Agendas, reports and minutes

    Agenda

Minute of Meeting of the South Planning Applications Committee commenced at 8.30 am with a site visit to Nairn South (Item 5.1) and reconvened at 12.30 pm in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 20 August 2013.

Committee Members Present:

Mr R Balfour, Mr A Baxter (except Items 5.1, 5.2, 5.6 and 5.7), Mr B Clark, Mr J Crawford, Mrs M Davidson, Mr A Duffy (except Item 5.1), Mr D Fallows (except Item 5.1), Mr J Ford (Items 5.1, 5.2 and 5.3 only), Mr J Gray, Mr M Green, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr C Macaulay, Mr T MacLennan, Mr F Parr, Mr T Prag (except Item 5.2), Ms J Slater, Mr H Wood (except Item 5.2)

Non- Committee Members Present:

Mr L Fraser (Item 5.1), Mr K Gowans (Items 5.2, 5.5, 5.6 and 5.7)

Officials in attendance:

Mr A Todd, Area Planning Manager South, Mr M MacLeod, Head of Planning and Building Standards, Mr D Mudie, Team Leader, Mr J Harbison, Principal Planner, Mr K McCorquodale, Principal Planner, Ms N Drummond, Team Leader, Mr J Danby, Principal Engineer, Mr M Smith, Principal Engineer, Mr F MacIntosh, Transport Development Officer, Ms Z Skinner, Environmental Health Officer, Ms S Blease, Principal Solicitor (Clerk), Mrs P Bangor-Jones, Administrative Assistant

Business

Preliminaries

Mr Crawford requested a site visit for items 5.2 and 5.6 due to the proximity of the development sites to Culloden Battlefield.

After discussion, Members voted by a show of hands and voted by nine votes to seven votes not to hold site visits for these items.

1.  Apologies
    Leisgeulan

Apologies were received from Mr A Baxter in respect of item 5.1.

2.  Declarations of Interest
    Foillseachaidhean Com-pàirt

The Committee Noted the following declarations of interest:-

Item 5.2 Mr Thomas Prag (Non Financial)
Item 5.2 Mr H Wood (Non Financial)
Item 5.2 Mr A Baxter (Non Financial)
Item 6.1 Mr Thomas Prag (Non Financial) – item for noting only
Item 6.3 Mr Dave Fallows (Non Financial) – item for noting only

3.  Confirmation of Minutes
    Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minutes of the Committee meeting held on 25 June 2013 which was Approved.

4.  Major Applications

There had been circulated Report No. PLS-041-13 (109kb 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.

Mr Mudie in response to a question confirmed that the summary of all cases was updated fortnightly.

The Committee agreed to Note the current position.

5.  Planning Applications to be Determined
    Iarrtasan Dealbhaidh rin Dearbhadh

Application subject to a Site Visit

5.1
Applicant: Scotia Homes Ltd, Barratt North East Scotland and Robertson Homes
(11/04355/FUL) (PLS/042/13)
Location: Land at Cawdor Road, Nairn South, Nairn (Ward 19)
Nature of Development: Residential development consisting of 319 units (232 houses and 87 flats) and associated infrastructure and public open space
Recommendation: Grant

Mr L Fraser had requested and been granted a local member vote for this item pursuant to Standing order 13.2.

Mr A Duffy and Mr D Fallows did not take part in determination of this item as they had not attended the site inspection.

There had been circulated Report No. PLS-042-13 (7918kb pdf) | PLS-042-13 Plans 1 (6730kb pdf) | PLS-042-13 Plans 2 (6087kb pdf)  by the Head of Planning and Building Standards recommending that planning permission be granted subject to the conditions recommended in the report.

Mr MacLeod presented the report and recommendation.

During discussion Members commented as follows:-

    clarity was sought over the location and the extent of the land which would be available for allotments.  It was further requested that sufficient car parking at the allotment locations would be available;
    it was important that the affordable housing element of the development was located appropriately throughout the development;
    there was unease that the intended service lanes were not to be adopted by Highland Council and any additional factoring charges may impact on the ability to buy;
    the importance of play/sports areas, green spaces and parks was stressed;
    as the site was to be developed by three separate contractors, it would be beneficial if a local liaison group which comprised local members and local community councils could be set up.  It was proposed that this group would work during the lifetime of the development;
    that the layout, quality and the style of housing proposed was interesting and varied and was to be commended;
    with regard to the anticipated increase in traffic, there was considerable concern that the local road network would be unable to cope;
    the loss of productive and profitable agricultural land was not welcomed;
    there was concern that the additional traffic generated by the new development would impact upon Nairn town centre, e.g. increased demands on town centre parking;
    with regard to the factoring arrangements, there was concern that the site was being developed by multi contractors and the impact if one or more of the contractors went into liquidation.  Was there a case to be made for the factoring element of the development to be undertaken by Highland Council; and
    the development should in no way hinder any future expansion of the nearby sawmill business.

In response to questions it was confirmed that:-

    with regard to the hierarchy of roads, there were two proposed arterial routes.  The first arterial road would link Cawdor Road with Balblair Road.  The second would be sited in the north of the site but would not be developed within the current application;
    the affordable housing element of the development would be “pepper potted” throughout the site and further discussion was scheduled with the Affordable Housing Team;
    the Sub Masterplans would not come back to the South Planning Applications Committee as the proposal before Members was a full planning application, which provided a great level of detail;
    careful attention had been made with respect to styles of housing proposed for the site.  The site would house a number of different neighbourhoods each with a different character, these would include terraced streets, sweeping crescents with large gardens and flatted areas;
    it was a requirement that the allotments would be provided in line with Council Policy and Condition 25 was included to ensure this happened;
    the pedestrian footbridge over the railway line would include a cycle lane and it was hoped that this cycle lane would link into the Nairn Cycle Network.  Assurance was also given that this would be progressed by the Council’s Access Team;
    with regard to concerns over possible impacts on the sawmill, these had been considered and the Strategic Masterplan would require a “sawmill buffer zone” to be protected for the future expansion of the business;
    the loss of agricultural land had been discussed at the development plan stage and it was considered an appropriate use of land for the expansion of Nairn; and
    it was beyond the scope of the development to deliver any sports facilities but rather a good travel network into Nairn was essential to allow take-up of the provisions offered within the Nairn area.

The Committee agreed to Grant planning permission subject to the recommendations in respect of matters to be covered by a section 75 obligation and to the revised conditions circulated at the meeting.

It was further agreed to amend Condition 25 to include a requirement to submit details of car parking arrangements at the allotments and to add a condition to stipulate that prior to the commencement of the development, a community liaison group would be established by the developers in collaboration with Highland Council to include local elected members and community councils.

Finally, power was delegated to officers to:

i. Opt to refuse the application should the Section 75 obligation not be concluded within 4 months of Committee’s decision to grant planning permission; and

ii. Amend the wording of proposed conditions/impose additional conditions and agree to minor changes to the trigger and/or division between developers of each contribution secured by the Section 75 obligation, if deemed necessary for the proper planning of the development, following consultation with the Chair and Local Members.

Other Applications

5.2
Applicant: Inverness Properties Ltd (11/04653/FUL) (PLS-043-13 (6748kb pdf))
Location: Viewhill, Inverness (Ward 20)
Nature of Development: Demolition of agricultural buildings, formation of 16 house plots, upgrade of access and associated works
Recommendation: Grant

Mr T Prag, Mr H Wood and Mr A Baxter declared non-financial interests in this item as members of the National Trust for Scotland which had objected to the application.  Mr Prag, Mr Wood and Mr Baxter left the chamber during this item.

Mr K Gowans had requested and been granted a local member vote for this item pursuant to Standing order 13.2.

There had been circulated Report No PLS/043/13 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Mr Harbison presented the report and the recommendation.

During debate Members raised the following:-

    unease that the proposed development would not enhance the area as the area is sited within the boundary Historic Scotland’s Battlefield Inventory but 400m outside of the Culloden Battlefield Conservation Area site;
    as the redundant agricultural buildings are on a working farm there was concern that a new set of agricultural buildings would be required in the future;  
    that the present un-adopted road which leads to the development site and the local road network would be unable to cope with additional traffic;
    the site had been the subject of several bat surveys as required by Policy 58 of the Highland-wide Local Development Plan but Members expressed surprise that the three tests required in relation to the European Protected Species legislation appeared to be unworkable; and
    the number of units proposed for the site was too many and therefore, was an inappropriate level of density.

Mr J Gray, seconded by Mr C Macaulay, then moved that planning permission be granted for the reasons recommended in the report.

Mr J Crawford, seconded by Mr D Kerr, moved as an amendment that planning permission be refused for the following reason:

That it had not been demonstrated that the development would bring about an environmental benefit as required in order to qualify as an exception (under section 6.22 of the Housing in the Countryside Supplementary Guidance) to the general presumption in Policy 35 of the Highland wide Local Development Plan against new housing in the Hinterland area.

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

Motion
Mr J Ford, Mr J Gray, Mr C Macaulay, Mr F Parr

Amendment
Mr R Balfour, Mr B Clark, Mr J Crawford, Mrs M Davidson, Mr A Duffy, Mr D Fallows, Mr K Gowans, Mr M Green, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr T MacLennan, Mrs J Slater

The amendment to Refuse planning permission for the reason stated above accordingly became the finding of the meeting.

5.3
Applicant: WPD Beinn Mhor Limited (13/02293/FUL) (PLS-044-13 (1579kb pdf))
Location: South west of Tomich, Strathglass, Inverness (Ward 13)
Nature of Development: Erection of a temporary 80m meteorological mast at the proposed Beinn Mhor Wind Farm
Recommendation: Grant

There had been circulated Report No PLS/044/13 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.

During debate Members expressed concern that the mast posed a significant threat to the raptor population and requested that further advice be sought from RSPB on how to mitigate the effects of the structure.

In response to a question, it was confirmed that it would be possible to grant permission for a temporary period of two years but it would be likely that the applicant would apply for a further one year extension.

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

It was further agreed that prior to the issue of permission, advice be sought from RSPB with regard to enhanced bird deflection measures and condition 3 be revised, if considered necessary, to reflect any recommendations from the RSPB.

5.4
Applicant: Mrs B Munro (13/01949/FUL) (PLS-045-13 (616kb pdf))
Location: 39 Firthview Road, Inverness, IV3 8LZ (Ward 14)
Nature of Development: Erection of house
Recommendation: Grant

There had been circulated Report No PLS/045/13 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.

During debate Members commented as follows:-

    on the importance of the proposed house style being an appropriate build for the size of the plot;
    there appeared to be a loss of mature trees from the site and wondered if more appropriate use could made of Tree Preservation Orders to ensure further loss from the site and surrounding area be halted; and
    further clarification was sought with regard to compensatory planting and landscaping for the site and what this meant in practical terms.

In response to questions Ms Drummond confirmed that the plans had been amended to take account of the small site and that the house height had been reduced from 1 ½ storeys to single storey.  Ms Drummond further confirmed that condition 2 had been included to allow further detailed discussion with the applicant, with a view to ensuring that where possible planting and landscaping compensated for the loss of mature trees from the site.  It was acknowledged that it would not be possible to replace like for like due to the limitations of the site.

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

It was further agreed that an advisory note regarding hours of construction and noise be added in the decision notice.

5.5
Applicant: Miss Margo Howatson (13/02395/FUL) (PLS-046-13 (363kb pdf))
Location: The Steading, Wester Inshes, Inverness, IV2 5BG (Ward 20)
Nature of Development: Change of use of an office building (Class 4) to a dog day care facility (sui generis)
Recommendation: Grant

Mr K Gowans had requested and been granted a local member vote for this item pursuant to Standing order 13.2.

There had been circulated Report No PLS/046/13 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.

During debate Members made the following comments:-

    it was noted that the application had attracted a number of local objections, including the local community council;
    there was a concern that the business would generate additional traffic in the vicinity.  It was also noted that there had been previous commercial operations on the site;
    in terms of possible noise pollution, there was apprehension but it was noted that any noise issues would be dealt with by environmental health officers and that a licence would be required to operate this type of business;
    in relation to the type of business it was noted that it would not operate as a kennel facility and no dogs would be left in the building overnight;
    possible illegal parking issues when clients dropped off and picked up dogs;
    the proposed business would be operating in a residential area and this was not seen as an appropriate site for such a business;
    the property to be converted had previously been used for commercial purposes,  including a farm shop; and
    the close proximity of the business to the residential properties.

In response to questions Ms Drummond confirmed the property had been identified in the local development plan as suitable for commercial use and had previously been occupied by various commercial businesses.

After debate, Mr J Gray, seconded by Mr T Prag, moved that planning permission be granted subject to the conditions in the report.

Mr K Gowans then moved as an amendment that planning permission be refused for the following reasons:

    the increased volume of traffic in the residential area and its adverse effect on road safety;
    detrimental impact on general amenity

The Clerk advised that refusal of the application on the ground of road traffic impact was unsupported by any evidence from TECS who had no objection to the application.  Refusal on this ground would accordingly be unsupportable if challenged.  For clarity Mr Danby confirmed that TECS were satisfied with the Traffic Impact Assessment submitted.

There being no seconder for Mr Gowans amendment, the amendment fell.

Thereafter, the Committee agreed to Grant planning permission subject to the conditions recommended in the report together with an amendment to condition 3 to allow a 0800 commencement of the business and to clarify that no dogs should be exercised outwith the premises before 0900.

5.6
Applicant: Mr L Mackenzie (13/01554/FUL) (PLS-047-13 (2237kb pdf))Location: Land West of Farmhouse, Blackpark Farm, Westhill, Inverness
(Ward 20)
Nature of Development: Erection of house with detached garage
Recommendation: Grant

Mr K Gowans had requested and been granted a local member vote for this item pursuant to Standing order 13.2.

There had been circulated Report No PLS/047/13 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.

During debate Members commented as follows:-

    the B9006 was an important tourist route to Culloden battlefield;
    clarification was sought on whether refuse collection was from the B9006 road end or did collection vehicles collect from outside each house.  It was further commented that it was not ideal for large collection vehicles to be stopped on a narrow road to collect refuse. It was noted that there was no site for a bin storage area on the plans;
    whether it would be possible to re-orientate the house to mitigate impact on road users using the B9006;
    due to the sensitive location of the proposed property it was entirely appropriate that Permitted Development Rights be withdrawn, thereby ensuring that any alterations could not be made to the property without coming back to the planning committee;
    that by using the attic space to create additional rooms the proposed build was effectively a 1 1/2  storey property; and
    it was noted that the applicant had engaged in pre-application discussions.

In response to questions Ms Drummond confirmed that it would be possible to request an amendment to the plans to re-orientate the house but that it would require the item to be deferred.

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

It was further agreed that bin storage arrangements be considered prior to the issuing of planning permission and an additional condition on bin storage added, if considered necessary.

5.7
Applicant: Carbon Free Moy Limited (CFML) (13/01180/S36) (PLS-048-13 (5370kb pdf))
Location: Moy Estate Tomatin by Inverness (Ward 20)
Nature of Development: Application to increase the potential generational capacity of the consented Moy Wind Farm from 41MW to 66MW.
Recommendation: Raise No Objection

Mr K Gowans had requested and been granted a local member vote for this item pursuant to Standing order 13.2.

There had been circulated Report No PLS/048/13 by the Head of Planning and Building Standards recommending that the Committee raise no objection to the application for Section 36 consent subject to the conditions recommended in the report.

Mr McCorquodale presented the report and the recommendation.

In response to questions Mr McCorquodale confirmed that possible increased noise levels had been considered and would be dealt with by condition 23 in the report.

The Committee agreed to Raise No Objection subject to the conditions recommended in the report.

6.  Decisions of the Scottish Government’s Directorate for Planning and Environmental Appeals, Energy and Climate Change Directorate,   and Directorate for Local Government and Communities   
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Ath-thagraidhean Dealbhaidh is Àrainneachd, Buidheann-stiùiridh Cumhachd     agus Atharrachadh Gnàth-shìde, agus Buidheann-stiùiridh Riaghaltas Ionadail is Coimhearsnachdan Riaghaltas na h-Alba

6.1
Applicant: Druim Ba Sustainable Energy Limited (Druim Ba Forest (5936kb pdf))

Location: Druim Ba Forest, Blairmore Estate, 6 km north of Drumnadrochit
Nature of Development: Wind Powered Electricity Generating Station

Mr T Prag had declared a non-financial interest in this item as he knew the applicant.  However, as the item was for noting only Mr Prag did not leave the chamber during this item.

The Committee Noted the decision of Scottish Ministers to refuse consent.

6.2
Applicant: Eurus Energy UK Limited (Glenkirk Balnespick Estate (1136kb pdf))
Location: Glenkirk, Balnespick Estate and Forestry Commission land north-east of Tomatin
Nature of Development: Wind Powered Electricity Generating Station

The Committee Noted the decision of Scottish Ministers to refuse consent.

6.3
Applicant: Nanclach Limited (MAS/KER/50566.4) (Tom Nan Clach Tomatin (580kb pdf))
Location:  Land approximately 8 km north of Tomatin
Nature of Development: 17 Wind Turbines, associated access tracks and infrastructure, 2 temporary construction compounds and 2 temporary borrow workings

Mr D Fallows had declared a non-financial interest in this item as his wife was an objector.  However, as the item was for noting only, Mr Fallows did not leave the chamber during this item.

The Committee Noted the decision of Scottish Ministers to uphold the appeal and grant planning permission

6.4
Applicant: Bruce and Emma Mitchell (ENA-270-2006) (Altnacardich Newtonhill (515kb pdf))
Location: Altnacardich Woodland House, Newtonhill, Lentran, Inverness IV3 8RN
Nature of Development: Alleged breach of planning control: use of land as a caravan site

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