A meeting of the North Planning Applications Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 14 January 2014 at 10.30 am.

You are invited to attend and a note of the business to be considered is attached.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of any item before this Committee they must be present throughout the whole of that item in order to be entitled to participate.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully,

Alaisdair Mackenzie, Legal Manager
(for Depute Chief Executive)

1. Apologies
Leisgeulan

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest.  Advice may be sought from Officers prior to the meeting taking place.

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There is submitted for confirmation as a correct record the Minutes of Meeting of the 19 November 2013.

4. Major Applications
Iarrtasan Mòra

There is circulated Report No PLN-001-14 (107kb pdf) by the Head of Planning and Building Standards providing a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

5. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

There are circulated Reports Nos PLN/001/14 - PLN/008/14 by the Area Planning Manager North as follows:-

5.1  Applicant:  Caithness Craft Art Skate Surf Ltd (13/00191/FUL) (PLN-002-14 (545kb pdf))
Location:  Land 600 m West of 7 West Murkle, Murkle, Thurso (Ward 4)
Nature of Development:  Change of use from storage to artists’ studios/workshops, café, gallery and skatepark  
Recommendation:  Grant.

5.2  Applicant:   Wind Prospects Developments Ltd (13/02749/FUL) (PLN-003-14 Part 1 (1207kb pdf) | PLN-003-14 Part 2 (1738kb pdf) | PLN-003-14 Part 3 (1489kb pdf))
Location:  1,600 m west of Craggiemore, Tressady Estate, Rogart (Ward 5)
Nature of Development:  Wind farm (32.5 MW) consisting of 13 turbines, max tip height of 115 m, and associated infrastructure 
Recommendation:  Grant.

5.3  Applicant:  BayWa R.e UK Ltd per Natural Power Consultants (13/04144/FUL) (PLN-004-14 (971kb pdf))
Location:  Hill of Stroupster, Auckengill (Ward 4)
Nature of Development:  Erection of 1 no additional wind turbine with height to tip of 110 m and height to hub of 74.5 m, crane pad and associated infrastructure to the Stroupster Wind Farm
Recommendation:  Grant.

5.4  Applicant:  Mrs Karen Bell (13/04062/FUL and 12/04043/LBC) (PLN-005-14 (262kb pdf))
Location:  7 Campbell Street, Thurso, KW14 7HA  (Ward 2)
Nature of Development:  Replace windows on front and rear elevation with double glazed sash and case lookalike windows
Recommendation:  Refuse.

5.5  Applicant:  Hub North Scotland Ltd (13/03673/FUL) (PLN-006-14 (892kb pdf))
Location:  Wick North Primary School, Girnigoe Street, Wick (Ward 3)
Nature of Development:  Erection of 387 place primary school with office, library, dining and sports facilities, a 3 classroom ASN facility and 90 place nursery with full hard and soft landscaping including sports pitches, MUGA, car parking access from Ackergill Street and drop off zone along Girnigoe Street
Recommendation:  Grant.

5.6   Applicant:  RSPB on behalf of the Peatlands Partnership (13/04359/FUL) (PLN-007-14 (329kb pdf))
Location:  Dubh Lochan Trail, Forsinard (Ward 01)
Nature of Development:  Erection of new observatory building and formation of new path
Recommendation:  Grant.

5.7  Applicant:  RSPB on behalf of the Peatlands Partnership (13/04401/FUL) (PLN-008-14 (1709kb pdf))
Location:  Land 175 m NE of Forsinard Hotel, Forsinard (Ward 1) 
Nature of Development:  Demolish existing dwelling and erect new field centre with offices, education room, permanent and visiting staff residential accommodation
Recommendation:  Grant.

6. Decisions of Appeals 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

6.1  Applicant:  Mr Matheson (13/02526/FUL and 13/02527/LBC) Item 6.1 (64kb pdf)

Location:  Sydney House, 12 High Street, Cromarty 
Nature of Development:  Erection of conservatory extension to house (Planning Permission) (Listed Building Consent)

The above applications were refused planning permission and listed building consent on 12 August 2013 under delegated powers.  A Notice of Review and an Appeal were subsequently lodged by the applicant.  At its meeting on 31 October 2013, the Council’s Planning Review Body dismissed the Notice of Review against the refusal of planning permission.  The Review Body agreed with the reasons for refusal set out in the appointed officer’s decision notice.  The Scottish Government Directorate for Planning and Environmental Appeals dismissed the appeal against the refusal of listed building consent on 11 December 2013. The Reporter also agreed with the reasons for refusal set out in the appointed officer’s decision notice.  The Reporter reaffirmed the point that the use of uPVC is  unacceptable in listed buildings.  The decision letters from both the Planning Review Body and the Scottish Government Directorate for Environmental Appeals are circulated.

6.2  Applicant:  Mr Alpin MacDonald (13/00624/FUL) Item 6.2 (69kb pdf)
Location:  Land to south-east of Swordale Cottages, Evanton 
Nature of Development:  Erection of three houses and three garages (Planning Permission)

The above application was granted planning permission subject to conditions by the North Planning Applications Committee in February 2013 and an Appeal was subsequently lodged by the applicant against Conditions 1, 2, 3, 4 and 6.  The Scottish Government Directorate for Planning and Environmental Appeals has allowed the appeal in part by deciding to vary the terms of the Planning Permission by deleting Conditions 3, 4 and 6 and substituting reworded Conditions 4 and 6.

The Reporter did not agree to vary or delete Condition 1, which requires the use of natural slates and wet render. He considered that the applicant’s proposal for concrete roof tiles and dry dash roughcast was inappropriate and would detract from the pleasant quality of the housing group.

The Reporter similarly did not agree to vary or delete Condition 2, which requires that no development commences until the site access incorporating a service layby is upgraded to the Council’s Standards. The applicant wished the condition amended so that upgrading of the access takes place before the first house is occupied however the Reporter agreed with the Council that for road safety and amenity reasons the access should be completed before any other development commences on site.

The Reporter agreed to delete Condition 3, which restricted permitted development rights, on the basis that the principal elevations of the houses face the public road and therefore the long front gardens would not benefit from the permitted development rights referred to and the condition is therefore unnecessary.

The Reporter agreed to vary Condition 4, which requires the existing hedge and trees along the site frontage to be retained, but only to the extent that any felling required for the breaches of the hedge to allow for pedestrian footpaths to be accommodated could be approved in advance in writing by the Planning Authority. The Reporter did not accede to the applicant’s request to delete the condition to enable the removal of the established mature beech hedge and its replacement with a new hedge.

The Reporter agreed to vary Condition 6 to remove the need for the applicant to carry out the road improvements specified on the plan attached to the Planning Permission, on the basis that such required improvements are not necessary as a result of the proposed development. The revised Condition 6 does however require the provision of one additional passing place prior to first occupation of any second house.

In summary, the Reporter agreed that most conditions imposed were appropriate and necessary and only part of the appellant’s case for appeal could be upheld.

The decision letter dated 27 November 2013 from the Scottish Government Directorate for Environmental Appeals is circulated.

6.3  Applicant: Martin J Sutherland Item 6.3 (61kb pdf)
Location: 48 Breadalbane Terrace, Wick, KW1 5AG
Nature of Development: Replacement of 6 tilt and turn and 1 three sided dormer white uPVC windows on a like for like basis

There is circulated Appeal Decision Notice, reference LBA-270-2001 from the Directorate for Planning and Environmental Appeals setting out the decision of the Scottish Ministers to dismiss the appeal and refuse listed building consent for the replacement of existing uPVC windows with new uPVC windows as applied for at 48 Breadalbane Terrace, Wick. The Council had refused Listed Building Consent under the scheme of delegation following referral to the local ward members. Appeals against listed building consents are dealt with by the Reporters Unit and not the Planning Review Body.

The Reporter agreed with the reasons for refusal set out by the Council.  The determining issue was the acceptability of perpetuating the use of uPVC  windows in a Listed Building and the negative impact that such windows may have on the Listed Building itself and the immediate streetscape.