Agendas, reports and minutes

Committee Members Present:

Mrs I Campbell, Mr D Bremner (excluding items 5.7 – 6.3), Mrs G Coghill, Mr G Farlow, Mr B Fernie (excluding items 5.6 – 6.3), Mr M Finlayson, Mr C Fraser, Mr D MacKay (excluding items 5.3 and 5.6), Mrs A MacLean, Mr D Millar (excluding Items 5.3 - 6.3), Mrs M Paterson, Mr G Phillips (excluding items 5.5 – 6.3), Mr I Renwick (excluding items 5.7 - 6.3), Mrs A Sinclair and Ms M Smith.

Other Members Present:

Mr J Rosie (excluding items 5.5 – 6.3) 

Officials in attendance:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader, Development Management
Mr K McCorquodale, Principal Planner
Mr B Robertson, Principal Planner
Mr D Barclay, Planner
Ms G Webster, Planner
Mr P Alexander, Principal Technician, Planning
Mr I Moncrieff, Principal Engineer, TEC
Mrs A MacArthur, Administrative Assistant

Business

Mrs Audrey Sinclair in the Chair

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. 

1. Apologies
Leisgeulan

Apologies were intimated on behalf of Mrs I McCallum and Mr A Rhind.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

There were no declarations of interest.  

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of the meeting of the Committee held on 19 November 2013 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been 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.

The Committee NOTED the Report.

5. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1  Applicant:  Caithness Craft Art Skate Surf Ltd (13/00191/FUL) (PLN/002/14)
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.

There had been circulated Report No PLN-002-14 (545kb pdf) by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein. 

Members had the following concerns:

• The road had to be upgraded and required 3 passing places; was this feasible with objections from all the landowners whose land adjoined the road?
• The junction of the unclassified road with the A836 road was inadequate and dangerous;
• The road from Castletown was not suitable for children on bikes as it was a very fast road and an expected 25,000 visitors in a year would create a lot of traffic;
• Was this a suitable place for a skate park when the coastal walk and roads leading to that building were considered dangerous?

Mr Moncrieff outlined the road improvements to be undertaken and confirmed that there would be sufficient space to form the required passing places within the existing land.  The developer’s prediction of 25,000 visitors per year was considered aspirational and TEC had raised no issues. 

The Committee AGREED the recommendation. 

5.2  Applicant:  Wind Prospects Developments Ltd (13/02749/FUL) (PLN/003/14)
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.

There had been circulated Report No PLN-003-14 Part 1 (1207kb pdf) | PLN-003-14 Part 2 (1738kb pdf) | PLN-003-14 Part 3 (1489kb pdf) by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.

The relevant points from a late representation, received from Graham and Sibbald on behalf of a group of residents, would be addressed in the presentation.

Mr K McCorquodale advised of the following updates to the Report:

• The anticipated  additional planting had not occurred and compensatory planting would therefore not now apply;
• Condition 4 should be amended to replace 12 with  24 in respect of the period referred to for retaining information in line with condition 19; and
• With regard to the status of the Creag Riabhach project, presented as a scoping application last year; it was now an application formally in the system that would come to committee. 

Members debated whether to hold a site inspection for this application.

Mr G Phillips, seconded by Mrs M Paterson, moved that the application be determined following a site inspection. 

Mr B Fernie, seconded by Mrs Angela MacLean, moved as an amendment that the application be determined with no site inspection.

On a vote being taken using the electronic voting system, votes were cast as follows:-

For the Motion (8)

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr M Finlayson, Mr D Mackay, Mrs M Paterson, Mr G Phillips and Ms M Smith.

For the Amendment (6)

Mr B Fernie, Mr C Fraser, Mrs A MacLean, Mr D Millar, Mr I Renwick and Mrs A Sinclair.

Abstained (1)

Mr G Farlow.

The Committee therefore AGREED to conduct a site inspection on 17 February 2014 and to defer determination of the application to the meeting of the Committee on 18 February 2014.

Members requested the following information for the site inspection:

• A list of nearby properties, not financially involved, that had objected;
• Sight of the road normally travelled to and from Rogart;
• Sight of the relevant roads to and from the wind farm ;
• An opportunity to hear the background noise; and
• Access to the roads where there may be possible damage.

5.3  Applicant:  BayWa R.e UK Ltd per Natural Power Consultants (13/04144/FUL) (PLN/004/14)
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.

There had been circulated Report No PLN-004-14 (971kb pdf) by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein. 

Ms G Webster advised of the following amendments to the Report:

• item 8.22 in the Report should be amended to state 2 km and not 1.9 km;
• item 8.26 in regard to construction hours: it is appropriate to impose a condition;
• an additional condition stating that the wind turbine model will be an Enercon E70 and the condition will also state the tip height, hub height and rotor diameter.

The Committee AGREED the recommendation with an additional condition as follows:

“For the avoidance of doubt the wind turbine hereby approved shall be an Enercon E70 with an output of 2.3 MW. The turbine shall measure a maximum tip height of 110 m with a hub height of 74.5 m and rotor diameter of 67 m.

Reason: To clarify the terms of the permission hereby granted.”

5.4  Applicant:  Mrs Karen Bell (13/04062/FUL and 12/04043/LBC) (PLN/005/14)
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.

There had been circulated Report No PLN-005-14 (262kb pdf) by the Area Planning Manager recommending that Committee refuse the application for the reasons detailed therein. 

Members had the following concerns:

• Replacement wooden, sash and case windows were much more expensive;
• People should be made more aware when purchasing a property of the conservation area and listed building consent status and what these involved;
• The difficulty in the maintenance of listed properties with the expense of the required replacement windows;

Mr D Jones stated that the council would allow double glazed units but the windows had to be of the same design, finish and with the same form of opening to abide within the listed building criteria. 

Mrs A Sinclair, seconded by Mrs A MacLean MOVED the recommendation. 

There being no amendment, the Committee AGREED the recommendation.

Mr D MacKay and Mr D Bremner wished their dissent to this decision to be recorded in the minute.

5.5  Applicant:  Hub North Scotland Ltd (13/03673/FUL) (PLN/006/14)
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. 

There had been circulated Report No PLN-006-14 (892kb pdf) by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein. 

Mr B Robertson informed the Committee of the following changes to the Report:

• Section 4.1 of the Report: there were four representations and not 0;
• Section 5.11 of the Report should be removed as it is replicated in section 5; and
• Some non-material adjustments to conditions.  

Members had the following concerns:

• Was there adequate pedestrian access;
• Was there adequate drainage in the courtyard area;
• Would there be traffic calming in the roads leading to the school;
• Was there a sufficient turning area for school buses and large delivery vehicles;
• Would the Janitor’s House be relocated somewhere else;

Mr M Robertson outlined the pedestrian accesses and turning area for school buses and delivery vehicles.  He also indicated an access from the eastern side that would be used for deliveries.  There was adequate drainage in the courtyard.  There would be a one-way system for the roads leading to the school which would increase the widths of the footpaths in line with the policies for safer routes to schools. 

The Janitor’s house had been empty for 3-4 years and was to be demolished.  The Head Teacher, teachers and pupils had all been involved in the Stakeholders Meetings to discuss the development of the new school.  The developer would inform the Stakeholders Meeting of any changes as the project progressed. 

The Committee AGREED the recommendation subject to the conditions being varied as follows:

3. No development shall commence on site until the developer has submitted full written and plan details of the proposed external within curtilage lighting of the school, community facility, car parks and access paths for the approval in writing of the Planning Authority in consultation with the Area Lighting Engineer.  The lighting design shall meet the following minimum requirements:

• Lighting design should comply with the relevant BS5489 & EN 13201 Lighting class.
• Lighting design should be in accordance with the ILP guidelines on Obtrusive Light
• Lighting design to include an energy management plan and make use of modern techniques and technology
• Electrical design to comply with the current edition of BS7671

The installation and commissioning of the approved lighting shall thereafter be implemented in full by the developer prior to the opening of the school, sports facility and car park.  The floodlighting system for the amenity areas, sports pitches and car parks shall be fitted with an automatic cut-out timer to ensure that the system cannot operate outwith the hours of 2200 to 0800 (ie overnight).

For the avoidance of doubt, the lighting shall be designed so as to be vermin and bird proof.

Reason: In order to ensure that any lighting installed within the application site does not spill beyond the intended target area, does not impact adversely upon the amenity of adjacent properties and does not result in 'sky glow'.

6. No development shall commence on site until the developer has provided details in writing and on plan of:

• surfacing details of the MUGA

The development shall thereafter be undertaken in accordance with the approved details.

Reason: In order to clarify the details of the permission hereby granted.

8. All car parking, access roads, footpaths and pavements within the application site shall be completed in full and made available for use to the satisfaction of the Planning Authority in consultation with the Roads Authority before the first opening of the school and community facility.  Thereafter all parking spaces shall be maintained for this use in perpetuity.

For the avoidance of doubt, no development shall commence on site until the developer has submitted a Traffic Management Plan (TMP) for the site for the approval in writing of the Planning Authority in consultation with the Roads Authority.  The TMP shall include details of the construction traffic parking arrangements and construction compound location for the development site, including fencing as appropriate, as well as details of any Traffic Management required for the phased development of the site as a whole, including demolition works.  The Traffic Management Plan shall include the following as a minimum:

i) No deliveries to or from the site during school drop off / pick up times i.e. 08.30-09.15 and 15.00-16.00.
ii) Measures to manage school parking along Girnigoe Street, Ackergill Street, Henrietta Street and Hill Avenue in the vicinity of the school to ensure road safety and free flow of traffic, including measures to mitigate any reduction in parking on these roads.
iii) Proposals for liaison with Wick North Primary and Hillhead Primary parents, staff and pupils with regard to parking, traffic management and road safety issues.
iv) Measures to ensure that construction deliveries, particularly HGV deliveries, shall be via the A99 Castletown Road and Hill Avenue only, or as may otherwise be agreed in exceptional circumstances with the Planning Authority in consultation with the Roads Authority.  For the avoidance of doubt there shall be no construction deliveries via Henrietta Street/Ackergill Street or Henrietta Street/Girnigoe Street/Glamist Road.
v) Works for the demolition of Wick North Primary.

The development shall thereafter be undertaken in accordance with the approved Traffic Management Plan and shall remain in place until the development is complete.

Reason: In the interests of pedestrian and road safety, to minimise traffic disruption in the immediate road network close to the site and for the avoidance of doubt.

13. The perimeter of the construction site and new access roads shall be enclosed by a suitable Heras type security site fence which shall be maintained in place until each area of the development has been completed and has been opened.

Reason: In the interests of amenity and public safety.

17. The 60 m x 40 m 3G MUGA pitch shall be surfaced with a 3G synthetic pitch material, all to the satisfaction of the Planning Authority in consultation with Sportscotland.  For the avoidance of doubt, the grass and synthetic pitches shall be designed and constructed by a recognised (eg SAPCA registered) specialist pitch contractor.  Full details of the pitches specification shall be submitted for the written approval of the Planning Authority prior to the commencement of development.  The development shall thereafter be undertaken in accordance with the approved details.

Reason: In the interests of amenity, for the avoidance of doubt and as no details have been provided.

18. All surface water drainage provision within the application site shall be implemented in accordance with the approved plans and shall be completed prior to the first occupation of the development.

Reason: In order to ensure that the site is adequately drained and to safeguard property from flood risk.

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

There had been circulated Report No PLN-007-14 (329kb pdf) by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein. 

The Committee AGREED the recommendation.

5.7  Applicant:  RSPB on behalf of the Peatlands Partnership (13/04401/FUL) (PLN/008/14)
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.

There had been circulated Report No PLN-008-14 (1709kb pdf) by the Area Planning Manager recommending that Committee grant the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

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 Committee NOTED that the appeal had been dismissed.

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 Committee NOTED that the Reporter agreed that most conditions imposed were appropriate and necessary and only part of the appellant’s case for appeal was upheld.

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

The Committee NOTED that the appeal had been dismissed. 

There being no further business the meeting closed at 2.50 pm.