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 12 September 2017 at 10.30 am.

Committee Members Present:

Ms K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale, Mr J Gordon (by video conference from Skye), Mr D MacKay (excluding Item 6.2), Ms A MacLean, Mr C MacLeod, Mr D MacLeod (excluding Item 6.3), Mrs M Paterson (excluding Items 6.4-7.4), Mr K Rosie, Mr A Sinclair and Ms M Smith.

Non-Committee Members Present:

Mr G Adam and Mr M Reiss.

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mrs J Ferguson, Team Leader, Planning
Mr S Hindson, Acting Principal Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs A MacArthur, Administrative Assistant

Business

Ms Maxine Smith 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

An apology for absence was intimated on behalf of Mr R Bremner. 

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 1 August 2017 which were APPROVED.

4.  Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN/049/17 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:

• in relation to the former Fish Factory site at Conon Bridge, discussions were continuing and the application was progressing;
• clarification would be sought, on the application for the development site at Dounreay, which was currently with the Scottish Ministers, and detail brought to the next Committee on the issue and implications of the receivership of the Company; and
• the housing development at Station Road, Evanton was moving forward and was likely to come to the Committee later in the year.

The Committee NOTED the current position with these applications.

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

5.1  Description: Erect extension to shop 7 to provide new blast and paint workshop and use land for the storage of raw materials and fabricated products for the offshore renewables sector (17/03477/PAN) (PLN/050/17)
Ward:  7
Applicant: Nigg Energy Park Limited, per G H Johnston Building Consultants Ltd
Site Address: Global Energy, Nigg, Tain, IV19 1QY.  

There had been circulated Report No PLN/050/17 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 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 Detemined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1 Applicant: Mr John Hewlett (16/04516/FUL) (PLN/051/17)
Location:  Land 70 m SW of Drumlochy, North Kessock (Ward 9)
Nature of Development: Erection of house.
Recommendation: Refuse.

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.  The Team Leader advised that the applicants name was Mr John Hewlett and not Mr John Hewitt as stated in the report.

Members’ comments included the following:

• clarification of the policy in regard to rounding off;
• the applicant had lived in this area for 30 years and due to ill-health had to downsize, the aging population should be considered;
• the house would not be out of place, it was in line with the existing house and equine centre and would round off the group;
• clarification on whether this would be considered a group if the use of the equine centre changed; and
• the Equine Centre had contributed to the local community for 30 years and local businesses should be encouraged.

The Planning Officer responded to Members’ comments as follows:

• the supplementary guidance defined a housing group as houses and catering accommodation or holiday accommodation could not be considered as a house, rounding off could only apply to housing groups;
• the application is to be determined as matters currently stand, if the equine centre was to change use it would have to apply for the change of use; 
• an aging population is not an exception to Policy 35; and
• the applicants had not sought pre-application advice.

Mr C Fraser, seconded by Mr D MacLeod, moved that the application be approved for the following reason:

Although it was accepted that the application did not fall within an exception to Policy 35 of the HwLDP, the proposed development was considered to comprise infill development in relation to the surrounding built form in this rural setting and was not considered to be discordant with the settlement pattern in this instance.

Ms Maxine Smith, seconded by Mrs K Currie moved as an amendment that the application be refused in line with policy.

On a vote being taken, 10 votes were cast in favour of the motion and 3 in favour of the amendment, as follows:

For the motion (10)

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

For the amendment (3)

Ms K Currie, Mr K Rosie and Ms M Smith.

The Committee agreed to GRANT subject to conditions to be agreed by the Chair and Councillor Fraser as Local Member for the reason stated above.

6.2 Applicant: EON (16/04966/S36) (PLN/052/17)
Location: Golticlay Wind Farm – Land 2040 metres NE of Bulreanrob, Lybster (Ward 3)
Nature of Development: Wind farm development (Goticlay Wind Farm), up to 19 turbines up to 3.4 MW with a maximum tip height of 130 m and associated infrastructure including borrow pit, tracks, cabling and ancillary buildings. 
Recommendation: Raise No Objection.

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.  The Acting Principal Planner circulated further visualisations.  

On a request from Members a map of the wild land area was circulated and the proximity of the wild land to the development was shown.

Members’ comments included the following:

• would the turbines be able to navigate through the streets of Wick without causing damage;  
• the photographs were two years old, could reassurance be given that these photographs were still appropriate;
• could the developer be asked to look at the turbine heights again, if all the turbines were reduced it would significantly reduce the visibility of the turbines from different viewing aspects at viewpoint 17;
• Highlands and Islands Airports Limited had advised of an effect on their radar in relation to air traffic control;
• clarification on the connections to the turbines;
• this development would directly impact on the very rare Scottish Wildcat and Osprey who both lived in this area;
• an active Scottish Wildcat den had been located in this area and this area should therefore be protected from development;
• the survey had shown no Wildcats in the area but the survey had been undertaken at the wrong time of year;
• Caithness is renowned for its flat land and the local people cherished this aspect, the wind turbines therefore caused a greater impact than in any other geographical area;
• there had been 226 objectors and no supporters for this application;
• who would monitor the progress of the development and the protection of the wildcats and ospreys; and
• we are statutory consultees and have to rely on the advice of statutory bodies who had raised no objections.

The Planning Officer responded to Members comments as follows:

• the developer would temporarily remove street furniture in Wick to enable the turbines to be manoeuvred without causing damage;
• acknowledged the photographs were two years old but there had been no significant changes to the landscape other than the trees were slightly taller;
• the original application had been for 47 turbines and this had been reduced to 19, the development had to be looked at as a whole and the turbines were only visible for a very short period from the road;
• the number of pylons in the area contributed to clutter;
• there would have to be a separate section 37 application for the connection to the substation and it was understood this would be overhead, the connections within the site would be underground;
• the Forestry Officer had only requested compensatory planting for the loss of forestry for infrastructure but to address ornithological concerns the developer had also put in further mitigation;
• the developer had offered mitigation in relation to the objection from the Forestry Commission by offering compensatory planting and the objection had been withdrawn;
• a Community Liaison Group had been set up at an early stage to address local concerns and discussions were ongoing;
• Scottish Natural Heritage were happy with the proposals for monitoring; and
• this application agrees with policy and there is no cumulative impact.

Ms M Smith, seconded by Mrs A MacLean, moved that the Committee Raise No Objection to the application.

Mr A Sinclair, seconded by Mr D MacLeod , moved an amendment, that the Committee Raise An Objection to the application for the following reasons:

1.      The proposal is contrary to Policy 67 (Renewable energy) and Policy 28 (Sustainable Design) of the Highland-wide Local Development Plan and the Onshore Wind Energy Supplementary Guidance as the development would have a significantly detrimental visual impact on the Caithness landscape for local residents and visitors, particularly as viewed from the village of Lybster, as evidenced in Viewpoint 6 at the Bayview Hotel and Viewpoint 4 at Upper Lybster.

2.      The application is contrary to Policy 67 (Renewable Energy) and Policy 57 (Natural, Built and Cultural Heritage) of the Highland-wide Local Development Plan and Scottish Planning Policy 2014 as the impacts of the development would be detrimental to the local wildcat and osprey population and are not able to be satisfactorily mitigated by siting, or other mitigation.

On a vote being taken, 2 votes were cast in favour of the motion and 10 in favour of the amendment, as follows:

For the motion (2)

Mrs A MacLean and Ms M Smith.

For the amendment (10)

Ms K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale, Mr J Gordon, Mr C MacLeod, Mr D MacLeod, Mrs M Paterson, Mr K Rosie, Mr A Sinclair.

The Committee agreed to RAISE AN OBJECTION for the reasons given above.

6.3 Applicant: E J Mackenzie and Co (16/05325/PIP) (PLN/053/17)
Location: Land 40 m North of Lochslin Cottage, Fearn (Ward 7)
Nature of Development: Formation of two house plots, new shared access and installation of septic tanks. 
Recommendation: Grant. 

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.  The Area Planning Manager advised that an extra bullet point should be added at condition 2 vii of the Report. 

The Committee agreed to GRANT subject to a further bullet point in condition 2 vii as follows:

“The house in plot 2 shall be set to the west of the building line of Lochslin Cottage”.

6.4 Applicant: North West Skye Recreation Association (16/05384/FUL) (PLN/054/17)
Location: Land 100 m South of Fire Station, Dunvegan (Ward 10)
Nature of Development: The construction of a new grass sports pitch and associated facilities including access, car parking, fencing and lighting.
Recommendation: Grant. 

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.  The Area Planning Manager advised of an amendment to condition 7 of the Report.

The Committee agreed to GRANT subject to the conditions in the report amended as follows:-

Amended Condition 7:

No development shall commence until a construction traffic management plan has been submitted and approved in writing by the Planning Authority.

This plan shall include:

i. The number, type and frequency of HGV movements and the access route proposed for these vehicles.

ii. A detailed photographic and video report of a joint survey covering the extent of the B884 used for access to the development.

iii. An engineering assessment of the capability of the road to support the level of HGV movements proposed and detailed measures to mitigate the impact of the construction traffic.

iv. Traffic Management procedures to safeguard the condition of the road and the free flow of traffic.

v. Construction traffic hours of operation.

vi. A construction programme for the project.

vii. Measures to protect the road from dirt and debris.

viii. Measures to monitor the condition of the public road on a regular basis and to report any deterioration promptly to the road authority.

ix. Proposals to carry out a detailed photographic and video report of a joint survey covering the extent of the B884 used for access to the development within one month of completion of construction.

Additional informative:

Referring to the requirement for a section 96 agreement.

6.5 Applicant:  Councillor Hugh Morrison  (17/02724/FUL) (PLN/055/17)
Location: Smoo Cave Hotel, Lerin, Durness, Lairg, IV27 4QB  (Ward 1)
Nature of Development: Alterations to existing rooms to form new box dormer. 
Recommendation: Grant.

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.

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

6.6 Applicant: Lloyds Banking Group, Bank of Scotland, 23 High Street, Fortrose, IV10 8SX (17/03019/LBC) (PLN/056/17)
Location: 23 High Street, Fortrose (Ward 9)
Nature of Development: Removal of external signage and ATM with associated repairs. 
Recommendation: Grant.

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.

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

6.6 Applicant: Barrie Robertson (17/03270/FUL) (PLN/057/17)
Location: Land 30 m East of 1 Reay, Thurso  (Ward 02)
Nature of Development: Erection of general storage shed measuring 9.144 m wide x 15.240 m long x 5.800 m high (in retrospect to adjust from 15/00850/FUL).
Recommendation: Grant.

There had been circulated Report No PLN/051/17 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed therein.  This application was retrospective as the original plan submitted with the permission did not correspond with the building as built. 

Members’ comments included the following:

• could assurance be given that this building was for domestic purposes only and that this would be monitored;  
• clarification was sought on the enforcement powers of the planning authority;  and
• did the number of objectors correspond to the original application.

The Planning Officer responded to Members comments as follows:

• this building was for domestic purposes and not for business use, the public monitored this and as there had been objections, it is likely that Planning would be notified of any use other than domestic;
• there would be no external storage;
• although the built shed was different from the original planning application, this size of shed would also have been approved had it been originally applied for;
• each application was taken on its own merits and enforcement action could be taken; and
• this application had more objectors than the original application.

The Clerk further clarified that the Council had a number of powers for enforcement including: Breach of Condition Notice; Enforcement Notice; Stop Notice or seeking an interdict.

The Committee agreed to GRANT subject to the conditions detailed in the report.

7.  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

7.1 Applicant: Cogle Moss Renewables LLP (15/02769/FUL) (PPA-270-2166)
Location:  Land 477 metres North of Blackpark, Watten, Wick, KW1 5UL
Nature of Development: Erection of 12 wind turbines up to 100 metres blade tip height and associated infrastructure

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been allowed and planning permission granted subject to the conditions detailed in the decision notice.  

7.2 Applicant: Ms Lorraine Cole (17/01919/PNO) (PAC-270-2000)
Location:  8 Crakaig, Loth, Helmsdale, KW8 6HP  
Nature of Development: Erection of general purpose agricultural building.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been dismissed and planning permission refused for the reasons stated in the decision notice.  

7.3 Applicant: David Gill (16/02104/FUL) (PPA-270-2167)
Location:  Rosskeen Farm, Invergordon
Nature of Development: Erection of agricultural anaerobic digester plant.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been allowed and planning permission granted subject to the conditions detailed in the decision notice. 

7.4 Applicant: Lee-Mac Properties Ltd (16/05054/FUL) (PPA-270-2172)
Location:  10A to 10E Main Street, Golspie, KW0 6RH
Nature of Development: Conversion of offices to domestic flats on two floors at first and second storey with entry at ground floor.

The Committee NOTED that the appeal to the Scottish Government’s Planning and Environmental Appeals Division had been allowed and the planning permission granted by the Council varied by deleting conditions 1, 2, 3 and 4 and substituting those conditions detailed in the decision notice.  

There being no further business the meeting closed at 2.40 pm.