Agendas, reports and minutes

The Highland Council
South Planning Applications Committee

Minute of Meeting of the South Planning Applications Committee held on site at application sites 16/02363/FUL, 16/02364/FUL and 16/02464/FUL and thereafter held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 27 September 2016 at 8.30 am and 12.30 pm respectively.

Committee Members Present:

Mr R Balfour
Mr A Baxter
Mr B Clark (excluding items 5.1 – 5.3 and 6.5 – 6.6)
Mr J Crawford (excluding items 6.4 – 6.6)
Mrs M Davidson (excluding items 6.1 – 6.2 and 6.4 – 6.5)
Mr A Duffy (excluding items 6.1 and 6.5)
Mr D Fallows
Mr L Fraser (excluding items 6.5 – 6.6)
Mr J Gray
Mr M Green (excluding items 6.1 – 6.6)
Mr D Kerr
Mr R Laid (excluding items 1 – 5.3)
Mr B Lobban
Mr T MacLennan
Mr F Parr
Mr T Prag (excluding items 5.1 – 5.3)
Ms K Stephen (substitute)
Mr H Wood (excluding items 6.5 – 6.6)

Members in attendance at the site meeting:

Mr R Balfour
Mr A Baxter
Mr J Crawford
Mrs M Davidson
Mr A Duffy
Mr D Fallows
Mr L Fraser
Mr J Gray
Mr M Green
Mr D Kerr
Mr B Lobban
Mr T MacLennan
Mr F Parr
Mrs K Stephen
Mr H Wood

Officials in attendance at the site meeting:

Ms N Drummond, Area Planning Manager South/Major Developments
Mr M Clough, Senior Engineer, Transport Planning
Mr S Hindson, Acting Principal Planner
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor

Officials in attendance at the scheduled meeting:

Ms N Drummond, Area Planning Manager South/Major Developments
Mr D Mudie, Team Leader
Mrs S Macmillan, Team Leader
Mr M Clough, Senior Engineer, Transport Planning
Mr K McCorquodale, Principal Planner
Mr S Hindson, Acting Principal Planner
Ms C Millard, Planner
Mr J Kelly, Planner
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor
Mrs A MacArthur, Administrative Assistant

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 Ms J Slater and Mr R Laird who would be late to the meeting due to other Council business.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt

Items 5.1 – 5.3: Mr T Prag (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 16 August 2016 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLS/055/16 by the Area Planning Manager – South/Major Developments 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:-

• as yet there was no indication from the Scottish Government of the Druim Ba appeal and applications with the Scottish Government had been taking some time;
• the Cullachie pre-enquiry meeting was due to take place the following week;
• in relation to the application for Glebe Street, the section 75 agreement was now at Registers of Scotland for recording, following which the consent would be issued;
• in relation to the Millennium South section 36 application, there was no indication of when the decision would come back from the Consents Unit; section 36 and 37 applications were generally taking over a year.

Members also commented that the Holm Woollen Mills PAN appeared to relate to a large development and, given problems with large developments in the past, close cognisance would be paid to the phasing of the development.

The Committee NOTED the current position.

5. Continued Items
Cuspairean a' Leantainn

Items 5.1 to 5.3: Mr T Prag declared a non-financial interest as the Ardersier Community Council had objected to all 3 applications and Mr Prag was the agent, in the local bye-election, for the Chairman of the Community Council. 

Mr Prag had previously declared an interest in items 5.1 and 5.2 at the last meeting as a Council-appointed Director of Inverness Airport Business Park, but had later found that the Business Park had no involvement in these applications.

A site visit for items 5.1 to 5.3 had taken place earlier that morning, attended by Mr R Balfour, Mr A Baxter, Mr J Crawford, Mrs M Davidson, Mr A Duffy, Mr D Fallows, Mr L Fraser, Mr J Gray, Mr M Green, Mr D Kerr, Mr B Lobban, Mr T MacLennan, Mr F Parr, Mrs K Stephen and Mr H Wood.  Only those members who had attended the site visit and were present at the meeting took part in the determination of the applications.

The site visit viewed the proposed pumping stations and treatment plant from a number of viewpoints and on site.  At each stop Mr S Hindson spoke to his Report and pointed out physical features relevant to the application and those representing the applicant and objectors were also given the opportunity to point out physical features relevant to the application.

Following the site visit and before commencement of items 5.1 to 5.3 at the meeting in the Chamber, Mrs K Stephen asked that the three applications be deferred as the HwLDP stated that developments in this area should be resisted until the necessary infrastructure improvements had been addressed.

Mr Hindson advised Mrs Stephen that the purpose of these applications was to address the infrastructure requirements in the area.  The HwLDP asked that developments, such as housing developments, should be resisted until these infrastructure improvements had been put in place.  Any road improvements required would be secured by condition and the Traffic Management Plans, and would require to be implemented prior to the development at the Waste Water Treatment Plant (Item 5.3) commencing.

Mrs K Stephen, seconded by Mr R Balfour, nonetheless moved that items 5.1 to 5.3 be deferred in order to resist development until longer term transport and other improvements have been designed and a means of funding these had been agreed.  Mrs Stephen had been advised, by planning officers and the clerk, that this was not avalid reason for deferral.

Mr J Gray, seconded by Mr D Kerr, moved as an amendment that the committee proceed to determine the applications. 

On a vote being taken, two votes were cast in favour of the motion to defer, twelve votes were cast in favour of the amendment that the applications be determined and there was one abstention, as follows:-

Motion

Mrs K Stephen
Mr R Balfour

Amendment

Mr A Baxter
Mr J Crawford
Mrs M Davidson
Mr A Duffy
Mr D Fallows
Mr L Fraser
Mr J Gray
Mr M Green
Mr D Kerr
Mr B Lobban
Mr T MacLennan
Mr F Parr

Abstention

Mr H Wood

The Committee therefore AGREED to proceed to determine items 5.1, 5.2 and 5.3. 

5.1
Applicant: Moray Estates Development Company (16/02363/FUL) (PLS/052/16)
Location: Land 460m NE of The Steading, Dalcross (Ward 18)
Nature of Development: Upgrade of the existing bellmouth; the erection of a pumping station and kiosk, dosing kiosk, fencing 1.1 metre high and re-contouring of land.
Recommendation: Grant

There had been circulated Report No PLS/052/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr S Hindson presented the report and recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report together with an undertaking by officers that local Members be consulted in relation to the landscaping scheme before this is approved.

 

5.2
Applicant: Moray Estates Development Company (16/02364/FUL) (PLS/053/16)
Location: Land 585m NW of The Steading, Dalcross (Ward 18)
Nature of Development: Upgrade of the existing bellmouth; the erection of fencing 1.1 metre high and re-contouring of land; including the installation of a pumping station with kiosk and associated works.
Recommendation: Grant

There had been circulated Report No PLS/053/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr S Hindson presented the report and recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report together with an undertaking by officers that local Members be consulted in relation to the landscaping scheme before this is approved.

5.3
Applicant: Scottish Water (16/02464/FUL) (PLS/054/16)
Location: Ardersier Waste Water Treatment Works, Ardersier (Ward 18)
Nature of Development: Installation of Ultraviolet Treatment Plant at the Ardersier Waste Water Treatment Works.
Recommendation: Grant

There had been circulated Report No PLS/054/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr S Hindson presented the report and recommendation.  Mr S Hindson updated Members following the site visit as follows:

• the consultation had followed due process and neighbour notification advertisements had been placed in the local papers as required by legislation where there are unknown neighbours;
• in relation to the information given on numbers of heavy good vehicle movements within the construction period, the figures given at the site visit were incorrect and the correct figures, which were not significant in terms of existing traffic, were given to Members.  Sixty-three HGV movements were anticipated in month one, thirty-two in month two and twenty-five in each of months three, four and five.

In response to questions, it was confirmed that:-

• a section 96 agreement to cover the wear and tear of the public roads would be required;
• maintenance and any upgrading of local roads would be identified in the  Traffic Management Plan;
• consultation by Scottish Water with the local community on  the Traffic Management Plan (construction and operational)  and the landscaping scheme.
• the UV plant proposed was required for both the current waste water treatment plant and any future expanded plant;
• existing access to the beach would be unaffected;
• a condition could be added to limit the removal of existing vegetation to the minimum required to undertake the works and to specify particular types of planting.

The Committee agreed to GRANT planning permission subject to the timeous  conclusion of a s96 agreement under the Roads (Scotland) Act 1984 and the conditions recommended in the report together with additional conditions/amendments to secure the following:

• a requirement that Scottish Water consult with the community on their proposals for the  Traffic Management Plan (construction and operational) and the landscaping scheme;
• formation of a community liaison group with Local Member involvement;
• condition 3 to be amended to specify particular types of planting required and to limit the removal of existing vegetation to the minimum required to undertake the works,

and subject also to an undertaking by officers that they consult with the Local Members before approving the Traffic Management Plans (construction phase and operational phase) and the landscaping scheme when submitted. This will be added as an informative on the decision notices.

A recommendation was made by the Chair that Scottish Water improve their consultation with the local community to take on the issues raised and to resolve these issues.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Mr D Smillie (16/01178/FUL) (PLS/056/16)
Location: Everest Restaurant, 141B High Street, Fort William, PH33 6EA (Ward 22)
Nature of Development: Change of use from restaurant (Class 3) to nightclub (Class 11)
Recommendation: Grant

There had been circulated Report No PLS/056/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mrs S Macmillan presented the report and recommendation.

In response to questions, it was confirmed that:-

• any issue of operational noise nuisance would be a matter for the Highland Licensing Board, and
• the street lighting in the lane beside this property was adequate.

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

6.2
Applicant: Mr J Morris (15/02020/FUL) (PLS/057/16)
Location: Land to East Of Station Cottage, Corpach, Fort William (Ward 12)
Nature of Development: Erection of House
Recommendation: Grant

There had been circulated Report No PLS/057/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report. 

Ms C Millard presented the report and recommendation and updated the report to remove the second paragraph at Item 9.1.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and subject to prior referral to Scottish Ministers given the outstanding objection from SEPA regarding flood risk.

6.3
Applicant: Tweed Estates and Kirkwood Homes (16/02009/FUL) (PLS/058/16)
Location: Land at Lower Slackbuie, Inverness  (Ward 20)
Nature of Development: Mixed use residential development and restaurant with licenced bar (Use Class 3) and associated living accommodation.
Recommendation: Grant

There had been circulated Report No PLS/058/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report. 

Mr K McCorquodale presented the report and recommendation and updated members with a correction to the report at 8.36 where the shortfall of parking should have been stated as 16 and not 24.

In response to questions, it was confirmed that:-

• trees in the area would be protected;
• Environmental Health had not considered there to be an issue with noise;
• the drainage aspect of the development had been dealt with by SEPA and the Flood Team;
• as there had been considerable developer contribution for this development including 15 affordable houses, education funding for the primary school, designs for road linkage and public art at the entrance to the restaurant, other contributions had not been requested;
• phasing of the development was very important and would be taken into consideration;
• considerable discussion had taken place overdeveloping this area of road as dual carriageway for a bypass, but plans today for the West Link road were for twin track and not dual carriageway;
• the Head of Education had requested a primary education contributionbut not a secondary education contribution in respect of this development;
• a calculation is undertaken in relation to the parking spaces where the numbers of tables, floor space and various other factors are taken into account and it was anticipated that a large amount of the footfall for this restaurant would be from the surrounding houses;
• the school catchment would fall under Cauldeen Primary School and Inverness Royal Academy and an informative would be added to the planning consent to this effect;
• the pedestrian crossing would be designed by the Council’s Roads and Transport Team and would be placed where the natural flow of pedestrians occurs; the possibility of linking all pedestrian crossing signals in the vicinity would also be looked at; and
• a condition could be added to ensure that no external plant/metal work or flues were installed on the roof of the restaurant/pub and that any mechanism for air conditioning or ventilation should be internal.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and the prior conclusion of a section 75 Agreement to secure the matters listed at para 8.64 of the report, together with additional conditions / informatives as follows:

• No external plant/metal work or flues are to be installed on the roof of the pub and any mechanism for air conditioning or ventilation equipment should be internalised (condition);
• The location of the required pedestrian crossing on the southern distributor road will require the prior approval of the Planning Authority with the possibility that all pedestrian crossings are linked (condition);
• The developer will be required to make a public art contribution (condition); and
• The primary and secondary catchment areas within which these households all be highlighted (informative).

6.4
Applicant: Eastgate Unit Trust (16/02797/FUL) (PLS/059/16)
Location: Eastgate Shopping Centre, 11 Eastgate, Inverness (Ward 15)
Nature of Development: Extend the Falcon Square façade of Eastgate Shopping Centre to provide 4 new restaurant units with outside seating areas.
Recommendation: Grant

There had been circulated Report No PLS/059/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr J Kelly presented the report and recommendation.

In response to questions, it was confirmed that:-

• it had been a requirement of the original planning consent for the Eastgate development that the amenity space on Falcon Square be provided;
• the seating and cycle racks had been taken out for this design and there was no indication of where these would be reinstated;
• class 3 planning permission for restaurants had been requested  and the understanding was that there would be four occupiers with separate accesses, two of which would be from Falcon Square;
• clarity would be sought from the applicant on the position and retention of the clock;
• the overall footprint for this development was still less than had been approved in 2014 and the 2014 permission was still extant;
• it was fundamental that an element of control was retained in relation to the artwork, but the condition had been worded in such a way so as not to impede the start of the development; and
• the existing bus shelter in Falcon Square had not been moved and this was covered in condition 10 where an enlarged bus shelter was required;

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and the prior conclusion of a section 75 agreement to secure the matters referred to in paragraph 8.7 of the report together with additional conditions/amendments to secure the following:

• additional seating and cycle racks are to be provided;
• a clear area of space for public performances must be maintained;
• the applicant is to look at opportunities for the finalised plans to be co-ordinated with the train station and Academy Street improvement works to ensure they fit in with the wider area,

and an undertaking by officers that they will consult Local Members and IC Arts on the scheme for enhancement of the public realm within Falcon Square (required under condition 7) before this is approved.

The Planning Officer also undertook to clarify the position of the wall clock and the proposed extension of the bus shelter with the applicant.

6.5
Applicant: Eastgate Unit Trust (16/02798/FUL) (PLS/060/16)
Location: 8 – 10 Academy Street, Inverness (Ward 15)
Nature of Development: Erect extension.
Recommendation: Grant

There had been circulated Report No PLS/060/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr J Kelly presented the report and recommendation.

In debate Members had the following comments:-

• a picture of the whole frontage would have been helpful;
• from the plans available, Members could not see that this extension would enhance the area;
• the extension was too square on the front of the Filling Station which was a classical well-designed building with an interesting arch and the steps to the door; this extension would detract from the design;
• the plan did not indicate where the trees that were to be removed would be re-sited; when replanted in the square this would deplete the open space;
• no plan had been made to replace the outside seating area that was to be removed and no indication was given as to whether standard seating or something different was proposed;
• the bin storage had been a problem as the bins were stored in Station Lane and this should be conditioned so that the bins are stored out of view and only put out on the day of collection;
• the cycle stands had been removed but there was no indication of where these would be moved to and what they would look like; and
• the development was devoid of any architectural merit.

Mr T Prag, seconded by Mr D Kerr moved refusal of the application as the design of the proposed development is such that it would introduce a discordant addition to the listed building and, as such, is considered:

• contrary to Policy 28 of the Highland-wide Local Development Plan (HwLDP) in that it fails to demonstrate sensitive siting and high quality design in keeping with local character and historic environment and in making use of appropriate materials;
• contrary to Policy 57 of the HwLDP in that it would have an unacceptable impact on the heritage resource; and
• to conflict with the Inverness City Centre Development Brief in that it fails to protect or enhance the rich and diverse cultural and natural heritage of the city centre.

Mr A Duffy, moved as an amendment, that the application be approved.  There being no seconder the amendment fell. 

The Committee therefore agreed to REFUSE planning permission for the reasons stated.

6.6
Applicant: Eastgate Unit Trust (16/02696/LBC) (PLS/061/16)
Location: 8 – 10 Academy Street, Inverness (Ward 15)
Nature of Development: Extend restaurant, partial demolition of wall on north-east façade for kitchen extension and removal of door on south-east façade.
Recommendation: Grant

There had been circulated Report No PLS/061/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

The Committee agreed to REFUSE listed building consent and planning permission for the following reasons:

The design of the proposed development is such that it would introduce a discordant addition to the listed building and, as such, is considered:

• contrary to Policy 28 of the Highland-wide Local Development Plan (HwLDP) in that it fails to demonstrate sensitive siting and high quality design in keeping with local character and historic environment and in making use of appropriate materials;
• contrary to Policy 57 of the HwLDP in that it would have an unacceptable impact on the heritage resource; and
• to conflict with the Inverness City Centre Development Brief in that it fails to protect or enhance the rich and diverse cultural and natural heritage of the city centre.

6.7
Applicant: Mr Elliot Moir (16/01948/FUL) (PLS/062/16)
Location: Land 35M East of 2 Dell of Inshes, Inshes, Inverness (Ward 20)
Nature of Development: Refurbishment of existing farm buildings into two dwellings.
Recommendation: Grant

There had been circulated Report No PLS/062/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

The Committee agreed to DEFER determination of the application until further information recently provided to officers has been considered. 

The meeting ended at 4.30 pm.