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 6 March 2018 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference), Mrs I Campbell, Ms K Currie, Mr M Finlayson,  Mr R Gale, Mr J Gordon, Mr D MacKay (excluding Items 3 - 5.1), Mr C MacLeod, Mr D MacLeod, Mrs M Paterson, Mr A Rhind, Mr K Rosie, Mr A Sinclair and Ms M Smith.

Non-Committee Member Present:

Mrs J Barclay

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mr B Robertson, Team Leader
Mr G Sharp, Planner
Ms G Webster, 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

Apologies for absence were intimated on behalf of Mr C Fraser and Mrs A MacLean.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 – Mr D MacKay (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 23 January 2018 which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/010/18 by the Head of Planning and Environment 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 Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Orenda Energy Station (17/01900/FUL) (PLN/011/18)
Location:  Land 440 m SE of Cnoc na Gaoithe, Murkle, Thurso (Ward 2)
Nature of Development: Installation of a 49 kW wind turbine with height to tip of 33.471 m, height to hub of 23.4 m and a rotor diameter of 18.9 m
Recommendation: Grant. 

Declaration of Interest – Mr D MacKay declared a non-financial interest in this item on the basis that he considered he had pre-determined the application and left the Chamber for the duration of this item.

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  The Planning Officer circulated further visualisations.  

The Planning Officer responded to Members’ questions as follows:

• the applicant’s property was the nearest property to the development, the next nearest residential property to the development was 400 m from the nearest turbine and the impact on properties had been addressed in the report;
• in terms of the natural heritage referred to in Policy 57 of the Highland-wide Local Development Plan, there was no landscape designations covering the site, the Historic Environment had been consulted and had no issues therefore the development was deemed to be in accordance with Policy 57;
• there had been multiple applications from this applicant for single turbines of which several had been approved and some were still pending, those recommended for approval under delegated powers with objections would be brought to the Committee and those refused under delegated powers would be notified to the Ward Members in the normal way; and
• the cumulative impact of those applications coming forward would be assessed as each application became ready for determination.

The Planning Manager advised that the concerns of the Community Council had been taken into account and this application had been brought to Committee because of the objection by the Community Council.  He further advised that the statutory consultees in relation to wildlife and birds had been consulted and had not objected, the RSPB although not a statutory consultee had also not objected to this application. 

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

5.2 Applicant: Mr Magnus Beveridge (17/04250/FUL) (PLN/012/18)
Location: Land 75 m SE of Shamba, 151 Skinnet, Talmine, Tongue (Ward 1)
Nature of Development: Installation of 4 bothies, upgrade of access and installation of septic tank and soakaway.
Recommendation: Refuse.

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

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

• information had been requested from the applicant on road displays and cross sections and this had not been forthcoming;
• the visual impact and energy efficiency of windows in a scenic area had to be taken into account and if the application was to be approved alternative windows would be preferable to those stated by the applicant; and
• pre-application advice had been sought and the applicant had been advised that the planning department could not support the application due to concerns with the siting, an offer of a consultation to discuss alternative sites was not taken up.

Following discussion, Ms K Currie, seconded by Ms M Smith, moved that the application be deferred to allow the Planning Service and the applicant to discuss a re-design of the proposal or to move it to the landward side of the road. 

Members asked that the Planning Service write to the applicant to start the discussion process.

There being no amendment, the Committee agreed to DEFER a decision on this application to allow the Planning Service and the applicant to discuss re-design of the proposal or to move it to the landward side of the road. The Planning Service to write out to the applicant to start this process.

5.3 Applicant: Mr Peter Williamson (17/04356/FUL) (PLN/013/18)
Location: Land 30 m NW of Sgurr Alasdair, 10 Torrin, Broadford (Ward 10)
Nature of Development: Erection of house and shed.
Recommendation: Grant.

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.

The Planning Officer detailed an additional condition to be included within the permission should the Committee be minded to grant the application.

The Planning Officer responded to Members’ questions as follows:

• clarity was given on the extent of the road the applicant would tar with sky marble;
• an improvement to the visibility display at the junction with the road required to be demonstrated before the development could commence;
• neighbour notifications, in line with national legislation, had been sent to recognised postal addresses within a 20 metre buffer zone;
• from the 16 objections, 7 had received a neighbour notification;
• the Depute Chief Executive of the Crofters Commission had been contacted on several occasions but the Crofters Commission had not responded;
• the land was common grazing and not croft land;
• the height of the development was similar to the height of the house approved by the previous extant planning permission and would be smaller in comparison to Sgurr Alasdair;
• the previous application had been for a single storey 3 bedroom traditional house as shown in the presentation;
• from the southern side of the village you don’t see the site at all, you only see the site from the northern side when you are coming away from Blaven, therefore the development would not impact on the view to Blaven and the Cuillin Hills; 

Members had been disappointed in the lack of response from the Crofters Commission as a Statutory Consultee and asked that the Planning Service write to the Crofting Commission about its lack of response to consultations on planning applications. 

Members recognised that approximately 50% of the population in that area had objected to the application. 

Mr J Gordon, seconded by Mr D MacLeod, moved that the application be refused for the following reason:

The principal concern with this proposed development was the design chosen which in Members’ opinion led to non-compliance with various policies of the HwLDP, as follows:

1. The design of the proposed development was judged to be significantly detrimental in terms of  bullet point 10 of Policy 28 of the HwLDP as the proposed design was not considered to be in keeping with local character;
2. The application was considered to be contrary to Policy 29 of the HwLDP as the design was not considered to make a positive contribution to architectural and visual quality of the place in which it was to be located;
3. As the proposed development was not considered to accord with Policy 28, it therefore could not comply with Policy 34 of the HwLDP despite being located in the settlement development area;
4. By virtue of the design of the proposed development not having a pitched roof, the proposed development was considered to be an inappropriate form of development and therefore was in breach of Policy 61 of the HwLDP.

Ms M Smith, moved as an amendment that the application be granted.  There being no seconder the amendment fell.

The Committee thereafter agreed to REFUSE for the reasons stated above.

Members requested that the Planning Service write to the Crofting Commission about its lack of response to consultations on planning applications.

5.4 Applicant: Thurso Baptist Church (17/05519/FUL) (PLN/014/18)
Location: James Traill House, Thurso Business Park, Thurso, KW14 7XW (Ward 2)
Nature of Development: Change of use of office to place of public worship.
Recommendation: Refuse. 

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.

The Planning Officer responded to Members’ questions as follows:

• the building was at the entrance to the business park, there was no proposal to change the entrance to the business park as this would be very expensive;
• having looked at other sites this was the applicant’s preferred site, however this site was designated for business use (Class 4) within existing policy;
• the business park was approximately one mile from the centre of town; and
• another site within the business park had been given permission for a similar Class 10 use.

On a question from Members on whether a church could now be classed as a business use (Class 4) following the diversification of churches, the Planning Manager responded that ecclesiastic churches were classified under planning legislation as Class 10, the existing use of this office space was a Class 4 light industrial general use. 

Mr D MacKay, seconded by Mr K Rosie, moved that the application be granted for the following reasons:-

1.  No other suitable buildings had been identified in Thurso Town Centre for this proposed use. The Church’s existing premises on Millbank Road are too small and therefore have become unsuitable for the number of people attending the Church. Limited parking is available at the existing premises and the close proximity to the fire station leads to parking congestion in this location.

2.  Approval of this change of use would mean James Trail House being utilised and being brought back into a good state of repair. Approval of the application would not only be of benefit to the Church and its congregation but also to the wider Thurso community. The new premises would offer increased parking and good accessibility to Churchgoers. Members indicated that the building had struggled to find a suitable tenant and approving the change of use application would be a solution to that problem.

3.  Members were of the view that there wasn’t a shortage of office space in Thurso and with the rundown of Dounreay, sadly, there was likely to be less demand for this type of floorspace.

4.  In the circumstances, while it was acknowledged that the proposed change of use would be contrary to Policy 41 of the HwLDP and the allocation within the Caithness Local Plan as continued in force, Members felt that the loss of this office space would not be detrimental to the Thurso Business Community due to sufficient office space to meet demand already being available.  In addition, Members considered that the  proposed use would be an appropriate use at this location and allowing the applicant to move to James Trail House would relieve parking congestion at the applicant’s current premises within the town centre.

There being no amendment, the Committee agreed to GRANT subject to conditions to be drafted for the approval of the Chair and local members, for the reasons stated above.

5.5 Applicant: Mr Alan Whiteford per Sutherland Drawing Services (17/05803/FUL) (PLN/015/18)
Location: Land 230 m SE of The Glebe, Kildary (Ward 7)        
Nature of Development: Erection of house.
Recommendation: Grant.

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.

The Planning Officer responded to Members’ questions as follows:

• the Council would be responsible for the maintenance of the passing place as the road had been adopted. 

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

5.6 Applicant: Mr Neil MacLean (17/05293/FUL) (PLN/016/18)
Location: Land 60 m SW of Fon Tobar, 8 Lower Milovaig, Skye (Ward 10)
Nature of Development: Erection of earth sheltered house, formation of access and installation of septic tank and soakaway.
Recommendation: Approve 

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.

The Planning Officer responded to Members’ questions as follows:

• Building Standards were satisfied that foul drainage could be achieved to meet their requirements.

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

6.      Major Developments – Pre-application consultations
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais

6.1  Description: Extension to wind farm – erection of nine 3 mW turbines (installed capacity 26 mW) and associated infrastructure works (18/00682/PAN) (PLN/017/18)                
Ward: 5 – Wester Ross , Strathpeffer and Lochalsh
Applicant: Infinergy Limited
Site Address: Land between Lochluichart and Loch Glascarnoch, Garve.

There had been circulated Report No PLN/004/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.

The Planning Officer clarified that:

• The reference to “search areas for wild land” in para 3.4 of the report should now refer to “Wild Land Areas”.

The Committee agreed to NOTE the submission of the PAN. The Committee had no additional material issues to add.

There being no further business the meeting closed at 1.35 pm.