Agendas, reports and minutes

Minute of the South Planning Applications Committee site visit held on Monday 18 February 2019 at 12.00 noon and the special meeting held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday 20 February 2019 at 10.30 am.

Committee Members Present:

Mr R Balfour, Mr A Baxter, Mr B Boyd, Mr J Bruce (Substitute), Mr J Gray, Mr A Jarvie (as an observer), Mr B Lobban, Mr D Macpherson (Substitute), Mr C Smith (Substitute), Mr B Thompson

Non Committee Members Present:

Mrs T Robertson (as an observer)

Officials in attendance:

Mr D Mudie, Area Planning Manager – South
Ms S Macmillan, Team Leader
Mr M Clough, Senior Engineer, Transport Planning
Mr D Haas, Inverness City Area Manager (Clerk)
Mr S Taylor, Administrative Assistant

Mr J Gray in the Chair

Preliminaries

The Chairman 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.

The Committee NOTED that item 3.8 on the agenda had been deferred to the next meeting of the Committee:-

3.8
Applicant: Vento Ludens Ltd (18/05750/FUL) (PLS/019/19)
Location: Land 1100m SW of Glencoe Caravan and Camping Site, Glencoe. (Ward 21)
Nature of Development: Construction of a run of river hydro scheme, including intake, buried pipeline, turbine house, outfall, grid connection & access tracks.
Recommendation: Grant.

Business

1. Apologies for Absence
Leisgeulan

Apologies for absence for the Site visit on 18 February 2019 and the meeting on 20 February 2019 were intimated on behalf of Ms C Caddick, Mr G Cruickshank, Mrs M Davidson, Mr L Fraser, Ms P Hadley, Mr T Heggie, Mr R Laird, Mr R MacWilliam and Mr N McLean. 

2. Declarations of Interest
Foillseachaidhean Com-pàirt

None.

3. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

In relation to items 3.1 – 3.7 on the agenda, there had been circulated Reports No PLS/012/19 (Item 3.1), PLS/013/19 (Item 3.2), PLS/014/19 (Item 3.3), PLS/015/19 (Item 3.4), PLS/016/19 (Item 3.5), PLS/017/19 (Item 3.6) and PLS/018/19 (Item 3.7) by the Area Planning Manager – South recommending the grant of the applications, subject to the conditions detailed in the report.

A site visit had taken place on the 18 February 2019 attended by the following Members: Mr R Balfour, Mr A Baxter, Mr B Boyd, Mr J Bruce (Substitute), Mr J Gray, Mr B Lobban, Mr D Macpherson (Substitute), Mr C Smith (Substitute) and Mr B Thompson.  Only those Members who had attended the site visit and were present at the meeting took part in the determination of the applications.

The Committee AGREED that the reports and recommendations be presented by the planning officer in the order that the applications were viewed on the site visit.

Mrs S MacMillan presented the report and recommendation for the following items:-

3.3
Applicant: Dickins Hydro Resources Ltd (18/02742/FUL) (PLS/014/19)
Location: Land 1000M SW of Altachaorin, Glenetive (Allt Chaorainn). (Ward 21)
Nature of Development: Installation of (1,640kW) run-of-river hydropower system, including two intakes, buried pipeline, powerhouse building, outfall, and bridge (Allt Chaorainn)
Recommendation: Grant.

Mr A Baxter advised that he was a Member of the John Muir Trust which had objected to the application.  He confirmed, however, that he did not consider this to be a declarable interest and that he would take part in the deliberation and determination of this item.

In response to questions, the following was confirmed:-

• It was proposed that an on-demand system encompassing an on-off switch to control river flow be arranged between the applicant and the Scottish Canoe Association (SCA) to enable canoeists to use the rivers located within the proposed hydro-scheme;
• If an agreement could not be reached regarding the on-demand system, specific periods of shutdown to allow canoe access would be imposed by SEPA under the Controlled Activities Regulations (CAR) license;
• The planning authority was seeking to put into place effective monitoring of the reinstatement of tracks through increased dialogue with the Ecological Clerk of Works and the Landscape Clerk of Works;
• It was anticipated that the contact details of the main contractors would be published on notice boards around the proposed development;
• The construction method statement included all contact details of the developers and the Council could be used as a point of contact for reporting any breaches of planning;
• The proposed compensatory tree planting plan would only include provision to replace those trees which required to be removed due to the construction of the proposed development;
• Provision could be made within the construction management plan for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works; and
• The Access Management Plan could include provision for temporary signage close to the junction with the A82 advertising the temporary bridge closure. 

3.6
Applicant: Dickins Hydro Resources Ltd (18/05439/FUL) (PLS/017/19)
Location: Land North West of Inbhirfhaolain, Glenetive (Allt Fhaolain). (Ward 21)
Nature of Development: Installation of (425kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt Fhaolain)
Recommendation: Grant

No points of clarification were raised.

3.1
Applicant: Dickins Hydro Resources Ltd (18/02738/FUL) (PLS/012/19)
Location: Land 400M North Of Glenview, Glenetive (Allt Charnan). (Ward 21)
Nature of Development: Installation of (1,035kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt Charnan)
Recommendation: Grant.

In response to questions, the following was confirmed:-

• SEPA had originally objected to the application due to a lack of detailed information; however, the issues which had been identified could be mitigated through condition;
• In relation to the Environmental Impact Assessment Reports (EIARs), the applicant had not provided a direct assessment of the predicted impact of the development on tourism;
• Whilst the EIARs had not made reference to the potential benefits to the estate owners of income from the hydro schemes, it had been highlighted in the report that the proposed development could help to sustain local employment in the glen;
• The application was located within the area of the Argyll District Salmon Fisheries Board;
• Protections could be put in place by SEPA through the CAR Licence to ensure retention of low flows in the rivers and to regulate the amount of water that can be extracted from the rivers;
• The upgrading of the existing overhead line would be determined under section 37 of the Electricity Act 1989 by Scottish Ministers and the Council would be a consultee on a section 37 application;
• Consideration had been given to the potential impact on the wider appreciation of the wild land area or qualities in the area arising from the proposed development;
• The Construction Method Statement required all construction vehicles (including workforce vehicles) to use the forestry road from Invercharnan to the jetty, avoiding the lower section of the public road;
• Information submitted with the application had been based on a five-man team of workforce using one vehicle and the number of trips had been calculated taking into account the duration of the development;
• A capacity assessment of the existing public road had not been undertaken by the applicant;
• The recommendation included conditions requiring localised road improvements to be made prior to commencement of construction;
• Local area roads officers had previously looked into potential opportunities to provide a temporary clear way or other traffic prohibition order in relation to passing places; however, it was unlikely that this would receive authority;
• There was requirement to enhance the Construction Management Plan and any impact on existing users of the public road from construction traffic would be reviewed; and
• Further details of the proposed management of staff trips and speed limits would be included within the Construction Management Plan and it was anticipated that staff trips would be on the basis of one trip into the site and one trip out per day.

3.4
Applicant: Dickins Hydro Resources Ltd (18/03024/FUL) (PLS/015/19)
Location: Land 240m North West of Schoolhouse Cottage Bothy, Glenetive (Allt nan Gaoirean). (Ward 21)
Nature of Development: Installation of (980kW) run-of-river hydropower system, associated works (Allt nan Gaoirean)
Recommendation: Grant

No points of clarification were raised.

3.2
Applicant: Dickins Hydro Resources Ltd (18/02739/FUL) (PLS/013/19)
Location: Land 155m south of Glen Ceitlein, Glenetive (Allt Ceitlein). (Ward 21)
Nature of Development: Installation of (810kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt Ceitlein)
Recommendation: Grant.

Mr A Baxter advised that he was a Member of the John Muir Trust which had objected to the application.  He confirmed, however, that he did not consider this to be a declarable interest and that he would take part in the deliberation and determination of this item.

In response to questions, the following was confirmed:-

• It was proposed that a temporary construction track (3.4m) be formed from the Ceitlein bridge to the intakes within the proposed development; and
• The proposed powerhouse was formed of a part-buried structure and would be approximately 5m high from the base of the river bank.

3.7
Applicant: Dickins Hydro Resources Ltd (18/05440/FUL) (PLS/018/19)
Location: Land 650m south west of Coiletir, Glenetive (Allt Mheuran). (Ward 21)
Nature of Development: Installation of (885kW) run-of-river hydropower system, including one intake structure, buried pipeline, powerhouse building, outfall, bridges, formation of borrow pits and access tracks (Allt Mheuran)
Recommendation: Grant

In response to questions, the following was confirmed:-

• The visibility of the proposed intake was dependent on the height of the river flow; however, measures had been suggested to minimise the impact of structures within the intake which could be visible during low river flow;
• The proposed temporary construction access track from the powerhouse to the intake would be 3.4 metres wide;
• Scottish Natural Heritage did not did not raise butterfly interests in its consultation response; and
• The potential for compensatory planting around the existing deer stalker’s track to the right hand side of the burn had not been raised by Scottish Natural Heritage.

3.5
Applicant: Dickins Hydro Resources Ltd (18/03026/FUL) (PLS/016/19)
Location: Land 290M North of Hollybank, Glenetive (Allt a Bhiorain). (Ward 21)
Nature of Development: Installation of (715kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt a Bhiorain)
Recommendation: Grant

No points of clarification were raised.

The meeting briefly adjourned for a comfort break.

Following the adjournment, and in response to further questions, it was confirmed that an advisory note to the applicant could be included under item 3.3 seeking the inclusion of Rowan trees within the compensatory planting scheme.

It was also confirmed that the following changes to the recommendations contained within the reports could be made:-

• Condition 3(b) in all the applications to read as “weekly” rather than “monthly”;
• The inclusion of the following sentence at the end of Condition 5 in items 3.1, 3.2, 3.6 and 3.7 and Condition 6 in item 3.3: “Thereafter the passing place improvements shall be fully undertaken in accordance with the approved details prior to the commencement of any other part of the development.”;
• The inclusion of the following additional sub condition in Condition 3 in items 3.2 to 3.7: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”; and
• The inclusion of the following sentence at the end of Condition 20 in item 3.2, Condition 18 in items 3.3 and 3.7:: “For the avoidance of doubt the Access Management Plan shall include provision for temporary signage close to the junction with the A82 advertising the temporary bridge closure.”

During discussion, Members’ comments included the following:-

• In emphasising the potential cumulative impact of all seven proposed developments on the whole of Glen Etive, particular concern was expressed regarding the three applications that were within wild land areas;
• Whilst Glen Etive could be described as being “far from pristine” due to the impact of forestry works, the wild land areas contained within the glen had clear characteristics and qualities which made the area special;
• Concern was expressed that SNH, as the progenitors for designating wild land areas in Scotland, did not object on the grounds of the potential impact of the proposed developments on the wild land areas;
• Whilst the proposed developments were described as being on the edge of the wild land areas, the principle of wild land areas was sacrosanct and the impact of any potential development on the edge of wild land areas should be considered in the context of the wider wild land area;
• In highlighting the impact of construction tracks which had arisen from other developments within the Lochaber area, concern was expressed in relation as to how the reinstatement process for construction tracks would be managed here and the potential impact this could have on Glen Etive despite the applicant’s assurances that these would be minimised;
• It was emphasised that the number of material considerations which had been identified within the report showed the substantial impact the proposed developments could have on the area;
• In highlighting the substantial changes which had taken place in the glens over the years, it was considered that the proposed hydro development could have a positive impact;
• With reference to a recent report by the International Panel on Climate Change (IPCC) and the Scottish Government’s energy strategy which targeted a low carbon economy, it was emphasised that developments such as that proposed at Glen Etive and the aggregation of other micro hydro projects could help to achieve this;
• It was emphasised that the success of hydro schemes could make estates profitable and therefore the positive economic impact could enable better management and conservation of these estates going forward; and
• The changes made by the applicant to the original proposals, the remuneration requirements contained within the recommendation, and the improvements which had been made in enforcement and monitoring of similar developments had provided enough reassurance to support the granting of the applications.

Decisions

3.1
Applicant: Dickins Hydro Resources Ltd (18/02738/FUL) (PLS/012/19)
Location: Land 400M North Of Glenview, Glenetive (Allt Charnan). (Ward 21)
Nature of Development: Installation of (1,035kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt Charnan)
Recommendation: Grant.

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”; and
• The inclusion of the following sentence at the end of Condition 5: “Thereafter the passing place improvements shall be fully undertaken in accordance with the approved details prior to the commencement of any other part of the development.”

3.2
Applicant: Dickins Hydro Resources Ltd (18/02739/FUL) (PLS/013/19)
Location: Land 155m south of Glen Ceitlein, Glenetive (Allt Ceitlein). (Ward 21)
Nature of Development: Installation of (810kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt Ceitlein)
Recommendation: Grant.

No consensus having been reached between the members, Mr J Gray, seconded by Mr B Thompson, moved a motion that the application be granted subject to the conditions detailed in the report.

Mr A Baxter, seconded by Mr B Lobban, moved as an amendment that the application be refused on the grounds that:-

• the proposed development was contrary to Paragraph 200 of the Scottish Planning policy National Planning Framework 3 and Policy 57 of the Highland Wide Local Development Plan as it would have an unacceptable impact on the wild land characteristics displayed in wild land area 9 which was an area very sensitive to any form of intrusive human activity and had no capacity to accept this development, in particular, it would erode the sense of remoteness within the wild land area by extending built development and other man-made features beyond the glen floor thereby challenging the integrity of wild land qualities.

On a vote being taken, six votes were cast in favour of the motion and three votes in favour of the amendment, with no abstentions as follows:-

Motion

Mr R Balfour
Mr B Boyd
Mr J Bruce
Mr J Gray
Mr D MacPherson
Mr B Thompson

Amendment

Mr A Baxter
Mr B Lobban
Mr C Smith

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”;
• Condition 3 to include an additional sub condition: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”;
• The inclusion of the following sentence at the end of Condition 5: “Thereafter the passing place improvements shall be fully undertaken in accordance with the approved details prior to the commencement of any other part of the development.”; and
• The inclusion of the following sentence at the end of Condition 20: “For the avoidance of doubt the Access Management Plan shall include provision for temporary signage close to the junction with the A82 advertising the temporary bridge closure.”

3.3
Applicant: Dickins Hydro Resources Ltd (18/02742/FUL) (PLS/014/19)
Location: Land 1000M SW of Altachaorin, Glenetive (Allt Chaorainn). (Ward 21)
Nature of Development: Installation of (1,640kW) run-of-river hydropower system, including two intakes, buried pipeline, powerhouse building, outfall, and bridge (Allt Chaorainn)
Recommendation: Grant.

No consensus having been reached between the members, Mr J Gray, seconded by Mr B Thompson, moved a motion that the application be granted subject to the conditions detailed in the report.

Mr A Baxter, seconded by Mr B Lobban, moved as an amendment that the application be refused on the grounds that:-

• the proposed development was contrary to Paragraph 200 of the Scottish Planning policy National Planning Framework 3 and Policy 57 of the Highland Wide Local Development Plan as it would have an unacceptable impact on the wild land characteristics displayed in wild land area 9 which was an area very sensitive to any form of intrusive human activity and had no capacity to accept this development, in particular, it would erode the sense of remoteness within the wild land area by extending built development and other man-made features beyond the glen floor thereby challenging the integrity of wild land qualities.

On a vote being taken, six votes were cast in favour of the motion and three votes in favour of the amendment, with no abstentions as follows:-

Motion

Mr R Balfour
Mr B Boyd
Mr J Bruce
Mr J Gray
Mr D MacPherson
Mr B Thompson

Amendment

Mr A Baxter
Mr B Lobban
Mr C Smith

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”;
• Condition 3 to include an additional sub condition: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”;
• The inclusion of the following sentence at the end of Condition 6: “Thereafter the passing place improvements shall be fully undertaken in accordance with the approved details prior to the commencement of any other part of the development.”; and
• The inclusion of the following sentence at the end of Condition 18: “For the avoidance of doubt the Access Management Plan shall include provision for temporary signage close to the junction with the A82 advertising the temporary bridge closure.”

The Committee also AGREED that an advisory note be included seeking the inclusion of Rowan trees within the compensatory planting scheme.

3.4
Applicant: Dickins Hydro Resources Ltd (18/03024/FUL) (PLS/015/19)
Location: Land 240m North West of Schoolhouse Cottage Bothy, Glenetive (Allt nan Gaoirean). (Ward 21)
Nature of Development: Installation of (980kW) run-of-river hydropower system, associated works (Allt nan Gaoirean)
Recommendation: Grant.

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”; and
• Condition 3 to include an additional sub condition: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”

3.5
Applicant: Dickins Hydro Resources Ltd (18/03026/FUL) (PLS/016/19)
Location: Land 290M North of Hollybank, Glenetive (Allt a Bhiorain). (Ward 21)
Nature of Development: Installation of (715kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt a Bhiorain)
Recommendation: Grant.

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”; and
• Condition 3 to include an additional sub condition: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”

3.6
Applicant: Dickins Hydro Resources Ltd (18/05439/FUL) (PLS/017/19)
Location: Land North West of Inbhirfhaolain, Glenetive (Allt Fhaolain). (Ward 21)
Nature of Development: Installation of (425kW) run-of-river hydropower system, associated plant, buildings and access roads (Allt Fhaolain)
Recommendation: Grant.

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”;
• Condition 3 to include an additional sub condition: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”; and
• The inclusion of the following sentence at the end of Condition 5: “Thereafter the passing place improvements shall be fully undertaken in accordance with the approved details prior to the commencement of any other part of the development.”

3.7
Applicant: Dickins Hydro Resources Ltd (18/05440/FUL) (PLS/018/19)
Location: Land 650m south west of Coiletir, Glenetive (Allt Mheuran). (Ward 21)
Nature of Development: Installation of (885kW) run-of-river hydropower system, including one intake structure, buried pipeline, powerhouse building, outfall, bridges, formation of borrow pits and access tracks (Allt Mheuran)
Recommendation: Grant.

No consensus having been reached between the members, Mr J Gray, seconded by Mr B Thompson, moved a motion that the application be granted subject to the conditions detailed in the report.

Mr A Baxter, seconded by Mr B Lobban, moved as an amendment that the application be refused on the grounds that:-

• the proposed development was contrary to Paragraph 200 of the Scottish Planning policy National Planning Framework 3 and Policy 57 of the Highland Wide Local Development Plan as it would have an unacceptable impact on the wild land characteristics displayed in wild land area 9 which was an area very sensitive to any form of intrusive human activity and had no capacity to accept this development, in particular, it would erode the sense of remoteness within the wild land area by extending built development and other man-made features beyond the glen floor thereby challenging the integrity of wild land qualities.

On a vote being taken, five votes were cast in favour of the motion and three votes in favour of the amendment, with one abstention as follows:-

Motion

Mr R Balfour
Mr B Boyd
Mr J Bruce
Mr J Gray
Mr B Thompson

Amendment

Mr A Baxter
Mr B Lobban
Mr C Smith

Abstention

Mr D MacPherson

Decision

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and to the following amendments:-

• Condition 3(b) to read as “weekly” rather than “monthly”;
• Condition 3 to include an additional sub condition: “Provision made for a point of contact with the contractor within Glen Etive for members of the public for the duration of the construction works.”;
• The inclusion of the following sentence at the end of Condition 5: “Thereafter the passing place improvements shall be fully undertaken in accordance with the approved details prior to the commencement of any other part of the development.”; and
• The inclusion of the following sentence at the end of Condition 18: “For the avoidance of doubt the Access Management Plan shall include provision for temporary signage close to the junction with the A82 advertising the temporary bridge closure.”

The meeting ended at 1:15 pm