Minutes of Meeting of the Inverness, Nairn, Badenoch and Strathspey Planning Applications Committee commenced at 2.00pm in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Monday 21 March 2011.
Present:
Mr R Balfour
Mr I Brown
Miss J Campbell
Mr J Crawford
Mrs M Davidson
Mr D Fallows
Mr J Finnie
Mr D Henderson
Mr A Graham
Mr J Gray (Chair)
Mr D Kerr
Mrs L Macdonald
Mr S Park
Mr B Wynd
Mr H Wood (observing only, having been unable to attend the site inspection)
Non-Members Present:
Mr D Hendry
Officials in attendance:
Mr D Polson, Area Planning and Building Standards Manager
Ms N Drummond, Team Leader, Planning and Development Service
Mr R Evans, Area Roads and Community Works Manager, TEC Services
Mr R Patton, Principal Officer (Land), Planning & Development Services
Ms S Blease, Solicitor (Clerk)
Miss M MacLeod, Business Support Officer, Chief Executive’s Office
Mr K Gordon, Acting Administrative Assistant, Chief Executive’s Office
Councillor J Gray in the Chair
Business
There were no declarations of interest.
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr S Black, Mr J Holden, Mr H Wood.
The Chair noted Mr Wood’s efforts to attend the Site Visit but unfortunately as he had been delayed he would be unable to take part in the discussions relating to these applications.
2. Minutes
The Committee AGREED the content of the minutes of the meeting held on 1 March 2011.
3. Planning Application to be Determined
Prior to considering the applications, Mr D Henderson commented that Loch Ness was an iconic location and the Committee had a duty to ensure that it was not overdeveloped. He expressed concern that although both these applications were excellent and had been submitted by well established local companies, neither application considered the cumulative impact these two developments could have on the landscape and environment and the local economy.
Mr J Finnie argued that the Committee had an obligation to consider the applications based on their individual merits.
Mr D Henderson, seconded by Mr R Balfour MOVED that both applications be deferred pending an assessment of the cumulative impact both developments would have on the visual landscape, the economy and transport in the immediate area.
Mr J Finnie, seconded by Mr D Kerr then moved as an AMENDMENT that the Committee proceed with the Agenda as set out and consider both applications on their individual merits
On a vote being taken, the MOTION to defer received 6 votes and the AMENDMENT to proceed received 9 votes. The AMENDMENT was therefore CARRIED, the votes being cast as follows:
For the Motion:
Mr R Balfour
Miss J Campbell
Mrs M Davidson
Mr A Graham
Mr J Gray
Mr D Henderson
For the Amendment:
Mr I Brown
Mr J Crawford
Mr D Fallows
Mr J Finnie
Mr D Kerr
Mr Drew Hendry
Mrs L MacDonald
Mr S Park
Mr B Wynd
There were no abstentions.
The Committee accordingly agreed to PROCEED with the Agenda, as set out, and to consider both applications on their individual merits.
There had been circulated Report Nos. PLI-15/11 – PLI-16/11 by the Area Planning and Building Standards Manager as follows:-
Item 3.1
Jacobite Cruises 10/01962/FUL (PLI-15-11 and PLI-05-11 (1) | PLI-05-11 (2) | PLI-05-11 (3) | PLI-05-11 (4) | PLI-05-11 (5) | PLI-05-11 (6) | PLI-05-11 (7)) Land west of Clansman Hotel, Loch Ness, Inverness
Mr D Hendry had requested, and been granted, a local member vote for this item pursuant to standing order 13.2.
Mrs N Drummond outlined the application and report which recommended that planning permission be granted subject to the conditions recommended in the report, and highlighted the supplementary information supplied by the applicant, which included the:
- landscaping plan;
- site sections; and
- supplementary protected species survey.
Members expressed concern regarding a number of issues relating to this application. Their comments were noted as follows:
- the proposed number of trees that would have to be removed as part of the development was significant and Members queried whether native tree species could be specified within the conditions for replacement;
- it would be important for the developers to engage with the local community to consider ways of mitigating the disruption that would inevitably ensue with the start of building works and to ensure that the community was fully aware of the timelines for works being carried out;
- road traffic safety was a major concern on this very fast stretch of road and a right hand stacking lane would be essential to minimise the risk of accidents. Members would also like to see a speed reduction in the development area;
- with the use of significant amounts of glass in the design, officers should ensure that non/low reflective glass is used to minimise the risk of sunlight glare/reflections causing a danger to road traffic users and boats. Light pollution could also affect the migration of fish in the burn beside the building;
- clear and precise road side signage would be important; and
- overdevelopment of the site was a concern and the economic impact it might have on the businesses in Drumnadrochit.
In response to Members concerns, officers commented as follows:
- the site would be subject to major engineering works but there would be opportunities for landscaping and tree planting to mitigate the tree loss. However the realistic timescale for tree growth to fully mitigate the loss would be between 10 and 15 years;
- wherever possible, native tree species could be stipulated within the conditions;
- conditions relating to restricted hours of operation were proposed and appropriate planning for the tourist season was also considered;
- Transport Scotland had undertaken a detailed assessment of the proposed development and had not stipulated the requirement for a right hand turning lane. However the applicant had subsequently decided to include one within their plans;
- conditions were already proposed to ensure the type of glazing used minimised reflection; and
- the Economic Impact Assessment indicated that the development would bring in additional visitors to the area and if facilities were diverse then competition for business would be minimised.
Mr D Fallows commented that the building design was imaginative and would add to the visual landscape of Loch Ness.
Mr D Henderson, seconded by Mr J Crawford MOVED that the Committee refuse planning permission on the grounds that the development would have
- a negative visual impact on the landscape;
- the tree loss was high;
- the harbour had an unsatisfactory configuration; and
- the ‘honeypot’ effect of the site would have a detrimental impact on the surrounding businesses.
Mr J Gray, seconded by Mr J Finnie then moved as an AMENDMENT that the Committee grant planning permission subject to the conditions recommended in the report with amendments and additional conditions (to be worded by the Planning Officer in consultation with participating Local Members) to cover the following:
- A suspensive condition requiring an off-road footpath link to the Clansman site – not to be on the Loch side and to be the subject of a separate planning application
- Condition 37 to include provision that the retaining wall details would require prior approval of the Planning Authority (local members to be consulted before approval given)
- A noise assessment to be carried out prior to construction commencing (including pile driving noise) and noise mitigation measures approved and thereafter implemented
- A time line for all construction work to be agreed with the planning service with work on the A82 being avoided in July & August
- A liaison group to be formed (Developers, Drumnadrochit Chamber of Commerce, Community Council and at least one ward member) to seek to minimise detrimental economic effect and to keep community informed re. construction timing and traffic disruption
- Condition 44 to specify non reflective glazing
- Condition 47 to specify no light spillage on to the burn
On a vote being taken, the MOTION to refuse received 4 votes and the AMENDMENT to grant received 11 votes. The AMENDMENT was therefore CARRIED, the votes being cast as follows:
For the Motion:
Mr R Balfour
Miss J Campbell
Mr J Crawford
Mr D Henderson
For the Amendment:
Mr I Brown
Mrs M Davidson
Mr D Fallows
Mr J Finnie
Mr A Graham
Mr J Gray
Mr D Kerr
Mr D Hendry
Mrs L MacDonald
Mr S Park
Mr B Wynd
There were no abstentions
The Committee accordingly agreed to GRANT planning permission subject to the conditions and amendments proposed in the Amendment.
Separately, it was agreed that the Planning service should write to the Trunk Roads authority asking them to consider the Committee’s wish that the A82 speed limit be reduced in the vicinity of the site and that road lighting be installed
Item 3.2
Mr R Bremner 10/01356/PIP (PLI-16-11) Brackla Harbour, Loch Ness
Mr D Hendry had requested, and been granted, a local member vote for this item pursuant to standing order 13.2.
Ms N Drummond outlined the application and report which recommended that planning permission in principle be granted highlighting that this would be an enhancement to the existing harbour facilities.
Members commented as follows:
- the traffic sight lines looking down the A82 towards Inverness were obscured by scrub on the corner;
- how much planting would be possible given the distance between the road and the shoreline;
- as with the previous application, it would be important for the developers to engage with the local community to consider ways of mitigating the disruption that would inevitably ensue with the start of building works and to ensure that the community was fully aware of the timelines for works being carried out; and
- road traffic safety was a major concern on this very fast stretch of road and a right hand stacking lane would be desirable to minimise the risk of accidents.
Some Members questioned the need for a right hand stacking lane when the majority of the traffic would be coming from Inverness.
Mrs M Davidson, seconded by Mr R Balfour then MOVED that the Committee grant planning permission in principle subject to the conditions recommended in the report with amendments and additional conditions (to be worded by the Planning Officer in consultation with the participating local members) to cover the following:
- A suspensive condition requiring construction of a right turn stacking lane at the access to the development from the A82
- A noise assessment to be carried out prior to construction commencing (including pile driving noise) and noise mitigation measures approved and thereafter implemented
- A time line for all construction work to be agreed with the planning service with work on the A82 being avoided in July & August
- A liaison group to be formed (Developers, Drumnadrochit Chamber of Commerce, Community Council and at least one ward member) to seek to minimise detrimental economic effect and to keep community informed about construction timing and traffic disruption
- In connection with condition 14, the applicant to demonstrate that the required sightlines could be achieved
Mr J Finnie, seconded by Mrs L MacDonald moved as an AMENDMENT that the Committee grant planning permission in principle subject to the conditions recommended in the report and the second, third, fourth and fifth additional conditions proposed in the Motion, with no requirement to construct a right turn stacking lane on the A82.
On a vote being taken, the MOTION received 6 votes and the AMENDMENT received 9 votes. The AMENDMENT was therefore CARRIED, the votes being cast as follows:
For the Motion:
Mr R Balfour
Miss J Campbell
Mrs M Davidson
Mr D Fallows
Mr A Graham
Mr S Park
For the Amendment:
Mr I Brown
Mr J Crawford
Mr J Finnie
Mr J Gray
Mr D Kerr
Mr D Hendry
Mrs L MacDonald
Mr B Wynd
There were no abstentions.
The Committee accordingly agreed to GRANT planning permission in principle subject to the conditions recommended in the report and the second, third, fourth and fifth additional conditions which had been proposed in the Motion.
The meeting closed at 4.00pm