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 27 November 2018 at 10.30 am.

Committee Members Present:

Mr R Bremner (excluding items 5.1 – 5.3, 6.1 and 7.1), Mrs I Campbell (excluding items 7.11 – 8.3), Mr M Finlayson (excluding items 6.1 – 8.3), Mr C Fraser, Mr R Gale (excluding item 6.1), Mr D MacKay, Mrs A MacLean, Mr C MacLeod (excluding item 7.1), Mr D Macleod (excluding items 6.1, 7.1 – 7.4, 7.11 – 8.3), Mrs M Paterson (excluding items 7,.2, 7.3, 7.5 – 7.9, 7.11 – 8.3), Mr A Rhind, Mr K Rosie (excluding item 7.4 and 7.11 – 8.3), Mr A Sinclair and Ms M Smith.  

Other Members Present:

Mrs J Barclay
Mr J Bruce
Mr L Fraser
Mr M Reiss (Items 7.5 and 7.10)

Officials in attendance:

Mr D Jones, Acting Head of Development Management - Highland
Mr D Mudie, Area Planning Manager – South
Mr J Murray, Senior Environmental Health Officer
Ms J Bridge, Senior Engineer (Development Management)
Mrs E McArthur, Principal Planner
Dr S Turnbull, Coastal Planning Officer
Mrs R Hindson, Planner
Mr G Sharp, Planner
Mrs G Pearson, Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs A MacArthur, Administrative Assistant

Business

Ms Maxine Smith in the Chair

The Chair delayed the start of the meeting to 11.00 am to allow time for the webcast to be made available.  Unfortunately due to technical difficulties which could not be resolved the meeting was not webcast. 

Items were taken in the following order 1 – 3, 9, 4 – 6.1, 7.10, 7.5, 7.1 – 7.4, 7.6 – 7.9, 7.11, 8.1 – 8.3 but for clarity the minute will stay in numerical order.

1.  Apologies
Leisgeulan

Apologies for absence were intimated on behalf of Ms K Currie and Mr J Gordon.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 7.1 – Mr R Bremner (non-financial)
Item 7.5 – Mr K Rosie (non-financial) 

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 16 October 2018 which following amendment on page 3, item 5.2, to record Councillor Fraser’s and Councillor Adam’s concerns about the operational needs assessment process was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/065/18 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 Acting Head of Development Management – Highland responded to Members queries as follows:-

• applications that had been ongoing before the changes to the ward numbers could not now have their ward numbers changed on the planning system, new applications would, however, reflect the current ward numbers; and
• in relation to Culcairn Farmhouse, Evanton the planning application had been in principle so further detailed planning would be brought back to committee in the form of an application. 

The Committee NOTED the current position with these applications.

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

5.1 Description: Wind farm and associated infrastructure (18/04363/PAN) (PLN/066/18)
Ward: 3
Applicant: Cogle Moss Renewables LLP
Site Address: Land 816M NE Of Blackpark, Watten.

There had been circulated Report No PLN/066/18 by the Acting Head of Development Management - Highland 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.

5.2 Description: Proposed new 275/220 kV electricity substation on land at Lower Dounreay (18/05143/PAN) (PLN/067/18)
Ward: 2
Applicant: Scottish Hydro Electric Transmission Plc
Site Address: Land To South Of Existing Substation, Dounreay.

There had been circulated Report No PLN/067/18 by the Acting Head of Development Management - Highland 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.

5.3 Description: Erection of 11 wind turbines (up to 40 mW) including associated infrastructure (access roads, hard crane standings, met mast, internal cable routes, drainage, buildings and compounds (18/05226/PAN) (PLN/068/18)
Ward: 3
Applicant: E.ON Climate and Renewables UK Developments Ltd
Site Address: Camster II Wind Farm, Land 2000M NW Of Tannach Hill, Tannach, Wick.

There had been circulated Report No PLN/068/18 by the Acting Head of Development Management - Highland 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 Item
Cuspairean a' Leantainn

6.1 Applicant: Mr Ike Barnes (18/00385/FUL) (PLN/069/18) (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 (Wrongly shown on agenda and on PLN/069/18 as “Refuse”).

Only Members taking part in the previous meeting on 11 September 2018 could take part in this item, namely, Ms I Campbell, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs M Paterson, Mr A Rhind, Mr K Rosie, Mr A Sinclair and Ms M Smith.

There had been circulated Report No PLN/069/18 and recirculated Report No PLN/057/18 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report and the amendment of condition 5 to extend the time period to 5 December 2020.  This application had been deferred from the meeting on 11 September 2018 to allow for the submission of detailed proposals for future intentions on the land.  Drone footage had been taken of the application site and this was shown to Members. 

The Planning Officer responded to Members’ questions as follows:

• an agricultural shed did not always require planning permission, this depends on the size and position of the shed, the applicant was now very attuned to the need for planning permission;
• no representations or objections had been withdrawn since the original application;
• the site had been tidied to an extent with some native tree planting and fencing undertaken;
• the applicant was prepared to do more work to the area if he was granted planning permission; and
• the removal of the containers from the site would be a condition of any permission.

During discussion, Members’ comments included the following:-

• Members had been critical of this development in September and very little had improved on site since then;
• Members would see what works had been undertaken when the planning application came in for the croft house; and
• As regards retrospective applications generally, members welcomed inclusion in the new Planning (Scotland) Bill provision that retrospective applications for planning permission would pay a higher fee.

The Committee AGREED to GRANT planning permission subject to the conditions listed in the report and subject to (i) amendment of the date in condition 1 from 15 September 2020 to 5 December 2020; and (ii) an additional condition requiring removal of the containers off site by 5 December 2020.

7.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1 Applicant: A M O'Brien (17/04927/FUL) (PLN/070/18)
Location: Smithy Cottage, Ulbster, Lybster, KW2 6AA (Ward 3).
Nature of Development: Siting of 3 wood burners and 1 wood drying container (retrospective).
Recommendation: Grant. 

Declaration of Interest – Mr R Bremner declared a non-financial interest in this item on the basis that he knew the applicant socially and that his sister, a member of the Community Council, had made a representation and as such left the Chamber during consideration of this item. 

There had been circulated Report No PLN/070/18 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 and Senior Environmental Health Officer responded to Members’ questions as follows:

• the initial problems had been caused by the incorrect use of the wood burners,  condition 1 had been amended to ensure the development was operated in strict accordance with the approved details including the approved wood burner specifications; and
• Environmental Health officers would continue to monitor the development, the next step, following complaints, would be enforcement action, including the possibility of fixed penalty notices.

During discussion, Members’ comments included the following:-

• on a question as to whether this would have been recommended for refusal if the application had not been retrospective, the Acting Head of Development Management - Highland  advised that, as the issue had been with the operation of the wood burners, there would have been no reason to refuse this application;
• this was a low scale renewable heating initiative; and
• Members indicated their concerns about retrospective planning applications.

Mr D Mackay, seconded by Mrs M Paterson, moved that a site visit be undertaken prior to a determination being made. 

Ms M Smith, seconded by Mrs A MacLean, moved as an amendment that the application be determined without a site visit. 

On a vote being taken, 3 votes were cast in favour of the motion and 8 in favour of the amendment, as follows:

For the motion (3)

Mrs I Campbell, Mr D Mackay and Mrs M Paterson.  

For the amendment (8)

Mr C Fraser, Mr R Gale, Mrs A MacLean, Mr D Macleod, Mr K Rosie, Mr A Sinclair, Mr A Rhind and Mrs M Smith.

The amendment became the finding of the meeting and the Members proceeded to determine the application. 

Mr K Rosie, seconded by Mrs M Paterson, moved that the application be refused but, having failed to provide reasons in support of the motion, it was withdrawn. 

The Committee AGREED to GRANT the application subject to the conditions contained in the report. 

7.2 Applicant: Migdale Smolt Ltd (18/01202/S42) (PLN/071/18)
Location: Jubilee Site, Loch Shin, Lairg. IV27 4NY (Ward 1).
Nature of Development: Application under section 42 to remove condition of planning permission 06/00473/FULSU – removal of 10 year condition.
Recommendation: Grant.

There had been circulated Report No PLN/071/18 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 responded to Members’ questions as follows:

• the smolt farm had smaller fish and the applicant was addressing the issue of the fish that had been trapped downstream, this would be monitored by Marine Scotland and the Fishery Board.

During discussion, Members’ comments included the following:-

• escaped fish put wild fish at risk; and
• in the previous ten years there had been no issues, a further permission for 10 years would address concerns from the District Salmon Fishery Board and the Scottish Government.

The Committee AGREED to GRANT the application subject to the conditions contained in the report.

7.3 Applicant: Migdale Smolt Ltd (18/01203/S42) (PLN/072/18)
Location: Loch Merkland, Achfary, Lairg, IV27 4NZ (Ward 1).
Nature of Development: Application under section 42 to remove condition 2 of planning permission 08/00038/FULSU – temporary permission for 10 years expiring on 27/11/2018.
Recommendation: Grant.

There had been circulated Report No PLN/072/18 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 the application subject to the conditions contained in the report.

7.4 Applicant: Different Roads Management (18/02161/FUL) (PLN/073/18)
Location: Balmacara Hotel, Balmacara, Kyle IV40 8DH (Ward 5).
Nature of Development: Proposed alterations and extension to hotel.
Recommendation: Grant. 

There had been circulated Report No PLN/073/18 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 responded to a Member’s question by stating that there had been no issues with the new footpath shown on the plan and the existing footpath was to be renewed and not removed.

The Committee AGREED to GRANT the application subject to the conditions contained in the report.

7.5 Applicant: Pentland Property Limited and Premier Inn Hotels Limited (18/02298/FUL) (PLN/074/18)
Location: Thurso Auction Mart, Ormlie Road, Thurso  (Ward 2).
Nature of Development: Erection of hotel with ancillary restaurant and bar with outdoor seating area and associated car parking, servicing, external plant area, new road and pedestrian access (including engineering operations).
Recommendation: Grant. 

Declaration of Interest – Mr K Rosie declared a non-financial interest in this item on the basis that he had publicly supported the development and as such left the Chamber during consideration of this item. 

There had been circulated Report No PLN/074/18 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 responded to Members’ questions as follows:

• there was a suspensive condition to upgrade the pavement, the detailed plans would show the reconstruction.

During discussion, Members’ comments included the following:-

• the objections seemed to be concerned with the building phase and not the development itself;
• the development would have a positive impact on the town centre and in the wider economy with the added competition;
• there was no like for like business, business customers provided 60% of the business for existing establishments;
• based on survey work by Visit Scotland this development would bring £1.85 million to the wider economy;
• this area had been an eyesore since the auction marts had moved out of the site, development was welcome; and
• the development would bring jobs to the area.

The Committee AGREED to GRANT the application subject to the conditions contained in the report.

7.6 Applicant: Glendevon Energy Company Ltd (18/02458/FUL) (PLN/075/18)
Location: Land at Loch A Bhraoin, Braemore, Loch Broom (Ward 5).
Nature of Development: Installation of hydro-electric scheme (up to 2.0 mW) including dam and intakes, buried pipelines, powerhouse, tailrace,  formation of access track, borrow pits, and buried 33 kV cable grid connection (EIA development)
Recommendation: Grant. 

There had been circulated Report No PLN/075/18 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 the application subject to the conditions contained in the report.

7.7 Applicant: Mr D Ross (18/02836/FUL) (PLN/076/18)
Location: 10 Shore Street, Shandwick, Tain (Ward 7).
Nature of Development: Change of use of land to form garden ground.  Erection of 1.8 m high fence and widening of road.
Recommendation: Grant. 

There had been circulated Report No PLN/076/18 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 the application subject to the conditions contained in the report

7.8 Applicant: Mr James Coghill (18/02975/FUL) (PLN/077/18)
Location: Land 45M West of Ocala, Oldwick, Wick. (Ward 3).
Nature of Development: Erection of single storey dwelling, creation of new private access and installation of private drainage system.
Recommendation: Refuse.

There had been circulated Report No PLN/077/18 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 and Senior Engineer (Development Management) responded to Members’ questions as follows:

• the applicant had sought pre-application advice and had been asked to reposition the house and this corner had been suggested;
• the traffic was generated at that junction and the junction was severely substandard; and
• this development was out with the settlement development area in the CASPLAN and the application had been made prior to adoption of the CASPLAN.

Mr R Bremner, seconded by Mr A Sinclair, moved that the application be granted for the following reasons:

1.  the proposal is not considered to be in conflict with the HwLDP in that it is sympathetic in terms of its siting and design to the pattern of development in the surrounding area including Carnaby Road and March Road; and

2.  the proposal is not considered to be contrary to Policy 28 given that the main access would be via Carnaby Road.

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

On a vote being taken, 7 votes were cast in favour of the motion and 5 in favour of the amendment, as follows:

For the motion (2)

Mr R Bremner, Mrs I Campbell, Mr D MacKay, Mr C MacLeod, Mr D MacLeod, Mr K Rosie and Mr A Sinclair.  

For the amendment (12)

Mr C Fraser, Mr R Gale, Mrs A MacLean, Mr A Rhind and Ms M Smith.

The motion therefore became the finding of the meeting and the Committee AGREED to GRANT the application subject to conditions to be drafted and approved by the Chair and local members, Mr R Bremner and Mr A Sinclair, including a condition requiring the property to be connected to the public water system. For the avoidance of doubt, the proposed septic tank arrangement is not approved, for the reasons given in the report.

7.9 Applicant: Baoighill Aoigheachd Ltd (18/03257/FUL) (PLN/078/18)
Location: Sgeir Bhuidhe, Plockton, IV52 8TL (Ward 5).
Nature of Development: Change of use from residential (use class 9) to guest house (use class 7).
Recommendation: Grant.

There had been circulated Report No PLN/078/18 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 the application subject to the conditions contained in the report.

7.10 Applicant: Moray Offshore Windfarm (West) Limited (18/03309/S36) (PLN/079/18)
Location:  (Ward 3).
Nature of Development: Offshore windfarm comprising installation of a maximum of 85 turbines with a maximum height to tip of 285 m and rotor diameter of 250 m.
Recommendation: Raise an objection.

There had been circulated Report No PLN/079/18 by the Acting Head of Development Management - Highland recommending that the Committee Raise an objection for the reasons etailed in the report.  Members were shown drone footage of the area with the existing turbines coloured to enable Members to see them.  

The Planning Officer responded to Members’ questions as follows:

• the turbines had been given strong colours to show the worst case scenario of the turbines;
• an addendum had been received recently but the impact of the addendum had yet to be assessed by officers;
• the addendum had compacted the turbines but had not reduced their number;
• with no response from the Community Council nobody was aware of their views;
• the turbines would be fitted with lights for aviation purposes; and
• the officer indicated that he was aware that community councils had met to discuss the application but nothing had been received thereafter.

During discussion, Members’ comments included the following:-

• the turbines were obvious with the colours shown but in reality they were hardly seen unless on a very clear day;
• in relation to items 8.1 and 9.7 of the Report on economic impact, the government was looking to capitalise on the wind farm resource and would be increasing targets, with further development to come, this development was less intrusive;
• the objections related to fishery aspects;
• there were very few complaints in comparison to complaints for onshore wind farms; and
• there was substantial benefit to the area with the jobs that would be created;

The Committee thereafter AGREED to RAISE NO OBJECTION to the application for the following reason:

Whilst it is acknowledged that the proposed development will sometimes, dependant on visibility, cause a detrimental impact on the open and panoramic sea views, recognised in the Council’s Assessment of Highland Special Landscape Areas, the application needs to be assessed in its entirety.  In support of the development are the likely positive effects on the local economy, in particular the amount of jobs that are to come to the Highlands; and the need to make Scotland self-sufficient in its energy generation, as supported by directives from the Scottish Government.  The economic benefits offered by this development were considered to outweigh the adverse impacts.

7.11 Applicant: Cairn Housing Association (17/05598/FUL) (PLN/080/18)
Location: Memorial Field Station Road Avoch (Ward 9).
Nature of Development: Erection of housing development (34 units) and associated infrastructure (phase 1).
Recommendation: Grant.

There had been circulated Report No PLN/080/18 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 responded to Members’ questions as follows:

• the 20 mph speed limit would be extended beyond the development;
• public art would be included in the community benefit and the developers would consult with local Members, this could be either on site or in a different location;
• the houses were two storey but there was a lot of under building and you would not see the full extent of the houses from the road; and
• it was the most sensible location for the tallest building as it was the lowest part of the site.

During discussion, Members’ comments included the following:-

• developer contributions would be provided for primary school accommodation, public art, infrastructure improvements to bus shelters;
• the secondary school and surgery had the capacity for this new housing development and developer contributions had not been requested for these;
• a larger play area would be expected when the second phase came for planning; and
• the area across the road from the development was the drop off point for school buses, the drains had a lot of issues and would need to be kept clear.

The Committee AGREED to GRANT the application subject to the conditions contained 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: West Garty Renewables LLP (14/04486/S36)
Location: 4 km South of Helmsdale and 10 km North of Brora, Highland
Nature of Development:  17 turbines, 13 with a maximum height from ground to blade tip of 100 m and 4 with a maximum height from ground to  blade tip  of  110 m. 

The Committee NOTED the decision of the Scottish Ministers to refuse the application for consent made under Section 36 of the Electricity Act 1989 and to refuse planning permission for the reasons stated in the Decision Letter.

8.2 Applicant: Mr R Wilkie (18/01441/FUL) (PPA-270-2199)
Location: Hillside, South Obbe, Kyleakin, Isle of Skye, IV41 9PN (Ward 10)
Nature of Development:  Demolition of garage and erection of ancillary accommodation. 

The Committee NOTED the decision of the Scottish Ministers to refuse the application for the reasons stated in the Decision Letter.

Claim for an award of expenses decision 

8.3 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 who had found that the Council had not acted in an unreasonable manner resulting in liability for expenses and had declined to make any award of expenses for the reasons stated in the Decision Letter.

9.  Any Other Business

The planning small applications team, set up last year and headed by Bob Robertson, had won a Quality Award.  The team had worked hard in terms of performance and were a valuable team. 

Following a Committee decision in March 2015 (reference 15/00346/FUL) the Nuclear Archive Building in Wick had won the prestigious Royal Incorporation of Architects in Scotland (RIAS) Andrew Doolan Best Building in Scotland Award for 2018 https://www.bbc.co.uk/news/uk-scotland-highlands-islands-46099467.  Members recognised that the Nuclear Archive Building was a stunning building that was worth promoting.  The building gave a huge boost to the area following the closure of Dounreay.  A photograph of the completed building was to be circulated to Members of NPAC. 

There being no further business the meeting closed at 17.45 pm.