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 4 April 2017 at 10.30 am.

Committee Members Present:

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

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mr M Harvey, Planning Team Leader
Mrs E McArthur, Principal Planner
Mrs D Stott, Principal Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs A MacArthur, Administrative Assistant

Business

Mrs Isobel McCallum in the Chair

The Chair confirmed that the meeting would not be broadcast due to technical difficulties.    

1.  Apologies
Leisgeulan

Apologies were intimated on behalf of Ms G Coghill and Mr M Finlayson.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.2: Maxine Smith as a member of the Highland Housing Alliance and the Albyn Board (non-financial).  

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 21 February 2017 which were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/025/17 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.   

The Committee NOTED the current position with these applications.

5.  Planning Applications to be Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Mr Calum Nicholson (15/03542/PIP) (PLN/026/17)
Location: Land 140 m NW of Florafield, Kingsburgh, Snizort, Isle of Skye (Ward 11)
Nature of Development: Erection of a dwellinghouse, installation of a secondary treatment tank and improvements to the existing access track.
Recommendation: Grant.  

There had been circulated Report No PLN/026/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• the trunk road to Kingsburgh was narrow and any opportunity in relation to planning gain for additional laybys, as well as wear and tear on the road, should be looked into when the application comes back for detailed planning;
• clarity on the reason for the restrictive nature of condition 1 in respect of the design and external appearance; and
• the siting of the house away from the trees would maximise solar gain, was there a reason the planning officer had asked for the house site to be moved nearer the trees;

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

• road improvements were looked at for each application, laybys on this road had not been raised and had not been a critical issue as there was only one house;
• the roads department had focused on the private track as the impact on that track would be greater than the trunk road;
• condition 1 was restrictive as the neighbouring building was listed; and
• the house would be better sited closer to the land form, the current position was too prominent.

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

5.2 Applicant: Ark Estates (15/04749/FUL) (PLN/027/17)
Location: Land 80 m NE of Cameron Crescent, Munlochy (Ward 10)
Nature of Development: Erection of affordable houses (10 units) with associated infrastructure and services.
Recommendation: Grant.

Maxine Smith declared a non-financial interest as a member of the Highland Housing Alliance and the Albyn Housing Board and accordingly left the meeting during determination of this item. 

There had been circulated Report No PLN/027/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• clarification on the footpath links to the main road;
• can the green space associated with this development be protected;
• clarity on the traffic management plan for the junction;
• assurance that there would be appropriate drainage; and
• that there would be no reduction in parking to the existing development.

The Planning Officer responded to Members comments as follows:

• due to an issue with land ownership there was no direct footpath access available to the main road;
• the applicant was to contribute towards advance warning signs for the junction at Munlochy, issues on the condition of the road were beyond the remit of the developer;
• road safety measures would be covered in the road construction consent and public art condition with the entrance feature doubling as a traffic calming measure; and
• drainage would require to be delivered.

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

5.3 Applicant: The Scottish Salmon Company (16/03352/FUL) (PLN/028/17)
Location: Site 1525 m SE of 2 Torvaig, Portree, Loch Portree, Sound of Raasay  (Ward 11)
Nature of Development: New Atlantic salmon fish farm comprising 10 x 38 m diameter cages in one group (of 5 x 2) within an 80 m grid layout. 
Recommendation: Approve.

There had been circulated Report No PLN/028/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• clarification on the objection relating to the reduction of lobsters and porpoises, and on whether these were affected by fish farms;
• clarity on the Environmental Management Plan and on whether the company undertook their own monitoring or if it was undertaken independently;
• the reduction in lobsters was due in part to over fishing, there had been no objections to the existing fish farm; and
• the fish farm would not spoil the magnificent view.

The Planning Officer responded to Members comments as follows:

• there was no evidence that lobsters and porpoises were affected by fish farms; and
• the fish farm did their own accurate monitoring and reported to Marine Scotland, as it was very onerous it was only something that the fish farm itself could undertake.

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

5.4 Applicant: Telefonica UK Ltd (16/05402/FUL) (PLN/029/17)
Location: Land 60 m South of 6 Ord Industrial Estate, Muir of Ord (Ward 09)
Nature of Development: Installation of 15 m high telecommunications tower with associated equipment.
Recommendation: Grant.

There had been circulated Report No PLN/029/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ had been disappointed that the developer had not held any public meetings to discuss the siting of the tower, although it was appreciated that improved coverage was beneficial to the area.    

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

5.5 Applicant: Diageo Scotland Ltd (16/05498/FUL) (PLN/030/17)
Location: Talisker Distillery, Carbost, Isle of Skye, IV47 8SR (Ward 11)
Nature of Development: Construction of car park and associated works.
Recommendation:  Grant.

There had been circulated Report No PLN/030/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• there was a considerable amount of objections from residents, could the applicant be asked to resubmit their application with a reduced number of parking spaces;
• clarity on the other areas suggested by the community;
• this was the only green space in the village it would be detrimental to the area to cover the site in tarmac; and
• the junction to this car park was dangerous.

The Planning Officer responded to Members comments as follows:

• this site had been the most appropriate site and the number of parking spaces were in line with those required by the evolving company;
• several alternative areas had been suggested by the community but Talisker only owned this site; and
• the junction would be narrowed to reduce speeding traffic and thereby improve safety.

Mrs I McCallum, seconded by Mr D Millar, moved that the application be deferred for the following reason:

To allow further discussion with the applicant on the possibility of reducing the number of car parking spaces proposed and retention of more of the open space.

Ms A MacLean, seconded by Mr G Phillips, moved as an amendment that the recommendation be approved.   

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)

Mrs I Campbell, Mr D MacKay, Mrs I McCallum, Mr D Millar, Mrs M Paterson, Mr I Renwick and Dr A Sinclair.

For the amendment (6)

Mr B Fernie, Mr G Farlow, Mr C Fraser, Ms A MacLean, Mr G Phillips and Ms M Smith.

The motion became the finding of the meeting and the Committee agreed to DEFER the application for the reason stated above.

5.6 Applicant: Whyte and Mackay (17/00414/FUL) (PLN/031/17)
Location: Invergordon Distillery, Invergordon (Ward 07)
Nature of Development: Installation of anaerobic digester plant.
Recommendation: Grant.

There had been circulated Report No PLN/031/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

The Clerk advised that a petition had been received earlier today with 220 signatories and she read the petition to the Committee.  A letter and plan had been received with the petition and this was circulated to members who were afforded time to read the submission.

The Clerk further advised that the plan attached to the letter had been submitted in good faith, but as no opportunity had been available to check the credentials of the person who had produced the plan, the plan could only be taken at face value.

Members’ comments included the following:

• in relation to the Moray Firth Local Plan would a contribution be made to the future development of the Tomich junction;
• an informative requiring no Sunday working should be added;
• a Local Liaison Group should be set up to include representatives from the applicants, Community Councils, TEC Services, SEPA, Environmental Health and the Planning Authority to promote effective communication to be convened and chaired by the Council’s Ward 7 Manager, or an appointed representative to meet prior to, during and up to the completion of the development;
• although historically the distillery had not been a good neighbour this was not an issue for the Planning Committee;
• all the objections to the development had been addressed with only the visual impact remaining; and
• the plan submitted with the letter did not show the two large silos immediately to the right of the development, and although this was a big building it would be accommodated within the surrounding large buildings.

The Planning Officer responded to Members comments as follows:

• as this was an extension to an existing development, and the protocol for contributions to the Tomich junction had not yet been established, Transport Scotland and Transport Planning had not sought a contribution;
• a condition could be added in respect of the Local Liaison Group; and
• an informative on Sunday working could be added.

The Committee agreed to GRANT planning permission subject to the conditions in the report together with an additional condition to secure the requirement for a liaison group for oversight of the construction proposed by the application and to raise with applicant that there be no construction on a Sunday as part of the Traffic Management Plan.  Draft condition and informative proposed:

No development shall commence on site until the membership of a Local Liaison Group including representatives of Whyte and Mackay, Community Councils, TEC Services, SEPA, Environmental Health and the Planning Authority has been agreed in writing by the Planning Authority. For the avoidance of doubt the remit of the Local Liaison Group shall be to promote effective communication, to discuss and resolve local issues and it shall be convened and chaired by the Council's Ward Manager for Ward 7: Cromarty Firth or an appointed representative. For the avoidance of doubt, the Liaison Group shall meet for the first time prior to the commencement of any development on the site and shall thereafter meet every 3 months, or other such time period as may be agreed by the members of the group, for the duration of the construction period and until the completion of the development hereby approved.

Reason: To effectively control the impacts of this development in the interests of amenity.

Construction Hours and Noise-Generating Activities

You are advised that construction work associated with the approved development (including the loading/unloading of delivery vehicles, plant or other machinery), for which noise is audible at the boundary of the application site, should not normally take place outwith the hours of 08:00 and 19:00 Monday to Friday, 08:00 and 13:00 on Saturdays or at any time on a Sunday or Bank Holiday in Scotland, as prescribed in Schedule 1 of the Banking and Financial Dealings Act 1971 (as amended).

Work falling outwith these hours which gives rise to amenity concerns, or noise at any time which exceeds acceptable levels, may result in the service of a notice under Section 60 of the Control of Pollution Act 1974 (as amended). Breaching a Section 60 notice constitutes an offence and is likely to result in court action.

If you wish formal consent to work at specific times or on specific days, you may apply to the Council's Environmental Health Officer under Section 61 of the 1974 Act.  Any such application should be submitted after you have obtained your Building Warrant, if required, and will be considered on its merits.  Any decision taken will reflect the nature of the development, the site's location and the proximity of noise sensitive premises. Please contact env.health@highland.gov.uk for more information.

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

71 Applicant: Joyce Hendry (16/02334/S42) (PPA-270-2160)
Location: Land West of Eight Acres, Smithfield, Culbokie, Dingwall, IV7 8LA
Nature of Development: To develop land without full compliance with Condition 1 attached to planning permission 14/04026/S42 (originally 12/02270/FUL) for the formation of access and house plot and provision of footpath.

The Committee NOTED that the appeal to the Directorate of Planning and Environmental Appeals had been allowed and planning permission granted without complying with Condition 1 previously imposed, subject to the conditions listed at the end of the decision notice.  

There being no further business the meeting closed at 1.30 pm.