Minutes of Meeting of the Inverness, Nairn, Badenoch and Strathspey Planning Applications Committee commenced at 10.00am in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 2 March 2010.

 

Present:


Mr R A C Balfour
Mr S Black
Ms J Campbell
Mr J Crawford
Mr D Fallows
Mr J Finnie   Mr J Gray
Mr D Henderson
Mr J Holden
Mr D Kerr (Except Items 4.2 and 4.3)
Mr H Wood
Mr B Wynd


 
Non-Members also present:


Mr P Corbett (Item 4.1)
   
 
Officials in attendance:


Ms S Blease, Solicitor (Clerk)
Mr D Polson, Area Planning and Building Standards Manager, Planning and Development Service
Ms N Drummond, Team Leader, Planning and Development
Mr A McCracken, Team Leader, Planning and Development
Miss K Armstrong, Administrative Assistant, Chief Executive’s Office
Miss E Disney, Clerical Assistant, Chief Executive’s Office

 

Councillor J Gray in the Chair


Business


1. Apologies for Absence

 

Apologies for absence were intimated on behalf of Mr I Brown, Mrs L MacDonald, Mr A S Park and Mrs E MacAllister who had been granted a Local Member Vote – Item 4.1.

 

2. Minutes of Planning Applications Committee  

 

There was circulated for approval the minutes of the Committee meeting held on 19 January 2010, the terms of which were APPROVED.

 

3. Briefing from Inverness Architects Association

 

Andrew Bruce and John Duncan were in attendance to brief Members on the recently launched Inverness Design Review Panel which would be known as PLACE.

 

Mr Bruce advised that the Panel would comprise members from various experienced professional bodies and institutions.  It would offer opinions based on a range of expertise aimed at assisting applicants and the Planning Authority.  Ideally, applicants would approach the Panel for design reviews prior to submission of applications for planning permission.  The Panel would offer constructive advice and applicants would then have the opportunity to address issues raised by the Panel before proceeding with planning applications.  The Panel’s reports would be made available to the Planning Authority where applicants so wished.

 

In response to questions, Mr Bruce confirmed the following:

  • This would be a non-statutory procedure.
  • The Panel would be looking entirely at design and landscape impact, and would not be advising applicants on other planning policies which might affect their applications.
  • There would be no charge for the Panel’s services.
  • The Panel would require a small budget for expenses and funding had been applied for.   The Council’s planning service would be providing facilities.
  • Construction materials would be considered as part of the review process.
  • The Panel’s services would initially be available only for applications within Inverness although, ideally, in time these services might be offered throughout the Highland area.

 

The Area Planning and Building Standards Manager clarified that views of the Design Review Panel would be an additional material consideration to assist the Committee in making their decision.  The Panel would have the advantage of being an outside body who could offer balanced views.  It would help to raise awareness for design issues within the region.

 

The Committee welcomed the initiative and thanked Mr Bruce and Mr Duncan for providing the briefing.

 

4. Planning Applications to be Determined

 

There was circulated Report Numbers PLI-09/10 – PLI-14/10 by the Area Planning and Building Standards Manager as follows:


 
Item 4.1 Change of Use to Self-Contained Single Person Units, 42 Telford Road, Inverness 09/00673/FULIN (PLI 09-10 (3098kb pdf))

 

Mr P Corbett had requested, and been granted, a Local Member Vote for this item.

 

The Team Leader, Ms N Drummond, presented her report and recommendation that planning permission be granted subject to the conditions set out in the report.

 

A number of members expressed concern at the inadequate number of car parking spaces proposed within the development.  Telford Road was already a congested street with parking already restricted for existing residents. There was concern that the development would intensify this problem and that it would also increase noise pollution and reduce privacy for existing residents.

 

In response, the Team Leader recognised that the proposed parking provision was less than that recommended by TECS Roads.  However, in the applicant’s experience of provision of homeless accommodation, residents were unlikely to have cars.  In addition,  the development was in a central location with excellent transport links. The development did also have a designated cycle store area.

 

A number of members expressed their support for the application due to the high demand for this type of accommodation within the City.  They considered that it would alleviate housing issues and improve the quality of life for residents. It was also noted that reducing the use of personal transport was a key aim for the Council and reducing the parking available would encourage public transport use, cycling and walking.

 

Mr D Kerr, seconded by Mr J Holden, then MOVED that planning permission be granted subject to the conditions set out in the report.

 

Ms J Campbell, seconded by Mr P Corbett then moved as an AMENDMENT that the application be refused on the grounds that the development would have unacceptable adverse negative impact on community and residential amenity a result of lack of adequate on-site parking in an already congested street.

 

On a vote being taken, the MOTION received 8 votes and the AMENDMENT received 5 votes.  The MOTION was therefore CARRIED, the votes having been cast as follows:-

 

For the Motion:-

 

Mr H Wood
Mr D Kerr
Mr J Finnie
Mr J Gray
Mr B Wynd
Mr J Holden
Mr S Black
Mr D Fallows

 

For the Amendment:-

 

Miss J Campbell
Mr D Henderson
Mr R A C Balfour
Mr J Crawford
Mr P Corbett

 

There were no abstentions.

 

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

 

Item 4.2 Change of House Types, Batten Developments Ltd. Land to West of Wardlaw Church, Kirkhill 09/00812 (PLI-10-10 (4349kb pdf))

 

The Team Leader, Ms N Drummond, presented her report and recommendation that planning permission be granted subject to the conditions set out in the report, confirming that Scottish Water had been consulted and they had not raised any concerns regarding water supply.

 

Members queried how many affordable units had been agreed in the original application and if this number had now been increased due to the addition of more houses. The Team Leader confirmed that as the application would result in a net increase of three houses, an additional affordable unit could be required and a condition added to that effect.

 

The Committee accordingly agreed to GRANT planning permission subject to the conditions recommended in the report together with an additional condition requiring provision of one additional affordable housing unit.

 

Item 4.3 Development of 6 houses by alteration of steading, Blackhills Steading, Auldearn 06/00186/OUTNA (PLI-11-10 (5475kb pdf))

 

The Team Leader, Mr A McCracken, presented his report and recommendation that planning permission be granted subject to the conditions set out in the report.

 

Members requested further clarification of Condition 7 and the provisions it contained.  They queried whether it was legal to decommission audible reversing signals and for machines to be fitted with silencers as they had believed these were required for health and safety reasons.

 

The Team Leader explained that the provisions of Condition 7 were measures to control noise pollution during construction which were recommended within British Standards.  He assumed therefore that they were legal but this would be checked.  They would apply only on the site and not on any public roads.

 

He agreed that Condition 7 should be amended to read:

 

“(7.) Prior to the commencement of development a noise mitigation plan shall be submitted to and approved by the Planning Authority. The mitigation plan shall incorporate best practice as described in BS 5228-1: 2009. The development shall be undertaken at all times in accordance with the approved mitigation plan.”

 

The Committee accordingly AGREED to grant planning permission subject to the conditions recommended in the report, with Condition 7 amended as recommended by the Team Leader.

 

Item 4.4 Upgrade/extend car parking, relocation of flagpoles, landscaping at the Highland Folk Muesum, Newtownmore 09/00252/FULBS (PLI-12-10 (3269kb pdf))

 

The Team Leader, Mr A McCracken, presented his report and recommendation that planning permission be granted subject to the conditions set out in the report. It was clarified that the application had been submitted to the Committee as the Applicant was the Highland Council.

 

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

 

Item 4.5 Planning permission in principle for the construction of a horse manège, Land at St Clair’s House, Cantray, Croy, 09/00825/PIPIN (PLI-13-10 (2791kb pdf))

 

This application had been withdrawn by the Applicant prior to the Committee Meeting.

 

Item 4.6 Change of use to restaurant/café/hot food take-away, Units 3 and 4, Granish Way, Aviemore 09/00279/FULBS and 09/00280/FULBS (PLI-14-10 (9475kb pdf))

 

The Team Leader, Mr A McCracken, presented his report and recommendation that planning permission be granted subject to the conditions set out in the report.  He clarified that the application was for the change of use of both buildings to hot food takeaway and/or restaurant use.

 

During discussion some members expressed concern for the flats above which would be subject to noise, heat and smells from the premises below and queried if conditions could be added to reduce the effect this could have. It was clarified that noise emanating from outside the building could not be controlled by condition.  Building Standards had strict guidelines on measures to minimise noise. Licensing conditions would also restrict opening hours.  Finally, it was clarified that the flats above the units were not currently occupied.  Any potential occupant would be made aware of the use of the units when they chose to live there. 

 

The Committee then agreed to GRANT planning permission subject to the conditions recommended in the report adjusted to take account of the hot food take-away use applying to both units.

 

5. Appeals to the Scottish Government Directorate for Planning and Environmental Appeals    

     

Members questioned how many of the appeals allowed by the reporter had been in respect of Committee decisions to refuse planning permission against planning officers’ recommendation.  The Area Planning and Building Standards Manager confirmed that 3 of the appeals allowed were cases in which the applications had been recommended by officers for approval.


 
The Committee NOTED the outcomes of the following Appeals, for which a decision letters had been circulated:-

  • Planning Appeal (09-184-FULIN ) Land adjacent to 29 Morningfield Drive Inverness
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal dismissed
  • Planning Appeal (09-00010-FULBS) Land to West of The Grey House, Nethybridge
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal allowed
  • Planning Appeal (07-678-FULIN) Cullachy Junction With A82, Fort Augustus – road widening
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal allowed
  • Planning Appeal (08/00293) Cullachy Junction With A82, Fort Augustus – demolition and relocation of stone wall
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal allowed
  • Planning Appeal (09-00159-OUTIN) Church at Upper Cullernie Balloch
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal allowed
  • Planning Appeal (09-00398-FULIN) Garden site, 45 Maxwell Drive, Inverness
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal Dismissed
  • Planning Appeal (08-282-OUTIN) Iola, Milton, Drum
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal allowed
  • Planning Appeal (00058-OUTNA) Site north of Elim, Moss Hall, Nairn
  • Appeal against the decision of the Highland Council to refuse Planning Permission.
    Appeal allowed

 

6. Delegated Decisions


 
The Committee NOTED that the list of delegated decisions of planning applications was available via The Highland Council website.


 
The meeting closed at 11.45am