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 10 September 2019 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference from Wick) (excluding items 1 – 6.2 and 6.10 – 6.11), Mrs I Campbell, Ms K Currie, Mr C Fraser, Mr R Gale (by video conference from Golspie), Mr J Gordon (excluding item 6.8), Mr D MacKay, Mrs A MacLean (from item 5.1), Mr D MacLeod, Mrs M Paterson, Mr A Rhind (excluding items 6.2 and 6.3) and Ms M Smith. 

Officials in attendance:

Mr D Jones, Acting Head of Development Management - Highland
Ms J Bridge, Senior Engineer (Development Management)
Mr M Harvey, Team Leader
Mr S Hindson, Principal Planner
Mrs E McArthur, Principal Planner
Mrs G Pearson, Acting Principal Planner
Mrs S Hadfield, Planner
Mrs R Hindson, Planner
Mr G Sharp, 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 M Finlayson and Mr K Rosie.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1:  Mr D MacKay (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 31 July 2019 which was APPROVED.

Following discussion Members AGREED that the next meeting of the North Planning Applications Committee would be held on 8 October 2019.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/063/19 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

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: Slickly Wind Farm – consisting of up to 11 turbines up to 149.9 m to tip height and up to 49.89 mW generation capacity (19/03185/PAN) (PLN/064/19)
Ward: 3
Applicant: Slickly Wind Farm Limited
Site Address: Land 1650M East of Slickly Croft, Lyth, Wick.

There had been circulated Report No PLN/064/19 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

6.1 Applicant: Mrs Jan Whyte (18/05091/FUL) (PLN/065/19)
Lcation: Grounds of Ellen Vannin, Ellen Vannin, Balblair, IV7 8LL (Ward 9).
Nature of Development: Erection of 5 holiday lodges.
Recommendation: Grant. 

There had been circulated Report No PLN/065/19 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 state that this application was referred at manager’s discretion and not for five or more objections. 

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

6.2 Applicant: SMTA Ltd (18/05907/FUL) (PLN/066/19)
Location: Site 805M NE of Keepers House, Isle of Scalpay, Broadford (Ward 10).
Nature of Development: Marine fish farm – new site consisting of 12 x 120 m circumference circular cages plus feed barge.
Recommendation: Grant.

There had been circulated Report No PLN/066/19 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 Memo of Understanding related to a previous agreement with the company, this Environmental Management Plan (EMP) went further and focussed on a different direction, the applicants had indicated that they would engage in an additional salmon tracking and monitoring programme to give a clearer idea of migration;
• SEPA had issued the car licence having looked at the tidal flow and use of Emamectin Benzoate;
• Marine Scotland’s advice to the planning authority at the moment was that the EMP should be completed prior to the planning application, this application however, had been in for some time and before the provision was put in place by Marine Scotland;
• the EMP for this application also covered the applicant’s other three fish farms including Sconser fish farm;
• the language can be confusing, “likely effect” is a trigger point to require further assessment to be undertaken and the conclusion was that the system submitted would not cause any adverse effect on the salmon; and
• the shore base is on the island of Scalpay immediately adjacent to the fish farm.

A site visit to a fish farm by councillors was being investigated and would be organised. 

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

6.3 Applicant: Mr Stuart Reedie (18/01184/FUL) (PLN/067/19)
Location: Former Stable Building, Robertson House, Greenhill Street, Dingwall (Ward 8).
Nature of Development: Erection of 3 no dwellings.
Recommendation: Grant. 

There had been circulated Report No PLN/067/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report.  A late representation had been received and was circulated to Members.

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

• as the road access had been taken from Greenhill Street and not Park Street the traffic would not impact on Greenhill Street;
• the height of the ridge on this building and the Robertson House outbuilding were the same;
• the Flood Risk Management Team had no issues; and
• flash flooding had caused problems recently in Dingwall, but flash flooding could not be avoided and the water soon dissipated.

Ms M Smith, seconded by Mrs M Paterson, moved that the application be deferred for:-

• a montage/visualisation of the existing and proposed development from Greenhill Street and Park Street including the parking/turning areas (with vehicles in them);
• improved sectional details showing the relationship between the existing houses and proposed development; and
• to request an updated consultation response from Scottish Water (rather than relying on response to the 2017 application).

The Committee AGREED to DEFER the application for the above information.

The following two items were taken together as they related to adjacent application sites. 

6.4 Applicant: GEG Capital (North) Ltd (19/00657/FUL and 19/00654/LBC) (PLN/068/19)
Location: Ambassador House, Earls Cross Road, Dornoch, Sutherland (Ward 4).
Nature of Development: Conversion and alteration to form 9 apartments, erection of 4 semi-detached houses and the formation of new access road.
Recommendation: Grant.

There had been circulated Report No PLN/068/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report.   In relation to the Community Council comment at section 7 of the report, the statement from Mr Wilson had been retracted.  The letter, from the Earls Cross Gardens Association, with comments relating to roads had been referenced in the report.

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

• the Earls Cross Gardens road was privately owned and maintained by the residents, the road had not been adopted by the Highland Council although it was built to Highland Council standards;
• the street lighting was the responsibility of Highland Council; 
• the Council would not adopt a road where access had to be taken through a private road;
• in Scotland roads are subject to a right of public passage (whether the road is maintained at public expense of privately) so the residents in Earls Cross Gardens would not be able to prevent access;
• the factoring agreement details for this development had been conditioned and the responsibility for maintaining the road will be with the factoring company; and
• the communal areas and green space would also be subject to the factoring agreement, if the green open space was to be altered it would require separate planning permission.

Mr R Gale, moved that the application be refused under policy 8 and 29.  There being no seconder the motion fell.

Ms M Smith, seconded by Mr J Gordon, moved that the application be approved. 

The Committee thereafter AGREED to GRANT planning permission (subject to the prior conclusion of a section 75 agreement to secure developer contributions) and listed building consent both subject to the conditions contained in the report.

6.5  Applicant: GEG Capital (North) Ltd (19/000658/FUL and 19/00655/LBC) (PLN/069/19)
Location: Earls Cross Cottage, Earls Cross Road, Dornoch, Sutherland (Ward 4).
Nature of Development: Demolition of former Earls Cross Cottage, erection of 12 detached houses, remote paths connection to Earls Cross Road and formation of access road (full planning permission and Listed Building Consent for demolition of Earls Cross Cottage).
Recommendation: Grant.

There had been circulated Report No PLN/069/19 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 the prior conclusion of a section 75 agreement to secure developer contributions) and listed building consent both subject to the conditions contained in the report.

6.6  Applicant: G and M Properties Ltd (19/001059/FUL) (PLN/070/19)
Location: Waverly Inn, 1 Castle Street, Dingwall, IV15 9HU (Ward 8).
Nature of Development: Alterations and erection of first floor extension to form additional bedrooms and formation of vehicular entrance.
Recommendation: Grant. 

There had been circulated Report No PLN/070/19 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 advised that the report should also state that the reason for referral was due to five or more objections.

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

• although there was a shortfall in allocated parking spaces, the parking spaces had been deemed sufficient for a town centre development with adequate town centre transport;
• the kitchen and living space were a matter for building standards and were not a planning consideration;
• there were currently disabled-access rooms on the ground floor of the building; and
• the proposed extension would have obscure glass on the windows to protect the privacy of the neighbouring properties.

During discussion, Members’ comments included the following:-

• surprised to see further development that did not include a lift or better facilities at the hotel; 
• this was a successful business that was always busy; and
• the privacy of the neighbouring properties would be further affected by this development.

Ms M Smith, seconded by Mrs M Paterson, moved refusal of the application for the following reason:

Members considered that the proposed development would be significantly detrimental in that it would substantially affect the privacy and residential amenity of the neighbouring properties contrary to Policy 28 of the Highland-wide Local Development Plan due to the noise related to the increased number of residents coming and going from the application site. In addition, members were concerned that this proposal would amount to overdevelopment of the application site.

The Committee AGREED to REFUSE planning permission for the reason above.

Mrs MacLean stated that two members of the Committee had walked through Dingwall when the Reporter was appointed to determine the change of use appeal  six years ago.  It was concerning that developments with planning permission that had not been completed at the time of the site visit, had still not been completed - specifically the development at the entrance to Dingwall and Cruickshank Court.  Enforcement action had been undertaken for the completion of these developments and further enforcement should be undertaken. 

6.7 Applicant: Mr John Macleod (19/002367/FUL) (PLN/071/19)
Location: 7 Newton Road South, Evanton, Dingwall, IV16 9UH (Ward 6).
Nature of Development: Erection of shed.
Recommendation: Grant

There had been circulated Report No PLN/071/19 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 the conditions contained in the report

6.8 Applicant: Mr Alistair Sutherland (19/02601/FUL) (PLN/072/19)
Location: Land 100 m South of Free Church, Teangue (Ward 10).
Nature of Development: Erection of house.
Recommendation: Grant. 

There had been circulated Report No PLN/072/19 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 an upfront payment of the developer contribution referred to and the conditions contained in the report.

6.9 Applicant: Wathegar 2 Limited (19/02647/S42) (PLN/073/19)
Location: Land 100M NW Of Wathegar, Bilbster, Wick (Ward 3).
Nature of Development: Application under Section 42 for the Variation of condition 2 of planning permission 14/01082/S42.
Recommendation: Grant. 

There had been circulated Report No PLN/073/19 by the Acting Head of Development Management - Highland recommending that the Committee grant the application subject to the conditions detailed in the report. 

The applicant had requested that this application be deferred.

The Committee AGREED to DEFER the application at the applicant’s request

6.10 Applicant: Global Energy Nigg Ltd (19/02777/FUL) (PLN/074/19)
Location: Land 230M West of Nigg Ferry Hotel, Nigg (Ward 7).
Nature of Development: Construction of new East Quay including dredging and piling, and the formation of laydown area for handling and temporary storage of North Sea oil related and renewable energy components.
Recommendation: Grant. 

There had been circulated Report No PLN/074/19 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:

• no objections had been raised on the responses received from consultees;  or the pre-application responses that had been received from the Historic Environment Team and the Landscape Officer, Marine Scotland were presently considering an application for a marine licence which run parallel but separately to the planning application;
• Condition 7 would control the position of the floodlighting system and prevent any glare or light spillage outwith the site boundary; and
• the Liaison Group was the most effective vehicle for highlighting concerns on noise and lighting, it would be problematic to have different conditions for this and the previously consented parts of the site.

During discussion, Members’ comments included the following:-

• this was a welcome development, Nigg in its heyday had been a large employer;
• concern for the people of Cromarty who endured noise and light pollution from the existing development at Nigg;
• a balance had to be struck between economic and environmental impact; and
• this major development showed confidence in the Highlands.

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

6.11 Applicant: Miss Fiona Matheson (19/02828/FUL) (PLN/075/19)
Location: Land 35 m SE of 56 Feddon Hill, Fortrose (Ward 9).
Nature of Development: Erection of house and garage.
Recommendation: Grant. 

There had been circulated Report No PLN/075/19 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 an upfront payment of the developer contribution referred to and the conditions contained in the report.

The meeting closed at 4.05 pm.