Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee which commenced at 9.30 am with a site visit to application site on Land 150M SW of Salix, Dalcroy Road, Croy (Item 5.1) and reconvened at 11.00 am in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 13 March 2018.

Committee Members Present:

Mr B Allan (substitute) (excluding items 5.1 and 5.2)
Mr R Balfour
Mr J Bruce (substitute) (excluding item 5.2)
Mr B Boyd (excluding item 5.1)
Ms C Caddick
Mr G Cruickshank (excluding item 5.2)
Mrs M Davidson (excluding item 5.2)
Mr L Fraser
Mr J Gray
Mr T Heggie (excluding item 5.2)
Mr A Jarvie (excluding items 6.4-6.6)
Mr B Lobban (excluding item 5.2)
Mr R MacWilliam (excluding items 6.4-6.6)
Mr B Thompson (excluding items 5.1, 6.3 and 6.5-6.6)

Non Committee Members Present:

Mrs T Robertson (items 1-5.1 only)

Officials in attendance:

Ms N Drummond, Area Planning Manager South/Major Developments
Mrs S Macmillan, Team Leader
Mr B Robertson, Team Leader
Mr M Clough, Senior Engineer, Transport Planning
Mr K Gibson, Principal Planner
Mr K McCorquodale, Principal Planner
Mr S Hindson, Acting Principal Planner
Mr J Kelly, Planner
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor (Regulatory Services)
Mr S Taylor, Administrative Assistant

Mr J Gray in the Chair

Preliminaries

The Chairman 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.

Business

1. Apologies for Absence
Leisgeulan

Apologies for absence were intimated on behalf of Mr A Baxter, Ms P Hadley, Mr R Laird and Mr N McLean.

2. Declarations of Interest 
Foillseachaidhean Com-pàirt

Item 6.3 – Mr B Thompson (financial)

3. 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 30 January 2018 which was APPROVED.

4. Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLS/015/18 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 response to a question, it was confirmed that a full application would be submitted in due course in relation to the proposed development at Drum Farm, Drumnadrochit (application reference 17/05018/PAN).

The Committee NOTED the current position.

5. Continued Items~
Cuspairean a' Leantainn

5.1
Applicant: Scotia Homes Ltd (17/02509/FUL) (PLS/013/18)
Location: Land 150M SW of Salix, Dalcroy Road, Croy. (Ward 17)
Nature of Development: Erection of 100 houses, retail unit and café
Recommendation: Grant

There had been circulated Report No PLS/013/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report and the prior conclusion of a Section 75 legal agreement.

A site visit had taken place earlier that morning attended by the following Members: Mr R Balfour, Mr J Bruce, Ms C Caddick, Mr G Cruickshank, Mrs M Davidson, Mr L Fraser, Mr J Gray, Mr T Heggie, Mr A Jarvie, Mr B Lobban, Mr R MacWilliam and Mrs T Robertson (as Local Member). Only those Members who had attended the site visit and were present at the meeting took part in the determination of the application.

Mr J Kelly presented the report and recommendation, during which he advised that the transfer of an area of land to the south of Croy School, which was currently in the ownership of the applicant, at nil cost to the Council had been agreed in principle with the applicant.

In response to questions, it was confirmed that:-

• Whilst no part of the proposed development would be pedestrianised, it had been designed to be pedestrian and cyclist friendly.
• Whilst initial designs had included some shared surfaces, these had subsequently been amended to include footpath provision to enable access to school routes and connectivity from the south to the north of the site.
• Maintenance of Croy Burn was proposed as part of the overall maintenance and management scheme required of the on-site green spaces, play areas and any other spaces under Condition 10 within the recommendation.
• A condition had been included within the recommendation to allow the Finished Floor Level (FFL) of the buildings an additional 600mm of freeboard above the design flood level to ensure that the houses could be constructed higher than any potential flood risk that could occur on the site.
• A condition had been included within the recommendation requiring details of further public footpath connectivity improvements, including from the new access onto the B9006 along the existing cottages on Croy Road and along Dalcroy Road to the primary school.
• Details of the proposed street lighting on the main road could be submitted as part of the road construction consent process.
• The area of land to the south of Croy School proposed to be transferred into the ownership of the Council would not require any maintenance costs.
• The Flood Risk Management Team had indicated that they would expect the potential flood risk on the road to be addressed in the final design scheme for the drainage of the site and technical information regarding drainage rates would have been a consideration in the Flood Risk Management Team’s assessment of the application.
• The conditions included within the recommendation had taken into consideration the advice and suggestions made by SEPA and the Flood Risk Management Team to ensure that the drainage structure proposed would be fit for purpose.
• Condition 16 within the recommendation set out the visibility splay required from the new access road at its junction with the B9006 and the applicant would have to demonstrate that this could be achieved before development could commence.
• Substantial discussions had taken place with the applicant regarding the requirement for developer contributions towards education and it was projected that the current capacity of Croy Primary School would be able to cope with any increase arising from the proposed development.
• In the longer term, any future capacity issues at Croy Primary School which could arise from future development taking place in the surrounding area could be mitigated with the construction of the proposed new school at Tornagrain.
• The level of developer contributions which had been sought from the applicant had been derived following discussions with Education and took into account the new draft supplementary guidance on developer contributions.
• All foul drainage within the site would be connected to the public sewer and that drainage of surface water was proposed as follows:-
  • the northern section of the site would drain to a private SUDS system and discharge to the existing surface water public sewer located in Dalcroy Road.
  • the remaining larger housing area would drain to a separate SUDS facility to the southwest and discharge to the existing burn. 
  • a second level of treatment would include a swale adjacent to Croy Burn.
• Reassurance was provided that the discharge of the conditions would be closely monitored and that due diligence would be undertaken when the required details to be agreed to by the appropriate parties had been submitted.
• The applicant would be required to apply to Scottish Water for consent prior to the commencement of development in order to control capacity on the site and to ensure that the treatment works was capable of serving the whole site.
• Croy Primary School currently had the capacity to accommodate any increase in the school roll arising from the proposed development.

During discussion, Members’ comments included the following:-

• Concern was expressed that a number of issues which had been recognised by the applicant had not been resolved and that the large number of conditions recommended within the report reflected the outstanding concerns.
• There was potential for an increase in accidents on the B9006 as it was currently being used as an alternative route to the A96 for people commuting to work and it was emphasised that careful consideration should be given to the design of the junction onto the new access route into the site.
• The housing density proposed was considered inappropriate within a site of this size.
• Current road connections towards the new settlement at Tornagrain and Inverness Airport          Business Park were considered unsuitable.
• Reassurance was sought that drainage from the site would not be directly discharged into the Croy Burn in the first instance and that the SUDS system proposed would enable water to be treated prior to any subsequent discharge into the Croy Burn in the event of flooding.
• The Transport Assessment had highlighted a number of outstanding concerns that would require clarification prior to the discharge of conditions within the recommendation.
• Concern was expressed that the capacity of Croy Primary School could be reached prior to the development of a new school at Tornagrain.
• Reassurance was sought that concerns which had been raised in relation to traffic problems and on-site drainage would be addressed prior to the commencement of development.
• It was highlighted that there had been a number of accidents on the B9006 which had necessitated the repairs of walls and fences and that consideration should be given towards a speed limit along the length of the development within the village of Croy.
• It was requested that awareness of the servicing arrangement to be put in place for the track serving 6 houses onto the B9006 during construction be included during discharge of the conditions as there had been no indication as to how these houses would be served in the future.
• The Transport Assessment had been submitted prior to a reduction in the bus timetable in Croy and it was hoped that the proposed development would encourage the bus operators to increase the number of services.
• Widening of Mid Coul Road would be unfeasible due to the close proximity of houses to the road, therefore it would not be possible to fully implement the major upgrading referred to within the Transport Assessment.
• In highlighting problems with flooding on Mid Coul Road, which had necessitated reinforcement works to be undertaken to the road side verge, it was requested that consideration be given to the maintenance of traffic flow on this road as the volume of traffic increases.
• The Scottish Water treatment works at Croy currently had capacity for 220 population equivalent and reassurance was sought that upgrades to the treatment works would be undertaken prior to this capacity being exceeded.
• It was emphasised that careful liaison was required between the applicant, the planning team, local members and the local community during the discharge of conditions and it was suggested that a community liaison group be formed.
• Whilst most villages were accepting of further developments and growth, concern was expressed that the consultation process had left the local community in Croy unhappy at the proposed development.
• The proposed houses would not increase the risk of flooding into the burn arising from surface water drainage.
• Concern was expressed at the lack of a complete road traffic data assessment and an environmental plan for viewing by the Committee.

The Committee agreed to GRANT planning permission, subject to the prior conclusion of a s.75 legal agreement to secure the developer contributions as set out at 8.29 of the report with an additional requirement, as previously agreed with the applicant to sell at nil cost an area of land to the south of the primary school, together with the conditions recommended in the report and a further condition to be inserted for the creation of a community liaison group.

5.2
Applicant: Kirkwood Homes Ltd (17/03396/FUL) (PLS/006/18)
Location: Viewhill, Inverness (Ward 19)
Nature of Development: Application for Planning Permission for Discharge of Planning Conditions attached to planning consent Ref 11/04653/FUL, including those relating to house design, infrastructure and landscaping, proposed development of 16 houses.
Recommendation: Grant.

Mr K McCorquodale presented the report and recommendation.

In response to questions, it was confirmed that:-

• The detail of the natural stone wall at the entrance to the site had not yet been finalised; however, it was intended that this feature would set the context of the materials used on the houses within the site and reflect the character of the surrounding area.
• The original proposed design of the houses did not include the provision of chimneys and the inclusion of chimneys in the revised design catered for an increased demand for wood burning stoves in these types of houses.

During discussion, Members’ comments included the following:-

• The revised design of the proposed houses was welcomed, in particular the cladding and walls, as it helped to break up the suburban housing estate appearance of the development in what was a rural location.
• Whilst the inclusion of chimneys in six of the houses was welcomed, it was felt that this feature should have been included on all the houses within the development.
• The applicant had only applied slight embellishments to a small number of houses and the revised design was not befitting of a development within a conservation area which should be of a more bespoke design suited to the area.
• In terms of the scale of the proposed houses, the proposal was smaller than what had been permitted by the Department of Planning and Environmental Appeals (DPEA) in its decision to allow planning permission for the principle of development..
• It was emphasised that design was subjective and that turning down the application on these grounds could be a highly risky strategy.

No consensus having been reached between the members, Mr A Jarvie, seconded by Mr R MacWilliam, then moved a motion that the application be refused on the grounds that:

• the proposed development does not conserve and enhance the character of the Highland area, nor does it ensure harmony with the surrounding natural landscape of the Conservation Area and furthermore, it compromises the natural environment and heritage resource in which it is located.
• These are not met due to inappropriate building proportions which fail to reflect and preserve the traditional character by reason of the disproportionate relationship of roof and massing to the height to wall head, insufficient use of traditional materials including only limited use of natural stone and extensive use of timber cladding, which as a result fails to enhance the character and appearance of the Conservation Area.
• Thus it is contrary to policy 10 of the Culloden Muir Conservation Area and accordingly policies 29 and 57 of the Highland wide local development plan.

The Chairman, seconded by Mrs C Caddick, then moved as an amendment that the application be granted subject to the conditions recommended in the report.

On a vote being taken, three votes were cast in favour of the motion and five votes in favour of the amendment, with no abstentions as follows:-

Motion

Mr R Balfour
Mr L Fraser
Mr A Jarvie

Amendment

Mr B Boyd
Mrs C Caddick
Mr J Gray
Mr R MacWilliam
Mr B Thompson

The amendment to GRANT planning permission accordingly became the finding of the meeting.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Mr Niall McLean (17/05722/FUL) (PLS/016/18)
Location: West Quarry Depot, Ballachulish. (Ward 21)
Nature of Development: Erection of storage shed.
Recommendation: Grant

There had been circulated Report No PLS/016/18 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.

The Committee agreed to GRANT planning permission.

6.2
Applicant: Scottish Canals (17/05332/FUL) (PLS/017/18)
Location: Land 150m NE of Aldersyde, Gairlochy, Spean Bridge. (Ward 11)
Nature of Development: Erection of 6 no. visitor accommodation pods and services building.
Recommendation: Grant

There had been circulated Report No PLS/017/18 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 a question, it was confirmed that the applicant had given a commitment to providing an enhanced management regime for the proposed development; however, this did not extend into the management of illegal wild camping in the surrounding area as this was outwith the applicant’s control.

During discussion, comments included the following:-

• Concern was expressed that the proposed development could promote unregulated camping and that the lack of a management plan could encourage wild campers to Lochaber.
• Whilst there was a need within the area for this type of accommodation for campers, a viable management plan was required prior to granting of permission.
• Concern was expressed regarding a history of uncontrolled wild camping within the surrounding area and that this had not been addressed by the applicant.
• The proposed development could provide accommodation for campers and the concerns that there was potential for the development to become a party establishment for users was not a material planning issue.
• Consultation with local members in terms of a management plan for the proposed development could be undertaken.

No consensus having been reached between the members, Mr B Thompson, seconded by Mrs M Davidson, then moved that the application be granted subject to the conditions recommended in the report and an additional condition stating that:

No development shall commence until an operational management plan has been submitted to and approved in writing by the Planning Authority in consultation to Local Members. Thereafter the pods hereby approved shall be operated in accordance with the approved management plan, unless otherwise first agreed in writing by the Planning Authority.

Reason: To promote responsible access to the countryside and to provide appropriate arrangements for visitors

The Chairman, seconded by Mr B Lobban, then moved as an amendment that the application be granted subject to the conditions recommended in the report.

On a vote being taken, eight votes were cast in favour of the motion and six votes in favour of the amendment, with no abstentions as follows:-

Motion

Mr B Allan
Mr B Boyd
Mr J Bruce
Mrs M Davidson
Mr L Fraser
Mr T Heggie
Mr R MacWilliam
Mr B Thompson

Amendment

Mr R Balfour
Mrs C Caddick
Mr G Cruickshank
Mr J Gray
Mr A Jarvie
Mr B Lobban

The motion to GRANT planning permission subject to the conditions recommended in the report and an additional condition as stated above accordingly became the finding of the meeting.

6.3
Applicant: Ben and Fiona Thompson (18/00038/FUL) (PLS/018/18)
Location: 2 Erracht, Banavie, Fort William PH33 7PD. (Ward 11)
Nature of Development: Erection of residential annex/holiday letting unit.
Recommendation: Grant

Declaration of interest – Mr B Thompson, as the applicant, declared a financial interest in this item and left the chamber for the duration of the item.

There had been circulated Report No PLS/018/18 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.

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

6.4
Applicant: Cityheart Ltd (18/00330/FUL) (PLS/019/18)
Location: Land 35M North of St Marys Roman Catholic School, Fassifern Road, Fort William. (Ward 21)
Nature of Development: Student accommodation building comprising 40No bed spaces, associated shared and ancillary facilities (amended proposal ref 16/03329/FUL).
Recommendation: Grant

There had been circulated Report No PLS/019/18 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, the following was confirmed:-

• It was proposed that upgrades would be undertaken in relation to the three existing pedestrian crossing points near the proposed development.
• Whilst the potential use of the proposed development for holiday letting in the summer had not been discussed with the applicant, it would be for the applicant to come forward with this proposal and also provide plans as to how to manage this, including arrangements for the use of the car park by tourists.

During discussion, comments included the following:-

• The need for student accommodation within Fort William given the expansion of the University of the Highlands and Islands and West Highland College was emphasised.
• Whilst concern was expressed regarding the management of car parking in the event that the proposed development was subsequently used for holiday accommodation in the summer, it was considered this matter would be dealt with appropriately by officials.
• In welcoming the revised design, it was emphasised that occupancy of the proposed development as tourist accommodation outwith term time should be encouraged.
• It was highlighted that tourist accommodation could be financially more viable for the applicant and it was important to ensure that any loophole regarding the type of accommodation provided by the development would not be exploited.

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

6.5
Applicant: Caledonia Housing Association, Redco Slackbuie Ltd and Robertson Partnership Homes (17/03739/FUL) (PLS/020/18)
Location: Land at Lower Slackbuie Farm. (Ward 19)
Nature of Development: Proposed mixed use development including affordable housing (65no. dwellings), offices, and retail (non-food).
Recommendation: Grant

There had been circulated Report No PLS/020/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report and the prior conclusion of a Section 75 legal agreement.

Mr S Hindson presented the report and recommendation.

In response to questions, the following was confirmed:-

• Whilst it was not proposed that the play area would include any equipment, it would include natural play features contained within it.
• There were play areas with equipment within surrounding developments to the site.
• The number of car parking spaces proposed was in line with Council standards for mixed-use developments.

During discussion, Members’ comments included the following:-

• Whilst welcoming the proposed development, it was highlighted that its location near the southern distributer road could add pressure to existing school rolls in the surrounding area.
• Concern was expressed regarding the proximity of the car parking area to the proposed play area.

The Committee agreed to GRANT planning permission subject to the prior conclusion of a s.75 legal agreement to secure the developer contributions as set out at 8.40 of the report together with the conditions recommended in the report.

6.6
Applicant: Ms Michelle MacPherson (17/05604/FUL) (PLS/021/18)
Location: Lindfields, Balnafettack Road, Inverness, IV3 8QX. (Ward 13)
Nature of Development: Erection of retaining wall, safety barrier and shed (Retrospective).
Recommendation: Grant

There had been circulated Report No PLS/021/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Mr B Robertson presented the report and recommendation.

Comments raised during discussion included the following:  

• In expressing disappointment that planning permission had not been sought in the first instance, it was highlighted that the retaining wall had been installed for safety reasons.
• Whilst the proposal met with planning policies, concerns had been expressed by neighbours regarding the size and appearance of the retaining wall, its foundations and the inclusion of weep holes in its design.

In response to comments raised during discussion, the following was confirmed:       

• The applicant had offered to complete the concrete block wall to an agreed level of finish in consultation with the neighbouring properties.
• There was a soakaway for ground water which acted as part of the drainage solution for both the house and wall and this was currently working correctly.
• The position of the wall and whether it was within the application site or the curtilage of the neighbouring property was a separate legal matter.
• A condition could be included within the recommendation requiring the retaining wall to be finished with an appropriate material and that the proposed finishes could be discussed with Local Members.   

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report together with an additional condition that the retaining wall is finished with an appropriate material.  The proposed finishes are to be in discussion with Local Members.

6.7
Applicant: Mr Michael McHardy (17/05470/FUL) (PLS/022/18)
Location: Land 120M North of Brooklea, Lentran, Inverness. (Ward 12)
Nature of Development: Erect 3 houses with integral garages.
Recommendation: Refuse

There had been circulated Report No PLS/022/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application on the grounds as detailed in the report.

During discussion, Members’ comments included the following:-

• The positioning of the proposed development was not considered to sit within an existing housing group.
• The design of the proposed houses was not considered to be appropriate in the context of the existing pattern of development.
• Concern was expressed regarding the substandard condition of the access road onto the A862.

The Committee agreed to REFUSE planning permission on the grounds as recommended in the report.

6.8
Applicants: Mr Kevin MacKay and Mrs Sonia MacKay (17/05659/FUL) (PLS/023/18)
Location: Land 75m East of Birchwood, 1 Broallan, Beauly. (Ward 12)
Nature of Development: Erection of house and detached garage.
Recommendation: Refuse

There had been circulated Report No PLS/023/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application on the grounds as detailed in the report.

The Committee NOTED that the applicants had requested that their application be withdrawn.

7. 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

7.1
Applicant: Mr G MacBeath (PPA-270-2178) (17/02617/PIP)
Location: Land 15m West of Dalneigh Road, Inverness. (Ward 13)
Nature of Appeal: Erection of Dwelling.

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

7.2
Applicant: Mr Hamish Jack (PPA-270-2180) (16/05671/FUL)
Location: Land 40m north of An Teallach, Nethy Bridge, PH25 3DF. (Ward 20)
Nature of Appeal: Erection of House.

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

The meeting ended at 2.40 pm