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 4 June 2019 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference from Wick), Mrs I Campbell, Ms K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale, Mr D MacKay, Mr C MacLeod (excluding items 6.1 and 7.2), Mr D Macleod, Mrs M Paterson, Mr A Rhind (excluding items 6.1 and 7.6), Mr K Rosie (by video conference from Wick) (excluding item 6.1), Mr A Sinclair (excluding items 7.3 – 7.6), Ms M Smith and Mr Alister MacKinnon (substitute for Mrs A MacLean) (excluding items 6.1 and 7.3 – 8.3).  

Officials in attendance:

Mr D Jones, Acting Head of Development Management - Highland
Ms J Bridge, Senior Engineer (Development Management)
Mr S Hindson, Principal Planner
Mrs G Pearson, Acting Principal Planner
Mr M Fitzpatrick, Graduate 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. 

1.  Apologies
Leisgeulan

Apologies for absence were received from Mr J Gordon and Mrs A MacLean.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1: Mrs I Campbell (non-financial).  

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as correct records the:

1. Minutes of Meeting of the North Planning Applications Committee held on 9 April 2019; and
2. Minutes of Meeting of the North Planning Applications Committee held on 18 April 2019

which were both APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/043/19 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 Committee NOTED the current position with these applications.

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

Declaration of Interest - Mrs I Campbell declared a non-financial interest as a member of the Lochalsh and Skye Housing Association and left the Chamber for the duration of this item.

5.1 Description: Construction of 54 affordable housing units and associated infrastructure (19/01141/PAN) (PLN/044/19)
Ward: 10
Applicant: Lochalsh and Skye Housing Association
Site Address: Land 85 m South of 12 Boreraig Place, Broadford.

There had been circulated Report No PLN/044/19 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.

5.2 Description: Realignment of c. 450m of unclassified public road, including the provision of a new stone-faced arched bridge, three passing places and visibility splays at new/existing junctions.  Replacement of existing hydro-electric installation penstock and generator (capacity TBC).  Restoration of extant 'bothy' for residential use; remodelling and refurbishment of existing house to remove residential annex and clad to match Strathmore Lodge.  Creation of new turbine house with ground floor workshop/garage space.  Demolition of existing turbine house.  Ancillary landscape works to restore hydro access track, remove redundant hardstanding, rationalise parking and facilitate integration in wider landscape (19/01550/PAN) (PLN/045/19)
Ward: 1
Applicant: Wildland Ltd
Site Address: Strathmore Lodge, Altnacallich, Altnaharra, Lairg.

There had been circulated Report No PLN/045/19 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: Holiday park development including holiday chalets, camping pods, caravan/tent pitches, hotel accommodation, formation of access, landscaping and associated infrastructure (19/01983/PAN) (PLN/046/19)
Ward: 9
Applicant: Rick Finc Associates
Site Address: Black Isle Country Park, Drumsmittal, North Kessock.

There had been circulated Report No PLN/046/19 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.

The Local Member (Mr C Fraser) requested an additional public meeting in North Kessock to give these residents the same opportunity to comment on the application as those residents in Munlochy. The Acting Head of Development Management - Highland confirmed that the other points raised by Mr Fraser relating to infrastructure issues (transport/water supply/waste management) were already covered by the report.

6.  Continued Item
Cuspairean a' Leantainn

6.1 Applicant: Mr and Miss Clair and Helen Harper (105061/FUL) (PLN/047/19) (PLN/023/19)
Location: Land 50 m West of Windygates, Newton Row, Wick (Ward 3).
Nature of Development: Erection of house
Recommendation: Refuse.

Only Members taking part in the previous meeting on March 2019 could take part in this item, namely, Mr R Bremner, Ms I Campbell, Mrs K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale, Mr D MacKay, Mrs M Paterson, Mr A Sinclair and Ms M Smith.

There had been circulated Report No PLN/047/19 and recirculated Report No PLN/023/19 by the Acting Head of Development Management - Highland recommending that the Committee refuse the application for the reasons detailed in the report.   The application had been deferred to allow the applicant an opportunity to resolve the objection from SEPA and to explore alternative locations for the proposed development within the applicants’ landownership. Additional plans had been submitted, SEPA were content and had withdrawn their objection. However, the applicants did not wish to explore an alternative location for the proposed development and therefore the application as lodged was before the Members for determination.

During discussion, Members’ comments included the following:-

• the concerns from SEPA had been addressed; and
• as there were other houses on the other side of the road in Newton Row this house would not detract from the surrounding character of the area. 

Mr A Sinclair, seconded by Mr R Bremner, moved that the application be granted.

Reasons given for overturning recommendation:

Members considered the application to be acceptable within the relevant terms of Policy 36 in that it demonstrates acceptable siting and design and is compatible with the landscape character and capacity of the area. It was acknowledged that the application fails to meet the criteria relating to the existing development pattern of Newton Row, however, in this case the failure to meet this criteria was not so significantly detrimental as to warrant refusal.

Ms M Smith, moved as an amendment that the application be refused for the reasons given in the report.  There being no seconder the amendment fell.

The Committee therefore AGREED to GRANT planning permission subject to (i) upfront payment of developer contribution of £1,129 towards the upgrading of Newton Park Primary School and Wick High School and (ii) conditions to be agreed with the local members (Mr A Sinclair and Mr R Bremner) and the Chair.

7. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1 Applicant: Mr James Riddell (18/04737/FUL) (PLN/048/19)
Location: Old Mossy Quarry, Castletown, Thurso, KW14 8TW (Ward 2).
Nature of Development: Part change of use of garage to form scrap yard (retrospective).
Recommendation: Grant. 

There had been circulated Report No PLN/048/19 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:

• if the applicant did not comply with conditions a Breach of Condition Notice could be served;
• the previous permission had been granted in 1989 and, as the legislation had changed since that time, the conditions from that permission had been difficult to enforce;
• the grant of this application would enable enforcement action to be taken if the permission was not complied with;
• three months was sufficient time for the bunding and screening works to be undertaken and this had been discussed with the applicant; and
• the length of time of the consent could be shortened from five to two years.

During discussion, Members’ comments included the following:-

• there were several issues with this site including noise nuisance, the emanating smell and the working hours;
• there was no confidence that the conditions would be complied with, the applicant had a history of not complying with either planning or SEPA conditions;
• if this was to be a large recycling operation then this could be moved to another location; and
• the applicant’s compliance with conditions should be monitored and an update of the situation in three months’ time was requested. 

The Committee AGREED to GRANT planning permission subject to the conditions in the report (Condition 1 to be amended from “15 June 2024” to “15 June 2021” to reflect Members’ decision that the temporary permission be for 2 rather than 5 years).

Officers undertook to report back to Members with an update on the applicant’s compliance with condition 2 – which requires the proposed boundary treatment to have been installed within 3 months of the date of the planning permission.

7.2 Applicant: Mr Richard Pumphrey (18/05175/FUL) (PLN/049/19)
Location: Inverewe, 1 Rose Street, Tain, IV19 1EG (Ward 7).
Nature of Development: Installation of cladding to house and repairs of walls.
Recommendation: Refuse.

There had been circulated Report No PLN/049/19 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:

• the applicant had not sought any formal pre-application advice;
• there were other methods of insulating the property that would not affect the external appearance of the building;
• the cladding would extend the building by 11 cm which was a sizeable protrusion on an already narrow pavement and would be a highly visible protrusion from the neighbouring properties; and
• it was only as this house was within the Conservation Area that it required planning permission, permitted development would allow this on a house not in the Conservation Area.

During discussion, Members’ comments included the following:-

• this property was attached to a category B listed building on Rose Street, although sympathetic to  the applicant and his desire to insulate the building this proposed cladding was not considered an appropriate solution; and
• the Conservation Architect should give guidance to the applicant on the best methods of insulation for the house.

Mr A Rhind, seconded by Ms M Smith, moved that the application be refused.

There being no amendment the Committee AGREED to REFUSE the application for the reasons given in the report on handling.

Officers agreed with the suggestion of the local member (Mr A Rhind) to encourage dialogue between the Council’s conservation architect and the applicant to seek a conservation area appropriate solution to improving the insulation of the property.

The two following applications would be taken together as planning applications 18/05806/PIP and 18/05808/FUL overlapped.

7.3 Applicant: Culbokie Community Trust (18/05806/PIP) (PLN/050/19)
Location: Land 130 m North of The Cairns, Culbokie (Ward 9).
Nature of Development: Erection of six houses, community building and business units and formation of public open space.
Recommendation: Grant. 

There had been circulated Report No PLN/050/19 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:

• understood that the properties would have electric heating;
• the re-routing of the core path was outlined and shown to Members;
• this application was for planning in principle so there was no detail for the community building as yet;   
• traffic calming would be applied to meet current standards; and
• there would be signage for parking.

The Committee AGREED to GRANT planning permission subject to the prior conclusion of a section 75 agreement securing developer contributions totalling £4,998.06 (unless an upfront payment is made) and affordable housing and the conditions contained in the report of handling.

Members commented on the need to secure sufficient parking related to the community hall/units once the detail of this part of the development is known.

7.4 Applicant: Tulloch Homes Ltd (18/05808/FUL) (PLN/051/19)
Location: Land 130 m North of The Cairns, Culbokie (Ward 9).
Nature of Development: Erection of 33 houses, road widening, public footpaths, formation of public open space and installation of access for adjacent site (18/05806/PIP).
Recommendation: Grant. 

There had been circulated Report No PLN051/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report. 

Members congratulated Tullochs on the integration of the affordable housing into the site. 

The Committee AGREED to GRANT planning permission subject to the to the prior conclusion of a section 75 agreement securing developer contributions totalling £27,489.33 (unless an upfront payment is made) and affordable housing and the conditions contained in the report of handling, condition 1 to be amended to make clear that the 10 house per annum restriction does not apply to the delivery of affordable housing within the development.

Members commented on the need to ensure sufficient space retained for the footpath and boundary treatment on the SE boundary of the application site ie the boundary adjacent to the existing houses West Willows, Craig Royston and South Glascairn.

7.5 Applicant: Mr George Skinner (19/00306/FUL) (PLN/052/19)
Location: Guest Accommodation, Commercial Inn, 11 Main Street, Balintore (Ward 7).
Nature of Development: Erection of 6 holiday flats
Recommendation: Refuse. 

There had been circulated Report No PLN/052/19 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 Senior Roads Engineer responded to Members’ questions as follows:

• the requirement for parking for both visitor and residential developments was the same and this application had been objected to because of the lack of parking, the parking shown on the plan was not in the applicant’s ownership;
• a contrary view regarding the availability of parking was also put forward, namely that sufficient parking was available in the vicinity of the proposed development;
• this building would block the light to other properties;   
• Building Standards would oversee disability access to the building;
• the boat sited next to the Commercial Inn appeared to be stored in its current position and would be removed if this application went ahead; and
• there had been no pre-application advice sought.

The Committee AGREED to REFUSE planning permission for the reasons given in the Report in the handling.

7.6 Applicant: Mr Robert Mackay (19/00546/PIP) (PLN/053/19)
Location: Land 60 m East of Sharone, Hill of Forss, Thurso (Ward 2).
Nature of Development: Erection of a house.
Recommendation: Grant. 

There had been circulated Report No PLN/053/19 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 planning permission subject to conditions contained in the report of handling.

7.7 Applicant: Mr A Munro (19/00824/FUL) (PLN/054/19)
Location: Land 140 m SE of Oldshoremore Public Toilets, Oldshoremore, Kinlochbervie (Ward 1).
Nature of Development: Proposed 18 en-suite glamping pods, new access, car park, installation of sign and treatment plant with discharge to river.
Recommendation: Grant. 

There had been circulated Report No PLN/054/19 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:

• Environmental Health had picked up on the smoke pollution from the small stoves and were in discussion with the applicants on this matter; and
• an informative could be added to remind the applicant that a Caravan Licence would be required.

The Committee AGREED to GRANT planning permission subject to conditions contained in the report of handling.

7.8 Applicant: Mr and Mrs Jahan Shahab (19/00925/FUL) (PLN/055/19)
Location: 2 The Orchard, Ness Road, Fortrose, IV10 8SD (Ward 9).
Nature of Development:  Change of use and erection of extension to garage to form self-contained residential unit.
Recommendation: Grant.

There had been circulated Report No PLN/055/19 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 planning permission subject to conditions contained in the report of handling.

8.  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

8.1 Applicant: Baoighill Aoigheachd Ltd (18/02092/FUL) (PPA-270-2207)
Location: 12 Harbour Street, Plockton (Ward 5)
Nature of Development:  Change of use of shop (class 1) to shop (class 1) and café (class 3) (retrospective) and installation of external sign and formation of doorway. 

The Committee NOTED the decision of the Reporter appointed by the Scottish Ministers to allow the appeal made under Section 47 of the Town and Country Planning (Scotland) Act 1997 and to grant planning permission subject to the amended conditions as stated in the Decision Letter. 

8.2 Applicant: Mr Euan Jappy (18/04991/FUL) (PPA-270-2210)
Location: Shaltigoe, 5 John Horne Drive, Wick, KW1 4PP (Ward 3)
Nature of Development:  Erection of garage extension. 

The Committee NOTED the decision of the Reporter appointed by the Scottish Ministers to dismiss the appeal made under Section 47 of the Town and Country Planning (Scotland) Act 1997 and to refuse planning permission for the reasons stated in the Decision Letter.

8.3 Applicant: Mrs Robyn Myer (18/05203/PIP) (PPA-270-2209)
Location:  Land 60 metres South East of Shellcroft, Munlochy, IV8 8NY (Ward 10)
Nature of Development:  Erection of a house. 

The Committee NOTED the decision of the Reporter appointed by the Scottish Ministers to dismiss the appeal made under Section 47 of the Town and Country Planning (Scotland) Act 1997 and to refuse planning permission for the reasons stated in the Decision Letter.

The meeting closed at 1.10 pm.