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 2 August 2016 at 10.30 am.

Committee Members Present:

Mr D Bremner, Mrs I Campbell (excluding Items 1-4), Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mr D Millar (excluding items 6.1 and 6.2), Mrs M Paterson, Mr G Phillips, Mr I Renwick, Mr A Rhind, Dr A Sinclair and Ms M Smith.

Officials in attendance:

Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader, Planning
Mr K McCorquodale, Principal Planner
Ms J Bridge, Senior Engineer (Development Management)
Mrs E McArthur, Principal Planner
Mr B Robertson, Principal Planner
Ms L Stewart, Graduate 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 G Farlow.  Mrs I Campbell also apologised as she would be late for the meeting due to other Council business.

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 7 June 2016 which were APPROVED.

4.  Major Applications 
Iarrtasan Mòra

There had been circulated Report No PLN/034/16 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 Officers responded to Members’ comments as follows:

• the mixed use development at Culcairn Farmhouse, Station Road, Evanton - discussions had been ongoing but until there was a solution to the roads issue the planning application could not be progressed;
• Former Fish Factory at Conon Bridge – if the application was ready it would be brought to the September Committee, any issues relating to the flood defences would be picked up then, the defences as they currently stood were adequate for a 1:100 event;
• the supermarkets in Portree – the report had not been updated, the planning permission referred to had been issued, information was awaited from the applicant in relation to outstanding issues raised by SEPA;
• Glenmorie met masts – consent had not been given for the proposed windfarm and the three year permission for the met masts had expired. The developer is therefore in breach of planning control. There are ongoing discussions with the applicant regarding removal of the met masts.

The Committee NOTED the Report and it was agreed that the local members would be briefed on Glenmorie met masts and to advise Councillor Phillips once the DPEA had agreed the inquiry procedure for West Garty Wind Farm.

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

5.1  Description: Construction of a high voltage direct current switching station
(16/02707/PAN) (PLN/035/16)
Ward:  3
Applicant: Scottish Hydro Electric Transmission Plc
Site Address:  810 m South West of Noss, Wick

There had been circulated Report No PLN/035/16 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.

Following discussion, the Committee AGREED that the applicant will need to address the likely “visual impact” of the development and that it is expected that successful “screening” of the proposed switching station would be a significant factor in the Planning Authority’s determination of any future application.  In addition the issue of any noise impact on nearby sensitive properties will need to be fully assessed in any application submission.  Clarity is also requested on which elements of tracks are to be retained to provide improved public access to the area.

5.2  Description: Masterplan for the erection of 104 houses (16/02559/PAN) (PLN/036/16)
Ward:  9
Applicant: The MacKay Robertson and Fraser Partnership
Site Address:  Lochan Corr, Black Isle Road, Muir of Ord

There had been circulated Report No PLN/036/16 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 the potential material considerations to include capacity of the school and extension of the 30 mph speed limit. The provision of fibre cables should be encouraged and communal satellite provision to avoid multiple dishes.

5.3  Description: Refurbish existing farm buildings to form small distillery with associated warehouses, workers housing and build new tasting lodge (16/02705/PAN) (PLN/037/16)
Ward:  7
Applicant: Ardross Investment Ltd
Site Address:  Ardross Mains, Ardross, Alness

There had been circulated Report No PLN/037/16 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.

5.4  Description: Proposed development of an 18 hole championship links golf course, practice area, access arrangements, club house and ancillary facilities (16/02911/PAN) (PLN/038/16)
Ward:  5
Applicant: Bandon Dunes Golf Resort per Jones Lang LaSelle
Site Address:  Land 1700 m NW of Embo Community Centre, School Street, Embo

There had been circulated Report No PLN/038/16 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 but any road improvements to the local road network due to traffic impacts should include access routes from the north as well as from the south.

6.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant: Mr Brian Flockhart and Mr Simon Harrison (16/00522/FUL) (PLN/039/16)
Location: Land 15 m North of Luachran, 29 North Erradale, Gairloch (Ward 6)
Nature of Development: Erection of house 
Recommendation: Grant.

There had been circulated Report No PLN/039/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ appreciated the eco-design of the house and the work that had been undertaken to ensure the house blended into the area.  Members did not agree with the objectors that the development would result in the loss of views.

The Committee AGREED the recommendation.

6.2  Applicant: Ms Lucy Norval (16/02206/FUL) (PLN/040/16)
Location: Tighnaneun, Rogart, IV28 3XB (Ward 5)
Nature of Development: Erection of house on croft land
Recommendation: Grant.

There had been circulated Report No PLN/040/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

6.3  Applicant: Mr and Mrs Jim Monahan (16/02281/PIP) (PLN/041/16)
Location: Land 105 m SE of Rowangarth, Spinningdale (Ward 5)
Nature of Development: Erection of eco-house, formation of vehicle access, installation of treatment plant and soakaway.
Recommendation: Refuse.

There had been circulated Report No PLN/041/16 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Members’ comments included the following:

• this project was a self-build project that had been continuing since the 1990’s;
• a lot of encouragement had been given by The Highland Council on the design and concept of the development on the site;
• in the considerable time involved in bringing this development forward, the Council policies had changed; and
• the development was on the edge of the defined hinterland.

The Planning Officer responded to Members comments as follows:

• this development was not a “rounding off”, the development would be an extension into the open field which did not relate to the surrounding houses; and
• the aspiration was for an eco-friendly house but as this application was for planning in principle no house design had been submitted.

The Committee agreed to GRANT subject to conditions to be agreed by the Chair and local members, for the following reason:

On application of the statutory test, the weight attributable to the planning history of the application site and its proximity to the hinterland boundary was considered to outweigh that attributable to Policy 35 of the HwLDP.

6.4  Applicant: Miss Joyce Hendry (16/02334/S42/FUL) (PLN/042/16)
Location: Land West of Eight Acres, Smithfield, Culbokie (Ward 10)
Nature of Development: Application under Section 42 to develop land without compliance with Condition 1 previously attached to planning permission 14/04026/S42 (originally 12/02770/FUL) for the formation of access and house plot and provision of footpath
Recommendation: Grant.

There had been circulated Report No PLN/042/16 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members’ comments included the following:

• clarity was sought on whether the TEC roads department had made any comment on the suitability of the access and path when the application had been approved in 2012 and why any changes to the Road Construction Consent had not been made then;
• support for the status quo unless clarity could be given on the reason for the proposed changes to the permission;
• the applicant was aware at the time of the original application that the road would be built prior to the commencement of the development;
• agreement with the Community Council’s objection and with the material considerations contained in the report;
• the applicant had been aware at the outset that road improvements would be required; and
• this was the ninth house plot approved, and members did not consider the requirement for infrastructure improvements to be overly onerous;

The Planning Officer responded to Members comments as follows:

• the applicant had submitted drawings but, due to the scale of the banking required on either side of the road from a detailed Structural Engineer drawing after approval of the application, the road and the path had had to be moved;
• the 2014 consent was required to align both sets of drawings, the original drawing and the Structural Engineer’s drawing, it had had no effect on the requirement to build the road;
• the planning service do look at the economic viability of a development and spreading the cost over the four housing plots (applications for which have been lodged and are ready for determination) would make the building of the road more economically viable;
• the future development of four houses would require an affordable house/commuted sum and this had been discussed with the applicant; and
• the applicant’s original application had been for a house plot with road widening. Following discussions and negotiations with the planning service the application had been amended to “formation of access, house plot and provision of footpath”.

The Committee agreed to REFUSE the application on the following grounds:

There was insufficient justification to relax the condition as the condition remains necessary for road safety and the safety of pedestrians/non-vehicular users of the road.

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:  Ms Rhona Annand  (15/04389/S75D)  (POA-270-2006)
Location:  Cul A Mhuilinn, 7 Kinbeachie, Culbokie, Dingwall, IV7 8LS
Nature of Development:  Application to discharge planning obligation relating to planning permission 07/00889/FULRC

The Committee AGREED to note that the appeal to the Directorate of Planning and Environmental Appeals against non-determination had been ALLOWED and the Section 75 Planning Obligation had been discharged.

7.2  Applicant:  Mr Brian Elias (14/00016/FUL) (NA-HLD-082)
Location:  Land to North East of Glen View, High Street, Conon Bridge.
Nature of Development:Erection of three (reduced from 4) houses

The Committee AGREED to note that the application was called in by Scottish Ministers for their determination on 25 September 2015 and that full planning permission was REFUSED.

There being no further business the meeting closed at 12.25 pm.