Agendas, reports and minutes

Minutes of Special Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 12 September 2019 at 2.00 pm.

1.  Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

Present:

Mr G Adam, Mr R Balfour , Mrs J Barclay, Mr B Boyd, Mr I Brown, Mrs G Campbell-Sinclair, Mr G Cruickshank, Ms K Currie, Mrs M Davidson, Mr C Fraser, Mr R Gale (vc), Mr J Gray, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr D Louden, Mr D Mackay, Mr S Mackie, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mr J McGillivray (vc), Mr H Morrison, Ms P Munro, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson (vc), Mr K Rosie, Mr G Ross, Mr A Sinclair, Ms M Smith and Mr B Thompson (vc).

In Attendance:

Dafydd Jones, Acting Head of Development Management – Highland
Mr S Hindson, Principal Planner
Mrs G Pearson, Planner
Mrs K Lyons, Principal Solicitor
Alison MacArthur, Administrative Assistant

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr A Baxter, Mr R Bremner, Mrs C Caddick, Ms B Campbell, Mr A Christie, Dr I Cockburn, Mrs M Cockburn, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr K Gowans, Mr A Graham, Ms P Hadley, Mrs L MacDonald, Mrs D Mackay, Mr W Mackay, Mr G Mackenzie, Mrs A MacLean, Mr C MacLeod, Ms L Munro, Mrs M Paterson, Mrs F Robertson, Ms N Sinclair and Ms C Wilson.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 3.1 – Mr S Mackie (financial).
Item 3.1 – Ms K Currie and Mr M Reiss (non-financial).

3.  Applications to be Determined
Dealbhaidh rin Dearbhadh

Declarations of Interest – Mr S Mackie declared a financial interest in this item as Depute Chairman of the Dounreay Stakeholders Group and left the meeting for the duration of this item.

Ms K Currie and Mr M Reiss declared non-financial interests in this item as members of the Dounreay Stakeholders Group and left the meeting for the duration of this item. 

3.1 Applicant: Scottish Hydro Electric Transmission Plc (19/01092/FUL) (HC/50/19)
Location: Land 400 m SW of former Kennels Building, Dounreay Nuclear Research Establishment, Dounreay (Ward 2 – Thurso and North West Caithness)
Nature of Development: Erection of 275/220 kV electricity substation comprising platform area, electrical infrastructure and buildings, associated plant, ancillary infrastructure and temporary site compound.
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 Planning Officer recommended a further additional condition setting out the working hours. 

This item was then taken in accordance with the Hearings Procedure and Mr T Hart, representing the applicant spoke to the application.  Mr S Hall, Environmental Project Manager accompanied Mr Hart. 

Mr Hart stated that the proposed development was part of a wider programme of works to provide an electricity transmission connection from the Orkney Islands that would facilitate the connection of renewables generation as there is currently no transmission infrastructure on the Orkney Islands.  A marine cable linking mainland Orkney and mainland Scotland would be required and associated onshore infrastructure including this new substation to be located near Dounreay.  An onshore 220 kV HVAC cable is proposed to landfall to the northwest of, and connection underground into, the proposed substation.  The cable is not part of this planning application.  There had been no representations from the public or statutory consultees.  The applicant had worked closely with the consultees, Planning and Landscape officers on the colour of the buildings.   

The applicant responded to Members questions as follows:

• the link to Shetland was a completely separate application and was at Noss Head in Wick and planning permission in principal had been granted;
• the cable from the substation to the marine cable landfall and the landfall catchment area and HDD which was shown on the plan, some work would be undertaken within the existing Dounreay substation; 
• the proposal includes a temporary construction access for the contractors entering the site during construction, once the site was operational there would be very little additional traffic; and
• the design of the buildings took into account the buildings on the adjacent site, decommissioned land could be allocated for future uses and other buildings may come in the future.

There were no community council representatives, third parties or members of the public who wished to speak.

Members were content with the information supplied.

The applicant was content with the hearings procedure and the hearings procedure was therefore completed. 

The Planning Officer then presented his report and responded to Members’ questions as follows:

• this would remain an agricultural landscape and screening of the site would therefore be inappropriate;
• the existing access into Dounreay would not be utilised and construction traffic would be remote from the existing traffic problem, a condition requiring the submission of a Transport Statement, that also looked at cumulative impact with the Dounreay Phase 3 site and the co-ordination of construction traffic management plans across the Dounreay facility, had been included; and
• related improvements for the traffic, mitigation had been proposed and any damage to the road network would be covered by the Roads Wear and Tear agreement.

Decision

The Council AGREED to GRANT planning permission subject to the conclusion of a roads wear and tear agreement, the conditions contained in the report and the following additional condition in substitution for the informative referred to in the report:

Construction work which is associated with the approved development (including the loading / unloading of delivery vehicles, plant or other machinery), shall take place only within the following hours

•           0730 – 1800 Monday to Friday; and

•           0800-1600 Saturdays and Sundays.

Notwithstanding the above, no such construction work shall take place at any time on Christmas Day, New Year's Day, 2nd January, Good Friday or Bank Holidays (as prescribed in Schedule 1 of the Banking and Financial Dealings Act 1971 (as amended)), unless otherwise approved in writing by the Planning Authority as an exceptional instance for construction works outwith these hours.

Reason: In order to ensure that the use of the premises remains compatible with the character of the surrounding area, and that no activities or processes take place which may be detrimental to its amenities.

3.2 Applicant: Scottish Hydro Electric Transmission Plc (19/00374/FUL) (HC/51/19)
Location: Land 1000 m SE of Dalchork House, Lairg.
Nature of Development: Erection and operation of a 132 kV substation comprising platform area, control building, associated plant and infrastructure, ancillary facilities, public road improvements to the A836 between the site entrance and the junction with the A838, upgrade of an existing forest track, site compound (half of which will remain permanent for operational purposes) and landscape works (Ward 1 – North, West and Central Sutherland.
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. 

This item was then taken in accordance with the Hearings Procedure and Mr K Reid, Environmental Project Manager, Mr B Wilson, Project Manager and Mr D J MacDonald, Civil Engineer represented the applicant.

Mr Reid advised that the development was for the erection of a new substation to provide a connection for contracted renewable generation in the area to the electricity transmission network via a proposed new double circuit 132 kV overhead line and underground cable to Loch Buidhe Substation.  Public road and junction improvements would be undertaken to the public road under a Road Construction Management Plan.  Six public events had taken place and community councils and MSP’s had fed into the process.  There had been a high level of public interest and a Community Liaison Group would be set up for the construction phase of the project to address any issues.  A key concern raised through the process had been in relation to the roads and a Road Construction Management Plan had been submitted and would be updated to address concerns.  Heavy goods vehicle movements would be minimised by using rock from the cut and fill on the site and by the avoidance of school bus travel times. 

The applicant responded to points of clarification from the Members as follows:

• the applicant had not considered a cycling route, this was not a simple procedure but could be looked at under the Traffic Management Plan;
• deliveries to the site would be outwith the school bus travel times and any further concerns could be discussed through the Community Liaison Group.

Members were content with the points of clarification.

There was no community council representatives present. 

Mr A Marshall, objector, then spoke on behalf of himself and Mrs Marshall.  His property was 100 m from the substation.  He objected to the cumulative effect of the substation and the power line into the substation.  The overhead line would lie to the back of his property and within 200 m thereof.  This development would destroy the local environment and he had serious concerns about the condition of the road and road safety.  This road was the main route for cyclists from John O’Groats to Lands’ End and there are a large number of cyclists using the route.  This was also a busy road with classic cars and motorcycles.  A cycle path from Dalchork to Lairg would be beneficial.  There was also an additional power line project running concurrently with this project which would cause a large cumulative effect. 

The objector then responded to points of clarification from the Members as follows:

• he was not against the project, but would prefer it was relocated further away from his property to reduce the noise and light pollution and to also move the overhead line away from his property; and
• the development would not directly affect his business.

Mrs Armstrong then spoke on behalf of herself and Mr Armstrong.  This development would have a massive impact on their tiny village.  Mrs Armstrong was not against the development but asked that the massive infrastructure be sited more responsibly.  This proposed development had been ongoing since November 2013. 

Members were content with the information supplied.  The objector was also content with the hearings procedure but would have liked to have seen the flythrough presentation before he spoke.

The applicant was content with the hearings procedure and the hearings procedure was therefore completed. 

The Planning Officer then gave a presentation and responded to Members’ questions as follows:

• the flyover presentation and photomontages had been provided by the applicant, these complied with the Council standard;
• the overhead pylons were part of a separate application (the next item on the agenda) although they had some relevance to this application in terms of cumulative impact;
• there would be no access to the site from Saville, it was shown by the applicant as the closest road to the substation site;
• there would be no noise associated with this operation unless there was a fault in the equipment;
• it would be for the applicant to undertake the road widening and for the Highland Council to maintain the road after completion; and
• an average 10% increase in traffic was forecast, there was no information available on the current number of HGV traffic movements on the A836.

Ms M Smith, seconded by Mr A Jarvie, moved that the application be deferred to allow for submission of:

• visualisations (paper copies for Members);
• drone footage of the application site and its environs; and
• clarification of the current number of HGV movements on the A836.

Mr J Gray, seconded by Mr R MacWilliam, moved as an amendment that Members continue to determine the application today.

On a vote being taken, the motion received 18 votes and the amendment received 12 votes, with 1 abstention, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Mr R Balfour, Mrs J Barclay, Mr B Boyd, Mr I Brown, Mrs G Campbell-Sinclair, Mr G Cruickshank, Mrs M Davidson, Mr C Fraser, Mr R Gale, Mr J McGillivray, Mr A Jarvie, Mr D Louden, Mr D Mackay, Mr M Reiss, Mr D Rixson, Mr K Rosie, Mr A Sinclair and Ms M Smith.

For the Amendment:

Mr G Adam, Ms K Currie, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr D MacLeod, Mr R MacWilliam, Mr H Morrison, Mr A Rhind, Mrs R Robertson, Mr G Ross and Mr B Thompson.

Abstention:

Mr B Lobban. 

Decision

The Council therefore AGREED to DEFER determination of the application to allow submission of the above information.

3.3 Applicant: Scottish and Southern Electricity Works (19/01236/FUL) (HC/52/19)
Location: Land 1000 m SE of Dalchork House, Lairg (Ward 1 – North, West and Central Sutherland.
Nature of Development: Lairg to Loch Buidhe 132 kV overhead line.
Recommendation: Raise no objection.

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. 

Decision

The Council AGREED to DEFER determination of the application given the close relationship between this application and item 3.2.

The meeting ended at 3.55 pm.