Minute of the site inspection and meeting of the Ross, Skye and Lochaber Planning Applications and Review Committee held on site at Broomhill Farm, Muir of Ord on Tuesday 23rd June 2008 at 2.30 pm and thereafter in the Council Chamber, Council Offices, High Street, Dingwall.
Committee Members Present
Mr Billy Barclay
Mr Peter Cairns
Mrs Isabelle Campbell
Mr David Chisholm
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Angela MacLean
Non-Member in attendance having requested and been granted a local member vote:
Mrs Angela MacLean
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mrs Julie Ferguson, Planning Team Leader
Mr Bryan Stout, Principal Engineer, TECS
Mr Steven Grant, Principal Technician, TECS
Also in attendance:
Mr Bill Hepburn, Tulloch Homes
Mr Allan Rennie, Bracewell Stirling, Architects
Mr Scott MacLeod, Bracewell Stirling, Architects
Mr Alasdair Milne, Fairhursts, Engineers
Mr John Murie
Mr Tom Davis, Muir of Ord Community Council
Mr David Chisholm in the Chair
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr Eddie Hunter,
Mr Donald Cameron and Mr William Clark.
2. Applications
2.1 Applicant: Aviemore and Highland Developments Ltd
(07/01019/REMRC)
Location: Broomhill Farm, Muir of Ord
Nature of Development: Erection of 120 Houses and Formation of Amenity Area, Roads and Ancillary Works
The meeting convened at Broomhill Farm Road where the Committee viewed the site and were pointed out physical features by Mrs Julie Ferguson, the Applicants and others present.
Following the site inspection, the meeting reconvened in the Council Chamber, Council Offices, High Street, Dingwall at 3.20 pm to determine the application.
There had been circulated Report No PLR-056-08 by the Area Planning and Building Standards Manager recommending that, subject to the prior conclusion of a Section 75 Agreement or an equivalent mechanism to cover the financial contribution and timetable for payment towards the costs of provision of local road improvements, school expansion (If necessary) and active formal recreation (condition no 1), planning permission be granted subject to the following conditions and reasons:-
No development shall commence on site until the developer has lodged an agreed financial contribution per residential unit towards the costs of provision of local road improvements, school expansion (If necessary) and active formal recreation, as agreed with the developer.
Reason: In the interests of ensuring provision of adequate infrastructure to accommodate this development.
No development shall commence until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of drainage and or a water scheme to serve the development.
Reason: To ensure adequate infrastructure for water/sewerage provisions are available for connection.
The surface water drainage for the site shall comply with the principles of SUDS in accordance with the Drainage Impact Assessment and SUDS proposals submitted plan 32 of 35, including the regular, long term maintenance of the elements of the SUDS scheme hereby approved, to the full satisfaction the Planning Authority in consultation with SEPA. Consideration shall be given to amending the scheme to include the SUDS system discharging to the wetland area to the north of the site, subject to the approval of SEPA. Any variation of the SUDS scheme shall require the prior written approval of the Planning Authority in consultation with SEPA.
Reason: To reduce the risk of flooding and improve water quality.
The culvert immediately downstream of site shall not be modified, as agreed with the Applicants Agent and SEPA and shall be maintained to minimise the potential for blockage.
Reason: To reduce the risk of flooding and improve water quality.
The designed layout shall make provision for future road access to adjacent land - with the provision for the roadway/footpath links taken to precise boundary edges as necessary to facilitate future development expansion.
Reason: In the interests of ensuring continuity should future development plans require it.
The exact location of tree protection fencing shall be agreed on site, erected and inspected with written approval being required prior to the commencement of development on site. No work shall be undertaken within the protection area of existing trees, but where unavoidable this must be identified in advance and agreed with the Forestry Officer and supervised by an arboriculturalist. A tree protection zone of 15-20 metres from existing trees along the north and south boundaries shall be maintained with a 20-25 metres protection zone from trees along Corry Road. The site boundary fencing to south shall be positioned at least 15 metres from existing trees to act as tree protective fencing. The boundary fence to the east alongside the younger woodland strip shall also act as protective fencing.
Reason: In the interests of amenity.
The proposed landscaping and maintenance plan herby approved (plan nos. 2, 33, 34 & 35 of 35) including the avenue of trees along the approach to the development shall be undertaken within the first planting season following completion of each individual phase of the development to the satisfaction of the Council with all trees being protected with 60cm tree shelters. Detailed proposals for the avenue of trees shall be submitted for the written approval of the Planning Authority before any work commences on site. The landscaped areas shall be maintained in perpetuity under a private maintenance agreement, incorporated into the title deeds of each property, to a standard suitable for adoption by the Council, with any variation requiring the prior written approval of the Planning Authority.
Reason: In the interests of amenity.
Before any work commences on site a landscaping and maintenance plan shall be submitted for the undeveloped area located to the north of the site, within the flood risk area, to include extensive tree planting and informal amenity areas and paths to enhance the development for the written approval of the Planning Authority. Thereafter the landscaping shall be undertaken and protected from rabbit damage within the first planting season following completion of phase 1 of the development in accordance with the approved scheme. The landscaped area shall be maintained in perpetuity under a private maintenance agreement, incorporated into the title deeds of each property, to a standard suitable for adoption by the Council, with any variation requiring the prior written approval of the Planning Authority.
Reason: In the interests of amenity.
All existing trees within the site shall be retained and shall not be lopped, topped or felled without the prior written approval of the Planning Authority.
Reason: In the interests of amenity.
The development hereby approved shall incorporate a minimum of 30 affordable units (plots 51-80). 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 housing units within Community Scotland benchmark costs and built to Community Scotland housing for variable needs standards unless otherwise first agreed in writing by the Planning Authority. The detailed nature of the affordable housing provision must be agreed with the Planning Authority in consultation with Housing Services prior to development commencing.
Reason: In accordance with the layout plan submitted as part of the application and in the interests of securing compliance with the Council’s Affordable Housing Policy as contained in the Development Plan.
No development shall commence until Road Construction Consent is approved and an appropriate Road Bond lodged (under the Roads Scotland Act) that secures financial provisions for the completion of relevant phased roadworks and the development shall incorporate the following requirements:
a. All road markings and signs shall be provided and installed by the developer.
b. All driveways shall be surfaced in a cohesive bituminous material.
c. Grit bins shall be provided and installed on slabbed areas within the
development for the use of winter maintenance purposes by the
developer.
d. No vehicular access, during or after construction, onto Corrie Road.
e. There shall be no damage or deposit of debris onto public road during
construction and arrangements shall be made for the regular removal of
deleterious material from the public road to the satisfaction of the Roads
Authority.
f. The existing foot path on Corrie road shall be extended to the site boundary
by the developer in accordance with details that must be submitted to
TECS (Roads) as part of the Road Construction Consent and be carried out
in a phased programme in relation to the development of the site.
The developer shall construct the new access and stop up the existing access to Broomhill Farm Road from the A832 prior to any construction work commencing on site, maintaining access to Broomhill Farm Road at all times.
Reason: In the interests of road safety.
Prior to the commencement of development detailed plans for the proposed pre-school and primary school children’s equipped play areas (each equipped with the equivalent of four pieces of play equipment shall be submitted for the written approval of the Planning Authority and these facilities together with the landscaped ares/open spaces shall be provided concurrently with the development of each phase in accordance with the approved plans to a standard suitable for adoption by the Council. A financial bond to cover the capital cost of these areas shall be submitted to the Council on the basis of a cost assessment by TECServices. In addition a financial bond to cover the costs of annual maintenance of all landscaping and childrens play areas (in perpetuity) shall be submitted and held by the Council until a robust and secure financial security for alternative maintenance provisions is approved by the Council.
Reason: To ensure that the proper provision and future maintenance of amenity space.
If any of the plots are released for the self build market then a full design brief shall be submitted for the written approval of the Planning Authority – and compliance of individual designs to the design brief will be required with a further application being submitted for each site including full details of the siting and design of the individual houses.
Reason: To enable the Planning Authority to retain effective control.
For the avoidance of doubt no housing shall be developed within the northern area of the site within 250 metres of the former rubbish tip located on West Road, without further works including a programme of gas monitoring as recommended within Geo Environmental Report (plan no 31 of 35) provided for the site and this shall incorporate remediation in accordance with a time scale, all to be agreed in writing with the Council.
Reason: To ensure that any contamination issues are resolved in the interests of public health.
No work shall commence on site until a phasing plan has been submitted and approved in writing by the Planning Authority to clearly illustrate which houses and amenity facilities will be constructed in each phase and thereafter the development shall be undertaken in accordance with the approved plan with no development being commenced in any subsequent phase before 80% of the previous phase has been completed.
Reason: To enable the Planning Authority to retain effective control.
Construction hours on site shall be limited to 8:00 am to 6:00pm Mondays to Fridays; 8:00 am to 1:00pm Saturdays and not at all on Sundays unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of amenity.
The houses shall be finished in cast stone, wet dash harling and a good quality substitute slate tile with samples, including any colour variation being submitted for the written approval of the Planning Authority.
Reason: In the interests of amenity.
Communal satellite dishes shall be provided on the blocks of flats hereby approved and there shall be no individual dishes on the flats without the prior formal approval of the Planning Authority.
Reason: In the interests of amenity.
The proposed feature walls shall be relocated to the entrance to the site adjacent to the proposed roundabout with full details of the design and siting being submitted for the prior written approval of the Planning Authority and the walls shall be built in accordance with the approved details before the first house is occupied.
Reason: In the interests of amenity.
Consideration shall be given to the utilisation of roof water within the development in accordance with the principles of sustainable development with full details being submitted for the written approval of the Planning Authority in consultation with SEPA.
Reason: In the interests of contributing to the principles of sustainable development in accordance with the Council’s approved policy relating to sustainable development.
Full details of the siting, design and layout of the site compound/s and electricity sub-stations shall be submitted for the written approval of the Planning Authority and the compounds and sub-stations shall be provided in accordance with the approved plans with the site compound/s being removed in accordance with an agreed timetable unless otherwise agreed in writing with the Planning Authority.
Reason: In the interests of amenity.
Mrs Julie Ferguson advised the Committee that a response had now been received from Education, Culture and Leisure that Muir of Ord Primary School had sufficient capacity.
Following discussion, Mr David Chisholm made the following statement which he wished to be recorded in the minute:
“Well members I can honestly say I have never in my life felt so powerless to change what I believe is a wrong, than today.
We have a developer here that wants to build houses, and I don’t have a problem with that, but as soon as the houses are built the developer is gone and the Community is left to deal with the consequences because it is quite clear that Highland Council will not. On this occasion, 120 the biggest development in the history of Muir of Ord that is in addition to the hundreds that have arrived in the last 6 years.
Highland Council want to deliver affordable housing and again I am delighted that so many people will get homes but you can’t keep building them in communities that have not got the facilities or infrastructure to support them; the same goes for the private sector but Highland Council also say with appropriate amenity - where is it?
Members had, in this application, to abide by a Traffic Impact Assessment that was almost 2½ years old and had quite a few significant omissions, gave no regard to pedestrian safety and although members have done it in the past ignored the recommendation in the local plan.
The members had to read that our Education Department hadn’t even got the decency to reply to our planning officer. For members’ information this development will more than likely result in the loss of the Library which services a lot larger catchment than Muir of Ord and very active community groups.
Not only will this have a drastic effect on Muir of Ord but it will impact on Highland Council’s Budget as they are in the 1920’s old school which was deemed not fit for purpose nearly 40 years ago with no heating or toilets; so which other communities will suffer on the capital programme from what can only be described as the inept behaviour of ECS.
Members I am sure are aware that I have grave concerns over this Service and the impact that its non responsive attitude to planning will have on other communities in the Highlands, as their actions or a better word would be “inertia” across their whole remit would suggest in Muir of Ord
I spoke to the Acting Director of Planning many moons ago and suggested that the cost of appeals be shown to members as an Agenda item, so members would be aware of the cost in applications going to appeal. He said to me that he would rather this did not happen as it may constrict members from highlighting their honest and locally based concerns.
I then heard yesterday from a member that was informed by a senior official of Highland Council that the member could be sued by the Developer in other words you could lose your house over it. Well all I’ve got is a 10 year old car called Susy so no one should worry about me losing my home.
There are terms thrown about like Community Empowerment, Community Planning and Community Consultation; the sad thing about them is that communities are not involved in them. And Developers have to be made aware, as should Highland Council, that Consultation is not “communicating your intent” then ignoring comments made to you.
Councillor Barclay highlighted the damage that we may be doing to communities and he is right and I can’t ignore the inaction of SEPA here. It is quite obvious that the fly tipping on the wetlands is one of the reasons that flooding has occurred on the Broomhill Site 3 times in recent years.
If things go wrong in Highland who’s to blame? Of course it’s the councillors fault not only in planning but across the whole spectrum whether it is a blown streetlight or the removal of a staff post. Members, we act on the recommendations of officials and the amount of latitude we have to change anything is minuscule, so the next time you hear an official say “well the councillors decided on the policy” please correct them by saying “on the officials recommendations”
Although I personally feel that this development does not meet 5 of the 15 objectives of the Highland Structure Plan:
Community empowerment and decision making;
The quality and number of employment opportunities;
The safety enjoyment and diversity of towns and villages;
The effectiveness and efficiency of infrastructure provision;
Accessibility to community facilities and services;
We are in my eyes hamstrung to accept it.
I am seriously concerned as members will know I am sure be aware, that the damage that may have been done to Muir of Ord with the number of houses that it has received in recent years and it continues to receive, without appropriate infrastructure is a damning indictment on Highland Council. It is quite clear that the term Sustainable Communities does not apply to Muir of Ord. Because in my eyes we broke it today lets hope and pray we don’t break another one, members.
In closing I will be offering my resignation to the committee members from the post of Chair of Planning for RSL tonight and I have asked Cllr Clark to chair the meeting tomorrow which I will be attending.”
The Committee AGREED the recommendation subject to:
(i) TECS ensuring that the road improvements be carried out as soon as
possible;
(ii) An addition to condition 15 that the phasing be in line with GSP7 as
highlighted in the Ross & Cromarty East Local Plan adopted in February
2007 with details to be given to ward members for their information.
(iii) An addition to condition 21 that the site compounds and sub stations
should not be sited on the lower part of the site within the 0.5%
probability area and also that no spoil/earthworks be stored in the 0.5%
probability area at any time.
(iv) An additional condition 22 that the lower part of the site be given over to
open ground and an informal recreation space as alluded to in the Local
Plan and that this area receive appropriate maintenance. The reason for
this additional condition being to reduce the risk of flooding and in the
interest of amenity.
The meeting ended at 4.00 p.m.