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 11 September 2018 at 10.30 am.

Committee Members Present:

Mr R Bremner (excluding items 1 – 5), Mrs I Campbell, Mr C Fraser (excluding item 6.1), Mr R Gale (excluding items 1 – 7.1), Mr D MacKay, Mrs A MacLean (excluding items 1 – 6.1), Mr D Macleod (excluding item 7.1), Mrs M Paterson, Mr A Rhind (excluding item 7.3 – 8.1), 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 R Hindson, Planner
Ms G Webster, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
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. 

1.  Apologies
Leisgeulan

Apologies for absence were intimated on behalf of Ms K Currie, Mr M Finlayson and Mr C MacLeod.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest. 

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minutes of the meeting of the Committee held on 1 August 2018 which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/054/18 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.  

he Planning Officer and Principal Solicitor responded to Members’ questions as follows:

• the appeal on the Golticlay Wind Farm application was progressing, the lodging date for hearing statements and documents was yesterday, the 10 September 2018, and the inquiry itself is due to start on the 8 October 2018; and
• information was still awaited from the developer on the application for 72 residential units in Conon, this application would be brought to Committee when the information had been received. 

The Committee NOTED the current position with these applications.

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

5.1 Description: Formation of wind farm comprising approximately 12 turbines, associated tracks, substation and compound, crane pads, borrow pit, meteorological mast and temporary construction compound (18/040000/PAN) (PLN/055/18)
Ward: 1
Applicant: EnergieKontor UK Ltd
Site Address: Lairg Wind Farm, Lairg.

There had been circulated Report No PLN/055/18 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 NOTED the submission of the PAN and highlighted no material planning considerations they wished brought to the applicant’s attention other than those identified in the report.

6.  Continued Items
Cuspairean a' Leantainn

6.1 Applicant: Mr Magnus Beveridge  (17/04250/FUL) (PLN/056/18) (PLN/012/18)
Location: Land 75M SE Of Shamba, 151 Skinnet, Talmine, Tongue  (Ward 1)
Nature of Development: Installation of 4 bothies, upgrade of access and installation of septic tank and soakaway.
Recommendation: Refuse.

Only Members taking part in the previous meeting on 6 March 2018 could take part in this item, namely, Mr R Bremner, Ms I Campbell, Mr D MacKay, Mr Derek MacLeod, Mrs Margaret Paterson, Mr A Rhind, Mr K Rosie, Mr A Sinclair and Ms M Smith.

There had been circulated Report No PLN/056/18 and the previous report PLN/012/18 by the Area Planning Manager recommending that the Committee refuse the application for the reasons stated in the report.  This item had been deferred at the meeting on 6 March 2018 to allow the Planning Service and the applicant to discuss either a re-design of the proposal or to move the proposal to the landward side of the road. 

The Planning Officer stated that following discussion with the applicant:

• no other land was available to the applicant to relocate the development;
• the road issues had been resolved and therefore the second reason for refusal, in the original report, had been removed; and
• the siting of the four bothies was still the main concern of the planning service.

The Planning Officer responded to Members’ questions as follows:

• the other building on the seaward side of the road was an agricultural shed;
• national scenic areas have key characteristics with most of this designation relating to open views. Scottish Natural Heritage would not comment on this application as this was a small scale development that had not met the threshold; and
• Transport Planning had initially been unable to comment on any road issues due to a lack of information, this information had now been provided and the developer had satisfied the Transport Planning requirements. Transport Planning had thereafter advised that they had no road issues, albeit road conditions would be attached to any planning consent.

Ms M Smith, seconded by Mr R Bremner moved the recommendation to refuse the application.

There being no amendment, the Committee agreed to REFUSE in accordance with Reason 1 in the report.

7.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1 Applicant: Mr I Barnes (18/00385/FUL) (PLN/057/18)
Location: Land 70m NW of Seaview, 178 Armadale, Sutherland (Ward 1).
Nature of Development: Siting of a residential static caravan with composting toilet; installation of surface/grey water soakaway, siting of temporary storage containers; partial change of use of land to accommodate two Yurts for temporary seasonal accommodation.
Recommendation: Grant.

There had been circulated Report No PLN/057/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  The Area Planning Manager advised that there had been the formation of a platform area for the original position of the yurts. 

The Planning Officer and Senior Roads Engineer responded to Members’ questions as follows:

• the road through the development site leads to a property not owned by the developer, this road is an adopted road;
• a condition requiring the removal of the gate could not be applied as the removal of the gate would come under roads legislation, the Senior Roads Engineer confirmed that Community Services had served notice on the applicant to have the gates removed;
• the number of tyres appeared excessive, the tyres would be used for holding down polythene on top of silage bales, conditions would be added to any planning permission for the removal of any unused tyres;
• a caravan would normally be allowed whilst a house was under construction with temporary planning permission lasting for 2 years, therefore any permission would be limited to the 15 September 2020;
• the composting toilet came under Building Standards legislation and similar composting toilets were in operation elsewhere;
• the Committee could ask for the reinstatement of the platform area, the applicant had said that the area would give shelter to livestock that would eventually come to the site; and
• the applicant should have spoken to the Planning Service before commencing any work but once he had realised he should have planning permission he had stopped the works immediately.

Ms M Smith, seconded by Mr R Bremner moved deferral of the application for:

1. the submission of a plan indicating the sequential timescale for implementation of the various elements of the applicant’s crofting enterprise;
2. drone footage and/or photographs of the application site as seen in the context of the surrounding properties/landscape (failing which a site visit to be organised).

There being no amendment, the Committee agreed to DEFER consideration of the application to a future meeting of the committee for the reasons stated above.

7.2 Applicant: Mr Alexandar Campion (18/02744/FUL) (PLN/058/18)
Location: Land 90M SW Of Kinvara, Altass (Ward 1).
Nature of Development: Erection of 2 houses, formation of access and installation of private drainage.
Recommendation: Grant. 

There had been circulated Report No PLN/058/18 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.

7.3 Applicant: Cromarty Estate with Cromarty and Resolis Film Society (CRFS) (18/03022/FUL) (PLN/059/18)
Location: Land 30M East Of Slaughterhouse Café, Cromarty (Ward 9).
Nature of Development: Erection of cinema and office hub, formation of courtyard and parking area and change of use of amenity ground.
Recommendation: Grant. 

There had been circulated Report No PLN/059/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

The Planning Officer and Senior Roads Engineer responded to Members’ questions as follows:

• there would be 10 parking spaces with an additional disabled parking bay;
• the main walking area to the links would be maintained;
• there would be a seating capacity in the cinema of 30 to 35 people;
• the access road was private and the cinema would have limited hours and showings, the volume of ferry traffic was not significant and a request for work to the road would not be proportionate with the size of the development; and
• a feasibility study showed demand from small local businesses for the office space. 

Members asked that it be stated that the Links is a significant amenity area enjoyed by locals and visitors alike, especially in the summer months.  This links area, lying within the conservation area, needs to be safeguarded and protected. 

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

8.  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

8.1 Applicant: Peter Williamson (17/04356/FUL) (PPA-270-2193)
Location: Land 30 metres NW of Sgurr Alasdair, 10 Torrin, Broadford, Isle of Skye, IV49 9BA (Ward 10)
Nature of Development:  Erection of house and shed. 

The Committee NOTED the decision of the Reporter to approve the application for consent subject to the 5 conditions and 4 advisory notes listed at the end of the Decision Notice.

There being no further business the meeting closed at 12.45 pm.