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 9 April 2019 at 10.30 am.

Committee Members Present:

Mr R Bremner (excluding item 6.6), Mrs I Campbell, Ms K Currie (excluding items 6.10 – 7.2), Mr C Fraser, Mr R Gale, Mr J Gordon, Mr D MacKay, Mrs A MacLean, Mr C MacLeod (excluding items 7.1 – 7.2), Mr D Macleod, Mrs M Paterson, Mr A Rhind (excluding items 6.5 – 7.2), Mr K Rosie, Mr A Sinclair (excluding item 6.6 – 6.9) and Ms M Smith.  

Other Members Present:

Mrs J Barclay

Officials in attendance:

Mr D Jones, Acting Head of Development Management - Highland
Ms J Bridge, Senior Engineer (Development Management)
Mrs J Ferguson, Team Leader
Ms D Stott, Principal Planner
Mr S Dalgarno, Development Plans Manager
Mrs G Pearson, Acting Principal Planner
Mr J Kelly, 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. 

Item 6.1 was taken after item 6.4 but for clarity the minute will remain in numerical order.

1. Apologies
Leisgeulan

Apologies for absence were received from Mr M Finlayson.

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 5 March 2019 which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/028/19 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:-

• the marine shellfish farm application should be removed from the report as it had been determined at the March meeting;
• the development at Wyndhill Industrial Estate, Muir of Ord was awaiting consultation responses and was likely to come to the next committee; and  
• the application for the quarry at Alness was also awaiting consultation responses and was likely to come to committee by the summer. 

The Committee NOTED the current position with these applications.

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

5.1 Description: Construction of new east quay including dredging and filling, and the formation of laydown area for handling and temporary storage of North Sea oil related and renewable energy components (19/00930/PAN) (PLN/029/19).
Ward: 7
Applicant: Global Energy Nigg Ltd
Site Address: Land 230 m West of Nigg Ferry Hotel, Nigg.

There had been circulated Report No PLN/029/19 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.

In response to questions from the local member (Mr C Fraser) it was confirmed that any future application would be subject to an Environmental Impact Assessment and that both Marine Scotland and the planning authority would have regulatory roles.

5.2 Description: Wind farm development (up to 8 wind turbines – maximum tip height 138.5 m (19/01172/PAN) (PLN/030/19)
Ward: 2
Applicant: Renewable Energy Systems Ltd 
Site Address: Land 1360 m NW of Hill of Foss Quarry, Hopefield, Janetstown, Thurso.

There had been circulated Report No PLN/030/19 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: Installation of nine 135 m high turbines with associated infrastructure (19/01361/PAN) (PLN/031/19)
Ward: 10
Applicant: Ben Sca Wind Farm Limited 
Site Address: Land 2800 m SW of Edinbane Primary School, Edinbane, Isle of Skye.

There had been circulated Report No PLN/031/19 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.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.  Applicant: Mr Donald MacLeod (18/01886/PIP) (PLN/032/19)
Location: Land to East of 12 Strath, Gairloch (Ward 5).
Nature of Development: Erection of house.
Recommendation: Refuse. 

There had been circulated Report No PLN/032/19 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 and Development Plans Manager responded to Members’ questions as follows:

• the role of the Crofting Commission was outlined and Members were advised that their comments could not be looked at in isolation, planning policy had also to be taken into account;
• this site was within the Settlement Development Area for Gairloch as defined in the Wester Ross Local Plan and the West Highland and Islands Proposed Local Development Plan;
• it was acknowledged that there was development plan support for the development as the application site was within the settlement development area however the development plan also sought to protect croft land from development; and
• in previous applications Members had been disappointed at the lack of response from the Crofting Commission, as a response had been received in this application this had to be taken into consideration.

During discussion, Members’ comments included the following:-

• the croft was not now generally worked, it had been 8-10 years since potatoes had been grown on this piece of land;
• crofts were given to service men after the war to make a living, now they are unable to make a living on the small pieces of land, with the NC500, tourism was now the way forward;
• the application is in accordance with some of the policies within the Wester Ross Local Plan and the West Highlands and Islands proposed Local Development Plan, no one policy trumped another policy and this application met three of the policies;
• appreciation of the Crofting Commission’s comments and their more proactive role in relation to planning;
• this would be overdevelopment and the land should remain in crofting use; and
• the croft already had planning permission for another house, there was no need for this house on good quality croft land.

Mr D MacLeod, seconded by Mrs I Campbell, MOVED grant of the application for the following reasons: 

The application met the requirements of the Wester Ross Local Plan (as continued in force) and the West Highland and Islands Proposed Local Development Plan in that the application site is within the settlement development area identified in both Plans.

The application met the requirements of Policies 28, 34 and 57 of the Highland-wide Local Development Plan, as acknowledged in paragraphs 8.10 - 8.16 of the committee report.

Although the application fails Policy 47, Members felt that the need for housing in the area outweighed the desire to protect croft land in this instance as the current croft land was not considered to constitute a viable working croft.

Ms M Smith, seconded by Mrs A MacLean, moved as an AMENDMENT that the application be refused as other houses had been given permission and there was therefore no need for this house. 

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)

Mr R Bremner, Mrs I Campbell, Mr J Gordon, Mr D MacKay, Mr C MacLeod, Mr D MacLeod, Mrs M Paterson and Mr A Sinclair.

For the amendment (7)

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

The Committee AGREED to GRANT planning permission subject to conditions to be agreed with the Chair and local members (Mr D Macleod and Mrs I Campbell) for the reasons stated.

6.2 Applicant: Mr Gordon Adam (18/01993/PIP) (PLN/033/19)
Location: Land 35 m SE of Ruadh-Ard, Bellfield, Charleston, North Kessock, IV1 3YA (Ward 9).
Nature of Development: Erection of house.
Recommendation:  Grant.

There had been circulated Report No PLN/033/19 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 subject to the conditions contained in the report.

6.3 Applicant: JRM Contracting (18/02963/FUL) (PLN/034/19)
Location: Land SE of Woodlands, 14-16 Arabella, Tain (Ward 7).
Nature of Development: Erection of vehicle maintenance building, associated parking and formation of access.
Recommendation: Grant. 

There had been circulated Report No PLN/034/19 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:

• this vehicle maintenance building would replace the existing maintenance building; and
• condition 3 of the report should be amended to include “and between 8 am and 1 pm Saturday” after “Friday”. 

The Committee AGREED to GRANT subject to the conditions contained in the report, condition 3 to be amended to include “and between 8 am and 1 pm Saturday” after “Friday”.

6.4 Applicant: Sids Spice (18/03878/S42) (PLN/035/19)
Location: 5 Cadboll Place, Tain, IV19 1AY (Ward 7).
Nature of Development: Application under Section 42 to amend Condition 1 of planning permission 17/02242/FUL (increase opening hours to 7 am to 10 pm Monday to
Thursday, 7 am to 11 pm Friday to Saturday, 11 am to 10 pm on Sunday).
Recommendation: Grant. 

There had been circulated Report No PLN/035/19 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:

• any parking issue is likely to arise in the evening but there were no parking restrictions in this area;
• the change of use to a hot food takeaway had already been accepted this application was only for the change to opening hours; and
• as part of the Section 42 process, a new condition had been added through consultation with Environmental Health, the condition would require details of a suitable and sufficient ventilation/filtration system prior to the amended opening hours being implemented.

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

6.5 Applicant: Mrs Margaret Robertson (18/03994/PIP) (PLN/036/19)
Location: Land 40 m SE of 8 Kylerhea, Breakish (Ward 10).
Nature of Development: Erection of house.
Recommendation: Refuse. 

There had been circulated Report No PLN/036/19 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:

• planning officers would be happy to discuss the repositioning of the house if more suitable land was available.

During discussion, Members’ comments included the following:-

• the Crofting Commission designated the crofting land as grassland, if the land was not high quality, it would be suitable for housing.

Ms M Smith, seconded by Mrs A MacLean, moved that the application be refused in line with the Crofters Commission comments. 

Mrs M Paterson, seconded by Mr J Gordon, moved as an amendment that the application be approved.  Following deliberation and consideration of the viability of the croft land, the comments from the Crofting Commission and the fact that other sites were available, the amendment was withdrawn. 

The Committee AGREED to REFUSE for the reasons detailed in the report.

6.6 Applicant: Mr Gary Keith (18/05757/FUL) (PLN/037/19)
Location: Land 25 m NE of Garlyle, 10 Ness Way, Fortrose (Ward 9).
Nature of Development: Erection of house.
Recommendation: Grant. 

There had been circulated Report No PLN/037/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report.  An amendment was made to item 8.19 of the report, with removal of the reference to Developer Contributions towards affordable housing.  The previous three houses had received planning permission prior to April 2012 when the new Developer Contributions Supplementary Guidance had come into force. 

The Planning Officer responded to Members’ questions as follows:

• the house site did not extend into the buffer zone; and
• the fence protecting the buffer zone would be reinstated. 

The Committee AGREED to GRANT subject to the prior payment of the developer contribution towards primary education (clarification was provided that no contribution towards affordable housing was being sought as the previous housing permissions were granted prior to 2012 and therefore fall out with the scope of this part of the Developer Contributions Supplementary Guidance) and the conditions contained in the report

6.7 Applicant: Miss Shirley Ross (19/00009/FUL) (PLN/038/19)
Location: Land East of 32 Gordons Lane, Cromarty (Ward 9).
Nature of Development: Siting of Shepherd’s hut to be used as ancillary accommodation for visitors.
Recommendation: Grant. 

There had been circulated Report No PLN/038/19 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 recommended a further additional condition to control the finish to the Shepherd’s hut. 

The Planning Officer responded to Members’ questions as follows:

• the finish of the building would be agreed with planning officers; and
• the “shepherds hut” would be used for family and friends and uses ancillary to 62 Gordon’s Lane only and would not be used as a separate dwelling, for holiday letting purposes or any other letting purposes.  

The Committee AGREED to GRANT subject to the conditions contained in the report and the additional condition to control the finish to the Shepherd’s hut.

6.8 Applicant: Historic Assynt (19/00075/FUL) (PLN/039/19)
Location: An Dun N Broch, Clachtoll, Lochinver (Ward 1).
Nature of Development: Installation of viewing deck for historic broch.
Recommendation: Grant. 

There had been circulated Report No PLN/039/19 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 subject to the conditions contained in the report.

6.9 Applicant: Mr Richard Drummond (19/00243/FUL) (PLN/040/19)
Location: Seaforth Inn, Quay Street, Ullapool, IV26 2UE (Ward 5).
Nature of Development: Painting of stone boundary wall (part retrospective).
Recommendation: Grant. 

There had been circulated Report No PLN/040/19 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:

• painting had started on the wall and had ceased when the occupier had been told he required planning permission to paint the wall in a conservation area; and
• the building was not a listed building and the stone wall was approximately 20 years old.

During discussion, Members’ comments included the following:-

• the painted wall detracted from the building;
• the painting had obviously been done to cover the (white) leakage from the cement used to build the wall; and
• it was the responsibility of people living in a conservation area to know and seek planning permission for any works.

Mrs M Paterson, seconded by Mrs I Campbell, moved that the application be refused for the following reason:

Members considered that the application failed the general duty contained in section 64 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, namely that “special attention shall be paid to the desirability of preserving or enhancing the character or appearance of the area” on the basis that although the white painted finish would match some of the neighbouring buildings, the natural stone finish was considered more appropriate in the conservation area

The Committee AGREED to REFUSE for the reason given and to reinstate that part of the wall already painted to the natural stone finish that existed prior to it being painted. [NB the applicant has 3 months within which an appeal of the committee decision could be lodged with the DPEA.]

6.10 Applicant: Miss Kirsty Pryer (19/00673/FUL) (PLN/041/19)
Location: 19 Bayview Crescent, Cromarty (Ward 9).
Nature of Development: Erection of log cabin for ancillary accommodation.
Recommendation: Grant. 

There had been circulated Report No PLN/041/19 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 recommended a further additional condition to control any finish to the log cabin. 

The Committee AGREED to GRANT subject to the conditions contained in the report, and the additional condition to control the finish to the log cabin.

7.  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

7.1 Applicant: Mr Andy Harrold (18/01039/PIP and 18/00055/REFCA) (PPA-270-2200)
Location: Land 65 m North of Meadowbank, Janetstown, Wick (Ward 3)
Nature of Development:  Erection of house and formation of access. 

The Committee NOTED the decision of the Reporter appointed by the Scottish Ministers to dismiss the appeal and refuse planning permission for the reasons stated in the decision letter. 

7.2 Applicant: Mr Dietrich Pannwitz (18/03106/PIP) (PPA-270-2205)
Location: Field No 4, Artafallie, North Kessock, IV1 1XD (Ward 9)
Nature of Development:  Erection of dwellinghouse to be occupied in association with an existing rural business. 

The Committee NOTED the decision of the Reporter appointed by the Scottish Ministers to dismiss the appeal and refuse planning permission for the reasons stated in the decision letter.

The meeting closed at 3.05 pm.