Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 24 April 2018 at 10.30 am.

Committee Members Present:

Mr R Balfour
Mr A Baxter (excluding items 5.9 – 6.1)
Mr B Boyd
Ms C Caddick
Mr G Cruickshank (excluding items 5.3 – 6.1)
Mrs M Davidson
Mr L Fraser (excluding items 1 – 5.2)
Mr J Gray (excluding item 5.10)
Ms P Hadley (excluding items 1-2 and 5.2)
Mr T Heggie
Mr A Jarvie
Mr B Lobban
Mr R Laird
Mr R MacWilliam
Mr N McLean (by video-conferencing) (excluding item 5.2)
Mr B Thompson (excluding items 5.1 and 5.3)

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 K McCorquodale, Principal Planner
Mr S Hindson, Acting Principal Planner
Ms J Bain, 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 (Items 1 – 5.9 and 6.1)

Ms C Caddick in the Chair (Item 5.10)

Preliminaries

The Chairman confirmed that the meeting would not be filmed and webcast due to a technical fault.

Business

1. Apologies for Absence 
Leisgeulan

There were no apologies for absence.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.2 – Mr N McLean (financial)
Item 5.10 - Mr J Gray (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 13 March 2018 which was APPROVED.

4. Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLS/024/18 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 since publication of the report a full application had been submitted in relation to the proposed increase in capacity at the previously consented Coire Glas hydro scheme near Loch Lochy.  This application would appear on the next major development report to the Committee.

The Committee NOTED the current position.

5. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.2
Applicant: Georope Ltd (18/00163/FUL and 18/00164/LBC) (PLS/026/18 and PLS/027/18)
Location: Achara House, Duror, Appin, Lochaber, PA38 4BW. (Ward 21)
Nature of Development: Change of use from house to hotel, alteration and extension, conversion of outbuildings to bedrooms, installation of treatment plant, formation of access, formation of internal roads.
Recommendation: Grant.

In accordance with Standing Order 18, the Committee AGREED that this item be taken at this point of the meeting.

Declaration of interest – Mr N McLean, as the applicant, declared a financial interest in this item and left the video conferencing room for the duration of the item.

There had been circulated Report Nos PLS/026/18 and PLS/027/18 by the Area Planning Manager – South/Major Developments recommending the grant of the applications, subject to the conditions detailed in the reports.

Mrs S Macmillan presented the reports and recommendations.

The Committee agreed to GRANT planning permission and listed building consent subject to the conditions recommended in the reports.

5.1
Applicant: Capital Developments Ltd (18/00714/FUL) (PLS/025/18)
Location: 76-79 Academy Street, Inverness. (Ward 14)
Nature of Development: Proposed residential and mixed retail/office development.
Recommendation: Grant.

There had been circulated Report No PLS/025/18 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, during which he advised of a correction under matters to be secured by Section 75 Agreement at 8.52 of the report, to read that the contributions to enhancement of secondary education provision was £562 per 2 bedroom flat, which would give a total education contribution of £10,116.

In response to questions, it was confirmed that:-

• An analysis of the overshadowing arising from the proposed development had been produced by the applicant using computer software and showed the potential impact at four specific times during the year.
• Whilst the proposed development could extend the overshadowing to the dormer windows on some properties in Deacons Court, these properties already experienced overshadowing on the ground floor.
• The proposed development did not present any real impact in terms of overshadowing of the adjacent church hall.
• Management of refuse collection for both the retail and office units and the residential properties would be undertaken by private contract.
• Dunbar’s Hospital and the Rose Street Foundry were listed buildings.
• The proposed housing would all be provided as affordable housing and it was likely to be mid-market rental properties provided through the Highland Housing Alliance and the Council.

Comments raised during discussion included the following:-

• Whilst the proposal to develop retail and residential units within this part of Inverness was welcomed, concern was expressed regarding the height of the proposed development and that the resultant overshadowing could have a detrimental impact on the surrounding buildings.
• Concern was expressed that the proposed design of the development could repeat the mistakes made with the existing Ponta Hotel building which was considered unflattering and have a similar negative impact on the character of the west side of Academy Street.
• It was difficult to develop a building on Academy Street that could be considered both viable and appropriate within the context of the surrounding streetscape.
• It was considered that the height of the proposed building would not create a significant difference in the amount of overshadowing arising from the development.
• In acknowledging the considerable efforts made by planning officers to bring forward an application on this site, it was highlighted that some of the older historic buildings on Academy Street were fairly tall and that whilst the proposed development might not add to the design of the street, it was a question of whether it could detract from the design.
• In recognising the concern regarding the potential impacts arising from regeneration of the application site, it was suggested that the proposed development could compound previous design mistakes made on Academy Street.
• The proposed development would not be out of keeping with the character of the surrounding area as there were already a number of buildings which were not considered to have architectural value.
• Given its location within the city centre, the proposed development was considered appropriate.
• The proposed development was considered an innovative use of space and aspired to be good design.
• Whilst the proposed design might not be considered an improvement on some of the existing buildings, the proposed development represented an opportunity to provide affordable housing in the centre of Inverness.

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

5.3
Applicant: Mr Andrew Reid (17/05908/FUL) (PLS/028/18)
Location: Cottage, Lower Muckovie, Inshes, Inverness. (Ward 19)
Nature of Development: Redevelopment to provide new house with access.    
Recommendation: Refuse.

There had been circulated Report No PLS/028/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application for the reasons detailed in the report.

Mr D Mudie presented the report and recommendation.

In response to questions, it was confirmed that: -

• The Occupational Needs Assessment submitted by the applicant had been assessed by an independent agricultural consultant on behalf of the Council.
• The previous application had been refused on the basis that the remains of the cottage no longer exhibited the basic characteristics of a house as defined in the Supplementary Guidance and the proposal could not, therefore, comply with policy.
• As the proposed business on the adjacent land could take time to grow into a viable operation and there were no guarantees as to how long this could take, there was currently no requirement for somebody to be located on site to manage the business.
• The proposed development would reuse the existing footprint but would also extend beyond it.
• The applicant did not own the land or any livestock and had not therefore demonstrated any current farming need; therefore, there were insufficient grounds to support the development of a house on the basis of agriculture need.
• The inclusion of an additional access track within the application had been proposed by the case officer.

During discussion, comments included the following:-

• The application was speculative as the justification for building a house on the site was dependent on the development of the proposed farming business.
• Concern was expressed that approval of the application could set a precedent as the proposed development did not meet any of the exceptions contained in Policy 35 “Housing in the Countryside (Hinterland Areas)” of the Highland-wide Local Development Plan.
• It was suggested the aspiration of the applicant to start a business should not prevent them from being able to build a house on the site.
• The existing building within the site could be considered still to represent the form of a house.
• Whilst there could be potential for the existing site and building remains to be used as part of a redevelopment, there was no agricultural or rural business justification to build a house within the site.

The Chairman, seconded by Mr B Lobban moved that the application be refused for the reasons recommended in the report.

Mr A Jarvie then moved as an amendment that the application be granted on the grounds that the applicant had satisfactorily demonstrated that a house was essential for the management of the proposed rural business but having failed to find a seconder the amendment failed.

The Committee therefore agreed to REFUSE planning permission for the reasons recommended in the report.

5.4
Applicant: Aberdeen UK Property Fund (17/05466/FUL) (PLS/029/18)
Location: Land North of McDonald’s Inshes Retail Park, Sir Walter Scott Drive, Inverness. (Ward 19)
Nature of Development: Erection of Class 3 restaurant with drive thru facility including take away function for consumption of hot food off the premises including adjusted car parking and outdoor seating area.
Recommendation: Refuse.

There had been circulated Report No PLS/029/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application for the reasons detailed in the report.

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

5.5
Applicant: Yeoman Glensanda (17/05155/FUL) (PLS/030/18)
Location: Glensanda Quarry, Glensanda, Morvern. (Ward 21)
Nature of Development: Formation and operation of up to three finger lagoons and ancillary pipe work by the extraction of rock for the management of silt and installation of 500kw hydro-electric power plant and associated infrastructure.
Recommendation: Grant.

There had been circulated Report No PLS/030/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application subject to the conditions detailed in the report.

Mr K McCorquodale presented the report and recommendation, during which he recommended that an additional condition be included to secure the review of the existing restoration bond to include the works arising from this application and other approvals since the grant of planning permission Ref. 05/00334/FULLO, as recommended at paragraph 8.45 of the report.

In response to questions, it was confirmed that:-

• The sediment produced by the silt extraction solidified over time and the water being pumped into the settlement lagoon would be diverted into the next lagoon.
• The hydro-scheme would not counteract the energy used to pump the water up the hill; however, it would provide the quarry area with 500kw per year during the system’s operation.

During discussion, comments included the following:-

• Whilst disappointment was expressed that some of the supporting information was missing from the Environmental Impact Assessment Report, the national importance of the quarry as a supplier of rock, and its importance in providing employment were emphasised and it was considered that the proposed development would not detract from the existing infrastructure already located within the site.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and an additional condition to secure the review of the existing restoration bond to include the works arising from this application and other approvals since the grant of planning permission Ref. 05/00334/FULLO, as recommended at paragraph 8.45 of the report.

5.6
Applicant: Mr Michael Thorp (17/05008/FUL) (PLS/031/18)
Location: Taigh Geal, Bunloit, Drumnadrochit. (Ward 12)
Nature of Development: Erection of house.
Recommendation: Grant.

There had been circulated Report No PLS/031/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

The Committee NOTED that determination of this application had been deferred.

5.7
Applicant: Neacreath Ltd (17/05258/FUL) (PLS/032/18)
Location: Land at Distillery Wood, Tomatin, Inverness. (Ward 19)
Nature of Development: Erection of house for holiday let, installation of septic tank and soakaway.
Recommendation: Grant.

There had been circulated Report No PLS/032/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application subject to the conditions detailed in the report.

Mr J Kelly presented the report and recommendation.

During discussion, comments included the following:-

• The buildings currently located within the site were an eyesore and any proposal that could be considered an improvement on the existing appearance of the site would be welcomed.
• Whilst it was acknowledged that concern had been raised locally that the proposed development could set a precedent for future applications for accommodation in this area, it was considered that the application site was brownfield and therefore it was unlikely any of the surrounding sites would be considered appropriate for future housing development as they were protected forestry land.

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

5.8
Applicant: The Highland Council (18/00333/FUL) (PLS/033/18)
Location: Inverness Museum and Art Gallery, Castle Wynd, Inverness. (Ward 14)
Nature of Development: Placement of metal fins with integrated lighting along access routes to the museum entrance & external improvements to facade of public toilets.          
Recommendation: Grant.

There had been circulated Report No PLS/033/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application subject to the condition detailed in the report.

Mr J Kelly presented the report and recommendation.

In response to questions, it was confirmed that: -

• The steel design of the metal fins would make them robust and difficult to be vandalised.
• No external cladding was proposed on the façade of the building.
• Whilst refurbishment of the Castle Steps down to the junction with Castle Road was not proposed within the application as it did not require planning permission, this work would be undertaken as part of the wider street scape project.

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

5.9
Applicant: Robertson Homes Limited (12/01832/S42) (PLS/034/18)
Location: Land at Craig Dunain Hospital, Westercraigs, Inverness. (Ward 13)
Nature of Development: Application for non-compliance with Conditions 1, 6 and 14 of planning permission 03/00676/OUTIN for residential development and associated infrastructure based upon submitted Master Plan (as amended) (550 houses).
Recommendation: Refuse.

There had been circulated Report No PLS/034/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application for the reasons detailed in the report.

The Committee was advised that the applicant was now in a position to present the Section 75 legal agreement, which was required as a precondition of the Committee’s previous decision to grant this application, for registration.

The Committee agreed to DEFER this item to the next meeting of the Committee and AGREED to grant delegated power to the Area Planning Manager – South/Major Developments to issue the planning permission if, in the interim, the applicant provided evidence that the Section 75 legal agreement had been presented for registration.

6. Decision 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

In accordance with Standing Order 18, the Committee AGREED that this item be taken at this point of the meeting.

6.1
Applicant: Garten 1 LLP (PPA-270-2185) (17/03827/FUL)
Location: Moorfield House, Deshar Road, Boat of Garten, PH24 3BN. (Ward 20)
Nature of Development: Change of Use from Guest House (Class 7) to Dwelling/Holiday Let (Class 9) and alterations.

The Committee NOTED the decision of the Reporter to allow the appeal and vary the terms of the planning permission by deleting Conditions 1 and 2.

5. Planning Applications to be Determined (continued)
Iarrtasan Dealbhaidh rin Dearbhadh

5.10
Applicant: Mr J Gray (18/00947/FUL) (PLS/035/18)
Location: Pembroke, 18 Beaufort Road, Inverness, IV2 3NP. (Ward 16)
Nature of Development: Extension to house.
Recommendation: Grant.

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

Ms C Caddick took the Chair for the remainder of the meeting.

There had been circulated Report No PLS/035/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application.

Ms J Bain presented the report and recommendation.

The Committee agreed to GRANT planning permission.

The meeting ended at 12.15 pm