Committees
Minute of the Meeting of the Ross, Skye and Lochaber Planning Applications and Review Committee held in the Council Chamber, Tigh na Sgire, Park Lane, Portree on Tuesday 5th February 2008 at 10.30 am.
Committee Members Present
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr William Clark
Dr Michael Foxley (via video conference)
Mr Eddie Hunter
Mr Hamish Fraser
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Audrey Sinclair (with the exception of items 6.4, 6.5 and 6.6)
Non-Members also present:
Mr Brian Murphy (via video conference) (Item 6.4)
Mr Bren Gormley (Item 6.4)
Mr Allan Henderson (Items 6.4 and 6.5)
Officials in attendance:
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Alaisdair Mackenzie, Area Solicitor
Mrs Julie Ferguson, Team Leader
Mr Vic Hawthorne, Team Leader
Mr Colin Wishart, Senior Planner
Mr Gordon MacDonald, Principal Technician, TECS
Mr Steven Grant, Principal Technician, TECS
Mr David Chisholm in the Chair
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr Peter Cairns.
2. Confirmation of Minutes
2.1 There had been circulated for confirmation the Minute of the Meeting of
the Committee held on 15th January 2008.
The Minute was held as read and APPROVED.
3. Appeals
3.1 Applicant: Mr Iain MacGregor (Application Reference No
05/00882/OUTRC)
Location: Land to South East of Ardival Farm, Strathpeffer
Nature of Development: Erection of House (Outline)
The Committee NOTED that an appeal against refusal of planning permission had been allowed by the Reporter.
3.2 Applicant: Mr Farquhar MacLennan (Application Reference No
06/00503/FULSL)
Location: Croft 2, West Suishnish, Isle of Raasay
Nature of Development: Erection of House
The Committee NOTED that an appeal against refusal of planning permission had been allowed by the Reporter.
3.3 Applicant: Mr G Knox (Application Reference No
07/00008/FULLO)
Location: Land at Blar A, Chaorainn, Lundavra, Fort William
Nature of Development: Erection of Tearoom, 3 Holiday Units, Bunkhouse, Staff House, Toilets and Parking
The Committee NOTED that an appeal against refusal of planning permission had been allowed by the Reporter.
3.4 ApplicantMr Michael Moir and Mrs Katie MacLean
Location: Land at 7 Balvaird, Muir of Ord
Nature of Development: Erection of House and Garage (Outline)
The Committee NOTED that an appeal against refusal of planning permission had been dismissed by the Reporter.
3.5 Applicant: Ann Rodger (Application Reference No
07/00150/OUTSL)
Location: Land at 2 Carbost, Skeabost Bridge
Nature of Development: Erection of House (Outline)
The Committee NOTED that an appeal against refusal of planning permission had been dismissed by the Reporter.
3.6 Applicant: George and Laura Ingall (Application Reference No
07/000165/FULSL)
Location: Land at 1 and 2 Carigleadh, By Portree
Nature of Development: Erection of House
The Committee NOTED that an appeal against refusal of planning permission had been dismissed by the Reporter.
3.7 Applicant: Pencon Productions Ltd (Application Reference No
07/00340/FULRC)
Location: Former Filling Station Site, High Street, Avoch
Nature of Development: Erection of Café (Detail) (Resubmission)
The Committee NOTED that an appeal against refusal of planning permission had been dismissed by the Reporter.
Following discussion, the Committee AGREED to request that:
1. the Area Planning and Building Standards Manager notify relevant local
members of the Committee of forthcoming appeal site inspections; and
2. where an appeal has been determined by written submissions the Area
Planning and Building Standards Manager e-mail the Reporter’s decision
to all Committee members.
4. Delegated Powers
The Committee AGREED to NOTE:
1. the List of Delegated Decisions on Planning Applications available on the
Members’ Bulletin and via The Highland Council website; and
2. that the newly agreed procedure for notifying members of decisions
which it was proposed be refused under delegated powers in order that
their views on whether an application should be referred to Committee
had not been used to date as there had been no such proposals but
that it would be used.
5. Matters Arising
Councillor Isobel McCallum took no part in determining item 5.1 following as she had not been present at the Hearing.
5.1 Applicant: Scottish Canoe Association (Application Reference No
06/00209/FULLO)
Location: Site in River Leven, Riverside Road, Kinlochleven
Nature of Development: Improvements to Canoe Facilities, Formation of Wall Within the River Leven
There had been circulated Report No. PLR-011-08 by the Area Planning and Building Standards Manager recommending the grant of Planning Permission, following an earlier Hearing, subject to the following conditions:-
1. Unless otherwise first agreed in writing by the Planning Authority, the
development shall be completed in strict accordance with “amended plan 2
of 3 and 3 of 3 received on 29th March 2007” attached hereto, the details
of which accord with the recommendations of JBA Consulting “Hydraulic
Model and FRA for Kinlochleven Playwave Project – Final Report” dated
March 2007.
Reason: To ensure the development integrates satisfactorily with its
landscape setting and to ensure environmental impacts arising from the
development hereby approved are effectively controlled.
2. Notwithstanding the details shown in “plan 1 of 3 received on 17th May
2006” attached hereto, no alterations whatsoever to the existing grassed
riverbank platform immediately east of the road bridge crossing the River
Leven, are hereby authorised, these proposals having been omitted from
the application by the applicant’s letter received on 29th March 2007.
Reason: For clarification of the development hereby approved.
The Committee AGREED the recommendation subject to it being restricted
to a 10 year temporary consent with the wall removed thereafter unless
otherwise agreed in writing by the Planning Authority.
6. Applications
6.1 Applicant: Mr A Gordon (Application Reference No
07/00347/OUTSL)
Location: Land to East of 9A Kildonan, Edinbane, Isle of Skye
Nature of Development: Erection of House (Outline)
There had been circulated Report No. PLR-012-08 by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the completion of a Section 75 Agreement restricting the use of the building to holiday use and tying it to No 9B Kildonan, subject to the following conditions:-
1. A further application shall be made to the Planning Authority within three
years of the date of the permission for the approval of reserved matters
and no works shall be commenced on any part of the site until the
permission of the Planning Authority has been granted in writing for such
proposals. Reserved matters shall include the siting, design and external
appearance of all buildings, the means of access thereto, proposals for
landscaping, drainage arrangements and the design and appearance of
boundary enclosures.
Reason: The application is in outline only and no such details were
submitted.
2. Any details pursuant to Condition 1 above should show a house of
traditional/blackhouse/longhouse design in form and finish and which shall
incorporate the following, unless otherwise agreed in writing with the
Planning Authority:
· The building shall be rectangular in shape and gabled with a footprint
not exceeding 12 x 5.5 metres, with traditional chimney detailing.
· The building shall be single storey.
· The roof shall be symmetrically pitched at least 37 degrees and finished
either in natural slate, thatch or an evode roof finish.
· On-site parking and turning will be provided within the site for two cars.
· The building shows a traditional pattern of fenestration and door
openings.
Any details pursuant to Condition 1 above shall show full details of existing
and proposed site levels. Such details shall include cross-sectional drawings
through the site to show existing ground levels and finished floor levels.
Reason: In the interests of visual and residential amenity.
3. Any details pursuant to Condition 1 above shall show full details of all
boundary treatments including plans indicating the positions, design,
materials and type of boundary treatments to be erected. Prior to the first
occupation of the house hereby approved the boundary treatments shall be
erected in accordance with the approved details unless otherwise first
agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity.
4. Any details pursuant to Condition 1 above shall show full details of surface
and foul water drainage, including accurate plans of the proposed raised
soakaway. The drainage system shall be installed in accordance with the
approved details unless otherwise first agreed in writing by the Planning
Authority.
Reason: In the interests of prevention of pollution and visual amenity.
5. Notwithstanding the provisions of Classes 1, 2 and 3 of Schedule 1 to the
Town and Country Planning (General Permitted Development) (Scotland)
Order 1992 as amended, or any Order revoking and re-enacting that Order,
with or without modification, the express approval of the Planning Authority
for all extensions and enlargement of the building, alterations to the roof,
the erection within the curtilage of outbuildings or ancillary structures or
enclosures.
Reason: In order to allow the Planning Authority to retain effective
control over the development of the site and in the interests of amenity.
6. Prior to the commencement of development, details of improvements to
the access, including the provision of two additional places and adequate
stone resurfacing shall be submitted to and approved in writing by the
Planning Authority.
Reason: In the interests of road safety and the convenience of users of
the private access track.
Should a Section 75 Agreement not be concluded within 4 months of the date of this committee meeting, it is recommended that planning permission be refused for the following reason:
A house at this location would not be reflective of the widely dispersed settlement pattern that is characteristic of the locality. Without the conclusion of a Section 75 Agreement to secure the building’s use as a holiday let and binding it to No 9B Kildonan, a house at this location would not be reflective of the existing widely dispersed settlement pattern that is characteristic of the locality. The application would therefore fail to accord with the Highland Council’s policies for Housing in the Countryside.
Note to Applicant
Please note that this approval is only for planning permission and does not grant consent from Scottish Water to connect to the public water supply.
The Committee AGREED the recommendation subject to the Section 75 Agreement being at the Applicants’ expense.
6.2 Applicant: Mr and Mrs Dalley (Application Reference No
07/00417/OUTLO)
Location: Old Pines Hotel, Spean Bridge
Nature of Development: Erection of Three Chalets
There had been circulated Report No. PLR-013-08 (250kb) by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Standard outline.
2. The chalets hereby approved shall be used as holiday accommodation,
operated by the owners/operators of the adjacent hotel known as The Old
Pines, Spean Bridge and shall not be occupied by any one family, individual
or group for more than three months in any one calendar year unless
otherwise first agreed in writing by the Planning Authority. For the
avoidance of doubt the chalets shall not be used as a permanent
dwellinghouses.
Reason: In accordance with the use as holiday accommodation as by
reason of their siting, lack of curtilage and close proximity to the hotel, the
properties would be unsuitable for permanent residential accommodation.
3. The operator of the chalets shall maintain a register of guests, including the
name, address, date of arrival and date of departure of those persons
staying at the holiday letting units. This guest register shall be submitted to
the Planning Authority on or within the two weeks before the 31st January
of each calendar year, for inspection.
Reason: In order to provide an effective means of monitoring the
occupation of the approved holiday chalets.
4. Any details pursuant to Condition 1 above shall show full details of the
methods to be used to engineer the access over the watercourse. These
details shall show a bridging structure unless otherwise agreed with the
Planning Authority in consultation with the Scottish Environment Protection
Agency. Thereafter the works shall be fully undertaken in accordance with
the approved details.
Reason: In the interests of environmental protection and to protect
against localised flooding.
5. Any details pursuant to Condition 1 above shall show full details of a
landscaping scheme along the northern and eastern boundary of the site.
Such details shall include mixed native planting and shall exclude the
extension of the existing bund as shown on the approved site plan. The
landscaping scheme shall show full details of the location, age and species of
each individual tree and a schedule of implementation and maintenance.
Thereafter the works shall be fully implemented in accordance with the
approved details.
Reason: In the interests of visual amenity.
6. Any details pursuant to Condition 1 above shall show full details of the route
and construction of the access track serving the approved chalets. Such
details shall be designed in consultation with Scottish Natural Heritage and
shall minimise the effect on the important mound features designated by
the Parallel Roads of Lochaber Site of Special Scientific Interest. Thereafter
the access track shall be fully formed in accordance with the approved
details prior to the first occupation of the first chalet.
Reason: In order to protect the important features of the Parallel Roads of
Lochaber Site of Special Scientific Interest.
7. Any details pursuant to Condition 1 above shall show full details of the
design and finish of the approved chalets. Such details shall include the
chalets restricted to single storey in height and shall be finished in a dark
recessive colour.
Reason: In the interests of visual amenity.
8. Any details pursuant to Condition 1 above shall show full details of the foul
drainage arrangements to serve the approved chalets. Such details shall
show a communal biological treatment plant discharging to a mound
soakaway, unless otherwise agreed by the Planning Authority in
consultation with the Scottish Environment Protection Agency.
Reason: In the interests of public health and environment protection.
The Committee AGREED the recommendation.
6.3 Applicant: Mr and Mrs Steve Watson (Application Reference No
07/00447/FULSL)
Location: Land at 76 Aird Bernisdale, Skeabost Bridge
Nature of Development: Erection of House
There had been circulated Report No. PLR-014-08 by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the commencement of any development a fully detailed
landscaping scheme shall be submitted which will specify the scheme of
maintenance and shall require the prior written approval of the planning
authority. All planting thereby approved shall be undertaken in the first
planting season following occupation of the development and shall be
maintained thereafter in accordance with the approved details. Any plants
which, within a period of five years from the completion of development
die, are removed, or become seriously damaged or diseased, shall be
replaced with a similar size and species within the first planting or seeding
season following thereafter.
Reason: In the interests of visual amenity and to help integrate the
proposal into the surrounding landscape.
2. Prior to the commencement of any development the access from the
public road shall be fully constructed to base course level in accordance
with the attached Standard Access Specification. The access shall be fully
completed in accordance with that specification prior to the initial
occupation of the house hereby approved.
Reason: In the interests of road safety.
3. Prior to the commencement of any development, details of improvements
to the access, including sections along and across it, positive drainage
arrangements, the provision of a 300mm diameter road side ditch culvert
and headwalls, the provision of an adequate turning and parking area for
delivery and construction vehicles shall be submitted to and approved in
writing by the Planning Authority. Thereafter and prior to the occupation
of the development, the access shall be constructed in accordance with
the attached roads schedule.
Reason: In the interests of road safety.
Note to Applicant
The developer should obtain consent from Transport, Environmental and Community Services (Roads) for a Permit in accordance with Section 109 of the new Roads and Street Works Act 1991.
The applicants’ attention is drawn to the comments contained within the TECS (Roads) Consultation response dated 21/11/2007, a copy of which is attached.
Please note that this approval is only for planning permission and does not grant consent from Scottish Water to connect to the public water supply.
The Committee AGREED the recommendation.
Mr David Chisholm declared a financial interest in Item 6.4 following as he was a member of Waterwatch and left the meeting while the item was being determined.
6.4 Applicant: Scottish Water (Application Reference No
07/00480/FULLO)
Location: Land at North Ballachulish Waste Water Treatment Works
Nature of Development: Re-profiling of land and installation of 6 septic tanks and associated development
There had been circulated Report No. PLR-015-08 by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the commencement of development, arrangements for an
archaeological watching brief to be carried out on site clearance and
excavation works, in accordance with the attached specification, shall be
submitted to and approved in writing by the Planning Authority. No site
clearance or excavation works shall take place until that approval has been
given and all such works shall thereafter be implemented in accordance with
the approved arrangements.
Reason : To protect the archaeological interest of the site.
2. Prior to the first operation of the extended Waste Water Treatment Works
hereby approved the re-profiled land, walkways, the bunds and the land
over the underground tanks shall be grassed over, as shown on approved
drawing no. 5000062366-WW-DRA-04002220-03 and thereafter be
maintained as grass in perpetuity.
Reason: In the interests of visual amenity in order to minimise the impact
on the National Scenic Area and the nearby Scheduled Ancient Monument.
3. Prior to the commencement of any works on site a landscaping scheme
shall be submitted to and approved in writing by the Planning Authority.
Such details shall show native planting around the perimeter of the site and
shall include the location, age and species of each individual tree, together
with a schedule of implementation and maintenance. Thereafter the site
landscaping shall be fully undertaken and maintained in accordance with the
approved details.
Reason: In the interests of visual amenity in order further integrate the
proposal into its landscape setting.
4. The lids of the septic tanks hereby approved shall be finished in a dark
recessive green colour unless otherwise first agreed in writing by the
Planning Authority.
Reason: In the interests of visual amenity in order to minimise the impact
on the National Scenic Area and the nearby Scheduled Ancient Monument.
5. Prior to the commencement of any works on site an odour management
plan shall be submitted to and approved in writing by the Planning Authority
in consultation with the Council’s Environmental Health Officer. Thereafter
the Waste Water Treatment Works shall be operated in accordance with
the approved plan.
Reason: In the interests of amenity.
The Committee AGREED:
1. to defer consideration of the application to a Site Hearing to be held after
the next meeting of the Committee on 4th March 2008 at a time to be
determined; and
2. to invite the Applicant to submit details of their alternative sites 2, 3 and 4;
and
3. to invite SEPA and Historic Scotland to attend.
6.5 Applicant: Community Schools (Highland) Ltd (Application
Reference No 07/00528/FULLO)
Location: Spean Bridge Primary School, Spean Bridge
Nature of Development: Extension to School
There had been circulated Report No. PLR-016-08 by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the commencement of any works on site a Travel Plan shall be
submitted to and approved in writing by the Planning Authority in
consultation with the Area Roads Manager. Thereafter the approved travel
arrangements shall be fully implemented and retained in perpetuity unless
otherwise first agreed in writing by the Planning Authority.
Reason: In the interests of road and pedestrian safety and to reduce
individual car journeys, in accordance with Scottish Planning Policy 17.
2. Prior to the commencement of any works on site full details of the
site/contractors compound within the grounds of Spean Bridge School shall
be submitted to and approved in writing by the Planning Authority.
Thereafter the site shall be operated in accordance with the approved
details unless otherwise first agreed in writing by the Planning Authority.
Reason: In the interests of public safety and visual amenity.
Following discussion, Councillor Bill Clark, seconded by Councillor Edward Hunter MOVED that the application be deferred to enable officials to submit extended drawings taking into account the substantial future increase in the Spean Bridge school roll.
The Area Planning Manager and the Area Solicitor advised that the reasons for the deferral were not valid planning reasons. The Area Solicitor advised that should members decide to vote on the motion that they did so on that basis. This was reinforced by the Chairman.
As an amendment, Councillor David Chisholm, seconded by Councillor Isobel McCallum MOVED that the recommendation be approved.
On a vote being taken, votes were cast as follows:
For the Motion
Mr Billy Barclay
Mr Donald Cameron
Mr Bill Clark
Mr Michael Foxley
Mr Hamish Fraser
Mr Edward Hunter
Mr Allan Henderson
For the Amendment
Mrs Isabelle Campbell
Mr David Chisholm
Mrs Isobel McCallum
Mr Ian Renwick
There being seven votes for the MOTION and four votes for the AMENDMENT the motion became the finding of the meeting.
6.6 Applicant: Rev Theresa Love-Lee and Mr David Easson
(Application Reference No 07/00569/FULLO)
Location: Land to South of Torr an Eas, Glenfinnan
Nature of Development: Erection of House
There had been circulated Report No. PLR-017-08 by the Area Planning and Building Standards Manager recommending the refusal of Planning Permission for the following reasons:-
1. The proposed development demonstrates poor design by virtue of the roof
pitch, roof finish and wall finish, out of keeping with the character of
established development adjacent to the site, contrary to the provisions of
Scottish Planning Policies SPP1 The Planning System, SPP3 Planning for
Housing, Planning Advice Notes PAN67 Housing Quality and PAN72 Housing
in the Countryside.
2. The proposed development demonstrates poor design by virtue of the roof
pitch, roof finish and wall finish, out of keeping with the character of
established development adjacent to the site, contrary to the provisions of
Highland Structure Plan March 2001 policies G2 and H3.
3. The proposed development demonstrates poor design by virtue of the roof
pitch, roof finish and wall finish, out of keeping with the character of
established development adjacent to the site, contrary to the provisions of
Lochaber Local Plan February 1999 policies 3.2.6 and 7.7.5.
4. The development if approved, would undermine adopted planning policy
and establish a precedent whereby poorly designed housing that gives no
regard to its proposed setting would become difficult to resist, to the
detriment of character of established settlements.
5. Insufficient material considerations have been identified to justify a
departure from adopted policy or to counteract the precedent the
development would establish.
Following discussion, Councillor Bill Clark, seconded by Councillor Allan Henderson MOVED that planning permission be granted subject to: the roof pitch being increased to 22 degrees, the submission of a detailed landscaping plan and other conditions as agreed by the Area Planning and Building Standards Manager.
Reason: That the proposal would blend into the landscape and with the proposed conditions it would not be unduly intrusive.
As an AMENDMENT, Councillor David Chisholm, seconded by Councillor Isobel McCallum moved that the recommendation be approved.
On a vote being taken, votes were cast as follows:
For the Motion:-
Mr Bill Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr Bill Clark
Mr Hamish Fraser
Mr Edward Hunter
Mr Ian Renwick
Mr Allan Henderson
For the Amendment:-
Mr David Chisholm
Mr Michael Foxley
Mrs Isobel McCallum
There being eight votes for the MOTION and three votes for the AMENDMENT the MOTION became the finding of the meeting.
Mr Dafydd Jones declared a non financial interest in Item 6.7 following as he was a neighbour of the development and left the meeting while the application was being determined.
6.7 Applicant: Mr Angus MacLean (Application Reference No
07/00777/FULRC)
Location: Land to East of Balloan Road and South of Ord Road, Marybank
Nature of Development: Formation of Twenty Seven House Plots, Associated Landscaping, Services and Roads (Detail)(Resubmission)
There had been circulated Report No. PLR-018-08 by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. All surface water drainage shall comply with the principles of Sustainable
Urban Drainage Systems and shall incorporate measures to intercept surface
and ground water drainage run off from outwith the site. No work shall
commence on site until a Drainage/Flood Prevention Strategy has been
agreed in writing following discussions with the Roads Authority and the
approved scheme shall be implemented to the full satisfaction of the
Planning Authority, in consultation with the Roads Authority and SEPA, prior
to any other work commencing on site.
Reason: To reduce the risk of flooding and improve water quality.
2. No work shall commence on site until the applicant has demonstrated
evidence of a formal agreement with Scottish Water to service the
development in respect of foul drainage, to the written satisfaction of the
Planning Authority.
Reason: To ensure that the site is adequately drained, in the interests of
public health.
3. All existing water mains/connections and surface/ground water drains
located within the site shall be diverted to the satisfaction of Scottish
Water and the Roads Authority.
Reason: In the interests of public health and to reduce the risk of
flooding.
4. Before any development commences on site a road construction consent
and road bond shall be required. Visibility splays of 4.5 meters x 90 metres
shall be provided onto the A832 and the internal access road shall be
provided to the Guideline Standards of the Roads Authority, incorporating
full sized turning areas. The internal access roads shall be 5.5m wide and
kerbed and two parking spaces shall be provided per property with all
driveways being hard surfaced for at least the first 6 metres from the edge
of the road. Footpaths shall be provided either side of the main internal
access road up to the A832 with suitable dropped kerb crossing points
across the junction. No surface or ground water shall be permitted to enter
the public road from the site. The detail of a banjo type turning
head/roundabout with accesses and indeed a through road in the vicinity of
plots 20,21,22, and 257 is not acceptable and a redesign of this detail is
required to the satisfaction of the Roads Authority.
Reason: In the interests of road safety.
5. During construction, the developer shall provide measures to prevent mud
and debris being taken out onto the public road or provide suitable
arrangements for sweeping the public road on a regular basis to the
satisfaction of the Roads Authority.
Reason: In the interests of road safety.
6. Traffic calming shall be provided on the A832 on the approach into the
village, comprising countdown signs and rumble strips, to a specification to
be agreed in writing with the Roads Authority, at the developer’s expense
before the first house is occupied.
Reason: In the interests of road traffic safety.
7. The development shall be undertaken in accordance with the phasing plan
hereby approved. Any variation of the phasing shall require the prior
written approval of the Planning Authority. No house shall be occupied
within either phase until such time as the roadways and footpaths are
completed to base course level and street lighting is installed and
operational.
Reason: To ensure the proper development of the site.
8. Seven houses shall be provided as affordable units (3 in phase 1 and 4 in
phase 2). No development shall commence on site until the developer has
entered into a design and build contract with a social housing provider or
equivalent to deliver the affordable residential units within Communities
Scotland benchmark costs and built to Communities Scotland Housing for
Variable Needs standards. The detailed nature of the affordable housing
provision must be agreed with the Planning Authority in consultation with
Housing Services prior to development commencing on any phase.
Reason: In the interests of securing compliance with the Council’s
Affordable Housing policy as contained in the Development Plan.
9. Operations for which noise is audible at the boundary of any residential
property may only be carried out between 0800 hours – 1800 hours
Monday to Friday; 0800 hours – 1300 hours on Saturdays; and not at all on
Sundays, unless prior written consent is obtained from the Planning
Authority.
Reason: In order to reduce the risk of noise nuisance in the interests of
residential amenity.
10. A further application shall be submitted to the local Planning Authority for
the siting and design of the house on each site, together with the
requisite detailed plans to include:
a) Plans, sections and elevations of the proposed building, and colour
and type of materials to be used externally on walls and roof;
b) Detailed layout of the site as a whole, site levels existing and
proposed, including provision for car parking, details of accesses and
details of all fences, walls and hedges;
c) Landscaping proposals including proposed tree and shrub planting to
be carried out.
d) Cross sections through the site showing existing and proposed
ground levels, relating to fixed and identifiable ground levels outwith
the site, including the public road. The houses shall be set down
within the site to reduce their prominence at a level consistent with
providing satisfactory access gradients. Finished floor levels shall be
specified for each house relative to existing ground levels outwith
and adjacent to the plot
These are Reserved Matters to this application and no work on any
individual site shall commence until the written approval of the Highland
Council, as Planning Authority has been given.
Reason: No such details have been provided for the proposed houses.
11. The proposed houses shall be single storey only adjacent to existing
houses or one and a half storeys in height, complimenting the design and
materials of the traditional houses in the area, including dark grey roofs.
They shall be designed and laid out to conserve the privacy of existing
properties as far as possible.
Reason: In the interests of amenity.
12. Prior to commencement of development, a detailed landscaping plan shall
be submitted for approval specifying the quantity, position, size, species
and protection measures (tree shelters, stakes and ties) of all trees/shrubs
to be planted together with an indication of how they integrate with the
proposal in the long term. A maintenance programme must be submitted
for approval specifying weed control; adjustment/replacement of shelters,
stakes and ties; formative pruning; replacement of failures and maintenance
in perpetuity to the satisfaction of the Planning Authority. Peripheral
planting shall be carried out either prior to commencement of development
or during the first year from commencement with all internal landscaping
being completed in the first year following completion of the last house in
each phase. All trees are to be retained and any which die, are removed
or become diseased within the first five years are to be replaced with trees
of a similar size and species within the next planting season (unless
otherwise agreed by the Planning Authority).
Reason: In the interests of amenity.
13. A building reservation not encroaching onto the root protection area of
the trees (protected by a TPO) to the east of the detention basin whilst
no development shall take place within the falling distance of the mature
sitka spruce located to the west of the site unless permission is obtained to
remove these trees, both distances shall be established by survey and
approved in writing by the Planning Authority. Herras fencing shall be
erected around these exclusion areas and inspected and confirmed as
satisfactory in writing by the Forestry Officer before any other work
commences on site.
Reason: In the interests of amenity.
14. The Design Brief shall be amended in discussion with the Planning Service
and approved in writing and thereafter all development shall comply with
the terms of the Development Brief.
Reason: In the interests of amenity.
15. The layout shall be amended to provide separation distances of at least 18
metres between the existing and the proposed houses on plots 18, 19,
20, 21, 22, 23 and 24, and a set back distance of at least 10 metres from
these houses to the rear garden boundaries.
Reason: In the interests of amenity.
16. Notwithstanding the terms of classes 1 and 3 of Schedule 1 of the Town
and Country Planning (Scotland) (General Permitted Development Order)
1992, and any orders revoking or re-enacting the order, planning
permission will be required for the erection of any extension or outbuildings
within plots 18, 19, 20, 21, 22, 23 and 24.
Reason: In the interests of residential amenity as the plots are restricted
in size.
17. A sustainable design statement shall be submitted with the reserved
matters application to comply with the Council’s policy for sustainable
development to illustrate how sustainable features will be incorporated.
Reason: To encourage sustainable development.
18. Consideration shall be given to providing a footpath link from the site up to
Upper Arcan Road emerging at a safe point to link in with existing
footpaths within Exhibition Wood.
Reason: In the interests of amenity.
The Committed AGREED the recommendation subject to the following amended and additional conditions:
Condition 1 being amended by inserting “, including maintenance arrangements,” after “Strategy” in line four.
Condition 3 being amended by adding at the end “before any work commences on the relevant phase of the development”.
Condition 8 being amended to require the prior submission of an amended indicative layout plan to ensure parity in size, location and distribution throughout the development of the affordable housing.
Condition 11 being amended to read: “The proposed houses shall be single story only adjacent to existing houses. Elsewhere in the site the proposed houses shall be single or 1½ story in height complementing the design and materials of the traditional houses in the area, including darggrey roofs. They shall be designed and laid out to conserve the privacy of existing properties as far as possible”.
Additional Condition 19: “Prior to commencement of the development, details of the proposed levels for the access road shall be submitted for the prior written approval of the Planning Authority in relation to fixed and identifiable levels within and adjoining the site.”
Additional Condition 20 to provide that all roads and drainage be completed to basecourse standard prior to commencement of construction of the houses.
6.8 Applicant: Craigdee Ltd (Application Reference No
07/01103/FULRC)
Location: Land to South of Cromarty Mains Farm Cottages,Cromarty
Nature of Development: Erection of Eight Houses (Detail)(Amended Design and Layout Reference 00/00568/FURLC)
There had been circulated Report No. PLR-019-08 (3618kb) by the Area Planning and Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Notwithstanding the details and plans submitted with the application, all
roofs shall be finished in natural grey slate, all house/garage walls shall be
finished in identical off-white wet-dash render (and maintained as such), all
elevational windows shall be timber frame (with the same style used
throughout the development) and all rainwater goods shall be black in
colour, unless otherwise agreed in writing by the Planning Authority.
Furthermore, a sample of the stone/substitute stone to be used on all
skews and chimneys shall be submitted to, and approved in writing by, the
Planning Authority prior to work starting on any of the houses. Thereafter,
the development of every house shall progress using the approved skew and
chimney materials, unless otherwise agreed in writing by the Planning
Authority.
Reason: To ensure that the development progresses in accordance with
the design hereby approved and is thus sensitive to its surroundings, retains
an overall homogenous character and respects the visual amenity of the
area.
2. Notwithstanding the provisions of and Classes 1 and 3 of Schedule 1 of the
Town and Country Planning (General Permitted Development) (Scotland)
Order 1992 (as amended, revoked or re-enacted; with or without
modification), no development (including, but not limited to extensions,
conservatories or outbuildings) shall take place within the curtilage of any of
the houses hereby permitted without planning permission being granted on
an application made to the Planning Authority.
Reason: In order for the planning authority to retain control over
homogenous character of the development, which is fundamental to its
acceptability.
3. Notwithstanding the provisions of Classes 1 and 2 of the Town and Country
Planning (General Permitted Development) (Scotland) Order 1992 (as
amended, revoked or re-enacted; with or without modification), no new
windows, rooflights or other openings shall be installed in the elevations or
roofs of any of the houses hereby approved without planning permission
being granted on an application made to the Planning Authority.
Reason: In order to prevent the inclusion of window and other openings
in the specified elevations, which could significantly undermine the privacy
and amenity of adjoining residential property and undermine the
homogenous character of the development, which is fundamental to its
acceptability
4. Notwithstanding the details and plans submitted with the application or the
provisions of Classes 3 and 7 of the Town and Country Planning (General
Permitted Development) (Scotland) Order 1992 (as amended, revoked or
re-enacted; with or without modification), no fences, walls or other means
of boundary treatment shall be erected within the front gardens of any of
the houses hereby permitted or the central courtyard area, unless
otherwise agreed in writing by the Planning Authority.
Reason: To ensure the courtyard development hereby permitted retains
an open central character as required by applicable local plan policy.
5. For the avoidance of doubt, and for the duration of construction works, all
construction traffic shall access the application site via the temporary access
road located on land to the east (with its associated culvert and ditch kept
free from debris), unless otherwise agreed in writing by the Planning
Authority.
Upon completion of the final house hereby permitted, this temporary access
road shall be removed in its entirety (along with all associated infrastructure)
and the land reinstated to its previous state, to the satisfaction of the
Planning Authority.
Reason: In the interests of public health, safety and amenity.
6. Notwithstanding the details and plans submitted with the application, the
northern, southern and western boundaries of the site shall be planted with
a beech hedge at 9 plants per linear metre in two staggered rows and
inter-planted with standard beech trees at approximately 8 metre centres.
The hedge shall be protected on the outside by stock fencing with rabbit
net attached and the inside of the hedge will be protected by a temporary
stock fence running parallel to the other about 1.5 metres apart to protect
against any construction damage, to the satisfaction of the Planning
Authority. A detailed planting and maintenance plan shall be submitted to,
and approved in writing by, the Planning Authority prior to planting taking
place. All planting shall be completed before the end of April 2008, to the
satisfaction of the Planning Authority.
All hedge and tree planting shall be maintained for a period of no less than
five years, unless otherwise agreed in writing by the Planning Authority. Any
loses, for whatever reason, during this period shall be replaced like-for-like,
to the satisfaction of the Planning Authority.
In addition, a stand of at least eight oak trees shall be planted on the west
boundary of adjacent land (as outlined in blue on approved plan drwg. no.
33 – dated 14.12.07) and shall be planted during the above planting
season. All trees shall be maintained for a period of 5-years during which any
loses, for whatever reason, shall be replaced like-for-like, to the satisfaction
of the Planning Authority.
Reason: In the interests of amenity and to ensure the development is
sensitive to, and is absorbed into, the surrounding landscape.
7. A detailed tree management plan for the tree belt lying to the north east
of Cromarty Mains shall be submitted to, and approved in writing by, the
Planning Authority. The management plan shall include an assessment of
existing trees (with recommendations for any remedial work) and a new
planting programme to ensure successive tree cover. The tree
management plan and all agreed work shall be completed before the end of
April 2008, unless otherwise agreed in writing by the Planning Authority. All
trees within this belt shall be maintained for no less than 5 years, with any
loses, for whatever reason, being replaced like-for-like to the satisfaction of
the Planning Authority, unless otherwise agreed in writing by the Planning
Authority.
Reason: In the interests of amenity.
8. The tree and hedge planting detailed in condition 6 above, and any other
communal areas within the development site, shall be subject to a shared
maintenance agreement with all future occupants/owners of the houses
hereby approved. The maintenance programme, a copy of which shall be
submitted to the Planning Authority prior to the first occupation of the first
house, will specify the height and width of the hedge and an annual
maintenance schedule to be undertaken.
Reason: In the interests of amenity and to ensure the development is
sensitive to, and is absorbed into, the surrounding landscape.
9. Prior to work starting on the erection of any of the houses hereby
permitted, a landscaping scheme for the central section of the turning circle
shall be submitted to, and approved in writing by, the Planning Authority.
Thereafter, landscaping works shall be carried out during the first available
planting and seeding season following completion of the access road as
required by condition 12 below. All trees/plants within this area shall be
maintained for no less than 5 years, with any loses, for whatever reason,
being replaced like-for-like to the satisfaction of the Planning Authority.
Reason: In the interests of amenity.
10. Until such time as all 8 houses are completed, no undeveloped house plots
shall be left to deteriorate in terms of visual amenity or become overgrown.
Instead the plots shall be kept and maintained in good order with grass
being cut and weeds being treated at least four times per annum, to the
satisfaction of the Planning Authority.
Reason: In the interests of amenity.
11. Prior to the first occupation of the first house hereby permitted, the
surface of the adopted road in front of the existing terrace of former farm
cottages shall be sprayed and chipped (surface dressing), to the
satisfaction of the Planning Authority in consultation with TECS Roads.
Reason: In the interests of amenity and safety due to the poor road
surface and the increased likelihood of deterioration due to the new
development.
12. Prior to work starting on the erection of any of the houses hereby
permitted, the permanent access road (from the point at which it meets
the public road) and the turning circle shown on the approved plans (along
with associated drainage measures) shall be constructed to at least base
course level. Thereafter, the final wearing surface of the access road and
turning circle (to be agreed first in writing by the Planning Authority in
consultation with TECS Roads) shall be applied concurrently with the
construction of the final house, or within three years of the date on this
consent (whichever may be sooner), and maintained in perpetuity.
Reason: In the interests of road safety and to ensure that an adequate
level of access is provided.
13. The access serving the application site shall be a road over which the
public has a right of access in terms of the Roads (Scotland) Act 1984 (as
amended, revoked or re-enacted; with or without modification) and shall
be constructed in accordance with the Council’s Road Guidelines for New
Developments, to the satisfaction of the Planning Authority in consultation
with TECS Roads.
Reason: In order to ensure that provision is made for a service “road”
commensurate with the scale of the overall development and having
regard to the status of the proposed access as a residential service road.
14. Prior to work starting on the erection of any of the houses hereby
permitted, full details and plans of proposed screen and entrance walls to
be located along the eastern boundary of the site (to the point at which it
meets the terrace of farm cottages) and at the entrance of development
shall be submitted to, and approved in writing by, the Planning Authority.
Thereafter, these walls shall be erected no later than on completion of the
wearing surface of the access road required by condition 12 above.
Reason: In order to accord with the homogenous courtyard character of
the development, which is fundamental to its acceptability.
15. The new foul drainage sewerage main linking the application site to the
Cromarty Waste Water Treatment Works (into which all eight houses shall
be connected) shall be constructed to Scottish Water’s adoptable
standards prior to the first occupation of any house hereby approved and
made available to Scottish Water (or their successors) for adoption upon
its completion, unless otherwise agreed in writing by the Planning
Authority.
Reason: In the interests of public health/amenity and in order to comply
with guidance contained within Planning Advice Note 79.
16. Prior work starting on any of the houses hereby approved, a method
statement for the storage of materials on-site and construction working
hours shall be submitted to, and approved in writing by, the Planning
Authority. Thereafter, development shall progress in accordance with this
statement.
Reason: In order to protect the visual and residential amenities of the
area.
The Committed AGREED the recommendation.
7.0 Applicant: Marine Harvest (Scotland) Ltd
Location: Loch A’Choire, Lochaber
Nature of Development: Renewal and Modification of a Fish Farm Lease
There had been circulated Report No PLR-020-08 by the Acting Director of Planning and development recommending:
1. the submission of a qualified favourable view to the Crown Estate i.e.
recommending approval of the proposed renewal and modification of
development consent subject to the following conditions:
(a) At least 10% of the length of the proposed lease area, at its
western end, should be trimmed or at least remain clear of fish farm
moorings and equipment (as per diagram 3b on page 14 of the
Environmental Statement) to allow room for boats to access the
jetty to remove timber harvested from the Estate. Furthermore, the
fish farm operator should be encouraged to use the eastern part of
the proposed lease area in preference to the western part as much
as possible to minimise its impact on recreational boating traffic using
the loch as an anchorage;
(b) There should be no additional storage of fuel or other chemicals on
the fish farm outwith that currently stored in the bunded area inside
the C-cap feeding system and the procedure for mortality disposal
should be as for the existing consented site;
(c) The automatic feed barge and ancillary equipment should be as low
-profile as possible and the colour schemes used for the surface gear
should be sympathetic to the adjacent landscape;
(d) The fish farm installation should be maintained in good order, failing
which the lease should be terminated and the operator should be
required to remove all equipment from the site within three months;
(e) The fish farm should be operated in compliance with the Code of
Good practice for Scottish Finfish Aquaculture and it should be marked
and lit in accordance with the requirements set out by the Northern
Lighthouse Board;
(f) When the Crown estate consent comes up for review by the
Scottish Government in the period between now and March 2010,
consideration should be given to setting a fixed term for the planning
consent rather than an open-ended term to allow the possibility of
alternative development options being pursued the Loch a’Choire
area.
2. The Committee should emphasise to the Crown Estate that its
recommendation of support for this proposal is not just qualified but
conditional. If the Council’s position is not to be misrepresented, it is
essential that the above conditions are properly incorporated into the
Crown Estate’s development consent. They should not merely be relayed
to the Applicant as “advice from consultees”.
The Committee AGREED the recommendation.
8. Design Issues
Following discussion the Committee AGREED to request that the Acting Director of Planning provide training in the general principles of design.
The meeting ended at 5.00 p.m.