Agendas, reports and minutes

Planning Review Body

Date: Tuesday, 13 November 2018

Minutes: Read the Minutes

Minutes of Meeting of the Planning Review Body held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 13 November 2018 at 10.30 am.

Present:

Mr R Balfour (Items 1 – 5.3 only)
Mr R Bremner (Items 5.3 – 5.4 only)
Mr L Fraser (Items 1 – 5.1 only)
Mr A Henderson
Mr W Mackay
Mrs M Paterson
Mrs T Robertson

In Attendance:

Miss C McArthur, Solicitor/Clerk
Mr D Polson, Independent Planning Adviser to the Planning Review Body
Mr S Taylor, Administrative Assistant

Mr A Henderson in the Chair

Preliminaries

The Chair confirmed that the meeting would be webcast, and gave a short briefing on the Council’s webcasting procedure and protocol.

Business

1. Apologies for Absence

Apologies for absence were intimated on behalf of Mr G Adam and Mrs I Campbell.

2. Declarations of Interest

None

3. Minutes of Previous Meeting of 25 September 2018

The Minutes of the previous Meeting held on 25 September 2018, copies of which had been circulated, were APPROVED.

4. Criteria for Determination of Notices of Review

The Clerk confirmed that, for all subsequent items on the agenda, Members had contained in their USB Flash Drives all of the information supplied by all parties to the Notice of Review – namely everything submitted at the planning application stage and the Notice of Review stage from the applicant and interested parties together with the case officer’s report on handling and the decision notice that had been issued. When new information had been identified and responded to by the case officer, that information had also been included on the USB stick.

Members were reminded that when determining each planning application subject to a Notice of Review, they were to give full consideration of the planning application afresh (also known as the “de novo” approach) in accordance with the advice contained in the letter from the Chief Planner dated 29 July 2011. The Clerk confirmed that this meant that, in each Notice of Review case, the Review Body needed to assess the planning application against the development plan and decide whether it accorded with or was contrary to the development plan. Following this assessment, the Review Body then required to consider all material considerations relevant to the application and decide whether these added to or outweighed their assessment of the application against the development plan. In carrying out this assessment, all documents lodged by the applicant and interested parties needed to be considered by the Review Body – all material planning considerations required to be taken into account; considerations that were not material planning considerations must not be taken into account.

The Clerk also confirmed that Google Earth and Streetview could be used during the meeting in order to inform Members of the site location; Members were reminded of the potential limitations of using these systems in that images may have been captured a number of years ago and may not reflect the current position on the ground. All the Notices of Review were competent.

5. New Notices of Review to be Determined

5.1 Erection of House on Land SE of Enford Villa, Knockmuir Road, Avoch – Mr R Taylor, 18/01581/PIP, 18/00053/RBREF, (RB-39-18)

There had been circulated Notice of Review 18/00053/RBREF for the erection of a house on Land SE of Enford Villa, Knockmuir Road, Avoch for Mr R Taylor.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body discussed whether its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives, the applicant having made a request for a site visit.

Members requested sight of Google Earth and Streetview to inform their understanding of the application site. The Independent Planning Adviser provided this.

Thereafter, the Review Body AGREED that its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives and the Google Earth/Streetview presentation, and were of the view that the request made by the applicant for a site visit was not required.

Debate

Having considered the supporting paperwork and the Google Earth/Streetview presentation, the Planning Review Body discussed the Notice of Review.

During discussion, Members’ comments included the following:-

the irregular shape and sloping nature of the site prevented the plot from being suitable for a housing development as it would not be in keeping with the established character of the area;
the proposed development failed to provide a suitable level of private amenity space;
the established pattern of development on Knockmuir Road included fairly large buildings within generous curtilage and did not include any properties which gave the appearance of being shoe-horned in;
the existing house within the site was on a slope itself and there was potential for an additional house to be developed on the land;
the precedent for developments within the area had already been established by the existing housing around the site and therefore reason 2 of the decision notice was not considered applicable; and
it could be difficult to achieve suitable road visibility splays on either side of the site entrance.

Decision

The Review Body DISMISSED the Notice of Review and refused planning permission for the reasons given by the case officer in reason 1 of the decision notice.

5.2 Erection of House on Land 100M NW of Mor Carraig, 4 Balchraggan, Abriachan, Inverness - Mr Roderick MacDonald, 17/01873/PIP, 18/00054/RBREF (RB-40-18)

There had been circulated Notice of Review 18/00054/RBREF for the erection of a house on Land 100M NW of Mor Carraig, 4 Balchraggan, Abriachan, Inverness for Mr Roderick MacDonald.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body discussed whether its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives, no further procedure having been requested by the applicant.

Members requested sight of Google Earth and Streetview to inform their understanding of the application site. The Independent Planning Adviser provided this.

Debate

Having considered the supporting paperwork and the Google Earth/Streetview presentation, the Planning Review Body discussed the Notice of Review.

The Chair drew attention to the Report of Handling and advised that whilst the applicant had provided reasons within their submissions as to why the proposed development might have been considered acceptable under the previous Drumnadrochit & Fort Augustus Local Plan, the Review Body in its determination of the application had to assess the proposed development against the current Highland-wide Local Development Plan and Housing in the Countryside and Siting and Design Supplementary Guidance.

During discussion, Members’ comments included the following:-

The proposed development was in close proximity to the existing housing group located on the opposite side of the public road which could be considered a township;
Whilst Abriachan previously consisted of several crofting townships, it did not form a linear design of crofting township and the current settlement pattern consisted of an urbanised small-holding community; and
The proposed development could have an adverse impact on other locally important heritage features.

In response to a question regarding the location of the site within the Balchraggan Township and housing group, the Independent Planning Adviser explained that a property clearance certificate had been issued in 1999 which confirmed the existing house to the south as being the residential element of the site and that the open field was considered agricultural land. He further advised that the open field had been identified at the time of issue of the certificate as “White land” which meant there was a presumption in favour of retaining its existing use as agricultural land.

During further discussion, contrasting views were expressed as to whether the proposed house could be considered to form an infill or rounding off of the existing cluster of housing. In response, the Independent Planning Advisor confirmed that, whilst there was an existing housing group within the Balchraggan Township, the Housing in the Countryside and Siting and Design Supplementary Guidance excluded the infill or extension of a housing group into a previously undeveloped open field.

Decision

The Review Body DISMISSED the Notice of Review and refused planning permission for the reasons given by the case officer in the decision notice.

5.3 Erection of House, Garage and Formation of Accesses on Land 50M SW of 11 Mackay Terrace, Portskerra, Melvich - Spencer Bird, 18/01817/FUL, 18/00056/RBCON (RB-41-18)

There had been circulated Notice of Review 18/00056/RBCON for the erection of a house, garage and formation of accesses on Land 50M SW of 11 Mackay Terrace, Portskerra, Melvich for Spencer Bird.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body discussed whether its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives, no further procedure having been requested by the applicant.

Members requested sight of Google Earth and Streetview to inform their understanding of the application site. The Independent Planning Adviser provided this.

Debate

Having considered the supporting paperwork and the Google Earth/Streetview presentation, the Planning Review Body discussed the Notice of Review.

During discussion, Members’ comments included the following:-

Whilst it was recognised that a Core Path had previously existed within the site from Bayview Terrace to Mackay Terrace/playing field, this had been removed when Melvich Primary School had been built;
The inclusion of Condition 2 of the planning permission was appropriate as there was a requirement for visibility splays at both accesses to be constructed to the required standards as set out in the Council’s Access to Single Houses and Small Housing developments guidelines; and
Whilst the inclusion of Condition 3 was considered acceptable as there was an opportunity for planning gain, the requirement to upgrade the footpath to 2 metres wide could encroach onto the front garden of “The Hook” and therefore the width of the upgraded footpath should be reduced to 1.2 metres.

Decision

The Review Body PARTIALLY APPROVED the Notice of Review, subject to the following amendments, the final wording to be drafted by the Independent Planning Adviser in consultation with the Chair:-

The removal of Condition 1 on the basis that Members did not view this as reasonable nor necessary given that there was no evidence that a current Core Path runs across the site from Bayview Terrace to Mackay Terrace/playing field and therefore the condition did not meet the tests set out in the Planning Circular 4 of 1998: use of conditions in planning permission;
Condition 2(i) to be amended to include appropriate wording in relation to the formation of the junction without reference to drawing ref: SDB3;
Condition 3 to be amended to no longer include reference to Condition 1 and to reduce the width of the footpath to be formed from 2 metres to 1.2 metres. For the avoidance of any doubt, any part of the footpath which is currently less than 1.2 metres would need to be increased in width whereas any section of the footpath currently measuring 1.2 metres would just be subject to meeting the Council’s Road Guidelines for New Developments standards in relation to any upgrading; and
Conditions 4 to 7 to remain unaltered as set out in the decision notice.

5.4 Erection of a Log Built House on Land 40M SE of 108 Achmelvich, Lochinver - Mr David Levison, 18/01808/FUL, 18/00058/RBREF (RB-42-18)

There had been circulated Notice of Review 18/00043/RBREF for the erection of a log built house on Land 40M SE of 108 Achmelvich, Lochinver for Mr David Levison.

Preliminaries

Having NOTED the Clerk’s confirmation that this was a valid and competent Notice of Review, and her advice with regard to the way the Review should be determined (item 4 above refers), the Review Body discussed whether its requirement for information had been satisfied by the Notice of Review documentation contained in Members’ USB Flash Drives, no further procedure having been requested by the applicant.

Members requested sight of Google Earth and Streetview to inform their understanding of the application site. The Independent Planning Adviser provided this.

Debate

Having considered the supporting paperwork and the Google Earth/Streetview presentation, the Planning Review Body discussed the Notice of Review.

In response to a question, the Independent Planning Advisor advised that the removal of trees could be mitigated through the inclusion of a condition in the decision notice requiring replacement planting if Members were minded to approve the Notice of Review.

During discussion, Members’ comments included the following:-

The position of the proposed development was not significantly set back from the public road and therefore would not detract from the existing line of houses in Achmelvich;
The materials proposed to be used in the construction of the house were considered appropriate in the context of the site’s location;
The design of the proposed house was not considered bulky in mass and form; and
Any issues which had been identified in relation to drainage, curtilage and landscaping could all be addressed by way of condition.

Decision

The Review Body APPROVED the Notice of Review, subject to conditions to be drafted by the Independent Planning Adviser in consultation with the Chair, for the following reasons:-

Members did not agree that the proposed development would not adhere to the established pattern of development in the locale by virtue of being significantly set back from the public road given that the proposed position was not too far back from the public road and therefore didn’t detract from the existing line of houses in Achmelvich;
Members did not agree that the proposed development would be bulky in mass and form nor that the materials were inappropriate for the site’s location; and
any issues in relation to drainage, curtilage and landscaping could all be addressed by way of condition.

The meeting ended at 12.00 pm.

Read the Agenda