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 29 November 2016 at 10.30 am.

Committee Members Present:

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr G Farlow (excluding item 7.1 – 8), Mr B Fernie (excluding items 6.1 – 6.7), Mr M Finlayson, Mr C Fraser, Mr D MacKay (from item 6.3), Mrs A MacLean, Mrs I McCallum, Mrs M Paterson (excluding item 6.8 - 7.1), Mr G Phillips (excluding items 6.3 – 6.7), Mr A Rhind, Dr A Sinclair and Ms M Smith (excluding item 6.4). 

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mr J Murray, Senior Environmental Health Officer
Mr M Harvey, Team Leader, Planning
Mr K McCorquodale, Principal Planner
Mrs D Stott, Principal Planner
Ms S Hadfield, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Miss C McArthur, Solicitor (Regulatory Services)
Mrs K Shaw, Solicitor (Planning and 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 I Renwick.

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 18 October 2016 which were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/060/16 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 Committee NOTED the Report and comment was made in relation to the PAN for the proposed development of an 18 hole championship links golf course that seasonal traffic would not have been picked up in the recent traffic survey carried out and that the applicant should take this into consideration.

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

5.1  Description: Scottish Hydro Electric Transmission (SHET) proposes to construct a new 132 kv overhead line (OHL) between Skye (Edinbane) and Fort Augustus (Auchteraw Substation) (PLN/061/16)
Ward:  6 and 11
Applicant: Scottish Hydro Electric Transmission Plc (SHET)
Site Address:  Fort Augustus – Skye 132 kv overhead line    

There had been circulated Report No PLN/061/16 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 Planning Officer responded to Members comments as follows:

• Ofgem have a £500 million project across the UK to invest in the removal of transmission lines in areas of outstanding beauty and specifically across National Parks and National Scenic Areas and inviting bids from across the UK to remove existing cables which would bring a degree of mitigation to the project; and
• the existing line was old and due a major refresh so the old line would be removed and a new line built; and
• the Planning Service supported the preferred option route of the existing line and this would be brought to the developer’s attention.

Following discussion, the Committee AGREED that there were no further material considerations to be brought to the applicant’s attention.  However, Members wished it be emphasised to the applicant that they do adhere to their stated preferred route in that it followed the existing pylon line route and avoided siting in Glen Shiel.

6.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

There are circulated Reports Nos PLN/062/16 – PLN/070/16 by the Area Planning Manager (North) which are as follows:-

6.1 Applicant: Mr and Mrs I Mackay (15/01184/FUL) (PLN/062/16)
Location: Land east of Dun Fionn, Bog of Findon, Culbokie  (Ward 10)
Nature of Development: Erection of house and garage.
Recommendation: Grant.

There had been circulated Report No PLN/062/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  A late letter from the solicitor of one of the objectors was also circulated at Committee and members were given time to read the correspondence.   

Members’ comments included the following:

• if this application was approved it could lead to a further access off an already difficult junction;
• the drainage in this area was poor and there was concerns over accessibility by the emergency services; and
• although no objection to proposed house, an alternative access to that proposed would be an opportunity to improve the junction and make the junction safer.

The Planning Officer and Senior Engineer responded to Members comments as follows:

• the emergency services, if required, would take access by any means available;
• a feasibility study had recently been undertaken at this junction, the results of which had still to be worked through;
• improvements at the junction would be beneficial.

The Committee agreed to DEFER the application to allow for exploration of alternative access options to avoid losing so much land to the convoluted access proposed. 

6.2 Applicant: Pat Munro Alness Ltd (16/01816/FUL) (PLN/063/16)
Location: Land East of Ballachraggan, Teaninich, Alness (Ward 07)
Nature of Development: Formation of access roads, services, landscaping and plots to create mixed use commercial/business park.
Recommendation: Grant.

There had been circulated Report No PLN/063/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.   The planning officer outlined changes to conditions 14, 15 and 16.

The Planning Officer responded to Members comments as follows:

• in relation to parking, condition 18 required details of the access and parking at each site; and
• bus shelters had been proposed for the two existing bus shelters to the North and to two further bus shelters and stops had been proposed to the South of the site.

The Committee agreed to GRANT the application subject to the conditions detailed in the report together with the following amendments:

• Condition 14 - Prior to first occupation of development on any plot, details of a scheme for the introduction of a 40 mph speed limit on Teaninich Avenue between the current limit and the southern access point (including funding promotion of an order together with signing, lining and street lighting amendments) shall be submitted to and agreed in writing by the Roads Authority.   Thereafter the order shall be made and the works constructed (as agreed by the statutory process) in accordance with a programme to be agreed in writing with the Planning Authority after consultation with the Roads Authority.
• Condition 15 - Prior to first occupation of development on any plot, a Road Safety Audit shall be carried out at the applicant’s expense, to determine the extent of street lighting required on Teaninich Avenue.  Thereafter the installation of street lighting shall proceed on the basis of the Audit’s findings.
• Condition 16 - Prior to first occupation of development on any plot, a revised Framework Travel Plan, shall be submitted to and approved in writing by the Planning Authority after consultation with the Roads Authority.  Thereafter the development shall proceed in accordance with such Framework Travel Plan as approved.

6.3 Applicant: Foreboys (Highlands) Ltd (16/03121/FUL) (PLN/064/16)
Location: Old Schoolhouse Site, Corry Road, Muir of Ord (Ward 09)
Nature of Development: Erection of ten residential units. 
Recommendation: Grant.

There had been circulated Report No PLN/064/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  The Area Planning Manager advised that the applicant sought deferment to enable the applicant to come back with a revised application. 

The Committee agreed to DEFER the application, at the applicant’s request, in light of objectors’ comments on the proposed access to allow the applicant to re-examine access arrangements and the opportunity to come back with a revised planning application.

6.4 Applicant: The Highland Council (16/03891/ADV) (PLN/065/16)
Location: Land 65 m SE of Kingdom Hall, Tain (Dornoch Bridge Roundabout) (Ward 08)
Nature of Development: Roundabout advertisement signage. 
Recommendation: Grant.

There had been circulated Report No PLN/065/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  

Members’ comments included the following:

• road users had to pay attention at roundabouts and advertising on a roundabout would be primarily to draw the attention of drivers which would put people’s lives at risk;
• drivers often already used the wrong lanes at roundabouts, a further distraction would be disastrous; and
• the Council was already struggling to maintain the roundabouts they had without taking on more roundabouts.

The Planning Officer responded to Members comments as follows:

• the trunk authority had been contacted and had confirmed that they had no objection to the road signs; and
• the funding from the advertisements would provide the money to maintain the roundabouts.

Mr A Rhind, seconded by Mrs M Paterson, moved that the application should be refused for the following reason:

The proposed signs would cause a distraction to drivers and represent visual clutter to the detriment of the wider landscape and amenity of the area contrary to policy 61 of the Highland wide Local Development plan.

There being no amendment the Committee agreed to REFUSE the application for the reason stated above.

6.5 Applicant: The Highland Council  (16/03914/ADV) (PLN/066/16)
Location: Land 310 m NW of Beechfield, Nigg Station, Tain (Nigg Roundabout) (Ward 08)
Nature of Development: Roundabout advertisement signage.
Recommendation: Grant.

There had been circulated Report No PLN/066/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  

Members’ reiterated their comments from 6.4 for this item and Mr A Rhind, again seconded by Mrs M Paterson, moved that the application should be refused for the following reason:

The proposed signs would cause a distraction to drivers and represent visual clutter to the detriment of the wider landscape and amenity of the area contrary to policy 61 of the Highland wide Local Development plan.

The Committee agreed to REFUSE the application for the reason stated above.

6.6 Applicant: The Highland Council (16/03890/ADV) (PLN/067/16)
Location:  Land 600 m NE of 1 School Road, Conon Bridge (Roundabout) (Ward 09)
Nature of Development: Erection of four advertisement signs.
Recommendation: Grant.

There had been circulated Report No PLN/067/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  

Members’ reiterated their comments from 6.4 for this item and Mr A Rhind, again seconded by Mrs M Paterson, moved that the application should be refused for the following reason:

The proposed signs would cause a distraction to drivers and represent visual clutter to the detriment of the wider landscape and amenity of the area contrary to policy 61 of the Highland wide Local Development plan.

The Committee agreed to REFUSE the application for the reason stated above.

6.7 Applicant: Mr Craig MacIntosh (16/04192/FUL) (PLN/068/16)
Location: Firth View, 143 Portskerra, Melvich, Thurso, KW14 7YL (Ward 01)
Nature of Development: Erection of extension and formation of dormer window
Recommendation: Refuse.

There had been circulated Report No PLN/068/16 by the Area Planning Manager recommending refusal of the application for the reasons detailed therein.  

Members’ comments included the following:

• disagreement  with the planning officers reasons for refusal, there had been no objections from the Community Council or anyone in the village;
• this house was a sustainable development which would be fit for purpose for many years to come;
• there were other buildings in the area that were just as large or larger;
• other Members did not agree with the design and noted that the applicant had been given the opportunity to amend the design;
• the extension to the traditional house would be overwhelming, members would prefer to see a more sympathetic extension;
• in previous applications extensions were never allowed to be above the original ridge line of the house, this extension was well above the ridge line of the original house; and
• the strange shapes of the proposed extension would harm the character of the original house.

The Planning Officer responded to Members comments as follows:

• the planning department were not against the principle of an extension to this house, they were against the proposed design of the extension and would be happy to work with the application on a more acceptable design.

Mrs I McCallum, seconded by Dr A Sinclair, moved refusal of the application for the reasons stated in the report and as the ridge height of the extension was above that of the original house.

Mr G Farlow, seconded by Ms M Smith, moved as an amendment that the application be approved for the following reasons:

1. The proposal is considered to accord with Policy 28 Sustainable Design and Policy 29 Design Quality and Place-making of the Highland wide Local Development Plan as:

• It does demonstrate sensitive and high quality design in keeping with the local character;
• It will not dominate the property and will safeguard the character of the original building.

2. The proposal will make a positive contribution to the architectural and visual quality of Portskerra as set out in Policy 29 Design Quality and Place Making of the Highland wide Local Development Plan.
3. The development is considered to be compatible with the existing pattern of development and therefore accords with Policy 34 Settlement Development Areas of the Highland wide Local Development Plan.

On a vote being taken, 7 votes were cast in favour of the motion and 6 in favour of the amendment, as follows:

For the motion (7)

Mr D Bremner, Mrs G Coghill, Mr M Finlayson, Mrs A MacLean, Mrs I McCallum, Mr A Rhind and Dr A Sinclair.

For the amendment (6)

Mrs I Campbell, Mr G Farlow, Mr C Fraser, Mr D MacKay, Mrs M Paterson and Ms M Smith.

The motion therefore became the finding of the meeting and the Committee agreed to REFUSE the application for the reasons detailed in the report.

6.8 Applicant: Mr Robert Finnie (16/04199/FUL) (PLN/069/16)
Location: Torsealladh, Munro Park, Contin, Strathpeffer, IV14 9ES. (Ward 06)
Nature of Development: Change of use of land to domestic curtilage, erection of two garages and a garden shed (retrospective)
Recommendation: Grant.

There had been circulated Report No PLN/069/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  

Members’ comments included the following:

• this was a very large building and members asked for clarity on the definition of a garage;
• if this application had not been retrospective would members not have requested that this be moved to the other side of the plot;
• the garage had obviously been placed here for easy access at the start of the drive;
• the bigger building stood out as occupying the wrong position, the smaller building blended in and was more sympathetic; and
• both garages had been unauthorised and both could have been positioned better within the plot.

The Planning Officer responded to Members comments as follows:

• the building was for domestic use and was therefore classed as a garage, the planning department had been satisfied this was a garage based on the information they had received.

Following discussion, the Committee agreed to DEFER the application to progress discussions between the applicant and the Council regarding the siting of the completed building and to thereafter report back to the Committee with any proposed amendments.

6.9 Applicant: BKB Property (16/03969/PIP) (PLN/070/16)
Location: Land at Knockbreck Farm and Burgage Farm, Knockbreck Road, Tain (Ward 8)
Nature of Development: Masterplan for proposed mixed use development (housing, business, retail, tourism, leisure and community uses) on approximately 21 hectares at Knockbreck, Tain.
Recommendation: Grant.

There had been circulated Report No PLN/070/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  

The Committee agreed to GRANT the application subject to the conditions detailed in the report together with an amendment to the time limit direction being changed from five years to the statutory three years.

6.10 Applicant: Mr David Gill (16/02104/FUL) (PLN/071/17)
Location: Rosskeen Farms, Invergordon, IV18 0PL (Ward 07)
Nature of Development: Erection of agricultural anaeorobic digester plant
Recommendation: Grant.

There had been circulated Report No PLN/071/16 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.   The Area Planning Manager amended conditions 3, 4, 5, 6 and 7.   

Ms Bridge outlined the routes and the mitigation required for the road.

Members’ comments included the following:

• confusion at how the traffic could be controlled to avoid two way movement through the cemetery corner;
• this development would pass the Tomich junction and should contribute to the development of that junction;
• the report stated that the plant would be fed from farms within an 8 mile radius of the site, surely this radius would increase over time and would this be included in the new Traffic Management Plan which was to be provided every year;
• the screening given from the woodland on the border with the birch wood and the golf course may not always be there, reassurance that a screen would remain;
• disappointment at the lateness of this report;
• this was a busy road with a popular church, would there be a restriction on Sunday use;
• concern for the owners of the adjoining properties who would now have traffic in front of and behind their houses with the resultant lack of amenity this would cause;
• concern at the odour generated from the plant; and
• clarity on why the Flood Team had retracted their objection to the application.

The Planning Officer and Senior Engineer responded to Members’ comments as follows:

• there would be no two way traffic from vehicles coming from and going to the anaeorobic digester plant;
• the traffic to the anaeorobic plant would not utilise the Tomich junction and the Roads Department had concentrated and asked for mitigation on the Rosskeen junction and road as they were directly affected;
• the woodland was not owned by the applicant and there was little space on the applicant’s property for tree screening, to provide screening on the development it would require that the development be moved nearer to the houses;
• the only odour from the plant would be immediately beside the pits;
• the track would be hardsurfaced to alleviate any dust;
• the road movement would be monitored on a daily basis by Council officers;
• there had been no pre-application discussion, the applicant had lodged the application and then dealt with the objections; and
• the Flood Team had retracted their objections as once these had been flagged to the applicant they had addressed the Flood Team’s concerns.

Mrs I McCallum, seconded by Mrs A MacLean, moved approval of the application.

Ms M Smith, seconded by Mrs G Coghill, moved as an amendment that the application be refused for the following reasons:

• Despite acknowledging the positive aspects of the development, the development is judged to be significantly detrimental in terms of its impact on individual and community residential amenity and does not demonstrate sensitive siting vis a vis the houses at Auchintoul Farm Cottages (in particular the proposed routing of vehicles accessing the development). Therefore the application is considered to be contrary to Policy 28 of the Highland wide Local Development Plan.
• In addition concerns were raised due to the significant traffic movements related to the development on the existing road network and the sufficiency of the mitigation measures proposed to address these impacts.

No other material considerations justified approval contrary to this assessment against the development.

Mr M Finlayson, moved as a second amendment that the application be deferred for a site visit.  There being no seconder the second amendment fell.

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

For the motion (4)

Mr B Fernie, Mrs A MacLean, Mrs I McCallum and Dr A Sinclair.

For the amendment (9)

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mr A Rhind and Ms M Smith.

The amendment therefore became the finding of the meeting and the Committee agreed to REFUSE the application for the reason stated above.

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: Kames Fish Farming Limited (15/02012/FUL) (PPA-270-2146)
Location: North West of Lower Milovaig, Loch Pooltiel, Skye 
Nature of Development: New marine fish farm for salmon and rainbow trout

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals had been allowed and planning permission granted subject to the 8 conditions listed at the end of the decision notice with attention also drawn to the 3 advisory notes at the end of the notice.

8.  Dates of Meetings in 2017
Cinn-latha Choinneamhan ann an 2017

The Committee NOTED the dates for 2017, as agreed at The Highland Council on 27 October 2016. 

There being no further business the meeting closed at 3.35 pm.