Agendas, reports and minutes

The Highland Council
South Planning Applications Committee

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 13 December 2016 at 10.30 am.

Committee Members Present:

Mr B Clark (excluding items 6.2, 6.3, and 6.7 – 8.0)
Mr J Crawford (excluding items 6.8 – 8.0)
Mr D Fallows (excluding item 6.7)
Mr J Gray
Mr M Green (excluding items 6.8 – 8.0)
Mr D Kerr (excluding items 3.0 – 6.1, 6.6 and 6.8 – 8.0)
Mr R Laird (excluding item 5.1)
Mr B Lobban
Mr T MacLennan
Mr F Parr
Mr T Prag
Mrs J Slater
Ms K Stephen (substitute)

Non-Committee Members Present:

Mr G Ross (items 3 – 6.5 only)
Mrs D Mackay (items 6.8 – 8.0 only)

Officials in attendance:

Ms N Drummond, Area Planning Manager South/Major Developments
Mr M MacLeod, Head of Planning and Environment
Mr D Mudie, Team Leader
Mr M Clough, Senior Engineer, Transport Planning
Mr K McCorquodale, Principal Planner
Mr K Gibson, Principal Planner
Mr S Hindson, Acting Principal Planner
Mr R Dowell, Planner
Mrs S Hadfield, Planner
Mr J Kelly, Planner
Ms S Blease, Principal Solicitor (Clerk)
Mr S Taylor, 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 Mr R Balfour, Mr A Baxter, Mrs M Davidson and Mr L Fraser.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 – Mr R Laird (financial)

Item 6.7 – Mr D Fallows (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 27 September 2016 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLS/055/16 by the Head of Planning and Environment which provided a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

The Committee NOTED the current position and AGREED that a site visit be arranged in relation to the new Inverness Justice Centre to take place prior to the Committee meeting on 28 February 2017.

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) (PLS/064/16)
Wards: 12 – Caol and Mallaig and 13 – Aird and Loch Ness
Applicant: Scottish Hydro Electric Transmission Plc (SHET)
Site Address:  Fort Augustus – Skye 132 kv overhead line

Declaration of interest – Mr R Laird, as a shareholder in Scottish and Southern Energy, declared a financial interest in this item and left the chamber for the duration of the item.

There had been circulated Report No PLS/064/16 by the Head of Planning and Environment 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 NOTED the submission of the PAN and highlighted no material planning considerations they wished brought to the applicant’s attention other than those identified in the report.

5.2
Description: Proposed Residential Development (16/04644/PAN) (PLS/065/16)
Ward: 20 – Inverness South
Applicant: Barratt North Scotland & Hazledene (Inverness) Ltd
Site Address: Land at Culduthel, Inverness

There had been circulated Report No PLS/065/16 by the Area Planning Manager – South/Major Developments 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 NOTED the submission of the PAN and highlighted the following material planning consideration they wished brought to the applicant’s attention:-

• the Education Service must be consulted on the application to identify any issues relating to school capacity,

together with the other material considerations identified in the report.

5.3
Description: Extension of time for extraction and proposed extension to an existing sand and gravel quarry of an area c.3.3ha to the south-west of the existing extraction area plus an area of c.0.5ha for weighbridge and office. (16/05100/PAN) (PLS/066/16)
Ward: 14 – Inverness West
Applicant: Tarmac Caledonian Ltd
Site Address: Dunain Mains Quarry, Inverness

There had been circulated Report No PLS/066/16 by the Area Planning Manager – South/Major Developments 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 NOTED the submission of the PAN and highlighted no material planning considerations they wished brought to the applicant’s attention other than those identified in the report.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.6
Applicant: The Highland Council (16/03894/ADV) (PLS/072/16)
Location: Land 95m NE of 1 Blar Mhor Industrial Estate, Lochyside, Fort William (Ward 12)
Nature of Development: Roundabout advertisement signage.
Recommendation: Grant

In accordance with Standing Order 18, the Committee AGREED that this item be taken at this point of the meeting.

There had been circulated Report No PLS/072/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the condition detailed in the report.

Ms N Drummond presented the report and recommendation.

In response to questions, it was confirmed that:-

• Although the income which the signage would generate for the Council was not a material planning consideration, the suggestion within paragraph 4.4 of the report that income from advertising on roundabouts could treble was in relation to cumulative roundabout advertising and not this specific application.
• The advertising signs would be for local businesses.
• A draft agreement had been drawn up between the Council and Transport Scotland recommending that sponsorship of advertising signs would not be accepted by companies and brands representing tobacco, arms and weapons, political parties, payday loans or any other subject which may be deemed unacceptable to either the Council or Transport Scotland.

During discussion, the following comments were made:-

• Concerns had been raised locally regarding signage on the roundabout and reassurance was sought that the condition recommended within the report would be adhered to by planning officers.
• In relation to the size of the proposed signage, it was highlighted that existing advertising signage on a number of roundabouts within the Highlands was very modest in size and that this was not considered a suitable reason to refuse the application on safety grounds.
• Whilst it was acknowledged that income was not a material consideration, the explanation provided within the report as to why the advertising signs had been proposed were welcomed
• The proximity of the local school should be considered when assessing the suitability of the proposed content of the advertising signage and the school should be consulted.

The Committee agreed to GRANT advertisement consent subject to the condition recommended in the report.

6.1
Applicant: Eastgate Unit Trust (16/04020/FUL) (PLS/067/16)
Location: Eastgate Shopping Centre, 11 Eastgate, Inverness (Ward 15)
Nature of Development: Alterations and extension to form rooftop restaurant/bar and provision of ground floor kiosks.
Recommendation: Grant

There had been circulated Report No PLS/067/16 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.  He advised of a correction to Condition 4 in the report in relation to “Class 3 use of the units” and that this should instead read “roof top restaurant and bar”.

During discussion, the following comments were made:-

• Whilst welcoming the proposed development, surprise was expressed that Inverness BID had not commented on the application in view of the potential impact the proposed development could have on businesses within the city centre.
• The proposed glazed rooftop development could help improve the atmosphere around Falcon Square, particularly when illuminated in the evenings.
• The opportunity to seek developer contribution towards improvements to pedestrian crossings in the city centre was highlighted as the proposed development could attract more customers from the south side of Academy Street.

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

6.2
Applicant: Tulloch Homes Ltd (16/03468/S42) (PLS/068/16)
Location: Wester Inshes Phase 3, Inshes, Inverness (Ward 20)
Nature of Development: Variation of condition 1 of planning permission 07/00494/FULIN to enable amended site layout for construction of 107 units.
Recommendation: Grant

There had been circulated Report No PLS/068/16 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:-

• Concerns raised by members regarding the quality of images and the equipment used to present them during the meeting would be addressed.
• In recognition of the need for improved footpath connectivity between the southern end of the application site and Stevenson Road, Condition 3 in the report required submission by the applicant of further details of additional footpath connections for agreement prior to commencement of development.
• The footpaths described as “rustic” footpaths on the plan would be unadopted and would be constructed from type 1 road material similar to that used on footpaths around existing play facilities at Wester Inshes.
• Due to the sloping typography of the site, wheelchair access along the footpaths would not be as good as it would be on a flat site.

During discussion, members generally welcomed the proposed amendments to the original application and the requirements for improvements to footpath connections.

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

6.3
Applicant: Pat Munro (Alness) Ltd (16/02443/FUL) (PLS/069/16)
Location: 35 Lotland Street, Inverness IV1 1ST (Ward 17)
Nature of Development: Siting and operation of mobile concrete batcher.
Recommendation: Grant

There had been circulated Report No PLS/069/16 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 questions, it was confirmed that:-

• Taking into account the height of the storage bays (1.8 metres) and stockpiles not exceeding this by more than 0.5 metres, the maximum height of stockpiles would be 2.3 metres in height.
• Provision had been made within the base of the hopper for storage of overflow in the event of aggregate delivery continuing to take place following the cancellation of an order.
• Following a full noise assessment by specialist consultants employed by the applicant and further consultation with Environmental Health, noise acoustic barriers would be installed to eliminate any unacceptable levels of noise.
• To help minimise dust emissions, it was proposed that sealed shoots would be used to transfer cement and that this could be done in compliance with the Health and Safety Executive (HSE) and Scottish Environment Protection Agency (SEPA) regulations.

During discussion, the following comments were made:-

• Concern was expressed that the height of the proposed fence would not mitigate dust and noise emissions as the cement mixer would be set higher up on the ground to enable loading of trucks underneath it.
• Concern was also expressed that vehicle numbers to the site could increase in the event that the applicant decided to use the site for pre-casting and that such use should be subject to a separate planning application.
• Reassurance had been provided that health and safety regulations would be adhered to and that dust emissions would not impact on neighbouring buildings.
• Any issues in relation to unacceptable noise levels would be identified immediately by users of the offices adjacent to the site and thereafter investigated by Environmental Health.

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

6.4
Applicant: Mr Elliot Moir (16/01948/FUL) (PLS/070/16)
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/070/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr D Mudie presented the report and recommendation.

In response to questions, it was confirmed that:-

• Clarity was provided on the location of the site and the use of the surrounding residential buildings.
• The access road was unadopted but the surface of the road was in a suitable condition and the road did not require any further upgrading to accommodate this development.

During discussion, the following comments were made:-

• Issues surrounding the access were not of immediate concern and the proposed development would be an improvement on the current buildings.
• SEPA’s objection on the ground that the proposed development would not be connected to the public sewer was noted, but connection to the public sewer economically unreasonable given that an alternative acceptable solution was proposed.

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

6.5
Applicant: Caledonian Highview Ltd (16/03534/FUL) (PLS/071/16)
Location: Torvean Caravan Park, Glenurquhart Road, Inverness, IV3 8JL (Ward 14)
Nature of Development: Erection of 48 residential units (flatted) and 400sqm convenience retail (Class 1).
Recommendation: Grant

There had been circulated Report No PLS/071/16 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.  She advised that in addition to the matters to be secured by a section 75 obligation which were recommended in the report, the section 75 obligation should also secure any bus stop provision which may be identified as required.

In response to questions, it was confirmed that:-

• The conclusion of a section 75 was required prior to the commencement of development and developer contributions towards the provision of public art could be delivered through this.
• Developer contributions and the requirement for an education contribution for both primary and secondary schools were based on cost per unit, as set out in the Torvean and Ness-side Development Brief and were required only in respect of residential development.
• Transport Planning had been satisfied that the internal layout of the site met current standards and that visibility from Glenurquhart Road had significantly improved following work recently undertaken in relation to the Inverness West Link.
• A bat survey would be required to ensure that the appropriate steps had been taken to mitigate disturbance prior to any demolition of buildings.
• The proposed building blocks would be set back from the tree protection areas and there would a requirement for tree management.

During discussion, the following comments were made:-

• The proposed development was out of character with the semi-rural surrounding and landscape as there were currently no housing developments over three storeys high within the nearby area and the proposed development would spoil the gateway into Inverness.
• The proposed buildings would partially obscure the view of Tomnahurich Hill on the approach from the A82 and have a negative impact on the Caledonian Canal towpath which was an extremely busy area with tourists and locals and was a cherished local amenity.
• The proposed design was of low-standard and could set a precedent for any future developments along the Canal.
• The lack of provision for articulated lorries, delivering to the proposed retail units, to park or turn could result in inappropriate parking on the A82.
• The proposed retail units could increase the volume of traffic crossing the carriageway to access these facilities.
• Potential buyers could find it difficult to obtain a mortgage for a property located above a retail unit.
• The importance of the site given its location on the tourist route into Inverness was emphasised.
• Whilst acknowledging concerns regarding the height of the proposed buildings given the location of the site, the revised application represented a considerable improvement from the previous planning application for the site which the Committee had been minded to grant.
• The provision of a stone wall did not fully represent a public art contribution and it was requested that the public art to be provided be drawn from the features of the surrounding buildings and landscape.
• Reassurance was sought that bats would be protected during any tree felling.
• Major improvements to the surrounding road network had been made during the construction of the Inverness West Link.
• Disappointment was expressed that the design of the affordable housing had not been integrated with the design features of the other proposed buildings.
• Concern was expressed regarding the design of the south facing side of Block F1 and it was requested that proposals for enhancement of this should be sought and agreed, in consultation with local members, prior to commencement of development given its prominent visibility from the A82.
• With reference to Policies 28 and 29 of the Highland-wide Local Development Plan, disappointment was expressed at the proposed design of the buildings which would be an unwelcoming entrance for visitors travelling into Inverness.
• The proposed development would not be the main focal point on the entrance to Inverness from the A82 and the surrounding trees and hotel would largely mask the site.
• In relation to deliveries to the two retail units, it was requested that noise mitigation measures be included within the planning permission to avoid noise nuisance within the flats above them.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and:-

• the prior conclusion of a section 75 obligation to secure the matters listed at paragraph 8.6 of the report and to secure any bus stop provision which may be identified as required.
• additional conditions to provide that:-
  • the second elevation shown for Block F1 in drawing No P-F1-201 is not approved and a revised elevation will require to be submitted to and approved in writing by the planning authority prior to commencement of any development.
  • deliveries to the two retail units will be restricted to between certain hours (to be determined by the case officer) to avoid noise nuisance at the flats above them.

6.7
Applicant: Ark Estates (16/03297/FUL) (PLS/073/16)
Location: Land Adjacent to Raining’s Stairs, Hill Place, Inverness (Ward 15)
Nature of Development: Erect 16 residential flats and 1 commercial unit (as amended).
Recommendation: Grant

Declaration of interest – Mr D Fallows, as a Director of Highland Housing Alliance, declared a non-financial interest in this item and left the chamber for the duration of the item.

There had been circulated Report No PLS/073/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr K Gibson presented the report and recommendation.

In response to questions, it was confirmed that:-

• Considerable changes had been made to the proposed design of the buildings from what had previously been submitted and subsequently refused.  These had taken into account comments from the Inverness Design Review Panel.
• Comments from the Conservation Officer regarding the design of the buildings were in relation to the proposals contained within the application.
• As far as possible, public access would be retained on the Raining’s Stairs from the top of Connell Court to the bottom at Castle Street during construction.
• The installation of railings was proposed to prevent any unauthorised entrance into the curtilage of the flats and would be of a height so as to prevent scaling.
• Whilst the buildings themselves contained secure entry, other security measures to protect the amenity of flat owners, such as gates with secure access, had not been proposed.
• Condition 15 within the report encompassed matters regarding developer contributions, including any sums deemed necessary for upgrade of the Raining’s Stairs and also parking provision.
•  An informative note could be included within the planning consent to emphasise to the applicant the need to advise tenants regarding the lack of on-site parking or parking permits for the proposed development.
• The construction method statement to be submitted by the applicant would contain information on the proposed construction compound at the top of the development at Connell Court.
• The proposed method of construction included the installation of pre-fabricated panels.
• The colour and rendering of the cladding had been proposed to compliment the surrounding grey slates and was of a contemporary design.
• In response to a number of issues raised by local members during preliminary discussion, including concerns about parking, lighting and landscaping, it was suggested that, in the case of any of the conditions recommended which required submission of proposals for prior approval before discharge, planning officers give an undertaking to consult with local members prior to discharge of these conditions.

During discussion, the following comments were made:-

• Due to issues locally with residential parking in the city centre, the recommendation not to issue parking permits to new residents within the development was welcomed.
• Concern was expressed regarding liaison between planning officers and local members during construction and it was requested that planning officers consult with local members.
• The application was a positive contemporary design on what was a difficult site to develop.
• The integration of the affordable housing block with the other two proposed blocks of flats was highlighted.
• In highlighting the finish of the metal cladding, the importance of appropriate colour was emphasised and it was suggested that further use of colour externally should be considered.
• Incorporation of interpretive lighting at both entrances to the Raining’s Stairs under the developer’s contribution towards public art was emphasised.
• Clarity was sought, and received, that submission and prior approval of details of security arrangements for the site during construction, to prevent any unauthorised entry, could be included within the recommendation.
• The application had incorporated examples of innovative design to overcome the constraints identified within the site for construction.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and:-

• prior conclusion of a s75 obligation or other appropriate legal mechanism to secure the matters listed at paragraph 8.6.1 of the report.
• an additional condition to provide that:-
  • security arrangements for the site during construction to ensure no unauthorised entry shall require to be submitted to and approved by the planning authority in writing prior to commencement of any development.

6.8
Applicant: Mr Kevin Thain (15/04735/FUL) (PLS/074/16)
Location: Land 10 m West of Caledon, West Terrace, Kingussie (Ward 21)
Nature of Development: Erection of house.
Recommendation: Grant

There had been circulated Report No PLS/074/16 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr R Dowell presented the report and recommendation.

During discussion, the following comments were made:-

• Whilst concerns regarding drainage, floodwater and road access were acknowledged, these could be addressed under the conditions recommended within the report.
• The proposed development could improve the long standing issue of drainage in the area as Scottish Water had agreed to upgrade the sewer.
• Some of the proposed works could address problems currently experienced regarding surface water run-off.
• Architecturally, the building was interesting and was a good design which could blend in well with the surrounding area.

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: Nanlach Limited (PPA-270-2150) (15/03286/FUL)
Location: Tom Nan Clach Wind Farm, Glenferness
Nature of Appeal: Erection of 13 wind turbines and associated infrastructure.

The Committee NOTED the decision to uphold the appeal and grant planning permission, subject to the 23 conditions listed at the end of the decision notice.  Attention was drawn to the four advisory notes at the end of the notice.

7.2
Applicant: Tulloch Homes Ltd (PPA-270-2153) (15/04169/FUL)
Location: Land 265 metres North East of Parks Farm, Parks of Inshes, Old Edinburgh Road South, Inverness
Nature of Appeal: Re-mix of Phase 1 to form 63 private dwelling and 39 affordable units consisting of flats and villas with associated works.

The Committee NOTED the decision of the Reporter that she was minded to allow the appeal and grant planning permission subject to the conditions listed in the Notice of Intention and following the signing and registering or recording of: a variation to the existing planning obligation under section 75A; or a new planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997; or some suitable alternative arrangement, covering the matters listed in paragraphs 17 to 19 of the Notice of Intention.

7.3
Applicant: Mr C O’Keefe (PPA-270-2159) (15/02566/FUL)
Location: Land 40 metres East of Pierhead, Onich, PH33 6SD
Nature of Appeal: Erection of a Dwelling House.

The Committee NOTED:-

1. The decision to uphold the appeal and grant planning permission, subject to the 7 conditions listed at the end of the decision notice.  Attention was drawn to the three advisory notes at the end of the notice; and
2. The appellant’s claim for expenses had been declined.

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

The Committee NOTED the following meeting dates for 2017:-

17 January
28 February
11 April
20 June
8 August
19 September
24 October
12 December

The meeting ended at 1.30 pm.