Agendas, reports and minutes

North Planning Applications Committee

Minute of the meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 16 October 2018 at 10.30 am.

Committee Members Present:

Mrs I Campbell, Ms K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale, Mr J Gordon, Mr D MacKay, Mrs A MacLean, Mr C MacLeod, Mr D Macleod, Mrs M Paterson, Mr K Rosie (by video conference from Wick), Mr A Sinclair and Ms M Smith.  

Other Members Present:

Mr Gordon Adam.

Officials in attendance:

Mr D Jones, Acting Head of Development Management - Highland
Ms J Bridge, Senior Engineer (Development Management)
Mrs E McArthur, Principal Planner
Mrs D Stott, Principal 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 Mr R Bremner and Mr A Rhind.

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 11 September 2018 which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/060/18 by the Acting Head of  Development Management - Highland 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.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Baoighill Aoigheachd Ltd (18/02092/FUL) (PLN/061/18)
Location:  12 Harbour Street, Plockton (Ward 5).
Nature of Development: Change of use of shop (Class One) to shop café (Class Three) (Retrospective) and installation of external sign and formation of doorway.
Recommendation: Grant. 

There had been circulated Report No PLN/061/18 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report.  The Planning Officer advised that a late letter of representation had been received but that the concerns raised had been addressed in her report.

The Planning Officer responded to Members’ questions as follows:

• although the immediate area was predominantly residential, the premises had previously obtained a commercial classification and this application was to change that commercial classification from class one to class three;
• negotiation had taken place with the applicant to change the closing time from 11.00 pm to 8.00 pm, if the applicant breached this condition enforcement action could be taken;
• the plans before Members had been corrected, Building Standards regulated whether or not a building required toilets, lack of toilets was not a planning consideration;
• Environmental Health would monitor and regulate the supply of food, they had not objected to the application;
• food would not be prepared at these premises, the food would be prepared in other premises and brought to these premises in small vans;
• Transport Planning had not objected to the application;
• generally an “air bnb” does not require planning permission, the previous use as accommodation for the manager and/or staff had been restricted under a section 75; and
• it was likely that  any breach of the condition on deliveries would be brought to the planning service’s attention by members of the local community.

The Committee agreed to GRANT subject to the conditions detailed in the report and subject to amendment of conditions 1 and 2 to reflect opening and delivery hours to 0900 - 1800 (Monday to Saturday) and 1000 - 1700 (Sunday).

5.2 Applicant: Mr Dietrich Pannwitz (18/03106/FUL) (PLN/062/18)
Location: Field 4, Artafallie, North Kessock (Ward 9).
Nature of Development: Erection of house.
Recommendation: Refuse. 

There had been circulated Report No PLN/061/18 by the Acting Head of Development Management - Highland recommending that the Committee refuse the application for the reasons detailed in the report. 

The Planning Officer responded to Members’ questions as follows:

• the siting and design of the house are considered separately from the principle of the house, as part of pre-application advice it was mentioned to the applicant that he should consider other sites. The principle of a house on the application site based on the supporting information provided was not accepted.

Following discussion Ms M Smith, seconded by Mrs A MacLean, moved that the application be refused.   

There being no amendment the Committee agreed to REFUSE for the reasons given in the report.

5.3 Applicant: Mr Roderick Campbell (18/03301/FUL) (PLN/063/18)
Location: Cruachan, 6 Cooper Street, Plockton, IV52 8TJ (Ward 5).
Nature of Development: Installation of uPVC windows.
Recommendation: Refuse. 

There had been circulated Report No PLN/061/18 by the Acting Head of Development Management - Highland recommending that the Committee refuse the application for the reasons detailed in the report. 

The Planning Officer responded to Members’ questions as follows:

• the ground floor windows to the front and rear of the property had previously been replaced with uPVC windows;
• most modern uPVC windows and the windows intended by the applicant were operated with a tilt and turn system which was not traditional, a different finish with sliding windows could be considered as suitable and in keeping with the characteristics of the conservation area;
• planning officers understood the frustration caused when neighbours had uPVC windows installed prior to 2011 when the removal of permitted development rights for households within a Conservation Area had come into force under the Supplementary Guidance document ‘Historic Environment Strategy Appendix 1 – Historic Windows and Doors’; and
• the initial acquisition of windows in the same style as the original windows would be costly, but the windows would last considerably longer if properly maintained.

During discussion, Members’ comments included the following:-

• the building already had uPVC windows to the ground floor;
• the substantial cost implications in replacing the existing windows with traditional windows;
• the uPVC windows would be more energy efficient than the existing single glazed wooden windows;
• uPVC windows would be good for the environment and for our carbon footprint;
• the report stated that there were no implications in terms of community (equality, poverty and rural) and climate change/carbon clever and this was incorrect, proper consideration had to be given to the equalities impact;
• an email had been received by Councillors this morning stating that the Scottish government had announced an investment of £800 million for a retrofitting framework and investment to lead to improvement and innovations which would have a dramatic impact on social, environmental and public health and wellbeing outcomes in new and existing communities with sustainable, high quality safe and secure homes, the proposed windows would make this house safer, more secure and warmer;
• there were alternative uPVC windows that would be more fitting;
• there were national guidelines from the Scottish Government in place and these had been set out in 10.5, 10.6 and 10.7 of the report; and
• the policy stated that without the benefit of a conditions report the principle of the need to replace the windows had not been demonstrated.

Ms M Smith, seconded by Mrs A MacLean, moved that the application be refused.

Mr D MacLeod, seconded by Mrs I Campbell, moved as an amendment that the application be approved for the following reason:

By virtue of the existence of uPVC windows on the ground floor front and rear conservatories taking up the majority of the ground floor façades of the dwelling house, the replacement of the remaining windows with uPVC windows with a sliding sash and case movement would be considered acceptable in this instance. As this style of replacement window had not been applied for, final approval of the design will have to be a condition of the consent.

On a vote being taken, 2 votes were cast in favour of the motion and 12 in favour of the amendment, as follows:

For the motion (2)

Mrs A MacLean and Ms M Smith. 

For the amendment (12)

Mrs I Campbell, Ms K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale, Mr J Gordon, Mr D MacKay, Mr C MacLeod, Mr D Macleod, Mrs M Paterson, Mr K Rosie and Mr A Sinclair. 

The motion therefore became the finding of the meeting and the Committee agreed to GRANT subject to conditions to be agreed with Chair and local member including a condition seeking final design details for approval.               

5.4 Applicant: Mr S McCarthy (18/03435/FUL) (PLN/064/18)
Location: Rockview, 11 Shore Street, Hilton, Tain (Ward 7).
Nature of Development: Erection of boundary wall to allow flood protection and extension of garden
Recommendation: Grant. 

There had been circulated Report No PLN/061/18 by the Acting Head of Development Management - Highland 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.  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

6.1  Applicant: Morgan McDonnell Architecture (17/05184/FUL) (PPA-270-2196)
Location: Land 75 metres East of 162 Stoer, Lochinver (Ward 1)
Nature of Development:  Restoration and conversion of disused church to residential, installation of sewage treatment plant and soakaway  

The Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission subject to the 10 conditions listed and 3 advisory notes listed at the end of the Decision Notice.

There being no further business the meeting closed at 1.00 pm.