Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 20 June 2017 at 10.30 am.

Committee Members Present:

Mr R Balfour
Mr A Baxter (excluding item 8.5)
Mr J Bruce (substitute)
Mr B Boyd
Ms C Caddick
Mr G Cruickshank
Mrs M Davidson (excluding item 8.4)
Mr L Fraser
Mr J Gray
Ms P Hadley
Mr T Heggie
Mr A Jarvie
Mr R Laird (excluding items 8.2 – 8.5)
Mr R MacWilliam (excluding item 8.4)
Mr B Thompson

Officials in attendance:

Ms N Drummond, Area Planning Manager South/Major Developments
Mr D Mudie, Team Leader
Mrs S Macmillan, Team Leader
Mr M Clough, Senior Engineer, Transport Planning
Mr R Bryan, Senior Technician
Mr K Gibson, Principal Planner
Mr K McCorquodale, Principal Planner
Mr R Dowell, Planner
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor (Regulatory Services)
Mr S Taylor, Administrative Assistant

Ms S Blease in the Chair

Business

1. Appointment of Chair
Suidheachadh de Chathraiche

Having been duly nominated and seconded, Mr J Gray was appointed Chair.

Mr Gray then took the Chair.

2. Appointment of Vice Chair
Cur Iar-Chathraiche an Dreuchd

Having been duly nominated and seconded, Mrs C Caddick was appointed Vice Chair.

3. Apologies for Absence
Leisgeulan

An apology for absence was submitted on behalf of Mr B Lobban.

4. Declarations of Interest
Foillseachaidhean Com-pàirt

None    

5. 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 11 April 2017 which was APPROVED.

6. Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLS/029/17 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.

In speaking to the report, the Team Leader advised that an application for the erection of 100 houses in Croy had been received and it was anticipated that this application would be submitted to the Committee for determination at its meeting in October 2017.

With reference to application 13/02291/PAN in Appendix 3 to the report, it was highlighted that, as a consequence of the boundary changes following the recent local government elections, the ward number for Badenoch and Strathspey had changed to Ward 20.

The Committee NOTED the current position.

7. Major Developments – Pre-application Consultation
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais                                                

7.1
Description: Proposed silt storage site and freshwater lagoon including creation of 4no finger lagoons by extraction of 4 million tonnes of rock, water pipes, electricity generation and ancillary works (17/02597/PAN) (PLS/030/17)
Ward: 21 – Fort William and Ardnamurchan
Applicant: Aggregate Industries UK Ltd
Site Address: Land at Glensanda Quarry

There had been circulated Report No PLS/030/17 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.

7.2
Description: Proposed Residential development and associated infrastructure (17/02339/PAN) (PLS/031/17)
Ward: 18 – Nairn and Cawdor
Applicant: Springfield Properties PLC
Site Address: Land 123m SE of Rosebank, Kingsteps, Lochloy Road, Nairn

There had been circulated Report No PLS/031/17 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.

7.3
Description: Proposed conversion of main building to residential, demolition of outhouses, refurbishment and extension of lodge house and erection of new dwellings (17/02349/PAN) (PLS/032/17)
Ward: 15 - Inverness Ness-Side
Applicant: Tulloch Homes Ltd
Site Address: Drummond Hill, Stratherrick Road, Inverness

There had been circulated Report No PLS/032/17 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.

7.4
Description: Proposed mixed use development (potentially mixed use development including residential, affordable housing, community and commercial uses) and associated infrastructure (17/02258/PAN) (PLS/033/17)
Ward: 19 – Inverness South
Applicants: Redco Slackbuie Ltd, Robertson Partnership Homes & Caledonia Housing Association
Site Address: Land at Lower Slackbuie Farm, Inverness

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

In response to concerns raised during discussion regarding capacity issues in primary schools in Inverness and developer contributions towards education facilities, the Chair suggested that as part of ongoing discussions between the Development Plans Team and Care and Learning, a briefing be arranged to fully apprise Members of the wider issues surrounding school provision in the Highlands.

Thereafter, 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.

The Committee also AGREED that a wider briefing be arranged to fully apprise Members of the wider issues surrounding school provision in the Highlands.

The meeting was adjourned at 10:45 am to allow Members to attend the flag raising ceremony to mark Armed Forces Day and reconvened at 11:10 am.

8. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

8.1
Applicant: Mr Stuart Webster (17/00549/FUL) (PLS/034/17)
Location: 4 Barclay Road, Aviemore. (Ward 20)
Nature of Development: Revised positioning of proposed 1½ storey dwelling house and revision to windows to front gable.
Recommendation: Grant

There had been circulated Report No PLS/034/17 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.

Following discussion, Members considered it necessary to see the site in order to gain an understanding of the layout of the site in the context of the concerns raised by the neighbouring objectors.

The Committee agreed to DEFER determination of the planning application pending a site visit to take place prior to the next meeting of the Committee on 8 August 2017.

8.2
Applicant: Badaguish Outdoor Centre (16/05426/FUL) (PLS/035/17)
Location: Speyside Trust, Badaguish Outdoor Centre, Glenmore, Aviemore PH22 1AD. (Ward 20)
Nature of Development: Change of use of existing toilet and laundry block to provide a 24 hour on-site warden service.
Recommendation: Grant

There had been circulated Report No PLS/035/17 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.

In response to a question, it was confirmed that:-

• As part of the ongoing development of Badaguish Outdoor Centre, which had been subject to a number of separate applications considered by the Cairngorm National Park Authority, replacement toilet and laundry facilities would be accommodated within the wider site.

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

8.3
Applicants: Mr Donald Donnelly and Mr & Mrs Chris Donnelly (17/01697/FUL) (PLS/036/17)
Location: Land at Croft 104 and 105, 70M North East of Tigh a Chladaich, Glenmallie Road, Caol. (Ward 11)
Nature of Development: Amended access to three approved house plots (including amendment to condition 1 of planning permissions 11/04288/FUL, 15/02479/FUL and 15/03547/FUL).
Recommendation: Refuse

There had been circulated Report No PLS/036/17 by the Area Planning Manager – South/Major Developments recommending refusal of the application on the grounds detailed in the report.

Mr K McCorquodale presented the report and recommendation.

In response to questions, it was confirmed that:-

• The proposed Blar Mor to Caol Link Road was an identified ambition of the Council within the existing West Highlands and Islands Local Development Plan and the emerging Proposed Local Development Plan (WestPlan).
• The Council was seeking to work with Transport Scotland on the delivery of a Scottish Transport Appraisal Guidance (STAG) for Fort William.
• The proposed Blar Mor to Caol Link Road had been included within development plans for over 10 years.  However, it was emphasised that this type of development could take a long time to realise and that the Council was seeking to protect the identified route for the link road.
• Whilst other possible alternative routes for the link road might be under consideration, there was currently no alternative route identified within the current Local Development Plan.
• It was considered unsuitable for individual houses to take direct access onto a distributer road such as the proposed link road due to the volume of traffic. .
• The applicant was unable to offer a Section 75 agreement capable of satisfactorily resolving the issue. He did not own the length of land which would enable access from the proposed development site onto Glenmallie Road.
• Compulsory purchase orders could only be made for the areas of land required for the proposed link road and would not include the land adjacent to the application site as they would not be required for the road works.
• The Council could not compulsory purchase land in order to assist the applicant with taking forward their development.

During discussion, whilst acknowledging that the Council had made efforts to assist the applicant, disappointment was expressed that the proposed Caol Link Road had restricted the development of the croft and that no announcement had yet been forthcoming as to when a STAG appraisal would be undertaken on the viability of the proposed route.

Thereafter, the Committee agreed to REFUSE planning permission for the reasons recommended in the report.

8.4
Applicants: Highland Council and Lochaber Housing Association (17/00114/FUL) (PLS/037/17)
Location: Former Lochyside Roman Catholic School, Lochyside, Fort William. (Ward 11)
Nature of Development: Erection of 60 new dwellings with associated services, roads and landscaping, including an amenity area with play park. Housing to be a combination of two storey villas, bungalows and two and a half storey flats, with a mix of two, three and four bedrooms.
Recommendation: Grant

There had been circulated Report No PLS/037/17 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mrs S Macmillan presented the report and recommendation.

In response to questions, it was confirmed that:-

• In relation to Condition 11, Local Members could be consulted prior to approval of the external materials and finishes, including the colour choices.
• Due to Caol Community Council currently being in abeyance, Local Members could be consulted in relation to the final design for the new local equipped play area.
• Whilst the Lochaber Disability Access Panel had not formally removed their representation, both the developer and the Access Panel had subsequently met to discuss concerns regarding the number of properties containing appropriate access and internal arrangements.
• The proposed buildings had been designed so as to be adaptable to the needs of future occupants.
• The West Highland and Islands Proposed Local Development Plan (WestPlan) had identified the application site as having an indicative capacity of 40 units.  However, whilst the application represented an increase to 60 units, the density of the development site was deemed to work with the increased number of units proposed.
• The proposed allocation of 93 car parking spaces within the development was in line with Council standards.
• Any change to the number of units proposed could necessitate different requirements for developer contributions and Condition 1 had been worded so as to require a formal application under a Section 42 if the developer proposed to change the number of affordable houses on site.
• Developer contributions of up to £1000 per house towards community facilities had been identified under current guidance and had been subsequently updated to take into account the proposed WestPlan.
• Whilst priorities for the area could change during the consultation period for the WestPlan in terms of community facilities, it was explained that developer contributions were kept under review to ensure that the monies provided by the developer met with local aspirations.
• The applicants’ investment was driven by the needs that they had established and the requirement for more 3 bedroom houses in the local area might be considered as the development progressed.
• Should the community facilities identified within this particular development not transpire, there was flexibility to direct developer contributions to the Council’s preferred alternative option.
• Whilst indicative PV Solar Panel locations had been included within the plans, these had been included for the purposes of planning consent. A revised plan could be submitted showing minor amendments to remove the panels should the developer decide not to proceed with them.
• The floor plans on the top floor of the three storey building would be the same as the lower two.
• Whilst the headroom on the top floor of the third storey flat would be slightly reduced, the high wall head would reduce the impact of the coombing in the roof.

During discussion, Members’ comments included the following:-

• In relation to Condition 1, it was requested that Local Members be consulted prior to any permission being granted by the planning authority for any change to the number of affordable housing units to be delivered on site.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and subject to the prior conclusion of a Section 75 agreement to secure developer contributions for community facilities in the local area. These are currently identified in the West Highland and Islands Local Development Plan Proposed Action Programme as a new Indoor Training and Community Centre to the north of Lochaber High School, but this is subject to consultation and review and may change.

It was further AGREED that:-

• Local Members be consulted alongside Caol Community Council in relation to the final design for the new local equipped play area.
• Local Members be consulted prior to any permission being granted by the planning authority for any change to the number of affordable housing units to be delivered on site.
• In relation to Condition 11, Local Members be consulted prior to approval of the external materials and finishes, including the colour choices.

8.5
Applicant: Tulloch Homes Ltd (16/03609/PIP) (PLS/038/17)
Location: Land 100M NE of 66 Castleton Village, Inverness. (Ward 19)
Nature of Development: Development sites for residential, commercial/business and community/recreation facilities; access, open space and landscaping.
Recommendation: Grant

There had been circulated Report No PLS/038/17 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:-

• Whilst the exact level of developer contributions towards education had not yet been confirmed, this would be sought in line with the Developer Contributions Supplementary Guidance during negotiations with the applicant.
• A condition requiring submission of detail on the provision of a public crossing on the U5043 was included within the recommendations.
• The application site had been identified for housing in the local plan and this had been taken into consideration by education.
• Whilst it was acknowledged that there were issues in relation to school provision, it was emphasised that whilst Milton of Leys was capped for placements, it was not capped for those living in the area.
• Planning permission had been granted at the Committee meeting in April for the development of an area of land including expansion of the nursery at Milton of Leys Primary School and that this would subsequently enable rooms to be released within the school for additional classroom facilities.
• Both Planning and Education departments were working together through the Housing Land Audit and the school estate programme to identify where the main pressure points were in terms of new housing developments and school capacity and how this could be addressed in the capital programme.
• A condition requiring the formation of community facilities, which would include the provision of a kickabout pitch, during Phase 1 of the development, was included within the recommendations and it was emphasised that the conditions would make clear to the applicant that community facilities had to be provided during the initial phase of development.
• The figures for developer contributions were identified in the adopted supplementary guidance on developer contributions and the different types and levels of contributions were based on different housing types.
• Discussion with the applicant regarding developer contributions would entail the location of affordable housing and the amount of any affordable housing contribution to be paid in the event that onsite provision did not transpire.
• The final details of the layout and design would be considered in the subsequent application for approval of matters specified in conditions.
• The location of the proposed commercial land was on the east side of the proposed access road.

During discussion, Members’ comments included the following:-

• Concern was expressed regarding school capacity issues in the surrounding area and that Care and Learning had not raised any concerns during the consultation process.
• Whilst acknowledging the provision of expanded nursery facilities at Milton of Leys Primary School, it was highlighted that the extra classrooms which this development would make available would only deal with multi-purpose rooms which were currently being used as general classrooms and would only address the short-term problem.
• The identification of an area for a kickabout pitch was welcomed as the previous pitch installed in Milton of Leys required group bookings and was therefore not as accessible for children requiring a play area.
• It was suggested that developer contributions should be identified by the applicant prior to submission of the application, particularly in regard to contributions in terms of education.
• The figures identified within the adopted supplementary guidance on developer contributions were inadequate given the scope of developments currently identified within the capital programme.
• It was requested that Condition 10 be reviewed with input from Local Members to ensure greater security with regards to community facilities being provided up front by the applicant.
• Concern was expressed regarding the commercial business use block and whether it would appropriate for the area.
• Local Members should be consulted regarding the layout and design of the proposed development following submission of the subsequent application for approval of matters specified in conditions.
• Local Members should be involved during discussions regarding the phasing of the development, particularly with regard to how each phase would fit in with issues around school capacity.
• It was highlighted that there had previously been sites identified for primary schools which had subsequently not been developed and that better analysis of primary school enrolment numbers was necessary.
• Disappointment was expressed that Education had highlighted no concerns regarding the impact the proposed development would have on schools in the surrounding area.
• The agreement earlier in the meeting at Item 7.4 that a wider briefing be arranged to fully apprise Members of the wider issues surrounding school provision in the Highlands was welcomed.
• It was requested that developer contributions towards education be reviewed by the Development and Infrastructure Service.

The Committee agreed to GRANT planning permission in principle subject to the conditions recommended in the report and subject to the prior conclusion of a Section 75 agreement to secure the developer contributions required in terms of the Supplementary Guidance and the Inshes and Milton of Leys Development Brief. 

It was further AGREED to delegate authority to the planning officer to finalise the wording of conditions as required.

8.6
Applicant: Tulloch Homes Ltd (16/03620/FUL) (PLS/039/17)
Location: Land 995M SW of Bogbain Farmhouse, Inshes, Inverness. (Ward 19)
Nature of Development: Erection of 100 residential units, homeworking units, open space, landscaping, access road and related infrastructure (Phase 10).
Recommendation: Grant

There had been circulated Report No PLS/039/17 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:-

• A proposed alternative access road into the site from the South of the Lochan had been rejected by SEPA.
• The only option for the applicant in terms of land ownership was to locate the access road through an area of green land currently used as a wedge between the existing residential development and the proposed development.
• The application proposed a mixture of 2 and 3 bedroom housing with different layouts and the proposed increase from 75 to 100 houses was deemed suitable.
• Inverness South Community Council had raised concerns over a number of years regarding a lack of recreational facilities in the area.  However, reassurance was provided that the provision of facilities which met the community’s aspirations had now been secured.

During discussion, the following comments were made:-

• Whilst acknowledging the attempts made by the applicant to reduce the impact of the proposed access road on the strip of green wedge, the suggested alternative access road from the South of the Lochan would have been preferable notwithstanding SEPA’s objection.
• Concern was expressed regarding school capacity issues in the surrounding area.
• Whilst welcoming the recreational facilities which had previously been approved and could serve the proposed development, concern was expressed regarding the potential scenario that should the proposed recreational facilities not be developed, the proposed development could be left without necessary facilities. 
• Concern was expressed regarding the density of the proposed development and that the buildings gave the appearance of being packed in which was not in keeping with the surrounding area.
• The proposal to locate the access road through the green wedge acting as a buffer zone behind the existing housing was deemed unacceptable.
• Issues surrounding land ownership were for the applicant to address.
• Notwithstanding the concerns raised with regard to the loss of the green wedge buffer zone, the road alignment had previously been agreed as part of the Inner Moray Firth Local Development Plan and therefore the Committee would not be in a position to defend a refusal of the application on grounds relating to the position of the access road.

The Chair, seconded by Mr L Fraser, then moved that the application be granted subject to the conditions recommended in the report and subject to the prior conclusion of a Section 75 agreement to secure the developer contributions required in terms of the Supplementary Guidance and the Inshes and Milton of Leys Development Brief and the conditions recommended in the report.

Mr A Jarvie moved as an amendment that the application be refused on the ground that the proposed access road would cut across the green belt which had been put in for the specific purpose as a buffer zone.

Following a brief adjournment to seek officer advice, Members were advised that SEPA had raised concerns regarding the proposed alternative access road to the site from the South of the Lochan due to the width of the access road itself and the effect engineering works could have on the Lochan and watercourses.  While an alternative route could be to the north of the Lochan; this land was outwith the ownership of the applicant.  Members were further advised that if the access road was to come from further South or South East it would fall outwith the housing area and on land which was not allocated for development and that taking on board SEPA’s objection there was no alternative route for the access road.

Mr Jarvie withdrew his proposed amendment.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and subject to the prior conclusion of a Section 75 agreement to secure the developer contributions required in terms of the Supplementary Guidance and the Inshes and Milton of Leys Development Brief and the conditions recommended in the report. 

It was further AGREED to delegate authority to the planning officer to finalise the wording of conditions as required.

8.7
Applicant: Mr Robbie Girvan (16/05713/FUL) (PLS/040/17)
Location: Loch Ness Caravan Park, Invermoriston, Inverness, IV63 7YE. (Ward 12)
Nature of Development: Change of use from touring caravan site to static caravans for holiday use only involving the siting of 30 new units (retrospective).
Recommendation: Grant

There had been circulated Report No PLS/040/17 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:-

• The proposed condition regarding visibility splays recognised the current condition of the access at the entrance to the site from the A82.
• The proposed units were for holiday use and not for permanent residential accommodation.
• Whilst the proposed design of the units was of a chalet appearance, they were regarded as caravans and as temporary units.
• With regard to a suggestion to including provision within the site for touring caravans, the Committee had to consider the application as submitted and the planning authority could not insist on the type of holiday accommodations provided.
• Whilst enforcement action could be taken in the event that the application did not receive the support of the planning authority or the Committee, the applicant had submitted an application that was deemed appropriate and was supported by the recommendation within the report.

During discussion, the following comments were made:-

• Concern was expressed regarding both the retrospective nature of the application, in particular as this was now the second retrospective application to be submitted by this particular applicant, and the fact that the planning system did not allow the Planning Authority to impose any form of penalty on the applicant.
• In highlighting a similar development in Fort Augustus owned by the applicant, concern was expressed that there was potential for the applicant to sell-off static caravans on this site individually.
• Concern was expressed that the site had deviated from its original purpose as a joint camping and caravan site and that many potential campers seeking to pitch-up for the night were now being excluded from using the site.
• It was requested that a condition be included within the recommendation capping the number of static caravans on the site to 30.
• It was further requested that a condition be included within the recommendation to ensure that the site be deemed a single planning unit in order to prevent the applicant selling off static caravans individually.

The Committee agreed to GRANT retrospective planning permission subject to the conditions recommended in the report and an additional condition to secure that the site be deemed a single planning unit.

8.8
Applicant: Mr Brian Bowers (17/00356/PIP) (PLS/041/17)
Location: Land 80M SE of Holly Cottage, Balnain, Drumnadrochit. (Ward 12)
Nature of Development: Erect house and garage.
Recommendation: Grant

At the start of the item, before any presentation of the report and recommendation took place, the Committee agreed to DEFER determination of the application to the next meeting to enable the planning authority to further consider the road access and footpath arrangements.

9. 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

9.1
Applicant: RES Ltd (PPA-270-2158) (15/00737/FUL)
Location: Land at Carn Ghriogair, Aberarder Estate, Inverness
Nature of Appeal: Erection of 12 wind turbines, up to 130m to blade tip, and associated access track, infrastructure and key ancillary development.

Following comment from Members, during which disappointment was expressed at the Reporter’s decision and the likelihood of subsequent applications for extensions at nearby windfarms, the Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission, subject to the conditions set at the end of the Decision Notice.

9.2
Applicants: Force 9 Energy Partners LLP and EDF Energy Renewables (PPA-270-2155) (15/02758/FUL)
Location: Land 2295 metres northwest of Steading Bar, Glen Urquhart, Drumnadrochit, known as Cnoc an Eas Wind Farm
Nature of Appeal: Erection of 13 wind turbines with a maximum blade tip height of 136.5 metres, and associated infrastructure.

The Committee NOTED the decision of the Reporter to dismiss the appeal and refuse planning permission.

The meeting ended at 2.50 pm.