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 Wednesday 1 August 2018 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference), Mrs I Campbell (excluding items 6.1 and 6.6), Ms K Currie, Mr M Finlayson (excluding item 6.2), Mr C Fraser, Mr R Gale, Mr J Gordon (excluding item 6.5), Mr D MacKay, Mrs A MacLean, Mr D MacLeod (excluding items 5.1, 6.2 and 6.5), Mrs M Paterson, Mr A Rhind, Mr K Rosie, Mr A Sinclair and Ms M Smith.  

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mrs E McArthur, Principal Planner
Mr S Hindson, Principal Planner
Ms G Webster, Planner
Mr B Duncan, Technician, Development and Infrastructure
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs C MacIver, Committee Administrator and Elections Officer
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. 

Members were reminded that there was a training session for new Members and substitute Members on 10 August 2018.

1.  Apologies
Leisgeulan

Apologies for absence were intimated on behalf of Mr C MacLeod.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.1 and 6.2 – Mrs I Campbell (financial)       
Item 6.2 – Mr M Finlayson (non-financial)

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as correct records the:

1. Minute of Meeting of the North Planning Applications Committee held on 5 June 2018; and
2. Minute of Meeting of the North Planning Applications Committee held on 20 June 2018.

which were both APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/045/18 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.  Major Developments – Pre-application consultations
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais

5.1  Description: Erection of residential development of 33 houses, including 8 affordable houses, road widening, public footpaths, SUDS basin, open space, and village green; installation of access and infrastructure works for community site for 6 residential units, community and business units (18/01724/PAN) (PLN/046/18)
Ward: 9
Applicant: Tulloch Homes and Culbokie Community Trust
Site Address: Land to North of The Cairns, Culbokie.

There had been circulated Report No PLN/046/18 by the Area Planning Manager 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 AGREED that the following comments be brought to the proposed applicant’s attention:

• requirement for transport assessment;
• requirement for flood risk assessment;
• request that the developer take account of the importance of the installation of broadband/fibre infrastructure as part of the development; and
• request that there is a discussion between the developer and the community council regarding developer contributions.

5.2  Description: Residential development of 41 houses, associated access and drainage works (18/02597/PAN) (PLN/047/18)
Ward: 9
Applicant: Kirkwood Homes Ltd
Site Address: Rosehaugh South, Avoch.

There had been circulated Report No PLN/047/18 by the Area Planning Manager 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 AGREED that the following comments be brought to the proposed applicant’s attention:

• requirement for transport assessment;
• impact of the development on current safer routes to school provision;
• request that the developer take account of the importance of the installation of broadband/fibre infrastructure as part of the development; and
• request that flood risk from surface water is considered.

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

Declaration of Interest – Mrs I Campbell, as the applicant, declared a financial interest in this item and left the room for the duration of the item.

Members agreed that as items 6.1 and 6.6 were from the same applicant, they would be taken together. 

6.1 Applicant: Mrs Isabelle Campbell (17/05564/PIP) (PLN/048/18)
Location: New House, Nostie Kyle (Ward 5).
Nature of Development: Erection of house (planning permission in principal).
Recommendation: Grant.

There had been circulated Report No PLN/031/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

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

6.6 Applicant: Mrs Isabelle Campbell (18/02287/FUL) (PLN/053/18)
Location: Nostie Kyle (Ward 5).
Nature of Development: Formation of access (Retrospective).
Recommendation: Grant. 

Declaration of Interest – Mrs I Campbell, as the applicant, declared a financial interest in this item and left the room for the duration of the item.

There had been circulated Report No PLN/031/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.. 

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

6.2 Applicant: Cromartie Estate (18/01017/PIP) (PLN/049/18)
Location: Nutwood, Strathpeffer (Ward 5).
Nature of Development: Erection of 15 houses (renewal of 14/02773/PIP).
Recommendation: Grant. 

Declaration of Interest – Mr I Finlayson, declared a non-financial interest in this item as he was related to an objector and left the room for the duration of the item.

There had been circulated Report No PLN/031/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  The Planning Officer amended her report at page 49 where it referred to 10.6 and should have been 10.20. 

The Planning Officer responded to Members’ questions as follows:

• the developer was to make improvements to the section of existing core footpath RC45.10 Eagle Stone Path from the field boundary to the A835 to an all abilities surfaced footpath;
• an upgrade to the existing footpath to integrate this housing development within Strathpeffer;
• where there are more than four houses a section 75 agreement is required to provide either affordable housing on site, in the ward or a commuted sum, the section 75 agreement would be modified as recommended in the Report;
• although the proposals are not consistent with the current development plan position, both the extant permission and the fact that the proposals seek to address the reasons that the site allocation was removed from the IMFLDP are material considerations and carry significant weight; and
• previous problems with the access had been overcome.

The Committee agreed to GRANT subject to the conditions detailed in the report and modification of the existing section 75 agreement.

6.3 Applicant: Mr R Wilkie (18/01441/FUL) (PLN/050/18)
Location: South Obbe, Kyleakin, Isle of Skye (Ward 10).
Nature of Development: Demolition of garage and erection of ancillary accommodation.
Recommendation: Refuse. 

There had been circulated Report No PLN/031/18 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:

• no pre-planning advice had been sought for this application, the planning officer could discuss with the developer other options for a more acceptable development on site;
• the parking at the site was unsuitable with no turning area within the applicant’s ownership for cars to enter and leave the property in a forward motion;
• the existing shed was very close to the road and the new ancillary building would be even closer to the road; and
• the removal of the existing garage would be welcomed but the proposed development did not appear to be the best option available to achieve the applicant’s aspiration of increasing the available accommodation.

The Committee agreed to REFUSE for the reasons given in the report.

6.4 Applicant: Mr and Mrs W Paterson per Planit Highland (18/01789/FUL) (PLN/051/18)
Location: Land East of Salmon Bothy, Rockfield, Portmahomack (Ward 7).
Nature of Development: Erection of holiday letting cabin.
Recommendation: Grant.

There had been circulated Report No PLN/031/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

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

6.5 Applicant: K MacRae and Son per Sutherland Drawing Services (18/01811/FUL) (PLN/052/18)
Location: Car park, Durness (Ward 1).
Nature of Development: Erection of three terraced houses.
Recommendation: Grant.

There had been circulated Report No PLN/031/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.. 

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

7.  Decisions on Applications to the Scottish Government Directorate for Energy and Climate Change and Planning Appeals
Co-dhùnadh mu Iarrtas do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Lùth agus Atharrachadh Aimsir

7.1  Applicant: Mr Arthur Bruce (16/03651/FUL) (ENA-270-2020)
Location: 30 Argyle Square, Wick, Caithness, KW1 5AL (Ward 3)
Nature of Development:  Erection of a shed without planning permission. 

The Committee NOTED the decision of the Reporter under section 130(1) of the Town and Country Planning (Scotland) Act 1997 to uphold the enforcement notice. The Reporter varied the terms of the enforcement notice by deleting the word “shed” in Parts 2 and 4 of the notice and replacing it with the words “masonry outbuilding measuring 5.5 metres by 11.6 metres or thereby” for the reasons stated in the Decision Notice.

8.  Additional information requested by Members
Fiosrachadh a bharrachd air iarraidh le Buill

In  response to a request for information from the Chair on the Coul Links application in Embo, the Area Planning Manager stated that, following the special meeting of the North Planning Applications Committee in June and notification of the Committee’s intention to grant planning permission, the Scottish Government had asked for an extension of time to consider calling in the application.

There being no further business the meeting closed at 12.40 pm.