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 13 June 2017 at 10.30 am.

Committee Members Present:

Mrs I Campbell (excluding items 7.1 – 8.4), Ms K Currie, Mr M Finlayson (excluding items 7.2 – 8.4), Mr C Fraser, Mr R Gale, Mr J Gordon (excluding items 8.1 – 8.4), Mr D MacKay, Mrs A MacLean, Mr Calum MacLeod, Mr Derek MacLeod (excluding items 7.6 – 8.4), Mrs M Paterson (excluding item 7.2), Mr Karl Rosie (by video conference and excluding items 6.1 – 8.4), Mr Andrew Sinclair and Ms M Smith. 

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mr M Harvey, Planning Team Leader
Mr B Robertson, Principal Planner
Mrs R Hindson, Planner
Mr G Sharp, Planner
Mrs G Webster, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs A MacArthur, Administrative Assistant

Business

Due to technical difficulties the meeting started at 10.50 am.

The Clerk 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. 

1A.  Appointment of Chair
Suidheachadh de Chathraiche

Mrs M Smith was nominated by Mr C Fraser and this was seconded by Mrs A MacLean.

Mr D MacKay was nominated by Mrs I Campbell and this was seconded by Mr A Sinclair.

In a vote between the two candidates, Mrs Smith received 7 votes and Mr MacKay received 7 votes. 

Mr MacKay relinquished the Chair in favour of Ms M Smith in order to avoid the “cutting of the cards”.

The Committee thereafter AGREED to appoint Mrs M Smith as Chair, the votes having been cast as follows:

Votes for Mrs Smith:

Ms K Currie, Mr C Fraser, Mr R Gale, Mrs A MacLean, Mr C MacLeod, Mr K Rosie and Ms M Smith.

Votes for Mr MacKay:

Mrs I Campbell, Mr M Finlayson, Mr J Gordon, Mr D MacKay, Mr D MacLeod, Mrs M Paterson and Mr A Sinclair.

Ms M Smith then took the Chair for the remainder of the meeting.

1B.  Appointment of Vice Chair
Cur Iar-Chathraiche an Dreuchd

Mrs A MacLean was nominated by Ms M Smith and this was seconded by Mr C Fraser.

Mr D MacKay was nominated by Mrs I Campbell and this was seconded by Mr D MacLeod.

In a vote between the two candidates, Mrs A MacLean received 7 votes and Mr D MacKay received 7 votes.  As there was an equality of votes the cards were cut and Mr D MacKay won the cut.

The Committee thereafter AGREED to appoint Mr D MacKay as Vice Chair, the votes having been cast as follows:

Votes for Mrs A MacLean:

Ms K Currie, Mr C Fraser, Mr R Gale, Mrs A MacLean, Mr C MacLeod, Mr K Rosie and Ms M Smith.

Votes for Mr D MacKay:

Mrs I Campbell, Mr M Finlayson, Mr J Gordon, Mr D MacKay, Mr D MacLeod, Mrs M Paterson and Mr A Sinclair.

1C.  Apologies
Leisgeulan

Apologies for absence were intimated on behalf of Mr R Bremner and Mr J Stone.

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 4 April 2017 which were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/032/17 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 Planning Officer responded to Members comments as follows:

• Members would be notified of the dates for the work to the A9 junction in relation to the Greenside development at Rosemarkie; and
• the Report references to ward numbers would be revised to reflect the recent boundary changes to wards.

The Committee NOTED the current position with these applications.

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

5.1  Description: Residential development of 70-80 houses, improvements to access road and woodland recreation area (17/02262/PAN)(PLN/033/17)
Ward:  6
Applicant: Deveron Homes Ltd
Site Address:  Land 190 m East of House of Rosskeen, Invergordon  

There had been circulated Report No PLN/033/17 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. 

Members’ comments included the following:

• clarification on the houses that had been allocated in the Development Plan for the garden grounds;
• request that the Tomich Junction contribution be specifically referred to in the conditions as this application would impact the junction;
• the application should minimise the impact on the nearby nursing home (Castle Gardens) and the cottages at Castle Wood; and
• had the Polish war memorial been taken into account;

The Planning Officer responded to Members comments as follows:

• the Development Plan allocation was for 30 – 40 houses in the garden grounds; and
• the Polish war memorial had been taken into consideration and the road would be widened behind the memorial site.

The Committee AGREED that the following comments be brought to the applicant’s attention:

• that that the development should contribute towards Tomich junction improvements; and
• that the applicant should seek to minimise the impact on the nearby nursing home (Castle Gardens) and the cottages at Castle Wood.

5.2  Description: Decommissioning and remediation of the Dounreay site to achieve an Interim End State (IES).  The development comprises of construction of temporary buildings, demolitions, site remediation and landscaping where necessary (17/02428/PAN) (PLN/034/17)
Ward:  2
Applicant: Dounreay Site Restoration Ltd (DSRL)
Site Address:  DSRL, Dounreay Nuclear Research Establishment, Dounreay, Thurso    

There had been circulated Report No PLN/009/17 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 Committee AGREED that there were no further material considerations to be brought to the applicant’s attention. 

The meeting adjourned at this point due to technical difficulties and the video conference ceased as the Member would not be able to view the powerpoint presentation.  The meeting reconvened at 11.25 am.

6.  Continued Items
Cuspairean a' Leantainn

As there were a considerable number of new Members of the Committee both continued items were re-presented. 

6.1 Applicant: Diageo Scotland Ltd (16/05498/FUL) (PLN/035/17)
Location: Talisker Distillery, Carbost, Isle of Skye, IV47 8SR (Ward 10)
Nature of Development: Construction of car park and associated works.
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• would this development raise any issues with the Carbost pier;
• the applicant was a large employer in the area, with the Distillery attracting many visitors, it was therefore important that the applicant continue to work with the community;
• was the demand for the car park perceived or had there been evidence that the car park extension was required; and
• the new car park was neat and practical and a workable solution to the existing parking problems. 

The Planning Officer responded to Members comments as follows:

• the development would have no impact on the Carbost pier or the access and operation of the pier; and
• there had been localised problems with parking in recent times and the extension to the car park would alleviate parking issues in the area.

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

6.2 Applicant: BT Openreach (16/05067/FUL) (PLN/036/17) (PLN/024/17)
Location: Land 18 m North of Raasay Community Hall, Isle of Raasay (Ward 10)
Nature of Development: Proposed 16 m radio monopole with 2 x 0.6 m dishes and equipment cabinet.
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• were there any alternative sites suggested by the Community Council and had these been explored; 
• concern in relation to lightning strikes and the proximity of the mast to the houses;
• a balance had to be arrived between improved connectivity and the appropriate siting of the mast; and
• clarity was sought on any health risks associated with this kind of mast.

The Planning Officer responded to Members comments as follows:

• there was only one other possible site but it would have a greater visual impact for residents, this site was the only other site that gave the required “line of sight”, the Community Council had not suggested any other sites;
• the mast would have the required safety precautions including a surge protector and would earth during lightning strikes; and
• it was not for the planning authority to consider health issues, the planning authority could only determine applications on their planning merit.

The Committee agreed to GRANT planning permission subject to the conditions set out in the original planning report (PLN/024/17).

7.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1 Applicant:  Mr Malcolm Younger (16/01528/FUL) (PLN/037/17)
Location: Housing site to North of Free Church Manse, Teangue, Isle of Skye (Ward 10)
Nature of Development: New build dwelling house with garage and associated services.
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.  An additional email had been received from an objector and Members agreed that this should be circulated.  Members were given time to read the email.

Members’ comments included the following:

• clarity on whether Scottish Water could connect this house site to the water supply and on any drainage issues;
• clarity on whether this was a designated dark sky area;  and
• this was a crofting community, clarity sought on whether the application site was crofting land.

The Planning Officer responded to Members comments as follows:

• Scottish Water had been contacted on two occasions but no response had been received, as far as the Planning Service is aware this development could connect to the water supply;
• the agent had supplied a drainage assessment stating that the area was not suitable for a soakaway and would require a mini sewage treatment plant which would have to meet the Building Control standards;
• this development would be among other houses, there are outside lights and external security lights, this was not a designated dark sky area; and
• if the land was crofting land the applicant would be responsible for having the land de-crofted, this land was in the settlement area designated in the local Development Plan;

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

The meeting adjourned at this point for lunch. 

7.2 Applicant: A J Reid Ltd (16/04693/FUL) (PLN/038/17)
Location: Corntown Steading, Conon Bridge (Ward 9)
Nature of Development: Change of use of steading and siting of containers for self-storage (Class 6).
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• clarity on whether the steadings were listed buildings;
• Ferintosh Community Council had noted traffic management concerns in relation to the junction, could their concerns be mitigated;
• there had been a long campaign in the community over concerns with the junction of the A835 with the B9163 especially with children crossing this road to the school; and
• this building had been derelict for a number of years and storage facilities were required in the area. 

The Planning Officer responded to Members comments as follows:

• the steadings were not listed buildings; and
• Transport Scotland had been consulted and they had no concerns and planning had to be guided by their response as the road was their responsibility.

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

7.3 Applicant: George Douglas and Co (16/02150/FUL) (PLN/039/17)
Location: Upper Bighouse, Forsinard (Ward 1)
Nature of Development: Change of use of barn from agricultural to Class 4 and installation of biomass system including external flue (as amended)
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.   The Planning Officer stated that an amendment to Condition 1 should be made to agree a wear and tear agreement as part of the Traffic Management Plan.

Members’ comments included the following:

• could clarity be given on the requirement for this facility;  and
• clarity on the increase in traffic with the delivery of timber.

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

• this had been queried and the plant was for the supply of heating and hot water to a number of cottages and for the operation of the farm, the plant would also produce wood pellets for sale;
• the timber would be sourced locally and the traffic movement would be controlled by the agreed Traffic Management Plan and Road Condition Survey prior to development; and
• there would be no significant increase in traffic.

The Committee agreed to GRANT planning permission subject to the conditions in the report and subject to the amendment of condition 1.

7.4 Applicant: Mr John Pile (17/00281/FUL) (PLN/040/17)
Location: Rosebank Guest House, Portree, IV51 9QX (Ward 10)
Nature of Development: Extension and alterations to house.
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• concerns over parking in this already very difficult area;
• clarity on whether this road was one of the safer routes to schools road;
• was there a guarantee that this road would be upgraded before the works commenced as it was in very poor condition;
• clarity on the requirements and procedure for the Council adoption of a road;
• it was widely accepted that more tourist accommodation was required in Skye, the only concerns were with the road; 
• the area at the front of the hotel was prone to flooding would this be resolved; and
• this was a large increase in the bed capacity of this guest house, was there a distinction between a guest house and a hotel.

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

• 25 parking spaces had to be provided before first occupation of the extension, some of these parking spaces had been proposed at the rear of the property;
• the parking area to the front would be delineated and the width had been added to the plan to ensure that sufficient width had been allowed for the through movement of traffic;
• this route was not promoted as a safe route to school but children did walk this shorter route to school, there would be no worsening of the existing route;
• this road was a private road and the planning authority had to depend on condition 1 in the report for the improvements to the road, and these had to be implemented before the first occupation of the site;
• a full survey of the road had been undertaken and the work required to the road had been detailed and would be undertaken before development on the site;
• the existing flooding problem at the front of the hotel had been resolved;
• this road had gone beyond the four houses which would have historically triggered an upgrade of the road but the problems with the road were longstanding and historical, normally a request would be made for a two way road but a two way road will not fit in the space available so on balance the improvements and mitigations are acceptable; and
• a guest house and a hotel had the same use class and this also included bed and breakfast establishments, so the difference in name was irrelevant in planning terms.

The Clerk advised that, for the road to be adopted, the Roads Authority would have to serve notice on all the frontagers requiring the road to be brought up to adoptable standard, then a maintenance period would follow and thereafter the road would be added to the list of public roads and would be adopted for maintenance thereafter.

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

7.5 Applicant: Peggy Campbell (17/00530/FUL) (PLN/041/17)
Location: Kinloch, Dunvegan, Isle of Skye, IV55 8WQ (Ward 10)
Nature of Development: Erection of dwelling house, new access, septic tank and soakaway and installation of ground mounted solar PV panels.
Recommendation: Refuse. 

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee refuse the application for the reasons detailed therein. 

Members’ comments included the following:

• this was an isolated and open part of the world, one single storey house on the landscape above the sky line was of little concern with all the wind farms on the sky line in the area; 
• there was normally a presumption against development on the loch-side or the seaward side and this house was not on the loch-side;
• the house was sympathetic to the area;
• this house had been proposed in a prominent position, could the applicant look again at the siting of the house;
• Scottish Water had no objection to the application.

The Planning Officer responded to Members comments as follows:

• the original application had been for four houses and this had been reduced to one with the house benefitting from tree screening.

Ms M Smith, seconded by Mrs A MacLean, moved that the application be refused. 

Mr D MacLeod, seconded by Mr J Gordon, moved as an amendment that the recommendation be approved for the following reasons:

1. the siting of the proposed development is not incongruous within the existing development pattern, it is in fact typical of the prevailing development pattern in this part of Skye consistent with Policy 28; and
2. the design of the proposed building is contemporary, single storey, appropriately scaled and will make a positive visible contribution to its surroundings.

On both of the above considerations it is not considered to be contrary to Policy 28, 29 and 36 of the Highland-wide local Development Plan.

On a vote being taken, 4 votes were cast in favour of the motion and 7 in favour of the amendment, as follows:

For the motion (4)

Ms K Currie, Mr R Gale, Mrs A MacLean and Ms M Smith.

For the amendment (7)

Mr C Fraser, Mr J Gordon, Mr D MacKay, Mr C MacLeod , Mr D MacLeod, Mrs M Paterson and Mr A Sinclair.

The amendment became the finding of the meeting and the Committee agreed to GRANT the application, subject to conditions to be drafted by the Area Planning Manager and agreed by the Chair.

7.6 Applicant: Lexo Car Wash and Valet (17/01081/FUL) (PLN/042/17)
Location: Former Woodyard, Tulloch Street, Dingwall (Ward 8)
Nature of Development: Installation of car wash/valeting facility (retrospective) 
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• clarity on facilities available for staff welfare and details of the electricity supply;
• would it be possible for the applicant to come back within the year period to have the application extended;
• who would monitor the development;
• concerns in relation to parking, there was already problems with parking in this area at the rear of the Tesco development;
• the green screening that had been used to screen the canal path was not suitable, was there to be replacement screening;  and
• concern that run-off water could go directly into the canal.

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

• staff facilities and an electricity supply would be available from Lochgorm Warehouse;
• the applicant could start his application towards the end of the temporary permission so that the permission would continue and so that planning could monitor the development for the year;
• as the development was in close proximity to the Dingwall Planning office, it would be monitored by planning staff;
• content that the development could operate without the need for parking on Tulloch Street even though there was currently no parking restrictions on Tulloch Street;
• transport staff were confident that the operator could manage the parking and turning within the site and the monitoring would confirm this;
• the one year period would give the operator a chance to show how well the development could operate without causing any issues;
• the green screening had been removed and had been replaced with a timber fence; and
• the water would be recycled and no water would go into the canal.

Mrs M Paterson, seconded by Mr J Gordon, moved that the application be refused for the following reason:

The development would not be suitable on the proposed site as it was within Dingwall town centre and would have an adverse impact upon public amenity on the wider area of Dingwall.  It is close to the Telford canal and path which people of all ages and visitors to the town of Dingwall enjoy.  Public enjoyment of a peaceful walk down the path would be disturbed by noise and spray from the development.  The proposed traffic management measure were considered unsatisfactory, potential of vehicle movements being in conflict with the pedestrian use of the pavement.  

The Clerk advised that  the first part of the reason for refusal where it was stated that the “development would not be suitable on the proposed site” would be difficult to justify as this was a commercial use within the commercial district of Dingwall. 

Ms M Smith, seconded by Mr D MacKay, moved as an amendment that the recommendation be approved.  

On a vote being taken, 3 votes were cast in favour of the motion and 7 in favour of the amendment, as follows:

For the motion (3)

Mr J Gordon, Mrs M Paterson and Mr A Sinclair.

For the amendment (7)

Ms K Currie, Mr C Fraser, Mr R Gale, Mr D MacKay, Mrs A MacLean, Mr C MacLeod and Ms M Smith.

The amendment became the finding of the meeting and the Committee agreed to GRANT the application subject to the conditions detailed in the report.

7.7 Applicant: Miss Gail Williams (17/01492/FUL) (PLN/043/17)
Location: Land 215 m NE of Tigh na Cathair, 267 Achnacarnin, Lochinver
(Ward 1)
Nature of Development: Installation of touring caravan and erection of shed (partially retrospective).
Recommendation: Grant.

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

Members’ comments included the following:

• the previous and present applications for this site appeared to be contradictory;
• the report stated that the waste would be disposed of by being removed from site, there was concern that a waste water truck would not be capable of manoeuvring down this road;
• there had been a lot of social media advertising this site as a hostel and camp site, was there still a camping facility on this site;
• there had been a lot of items on the site including a three piece suite;
• in relation to condition 3 of the Report, works had been undertaken and there was concern that archaeological excavations had been rebuilt, Assynt is a very important historical area and should be treated with considerably more respect.

The Planning Officer responded to Members comments as follows:

• the applicants would deal with the waste by having it removed by a licensed contractor in the area;
• the social media content had been removed;
• the applicant had indicated that they intended to build a house on the site;
• a wild camp can operate for up to 28 days without planning permission, but most of the campers had now moved;
• the shed had been erected to house most of the items from the area including the three piece suite;
• most of the Members’ legitimate concerns would be for other departments of the Council and not for the Planning Department;
• planning would reiterate the historical importance of the area and an amendment could be  made to condition 3.

The Committee agreed to GRANT planning permission subject to the conditions detailed in the report and subject to amendment to condition 3.

7.8 Applicant: Ronald Macdonald Photography (17/01875/ADV) (PLN/044/17)
Location: Park Road, Portree, IV51 9EP (Ward 10)
Nature of Development: Erection of advertisement sign.
Recommendation: Grant. 

There had been circulated Report No PLN/035/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein. 

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

8.  Decisions of Appeals to the Scottish Government’s Planning and Environmental Appeals Division
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

8.1 Applicant: Ms Jill Malvenan (16/03051/LBC) (LBA-270-2005)
Location: The Manse and Old Church Court, Innes Street, Plockton
Nature of Development: Create a pedestrian opening in the existing garden wall to Innes Street and increase the existing opening in a garden wall to Bank Street.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been allowed and listed building consent granted subject to the condition and advisory note in the decision notice.

8.2 Applicant: Ms Jill Malvenan (16/03028/FUL) (PPA-270-2164)
Location: Land between the Manse and Old Church Court, Innes Street, Plockton
Nature of Development: Erection of house.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been dismissed and planning permission refused. 

8.3 Applicant: Mr Guy Morgan (16/03071/LBC) (LBA-270-2006)
Location: Stoer Church, 75 m East of 162 Stoer, Lochinver, IV27 4JD
Nature of Development: Restoration and conversion of disused church to residential, installation of septic tank and soakaway.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been dismissed and listed building consent refused.   The claim for expenses against The Highland Council by Mr Guy Morgan, had been declined.

8.4 Applicant: Mr Guy Morgan (16/03070/FUL) (PPA-270-2165)
Location: Land 75 m East of 162 Stoer, Lochinver, IV27 4JD
Nature of Development: Restoration and conversion of disused church to residential, installation of septic tank and soakaway.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been dismissed and planning permission refused.  The claim for expenses against The Highland Council by Mr Guy Morgan, had been declined. 

There being no further business the meeting closed at 5.05 pm.