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 20 June 2018 at 11.00 am.

Committee Members Present:

Mr R Bremner (by video conference), Mrs I Campbell, Ms K Currie, Mr C Fraser, Mr R Gale, Mr D MacKay, Mrs A MacLean, Mr C MacLeod, Mrs M Paterson, Mr A Rhind, Mr A Sinclair and Ms M Smith.  Mrs P Munro, substitute for Mr M Finlayson.

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms G Webster, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs A MacArthur, Administrative Assistant

Also in attendance:

Dr H Schutten, SEPA
Mr J MacKay, SEPA
Mrs C Baldwin, SEPA
Mr D MacKay, SNH

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 M Finlayson, Mr J Gordon and Mr K Rosie.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Items 3.1 and 3.2 – Mr D MacLeod (non-financial).

3.  Continued Items
Cuspairean a' Leantainn

3.1 Applicant: Coul Links Ltd per STRI (17/04601/FUL) (PLN/045/18) (PLN/031/18 – already circulated)
Location: Land 1700M NW Of Embo Community Centre, School Street, Embo (Ward 4).
Nature of Development: Development of 18 hole golf course, erection of clubhouse, renovation of existing buildings for maintenance facility, pro-shop, caddy hut, workshop, administration building, information booth, formation of new private access from C1026.
Recommendation: Refuse.

Declaration of Interest – Mr D MacLeod declared a non-financial interest in this item on the basis that he had received an unsolicited email from the RSPB and had replied indicating his views on the application and as such left the Chamber during consideration of this item. 

Local member and non-member of the Committee, Mr J McGillivray, declared a non-financial interest in this item on the basis that he had made known his views on this application prior to the meeting, and therefore did not attend the meeting. 

There had been circulated Report No PLN/045/18 by the Area Planning Manager recommending that the Committee refuse the application for the reasons stated in the report.   This item had been deferred from the previous meeting to allow SEPA time to respond to comments made by the Not Coul Group.  Following scrutiny of the comments SEPA confirmed they had no objection to the application. 

The Planning Officer responded to Members’ questions as follows:

• the SNH objection relating to the effect on the sand dune interest of the Dornoch Firth and Loch Fleet Ramsar Site of Special Scientific Interest was the only remaining consultee objection;
• the SSSI covered 2 dune systems and referred to a direct impact from this development on 7% of the habitat over the whole Coul Links system;
• discussion had taken place on the relocation of some of the golf holes to avoid more of the dune habitat but as the applicants specifically wanted a links course this was not possible;
• a short explanation on the designations of the site was given, this site has three designations and the boundaries of these designations overlap;
• consideration of the effects of each golf hole on the site had been given by SNH and these had been set out in Appendix 3;
• this was an entirely new golf course and as such coastal erosion would be dealt with under the Coastal Management Plan and incorporated within the new development using soft engineering techniques;

Mr D MacKay from SNH responded to Members’ questions as follows:

• translocation had not been tried with the Fonsecca Seed Fly and with practically no data it was assumed that translocation could not be achieved;
• if the area was left to natural processes and not protected, the ebb and flow of the water over the dunes could naturally cause loss of species;
• the Fonsecca Seed Fly could be lost in a naturally occurring major storm;
• herbicides and pesticides had been taken into account and the environmental impact had been increased from 6% to 7%;
• generally rare species had specific needs and it wasn’t known if they would naturally relocate;
• the green felt lichen although rare could be found elsewhere;
• it could take as long as five years to mitigate against the impact on the sand dunes and, to be fair to the applicant, SNH acknowledged that the applicant had offered a considerable amount of mitigation; and
• some things could be mitigated against immediately such as stopping the shooting of wild fowl on the land owned by Coul Farm.

Mr J Mackay, Dr H Schutten and Mrs C Baldwin from SEPA responded to Members’ questions as follows:

• there had been insufficient time before the previous Committee to study the information provided by the Not Coul Group, they had now had time to study the information and the additional information did not change their position, SEPA had no objection to the application. 

Members’ responses included the following: 

• once this habitat was lost it would be lost for good;
• the effects of pesticides on the area and on feeding birds was still unknown;
• if the application was to be approved conditions would be required;
• having gone through the list of all the objectors and supporters there was a similar number of local people for and against the development;
• mitigation had been offered for many of the points raised;
• this application was sympathetic to the area; and
• this development would benefit the area and bring tourists and stability to the area.

Ms M Smith, seconded by Mr R Gale, moved that the application be approved for the following reasons:

Whilst acknowledging the concerns of SNH with regard to the Loch Fleet Site of Special Scientific Interest and the Dornoch Firth and Loch Fleet Ramsar Site, Members considered that there were significant material considerations, which outweighed the assessment of the application against the Highland wide Local Development plan and therefore justify the granting of planning permission.

These considerations were:

• the predicted significant economic benefits (as set out in the Environmental Statement);
• the positive re-use of redundant buildings;
• the securing of the positive long term management of the site through the control of invasive species and the cessation of seasonal wildfowl shooting;
• a reduction of impacts presented through the provision of mitigation measures (as set out in the Biodiversity Gains Report).

Despite SNH’s reservations, Members were satisfied that the mitigation measures would be effective within a reasonable time frame.

In coming to this view, Members considered all the relevant planning issues, including giving equal consideration to all designations covering the site, that is the Loch Fleet Site of Special Scientific Interest, the Ramsar site and the Natura designations (Dornoch Firth Special Protection Area and proposed Moray Firth Special Protection Area).  Members had regard to the Conservation (Natural Habitats etc) Regulations 1994, as amended, which specify that an Appropriate Assessment is required for Natura sites. In this instance the Appropriate Assessment, which had been undertaken by the Highland Council as the competent authority, concluded that the proposal would not adversely affect the integrity of the Dornoch Firth and Loch Fleet Special Protection Area or the proposed Moray Firth Special Protection Area.

Mr C Fraser, moved as an amendment, that the application be refused for the reasons given in the report.  There being no seconder the amendment fell. 

The Committee therefore AGREED to GRANT the application subject to conditions (including those recommended by consultees) to be approved by the Chair and local Member (Councillor Gale) and notification of the proposed decision to the Scottish Ministers.

3.2 Applicant: Coul Links Ltd per STRI (17/04404/FUL) (PLN/046/18) (PLN/032/18 – already circulated) 
Location: Land 860 m South of Coull Farmhouse, Skelbo, Dornoch (Ward 4).
Nature of Development: Drilling of two boreholes and construction of water storage reservoir (maximum capacity 20000 cu m) for irrigation of (future) golf course.
Recommendation: Grant. 

Declaration of Interest – Mr D MacLeod declared a non-financial interest in this item on the basis that he had received an unsolicited email from the RSPB and had replied indicating his views on the application and as such left the Chamber during consideration of this item. 

There had been circulated Report No PLN/045/18 by the Area Planning Manager recommending that the Committee refuse the application for the reasons stated in the report. 

The Planning Officer responded to Members’ questions as follows:

• it was confirmed that a bond would be sought and in the event that this development commenced, and the golf course did not go ahead, the area could be restored. 

The Committee AGREED to GRANT the application subject to a section 75 agreement to secure a restoration bond and the conditions contained in the report of handling.

There being no further business the meeting closed at 12.20 pm.