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 Wednesday 31 July 2019 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference from Wick) (excluding item 6.1), Mrs I Campbell, Ms K Currie, Mr M Finlayson, Mr C Fraser, Mr R Gale (by video conference from Golspie), Mr D MacKay (excluding item 5.1), Mrs A MacLean, Mrs M Paterson, Mr K Rosie (excluding items 1 – 6.2) and Ms M Smith (excluding item 6.1).  

Officials in attendance:

Mr D Jones, Acting Head of Development Management - Highland
Ms J Bridge, Senior Engineer (Development Management)
Mr M Harvey, Team Leader
Mrs D Stott, Principal Planner
Mrs G Pearson, Acting Principal Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mr I Meredith, Solicitor, Regulatory Services
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. 

Mr Iain Meredith, Solicitor, was welcomed to his first meeting of the North Planning Applications Committee. 

1.  Apologies
Leisgeulan

Apologies for absence were received from Mr C MacLeod, Mr D MacLeod and Mr A Sinclair.

Apologies had also been received from Mr K Rosie who would be late to the meeting due to an accident at Dornoch.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1: Mr D MacKay (non-financial)
Item 6.1: Ms M Smith (financial).
Item 6.1: Mr R Bremner (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 4 June 2019 which was APPROVE

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/056/19 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.  

Mr C Fraser was pleased to see that progress was being made to secure a legal agreement related to the housing development at Culbokie.

The Acting Head of Development Management advised Members that there were two national applications, the Dounreay application and the application at Dalchork for a sub-station.  As these were national developments these would be brought to a future meeting of the Highland Council and not this Committee. 

The Committee NOTED the current position with these applications.

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

Mr D MacKay had declared a non-financial interest in wind farms in Caithness and left the Chamber for the duration of this item.

5.1 Description: Bad Fearn Wind Farm – comprising of up to 10 turbines and associated infrastructure, with tip heights of up to 200 m, and an installed capacity of up to 49.9 mW, including associated electrical infrastructure (19/02649/PAN) (PLN/057/19)
Ward: 3
Applicant: EnergieKontor UK Ltd
Site Address: Land at Braemore Road, Dunbeath.

There had been circulated Report No PLN/057/19 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

Declarations of Interest - Ms M Smith declared a financial interest as a Joint Chair of the Albyn Housing Society and left the Chamber for the duration of this item. 

Mr R Bremner declared a non-financial interest as a member of the Albyn Housing Board and also left the Chamber for the duration of this item.

6.1 Applicant: Albyn Housing Society (18/01883/MSC) (PLN/058/19)
Location: Land 200 m, SE of Alness Academy, Alness (Ward 6).
Nature of Development: Erection of housing development, road network and associated infrastructure to provide 115 houses (45 houses, Phases 5A and 5B and 70 serviced plots).
Recommendation: Approve matters specified.

There had been circulated Report No PLN/058/19 by the Acting Head of Development Management - Highland recommending that the Committee approve matters specified subject to the conditions detailed in the report. 

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

• at the time the application for planning permission in principle had been granted there had been no requirement for developer contributions for education purposes, this application was for approval of matters specified in conditions attached to the planning permission in principle and development contributions could not now be asked for;
• signs had not proven the most effective way of reducing traffic speed, the road layout had been specifically designed to be self-enforcing at reducing the traffic speed;
• Albyn would be responsible for the maintenance of the grassed areas; and
• a Tree Preservation Order was not required as there was no direct risk to trees in this development.

 During discussion, Members’ comments included the following:-

• pleased to see the solar panels at properties although the installation of charging points at all houses being built should also be the way forward for future developments;
• the Scottish Government and The Highland Council had declared a climate emergency and it would be useful if at least one of the roads in this development could utilise the new recycled plastic road system as an alternative to tarmacadam to explore and trial the possibility of plastic on Highland roads; and
• it would be helpful to include applicable comments at the Climate Change section of the report.

The Committee AGREED to APPROVE this application for approval of matters specified in conditions subject to amendment of condition 10 and an additional footnote as follows:

10.  All landscaping works and associated footpath links shall be carried out in accordance with the scheme and plans approved as part of this permission (Drawings Ref. 1019-DM-GA-01 REV C; 1019-DM-LP-01 REV B; 1019-DM-LP-02 REV C; 1019-DM-LP-03 REV C; 1019-DM-LP-04 REV B; 1019-DM-LP-05 REV B; and DM-LP-02).  All planting, seeding or turfing as may be comprised in the approved scheme and plans shall be carried out in the first planting and seeding seasons following the commencement of the relevant phase of development, unless otherwise stated in the approved scheme.  Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species.  For the avoidance of doubt, in respect of Phase 5A, the landscaping to be carried out as part of this phase shall comprise all landscaped areas shown on the Site Layout Plan for this phase (Drawing Ref. 4393-01-002 Ref F); together with all landscaping shown within the associated SuDS drainage area (Drawings Ref. 920-01 and 920-02); together with the proposed perimeter native woodland edge, including continuation of the footpath to the north, as far as its connection with the Core Path RC03.10. For the avoidance of doubt, in respect of Phase 5B, the landscaping to be carried out as part of this phase shall comprise all landscaped areas shown on the Site Layout Plan for this phase (Drawing Ref. 4393-01-003 REV E); together with all landscaping shown within the associated SuDS drainage area (Drawings Ref. 1020-1 and 1020-02); together with all outstanding landscaping required to the east and south of the assisted living units as detailed on Drawing Ref. 1009-DM-LP-02.)

Reason:  In order to ensure that the approved landscaping works and footpath links are properly and timeously undertaken on site, to secure high-quality open spaces and footpath/cycle links in compliance with Council Policy and Supplementary Guidelines.

Additional footnote: to encourage consideration of elements within the future development to help address climate change concerns such as the use of recycled plastics in road construction and electric charging points.

6.2 Applicant: Scottish Salmon Company (18/04819/FUL) (PLN/059/19)
Location: West Strome, Lochcarron (Ward 5).
Nature of Development: Marine fish farm – installation and operation of an Atlantic salmon fish farm adjacent to the existing Strome farm – consisting of 16 circular pens each 100 m circumference and an accompanying feed-barge.
Recommendation: Grant.

There had been circulated Report No PLN/059/19 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 fish pens were mostly seen from a distance within a large expanse of water and as such were not invisible but neither were they dominant. It was accepted that the fish pens would be very prominent to receptors in the water (in a kayak for instance), but this was not the way most people viewed the fish pens;
• the findings from the consultees had been that the tidal flow exported little  material away from the site, most of the waste product from the existing farm, which was relatively low, remained contained within the site;
• climate change was a challenge for the fish farming industry, algae in the water and gill disease was something the industry was having to deal with and find solutions to, it will be an ongoing challenge;
• this application hadn’t raised an issue in terms of a protected species  affected by acoustic developments;
• the Environmental Management Plan was at an early stage and would be adapted as necessary. It was considered that the critical meetings were those at the end of the production run, the opportunity for change would be during the fallow period between production cycles;
• the fish farm was a significant employer in the area, other bodies also have responsibility for the sea farms, the sea lice would be monitored by Marine Science Scotland, SEPA and Scottish National Heritage; and
• applications had to be considered under the current regulatory framework until new policies were agreed.

During discussion, Members’ comments included the following:-

• under Scottish Government planning policy guidelines, planning authorities should not be impeding development without justification and there was no justification to refuse this application; and
• the visual impact of this development from the existing road was minimal,  the development was important to the local economy.

Ms I Campbell, stated that although she had concerns about sea lice management, the people in the area depended on the fish farm for employment and therefore she did not intend to put forward a motion against the recommendation to grant permission.

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

The Committee AGREED to NOTE a request from members to visit a fish farm in the future.

6.3 Applicant: Pat Munro (Alness) Ltd (19/00168/S42) (PLN/060/19)
Location: Tor Leathan Quarry, Ardross, Alness (Ward 6).
Nature of Development: Application under Section 42 to amend condition 3 of planning permission 02/00941/FULRC to increase maximum output in calendar year 2019.
Recommendation: Grant. 

There had been circulated Report No PLN/060/19 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:

• due to the length of time from the grant of the original development, some conditions were no longer relevant and the permission would be tidied up to reflect these changes. 

The Committee AGREED to GRANT the application subject to the amendment of the existing section 69 agreement and the conditions listed in the report.

6.4 Applicant: SSE Generation Limited (19/00775/S36) (PLN/061/19)
Location: Land 3610 m NE of Ascoile, Gordonbush, Brora (Ward 4).
Nature of Development: Section 36C application – amendment to consented Gordonbush extension (reduction in number of turbines from 15 to a maximum of 11 and increase in tip height to a maximum of 149.9 m.
Recommendation: Raise no objection.

There had been circulated Report No PLN/061/19 by the Acting Head of Development Management - Highland recommending that the Committee raise no objection subject to the conditions detailed in the report. 

The Senior Engineer responded to Members’ questions as follows:

• Upgrading of the road would be required and would be conditioned.

The Committee AGREED to RAISE NO OBJECTION to the grant of consent subject to the conditions listed within the report.

6.5 Applicant: The Scottish Salmon Company (19/01413/FUL) (PLN/062/19)
Location: North Aird, Ardheslaig, Loch Shieldaig (Ward 5).
Nature of Development: Marine fish farm – Atlantic salmon: new site consisting of 4 x 100 m circumference circular cages.
Recommendation: Grant. 

There had been circulated Report No PLN/062/19 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:

• biomass was a term used to describe the weight of the fish in the fish farm;
• the food barge referred to by objectors, had a condition stating that the colour should be green, as the food barge was due to come out of the water the opportunity would be taken to change the colour to a less visible blue;
• the applicant’s had indicated that one combined site would be easier to manage;
• the majority of the construction activity for the fish farm would be via the sea and as such there had been no transport assessment;
• although there were very few prohibitions in the planning policy the North and East coasts had both been prohibited from fish farm development due to the negative impact it would have on salmon and trout;
• as this meeting did not include a hearing, members of the public present were not able to address the committee; and
• Marine Science Scotland did not frame their response as an objection, however their points all represented reasons for objection. The Committee requested that Marine Science Scotland  be asked to indicate in future responses whether they “object” or  “do not object”. 

During discussion, Members’ comments included the following:-

• request that future reports have a page with the acronyms, at the start of the report, for ease of reference whilst reading the report.

Mrs K Currie, seconded by Mrs I Campbell, MOVED refusal of the application for the following reasons: 

The application fails to meet the expectations of policies 49, 50, 57 and 58 of the Highland Wide Local Development Plan. The proposed benefits of the development (including the removal of the Kenmore site) do not outweigh the environmental considerations and impacts on wild fish. External statutory consultees have highlighted that the development is likely to have "significant" impact on the marine ecology of the local area, which includes a potential negative impact on protected and rare species of animal life incorporating both migratory species, wild salmonids and sea trout.

There being no amendment the Committee AGREED to REFUSE the application for the following reasons:

NOTE 1: when reports referred to acronyms, definitions be included on front page of report for ease of reference.

NOTE 2: member request that Marine Science Scotland make clear whether they are objecting or not

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: Limekiln Wind Limited (16/02752/S36) (WIN-270-8) 
Location: Limekilns Estate, Reay
Nature of Development: Proposed erection of 24 wind turbines (9 turbines at 126 m to blade tip and 15 turbines at 139 m to blade tip) and associated infrastructure at the Limekiln Estate with a generating capacity of up to 72 MW (Limekilns Wind Farm)

The Committee NOTED the decision of Scottish Ministers to grant consent under section 36 of the Electricity Act 1989 and deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 subject to the conditions contained in the decision letter.

7.2 Applicant: Drum Hollistan Renewables LLP (16/04987/S36) (WIN-270-9) 
Location: Land 2215M SW Of Under Keepers Cottage, Sandside, Reay
Nature of Development: Erection of 17 turbine wind farm (Drum Hollistan Wind Farm)

The Committee NOTED the decision of Scottish Ministers to refuse consent under section 36 of the Electricity Act 1989 and deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 for the reasons contained in the decision letter.

7.3 Applicant: Richard Drummond (19/00243/FUL) (PPA-270-2211) 
Location: Quay Street, Ullapool, IV26 2UE.
Nature of Development: Painting of stone boundary wall (part retrospective)

The Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission subject to the following condition:

White paintwork shall be applied to the wall as highlighted in red on the ‘existing site plan’ and shall be maintained as such in perpetuity.

Reason: in order to define the permission and to safeguard the ongoing character and appearance of the Ullapool Conservation Area.

The meeting closed at 3.20 pm.