Agendas, reports and minutes

Minute of the meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 7 June 2016 at 10.30 am.

Committee Members Present:

Mr D Bremner (excluding items 6.4 and 6.5), Mrs I Campbell (excluding item 6.5 and 7.1), Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mrs A MacLean, Mrs I McCallum, Mr D Millar (excluding items 6.4 and 6.5), Mrs M Paterson, Mr G Phillips (excluding items 6.2 and 6.3), Mr I Renwick, Mr A Rhind (excluding items 5.1 to 6.3), Dr A Sinclair and Ms M Smith.

Officials in attendance:

Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader, Planning
Ms J Bridge, Senior Engineer (Development Management)
Mr B Robertson, Principal Planner
Mr N Brockie, Planner
Mr G Sharp, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Miss C McArthur, Solicitor (Regulatory Services)
Mrs A MacArthur, Administrative Assistant

Business

Mrs Isobel McCallum in the Chair

The Chair 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.

1.  Apologies 
Leisgeulan

Apologies were intimated on behalf Mr D Mackay.

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minutes of the meeting of the Committee held on 26 April 2016 which were APPROVED.

4.  Major Applications 
larrtasan Mòra

There had been circulated Report No PLN/027/16 by the Head of Planning and Building Standards providing an update on progress of all cases within the “Major” development category currently with the Planning and Development Service for determination.

The Planning Officer responded to Members comments as follows:

• in relation to the Glenmorie wind farm the planning department had written to the agent recently, if no action was taken by the company which was about to go into liquidation, then the Council would be taking action against the landowners; and

• information was still awaited in relation to the Pesconova site and the application would not come to committee until the requested information had been received.

The Committee NOTED the Report.

5.  Major Developments – pre-application consultation
Leasachaidhean mòra – co-chomhairle ro-iarrtais

5.1 Description: Re-alignment of A890 between Balnacra and Lair (16/01771/PAN) (PLN/028/16)
Ward:  06
Applicant: The Highland Council
Site Address:  Land between Balnacra and Lair, Strathcarron

There had been circulated Report No PLN/028/16 by the Area Planning Manager 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 AGREED that there were no further material considerations to bring to the applicant’s attention.

6.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1 Applicant:  Mr Padraig Blackwood  (14/03802/FUL) (PLN/029/16)
Location: Land 320 m NE of Torandshall, Harpsdale, Halkirk (Ward 04)
Nature of Development: Erection of 100 kw wind turbine with height to hub of 23 m, height to tip of 36 m and rotor diameter of 26 m.  Erection of substation and associated infrastructure. 
Recommendation:  Grant.

There had been circulated Report No PLN/029/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.  Further visualisations were circulated and read by members prior to the presentation of the item.

The Planning Officer responded to Members comments as follows:

• the site edged red on the plan dictated the neighbours that required notification, only properties within 20 m of the red line required to be notified and these procedures had been carried out correctly, advertisement had also been carried out correctly;
• the objectors were current objectors for this application and had not been carried forward from the previous application;
• in terms of the planning requirements, the applicant had undertaken what had been required of him;
• stock management was a concern and with the site occupying common grazing land, the applicant may require to get agreement from the Common Grazings Committee and a cattle grid may be required; and
• hard copies of the visualisations were available on line and at the local Service Point;

The Committee AGREED the recommendation.

6.2 Applicant: Young Robertson and Co (15/02132/LBC and 15/02234/FUL) (PLN/030/16)
Location: 29 Traill Street, Thurso  (Ward 02)
Nature of Development: Lime-mortar pointing of all exterior walls, rear walls new lime-mortar harling also proposed
Recommendation: Refuse.

There had been circulated Report No PLN/030/16 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Members’ comments included the following:

• there was an acknowledgement that there was a responsibility to look after listed buildings in the tradition in which they were built;
• given the group listing and the location of the buildings within the conservation area, harling the rear elevation of one building would be inappropriate; and
• slaister harl was considered to be an appropriate compromise.

The Committee AGREED the recommendation.

6.3 Applicant: Mr and Mrs R Matheson (16/00519/FUL) (PLN/031/16)
Location: Land 100 m NE of Kielburn (Ward 06)
Nature of Development: Erection of house
Recommendation: Refuse.

There had been circulated Report No PLN/031/16 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Members’ comments included the following:

• should this house be considered to round off a group of houses, clarification was sought as to whether this applied in the wider countryside policy;
• the house is within the settlement and centrally placed within the community;
• the house would use the same access as the existing recently built house;
• this was not a designated scenic or landscape area;
• the house was set back in line with the neighbouring house maintaining the building line and located outwith the open vista with no detrimental impact on the view;
• the house was single storey, low profile with traditional architecture and materials which positively addressed earlier concerns of the much higher house previously refused;
• with the proposed position the house meets policies 28 and 29, it also meets policy 36 which promotes development in a fragile area; and
• the house does not relate to the existing linear pattern, it would break the sky line, it would be seen in its entirety within a particularly sensitive area of open undeveloped countryside, it would create a precedent for future development pressures and the current proposal still has the same adverse impacts as the previously refused scheme.

The Planning Officer responded to Members comments as follows:

• as the west coast does not have the hinterland policy it has to be considered under Policy 36, the wider countryside policy; and
• the report quotes from planning policy and includes the Planning Service’s interpretation of the policy as it applies to this application. The points in support of the application made by members reflected the agent’s interpretation of the policy.

Mrs I McCallum, seconded by Mrs A MacLean moved the recommendation.

Mrs I Campbell, seconded by Dr A Sinclair moved as an amendment that the application be approved subject to conditions to be agreed by the Area Planning Manager in consultation with the Chair and Councillors Sinclair and Campbell (as local members for Ward 6).

On a vote being taken, 4 votes were cast in favour of the motion and 9 in favour of the amendment, with one abstention as follows:

For the motion (4)

Mrs I McCallum, Mrs A MacLean, Mr I Renwick and Ms M Smith.

For the amendment (9)

Mr D Bremner, Mrs I Campbell, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mrs G Coghill, Mrs M Paterson and Dr A Sinclair.

Abstention (1)

Mr D Millar

The amendment therefore became the finding of the meeting and the Committee agreed to GRANT planning permission on the grounds that the proposed house:

• is located within the settlement and is considered to fit the building pattern;
• would not have a detrimental impact on the open public views;
• as amended from the earlier refused application addresses the concerns raised in the earlier application; and
• accords with HwLDP policies 28, 29 and 36.

Members confirmed that their agreement related to a single storey development only.

Planning permission is also subject to conditions to be agreed by the Chair and Councillors Sinclair and Campbell (local members).

6.4 Applicant: EDF Energy Limited (16/01336/S36) (PLN/032/16) (PLR/032/11)
Location: Corriemoillie Wind Farm, Corriemollie Forrest, Gorstan, Garve (Ward 06)
Nature of Development: Erection of 19 wind turbines - increase in generating capacity from 47.5 mw to 60.8 mw – application under Section 36 of the Electricity Act 1989
Recommendation: Raise no Objection.

There had been circulated Report No PLN/032/16 by the Area Planning Manager recommending the Committee raise no objection subject to the conditions detailed therein.

The Committee AGREED to raise no objection.

6.5 Applicant: Mr Richard Pumphrey (16/03140/FUL) (PLN/033/16)
Location: Land 50 m NW of Leathley Lodge, Edderton (Ward 05)
Nature of Development: Formation of riding centre and upgrade of access onto public road, hardstanding area of 42 m x 20 m for the use of car parking; creation of an equine manège with 12 m high floodlighting poles; erection of wooden stable block; siting of static caravan for storage of feed and tack; siting of portable office unit; and siting of portable toilet.
Recommendation: Grant.

There had been circulated Report No PLN/033/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ comments included the following:

• clarification was sought that “commercial operation” would not include matters related to animal husbandry and instead would reflect the hours that members of the public were permitted to attend the application site;
• a discussion over whether the hours of commercial operation should be restricted on a Sunday in the interests of protecting the amenity of the residents of Leathley Lodge; and
• consideration of the economic viability of the proposed development if the commercial hours of operation were restricted and an acknowledgement that, due to the nature of the business, there would be quiet periods during the permitted hours.

The Committee agreed to GRANT subject to an amendment to condition 3 so that it now reads ‘the hours of commercial operation’ and also subject to the rest of the conditions detailed in the report.

7.      Decisions of Appeals to the Scottish Government Directorate for Planning
and Environmental Appeals
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

7.1 Applicant: Scottish Power Renewables (09/00399/FULCA) (PPA-270-2143)
Location: Halsary Forest, Halsary, Caithness
Nature of Development: Develop land without compliance with condition 1 previously attached to planning permission 09/00399/FULCA for the construction of a wind farm containing 15 (as amended) wind turbines and turbine foundations; crane hardstandings; 2 site accesses from the A9(T); fenced substation and switchgear compound; on-site underground cabling; on-site access tracks and associated pipe bridges and watercourse crossings, removal of forestry, one permanent steel lattice or tubular tower anemometry mast; two temporary power performance assessment masts; and ancillary construction development including two temporary construction compounds/lay-down areas.

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals had been ALLOWED and the terms of the planning permission had been varied by deleting condition 19 and by making minor changes to the other conditions in the interests of clarity and consistency, and in accordance with the Act.

There being no further business the meeting closed at 11:55 pm.