Agendas, reports and minutes

Minute of the meeting of the South Planning Applications Committee commenced at 10.30am in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 25 June, 2013

Committee Members Present:

Mr R Balfour, Mr A Baxter, Mr B Clark, Mr J Crawford, Mrs M Davidson, Mr A Duffy, Mr D Fallows, Mr J Ford, Mr J Gray, Mr M Green, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr T MacLennan, Mr F Parr, Mr T Prag, Ms J Slater, Mr H Wood

Non Committee Members Present:

Mrs L MacDonald (Item 5.3 and 5.4), Mr L Fraser (Item 5.3 and 5.4)

Officials in attendance:

Mr A Todd, Area Planning Manager South, Ms N Drummond, Team Leader, Mr A McCracken, Team Leader, Mrs S Macmillan, Team Leader, Mr D Mudie, Team Leader, Mr F McIntosh, Transport Development Officer, Mr J Danby, Principal Engineer, Ms S Blease, Principal Solicitor (Clerk), Mrs P Bangor-Jones, Administrative Assistant, Mrs A MacArthur, Administrative Assistant

Business

1.  Apologies
Leisgeula

Apologies were received from Mr C Macaulay

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

The Committee then Noted the following declarations of interest:-

    Item 5.8 Mr David Fallows (Non Financial)
    Item 5.8 Mrs Jean Slater (Non Financial)

Mr Thomas Prag advised that he was still a member of the UHI Board and since item 5.7 included linkages to the campus site he wished this noted.  This was not, however, a declarable interest.

Mr H Wood also advised that he was Chairman of Highland Cycle Campaign.  Again, this was not a declarable interest in respect of any item on the agenda.

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minutes of the Committee meeting held on 28 May 2013 which were APPROVED.

4.  Major Applications

There had been circulated Report No. PLS-032-13 (167kb pdf) by the Head of Planning and Building Standards which provided a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

In response to a question as to whether there had been any progress in discussions on the Gaelforce application, it was confirmed that a meeting was scheduled to take place with all interested parties the following week to discuss this.  It was agreed that the Ward Manager would be updated after that meeting.

The Committee agreed to NOTED the current position.

5.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1
Applicant: Mr Jason Steen (13/01817/FUL) (PLS-033-13 (70kb pdf) | PLS-033-13 Plans (575kb pdf))
Location: Achabeg West, Lochaline, Morvern, Oban, PA80 5XU (Ward 22)
Nature of Development: Reconstruction of house with new rear extension (amendment to 13/00398/FUL)
Recommendation: Grant

There had been circulated Report No PLS/033/13 by the Area Planning Manager South recommending that planning permission be granted.

Mrs Macmillan presented the report and recommendation.

During discussion Members raised concern that the previous house on the site had been demolished and the site cleared contrary to the consent at that time.  Members also expressed unease about the loss of a traditional vernacular building, which was of local historical interest, although the house was not listed.

The Committee then agreed to GRANT planning permission.

5.2
Applicant: Mr Arafeh Aleshi per Patience Architecture Ltd (13/01702/FUL) (PLS-034-13 (63kb pdf))
Location: 36 Greig Street, Inverness IV3 5PX (Ward 15)
Nature of Development: Erection of extension
Recommendation: Grant

There had been circulated Report No PLS/034/13 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms Drummond presented the report and the recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report. It was further agreed to add an additional informative note regarding construction hours and noise.

5.3
Applicant: Mr S and Mrs H Tweedie (13/00120/FUL) (PLS-035-13 (64kb pdf))
Location: Fionn Cottage, Moyness, Nairn (Ward 19)
Nature of Development: Demolish existing and erect replacement dwelling
Recommendation: Refuse

Mrs L MacDonald and Mr L Fraser had requested and been granted local member votes for this item pursuant to standing order 13.2.

There had been circulated Report No PLS/035/13 by the Area Planning Manager South recommending that planning permission be refused   for the reasons recommended in the report.

Ms Drummond presented the report and the recommendation.

During debate Members made the following comments:-

    it was noted that the application had not attracted any local objections;
    concern was raised over the scale, style and design of the proposed house and whether it was appropriate for the location and did not detract from the existing housing group;
    there was universal backing for modern architecture and eco housing providing the site chosen was suitable; and
    should planning permission be granted, it was vital that the applicant comply with Condition 2.

Mr J Gray, seconded by Mr T Prag, then moved that planning permission be refused for the reasons recommended in the report.

Mr M Green, seconded by Mr L Fraser, then moved as an amendment that planning permission be grant contrary to the recommendation on the grounds that the   Development would not be contrary to Policies 28 and 29 of the Highland wide Local Development Plan or the Supplementary Guidance: Housing in the Countryside and Siting and Design because the siting and design were considered acceptable.

Mr D Kerr moved as a second amendment that the application be deferred for further information on how the separation of the houses was to be achieved.  The second amendment received no seconder and accordingly fell.

On a vote being taken, twelve votes were cast in favour of the motion and seven votes in favour of the amendment as follows:-

Motion

Mr A Baxter, Mr B Clark, Mr J Crawford, Mr A Duffy, Mr J Ford, Mr J Gray, Mr R Laird, Mr B Lobban, Mr F Parr, Mr T Prag, Mrs J Slater, Mr H Wood

Amendment

Mrs M Davidson, Mr D Fallows, Mr M Green, Mr D Kerr, Mrs L MacDonald, Mr L Fraser, Mr T MacLennan

The motion to REFUSE planning permission for the reasons recommended in the report accordingly became the finding of the meeting.

5.4
Applicant: Jake Mitchell (13/01279/PIP) (PLS-036-13 (43kb pdf))
Location: Land 361 metres north west of Wester Hardmuir (Ward 19)
Nature of Development: Planning permission in principle for new dwelling
Recommendation: Refuse

Mrs L MacDonald and Mr L Fraser had requested and been granted local member votes for this item pursuant to standing order 13.2.

There had been circulated Report No PLS/036/13 by the Area Planning Manager South recommending that planning permission be refused for the reason recommended in the report.

Mr McCracken presented the report and the recommendation.

During debate Members commented that:-

    thriving local family run business and the nature of the business required a hands on approach;
    there was a need to acknowledge the increase in rural crime and that the business had been the victim of two break-ins; and
    it was essential to substantiate the need for the house and this could best be established by an independent Operational Needs Assessment which had not been included in the application.

In response to a question about a possible Section 75 Agreement tying the proposed house to the farm land, it was confirmed that this was possible and would contain the standard clause confirming that the restriction on separate sale of the house from the farm land would not apply in the event of sale by a heritable creditor following default on the mortgage.  The use of this clause meant that the s75 would be acceptable to mortgage lenders.

Thereafter, the Committee agreed to DEFER determination for submission by the applicant of an independent Operational Needs Assessment, with delegated powers granted to the Area Planning Manager thereafter to determine the application in the event that an operational need was proven to his satisfaction.

5.5
Applicant: The Highland Council (13/01148/FUL) (PLS-037-13 (46kb pdf))
Location: (Ward 13)
Nature of Development: Installation of packaged biomass plant to replace the existing electric heating in the building
Recommendation: Grant

There had been circulated Report No PLS/037/13 by the Area Planning Manager South recommending that planning permission be granted subject to the condition recommended in the report.

Ms Drummond presented the report and the recommendation.

The Committee agreed to GRANT planning permission subject to the condition recommended in the report.

5.6
Applicant: Harbro Ltd (13/01614/FUL) (PLS-038-13 (22kb pdf) | PLS-038-13 Plans (187kb pdf))
Location: Tore Mill, Harbour Road, Inverness (Ward17)
Nature of Development: Replacement of existing raw material intake facility including replacement of existing 6 no external raw material storage silos.
Recommendation: Grant

There had been circulated Report No PLS/038/13 by the Area Planning Manager South recommending that  planning permission be granted subject to the condition recommended in the report.

Ms Drummond presented the report and the recommendation.

The Committee agreed to GRANT planning permission subject to the condition recommended in the report.

5.7
Applicant: Inverness Estates Ltd (12/04555/PIP) (PLS-039-13 (117kb pdf) |  5.7 PLS-039-13 Appendix 2 Part 1 (3205kb pdf) | PLS-039-13 Appendix 2 Part 2 (1354kb pdf) | PLS-039-13 Appendix 2 part 3 (4589kb pdf) | PLS-039-13 Appendix 3 (72kb pdf))
Location: Highlander Way, Inverness Retail and Business Park, Inverness
(Ward 18)
Nature of Development: Connectivity strategy for Inverness Retail, Business and Leisure Park, Stoneyfield Business Park and University Campus (Beechwood) and development of four Class 3/drive-through units.
Recommendation: Grant

There had been circulated Report No PLS/039/13 by the Head of Planning and Building Standards recommending that planning permission in principle be granted subject to the conditions recommended in the report.

Mr Mudie presented the report and the recommendation

During debate Members raised the following:-

    concern that there would be a negative impact on Inverness city centre shops and restaurants;
    it was appreciated that whilst there would be employment associated with the proposed development, it needed also to be acknowledged that there could be a detrimental effect on city centre employment;
    • there was unease that  the development was on land allocated for business use in the Inverness Local Plan;
    the Scottish Government Planning Policy which included a “Town Centre First” presumption for retail development in the centre before any new build on the edge of a town;
    that not all visitors who visited the retail park would necessarily want to or have a need to visit Inverness city centre;
    the existing restaurant provision at Inverness Retail Park was limited and a greater choice of restaurants would be welcomed;
    with regard to the Inner Moray Firth Local Development Plan there was concern that the emerging plan would not necessarily alter the land allocation to mixed use;
    there was a range of vacant city centre sites and it was difficult to understand why these sites were not acceptable to operators; and
    surprise that having rejected a similar application for this site in 2011 a new application was brought back to committee.

Mr J Ford, seconded by Mr T Prag, then moved that planning permission in principle be granted for the reasons recommended in the report.

Mr R Balfour, seconded by Mr R Laird, then moved as an amendment that planning permission in principle be refused for the following reasons:

    The development would be contrary to the land allocation for business use contained in the Inverness Local Plan and contrary to those policies contained in the Highland wide Local Development Plan which seek to promote and protect Inverness City Centre and Town Centres in Highland.
    While the Inner Moray Firth Local Development Plan was a material consideration, there was no guarantee that the continued allocation for business use highlighted in the Main Issues Report would ultimately be altered to mixed use and the IMFLDP was not therefore considered justification for departure from the current development plan.
    No sequential study had been submitted to demonstrate that there were no sequentially preferable sites or that the development would have an acceptable impact on the city centre or other town centres.  The sequential test required under the HwLDP Policy 40 and under Scottish Planning Policy had accordingly not been satisfied.

On a vote being taken, six votes were cast in favour of the motion, twelve votes in favour of the amendment as follows:-

Motion

Mr J Ford, Mr J Gray, Mr B Lobban, Mr T MacLennan, Mr F Parr, Mr T Prag

Amendment

Mr R Balfour, Mr A Baxter, Mr B Clark, Mr J Crawford, Mrs M Davidson, Mr A Duffy, Mr D Fallows, Mr M Green, Mr D Kerr, Mr R Laird, Mrs J Slater, Mr H Wood

The amendment to REFUSE planning permission in principle for the reasons stated above accordingly became the finding of the meeting.

5.8
Applicant: Highland Housing Alliance, The Highland Council and Caledonian Housing Association (13/01297/FUL) (PLS-040-13 Plans (5524kb pdf))
Location: Site 2B, Westercraigs, Inverness (Ward 14)
Nature of Development: Construction of 94 houses and associated infrastructure.  The proposed development is affordable housing of mixed tenure with a combination of semi-detached, terraced and flatted units.
Recommendation: Grant

Mr D Fallows and Mrs J Slater had declared non-financial interests in this item as members of the Board of Highland Housing Alliance, but did not leave the chamber during this item.

There had been circulated Report No PLS/040/13 by the Head of Planning and Building Standards recommending that planning permission be granted subject to the conditions recommended in the report.

Mr Mudie presented the report and the recommendation.

During discussion Members commented as follows:-

    additional social housing was much needed and was welcomed;
    the condition of the West Road was a concern and an immediate upgrade would be required;
    voiced concern with regard to flooding on the site due to its proximity to a number of watercourses; and
    it was felt that due to the number of partners involved in the development,  it was essential that a maintenance plan to cover all elements of the site was drawn up and adhered to.

In response Mr Mudie confirmed that the potholes in the West Road has been recently filled in but acknowledged that the road was not to the standard that was expected.  He then further confirmed that, after discussions between the engineers and the Flood Team it wasagreed that drainage would be dealt with by incorporating a settling pond for water prior to entry into the culvert.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.

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: Ms Tanya Kennedy (10/03934/FUL) (Appeal Decision (66kb pdf))
Location: 26 Balnakyle Road, Inverness IV2 4BP
Nature of Development: Construction of decking area

The Committee NOTED the decision of the Reporter to dismiss the appeal and uphold the enforcement notice.