Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 28 June 2016 at 11.00 am.

Committee Members present:

Mr R Balfour (excluding Items 6.2-7.3)
Mr A Baxter (excluding Items 5.1 and 6.3-7.3)
Mrs C Caddick (substitute) (excluding Items 6.2-7.3)
Mrs M Davidson (excluding Item 5.1)
Mr A Duffy (excluding Items 5.1 and 6.2-7.3)
Mr J Ford
Mr L Fraser
Mr J Gray
Mr D Kerr
Mr B Lobban (excluding Item 6.3)
Mr T MacLennan (excluding Item 6.2)
Mr F Parr
Mrs J Slater

Officials in attendance:

Ms N Drummond, Area Planning Manager South/Major Developments
Mr D Mudie, Team Leader
Mr S Hindson, Acting Principal Planner
Mr M Clough, Senior Engineer, Transport Planning
Mrs S Hadfield, Planner
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor
Mr S Taylor, Administrative Assistant

Non-Committee Member Present:

Mrs B McAllister (Items 3-5.1 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

Apologies for absence were submitted on behalf of Mr B Clark, Mr J Crawford, Mr D Fallows, Mr M Green, Mr R Laird, Mr T Prag and Mr H Wood.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.3 – Mr B Lobban (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 17 May 2016 which was APPROVED.

4.Major Applications
Iarrtasan Mòra

There had been circulated Report No PLS/039/16 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 response to questions, it was confirmed that:-

• A Proposal of Application Notice (PAN) for a change of planning condition to extend expiry date from 2018 to 2036 at Lochaline Mine, Lochaline, Morvern, which had been erroneously removed from the list of PANs at Appendix 3 to the report, was still live.
• Conclusion of a S96 ‘wear and tear’ agreement in relation to construction of a 400/132 kV GIS electrical substation at Garvamore, Laggan would be progressed at the earliest opportunity.
• Any updates received from the Energy Consents and Deployment Unit, Scottish Government regarding appeals currently being considered by Scottish Ministers for decision would be reported to the Committee.
• Work was currently underway to conclude a S75 agreement in relation to development at the former swimming pool site at Glebe Street, Inverness.

Thereafter, the Committee NOTED the current position.

5. Continued Item
Cuspairean a' Leantainn

5.1
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 re-circulated Report No PLS/038/16 by the Head of Planning and Building Standards recommending the grant of the application subject to the condition detailed  in the report.

A site visit had taken place earlier that morning, attended by Mr R Balfour, Mrs C Caddick, Mr J Ford, Mr L Fraser, Mr J Gray, Mr D Kerr, Mr B Lobban, Mrs B McAllister, Mr T MacLennan, Mr F Parr 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.

Ms N Drummond presented the report and recommendation, during which she advised that an amendment to the condition in the report to increase the size of the opaque glass screen proposed at either end of the balcony from 1.1 metres in height to the same height as the French doors, was recommended.

In response to questions, it was confirmed that:-

• A daylight and sunlight assessment had not been undertaken as the impact from the proposed extension on neighbouring properties was deemed minimal.
• The proposed opaque glass screen would be on either end of the balcony.
• The adjacent neighbouring property extended further out to the front of the applicant’s house than had previously been indicated within the agent’s drawings.
• Whilst the applicant had already given an indication that the upstairs bathroom window would be replaced with an opaque glass window, this could be secured by condition.

During discussion, the following comments were made:-

• Concern was expressed regarding the overlooking of neighbouring properties from the proposed balcony and potential noise intrusion.
• The proposed development would be less intrusive than the current layout.
• The house already had windows which overlooked neighbouring properties.
• The proposed design of the pitched roof sunroom represented an improvement on the current flat roof.
• The principle of overlooking neighbouring properties was well established within this locality.
• Concerns raised by neighbours with regard to the loss of privacy and sunlight and the impact of the garage extension on properties across the road from the development site were highlighted.
• There were already a number of buildings around two and a half storey in height within this neighbourhood.

After debate, the Chairman, seconded by Mr B Lobban, then moved that the application be granted subject to the conditions recommended in the report, with amendment  to condition 1 to require that the opaque glass screens at either end of the balcony be the same height as the French doors and an additional condition requiring that the upstairs bathroom window be replaced with an opaque glass window.

Mr D Kerr then moved as an amendment that the application be refused on the grounds that the proposed development would overlook numbers 10 and 6 Aultnaskiach and would result in loss of privacy at these properties.

There being no seconder for Mr Kerr’s amendment, the amendment fell.

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

• The opaque glass screen proposed at either end of the balcony to be increased from 1.1 metres in height to the same height as the French doors.
• The upstairs bathroom window to be replaced with an opaque glass window.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Hazeldene (Inverness) Ltd (16/02161/S42) (PLS/040/16)
Location: Land at Stratton and East Seafield, Inverness (Ward 18)
Nature of Development: Application to develop land without compliance with conditions 1, 2, 3, 9 and 25 and conditions 27 to 54 inclusive (regulating phasing, and regulating timing of provision of infrastructure) of 09/00141/OUTIN as amended by 13/01049/S42.
Recommendation: Grant

There had been circulated Report No PLS/040/16 by the Head of Planning and Environment recommending the grant of the application, subject to the conditions detailed in the report.

Mr S Hindson presented the report and recommendation, also tabling a consultation response from Smithton and Culloden Community Council.  He explained that matters raised in the response had either been covered within the report or dealt with by conditions and would be considered in detail within any future full planning application to develop the site.

The Committee was advised that if it was minded to grant planning permission, this would be subject to the prior conclusion and presentation for registration of a modified legal agreement to secure the matters listed at section 9.1A of the report.

Mr Hindson also invited the Committee to grant delegated powers to him to make such adjustments to the conditions as he considered necessary prior to issue of the permission.

In response to questions, it was confirmed that:-

• The provision of sufficient infrastructure for education within the surrounding area had been discussed with Education and could be achieved by condition requiring the applicant to submit a modified legal agreement including a developer contribution towards education facilities.
• The opportunity for community consultation regarding proposals for development within the site could be made during the submission of the Area Development Briefs for each principle phase of the development.
• The site proposed for Park and Ride facilities was considered suitable.
• Inclusion of a cemetery within the development could be a matter for consideration within the Local Development Plan.
• Whilst there was currently no indication as to when extensions to Smithton Primary School would commence, the project had been included within the Council’s Capital Programme and it was anticipated that developer contributions towards this could be received at an early stage.
• The provision of pre-school and primary school facilities within this area was proposed for inclusion within Phase 1 of the development and identification of a suitable site enabling infrastructure to be put in place at the earliest opportunity would be explored.
• There could be scope for regular liaison between the developer and the community as the applicant was keen to continue dialogue following the recent event held by the community council, the suggested approach to this being through consultation responses to the East Inverness Development Brief.
• An area to the east of Barn Church Road had been identified for outdoor sporting facilities.
• Delivery of suitable leisure and sporting facilities was included within Phase 2 of the development, subject to detailed plans to be submitted for approval.

During discussion, the following comments were made:-

• No major objections had been received from Smithton and Culloden Community Council.  However, the importance of education facilities within the area was emphasised.
• Improvements to transport access, in particular, duelling of the A96 carriageway into the area were highlighted.
• As this was an application for planning permission in principle, a degree of flexibility should be afforded to future design proposals and the establishment of a Liaison Group could provide residents with an opportunity to specify what they thought would be appropriate development.
• The importance of delivering infrastructure promptly was emphasised.
• Concern was expressed that the proposed sports facilities were not ambitious enough and that local Members and communities ought to come forward with ideas as to what facilities should be established.
• Concern was expressed regarding the timescales for the development, in particular, the provision of improved education facilities.
• Parking was a major issue within Inverness and the proposed Park and Ride services were welcomed.
• The development provided an opportunity to look at education in the area on a larger scale and it was suggested an education campus incorporating a primary and secondary school should be considered.
• The benefits of linking up new cycle paths to the existing network were highlighted.
• Whilst there was reluctance by many people to use public transport, the proposals could help to encourage a reduction in the use of private cars.

The Committee agreed to GRANT planning permission to develop land without compliance with conditions 1, 2, 3, 9 and 25 and conditions 27 to 54 inclusive of outline planning permission 09/00141/OUTIN as amended by planning permission 13/01049/S42, subject to:-

• the prior conclusion and presentation for registration of a modified legal agreement to secure the matters listed at section 9.1A of the report, and
• the conditions recommended in the report.

The Committee also agreed to grant delegated powers to the planning case officer to make such adjustments to the conditions as he considered necessary prior to issue of the permission.

6.2
Applicant: Castle Stuart Golf LLP (15/03626/FUL) (PLS/041/16)
Location: Site 240m North of Castle Stuart, Auld Petty, Dalcross, Inverness (Ward 18)
Nature of Development: Construction of 2nd Championship Golf Course at Castle Stuart.
Recommendation: Grant

There had been circulated Report No PLS/041/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Ms N Drummond presented the report and recommendation.

In response to questions, it was confirmed that:-

• The construction of a bund was required to protect bird roosting areas.
• SEPA was satisfied that there were no issues arising in relation to flood risk that had not been dealt with by the proposed conditions.
• The existing public access serving Old Petty would be retained.
• Improvements to the access path leading to the maintenance compound area were included as a condition.

During discussion, Members welcomed the application and were reassured that any issues relating to environmental concerns could be dealt with by the conditions in the report.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

6.3
Applicant: Mr Ian Boyd (16/00532/FUL) (PLS/042/16)
Location: Moray Park, Seafield Avenue, Grantown-on-Spey (Ward 21)
Nature of Development: Change of use from residential villa and private gallery to Arts and Education Centre for general public use providing gallery/exhibition space, public meeting rooms, training, conference, screening and retail facilities, offices, cafe/bistro.

Recommendation: Grant

Declaration of Interest – Mr B Lobban declared a non-financial interest in this item on the basis that he attended SNP party meetings at this property and left the chamber for the duration of this item.

There had been circulated Report No PLS/042/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Ms N Drummond presented the report and recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and agreed that the planning case officer consult local members on the signage proposals to be submitted under condition 1 prior to giving the planning authority’s agreement to the details of this signage.

6.4
Applicant: Mr Sean McLoughlin (16/02066/FUL) (PLS/043/16)
Location: Duart Cottage, 32 Culcabock Ave, Inverness, IV2 3RG (Ward 17)
Nature of Development: Alterations and change of use from garage to house annex.
Recommendation: Grant

There had been circulated Report No PLS/043/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mrs S Hadfield presented the report and recommendation.

In response to a question, it was confirmed that the rear elevation of No 44a Culcabock Avenue was located approximately 6m from the back of the existing house to the boundary wall and approximately 7m in total from the back of the house to the back of the garage.

During discussion, whilst acknowledging concerns which had been raised locally regarding traffic congestion on Culcabock Avenue, the Chairman expressed the view that, on balance, the proposed alterations and change of use were acceptable.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

7. Decisions on Appeal 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: Mr Ali Mohamed (PPA-270-2148) (15/02631/FUL)
Location: Ho Ho/Highlander Hostel, 23A High Street, Inverness, IV1 1HY
Nature of Appeal: Change of use to House in Multiple Occupation (HMO) with ancillary use as a Hostel.
The Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission, subject to the 6 conditions listed at the end of the decision notice.

7.2
Applicant: Mr Alexander Beattie (PPA-270-2149) (15/04092/FUL)
Location: 18 Woodlands Way, Westhill, Inverness, IV2 5DN
Nature of Appeal: Erection of Summerhouse (retrospective).

The Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission, subject to the condition contained within the decision notice.

7.3
Applicant: Ms Sarah Mackay (LBE-270-2000)
Location: 51 Grant Street, Inverness, IV3 8BP
Nature of Appeal: Appeal against listed building enforcement notice dated 15 January 2016 served by The Highland Council.

The Committee NOTED the decision of the Reporter to dismiss the appeal, refuse to grant listed building consent for the matters covered in the listed building enforcement notice, and uphold the listed building enforcement notice.

The meeting ended at 1.00 pm.