Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 12 June 2018 at 10.30 am.

Committee Members Present:

Mr R Balfour
Mr B Boyd
Ms C Caddick
Mr G Cruickshank
Mrs M Davidson (excluding items 1 - 6.7)
Mr L Fraser
Ms P Hadley
Mr T Heggie
Mr A Jarvie
Mr B Lobban
Mr R Laird (excluding items 1 - 6.2)
Mr R MacWilliam
Mr B Thompson

Non Committee Members Present:

Mrs G Campbell-Sinclair (items 5.1 - 6.5 only)
Mr A Henderson (items 6.3 and 6.4 only)
Mr D Macpherson (items 6.8 - 7.3 only)
Mrs T Robertson (items 6.2 and 6.5 only)
Mr P Saggers

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 Gibson, Principal Planner
Mr K McCorquodale, Principal Planner
Ms L Prins, Principal Planner
Mr J Kelly, Planner
Ms S Blease, Principal Solicitor (Clerk)
Miss C McArthur, Solicitor (Regulatory Services)
Mr S Taylor, Administrative Assistant
Mrs C MacIver, Committee and Elections Officer

Ms C Caddick in the Chair

Preliminaries

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.

Business

1. Apologies for Absence 
Leisgeulan

Apologies for absence were intimated on behalf of Mr A Baxter, Mr J Gray and Mr N McLean.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

None.

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 24 April 2018 which was APPROVED.

4. Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLS/036/18 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 speaking to the report, the Team Leader confirmed the following:-

• Following its deferral at the previous meeting of the Committee and agreement to grant delegated powers to the Area Planning Manager to issue planning permission should the applicant provide evidence that the section 75 legal agreement had been registered, application 12/01832/S42 at Craig Dunain Hospital, Westercraigs, Inverness had now been granted planning permission by the Area Planning Manager following the confirmed registration of the Section 75 legal agreement by the applicant;  and
• In relation to applications 18/00760/FUL on Land 325M SW of Whitebridge Cottage, Auchteraw, Fort Augustus and 18/01564/S36 at Coire Glas, North Laggan, it was confirmed that these were both national developments and would subsequently be determined by full Council at a later date.

The Committee NOTED the current position.

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

5.1
Description: Extension to Banavie Quarry to incorporate revised working and progressive restoration, together with the extension of quarry operations until 2043. (18/01600/PAN) (PLS/037/18)
Ward: 11 – Caol and Mallaig
Applicant: Breedon Northern Ltd.
Site Address: Banavie Quarry, Banavie, Fort William.

There had been circulated Report No PLS/037/18 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 further material planning considerations they wished brought to the applicant’s attention other than those identified in the report.

5.2
Description: Notification of Proposed development includes residential (approx 200 units), commercial, hospital & community uses. The works on site will also include creation of landscape, peat bog and habitat areas. (18/01823/PAN) (PLS/038/18)
Ward: 11 – Caol and Mallaig.
Applicant: The Highland Council.
Site Address: Land 400M NE of Blar Mhor Industrial Estate, Lochyside, Fort William

There had been circulated Report No PLS/038/18 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 further material planning considerations they wished brought to the applicant’s attention other than those identified in the report.

5.3
Description: Amendment to site layout and extension. (18/02060/PAN) (PLS/039/18)
Ward: 20 – Badenoch and Strathspey.
Applicant: Rothiemurcus Estate.
Site Address: Rothiemurcus Caravan and Campsite, Aviemore.

There had been circulated Report No PLS/039/18 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 the following material planning consideration they wished brought to the applicant’s attention:-

• Consideration as to how the application affects the ecology of the area, including natural heritage, protected species and visual impact.

together with the other material considerations identified in the report.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicants: Mr and Mrs Ewan Roy (17/04787/FUL) (PLS/040/18)
Location: Strathleven, 12B Glencoe, Ballachulish, PH49 4HS. (Ward 21)
Nature of Development: Erection of 2 no extensions to house, erection of building to form cattery & erection of building to form dog kennels.
Recommendation: Refuse.

There had been circulated Report No PLS/040/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application on the grounds as detailed in the report.

Mrs S Macmillan presented the report and recommendation.

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

6.2
Applicant: Loch Leven Hotel (18/01291/FUL) (PLS/041/18)
Location: Loch Leven Hotel, Old Ferry Road, North Ballachulish, Fort William, PH33 6SA. (Ward 21)
Nature of Development: Installation of six camping pods.
Recommendation: Grant.

There had been circulated Report Nos PLS/041/18 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 Nether Lochaber Community Council had submitted a representation through the Development Plan process expressing concern at the lack of spare capacity at the North Ballachulish Waste Water Treatment Works.  Scottish Water had confirmed that, in its view, there was sufficient capacity within the public sewer to accommodate the proposed development and SEPA had also expressed their support to connect to the public sewer.

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

6.3
Applicant: Mr Jon Sellers (17/02619/PIP) (PLS/042/18)
Location: Land 570M NE of Sandaig Bay, Inverie, Knoydart. (Ward 11)
Nature of Development: Erection of house on Plot 1.
Recommendation: Refuse.

There had been circulated Report No PLS/042/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application on the grounds as detailed in the report.

Ms L Prins presented the report and recommendation.

In response to questions, it was confirmed that:-

• the settlement area at Sandaig currently comprised of two to three substantial properties including a large house which was used as one property with an annex and a cottage located 0.5 miles away from the proposed development;
• the proposed house, together with the second proposed house (app ref.17/02631/PIP) would be constructed on the north-side of the plots which would back on to the public road;
• Inverie was the closest settlement area that had nearby facilities, including a school and a shop,  which was located 4 miles away from the site; and
• the Council would have an obligation to provide school transport.

During discussion, Members’ comments included the following:-

• the community and members of the Knoydart Foundation fully supported the concept of development at the proposed location;
• the site was located next to a burn where historically there would have been shielings or creel houses;
• there was ample housing located around Morar and on the sleat peninsula of Skye;
• the plots would not require any new access road, and each would have their own septic tank, soakaways and private water;
• the design should be a style that fits in with the existing settlement pattern;
• the proposed development was not considered to be too far away from the local facilities; and
• the plots were sited at the bottom of the hill and the proposed development was considered sensitive to the surrounding area.

 The Committee agreed to GRANT planning permission in principle for the following reasons:

• the proposed development complied with Policy 36 of the Highland-wide Local Development Plan and Housing in the Countryside Supplementary Planning Guidance due to its proximity to the road junction, relationship to Sandaig and due to the elevated ground to the rear of the site.  The proposed development, therefore, would not detract from the Knoydart National Scenic Area by virtue of its siting.

The Committee also granted delegated powers to the planning case officer to attach appropriate conditions to the planning permission in principle in consultation with the Chair and local members.

6.4
Applicant: Mr Jon Sellers (17/02631/PIP) (PLS/043/18)
Location: Land 1060M NE of Torr na H’Innse, Sandaig Bay, Inverie. (Ward 11)
Nature of Development: Erection of house on Plot 2.
Recommendation: Refuse.

There had been circulated Report No PLS/043/18 by the Area Planning Manager – South/Major Developments recommending the refusal of the application on the grounds as detailed in the report.

Ms L Prins presented the report and recommendation.

The Committee agreed to GRANT planning permission in principle for the following reasons:

• the proposed development complied with Policy 36 of the Highland-wide Local Development Plan and Housing in the Countryside Supplementary Planning Guidance due to its proximity to the road junction, relationship to Sandaig and due to the elevated ground to the rear of the site.  The proposed development, therefore, would not detract from the Knoydart National Scenic Area by virtue of its siting.

The Committee also granted delegated powers to the planning case officer to attach appropriate conditions to the planning permission in principle in consultation with the Chair and local members.

6.5
Applicant: Roddy and Andrea Mackenzie (17/05808/FUL) (PLS/044/18)
Location: Land 30m SW of 62 High Street, Ardersier. (Ward 17)
Nature of Development: Part demolition of walls and erection of 2 houses.
Recommendation: Grant.

There had been circulated Report Nos PLS/044/18 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.

In response to questions, it was confirmed that:-

• the variations to the original application comprised the first proposed house having had minor fenestration changes and the siting of the second proposed house having been amended to reinstate and preserve the location of the existing right of way that passes through the site and to accommodate parking requirements. The design of the second proposed house had been heavily modified to reduce its overall height along with other improvements to the fenestration;
• the timing of the works could not be regulated by Planning but any noise issues would be dealt with by Environmental Health who are responsible for regulating noise nuisance;
• it was highly unlikely that the construction works would commence during the summer;
• it had been proposed to retain elements of the existing stone walls;
• the scale, massing and use of materials could, along with appropriate conditions, preserve the character and appearance of the conservation area; and
• an impact assessment had been carried out which confirmed that there would be no impact on loss of sunlight or daylight to the occupants residing at the adjoining property.

During discussion it was highlighted that all relevant matters had been taken into account when appraising this application and it was considered that the proposal accorded with the principles and policies contained within the Development Plan and was acceptable in terms of all other applicable material considerations.

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

6.6
Applicant: The Highland Council (18/00857/FUL) (PLS/045/18)
Location: Merkinch Primary School, Telford Road, Inverness. (Ward 14)
Nature of Development: Refurbishment of primary and nursery school, demolish later additions, erection of extension, relocate family centre, change sports pitch to all weather pitch.
Recommendation: Grant.

There had been circulated Report Nos PLS/045/18 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 which he advised of an error at section 1.6 within the report and confirmed that only one vehicular access into the site from Carse Road was proposed.

During discussion, Members’ comments included the following:-

• the proposed development could provide a major community facility in the heart of Merkinch, drawing together the provision of a primary school, nursery and family centre that would be of great benefit;
• the replacement of the existing playing field with new fit-for-purpose synthetic outdoor pitches would benefit not only the site users but also the wider community who would have access to the facilities outwith normal school operating times;
• the proposed layout of the site maximised the opportunity to provide an integrated safe learning environment for the area and could result in the construction of a high quality sustainable building that would preserve the setting of the existing listed building as well as safeguarding its future; and
• the area could benefit from additional car parking spaces and the traffic calming measures.

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

6.7
Applicant: Tulloch Homes Ltd / SRUC (17/05059/LBC and 17/05060/FUL) (PLS/046/18)
Location: Drummond Hill, Stratherrick Road, Inverness. (Ward 15)
Nature of Development: Conversion of Drummond Hill to 6 flats, erection of 12 flats and 20 dwellings.  This will include demolition of outbuildings, alterations to boundary wall, landscaping works and infrastructure provision.  It also presents the works as an application for listed building consent.
Recommendation: Grant.

There had been circulated Report Nos PLS/046/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the reports.

Mr K McCorquodale presented the report and recommendation, during which, he confirmed that the provision of off site affordable housing contribution detailed at 8.46 in the report would be increased from 10 to 15 units.

In response to questions, it was confirmed that:-

• the off site affordable housing units to be provided at Ness-side would be in addition to the number of affordable housing units already consented and required at Ness-side;
• an assessment had been carried out on the site and it was confirmed that the mature trees and amenities that characterised the area needed to be retained; therefore there was no scope to move the block of flats by 3 or 4 metres to resolve the concerns raised by residents on the loss of sunlight / daylight;
• the demolition of the potting sheds was included within the proposal to replace the 3 cottages as it was considered too expensive to preserve and retain these sheds; and
• the developer contributions to education would be the higher rate set out in the new developers contributions supplementary guidance.

During discussion, concerns were raised about the increase of traffic the proposed development could generate and it was requested that further mitigation measures should be put in place to address concerns regarding traffic speeds on Stratherrick Road.

The Committee agreed to GRANT planning permission subject to the prior conclusion of a section 75 Agreement securing the contributions set out at paragraph 8.1 of the report together with listed building consent and also subject to the conditions recommended in the report. It was further agreed that local members would be consulted before the final traffic calming features for Stratherrick Road were agreed.

6.8
Applicant: Springfield Properties PLC (17/05667/FUL) (PLS/047/18)
Location: Land 123M SE of Rosebank, Kingsteps, Lochloy Road, Nairn. (Ward 18)
Nature of Development: Residential development and associated infrastructure.
Recommendation: Grant.

There had been circulated Report Nos PLS/047/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the report.

Before any presentation of the report and recommendation took place, the Clerk advised the Members that they had received a request from Nairn River Community Council asking if the Committee would hold a discretionary pre-determination hearing to determine this application as they felt their objections lodged had not been fully detailed in the report.  Members were issued with a copy of the letter of objection received from Nairn River Community Council at the meeting and were given time to read this.  Thereafter, they agreed that a hearing should not be held prior to determination this application.  

The Committee further agreed to DEFER determination of the application pending a site visit to take place at the next meeting of the Committee on 8 August 2018 to allow Members to gain a better appreciation of the outstanding issues including traffic pressure, lack of infrastructure on site, the lack of a buffer zone, potential overdevelopment and access routes into the site.

6.9
Applicant: The Highland Council (18/00575/FUL) (PLS/048/18)
Location: Inverness High School, Montague Row, Inverness. (Ward 13)
Nature of Development: Construction of energy centre containing biomass boilers, storage silo and an education corridor.
Recommendation: Grant.

There had been circulated Report Nos PLS/048/18 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.

In response to questions, it was confirmed that:-

• air quality assessments and noise impact assessments had been carried out and demonstrated that the proposed development would comply with the required standards;
• construction noise would be regulated by Environmental Health Services and any complaints would need  to be followed up by their department; and
• the architects acting on behalf of the applicant had agreed as a condition to amend the plans to include solid doors.

Comments raised during discussion included the following:-

• concern was expressed regarding the installation of the plant being sited in close proximity to the existing housing including the Janitor’s House and properties on Rangemore Road;
• the noise levels could breach the required design standards at one or more noise sensitive properties and it was emphasised that this should be monitored on a regular basis;
• the air quality control required monitoring so as not to impact on the school; and
• measures should be put in place with the applicant, architects and local members to avoid complaints.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report. The Committee also requested that the planning case officer hold discussions with the applicant and Environmental Health regarding post installation monitoring of the biomass boiler to ensure noise and potential air pollutants are kept within acceptable levels.  It was further agreed that a letter should be sent to Environmental Health Services outlining the key issues and concerns that needed to be monitored by the Council.

6.10
Applicant: Dalgleish Associates Ltd (18/00108/S42) (PLS/049/18)
Location: Mid Lairgs Quarry, Farr, Inverness. (Ward 12)
Nature of Development: Application under Section 42 of the Act in relation to non-compliance with conditions 1 and 2 of planning permission 02/00765/FUL to extend the period of time of extraction.
Recommendation: Grant.

There had been circulated Report Nos PLS/049/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the reports.

Mr D Mudie presented the report and recommendation.

During discussion comments were raised that further discussions needed to take place with the local members and the community council on the conditions for the restoration work and the traffic management plans that need to be drawn up within 6 months of the grant of planning permission.

The Committee agreed to GRANT planning permission subject to the prior conclusion of a section 75 legal agreement securing financial provision for the decommissioning and restoration measures as set out at paragraph 8.9 of the report and subject also to the conditions recommended in the report.  It was further agreed that the planning case officer request that the applicants hold a meeting with the Community Council to ensure that they are informed of, and have the opportunity to discuss, the applicant’s restoration and traffic management proposals which require to be submitted in terms of conditions 3 and 9 of the planning permission.

6.11
Applicant: Mr Michael Thorp (17/05008/FUL) (PLS/050/18)
Location: Taigh Geal, Bunloit, Drumnadrochit. (Ward 12)
Nature of Development: Erection of house.
Recommendation: Grant.

There had been circulated Report Nos PLS/050/18 by the Area Planning Manager – South/Major Developments recommending the grant of the application, subject to the conditions detailed in the reports.

Mr K Gibson presented the report and recommendation.

In response to questions, it was confirmed that:-

• the site lies within the Hinterland, which was extended further up towards Bunloit, as defined in the local plan prior to 2015;
• it was considered that there would be no impact on the public water supply system to accommodate the proposed house;
• the applicant would be required to demonstrate that they could secure an appropriate private water supply, such as via a bore hole;
• concerns had been raised about the steepness and tightness of the bends on the road down to Drumnadrochit;
• Scottish Water would not be involved in discussion with the applicants regarding the provision of water supply and it would be for the applicant to demonstrate to the satisfaction of the Council that a water supply could be secured without affecting the existing residents; and
• the existing layby would be retained and a new access would be provided with a service layby which would create an additional passing place.

Comments raised during discussion included the following:-

• the proposed extended long layby would be an advantage to the Bunloit area;
• this development fell within the boundary of the hinterland policy;
• a landscape condition should be incorporated to provide a hedge along the road side;  and
• the water issues should be resolved under a condition which must be met before commencement and the proposed arrangements must not be detrimental to other properties.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report, and a further condition requiring the applicant, prior to commencement of development, to satisfy the Planning Authority that they can secure a supply of potable water to serve the new house and that they can do so without adversely impacting on the water supply serving other properties.

7. 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

7.1
Applicant: RES UK & Ireland Ltd (PPA-270-2151) (14/04782/FUL)
Location: Culachy Estate, Land 6 Kilometres South East of Invergarry (Ward 12)
Nature of Development: Construction of 13 wind turbines, 12 up to 149.5 metres to tip height and one up to 132 metres to tip height and ancillary development.    

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

7.2
Applicant: William Lewis (PPA-270-2181) (17/02525/FUL)
Location: Land 85 Metres South West of Cnoc Mor, Cleadale, Isle of Eigg (Ward 11)
Nature of Development: Erection of dwelling house with access, parking and turning and associated services.   

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

7.3
Applicant: Kincardine Estate Lodges (PPA-270-2184) (17/00125/FUL)
Location: Land 470 metres south west of Kincardine Lodge, Street of Kincardine, Boat of Garten, PH24 3BS (Ward 20)
Nature of Development: Development of a single timber holiday chalet.

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

The meeting ended at 1.30 pm