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 22 January 2019 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference), Mrs I Campbell, Ms K Currie (excluding items 5.3 – 5.8, 5.10 – 6.1), Mr M Finlayson (excluding items 5.3 – 5.8 and 5.10 – 6.1), Mr C Fraser, Mr R Gale, Mr J Gordon (excluding item 5.1 and 5.4), Mr D MacKay, Mrs A MacLean, Mr C MacLeod (excluding items 5.3 – 5.8 and 5.10), Mr D Macleod, Mrs M Paterson, Mr A Rhind (excluding items 5.8 and 5.10 – 6.1), Mr K Rosie (by video conference), Mr A Sinclair (excluding items 5.2, 5.8 and 5.10 – 6.1) and Ms M Smith.  

Other Members Present:

Mrs J Barclay
Mr G Adam (Item 5.9)

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 R Hindson, Planner
Ms L Stewart, 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 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. 

Items were taken in the following order 1 – 4, 5.9, 5.1 – 5.8 and 5.10 – 6.1 but for clarity the minute will stay in numerical order.

1.  Apologies
Leisgeulan

There were no apologies for absence.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 – Mr J Gordon (non-financial)
Item 5.8 – Mr A Sinclair (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 27 November which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/001/19 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:-

• in relation to item 18/05159/PIP for 104 houses at Black Isle Road, Muir of Ord, a letter had been received relating to concerns for the A835 road, with concerns that the pavement would be widened to the detriment of the road, planning would look at these comments; and
• the 18 hole golf course at Embo application had been called in, an inquiry was due to start on 26 February and would be held at the Carnegie Hall, Clashmore.

The Committee NOTED the current position with these applications.

5.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Applicant: Mr William MacAskill (17/05940/FUL) (PLN/002/19)
Location: Land 25 m South of Cromlus, 6 Struanmore, Struan (Ward 10).
Nature of Development: Erection of two residential properties for holiday letting purposes.
Recommendation: Refuse. 

Declaration of Interest – Mr J Gordon declared a non-financial interest in this item on the basis that the applicant was his brother-in-law and left the Chamber during consideration of this item. 

There was a short adjournment to establish which ward members had called this application to Committee, Mr Gordon having declared an interest in the application. It was confirmed that Mr Gordon had declared an interest when notified had not participated in the calling in of the application. In terms of the Scheme of Delegation, as 2 other ward members had called the application to Committee, the application required to be reported to and determined by Committee. This matter having been clarified, the application proceeded to be considered as indicated below. 

There had been circulated Report No PLN/002/19 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:

• there did appear to be a civil dispute on the ownership boundary of the land but ownership of the land was not a planning consideration;
• planning permission had been granted previously for one house on the site;
• the hedge in the photograph was no longer there;
• the trees are set further back than the house;
• the separation distance between the two proposed properties was five metres, the distance from the most northern property to the house known as Cromlus was ten metres;
• there were windows on the gable end of the nearest house facing the proposed properties; and
• the previous permission was for a single house, approved by Committee in 2003, contrary to the recommendation to refuse.

During discussion, Members’ comments included the following:-

• there was a shortage of accommodation in Skye. This development would be beneficial, encourage tourism and meet tourist demand;
• the character of the properties fitted well with the surrounding area;
• noise would not be an issue, tourists generally got up and toured all day before returning to their properties at night; and
• the reasons for refusal were valid, this proposed development was against the established character of the area and the house site lent itself to one house and not two.

Mr D MacLeod, seconded by Ms B Campbell, moved approval of the application for the following reason:

1. The policy is not contrary to Policy 28 and demonstrated sensitive siting and high quality design in keeping with the local character, especially historic and natural environment as the dwellings replace an old former steading;
2. The application is not contrary to Policy 34 and fits well into the existing pattern of development and landscape character on account of their planned traditional appearance; and
3. Application is consistent with Policy 14 providing tourism accommodation reflecting a demand for this type of accommodation without adversely affecting the landscape and character of the area. 

Ms M Smith, seconded by Mr M Finlayson, moved as an amendment that the application be deferred for the applicant to change the design and siting of the houses. 

On a vote being taken, 8 votes were cast in favour of the motion and 7 in favour of the amendment, as follows:

For the motion (8)

Mrs I Campbell, Mr C Fraser, Mr D Mackay, Mr C MacLeod, Mr D MacLeod, Mrs M Paterson, Mr A Rhind and Mr A Sinclair.  

For the amendment (7)

Mr R Bremner, Ms K Currie, Mr M Finlayson, Mr R Gale, Mrs A MacLean, Mr K Rosie and Mrs M Smith.

The Committee AGREED to GRANT planning permission subject to conditions to be agreed with Councillor C Macleod as local member and the Chair. 

5.2  Applicant: Mr and Mrs Garton Jones (18/00948/FUL) (PLN/003/19)
Location:   Land 70 m SW of West Highland College UHI, Struan Road, Portree. (Ward 10).
Nature of Development: Change of use of land to allow the siting of 27 camping pods, 5 staff accommodation pods, hub building, pool sauna, new access parking, internal road and footpaths.
Recommendation: Grant.

There had been circulated Report No PLN/003/19 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 Engineer responded to Members’ questions as follows:

• this was not a traditional hotel but it was a hotel for all intents and purposes;
• from the majority of places you would see the development against the rising skyline;
• for this form of development to be classed as a major development, the development site would need to be greater than 2 hectares;
• the whole site to be developed was quite large, the footpath provision would be proportionate for this development, the remaining allocated site was large and would secure road improvements in line with the development plan;
• a current application from Skye and Lochalsh Housing Association would have access taken within the existing shared access with the college and would involve them widening the first section of Struan Road beyond that access to ensure the junction worked in a safe manner;
• the focus was on road safety rather than capacity, the traffic would be spread throughout the day and would be less likely at key peak times;
• the road speed would be reduced from 30 to 20 mph;
• the correct notifications had been carried out for this application;
• occupancy of staff accommodation was for a maximum of 10 months out of 12 to avoid staff accommodation becoming the main or principal residence of the occupants. It was acknowledged that this condition would be  difficult to monitor;
• the tree planting condition was to ensure tree planting was carried out; and
• the peat area was approximately 20 square metres, the Scottish Government guidance was to try and avoid moving the peat, but if you had to move it, not to move it too far.

During discussion, Members’ comments included the following:-

• very concerned about the traffic on Struan Road a fuller transport assessment would be beneficial;
• the development and staff accommodation as a whole was welcomed;
• this development would sit well in this environment;
• pods had become very popular, this was a great project and had been well thought out; and
• welcome and encourage developments in Skye.

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

5.3 Applicant: Jog2 Ltd per Trail Architects (18/02634/PIP) (PLN/004/19)
Location: Land NW of Seaview Hotel, John O’Groats (Ward 3).
Nature of Development: Permission in principle for mixed use development including residential and commercial elements (renewal of previous permission 14/01808/PIP). 
Recommendation:  Grant.

There had been circulated Report No PLN/004/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report.  The Report should be amended at section 13 to read that a Section 75 Agreement was required.

The Planning Officer responded to Members’ questions as follows:

• if there was a further major application submitted it would come back to Committee, happy to keep Members posted as to progress;
• when the detailed application came back parking requirements would be incorporated and there would need to be a Transport Assessment undertaken;
• applicants have acknowledged the need for parking and maintaining the parking at current levels;
• the applicants have stated a willingness to retain the “end-of-the-road-roundabout; and
• the suggested five year duration of planning permission was considered appropriate for a  larger masterplan application.

During discussion, Members’ comments included the following:-

• this was within a confined area at the end of the A99 where there would be no change in policy;
• welcomed the development contribution to Wick High School;
• hope to see improved landscaping and would hope for a quality development;
• happy to see similar or increased levels of car parking especially now we have the NC500; and
• hope to see this development happen sooner rather than later.

The Committee AGREED to GRANT subject to (i) a section 75 agreement to secure developer contributions towards the upgrading of Wick High School; and (ii) the conditions contained in the report.   

5.4 Applicant: Moray Offshore Windfarm (West) Limited (18/03309/S36) (PLN/005/19) (PLN/079/18)
Location: Moray Offshore Windfarm, Ulbster, Lybster (Ward 3).
Nature of Development: Installation of 85 wind turbines with a maximum height to tip of 285 m, rotor diameter of 250 m.
Recommendation:  Raise no Objection.

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

There had been circulated Report No PLN/005/19 and recirculated Report No PLN/079/18 by the Acting Head of Development Management - Highland recommending that the Committee raise no objection to the application subject to the conditions detailed in the report.  The developer had submitted an alternative layout and alteration to the site boundary from the previous application in December 2018.  This was an addendum to the original application which would give the developer another option, it did not supersede the previous application. 

The Planning Officer and Clerk responded to Members’ questions as follows:

• GVA stood for gross value added;
• As regards this application, the Council was a consultee not the decision maker, it was for Marine Scotland to determine the application after receiving responses from those that it had consulted and representations from the public;
• this application was to change the site boundary and reduce the amount of turbines from 85 to 78; and
• RSPB and SNH have objected to the proposals in summary because they feel that the development has the potential to impact the qualifying interests and birds of the East Caithness Cliffs SPA, it would be for Marine Scotland to make a determination on the application for the offshore development.

During discussion, Members’ comments included the following:-

• Moray and Aberdeen Councils had raised no objection to the original application, these Council’s would also be responding to this new layout; and
• if there are to be any further changes to the application, these should be reported to Committee.

The Committee AGREED to RAISE NO OBJECTION subject to the conditions listed in section B of the recommendation and deletion of section A of the recommendation.  Members are to be notified of any changes to the application/conditions. 

5.5 Applicant: Mr Gordon Adam (18/04042/FUL) (PLN/006/19)
Location: Land 560 m NE of Hillockhead, Rosemarkie (Ward 9).
Nature of Development: Siting of accommodation unit (retrospective)
Recommendation: Grant. 

There had been circulated Report No PLN/006/19 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. 

5.6 Applicant: Mr Gordon Adam (18/04788/PIP) (PLN/007/19)
Location: Land 560 m NE of Hillockhead, Rosemarkie (Ward 9).
Nature of Development: Erection of house (renewal of planning permission 14/00912/PIP).
Recommendation: Grant.   

There had been circulated Report No PLN/007/19 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.

5.7 Applicant: Muir of Allangrange Ltd (18/04082/PIP, 18/04084/PIP and 18/04085/PIP) (PLN/008/19)
Location: Land South East of Allandown, Allangrange Muir, Muir of Ord (Ward 9).
Nature of Development:  Formation of house site, drainage and access (plot 1), formation of house site, access and drainage (plot 2) and formation of house site, access and drainage (plot 3).
Recommendation: Grant. 

There had been circulated Report No PLN/008/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the applications subject to the conditions detailed in the report. 

Mrs M Paterson was concerned about the impact of traffic generated by the development on the Sir Hector MacDonald monument and asked that the planning officer take this into consideration when looking at the junction. 

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

5.8 Applicant: Mr Euan Jappy (18/04991/FUL) (PLN/009/19)
Location: Shaltigoe, 5 John Horne Drive, Wick (Ward 3).
Nature of Development: Erection of garage extension.
Recommendation: Refuse

Declaration of Interest – Mr A Sinclair declared a non-financial interest in this item and left the Chamber during consideration of this item. 

There had been circulated Report No PLN/009/19 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:

• access to the garage from the South face was not acceptable as cars would be pulling out without clear visibility, the East side of the proposed garage was not acceptable either as it affected the visibility of drivers exiting their drives from neighbouring properties.

The Committee AGREED to REFUSE in accordance with the reasons contained in the report. 

5.9 Applicant: Mrs Robyn Myers (18/05203/PIP) (PLN/010/19)
Location: Land 60 m SE of Shellcroft, Munlochy (Ward 9).
Nature of Development: Erection of house.
Recommendation: Refuse. 

There had been circulated Report No PLN/0010/19 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:

• for houses to be considered as a group there had to be a minimum of three houses, they had to have a physical relationship with each other and they have to have a well-defined cohesive characteristic;
• there had been no material change to the application made in February 2018 from the previous application and the previous reason for refusal was still applicable, a Notice of Review in respect of the earlier application was dismissed by the Planning Review Body in May 2018;
• sight lines would be achievable and therefore acceptable; and
• the flood team had commented that, if planning permission was granted, there should be no development or land raising at or below the 7 m contour and the house would have to be positioned on higher ground within the site.

During discussion, Members’ comments included the following:-

• this application was dismissed by the Planning Review Body on a very narrow margin;
• this small piece of land was an eyesore and this would be the only viable use for it and an improvement to the area
• the drainage had been addressed by condition and by SUDS;
• this application was not within policy, the Chair had asked that the Housing in the Countryside Policy be reviewed and that would happen later this year;
• there was ample opportunity to buy property in the area as Munlochy had grown considerably in recent years;
• decrofting of the land was not a concern for planning;
• there was an opportunity to review policy and amend with discussion over the Moray Firth Local Development Plan and that would be an opportunity for the public to become involved; and
• weight given to settlement patterns: the nature of houses in rural Highland tended to be sporadic.

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

Mr C Fraser moved as an amendment that the application be approved but, having failed to provide reasons in support of the motion, this amendment  was withdrawn. 

The Committee thereafter AGREED to REFUSE the application in accordance with the reasons contained in the report.

5.10 Applicant: South Kilbraur Wind Farm Ltd (18/05340/FUL) (PLN/011/19)
Location: Land 850 m SE of Ar Taig, Achork, Rogart (Ward 4).
Nature of Development: Erection of meteorological mast with guy wire supports, maximum height of 80.4 m.
Recommendation: Grant.  

There had been circulated Report No PLN/011/19 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 guy wires would not be visible from a distance but the footprint was to allow for the guy wires;
• the mast would inform on wind speed which could potentially bring a future windfarm application and an EIA scoping request had been received from South Kilbraur Wind Farm Ltd at the same time as the mast application;
• the objection from SNH could be mitigated against; and
• this application was for a mast and as such there no community benefit contribution would be secured.

During discussion, Members’ comments included the following:-

• the community in that area were against this development, the community councils had also raised strong objections;
• the applicant had had no pre-application discussion;
• SNH had raised concerns; and
• if the windfarm was not approved the mast would have to be removed;

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

Mr R Gale, seconded by Mr C Fraser, moved as an amendment that the application be refused for the following reasons: 

This application does not comply with Policy 28 in that it does not take into consideration the impact upon individual and community residential amenity:

There are several residential properties in the Knockarthur and Inchomney areas which overlook the area and this mast adds to the existing pylons and impacts adversely on the visual amenity of the area.  Furthermore it does not demonstrate sensitive siting and is not in keeping with the local character which is that of a typical crofting area.

With regard to Policy 58, while mitigation is proposed it does not fully remove the significant risk to protected species and it is noted that SNH have shown their concern by asking for protective measures to be implemented. However, the risk remains and specifically to the Black Throated Diver.

In addition it does not comply with Policy 61 as it in no way reflects the landscape character, adding an additional un-natural feature to the area. The erection of this mast will do nothing to promote sustainable growth in keeping with this crofting area and will impose an alien element to an otherwise natural environment.  

To justify this development by stating that there are pylons already in existence in the area is not acceptable and in no way should that influence the decision to refuse.

On a vote being taken, 6 votes were cast in favour of the motion and 4 in favour of the amendment, as follows:

For the motion (6)

Mr R Bremner, Ms I Campbell, Mr J Gordon, Mrs A MacLean, Mr K Rosie and Ms M Smith.  

For the amendment (4)

Mr C Fraser, Mr R Gale, Mr D MacKay and Mrs M Paterson.

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

6.  Decision of Appeals to the Scottish Government Planning and Environmental Appeals Division
Co-dhùnadh mu Iarrtas do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Lùth agus Atharrachadh Aimsir

6.1 Applicant: Marine Harvest (Scotland) Ltd (17/02707/FUL) (PPA-270-2190)
Location: Site 2130 metres East of Sconser Quarry, Sconser, Isle of Skye, IV48 8TD (Ward 10)
Nature of Development:  New site consisting of 12 x 120 metre circumference circular cages plus installation of feed system. 

The Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission subject to the seven conditions listed in annex 1 of the Decision Notice.

7.  Any Other Business

The Acting Head of Development Management – Highland advised that the Best House in Britain, a Royal Incorporation of Architects (RIAS) Award, had been awarded to a house in Ross and Cromarty and Members were shown slides of the house. 

Slides for the Nuclear Archive Building in Wick which had won the RIAS Andrew Doolan Best Building in Scotland Award for 2018 were also shown to Members.

The meeting closed at 4:40 pm.