Highland Council INBS PAC Minutes 13 April 2010

Agenda

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 13th April 2010.

Present:

Mr R A C Balfour, Mr S Black, Mr I Brown, Ms J Campbell (Item 3.4), Mr J Crawford, Mr J Finnie, Mr A Graham, Mr J Gray, Mr D Henderson, Mr J Holden, Mr D Kerr, Mrs E McAllister (Item 3.4), Mrs L MacDonald, Mr S Park, Mr T Prag (Items 3.3, 3.5, 3.7, 3.8, 3.9), Mr H Wood, Mr B Wynd

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 Service
Mr A McCracken, Team Leader, Planning and Development Service
Mr R Patton, Principal Officer (Land), Planning and Development Service
Mrs K Smart, 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 Mrs M Davidson and Mr D Fallows.

2. Minutes

2.1 Inverness Planning Committee

There was circulated for approval the minutes of the Committee meeting held on Tuesday 2nd March 2010, the terms of which were APPROVED.

2.2 Inverness Special Planning Committee

There was circulated for approval the minutes of the additional Committee meeting held on Friday 26th March 2010, the terms of which were APPROVED.

3. Planning Applications to be Determined

Mr J Holden requested a site visit for Item 3.8. With the agreement of other members, the Chair advised that this request would be considered when that agenda item was reached.

There was circulated Report Nos. PLI-17/10 – PLI-25/10 by the Area Planning and Building Standards Manager as follows:-

Item 3. 1 Change of Use to Class 1 Retail and External Alterations, Thistle Bar, The Square, Grantown-on-Spey, 10/00010/FULBS (PLI17-10)

Mr A McCracken, Team Leader, outlined the report and recommendation that planning permission be granted subject to conditions. He advised that the application had been submitted to Committee due to the number of objections from local residents who opposed the change of use as they wanted to keep a public house in the area.

Following debate, the Committee agreed to GRANT planning permission subject to the conditions outlined in the report.

Item 3.2 Use of Land for Market Stalls, once per month, April – September for 3 Years, Open Space, The Square, Grantown-on-Spey 10/00013/FULBS (PLI 18-10)

Mr A McCracken, Team Leader, outlined the report and recommendation that planning permission be granted subject to conditions, further specifying the market stalls would sell non-food items only.

Following debate, the Committee agreed to GRANT planning permission subject to the conditions outlined within the report.

Item 3.3 Change of Use to Hot Food Takeaway (as amended), 5-6 Cradelhall Court, Inverness 09/00814/FULIN (PLI19-10)

Mr T Prag had requested, and been granted, a local member vote for this item.

Ms N Drummond, Team Leader, presented the report which recommended that planning permission be granted subject to conditions.

During debate concerns were expressed over the close proximity of the facility to residential properties, in particular the housing for the elderly and the nursing home. It was thought that the amenity of residents of these properties would be adversely affected by noise and increased traffic flow.

In response to issues raised Ms Drummond confirmed that Condition 9 stipulated the premises would have to close at 10.00pm (the same time as surrounding outlets). She advised that the site was within an area currently used for commercial purposes. A hot food takeaway would enhance and complement the existing facilities. She questioned where this type of facility was to go if considered not suitable in a recognised commercial area. Issues regarding traffic flow had been raised with TEC Services and they had no objections.

Following debate, Mr B Wynd, seconded by Mr D Kerr, MOVED that planning permission be granted subject to the conditions recommended in the report.

Mr J Crawford, seconded by Mr T Prag, moved as an AMENDMENT that planning permission be refused on the grounds that the development would be contrary to Structure Plan Policy G2 in that it was likely to give rise to noise and disturbance at unsocial hours in close proximity to existing sensitive residential uses (particularly a nursing home and amenity housing) causing significant detriment in terms of impact on residential amenity.

On a vote being taken, the MOTION received 6 votes and the AMENDMENT received 9 votes. The AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:-

Mr D Kerr
Mr I Brown
Mr J Gray
Mr B Wynd
Mrs L MacDonald
Mr S Park

For the Amendment:-

Mr H Wood
Mr A Graham
Mr J Finnie
Mr D Henderson
Mr R A C Balfour
Mr J Crawford
Mr J Holden
Mr S Black
Mr T Prag

There were no abstentions.

The Committee accordingly agreed to REFUSE planning permission for the reasons put forward in the Amendment.

Item 3.4 Temporary Change of use of School Hall to Offices, Central Primary School, Inverness 10/00012/FULIN (PLI20-10)

Ms J Campbell (who had, before the meeting, resigned from permanent membership of the committee) and Mrs E McAllister had requested and been granted a local member vote for this item.

Mr D Polson, Area Planning and Building Standards Manager, outlined the report and recommendation that planning permission be granted subject to conditions. He further clarified that this permission, if granted, would be temporary for 2 years and no structural alterations would be made to the school. Any application for renewal of permission at the end of the 2-year period would require to be brought to Committee in light of the Council’s interest in the application.

Following debate, Mr Polson provided the following further points of clarification:

The offices would be as self contained as possible and should not affect any school activities.
The staff who would be re-located to these temporary offices were existing employees who would be likely to continue to use car parking facilities located at Headquarters, Glenurquhart Road.
TEC Services and Education could meet with Local Members to review arrangements and consider any additional suggestions.

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

Item 3.5 Demolish an existing single garage and erect extensions to include an entrance vestibule and a two storey wing incorporating integral double garage and balcony feature, 11 Druid Temple Way, Inverness, IV2 6UQ 09/00871/FULIN (PLI21-10)

Mr T Prag had requested, and been granted, a local member vote for this item.

Ms N Drummond, Team Leader, outlined the report and recommendation that planning permission be granted subject to conditions.

During debate concern was expressed that the proposed extensions would be detrimental to neighbours’ amenity and incompatible with the character of Druid Temple Way in which properties were predominately bungalows. Concern was also expressed that granting planning permission would lead to further applications for this style of extension in the area and would have a knock on effect. Ms Drummond advised, however, that the development was in an appropriate location at the end of the cul-de-sac. The nearest neighbouring property was an original 2-storey house. Due account had been taken of the character of the area.

Following debate, Mr T Prag, seconded by Mr S Park, MOVED that planning permission be granted subject to the conditions recommended in the report.

Mr J Holden, seconded by Mr J Crawford, moved as an AMENDEMENT that planning permission be refused on the grounds that the proposed development would be of a size as to be detrimental to the amenity enjoyed by residents of neighbouring properties and a design incompatible with the established character of Druid Temple Way and as such would not comply with policy G2 of the Highland Structure Plan.

Mr D Kerr had been absent for part of the discussion of this item and accordingly did not participate in the vote.

On a vote being taken, the MOTION received 8 votes and the AMENDMENT received 4 votes. The MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:-

Mr H Wood
Mr D Henderson
Mr I Brown
Mr J Gray
Mrs L MacDonald
Mr S Park
Mr S Black
Mr T Prag

For the Amendment:-

Mr R A C Balfour
Mr B Wynd
Mr J Crawford
Mr J Holden

There was 1 abstention from Mr J Finnie.

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

Item 3.6 Erection of House, Cantray, Croy by Inverness 09/00778/PIPIN (PLI22-10)

Mr D Polson, Area Planning and Building Standards Manager, outlined the report which recommended that planning permission be granted. The development was contrary to the Housing in the Countryside Policy and had not been justified under any of the permitted exceptions. However, under the revised supplementary guidance produced in September 2009 the site was now considered to be an infill site within an existing housing group and was accordingly permitted under this supplementary guidance.

In response to questions from members, Mr D Polson clarified the following:

It was not considered that the development could be seen as ribbon development as it was an infill site located between two existing properties and therefore would not lead to linear extension of the housing group.
The supplementary guidance was not currently part of the development plan but was a material consideration. Eventually it would be formally adopted in to the Highland Wide Local Plan.

Members then agreed to GRANT planning permission subject to the conditions recommended in the report.

Item 3.7 Housing Development (341 Units), Land at Parks Farm, Inshes, Inverness 09/00313/FULIN (PLI23-10 | PLI23-10 Plans 1 | PLI23-10 Plans 2)

Mr T Prag had requested, and been granted, a local member vote for this Item.

Ms N Drummond, Team Leader, outlined the report and application which recommended that planning permission be granted subject to the conditions recommended in the report and the prior conclusion of a section 75 agreement to secure the relevant developer contributions in accordance with the Inshes and Milton of Leys Development Brief, the transfer of land from the applicant to the Council for the provision of the District Park and the provision of 25% affordable housing.

Mr J Crawford advised that Inverness South Community Council wished it noted that they had not had time to discuss and comment on a variation to the original application to add 4 houses. They requested that in future they be given longer notice of any material changes to applications.

Following debate, members agreed to GRANT planning permission subject to the conditions recommended in the report and the prior conclusion of a s75 agreement to secure the matters identified at paragraph 10.1 of the report.

Item 3.8 The Erection of a District Centre, including retail units, residential care home, children’s nursery, community building and associated infrastructure. Land at Milton of Leys, East of Cedarwood Drive, Inverness 09/00249/FULIN (PLI 24-10 | PLI 24-10 Plans 1 | PLI 24-10 Plans 2 | PLI 24-10 Plans 3 |

Mr T Prag had requested, and been granted, a local member vote for this item.

Ms Drummond advised that, since circulation of the report, a further letter had been received from the residents association repeating their previous concerns and objecting to the proposed housing element. She further advised, however, that the developers had, by letter received that morning, withdrawn the housing element from the application.

Mr J Holden repeated his request for a site visit.

The Committee then agreed to DEFER determination of the application pending a site visit. Mr T Prag asked that, if possible, a special meeting be convened for this visit at an early date.

Mr T Prag had requested, and been granted, a local member vote for this item.

Ms N Drummond outlined the report and recommendation that planning permission be granted subject to conditions. She explained that although the district centre and school applications were submitted as separate applications, the master plan showed how they had been designed to fit together. She further confirmed that the developers had already provided play equipment in relation to previous housing applications and it had been agreed that this be allocated to the play area which was within the school application site.

Mr D Polson asked members to note that the proposed access to the school was the access shown on the district centre application for the adjacent site and was not incorporated as part of the school application site. The school application site was therefore at the moment effectively without an access, but it was hoped that this would be resolved when the district centre application was considered after the site visit. In the meantime, there was nothing to stop members from determining the school application without the access.

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

4. Tree Preservation Orders

There was circulated Report Nos. PLI-26/10 – PLI-28/10 by the Area Planning and Building Standards Manager as follows:-

4.1 Tree Preservation Order No 102, 2009: Firthside, Albert Street, Nairn

There was circulated Report No PLI 26-10 outlining that a provisional Tree Preservation Order had been served on an area of woodland lying adjacent to the property Firthside, Albert Street, Nairn.

Concern was noted that an earlier felling licence application (thinning) covering the site had not been open to consultation with the Council. The Committee were reassured that the Forestry Commission had been contacted to avoid a similar situation happening again.

The Committee AGREED the Order as it stood.

4.2 Tree Preservation Order No 99, 2009: Corriebruach, Kinchurdy Road, Boat of Garten

There was circulated Report No PLI 27-10 outlining that a provisional Tree Preservation Order had been served on the property Corriebruach, Kinchurdy Road, Boat of Garten.

The Committee AGREED the Order subject to changing the description from ‘Area’ to ‘Woodland’.

4.3 Tree Preservation Order No 101, 2009: Davaar, Kingussie Road, Newtonmore

There was circulated Report No PLI 28-10 outlining that a provisional Tree Preservation Order had been served on the property Davaar, Kingussie Road, Newtonmore.

The Committee AGREED the Order as it stood.

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

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

Planning Appeal (09/00037/FULNA)
Nairn County Social Club, Church Street, Nairn
Appeal against the decision by the Highland Council to refuse planning permission
Appeal Dismissed

Planning Appeal (09/00552/AGRIN)
Bogbain, Drumossie, Inverness
Appeal against the decision by the Highland Council to dismiss planning permission
Appeal Allowed

Planning Appeal (09/00552/AGRIN)
Bogbain, Drumossie, Inverness
Claim for Expenses by Home Farms Ltd
Appeal Dismissed

The meeting closed at 12.20pm