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 26th October 2010.
Present:
Mr R Balfour
Mr I Brown
Miss J Campbell
Mr J Crawford
Mr D Fallows
Mr J Finnie
Mr J Gray
Mr D Henderson
Mr D Kerr
Ms L MacDonald
Mr S Park
Mr H Wood
Mr B Wynd
Officials in attendance:
Ms S Blease, Solicitor (Clerk)
Mr D Polson, Area Planning and Building Standards Manager
Ms N Drummond, Team Leader, Planning and Development Service
Mr A McCracken, Team Leader, Planning and Development Service
Mrs K Smart, Administrative Assistant, Chief Executive’s Office
Miss M Macleod, Senior Administrative 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, Mr A Graham and Mr J Holden.
2. Minutes
The Committee AGREED the content of the minutes of the meeting held on 14th September 2010.
3. Planning Applications to be Determined
Reports number PLI-74/10 – PLI-83/10 had been circulated by the Planning and Building Standards Manager as follows:-
Item 3.1 Gavin Strathdee, Erection of one and a half storey house and double garage at Land SW of Wester Burnside, Faebuie, Cromdale 10/03692/PIP (PLI-74-10) and
Item 3.2 Gavin Strathdee, Erection of one and a half storey house and double garage at Balmenach Neuk, Faebuie, Cromdale 10/03725/PIP (PLI-75-10)
Mr A McCracken advised that in light of the policy background to these applications he would present both applications together although members would then require to determine each application separately.
He outlined each application and the reports and explained the relevance of the Cairngorms National Park Local Plan (CNPLP), its more stringent approach to new housing in this area and the greater weight to be given to it in light of the fact that it would supersede the Badenoch and Strathspey Local Plan (BSLP) with effect from the end of October 2010.
On the basis of Policy 22 of the CNPLP, Mr McCracken’s recommendation in relation to Item 3.1 was to refuse planning permission in principle for the reason set out in the report.
In relation to Item 3.2, on the basis that the proposal was judged to comply with the Housing Groups Policy of the CNPLP, his recommendation was that planning permission in principle be granted subject to the conditions recommended in the report.
Thereafter, members debated each application in turn and determined as follows:
Item 3.1
The Committee agreed to REFUSE planning permission in principle for the reason stated in the report.
Item 3.2
Members queried the apparent contradiction in the Supplementary Planning Guidance on Housing development in rural building groups (the SPG) which accompanied the CNPLP. The SPG suggested that an extant planning permission should not be counted in assessing whether there was a rural housing group as a “group” was defined as three or more occupied dwellings. However, the SPG also required that an extant permission be included in the calculation of the one third size increase limit. In this instance, in addition to the three occupied dwellings there was an extant permission. Members queried therefore whether this extant permission did not already mean that the one third size increase limit had been reached.
Mr McCracken advised that he had already raised this contradiction in the policy with the CNPA but had not yet received a response.
The Committee then agreed to DEFER determination of the planning application for policy clarification from Cairngorms National Park Authority and directed that the application be brought back to the Committee once clarification was obtained.
Item 3.3 Strathspey Football Club, Section 42 application to undertake development without complying with conditions previously imposed at Strathspey Football Club, Heathfield Road, Grantown-on-Spey 10/03193/FUL (PLI-76-10)
At the request of Mr D Fallows the Committee agreed to DEFER determination of this application for a site visit.
Officers were also asked to obtain clarification in relation to Condition 6 on the issue of whether the health and safety requirements referred to by the Scottish Football League in relation to advertising material were that the advertisements be “permanently fixed” or that they be “securely fixed”.
Item 3.4 Barratt East Scotland, Installation of temporary unit for sales purposes and associated car parking with access off Caulfield Road at Caulfield Road/Murray Road, Resaurie, Smithton, Inverness 10/02421/FUL (PLI-77-10 (1) | PLI-77-10 (2) | PLI-77-10 (3)) and
Item 3.5 Barratt East Scotland, Erection of sign board, 2 signs and a flagpole at the the proposed temporary sales unit at Caulfield Road/Murray Road, Resaurie, Smithton, Inverness 10/02420/ADV (PLI-78-10 (1) | PLI-78-10 (2) | PLI-78-10 (3))
Mr J Gray, Chairman requested that the Committee consider Items 3.4 and 3.5 together. The Committee agreed.
Ms N Drummond then outlined the reports and recommendations for both the items. She explained that planning permission had already been granted for 64 houses on the adjacent site. The current applications were for planning permission for a sales unit, access and 4 car parking spaces and for advertisement consent for a flagpole, sign board and signs on land adjacent to the housing site. This would be a temporary sales unit. She advised that objections to the applications had been received from local residents who considered the development would cause traffic problems and increase congestion. The applications did however, comply with planning policies and TEC Services had expressed no concerns in relation to traffic issues.
During debate, members expressed concern in relation to the proposed access to the site from Caulfield Road as this access would be at the corner of a main road and at a steep incline. They questioned why the applicants had not already created an access from Rowan Grove in to the adjacent housing site as they were required to do before commencement of development on that site. Members considered the main road was already a very congested traffic route which included cyclists and pedestrian routes. They felt access to the site from Caulfield Road would create serious road safety issues and asked whether a condition could be imposed requiring that the access to the sales unit be taken from Rowan Grove instead of from Caulfield Road. They also queried whether the proposed 4 car parking spaces would be sufficient for the sales office as any on-street parking by visitors to the sales office would create further road safety issues. Members also expressed dissatisfaction that no roads officer from TEC Services was present at the meeting to answer their questions on road safety issues.
Ms N Drummond confirmed that TEC Services had been consulted on the application and in their consultation response they had expressed no concern over the proposed access to the site. The applicant had undertaken, however, that when the development of the houses on the adjacent site began, the access to the sales unit would be changed to access from Rowan Grove.
Mr D Polson advised that as the sales unit application included application for an access from Caulfield Road this access could not be altered by condition. To change the proposed access would require amendment of the application and resubmission. He advised, however, that the sales office would have limited opening hours and the volume of traffic it would generate was likely to be low.
With regard to the condition of the existing planning permission for housing on the adjacent site requiring that the access to that site be constructed from Rowan Grove prior to commencement of development on the housing site, Mr Polson advised that development had not yet commenced on that site and that any traffic to and from the site was currently for the purpose of the pre-development investigative works which were required in terms of the planning conditions and which did not themselves constitute commencement of development within the meaning of planning legislation. Legal advice confirming this had been obtained.
Mr Polson further suggested it would be competent to impose a condition on planning permission for the sales unit requiring that if the Rowan Grove access to the housing site had been constructed prior to the expiry of the proposed two-year temporary consent for the sale unit, the sales unit would be moved, within a reasonable period from completion of the Rowan Grove access, to a location within the housing site.
Members expressed the view, however, that the danger to road safety which they considered the access to the sales unit from Caulfield Road would create was unacceptable for any length of time.
Mr J Finnie, seconded by Mr B Wynd, then proposed a motion to refuse planning permission on road safety grounds. Mr Polson reminded the Committee that there had been clear advice from TEC Services that they did not consider there to be a road safety issue. The Clerk further expressed concern that if the Committee were to refuse permission on road safety grounds, when they did not have any evidence of road safety issues other than their own anecdotal evidence, they might be verging on unreasonable conduct. She suggested it might be wiser for the Committee to obtain further advice from TEC Services before the Committee took its decision.
While expressing dissatisfaction with the Clerk’s advice and with the failure of TEC Services to have sent a roads officer to the meeting so that the Committee’s questions on road safety issues could be answered, Mr J Finnie nonetheless amended his proposal to a motion to defer determination of both applications for further advice from TEC Services. Mr B Wynd asked that if the Committee did defer determination of the application the applicant also be asked to consider amending the application to show access from Rowan Grove.
The Committee then agreed to DEFER determination of both applications for further advice from TEC Services on road safety issues associated with the proposal to take access from Caulfield Road and for the applicant to be asked to consider amending the application to show the access taken from Rowan Grove.
Mr D Kerr also requested that a larger site layout plan be provided for the next Committee meeting.
The Chairman had earlier undertaken during the debate that he would raise with the Chief Executive the need to ensure that TEC Services sent representatives to the Committee’s meetings to advise on any roads issues which arose.
Item 3.6 Mr Marshall Lawrie, Erection of three houses at land west of 107 High Street, Ardersier 10/00091/PIPIN (PLI-79-10)
Ms N Drummond outlined the application and report which recommended that planning permission be granted subject to conditions. A revised layout of the site had been circulated to members at the meeting. This included a new access to the site from Clacham Road. There were no designs for the details of the housing as the application was for planning permission in principle only. Objections had been raised in relation to the density of the development and increased traffic to the area. TEC Services had been consulted and they had recommended that the access be changed to access from Clacham Road. The site was classed as a gap site and the proposed development was consistent with development plan policies.
Members expressed disappointment at the late circulation of the new site plan and raised concerns at congestion along Clacham Road which was a dangerous pinch point.
Following discussion the Committee agreed to DEFER determination of the application for discussion between the local ward members and TEC Services on the road safety concerns of the local members. It was further agreed that if these concerns were addressed and local members were then in agreement with the recommendation to grant planning in principle, permission could be granted under delegated powers. If local members’ concerns were not addressed, however, and they were not in agreement with the recommendation to grant permission, the application should be brought back to the Committee for determination.
Item 3.7 Erection of house and formation of access at Land west of Balnaspirach House, Nairn 10/01958/PIP (PLI-80-10 (1) | PLI-80-10 (2))
Prior to discussion of the application, members expressed dissatisfaction with the quality of some of the copy plans circulated with the agenda papers. These were illegible, having been copied in black and white from the original colour plans. Members also expressed dissatisfaction with officers’ failure to implement their previous request that colour copies be provided for all pre-circulated plans for all future Committees where necessary to ensure that the copy plans were legible. Officers agreed this would be investigated and the Chairman undertook to raise the matter with the Chief Executive.
Ms N Drummond then outlined the application and report which recommended that planning permission be granted subject to conditions.
In response to a query as to whether it would be appropriate to require, as a precondition of granting planning permission, that the applicant enter in to a section 75 agreement prohibiting further residential development within the curtilage of Balnaspirach House, the Clerk advised that as the Council already had statutory powers to control further residential development through the planning applications process, a section 75 agreement of this nature would not meet the test of “necessity” which had been highlighted in the most recent Circular from Scottish Government on the use of planning agreements.
Following debate, the Committee then agreed to GRANT planning permission in principle subject to the conditions recommended in the report.
Item 3.8 The Highland Council, Provision of external platform lift at Block B, The Highland Council Headquarters, Glenurquhart Road, Inverness 10/03456/FUL (PLI-81-10 (1) | PLI-81-10 (2) | PLI-81-10 (3) | PLI-81-10 (4))
The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.
Item 3.9 The Highland Council, Demolition of existing toilet block extension and reinstatement to provide new toilet facilities and accessible shower room at The Highland Council Headquarters, Glenurquhart Road, Inverness 10/03750/FUL (PLI-82-10 (1) | PLI-82-10 (2))
The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.
Item 3.10 The Highland Council, Erection of single classroom demountable unit within the playground of Glenurquhart Primary School, St Drostans, Drumnadrochit (PLI-83-10 | PLI-83-10 (2) | PLI-83-10 (3))
The Committee agreed to GRANT planning permission subject to the conditions recommended in the report.
4. Committee Meeting Dates 2011
The Clerk advised that Mr J Holden had asked that consideration be given to changing the date of the meeting scheduled for 16th August 2011 as this would fall within Council recess. The Committee was asked to consider changing that meeting to 30th August 2011. The Committee agreed to do so and accordingly AGREED the following dates for the Inverness, Nairn, Badenoch and Strathspey Planning Applications Committee in 2011:
18th January
1st March
12th April
24th May
5th July
30th August
27th September
8th November
20th December
The meeting closed at 11.30am