Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Wednesday 17 September 2019 at 10.30 am.

Committee Members Present:

Mr R Balfour, Mr A Baxter, Mr B Boyd, Ms C Caddick, Mr G Cruickshank, Mrs M Davidson (excluding items 6.5 – 6.8), Mr L Fraser (excluding items 6.5 and 6.6) , Mr J Gray, Ms P Hadley, Mr T Heggie, Mr A Jarvie, Mr B Lobban, Mr R MacWilliam,  and Mr B Thompson.

Non Committee Member Present:

Mr D Macpherson (item 6.8) and Mrs L MacDonald (item 6.8)

Officials in attendance:

Mr D Mudie, Area Planning Manager – South
Mr M Clough, Senior Engineer, Transport Planning
Mr B Robertson, Team Leader
Mr S Hindson, Team Leader
Mr K Gibson, Principal Planner
Mr R Dowell, Planner
Ms S Hadfield, Planner
Mr J Kelly, Planner
Ms M Maguire, Graduate Planner
Miss C McArthur, Principal Solicitor (Regulatory Services)
Mr I Meredith, Solicitor (Regulatory Services)
Mrs A MacArthur, Administrative Assistant

Mr J Gray in the Chair

Preliminaries

The Chairman 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.

Business

1.  Apologies for Absence 
Leisgeulan

Apologies for absence were intimated on behalf of Mr N McLean.

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt

There were no declarations of interest.

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation as a correct record the minute of the Committee meeting held on 7 August 2019 which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLS/064/19 by the Area Planning Manager – South, which provided a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination. 

Two further major developments had been validated following the issue of this report, as follows:

• Ward 14, Inverness Central for a hotel development with associated landscaping and ancillary uses anticipated to come to committee in December 2019; and
• Ward 19, Inverness South an application for non-compliance with Condition 1 relating to the extension of the period of time for extraction of materials anticipated to come to committee in January 2020.

The Committee NOTED the current position.

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

5.1 Description: Visitor accommodation with associated landscaping, access, footpaths, parking and associated amenity buildings (19/03327/PAN) (PLS/065/19)
Ward: 12 – Aird and Loch Ness
Applicant: Gloag Investments 
Site Address: Land 280 m SW of Ballindoun Lodge, Beauly.

There had been circulated Report No PLS/065/19 by the Area Planning Manager – South on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations.

Following discussion, the Committee AGREED to NOTE the submission and ask that the following material issues be brought to the applicant’s attention in addition to the material considerations referred to in the report:

• The proposed development needs to fit within the historic landscape.
• Consideration needs to be given to the access, access tracks and cycle trails within the development and a clear access plan around the development needs to be provided.  Input from the Council’s Access Officer would be welcomed.
• Further details as to the type and scale of visitor accommodation proposed.

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1 Applicant: RES Ltd (19/02949/S42) (PLS/066/19)
Location: Land at Carn Ghriogair, Aberarder Estate, Aberarder, Inverness. (Ward 12)
Nature of Development: Application for non-compliance with Condition 1 of planning permission 15/00737/FUL to extend the operational life from 25 to 35 years and provision of a revised timescale direction from three to five years.
Recommendation: Grant.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.  Condition 1 of the Report should be amended to reflect that the planning permission shall expire after a period of 35 years rather than 30 years and the expiration of a 30 year period rather than 25 years from the First Export Date.

Mr S Hindson presented the report and recommendation.

In response to questions, the following was confirmed:-

• the overall height of the turbines would remain the same, however the rotor towers would be reduced whilst the blade length may increase;
• the original application had agreed mitigation for a replacement bridge, this infrastructure was substantial and was sufficient compensation, this condition from the previous planning permission was ongoing and had yet to be satisfied;
• trees on the site were unaffected by the development and it would be unreasonable to request compensatory planting, however, a  discussion could be had with the applicant about additional tree planting on the wider estate; and
• the peat management would be offset through working practice.

The Committee AGREED to GRANT planning permission subject to the conditions recommended in the report together with the following amendments:

• Amendment to Condition 1 to reflect that the planning permission shall expire after a period of 35 years rather than 30 years and the expiration of a 30 year period rather than 25 years from the First Export Date.
• Further discussions would be undertaken with the Council’s roads team as to whether there are any further developer contributions that could be sought towards the local road network.
• Further discussions would be undertaken with the applicant as to whether there could be any additional tree planting provided on the wider estate.

It was further noted that a separate discussion is required on potential changes to policy in relation to any possible community benefit and planning gain from re-powering applications for large scale hydro and wind farm developments.

6.2 Applicant: Trustees of Richard Tyser’s Overseas Settlement (19/02780/S42) (PLS/067/19)
Location: Land to North of Torbreck, Inverness. (Ward 15)
Nature of Development: Section 42 application for non-compliance with Condition 1 of Planning Permission in Principle Application Ref No 17/03541/S42.
Recommendation: Grant.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.

Mr S Hindson presented the report and recommendation.

In response to questions, the following was confirmed:-

• an increase in the house numbers in early phases with a reduction in the number of houses in phase 4 would equate to the same quantity of houses overall within the development;
• the phasing of the footpath/cycleway could be discussed with the applicant as the house phasing had altered, the path could be requested after the 350th house which would be much earlier in the development; and
• the alterations to the design and orientation of the houses, due to site constraints, had led to the change in number of houses in some phases.

The Committee AGREED to GRANT planning permission subject to (1) the modification of the section 75 legal agreement to tie the provisions of this permission to the existing legal agreement and (2) the conditions recommended in the report together with the following amendment:

• Negotiations are to be re-opened with the applicant in relation to the provision of the remote footpath/cycleway given there has been a change in circumstances since the original permission was granted, namely a pedestrian death on the Dores Road and a higher volume of vehicles and persons within the area since the opening of the West Link Road.  It is requested that the remote footpath/cycleway is provided earlier in the phasing of the development than at occupation of the 600th house.  It was suggested that this could be requested prior to commencement of development of Phase 3 of the development.  Delegated authority was provided to the case officer to re-word the condition as appropriate in consultation with Local Members of Wards 12 and 15.

6.3 Applicant: Barratt North Scotland (19/03054/MSC) (PLS/068/19)
Location: Land to North of Tobreck, Inverness. (Ward 15)
Nature of Development: Submission of matters specified in condition 2 (17/03541/S42) change of house types and layout of plots.
Recommendation: Approve.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the approval of the application, subject to the conditions detailed in the report.

Mr S Hindson presented the report and recommendation for this and the following report together as they were related to the same development.

In response to questions, the following was confirmed:-

• this would increase the development by 2.6%;
• modifications to the layout and reduction in the size of plots had led to the alteration to the number of plots; and
• the site and services for the new school had been gifted to the Council and, as a 4 hectare site, this was a substantial contribution, detail of the contributions relating to education and road infrastructure secured with the planning permission in principle were also provided.

The Committee AGREED to APPROVE matters specified in conditions as set out in section 11 of the report subject to the modification of the existing section 75 legal agreement to address the changes to phasing of the wider development as proposed by planning application 19/02485/MSC.

6.4 Applicant: Barratt North Scotland (19/02485/MSC) (PLS/069/19)
Location: Land to North of Torbreck, Inverness. (Ward 15)
Nature of Development: Submission of matters specified in condition 2 (17/03541/S42 change of house types and layout of plots including the addition of 4 units.  
Recommendation: Approve.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the approval of the application, subject to the conditions detailed in the report.

The Committee AGREED to APPROVE matters specified in conditions as set out in section 11 of the report subject to the modification of the existing section 75 legal agreement to address the changes to phasing of the wider development as proposed by planning application 19/02485/MSC.

6.5 Applicant: Manda Construction Ltd (19/00732/FUL) (PLS/070/19)
Location: Land 70 m SE of Manda Lodge, West Heather Road, Inverness. (Ward 15)
Nature of Development: Development of offices, related access, parking, servicing and landscaping.
Recommendation: Grant.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.  Officer delegation was sought to add an additional two conditions to incorporate disability access linkages into the site and also to emphasise Class 4 business use were requested if the application was granted.

Mr J Kelly presented the report and recommendation.

In response to questions, the following was confirmed:-

• this site was not elevated, it sat lower in the site, sloping down from the Southern Distributor road;
• the applicant had mitigated against adverse impacts, there was no adverse off-site impacts to justify mitigation measures; 
• parking had been designated for business use and the 25 space figure met the maximum within our guidelines for this size of development; 
• a condition required that there would be hard and soft landscaping between the development and the residential use at the rear of the development; and
• two of the trees on site were protected and would be maintained, there were some inaccuracies with their current tree report and this had been the reason for the request for an updated detailed drawing showing for example the retention of the tree nearest the roundabout which was not to be felled.

During discussion, Members’ comments included the following:-

• there was already concerns that those attending funerals at the funeral home parked in the residential area and residents had concerns that this development would exacerbate the parking problem;
• uncomfortable with the scale of the development with its close proximity to a residential area;
• the car park could be reconfigured, it would be advantageous to reposition the car park to the front of the office block and retain more greenery in the space; and
• this was an innovative building with striking architecture in a mixed use area.

Mr R MacWilliam,seconded by Mr  B Lobban, moved deferral of the application to allow the applicant the opportunity to (1) reconfigure the car parking arrangements and (2) extend the landscaping and boundary treatments along the full length of the boundary between the site and the residential properties to ensure that there is no adverse impact on the residential amenity of the neighbouring properties.

The Committee AGREED to DEFER the application for the reason stated.

It was further agreed to ask the applicant to explore the option of providing additional car parking spaces within the development.

6.6 Applicant: Tulloch Homes Ltd (19/00452/FUL) (PLS/071/19)
Location: Land 100 m SE of Barrington, Inshes, Inverness. (Ward 19)
Nature of Development: Erection of 3 houses with garages.
Recommendation: Grant.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.  The report should be amended at Condition 11 to require a full drainage scheme be submitted as part of the proposal. 

Mrs S Hadfield presented the report and recommendation.

In response to questions, the following was confirmed:-

• as there were only three houses proposed it was not reasonable to request a footpath to the main road;
• the developer contribution figure for schools would be re-checked;
• the path leading from the road opposite the site was not a core path or a formal footpath, it was just a right of access comprising a very rough path;
• in the previous Inner Moray Firth Development Plan this area had been identified as green space and as a buffer to the road, it was then removed in the current plan and only identified as green space, the plan was currently being reviewed;
• the plots would each require three parking spaces and the plots had easily met this criteria; and
• the national speed limit of 60 mph applied to this road, it was a very fast road.

Officers confirmed that the developer contribution for schools, detailed in the report, was correct. 

During discussion, Members’ comments included the following:-

• the proposed development was sensible infill and a development contribution could be taken for a junction at the bottom of the road;
• this was a dangerous high speed road with many walkers and cyclists and no public transport; and
• it was for local Members to have the speed limit on this road reduced and not for the developer, the applicant had offered to provide a pavement in front of their development.

No consensus having been reached between the members, Mr J Gray, seconded by Mr A Jarvie, moved approval of the application, subject to the conditions in the report and the amendment to condition 11.

Mr R MacWilliam, seconded by Mr B Boyd, moved as an amendment that the application be refused for the following reason:

The development is contrary to both policies 28 and 56 of the HwLDP on the basis that the proposed houses are not accessible by cycling or walking and therefore do not promote or enhance the environmental wellbeing of the people of the Highlands nor are designed for the safety and convenience of all potential users. 

On a vote being taken, the motion received 8 votes and the amendment received 4 votes, the MOTION was therefore CARRIED, the votes having been cast as follows:-

Motion

Mr R Balfour, Mr A Baxter, Mr G Cruickshank, Mr J Gray, Ms P Hadley, Mr T Heggie, Mr A Jarvie and Mr B Lobban.

Amendment

Mr B Boyd, Mrs C Caddick, Mr R MacWilliam and Mr B Thompson.

Decision

The Committee AGREED to GRANT planning permission subject to the conditions recommended in the report together with an amendment to condition 11 to request that a full drainage scheme is submitted prior to commencement of development and to ensure no surface water drainage is discharged into the ditch.

Developer contributions are to be paid upfront prior to the issue of planning permission.

6.7 Applicant: The Secretary of State for the Home Office (19/02579/FUL) (PLS/072/19)
Location: Land 320 m NE of Branault House, Achateny, Acharacle (Ward 21)
Nature of Development: Installation of 17.5 m high (18.8 m to antennae tips) telecommunications mast with associated antennae and dishes.  Installation of foul weather enclosure with equipment cabinets; generator and 1200 mm dia satellite dish within 1.8 m high, mesh fenced compound.
Recommendation: Grant.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.  An amendment should be made in the report at paragraph 5.1 which should read West Ardnamurchan Community Council and not Acharacle Community Council.  In the previous application for this development the West Ardnamurchan Community Council had objected whereas no response had been received for this application. 

Mr B Robertson presented the report and recommendation.

In response to questions, the following was confirmed:-

• the path was not a formal track and any change would have to come back for planning permission given it was in a National Scenic Area;
• a non-reflective colour/neutral finish could be conditioned; and
• the deer fencing would be 1.2 m high.

During discussion, Members’ comments included the following:-

• Square shapes on the hillside should be mitigated and any fencing and tree planting should be confirmed by local members.

The Committee AGREED to GRANT planning permission subject to the conditions recommended in the report together with an additional condition that the colour and finish of any associated antennae and dishes that are to be attached to the telecommunications mast are submitted to the planning authority for approval prior to commencement of development.  For the avoidance of any doubt, the material and finish of the associated antennae and dishes should be non-reflective, neutral and not white in colour.

6.8 Applicant: Mr and Mrs M Hornby (18/04194/FUL) (PLS/073/19)
Location: Land 120 m SW of Culchunaig Farmhouse, Westhill, Inverness. (Ward 19)
Nature of Development: Conversion of steading to form house and erection of outbuildings (amended design to planning permission 15/02941/FUL).
Recommendation: Grant.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.

Mr B Robertson presented the report and recommendation.

In response to questions, the following was confirmed:-

• the principle of development had been accepted in October 2015 and the Culloden Muir Conservation area  was re-designated  in December 2015;
• the primary element of this development was the steading with ancillary buildings, the Historic Environment Team had commented but not objected to this development;
• the presumption against development was for the battlefield inventory and not the conservation area as a whole;
• the permission was for a private dwelling house; and
• the driveway served other houses and was a private track and not an adopted road.

During discussion, Members’ comments included the following:-

• confusion over the designated conservation area, this steading had not  previously been in the conservation area;
• disappointed to see the responses from Historic Environment Scotland and the National Trust had only taken national policy into consideration with no reference to the Culloden Muir Conservation area;
• this new proposal increased the size of the footprint for the development;
• concerned with the proximity of this development to the battlefield; and
• this development would increase traffic on this road and a passing place should be included.

Members were reminded that the principle of development had been established and accepted. 

Mr J Gray, seconded by Mr A Baxter moved that the application be approved, subject to the conditions detailed in the report.

Mr R MacWilliam, moved as an amendment that the application be deferred for a site visit as the visuals and descriptions contained in the presentation were not sufficient to make a decision, particularly in relation to ppart 2 of the Culloden Muir Conservation Area Character Appraisal and Management Plan.  Following advice from officers, Mr MacWilliam withdrew his amendment.

Mr A Jarvie withdrew his request for an amendment and requested that an additional condition be added for the inclusion of a passing place on the access road.

Decision

The Committee AGREED to GRANT planning permission subject to the conditions recommended in the report together with an additional condition that provides for the inclusion of a passing place on the access road.

6.9 Applicant: Albyn Housing Society Ltd (18/05908/FUL) (PLS/074/19)
Location: Land 50 m North of The Hermitage, St Olaf Manor, Cawdor Road, Nairn. (Ward 18)
Nature of Development: Erection of ten dwellings with associated garden and parking areas.
Recommendation: Grant, subject to conditions.

There had been circulated Report No PLS/054/19 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.

Mr R MacWilliam, seconded by Mr T Heggie, moved that item 6.9 be deferred for a site visit to allow Members to have a better understanding of the noise issues raised in relation to this development.  

The Committee AGREED to DEFER the application for a site visit for the reason stated.  

7.  Decision on Appeal to the Scottish Government Directorate for Planning and Environmental Appeals
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

7.1 Applicant: Dell Wind Farm Limited (PPA-270-2183) (14/02879/FUL)
Location: Dell Wind Farm, Land at Dell Estate, Whitebridge, Inverness. (Ward 13)
Nature of Appeal: Erection of 14 turbine wind farm (approx 42 mW installed capacity) and associated infrastructure.

The Committee NOTED the decision of the Reporter to allow the appeal and grant planning permission, subject to the conditions listed at the end of the decision notice.

7.2 Applicant: Bernadette Cowan (ENA-270-2027)
Location: Land 75 m North East of Lismore, to include land 50 m South East of Lismore, Belivat, IV2 5UZ. (Ward 18)
Nature of Appeal: Unauthorised development of a track without the required planning permission.

The Committee NOTED the decision of the Reporter to uphold the enforcement notice dated 13 March 2019, subject to the variation of the terms of the notice as specified in the appendix to the decision notice. 

7.3 Applicant: Mr Stephen Queen (LBE-270-2001)
Location: 10 Castle Road, Grantown on Spey. (Ward 20)
Nature of Appeal: Unauthorised installation of uPVC windows and a uPVC front door in a Category C listed building within the Grantown on Spey Conservation Area without listed building consent.

The Committee NOTED the decision of the Reporter to refuse to grant listed building consent for the matters covered in the listed building enforcement notice, and direct that that notice be upheld subject to variation of the terms of the notice as set out in the decision notice.

8.  Exclusion of Public
Às-dùnadh a’Phobaill

The Committee resolved that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting during discussion of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 13 of Part 1 of Schedule 7A of the Act.

9.  Planning Enforcement Report                                                                                       
Aithisg Co-èigneachadh Dealbhaidh

There is circulated to Members only Report No PLS/075/99 by the Area Planning Manager – South. 

The Committee AGREED the recommendation.

The meeting ended at 3.40 pm.