Agendas, reports and minutes

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 21 January 2014.

Committee Members Present:

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

Non- Committee Members Present:

Mr K Gowans (Items 5.5, 5.6, 6.3, no vote)

Officials in attendance:

Mr A Todd, Area Planning Manager South
Ms N Drummond, Team Leader
Mr D Mudie, Team Leader
Mr J Harbison, Principal Planner
Mr K Gibson, Principal PlannerMr J Danby, Principal Engineer
Ms S Blease, Principal Solicitor (Clerk)
Mrs K Lyons, Principal Solicitor - Planning 
Mrs P Bangor-Jones, Administrative Assistant
Mrs A MacArthur, Administrative Assistant

Business

1. Apologies
Leisgeulan

Apologies were received from Mr A Baxter, Mr M Green and Mr T MacLennan.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.5 Mr D Fallows - non financial

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation the minutes of the Committee meeting held on 26 November 2013 which were APPROVED.

4. Major Applications

There had been circulated Report No. PLS/001/14 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 questions, it was confirmed that an update would be provided at the next meeting for the following applications:

• Land at Thornbush Quay, Inverness; and
• Stronelairg Wind Farm, Garrogie Estate, Whitebridge.

Thereafter, the Committee agreed to NOTE the current position.

5. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

5.1
Applicant: Moira and Jamie Whittle (13/03320/MSC) (PLS/002/14)
Location: Land 90M NE of Maviston, Nairn (Ward 19)
Nature of Development: Approval of matters specified in condition No. 2 of 10/02446/PIP
Recommendation: Approve

There had been circulated Report No PLS/002/14 by the Area Planning Manager South recommending approval of matters specified in condition No. 2 of 10/0244/PIP.

Mr J Harbison presented the report and recommendation.

The Committee agreed to APPROVE matters specified in condition No. 2 of 10/02446/PIP.

5.2
Applicant: RDS Inverness Ltd (13/03664/FUL) (PLS/003/14)
Location: 20 Lotland Street, Inverness (Ward 17)
Nature of Development: Erection of 6 business starter units (General industrial, factories, workshops and non-food warehouse (trade) buildings).
Recommendation: Grant

There had been circulated Report No PLS/003/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report and subject to prior referral to Scottish Ministers.

Mr J Harbison presented the report and the recommendation, explaining that as a result of the objection by the Health and Safety Executive on safety grounds, referral to Scottish Ministers would be required if the Committee was minded to grant planning permission.

During debate Members commented as follows:-

• whilst welcoming applications which would help with economic growth, health and safety was an overriding consideration;
• that it was a difficult proposal due to the contradictions between council policies and the health and safety issues raised by the Health and Safety Executive;
• that the locale surrounding the site was an area rich in history and should permission be granted, there should be an additional condition which would require that an archaeological survey be undertaken prior to the commencement of any development;
• the proposed six starter units could not be considered to be a sizeable development and therefore the number of people who would frequent the units would not be large in number; and
• to allay worries over the location of the site, it would be beneficial to put further conditions in place which would restrict the type of businesses to occupy the six starter units.

In response to questions it was confirmed that:-

• There had been no change to the Development Proximity Zone policy by the Health and Safety Executive. The policy placed restrictions on the numbers and types of development within any DPZ and had been introduced a number of years ago following the Buncefield oil storage terminal explosion.
• It was recommended that the use classes be restricted to Classes Four, Five and Six but it would be possible to add further conditions to restrict the use of the site.

The Committee then agreed to GRANT planning permission subject to the conditions recommended in report with an additional condition requiring an archaeology survey and subject to prior referral to Scottish Ministers.

5.3
Applicant: R & R Regeneration (13/04217/FUL) (PLS/004/14)
Location: Milnfield, 83 Kingsmills Road, Inverness (Ward 17)
Nature of Development: Amendment to original design 01/00207/FULIN to erect house
Recommendation: Grant

There had been circulated Report No PLS/004/14 by the Area Planning Manager South recommending that planning permission for an amendment to the original design 01/00207/FULIN be granted.

Mr K Gibson presented the report and the recommendation.

In response to a question it was confirmed that the existing mature trees along the boundary of the site would be retained as a condition of planning permission.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and two additional conditions which would require that the en-suite bathroom window be frosted and that the mature trees along the garden boundary be retained.

5.4 
Applicant: Carlton Rock Ltd (13/03235/FUL) (PLS/005/14)
Location: Former Swimming Pool Site, Glebe Street, Inverness (Ward 15)
Nature of Development: Proposed 7 storey hotel development with restaurant, bar facilities and associated car parking and access (as amended).
Recommendation: Grant

The Committee were advised that the application from Carlton Rock Ltd had been withdrawn by the applicant.

5.5
Applicant: William Gray Construction (13/03720/FUL) (PLS/006/14)
Location: 92-94 Academy Street, Inverness (Ward 15)
Nature of Development: Erect 31no flats and two commercial units
Recommendation: Grant

Mr D Fallows declared a non-financial interest in this item as a director of the Highland Housing Alliance which had interest in the development and left the chamber for the duration of this item.

Mr K Gowans was permitted to speak on this item without a vote pursuant to Standing Order 13.1.

There had been circulated Report No PLS/006/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report and the prior conclusion of a section 75 agreement or equivalent mechanism to secure a commuted sum to enhance alternative parking locations.

Ms N Drummond presented the report and the recommendation.

During debate Members commented as follows:-

• With regard to the pend, there was concern that measures needed to be put in place to avoid possible issues. In particular there was a need to ensure plentiful lighting and a high quality non-recessed gate to the rear.
• The importance of encouraging high quality and innovative architecture.
• Concerns were expressed over the flat roof design as it was felt that a more traditional pitched roof would have been more in keeping with the surrounding buildings.
• It was important for the development of Inverness that housing was available to encourage a return to people residing in the city centre.
• With regard to roof plant there was a need to ensure that plant was restricted, where possible. 
• Due to Inverness city centre’s ongoing problem with seagulls, it would be necessary to ensure that the roof of the development was treated, as far as possible, to restrict the ability of seagulls to roost.
• The possible development of a new civic space to the rear of the development, which would be linked by the pedestrian pend from Academy Street, was welcomed. However, it was noted that submission of an application for a proposed civic space was not guaranteed and no such application had as yet come before the Planning Applications Committee.
• It was appreciated that car parking was not always required for city centre developments but there was a need to ensure there would be parking for those residents who required it.
• Due to the location of the development, concerns were raised with regard to the logistics of bin storage and collection. Local Members expressed their concerns and requested that they be involved in discussion prior to approval.

In response to questions it was confirmed that:-

• A link pend had been included in the development to allow for pedestrian access to possible future developments to the rear of the building, as well as to storage areas to the rear of the building. Until any development to the rear of the building was completed, the link pend would remain fenced off;
• The two retail units were both modest in size and set back from the roadside. They would be serviced from the front of the building;
• The previous application for flats considered in 2010 had not been considered acceptable in the context of Academy Street.
• Due to the close proximity of the building to the bus and train stations it was believed that the development would be well served by public transport.
• Transport, Environmental and Community Services commented that due to the city centre location is was acceptable that no parking spaces had been provided. It was further explained that, with regard to parking requirements for new developments, each case was decided on merit.
• A review of parking facilities was to be carried out. In particular the review would look at ways to make better use of the space in the Rose Street car park. The commuted sum which the developers would require to pay would be put towards such improvements.
• Bin storage and collection points had been subjected to a detailed discussion and consideration and would require prior approval in terms of condition 11 in the report.

The Committee then agreed to GRANT planning permission subject to the prior conclusion of a legal agreement or equivalent mechanism to secure a commuted sum to enhance alternative parking locations and the conditions recommended in the report with additional conditions:-

• restricting roof plant;
• requiring treatment of the roof with seagull deterrent, and
• requiring prior approval by the planning authority of the finishing of the pend and the design of gating in the pend.

With regard to condition 11, it was agreed that local Members would be consulted on bin storage and collection details prior to approval by planning officers.

5.6
Applicant: Mr W Macqueen (13/03960/FUL) (PLS/007/14)
Location: Land 30m SE of Hillside Cottage, Daviot (Ward 20)
Nature of Development: Erection of a house
Recommendation: Refuse

Mr K Gowans was permitted to speak on this item without a vote pursuant to Standing Order 13.1.

There had been circulated Report No PLS/007/14 by the Area Planning Manager South recommending that planning permission be refused for the reasons recommended in the report.

Ms N Drummond presented the report and the recommendation.

During debate some Members sought to have the applicant’s personal circumstances taken into account and to justify departure from Policy 35 on the grounds that the proposed house was required in connection with a rural business. They advised that due to family circumstances the applicant had not been able to seek pre-application advice from the Planning Authority and they asked whether it would therefore be possible to defer the application to allow discussion between the applicant and the Planning Authority. 

Other Members noted that the proposal was contrary to Policy 35 of the Highland-wide Local Development Plan and that it was important to be consistent with policy. No information (such as an operational needs assessment) had been provided by the applicant to suggest that the application could be supported on the grounds that it was needed to support a rural business.

The Clerk advised that if Members were minded to defer determination of the application, this should not be for the purpose of allowing opportunity for discussion between the applicant and the Planning Authority but should be to allow the applicant opportunity to submit further information. If the applicant was suggesting that the house was required to support a rural business, the Housing in the Countryside policy required the applicant to submit an Operational Needs Assessment to demonstrate that the house would be necessary for the management of a rural business. Any deferral should therefore be for submission of an Operational Needs Assessment.

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

Mrs M Davidson, seconded by Mr R Balfour, then moved to defer consideration of the application for submission of an Operational Needs Assessment.

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

Motion

Mr B Clark, Mr A Duffy, Mr D Fallows, Mr J Ford, Mr J Gray, Mr D Kerr, Mr B Lobban, Mr C Macaulay, Mr F Parr, Mr T Prag, Mrs J Slater, Mr H Wood

Amendment

Mr R Balfour, Mr J Crawford, Mrs M Davidson, Mr R Laird, 

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

5.7
Applicant: P&L Turbines (13/03966/FUL) (PLS/008/14)
Location: Land 2500m NW of Balnafoich Bridge, Farr, Inverness (Ward 13)
Nature of Development: Erection of 60m high meteorological monitoring structure for temporary period of 18 months
Recommendation: Grant

There had been circulated Report No PLS/008/14 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 the recommendation.

The Committee agreed to GRANT planning permission for a temporary period of 18 months subject to the conditions recommended in the report. It was further agreed to impose an additional condition requiring the provision of bird deflectors on guy wires and also agreed that condition 4 be reworded to clarify that replanting following cessation should incorporate a mix of species to provide an attractive edge to the existing plantation.

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: Trustees of Hercules Unit Trust Ltd – CLUD-270-2002 (12/03814/CLP)
Location: Units 1A-8 at Phase 1 Inverness Retail Park, Eastfield Way, Inverness IV2 7GD
Application: Application for certificate of lawful use of specified units at Inverness Retail Park for the sale of all retail goods including food. 

The Committee NOTED the decision of the Reporter to dismiss the appeal and refuse to grant the certificate in the terms for which the application had been made.

6.2
Applicant: Mrs Heidi and Mr Steven Tweedie-Mcfarlane – PPA-270-2091 (13/00120/FUL) (PLS/035/13)
Location: Fionn Cottage, Moyness, Nairn IV12 5LA
Nature of Development: Demolish existing semi-detached bungalow and construct replacement house.

The Committee NOTED the decision of the Reporter to dismiss the appeal and refuse planning permission.

6.3
Applicant: Inverness Properties Ltd – PPA-270-2093 (11/04653/FUL) (PLS/043/13)
Location: Viewhill, Balloch, Inverness
Nature of Development: Demolition of agricultural building to redevelop for 16 residential plots plus ancillary works including upgrading and extension of U2633 road, in accordance with submitted master plan. 

The Committee NOTED the decision of the Reporter that he was minded to allow the appeal and grant planning permission subject to the conditions listed in the committee report and following the signing and registering or recording of a planning obligation under section 75 of the Town and Country Planning (Scotland) Act 1997, or some suitable alternative arrangement, covering the matters detailed in paragraph 20 of the Notice of Intention.

It was confirmed that with regard to expenses, no invoice had as yet been received from the appellant. Thereafter, the Committee NOTED the decision of the Reporter to award expenses to the appellant. 

6.4 
Applicant: Inverness Estates Ltd – PPA-270-2094 (12/04555/PIP) (PLS/039/13)
Location: Land west of Inverness Retail and Business Park, Highlander Way, Inverness
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.

The Committee NOTED the decision of the Reporter to dismiss the appeal and refuse planning permission in principle.

The meeting ended at 12.55 pm