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 10 January 2017 at 10.30 am.

Committee Members Present:

Mr D Bremner, Mrs I Campbell, Mrs G Coghill (excluding item 5.5), Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay (excluding items 5.4 – 6.1), Mrs A MacLean, Mrs I McCallum, Mr D Millar, Mrs M Paterson, Mr G Phillips (excluding items 5.5 and 5.6), Mr I Renwick, Mr A Rhind (excluding items 5.2 – 6.1) and Dr A Sinclair. 

Other Members Present:

Matthew Reiss

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Ms D Gogou, Transport Planning Technician
Mr S Hindson, Acting Principal Planner
Ms S Hadfield, Planner
Ms L Stewart, Planner
Ms G Webster, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Ms 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 of Ms M Smith.

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 29 November 2016 which were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/001/17 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.   

Members’ comments included the following:

• concern in relation to the A9 junction improvements at the Greenside development; and
• clarity on the progress for the housing development at Evanton;

The Planning Officer responded to Members comments as follows:

• there was no further information on the housing development at Evanton, information would be provided as and when this was brought forward by the applicant.

The Committee NOTED the Report.

5.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Mr R Macdonald (13/02314/FUL) (PLN/002/17)
Location: Adjacent to Sun Dorne, Jamestown (Ward 06)
Nature of Development: Formation of four serviced house plots
Recommendation: Grant.

There had been circulated Report No PLN/002/17 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.  The Planning Officer circulated amended planning conditions for conditions 1 and 7 contained in the report. 

Members’ comments included the following:

• details on who would be responsible for the large landscaped areas;  
• the delineated tree protection area encroached into plot 3, clarity on whether there was sufficient area left for development of this plot; and
• clarity on the Section 75 agreement.

The Planning Officer responded to Members comments as follows:

• condition 7 had been redrafted to specify the maintenance of the landscaped area, cut off drains that fall outside the individual plot boundaries and future maintenance; and
• the section 75 agreement was to secure affordable housing, how and where the affordable housing would be delivered could vary.

The Committee agreed to GRANT the application subject to the conditions detailed in the report, the prior conclusion of a section 75 agreement securing affordable housing and subject to amendment of conditions 1 and 7 as follows:

Amended conditions:

1.  No development shall commence until full details of the road improvements at the junction of the A834 with the eastern Jamestown Access Road (U3066) shown on drawing 2358:103 approved under application 12/02388/FUL (or another such scheme which has been submitted to and approved in writing by the Planning Authority) together with the additional widening of the U3066 to the proposed site access, provision of a rural bus layby on the A834 and provision of a footway from the proposed site access to the bus layby, as shown on drawing PL007 Rev O submitted with the planning application have been submitted to and agreed in writing by the Planning Authority in consultation with the Roads Authority. For avoidance of doubt these works shall include provision of the visibility splay of 4.5m x 120m at the junction of the U3066 with the A834, appropriate road drainage and the relocation of all the equipment and street furniture affected by the road junction improvement. The detailed proposals shall comply with the Council’s Roads and Transport Guidelines for New Developments. Thereafter the junction improvements and the provision of the footway and the bus layby shall be formed in full accordance with these details and be available for use before any other works commence.

Reason: In the interests of road safety.

7.  No development shall commence until the ownership/future   maintenance arrangements for the cut off drains and landscaping that fall outside of the individual plot boundaries have been submitted to and approved in writing by the Planning Authority in consultation with the Flood Risk Management Team. Thereafter, development and maintenance in perpetuity shall be carried out wholly in accordance with these details.

Reason: To ensure the maintenance and proper functioning of the drainage system and the landscaped areas, in the interests of public health and environmental protection, and in the interests of visual and residential amenity.

5.2 Applicant: Scottish Hydro Electric Transmission Plc (15/04103/S37) (PLN/003/17)
Location: Land 500 m of Philips Mains, Mey (Ward 04)
Nature of Development: Erect a new 132 kV AC overhead, double circuit, steel lattice tower, transmission line between the proposed Sealing End Tower at Weydale and the proposed Sealing End Tower at Reaster, Caithness
Recommendation: Raise no objection.

There had been circulated Report No PLN/003/17 by the Area Planning Manager recommending that the Committee raise no objection to the application subject to the conditions detailed therein.  Supplementary higher quality colour visualisations were made available for Members. 

Members’ comments included the following:

• pleased to see that the Council had recommended underground cabling but noted that SEPA had objected to some of the underground cabling;
• as the Council moved to paperless agendas a request for a 360º view of the area to allow Members to see what was behind the camera as well as what was in front of the camera;
• the nearest property was 100 m away, clarity on whether this was the distance to the actual house or to the property boundary;
• the pylons would have a significant impact on Caithness, the majority of the pylons would be on high ground and visible over a considerable area;
• the Castle of Mey hadn’t been taken into consideration and pylons would be very visible in the surrounding area; and
• this was a vast area and only a small strip would be required to underground cables.

The Planning Officer responded to Members comments as follows:

• SEPA had initially objected to the development but had later removed their objection after agreement to remove some of the underground cabling, with strong conditions on the remaining underground cabling, their issue had been in relation to soil conditions, peat management, drainage and ground water dependent eco systems;
• planning would take on board the request for a 360º view of the area in future applications;
• when placing pylons, the developer worked to maintain a 100 m distance from the nearest house, in this case the property boundary was 89 m from the pylon; and
• the Council had requested from the outset that as much underground cabling should be utilised as was as possible.

Mrs Gillian Coghill, seconded by Mrs Margaret Paterson, moved that the Council raise an objection to the development for the following reason:

Whilst supportive of the principle of the development, it was considered that the development would have a significant adverse visual impact when viewed from viewpoint 7 and from Durran Mains westward.  The Committee was of the view that this section of the overhead line should be undergrounded.

The Committee agreed to RAISE AN OBJECTION for the reason stated above.

5.3 Applicant: Mr and Mrs Stuart (16/03852/FUL) (PLN/004/17)
Location: 21 Urquhart Road, Dingwall (Ward 09)
Nature of Development: Erection of house with self-contained unit
Recommendation: Grant.

There had been circulated Report No PLN/004/17 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein.   The Planning Manager circulated a list of objectors to the development and stated that their views had been reflected in the report. 

Members’ comments included the following:

• this area had been designated as amenity area, and as was the case with many amenity areas, the residents were likely to be unaware of who was responsible for the area;
• this development was for a house with a self-contained residential unit, could these become two separate houses;
• an outline of the history of the amenity area;
• a test of whether this land was vital amenity land would be the condition of the area, the area was not maintained and was not in good condition;
• this had been designated amenity land and neighbouring residents had purchased their houses with this in mind, the original planning application should not be altered to allow this amenity land to be re-designated; and
• clarity on why this area had not been included in the Highland-wide Local Development Plan.

The Planning Officer responded to Members comments as follows:

• the development was for the erection of  a house with a self-contained unit and Members had to consider the application as it had been described;
• the original application for this housing development had been made in 2005 and the application was therefore not available on e-planning, the minute from the meeting had been archived and was available;
• the amenity area was owned by the applicant’s family who had developed the estate, and although designated as an amenity area was not used as such; 
• there was an access path to the left of the plot which led to Craig woods and this would remain;
• there was no significant demand for this amenity area as the houses in this estate all had large gardens and there was a very accessible and well equipped play park area in the neighbouring housing estate at Balnabean Drive, a short distance from this area;
• the purpose of this application was to test the ground for altering the amenity area, Members could either approve or refuse; and
• the IMFLDP had excluded this site as it was very small and through all the consultations no-one in the area had asked for it to be added.

Mrs Isobel McCallum, seconded by Mr G Phillips, moved that the application be approved.

Mrs Margaret Paterson, seconded by Mr Bill Fernie, moved as an amendment, that the application be refused for the following reason:

The development of this amenity area, which currently provides an open entrance to Craig Woods for residents, would detract from the established amenity and character of the residential area and is considered to have a significant detrimental impact on the individual and community residential amenity, contrary to policy 28 of the Highland- wide Local Development Plan.

On a vote being taken, 10 votes were cast in favour of the motion and 5 in favour of the amendment, as follows:

For the motion (10)

Mrs G Coghill, Mrs B Campbell, Mr G Farlow, Mr C Fraser, Mrs A MacLean, Mrs I McCallum, Mr D Millar, Mr G Phillips, Mr I Renwick and Dr A Sinclair.

For the amendment (5)

Mr D Bremner, Mr B Fernie, Mr M Finlayson, Mr D MacKay and Mrs M Paterson.

The motion therefore became the finding of the meeting and the Committee GRANTED the application subject to the conditions detailed in the report.

5.4 Applicant: Mr Oliver Clokie (16/04549/FUL) (PLN/005/17)
Location: Pitkerrie Farm Cottages, Fearn, Tain (Ward 08)
Nature of Development: Refurbishment of farm cottages to form 3 residential units 
Recommendation: Approve.

There had been circulated Report No PLN/005/17 by the Area Planning Manager recommending grant of the application subject to the conditions detailed therein. 

Members’ comments included the following:

• the houses had been reduced in number from 4 to 3 which would reduce traffic movement; and
• clarity on when these properties had last been occupied.

The Planning Officer responded to Members comments as follows:

• the properties had last been occupied as houses approximately 10 years ago but had since then been occupied as a commercial premises for the manufacture and storage of products.  

The Committee APPROVED the application subject to the conditions detailed in the report.

5.5 Applicant: Infinergy Ltd (16/02752/S36) (PLN/006/17)
Location: Limekilns Estate, Reay, Caithness (Ward 01)
Nature of Development: Erection of 24 wind turbines (Limekiln Wind Farm)
Recommendation: Condition Raise No Objection.

There had been circulated Report No PLN/006/17 by the Area Planning Manager recommending the Committee Raise No Objection to the application subject to the conditions detailed therein. 

The Area Planning Manager stated that he had recently been informed that Scottish Natural Heritage had briefed the local Members on this area being designated as a World Heritage Site, the site was currently on the tentative list as an application had been submitted in 2012.  With this in mind the Planning Officer asked that the application be deferred to allow the Case Officer to take this into consideration in his report. 

The Committee agreed to DEFER this application to the next meeting of the Committee on 21 February 2017 in order to seek:

1. clarification on the status of the Tentative List World Heritage Site;
2. clarification of the timescales related to designation of a world heritage site based upon Scottish Natural Heritage’s understanding of the current position of the Tentative List World Heritage Site in the process;
3. clarification from Scottish Natural Heritage on the impact this development would likely have on the Tentative List World Heritage Site;
4. clarification from the applicant on the impact this development would likely have on the Tentative List World Heritage Site and also their interpretation of this matter as it relates to planning policy.

The above clarifications are to be sought via the Scottish Government’s Energy Consents and Deployment Unit.

5.6 Applicant: Dounreay TRI Limited (16/04775/S36) (PLN/007/17)
Location:  Development site 6 km NW of Dounreay Nuclear Research Establishment, Dounreay (Ward )
Nature of Development: Construction of two offshore wind turbines on a single floating platform, each with an installed capacity of up to 6 MW (max rotor tip of  201 m and max hub height of 124 m above the lowest astronomical tide), installation of export cable and deemed planning permission for erection of onshore electricity substation.  
Recommendation: Raise No Objection.

There had been circulated Report No PLN/007/17 by the Area Planning Manager recommending the Committee Raise no Objection to the application subject to the conditions detailed therein. 

As this had been circulated as a very late item and the Members had had little time to consider the report, a request was made that the application be deferred to the next meeting of the Committee. 

The Committee agreed to DEFER the application until the next meeting of the Committee on 21 February 2017 to allow members sufficient time to consider the Report (it having been circulated after the agenda).

6.  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

6.1 Applicant: Ms Augusta Hutt (16/00621/PIP) (PPA-270-2157)
Location: Land 150 metres West of Castlehill Croft and approximately 250 m East of Grianan, Ramscraigs, Dunbeath, KW6 6EY 
Nature of Development: Construction of house, installation of septic tank and soakaway and upgrade of existing vehicular access 

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals has been dismissed and the planning permission in principle refused.  

There being no further business the meeting closed at 1.45 pm.