Minutes of Meeting of the Inverness, Nairn, Badenoch and Strathspey Planning Applications and Review Committee held in the Council Chamber, The Town House, Inverness on Tuesday 10 March 2009 at 10.00am.
Present:
Provost J Gray, Mr R Balfour, Mr S Black, Mr I Brown, Miss J Campbell (not Item 3.1), Mr J Crawford, Mrs M Davidson, Mr D Fallows, Mr J Finnie, Mr D Henderson(not Item 3.1), Mr J Holden(not Item 3.1), Mr D Kerr, Ms L MacDonald (not Item 3.1), Mr S Park (not Item 3.1)
Non-Members also present:
Mr T Prag, Ms J Douglas
Officials in attendance:
Ms S Blease, Solicitor (Clerk), Mr D Polson, Area Planning and Building Standards Manager, Mr J Harbison, Principal Planner, Ms N Drummond, Planning Team Leader, Mr A McCracken, Planning Team Leader, Miss M MacLeod, Senior Administrative Assistant, Chief Executive’s Office
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr A Graham, Mr H Wood and Mr B Wynd.
2. Minutes of Planning Applications and Review Committee
The Committee APPROVED the minute of the Planning Applications and Review Committee held on 10 February 2009.
3. Planning Applications to be Determined
There had been circulated Reports Nos. PLI-013/09 – PLI-018/09 by the Area Planning and Building Standards Manager as follows:-
3.1 Erection of house for Patrick Grant and Alasdair Fraser Grant at Junction of A82 and Kilmore Road, Drumnadrochit (08/00946/OUTIN) (Report No PLI-013-09)
The Committee on 10 February 2008 had deferred consideration of the following application pending a site inspection. In this connection there had been re-circulated Report No PLI-013/09 by the Area Planning and Building Standards Manager. Having inspected the site earlier in the day, the Committee re-convened in the Council Chamber for detailed consideration of the applications.
Miss J Campbell, Mr D Henderson, Mr J Holden, Mrs L Macdonald had not been present at the site inspection and therefore did not take part in the discussion or decision of this application.
Ms Drummond summarised the report noting the amendment to the application from the erection of 2 houses to 1 house on the site, in response to concerns from the Community Council.
Local Member, Mrs M Davidson commented that
- the Community Council concerns over the loss of the footpath through the woods was reflective of the views of the majority of village; and
- the site was of strategic importance in the long term plans for the village as proposed in the document “Drumnadrochit Futures: A Vision and Actions 2030”
In response, Members in support of the application commented that:
- the footpath through the woods had been created as a shortcut on private land when there was an adequate public footbath around the perimeter of the site;
- “Drumnadrochit Futures” had no legal status as a material planning consideration
Following further discussion, Mr J Crawford, seconded by Mr R Balfour, MOVED that planning permission be granted subject to the conditions listed in the report.
Mrs M Davidson, seconded by Mr J Finnie, moved as an AMENDMENT that the planning permission be granted subject to the addition of the following conditions:
i. That the house location be pegged out on site and agreed with the
Planning Authority in advance;
ii. That the house size and the materials used be in keeping with the existing
properties in the street (white harl and dark roof) and be agreed with the
Planning Authority in advance;
iii. That a drystone dyke is installed at the front of the house, in keeping with
boundary wall of the existing adjacent properties, and
iv. That the site be surveyed for possible archeological features (standard ARC
1 condition to apply).
The Chair reminded Members that only those present at the site visit were eligible to vote this item.
On a vote being taken by roll call the MOTION received 2 votes and the AMENDMENT received 7 votes. The AMENDMENT was therefore carried, the votes having been cast as follows:-
For the Motion:
- Mr R Balfour
- Mr J Crawford
For the Amendment:
- Provost J Gray
- Mr S Black
- Mr I Brown
- Mrs M Davidson
- Mr D Fallows
- Mr J Finnie
- Mr D Kerr
3.2 Set aside condition 2b of planning approval BS/1994/26 restricting the use of Achnagonalin Industrial Estate (09/00007/FULBS) (Report No PLI-014-09)
As clients of the applicant, Mr S Black and Mrs L MacDonald declared a non-financial interest in this application but, having regard to the Code of Conduct, considered their interest was not such as to prevent their participation in determination of the application.
Mr A McCracken summarised his report and recommended that the application be refused as given the strategic nature of the site the applicant had not made a strong enough case to show that it was a business appropriate to a strategic Industrial Estate.
Members in support of the application stated that;
- the current surgery in the centre of Grantown on Spey had totally inadequate parking facilities;
- the applicant has a substantial number of clients from the rural communities of Badenoch and Strathspey, Morayshire and Banffshire who would bring animals, eg sheep, to the surgery; and
- a business site, with space around the surgery, was appropriate for this type of client
Mr S Black, MOVED that the application be approved on the grounds that the development would be well accommodated on this site and would perform a strategic function in the locality.
The Committee thereafter GRANTED planning permission.
3.3 Erection of 16 houses for Neacreath Ltd at Distillery Wood, Tomatin 08/00547/FULIN (PLI-15/09)
This application was subject to a formal Hearing. However, following presentations and discussion it was established that the Community Council had received only 3 days notice of the Hearing. In light of the risk of prejudice to the Community Council’s ability to present their case as a result of this short notice, the Committee agreed to DEFER this application to a future meeting to;
i. allow a site visit to take place; and
ii. give the Community Council adequate time to prepare for the Hearing.
3.4 Erection of 22 Lodges and Manager’s House for Loch Ness Lodges Ltd at Polmaily Farm, Drumnadrochit 08/00884/FULIN (PLI-015-09)
Ms N Drummond summarised the report commenting that the Committee had previously deferred this application to allow time for further consultation between the applicants and the community and providing the applicants the opportunity to alleviate some of the community concerns.
Following this further consultation the Community Council had withdrawn all previous objections to the development.
The Local Member, Mrs M Davidson welcomed the extensive consultation carried out by the applicant which had resolved the previous objections.
Mrs Davidson voiced concerns, however, about the cumulative effect of holiday chalet developments in the area, particularly in the Glenurquhart area. There were two other applications for chalet developments in the area, with a total of 50 chalets. She felt the community was poorly served by the Tourism policy in the Development plan which was too open. It needed to be better tuned to prevent excessive cumulative tourist developments in such pressured areas.
Members commented that applications could only be considered on individual merits and that the applicant, in this case, had satisfactorily addressed all Community concerns.
The Committee AGREED to grant detailed planning permission subject to conditions as detailed in the report.
3.5 Erection of a house for Mr Robert Gregory, East of Chairein Lodge, Cannich 08/00522/FULIN (PLI-017-09)
The Committee AGREED to grant detailed planning permission subject to conditions as detailed in the report.
3.6 Erection of stable block & store for Fairways Leisure Group Ltd on land 70m northeast of Fairways Driving Range, Sir Walter Scott Drive, Inverness 09/00030/FULIN (PLI-018-09)
The Committee AGREED to grant detailed planning permission subject to conditions as detailed in the report.
4. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals
The Committee NOTED the update on Appeals, as listed below.
i. Planning Appeal (08/00608/OUTIN)- 4 Broallan, Beauly
- Appeal against the decision of the Highland Council to refuse Planning Permission. To be dealt with by Written submission.
ii. Planning Appeal (06/01085/OUTIN)- Erection of 8 houses, Pinewood,
Nairnside
- Appeal against the decision of the Highland Council to refuse Planning Permission. Appeal Withdrawn
iii. Planning Appeal (07/00827/OUTIN)- Erection of 2 houses, Pinewood,
Nairnside
- Appeal against the decision of the Highland Council to refuse Planning Permission. Appeal Withdrawn
iv. Planning Appeal (07/01022/OUTIN) – Erection of 26 Houses at Site A,
Achnagairn, Kirkhill
- Appeal against the decision of the Highland Council to refuse Planning Permission. Appeal dismissed
5. Delegated Decisions
The Committee NOTED that the list of delegated decisions of planning applications was available via The Highland Council Website.
The meeting ended at 1.30pm