Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 17 May 2016 at 10.30 am.

Committee Members Present:

Mr A Baxter
Mr B Clark (excluding Item 6.1)
Mr J Crawford (excluding Items 6.1, 7.2 and 7.3)
Mrs M Davidson (excluding Items 7.2 and 7.3)
Mr A Duffy (excluding Items 7.1-7.3)
Mr D Fallows (excluding Items 6.1 and 7.1)
Mr J Ford
Mr L Fraser (excluding Items 5.2-6.2)
Mr J Gray
Mr M Green
Mr D Kerr (excluding Items 3-5.1)
Mr R Laird
Mr B Lobban (excluding Item 6.1)
Mr T MacLennan
Mr F Parr (excluding Item 6.1)
Mr T Prag
Mrs J Slater
Ms K Stephen (substitute) (excluding Item 6.1)
Mr H Wood

Officials in attendance:

Ms N Drummond, Team Leader
Mr D Mudie, Team Leader
Mr S Hindson, Acting Principal Planner
Mr J Kelly, Planner
Mr M Clough, Senior Engineer, Transport Planning
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor
Mr S Taylor, Administrative Assistant

Non-Committee Member Present:

Mrs B McAllister (Items 7.1-7.3 only)

Mr J Gray in the Chair

Preliminaries

The Chairman confirmed that the meeting would be filmed and broadcast over the internet on the Highland Council website and would be archived and available for viewing for 12 months.

Business

1. Apologies for Absence
Leisgeulan

An apology for absence was submitted on behalf of Mr R Balfour.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 – Mr T Prag (non-financial)
Item 6.2 – Mr L Fraser (non-financial)
Item 7.1 – Mr A Duffy and Mr D Fallows (both non-financial)

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation as a correct record the minute of the Committee meeting held on 12 April 2016 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLS/031/16 by the Head of Planning and Building Standards which provided a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

In speaking to the report, the Team Leader advised that planning permission for Cnoc an Eas Wind Farm had been refused under delegated authority.

Thereafter, the Committee NOTED the current position.

5. Major Developments – Pre-application Consultations
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais      

5.1
Description: Construction of single platform station on the north side of the rail line and associated parking – Aberdeen to Inverness rail line Improvements – Phase 1 (16/01500/PAN) (PLS/032/16)
Ward: 18 – Culloden and Ardersier
Applicant: Hitrans
Site Address: Land 685M South of Inverness Airport, Dalcross, Inverness

Declaration of interest – As a Council appointed Director of Inverness Airport Business Park, Mr T Prag declared a non-financial interest in this item and left the chamber for the duration of this item.

There had been circulated Report No PLS/032/16 by the Head of Planning and Building Standards  on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations.

The Committee NOTED the submission of the PAN and highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• Information on the frequency of trains,
• Justification for the closure of Petty level crossing,
• The impact of level crossing closure on users,
• The possibility of separating the application into two (one for the platform and one for the level crossing),
• Clarification on how the station would affect the potential realignment of the A96,

together with the other material considerations identified in the report.         

5.2
Description: Erection of Prison (16/01293/PAN) (PLS/033/16)
Ward: 20 – Inverness South
Applicant: Scottish Prison Service
Site Address: Land south of the A9 Interchange, west of the A9, Milton of Leys, Inverness

There had been circulated Report No PLS/033/16 by the Head of Planning and Building Standards  on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations.

The Committee NOTED the submission of the PAN and highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• The need to address compliance with the development plan given the current zoning of the site for business use,
• The need to provide assessment of visual impact of the development from residential areas and the A9,
• Justification for site selection and consideration of alternative sites.
• Highlight the importance of a thorough transport assessment including public service vehicle access and public transport,

together with the other material considerations identified in the report.

Mr Hindson advised the committee that the location of the Pre-Application Consultation meeting had changed location to Inshes Church.

The Committee also AGREED that should a full planning application be lodged, a site visit should take place prior to determination.

6. Continued Items
Cuspairean a' Leantainn

6.1
Applicant: Robertson Homes Ltd (15/03384/MSC) (PLS/034/16)
Location: Westercraigs, Inverness (Ward 14)
Nature of Development: Erection of 51 houses and associated works.
Recommendation: Approve

There had been circulated Report No PLS/034/16 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed in the Report.

A site visit had taken place on 11 April 2016, attended by Mr R Balfour, Mr A Baxter, Mrs M Davidson, Mr A Duffy, Mr J Ford, Mr J Gray, Mr M Green, Mr D Kerr, Mr R Laird, Mr T MacLennan, Mr T Prag and Mrs J Slater.  Only those members who had attended the site visit and were present at the meeting took part in the determination of the application.

Mr D Mudie presented the report and recommendation, during which he reminded Members that at its meeting on 12 April 2016, the Committee deferred consideration of the application to allow the developer time to consider relocation of some of the houses proposed for Site 11.  A response was subsequently received advising that the developer did not wish to amend their plans and that they intended to implement the details as set out in the application.

In response to questions, it was confirmed that:-

• There was no time restriction on the outline planning permission for the development as the outline permission and the Master Plan for Westercraigs were still live.
• Whilst the developer had previously applied for major modifications to developments located within the Westercraigs Master Plan, these had been dealt with as separate applications as they did not relate to the outline planning permission itself.
• A residents’ association had now been established in the area and an invitation could be extended to them during discussions between the developer and the planning service.
• There had been no further progress regarding talks with Dunain Community Rugby Club on the open space element of the provision of a replacement rugby pitch.

During discussion, the following comments were made:-

• Disappointment was expressed at the developer’s reluctance to engage in dialogue with the local community.  In response, Members were reminded that a community liaison group would be established as a condition of the outline planning permission previously granted to the applicant, under the modified conditions approved at the Committee’s last meeting.
• With regard to the Westercraigs Master Plan, concern was expressed that the power and initiative had been handed to the developer and that this should be looked into.
• People had lived around the development area for a number of years and had established patterns of use for the surrounding ground.
• Whilst the community had not objected to a number of changes to the Master Plan, the submission of the application in two parts had made it difficult for the community to have any sensible discussion with the developer regarding the retention of green space.
• A request was made that final agreement on the development of recreation and natural heritage infrastructure should be brought back to the Committee for ratification.  In response, Members were advised that as an alternative to the discharge of the condition relating to outline consent in planning permission 12/01832/S42 which could be dealt with by officers under delegated authority, the Committee could request that this be brought back to Committee for referral.
• Reassurance was sought, and received, that prospective plans for the development of open space, recreation and the natural heritage could be drawn up promptly so that the community could benefit from the open/recreational space as soon as possible.
• Whilst the importance of master plans in providing a general plan for areas of potential development was emphasised, it was suggested that the Council’s process for reviewing master plans should be looked at by the Planning, Development and Infrastructure Committee.
• It was acknowledged that the Master Plan had set out Site 11 as being allocated for housing.  However, whilst the proposals might have previously been deemed acceptable when the Master Plan was established 11 years ago, this was no longer the case.

Thereafter, the Committee agreed to APPROVE matters specified in conditions of 03/00676/OUTIN in respect of sites 5 and 11 subject to the conditions recommended in the report. 

The Committee further agreed that the plan to be submitted pursuant to the open space condition of planning permission 12/01832/S42 be subject to referral to Committee for approval.

6.2
Applicant: Mr and Mrs Tulloch (15/03125/FUL) (PLS/035/16)
Location: Old Milton, Kingussie (Ward 21)
Nature of Development: Use of land as Boys Brigade campsite and associated facilities (including wc's, showers and kitchen); upgrading works to access.
Recommendation: Grant

Declaration of interest – As a member of the Boys Brigade, Mr L Fraser declared a non-financial interest in this item and left the chamber for the duration of this item.

There had been circulated Report No PLS/035/16 by the Area Planning Manager - South recommending the grant of the application subject to the conditions detailed therein.

Ms N Drummond presented the report and recommendation.

In response to questions, it was confirmed that:-

• Scottish Water had indicated that, whilst there was sufficient water to serve the facility, the key issue would be the connection to the public water main and whether this would have an effect on the water pressure for existing residents.
• Condition 4 was recommended so as to protect the site from being used as a public/commercial campsite.

During discussion, the following comments were made:-

• Whilst no-one objected to the principle of the Boys Brigade using the field, concern was expressed regarding the current water supply in the area.
• A mistake in Condition 1(i) of the recommendation “…in consolation with the planning authority” was highlighted.  In response, it was confirmed that this would be amended to “…in consultation with the planning authority”.
• The current water supply in the area was inadequate and the proposed development could exacerbate the problem.
• Local residents in Drumguish were of the view that upgrades to the water supply in the area were required and the suggestion that a technical assessment was required in order to seek Scottish Water’s approval had deflected the need for upgrades in the area from Scottish Water.
• Reassurance was sought that the recommendation would take into consideration the needs of the area, in particular, a time constraint requiring that the re-filling of the water tank be undertaken only during off-peak hours and that the technical assessment would make reference to the protection of water supplies downstream.

In response to further questions, it was confirmed that:-

• There would only be a requirement to upgrade the current water supply if the water pressure was below 1.0 bar.  Scottish Water had not indicated that this was currently the case.
• An amendment to Condition 3 could be made to require tank filling only at off peak hours could be included.
• Concerns expressed regarding the water supply for residents downstream could be made known to Scottish Water.

Thereafter, the Committee agreed to GRANT planning permission subject to the conditions recommended in the report with the following amendment:-

• Condition 3 to be amended to require tank filling only at off-peak hours.

7. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1
Applicant: Nanclach Limited (15/04608/FUL) (PLS/036/16)
Location: Tom Nan Clach Wind Farm, Glenferness (Ward 19)
Nature of Development: Further application to extend the duration of Tom nan Clach Wind Farm, Cawdor, Nairn (permission P/PPA/270/2043) from 3 to 5 years.
Recommendation: Grant

Declarations of Interest

Mr D Fallows declared a non-financial interest in this item on the basis that his wife was an objector to the original application and left the Chamber for the duration of this item.

Mr A Duffy declared a non-financial interest in this item on the basis that he considered he had previously publicly expressed his opinion on the application and left the Chamber for the duration of this item.

There had been circulated Report No PLS/036/16 by the Head of Planning and Building Standards recommending the grant of the application, subject to the conditions detailed therein.

Mr D Mudie presented the report and recommendation, during which he advised that an objection to the application had been received the previous day from Grantown on Spey and Vicinity Community Council.

In response to questions, it was confirmed that:-

• In his consideration of the appeal lodged in respect of application 15/03286/FUL, subsequently granted as permission P/PPA/270/2043, while the area was, at that time, a proposed Area of Great Landscape Value (pAGLV), the Reporter had considered it as a proposed Special Landscape Area (pSLA).
• The only change that had occurred since approval of planning permission by the Reporter was the change of designation from pAGLV to Special Landscape Area (SLA) and that nothing else had changed in terms of the policies within the Highland-wide Local Development Plan (HwLDP).

During discussion, the following comments were made:-

• Drynachan, Lochidorb and Dava Moor’s designation as an SLA gave the area enhanced protection and status.
• Concern was expressed that there had been an inconsistency in the officer recommending the grant of planning permission as the Committee had previously refused the original application and the area had now been proposed as a Group 2 “area of significant protection” in the draft Onshore Wind Energy Supplementary Guidance.
• The Committee had to ensure that it had good grounds to refuse the application and it was likely that any subsequent appeal would make reference to the SLA as having been considered in the Reporter’s original decision despite it not being designated as an SLA at the time.
• The Reporter at the time of the appeal had been unable to give full consideration of the area as an SLA.
• The Committee had continually refused permission for windfarm development in this location.

In response to comments by Members, Mr Mudie explained that whilst there was now an enhanced status with regard to the SLA designation, the recommendation had taken into account the extant permission granted by the Reporter who, at the time, had decided that the impact of this status would be the same as for a pAGLV. 

In concluding discussion, the Chair expressed the general view that applications were dealt with on the basis of the guidance and advice presented to Members and this was how the Committee should always make its decisions.  The Committee had to be in a position where it could justify its decisions based on these principles and that in this particular case, the guidance provided in relation to the decision by the Reporter, whilst contrary to previous views expressed by the Committee, had to be respected.

No consensus having been reached between the members, Mr M Green, seconded by Mr B Lobban, then moved that the application be refused on the grounds that:-

• The Drynachan, Lochindorb and Dava Moor area had now been designated as a Special Landscaped Area (SLA) and therefore had a higher level of importance in terms of assessment of the impact of development on its features and setting.  The development was assessed as having a significant adverse effect on this SLA by reason of its impact on visual amenity and enjoyment of Lochindorb and its surrounding area, and therefore the special qualities of the SLA, and was accordingly contrary to Policy 57 of the Highland-wide Local Development Plan.  The potential socio-economic benefits of the development were not considered to outweigh this material consideration.

The Chairman, seconded by Mr T Prag, then moved as an amendment that the application be granted subject to the conditions recommended in the report.

On a vote being taken, fourteen votes were cast in favour of the motion and two votes in favour of the amendment, with one abstention as follows:-

Motion

Mr A Baxter
Mr B Clark
Mr J Crawford
Mrs M Davidson
Mr J Ford
Mr L Fraser
Mr M Green
Mr D Kerr
Mr B Lobban
Mr T MacLennan
Mr F Parr
Mrs J Slater
Ms K Stephen
Mr H Wood

Amendment

Mr J Gray
Mr T Prag

Abstention

Mr R Laird

The motion to REFUSE planning permission for the reasons stated accordingly became the finding of the meeting.

7.2
Applicant: Maximus Orkney Ltd (16/01089/FUL) (PLS/037/16)
Location: Former Church, High Street, Ardersier (Ward 18)
Nature of Development: Change of use from church to retail unit.
Recommendation: Grant

There had been circulated Report No PLS/037/16 by the Head of Planning and Building Standards recommending the grant of the application, subject to the conditions detailed therein.

Mr J Kelly presented the report and recommendation.

In response to questions, it was confirmed that:-

• Restrictions on delivery and collection times by vehicles could be secured by condition.
• It was difficult at this stage to estimate how much traffic would be generated by the business.
• Whilst there were currently no dedicated road markings on the street outside the building, the local member confirmed that residents used the street for parking.
• A requirement could be imposed that a detailed plan of parking arrangements including arrangements for disabled customers be submitted for approval.

During discussion, the following comments were made:-

• A request was made for the inclusion of an additional advisory note on construction noise.
• The proposed change of use presented a positive use of the building and provided a welcome opportunity for business in the village.
• Due to the design of the windows, the prospect of using the building as residential accommodation was unlikely.
• Given its historical importance, concern had been expressed locally of the potential consequences to the building should it continue to remain empty.
• The importance of minimising the impact of deliveries and collections during peak traffic hours was emphasised.
• Clarity was required on parking arrangements for the business.

The Committee agreed to GRANT planning permission subject to final conditions being adjusted to restrict deliveries and collections to between 10am and 4pm, opening hours to between 7am and 8pm and to ensure a detailed plan of parking arrangements including arrangements for disabled customers was submitted for approval and approved prior to the use being implemented.  These amended conditions were to be agreed with the local members prior to issue of the permission.

7.3
Applicant: Lord and Lady Peter Lovelace (16/01007/FUL) (PLS/038/16)
Location: Ralia, 8 Aultnaskiach, Inverness, IV2 4BB (Ward 15)
Nature of Development: Erection of Extension to House.
Recommendation: Grant

There had been circulated Report No PLS/038/16 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

Before any presentation of the report and recommendation took place, Members debated whether or not to hold a site inspection before determining the application.

The Committee agreed to DEFER determination of the planning application pending a site inspection to take place on Tuesday 28 June 2016.

The meeting ended at 12.30 pm.