Agendas, reports and minutes

    Agenda

Minute of Meeting of the South Planning Applications Committee commenced at 10.30 am in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 26 November 2013.

Committee Members Present:

Mr R Balfour, Mr A Baxter, Mr B Clark, Mr J Crawford, Mr A Duffy (except Item 5.1), Mr D Fallows, Mr J Ford, Mr J Gray, Mr M Green, Mr D Kerr (except Item 5.1), Mr R Laird (except Item 5.1), Mr B Lobban, Mr C Macaulay (except Item 8), Mr T MacLennan, Mr F Parr and Mrs J Slater.

Substitute Members Present:

Mrs C Caddick (except Item 8)
Mrs H Carmichael (except Item 8)
Mr L Fraser (for Item 8)

Non Members Present:

Mrs L MacDonald (Item 8, no vote)

Officials in attendance:

Mr A Todd, Area Planning Manager South
Mr D Mudie, Team Leader
Mrs S Macmillan, Team Leader
Ms N Drummond, Team Leader
Mr A McCracken, Team Leader
Ms C Millard, Graduate Planner
Mr J Danby, Principal Engineer
Mr C Kemp, Area Roads and Community Works Manager
Ms S Blease, Principal Solicitor (Clerk)
Mrs P Bangor-Jones, Administrative Assistant

Business

1. Apologies
Leisgeulan

Apologies were received from Mrs M Davidson, Mr H Wood and Mr T Prag.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 Mr R Laird non financial
Item 5.1 Mr A Duffy non financial
Item 5.1 Mr D Kerr non financial

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minutes of the Committee meeting held on 29 October 2013.

Mr A McCracken provide Members with an update on Item 5.1(13/00420/PIP) (PLS/050/13), Site 15 m south of 5 Bath Street Nairn, which had been reported to the South Planning Applications Committee meeting held on 29 October, 2013.

Members were advised that Transport Scotland would withdraw their objection to the application if the Committee agreed to an imposed suspensive condition requiring the widening of Bath Street at its junction with the Trunk Road to a minimum of a 4.65 m carriageway width with no verges for a distance of 5 metres measured along the centreline of Bath Street from the heel of the Trunk Road footway.  He further confirmed that TECS were satisfied with the suspensive condition as outlined.

Thereafter, Members agreed to advise Scottish Ministers that they would be minded to GRANT planning permission in principle for the site 15m south of 5 Bath Street, Nairn on this basis.

The minutes of the Committee meeting held on 29 October 2013 were APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No. PLS-053-13 (76kb 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.

The Committee agreed to NOTE the current position.

5. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1 Mr R Laird declared a non-financial interest in this item and left the chamber for the duration of this item.

Mr A Duffy declared a non-financial interest in this item and left the chamber for the duration of this item.

Mr D Kerr declared a non-financial interest in this item and left the chamber for the duration of this item.

Applicant: Vince Campbell (13/03199/FUL) (PLS-054-13 (1176kb pdf))
Location: Lochiel Arms Bar, 1A Pumpgate Street, Inverness (Ward 15)
Nature of Development: Change of use to Class 2 betting office and changes to the frontage, air con and satellite dish instillation
Recommendation: Grant

There had been circulated Report No PLS/054/13 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and recommendation.

During discussion Members commented that they were surprised that TECS had not been consulted on this application, given that there was concern over parking in the vicinity.

In response, it was confirmed that although not formally consulted, TECS had thoroughly assessed parking provision in the vicinity of the premises.  They did not consider parking to be an issue as there was ample parking in the area.

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

5.2 Applicant: Broadland Renewable Engery (13/01295/FUL) (PLS-055-13 Part 1 (1615kb pdf) | PLS-055-13 Part 2 (1268kb pdf))
Location: Liddesdale, Laudale Estate, Ardgour (Ward 22)
Nature of Development: Installation of (up to) 320kW hydro-electric scheme (amended scheme to 12/01956/FUL)
Recommendation: Grant

There had been circulated Report No PLS/055/13 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms S Macmillan presented the report and the recommendation.

During debate Members commented as follows:-

    the possible loss of up to 80 mature trees sited within the Ancient Woodland was not welcomed;
    concern was expressed over the methodology used to ascertain the impact of noise levels on local amenities;  and
    with regard to the location of the site, it was suggested by local Members that a site visit may help better understand the layout of the site

In response to questions it was confirmed that:-

    no trees had yet been removed from the site and that the removal of any trees would require an on-site assessment, with the least number possible being removed through careful micro-siting;
    Environmental Health had, when undertaking the noise survey, taken into account possible future uses of the barn,  which was sited 60 metres from the proposed powerhouse;

Mr J Gray, seconded by Mr J Crawford, then moved that planning permission be granted subject to the conditions recommended in the report.

Mr T MacLennan, seconded by Mr A Baxter, then moved to defer consideration of the application pending a site visit.

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

Motion
Mrs C Caddick, Mrs H Carmichael, Mr J Crawford, Mr A Duffy, Mr D Fallows, Mr J Ford, Mr J Gray, Mr R Laird, Mr C Macaulay, Mr F Parr and Mrs J Slater.

Amendment
Mr R Balfour, Mr A Baxter, Mr B Clark, Mr M Green, Mr D Kerr, Mr B Lobban and Mr T MacLennan.

The motion to GRANT planning permission subject to the conditions recommended in the report accordingly became the finding of the meeting.

5.3 Applicant: The Plantation Community Association (13/03249/FULL) (PLS-056-13 (1526kb pdf))
Location: Old Golf Course, Pinegrove, Fort William (Ward 22)
Nature of Development: Construction of recreational area including expanded playground, adult fitness track, mini mountain bike trail, pathways, picnic sites and viewing areas.
Recommendation: Grant

There had been circulated Report No PLS/056/13 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms S Macmillan presented the report and the recommendation.

During debate Members commented as follows:-

    with regard to location of the fence, there was concern that it was sited too close to the rear garden boundary of properties on Glasdrum Road;
    there was a long standing history of anti-social behaviour in the locality;
    concerns were raised about the long term maintenance of the recreational area and it was vital that on-going maintenance continued for longer than five years.  It was recognised that maintenance was a complex matter;
    due to the complex nature of the application it was suggested that a deferral would give clarity; and
    there was general support for the application, if issues with the path and maintenance could be resolved.

In response to questions it was confirmed that:-

    with regard to the approved fence being maintained in perpetuity, it was explained that as a requirement of the funding package, the applicant was required to produce a maintenance and management plan for up to five years.  After five years there would be an element of uncertainty and responsibility would revert to the landowner;
    TECS had advised that they would not be responsible for the maintenance of paths and cycle tracks but that they had indicated that in principle they would inspect and maintain the play equipment at Pinegrove Play Area; and
    planning permission was required to allow the applicant to continue with the funding application process.

Mr A Baxter, seconded by Mr A Duffy, then moved that  consideration of the application be deferred for the submission of a robust maintenance programme and discussion on the possible re-siting of the path which bounds the Glasdrum Road garden boundaries.

Mr D Fallows seconded by Mrs C Caddick, moved that planning permission be granted for reasons recommended in report and subject to an additional condition that a robust maintenance programme be submitted to the satisfaction of planning officers, Local Members to be consulted on the maintenance plan.

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

Motion
Mr A Baxter, Mr B Clark, Mr A Duffy, Mr D Kerr, Mr R Laird, Mr B Lobban and Mrs J Slater.

Amendment
Mr R Balfour, Mrs C Caddick, Mr J Crawford, Mr D Fallows, Mr J Ford, Mr J Gray, Mr R Green, Mr C Macaulay, Mr T MacLennan and Mr F Parr.

Abstention
Mrs H Carmichael

The amendment to GRANT planning permission subject to the conditions recommended in the report and an additional condition that a robust maintenance programme be submitted to the satisfaction of planning officers with Local Members to be consulted on the maintenance plan, accordingly became the finding of the meeting.

6. Dates of Meetings in 2014   
Cinn-latha Choinneamhan ann an 2014

The Committee NOTED the dates of meetings for 2014.

7.    Exclusion of Public
Às-dùnadh a’Phobaill

The Committee AGREED to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should 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 6 of Part 1 of Schedule 7A of the Act.

8.   Planning Application to be Determined

Iarrtasan Dealbhaidh rin Dearbhadh

There had been circulated to Members only Report No PLS/057/13 by the Area Planning Manager South.

Following discussion the Committee AGREED to grant Planning Permission in Principle subject to the prior conclusion of a section 75 agreement to tie the house plot to the rest of the farm and farm shop business, and subject to conditions deemed appropriate.

The meeting ended at 12.40 pm.