Committees
Minutes of Meeting of the Ross, Skye and Lochaber Planning Committee held in the Council Chamber, Council Offices, High Street, Dingwall on Tuesday, 2nd September 2008 at 10.30 am.
Committee Members Present
Mr Billy Barclay
Mr Peter Cairns
Mr Donald Cameron
Mrs Isabelle Campbell
Mr David Chisholm
Mr William Clark
Mr Hamish Fraser
Mr Eddie Hunter
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Audrey Sinclair
Non-Members in attendance having requested and been granted a local member vote also present:
Mr Bren Gormley (Item 5.8)
Mr Brian Murphy (Item 5.8)
Mr Alan Henderson (Item 5.12)
Non-Members in attendance:
Mr Richard Greene (Items 1 to 5.6)
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Jim Tolmie, Area Roads and Community Works Manager
Mr David Chisholm in the Chair
Business
1. Apologies for Absence
None.
2. Confirmation of Minutes
There had been circulated for confirmation the Minutes of the Meeting of the Committee held on 5th August 2008.
The Minute was held as read and approved.
Matters arising – Item 3 Timetable of Meetings
The Committee agreed that their intention with regard to the venue for meetings
was that applications arising from the Lochalsh part of the former Skye and Lochalsh
Area would count towards determining if a meeting would be held in Portree. The fact
that the Dingwall office of the Planning & Development Service dealt with applications
for Lochalsh would be irrelevant for this purpose.
3. Appeals
3.1 Applicant: Mr A C Fraser (06/00686/FULRC)
Location: Lochbroom Filling Station, Garve Road, Ullapool
Nature of Development: Extension to Filling Station, Shop and Erection of Flat Above
The Committee agreed to note that an appeal following refusal had been dismissed by the Reporter.
3.2 Applicant: Mr C Manwaring (07/00607 and 00608/OUTLO)
Location: Land 150 m and 250 m North East of Inbhirgarbh, Invergarry
Nature of Development: Erection of Two Houses
The Committee agreed to note that an appeal had been lodged which would be dealt with under the written submissions procedure.
3.3 Applicant: Mr Patrick Wells (07/01224/FULRC)
Location: Former Nurseries, Precincts Road, Fortrose
Nature of Development: Erection of Three Houses and Garages (Detail)
The Committee agreed to note that an appeal following refusal had been dismissed by the Reporter.
3.4 Applicant: Mr J MacLean (07/00596/OUTRC)
Location: Former MacLean’s Warehouse Site, Station Road, Dingwall
Nature of Development: Erection of Two Blocks of Flats (9 Units) (Outline)
The Committee agreed to note that an appeal following refusal had been dismissed by the Reporter.
3.5 Applicant: Ms K Proctor (08/00001/OUTLO)
Location: Land South of Craigstuart, Strontian
Nature of Development: Erection of Two Houses
The Committee agreed to note that an appeal had been lodged which would be dealt with under the written submissions procedure.
4. Delegated Powers
The Committee agreed to note that the List of Delegated Decisions on Planning Applications was available on the Members’ Bulletin and via The Highland Council website.
5. Applications (numbered on the Agenda for the meeting as 6.1, 6.2 etc.)
5.1 Applicant: Donald Wallace Robertson (06/00512/FULSL) (PLR-081-08 (162kb))
Location: Land to North East of Atlantic View, Elgol, Isle of Skye
Nature of Development: Erection of House
There had been circulated report No PLR/081/08 by the Area Planning and Building Standards Manager recommending the grant of the application, subject to the following conditions:-
1. Prior to the commencement of development, details of improvements to the access, in accordance with drawing SAS 1f (Figure 4 and Service Bay) shall be submitted to and approved in writing by the Planning Authority. Such details shall show improvements to the geometry of the existing access junction with the public road, widening of the existing access throat width of (at its narrowest point) 2.6 metres to a 5.5 metre width for the first 10.5 metres, with a reducing taper to 3.0 metres over the next 13.0 metres. The details shall include sections along and across the improved access. The access and junction improvements so approved shall be fully implemented and completed prior to the commencement of any on site clearance or on site operational development.
Reason: In the interests of road safety.
2. 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 require the approval in writing of the Planning Authority. No site clearance or excavation shall take place until that approval has been given in writing and all such works shall thereafter be implemented in accordance with the approved arrangements.
Reason: To protect the historical and archaeological interest of the site.
3. Prior to the commencement of any works on site full details of the proposed drainage arrangements, such details shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA. The scheme as may be approved shall include, a detailed survey plan showing all existing and proposed, foul and surface water soakaways and drainage pipe runs, details of the size, capacity and location and means of discharge of the drainage arrangements proposed and satisfactory percolation tests; the scheme as approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards or SEPA prior to the first occupation of the dwelling house hereby approved.
Reason: For the avoidance of pollution.
4. Prior to the commencement of development, a fully detailed scheme of all hard and soft landscaping for the site, including a detailed levels survey, all cut and fill works, deposition of spoil, planting and a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. All works identified and the planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants that become diseased or seriously damaged shall be replaced in the immediately following planting season with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
5. Prior to the commencement of development, notwithstanding the details as submitted, details of roof finishes of either natural slate or a high quality slate substitute shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of visual amenity.
Note to Applicant
The applicant(s) attention is drawn to the requirement prior to the commencement of any works on site, to apply to the Roads Authority for a Permit in accordance with Section 109 of the New Roads and Street Works Act 1991.
The Committee agreed the recommendation.
5.2 Applicant: Mr J Anderson (07/00029/OUTLO) (PLR-082-08 (2731kb))
Location: Land 100 m North West of Torness, Gairlochy, Spean Bridge
Nature of Development: Erection of Four Houses
There had been circulated Report No PLR/082/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to no new issues being raised by the neighbour notification closing date of 28th August 2008 and the following conditions:-
1. Standard outline condition.
2. Any details pursuant to Condition 1 above shall show houses of traditional design and finish and shall incorporate the following elements:
(a) be single storey in scale;
(b) be generally rectangular in shape and gable-ended with maximum gable widths of 7.8m;
(c) have a symmetrically pitched roof between 40 and 45 degrees, finished in natural slate;
(d) external walls shall be predominantly finished with white painted wet dash roughcast, smooth masonry render, or unpainted natural stone;
(e) if chimneys are incorporated, they shall be set squarely on the ridge;
(f) have window openings with a strong vertical emphasis.
Reason: In the interests of amenity and in order to reflect/retain the vernacular building traditions of the area.
3. Any details pursuant to Condition 1 above shall show a linear pattern of development following the natural curve of the river. For the avoidance of doubt no permission is hereby approved for the indicative layout shown on the site plan.
Reason: In the interests of visual and residential amenity.
4. Any details pursuant to Condition 1 above shall show a single shared access onto the B8004. Such details shall show the layout, geometry, gradient, construction and surfacing of the access, positioned to ensure clear visibility splays of 120 metres in each direction formed from a point 4.5 metres back from the edge of the carriageway, measured along the centreline of the proposed access.
Thereafter, prior to the commencement of works on site, the access shall be formed and the visibility splays cleared of all obstructions to driver visibility above a height of 1.05 metres above the level of the adjoining carriageway. The visibility splays shall thereafter be maintained clear of obstructions to driver visibility in perpetuity and the final surfacing of the access shall be undertaken prior to the initial occupation of the first house.
Reason: In the interests of road safety.
5. Any details pursuant to Condition 1 above shall show full details of the existing and proposed site levels of the site, showing the proposed finished floor level of the houses. Such details shall show a minimum of two sections through the site in a north-west/south-east direction, from the B8004 to the River Spean. Thereafter the site shall be development in accordance with the approved site levels.
Reason: In the interests of visual amenity in order to ensure the house integrates into its landscape setting and protects the interests of the SSSI.
6. From the date of this permission, no trees within the site shall be lopped, topped, felled or otherwise damaged without the prior written consent of the Planning Authority.
Reason: To protect the established trees within the site.
7. Any details pursuant to Condition 1 above shall show full details of the proposed means of surface water drainage designed in consultation with the Scottish Environment Protection Agency and the Area Roads Manager. Such details as are approved must be fully installed prior to the initial occupation of the first house hereby approved.
Reason: To ensure surface water drainage arising from the development is adequately managed and to prevent addition loading on the existing watercourses.
8. Any details pursuant to Condition 1 above shall show a landscaping scheme for the boundaries of the site and shall include the retention of existing trees. Thereafter the approved landscaping scheme shall be fully implemented in accordance with the approved details prior to the initial occupation of the first house, unless otherwise first agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity in order to help integrate the proposal into its landscape setting.
Note to Applicant
No permission is hereby granted for the two earth bunds shown on the approved site plan.
The Committee agreed the recommendation subject to the following amendments:
1. An additional suspensive condition requiring adherence to the Council’s Policy on Affordable Housing; and
2. An additional condition requiring a communal septic tank instead of individual ones with an agreed communal access route safeguarded.
5.3 Applicant: Alastair and Joanie MacKinnon (07/00260/OUTSL) (PLR-083-08 (815kb))
Location: Land 50 m to North of Seaview, 2 Elgol, Isle of Skye
Nature of Development: Erection of House (Outline)
There had been circulated Report No PLR/083/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the prior conclusion of a Section 75 Agreement within 6 months to secure all commensurate access improvements to the private access serving No’s. 1, 2, 3 & 4 Elgol, extending from the junction of the public road to the proposed access relating to Application, 07/00260/OUTSL. Such improvements to include localised widening to 3.0 metres width, creation of additional passing places where vehicle intervisibility is obstructed and/or where existing pinch points exist, and the following conditions:-
1. A further application shall be made to the Planning Authority within 3 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. Access detail details pursuant to Condition 1 above shall include improvements to the geometry of the existing access junction of the track with the public road, widening of the existing access throat width of (at its narrowest point) 2.6 metres to a 5.5 metre width for the first 10.5 metres, with a reducing taper to 3.0 metres over the next 13.0 metres. The details shall include sections along and across the improved access.
Reason: In the interests of road safety.
3. Prior to the commencement of development, details of improvements to the access, in accordance with drawing SAS 1f (Figure 4 and Service Bay) shall be submitted to and approved in writing by the Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: In the interests of road safety.
4. The Reserved Matters referred to in condition 1 hereof shall include full details of the proposed foul drainage arrangements, such details shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA. The scheme as may be approved shall include, a detailed survey plan showing all existing and proposed, foul and surface water soakaways and drainage pipe runs, details of the size, capacity and location and means of discharge of the drainage arrangements proposed and satisfactory percolation tests; the scheme as approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards or SEPA prior to the first occupation of the dwelling house hereby approved.
Reason: For the avoidance of pollution.
5. Prior to the commencement of development, a fully detailed scheme of all hard and soft landscaping for the site, including a detailed levels survey, all cut and fill works, deposition of spoil, planting and a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. All works identified and the planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants that become diseased or seriously damaged shall be replaced in the immediately following planting season with others of a similar size and species.
Reason: In the interests of the visual amenity of the area,
6. Any details pursuant to Condition 1 above should show a house of traditional design, form and finish and which shall incorporate the following, unless otherwise agreed in writing with the Planning Authority:
i) The building shall be rectangular in shape and gabled with a span not exceeding 7.8 metres;
ii) The building shall be single storey;
iii) The roof shall be symmetrically pitched at least 37 degrees and finished either in natural slate or a good quality slate substitute;
iv) On site parking and turning will be provided within the site for two cars.
Reason: In the interests of visual amenity.
And should a Section 75 agreement not be concluded within six months of the date of this committee meeting, it is recommended that planning permission be refused for the following reasons:
1. The proposed development would represent further intensification of use of an existing sub-standard private access and its junction with the public road to the detriment of road safety. To allow the increased use of the sub-standard private access would be contrary to the provisions of Policy H8 of the Highland Structure Plan and Policy 2.1.6 (RS2) of the Skye and Lochalsh Local Plan and Policy 1 of the Highland & Islands Local Plan (Deposit Draft).
2. Visibility splays are required to both the east and west of the private accesses junction with the public road and also improvements to the access width and the provision of passing places. These improvements can only be carried out by the clearing and continued maintenance of land outwith the applicant’s control. Without the conclusion of a Section 75 Agreement, there is no legally binding guarantee that the provision of the above mentioned improvements to the private access from the site to the public road can be achieved. The application therefore fails to meet Policy H8 of the Highland Structure Plan and the Councils Road Guidelines for New Developments and would therefore be contrary to road safety.
The Committee agreed the recommendation subject to the section 75 Agreement
being at the Applicants’ expense.
5.4 Applicant: Morag Nicolson (07/00486/OUTSL) (PLR-084-08 (2302kb))
Location: Land at 4-5 Peinaha, Glenhinnisdal, Portree
Nature of Development: Erection of House
There had been circulated Report No PLR/084/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. A further application shall be made to the Planning Authority within 3 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. Prior to the commencement of development, details of improvements to the access, in accordance with drawing SAS 1f (Figure 1 and Service Bay) shall be submitted to and approved in writing by the Planning Authority. Visibility splays of 2.5m x 90m to the West and 2.5mx 70m to the east required. The details shall include sections along and across the improved access. The development shall be carried out in accordance with the approved details.
Reason: In the interests of road safety.
3. Prior to the commencement of development, a fully detailed scheme of landscaping for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. All planting thereby approved shall be undertaken in the first planting season following completion of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants which, within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced in the immediately following planting season with others of a similar size and species.
Reason: In the interests of the visual amenity of the area.
4. The Reserved Matters referred to in condition 1 hereof shall include details full details of the proposed foul drainage arrangements, such details shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA. The scheme as may be approved shall include, a detailed survey plan showing all existing and proposed, foul and surface water soakaways and drainage pipe runs, details of the size, capacity and location and means of discharge of the drainage arrangements proposed and satisfactory percolation tests; the scheme as approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards or SEPA prior to the first occupation of the dwelling house hereby approved.
Reason: In the interests of public health and amenity.
5. Any details pursuant to Condition 1 above should show a house of traditional design, form and finish and which shall incorporate the following, unless otherwise agreed in writing with the Planning Authority:
i. The building shall be rectangular in shape and gabled with a span not exceeding 7.8 metres;
ii. The building shall be single storey;
iii. The roof shall be symmetrically pitched at least 37 degrees and finished either in natural slate or a good quality slate substitute;
iv. On site parking and turning will be provided within the site for two cars.
Reason: In the interests of visual amenity.
6. The reserved matters referred to in condition 1 shall include details of the private water supply and shall verify the water quality of the source and also that the source is of a sufficient quantity as to supply the proposed house and others that rely on it for their supply.
Reason: In the interest of public health.
7. The house hereby approved shall be tied to sufficient croftland and shall be occupied by someone engaged mainly or solely in crofting activity associated with the land that the house is tied to. The house shall not be desponded from said croftland. The croftland associated with the house is as shown on drawing reference JG0324i.
Reason: The justification for the house is that it is required for crofting activity and as such the house should remain occupied by someone engaged in such activity associated with the croft.
8. During the clearing of the site and the trenching works required for the foundation there shall be undertaken an archaeological watching brief.
Reason: To secure the recording of any archaeological remains of significance that may be found during these operations.
The Committee agreed the recommendation.
5.5 Applicant: Duncan MacRae Jnr (07/0085/FULRC) (PLR-085-08 (4300kb))
Location: Land at 2 Innis a’chro, Morvich, By Kyle
Nature of Development: Erection of House
There had been circulated Report No PLR/085/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. The type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.
2. Development shall not begin until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:
i. existing and finished ground levels in relation to an identified fixed datum;
ii. existing landscaping features and vegetation to be retained;
iii. location and design, including materials, of walls, fences and gates;
iv. soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub;
v. programme for completion and subsequent on-going maintenance.
All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.
Any trees or plants which within a period of five years from the completion of the development die or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure the implementation of a satisfactory scheme of landscaping.
3. Prior to the commencement of development, a hard-standing area of wheelie bins shall be provided at the end of the public road and thereafter maintained, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of amenity and road safety.
4. No development shall commence until a schedule of road improvement works (including widening and improved turning capacity) at the point at which the River Croe bridge meets the end of the public road have been submitted to, and approved in writing by, the Planning Authority in consultation with TECS Roads. Thereafter, these upgrade works shall, at the expense of the applicant/developer, be carried out prior to the first occupation of the house hereby approved.
Reason: In the interests of road safety.
5. Prior to the commencement of development, the private access road leading from the River Croe bridge to the application site shall be widened to a minimum of 3.3m and finished with an aggregate finish to match exiting, or as otherwise agreed in writing by the Planning Authority. These works shall include a passing place formed mid-way between the River Croe bridge and the house site to TECS Roads’ geometric specification.
Reason: In the interests of road safety.
The Committee agreed the recommendation.
5.6 Applicant: Ms Catriona McWhinney (07/01145/OUTRC) (PLR-086-08 (931kb))
Location: Site 1 to North of Ceomara Highland Cottages, Aird, Badachro
Nature of Development: Erection of House (Outline)
There had been circulated Report No PLR/086/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. Standard outline condition and reasons (seeking details).
2. Notwithstanding that design and external appearance are Reserved Matters under Condition 1 above, the dwelling shall be rectangular in shape and gable ended; the span of the gable shall not exceed 7.8 metres. It shall be designed so that it is positioned with the main façade facing towards the public road, reflecting the design of the traditional dwellings in the vicinity, no higher than 7.5 metres only to the ridge line, the roof shall be symmetrically pitched to at least 40 degrees and the dwelling be set low in the landscape.
Reason: In the interests of residential and visual amenity to minimise the impact of the dwelling to ensure the dwelling is incorporated into the landscape within the National Scenic Area.
3. No development shall commence until a full scheme of facing materials, including colour and texture, to be used in external walls and roofs, has been submitted to and approved in writing by the Planning Authority. This development shall only be implemented in accordance with the approved details. For the avoidance of doubt the roof shall be completed in natural slate.
Reason: To ensure that the development blends into the landscape within the National Scenic Area in the interests of visual amenity.
4. Full details of existing and proposed levels of the site, access ways and floor levels, including levels surrounding the application site relative to the public road and land to the north west relative to a fixed datum point and be submitted with the Reserved Matters application. The development shall be built in accordance with the approved details.
Reason: To enable the Planning Authority to fully consider the proposal to ensure the satisfactory appearance of the development in the interests of visual amenity.
5. The existing access shall be upgraded and provided to the guideline standards of the Roads Authority prior to the first occupation of the dwelling hereby approved and shall include the following: (a) Visibility splays of 2.5 x 90 metres shall be provided and maintained thereafter in perpetuity (with no obstructions over 0.9 metres in height from the road level within the visibility splays); (b) It shall be surfaced in a recognised bituminous material for the fist 5 metres from the public road (gradient of the access over the first 5 metres must not exceed 1:16); (c) Positive drainage provision ensuring no surface or ground water flows from or onto the site from the public road; (d) the access shall be located on the north side of the turning area at the end of the public road; and (e) A service layby to be formed at the access point to the satisfaction of TEC Services (Transport), details all of which shall be submitted with the Reserved Matters Application.
Reason: In the interests of road safety.
6. Parking and turning for at least two vehicles shall be provided and maintained within the curtilage to enable vehicles to enter and exit in a forward gear, before first occupation.
Reason: In the interests of road safety.
7. A storage area for wheelie bins shall be provided adjacent to the bellmouth access with the public road, but outwith the visibility splay, and surfaced in an appropriate material, prior to the first occupation of the dwellinghouse. Details of which shall be submitted with the Reserved Matters Application.
Reason: In the interests of road safety.
8. No development shall commence until full details of the proposed boundary treatment of the site has been submitted to and approved in writing by the Planning Authority. The approved scheme shall be carried out before this development is brought into use and shall thereafter be retained.
Reason: To ensure the satisfactory appearance and functioning of the development in the interests of visual amenity.
9. The dwelling hereby approved shall be designed to accord with the Council's Policy on Designing for Sustainability. A Sustainable Design Statement shall be submitted along with the Reserved Matters required under Condition 1 above.
Reason: In the interests of amenity and in accordance with planning policy.
10. As required under Condition 1, a fully detailed scheme of landscaping for the site, including a scheme of maintenance, shall be submitted with the Reserved Matters Application for consideration and approval in writing of the Planning Authority. All planting thereby approved shall be undertaken in the first planting season following completion of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. It should be noted that trees should be planted to the west and east of the proposed house. Any plants which, within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced in the immediately following planting season with others of a similar size and species.
Reason: In the interests of amenity and in order to ensure that the development is adequately screened.
11. Working hours during construction, excluding internal fittings, shall be limited to 8.00 am - 6.00 pm weekdays and 9.00 am - 12 noon Saturdays, with no work permitted on Sundays.
Reason: In the interests of residential amenity.
Note to Applicant:
You are advised that a supply and connection to Scottish Water infrastructure is dependent on sufficient spare capacity at the time of the application for connection to Scottish Water. The granting of planning permission does not guarantee a connection. If you have any further enquiries with regards to sewerage connection and/or water supply then you must contact Scottish Water on 0845 601 8855.
The Committee agreed the recommendation.
5.7 Applicant: Mr L Matheson and Miss J MacRae (08/00045/FULRC) (PLR-090-08 (4287kb))
Location: Land 50 m North of 1 Innis a’chro, Morvich, Kyle
Nature of Development: Erection of House (Detail)
There had been circulated Report No PLR/090/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. Unless otherwise conditioned below, the type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.
2. For the avoidance of doubt, the roof of the house shall be finished in natural slate, unless otherwise agreed in writing by the Planning Authority.
Reason: To ensure that the development is sensitive to its surroundings and respects the visual amenity of the area.
3. Development shall not begin until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:
i. existing and finished ground levels in relation to an identified fixed datum;
ii. existing landscaping features and vegetation to be retained;
iii. location and design, including materials, of walls, fences and gates;
iv. soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub;
v. programme for completion and subsequent on-going maintenance.
All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.
Any trees or plants which within a period of five years from the completion of the development die for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure the implementation of a satisfactory scheme of landscaping.
4. Prior to the commencement of development, a hard-standing area of wheelie bins shall be provided at the end of the public road and thereafter maintained, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of amenity and road safety.
5. No development shall commence until a schedule of road improvement works (including widening and improved turning capacity) at the point at which the River Croe bridge meets the end of the public road have been submitted to, and approved in writing by, the Planning Authority in consultation with TECS Roads. Thereafter, these upgrade works shall, at the expense of the applicant/developer, be carried out prior to the first occupation of the house hereby approved.
Reason: In the interests of road safety.
6. Prior to the commencement of development, the private access road leading from the River Croe bridge to the application site shall be widened to a minimum of 3.3m and finished with an aggregate finish to match exiting, or as otherwise agreed in writing by the Planning Authority. These works shall include a passing place formed mid-way between the River Croe bridge and the house site to TECS Roads’ geometric specification.
eason: In the interests of road safety.
Planning Conditions: Your attention is drawn to the conditions attached to this permission. In particular, any pre-conditions (those requiring certain works, submissions etc. prior to commencement of development) must be fulfilled prior to work starting on site. Failure to meet these conditions may invalidate your permission or result in formal enforcement action.
Scottish Water: You are advised that a supply and connection to Scottish Water infrastructure is dependent on sufficient spare capacity at the time of the application for connection to Scottish Water. The granting of planning permission does not guarantee a connection. Any enquiries with regards to sewerage connection and/or water supply should be directed to Scottish Water on 0845 601 8855.
The Committee agreed the recommendation.
5.8 Applicant: Kilmartin Ashford LLP (08/00076/FULLO) (PLR-091-08 (2087kb))
Location: Grand Hotel, Gordon Square, Fort William
Nature of Development: Demolition of Existing Buildings, Erection of Class 1 Retail and Hotel Building, Access, Car Park and Ancillary Facilities
There had been circulated Report No PLR/091/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. Prior to the commencement of development, the applicant shall provide, by way of an assessment of potential contamination issues, evidence that the site is suitable for its proposed use. Such an assessment shall be consistent with the approach to land contamination contained in Planning Advice Note 33, and with the British Standard for investigation of potentially contaminated sites (BS10175:2001). Should any contamination be found, the applicant shall submit a written remediation strategy and effect remediation in consultation with TEC Services, such that the site is suitable for use.
Reason: To ensure that the site is suitable for the proposed use.
2. The proposed road to the rear of the approved premises as shown on Car Park Access and Future Link Road drawing no. P505800/2/01/100 D shall be a ‘Road’ in terms of the Roads (Scotland) Act 1984 over which the public has a right of access.
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 access as a potential future link road.
3. No works shall commence on the construction of the new hotel and retail units hereby approved until an application for Road Construction Consent for the proposed rear access road has been approved by the Council as Roads Authority and an appropriate Road Bond lodged.
Reason: In the interests of road safety to ensure the necessary controls are in place to secure the necessary standard of access.
4. No works shall commence on the construction of the new hotel and retail units hereby approved until a Green Travel Plan has been submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Manager. The Travel Plan will identify the measures to be provided, the system of management, monitoring, review, the reporting and duration of the Plan and a timescale for implementation. It will incorporate measures designed to encourage modes of travel other than the private car.
Reason: In accordance with SPP18 : Planning for Transport, to encourage alternative modes of travel.
5. No works shall commence on the construction of the new hotel and retail units hereby approved until full details, including a sample, of the masonry to be used on the exterior of the building shall be submitted to and approved in writing by the Planning Authority. Such details shall show a high quality mid/dark grey coloured, split faced or weathered natural stone, unless otherwise agreed by the Planning Authority. Thereafter the building shall be constructed in accordance with the approved details.
Reason: In the interests of visual amenity to reflect the character of the streetscape and respect vernacular building finishes.
6. No works shall commence on the construction of the new hotel and retail units hereby approved the finalised schedule of exterior materials and colour scheme shall be submitted to and approved in writing by the Planning Authority. In addition to the requirements of Condition 5 above, the details shall include white painted wet dash or smooth cement render to the exterior walls, the roof finished in a dark grey natural slate and a grey coloured finish to the bay windows, unless otherwise agreed by the Planning Authority. Thereafter the building shall be constructed in accordance with the approved details.
Reason: In the interests of visual amenity to reflect the character of the streetscape and respect vernacular building finishes.
7. During the period of demolition and construction, all works and ancillary operations which are audible at the site boundary, or at such other places as may be agreed with the Council, shall be carried out only between the hours of 8.00am and 6.00pm, Monday to Friday inclusive; 8.00am and 1.00pm on a Saturday and at no time on a Sunday, or on a Bank Holiday.
Any work requiring to be carried out outwith these times shall only commence with prior written approval of the Planning Authority, in consultation with the Council’s Environmental Health Officer.
Reason: In the interests of residential amenity.
8. The use of the four ground floor retail units hereby approved shall be restricted to Class 1 (non-food) of the Town and Country Planning (Use Classes)(Scotland) Order 1997, unless otherwise first agreed in writing by the Planning Authority.
Reason: In the interests of service provision, to ensure any proposals to create fewer larger units, or food retailing units can be adequately serviced.
Note to Applicant:
- Automatic doors on all shop fronts and hotel entrance way(s)
- 5% of parking bays require 3 dedicated disabled parking bays
- location of drop down kerbs
- handrail required between drop off point and the lower hotel entrance doorway
- Hearing loop at reception and visual fire alarms required
- MacRae’s lane to be kept open and unimpeded
- Hotel lifts to be fire resistant
- Every effort made to achieve rear servicing rather than on-street servicing.
The Committee agreed the recommendation subject to the following amendments:
1. the Applicant to pay a sum for commuted parking based on a shortfall of 22 parking spaces;
2. an additional condition requiring access through MacRae’s Lane to be maintained;
3. the bin storage area to be relocated;
5.9 Applicant: Dianne Rocks (08/00119/OUTSL) (PLR-092-08 (917kb))
Location: Land to North of Coastguard Cottages, North Duntulm, Isle of Skye
Nature of Development: Erection of House
There had been circulated Report No PLR/092/08 by the Area Planning and Building Standards Manager recommending the grant of the application 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 shall show details of improvements to the access, including sections along and across. Such details shall show improvements at both forks of the access junction with the public road, to show improved visibility, reduced gradient and localised access widening and resurfacing to facilitate the passage of two cars. These details shall be submitted to and approved in writing by the Planning Authority in consultation with TECS (Roads).The development shall be carried out in accordance with the approved details.
Reason: In the interests of road safety.
3. Any details pursuant to Condition 1 above shall show a house of traditional design, form and finish and which shall incorporate the following, unless otherwise agreed in writing with the Planning Authority:
i. The building shall be rectangular in shape and gabled with a span not exceeding 7.8 metres.
ii. The building shall be single storey.
iii. The roof shall be symmetrically pitched at least 37 degrees and finished either in natural slate or a good quality slate substitute.
iv. On site parking and turning will be provided within the site for two cars.
Reason: In the interests of visual amenity.
4. The Reserved Matters referred to in condition 1 hereof shall include details full details of the proposed foul drainage arrangements, such details shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA. The scheme as may be approved shall include, a detailed survey plan showing all existing and proposed, foul and surface water soakaways and drainage pipe runs, details of the size, capacity and location and means of discharge of the drainage arrangements proposed and satisfactory percolation tests; the scheme as approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards or SEPA prior to the first occupation of the dwelling house hereby approved.
Reason: For the avoidance of pollution.
5. The sole means of vehicular access to and from the site shall be via the existing access that serves Duntulm Hotel and Bothag Cottage. No other mean of vehicular access to the site shall be made from the access that serves the current shed, No1 North Duntulm and the Coastguard Cottages.
Reason: In the interests of road safety.
Note to applicant
In the assessment of the application it was considered that whilst there was a concern regarding the intensified use of an existing substandard access. On consideration of the characteristics of the site it was felt that one additional house using the access with some commensurate improvements would not compound existing shortcomings. Any further development using this access is likely to require significant improvements to this access
The Committee agreed the recommendation.
5.10 Applicant: James MacDonald (08/000153/OUTLO) (PLR-093-08 (344kb)
Location: Land 225 m North of Carness West (Plot 3), North Ballachulish, Onich
Nature of Development: Erection of House and Extension of Private Roadway
There had been circulated Report No PLR/093/08 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-
1. Policy H8 of the Highland Structure Plan 2001 requires development proposals which involve new or improved access to serve more than 4 houses to be served by a road constructed to adoptable standards. The proposal represents the fifth house to be served by the Carness private track and does not include proposals to upgrade the private track to adoptable standard. The proposal is therefore contrary to Policy H8 of the Highland Structure Plan.
2. As the proposal will result in more than four houses being served by a private track, the proposal cannot be justified in terms of adequate access. The proposal is therefore contrary to Policy G2 of the Highland Structure Plan and Policy 3.2.13 of the Lochaber Local Plan which both seek to ensure suitable access to serve new developments.
The Committee agreed to grant the application subject to conditions, including improvements to the access and a Road maintenance Agreement, to be agreed by the Area Planning and Building Standards Manager in consultation with the Area Roads and Community Works Manager and Ward Members on the Committee.
Reason:
The application was a slight departure from Policy H8 of the highland Structure plan (2001) but is justified as it is not always reasonable to require the standard of an adopted road in developments which involve a limited number of users and are of relatively low density in a dispersed rural community.
5.11 Applicant: Mr K Fraser (08/00227/FULRC) (PLR-094-08 (4720kb)
Location: Site North East of Woodroyd, Sallachy, Dornie, Kyle
Nature of Development: Erection of House (Detail)
There had been circulated Report No PLR/094/08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. The type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.
2. Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, revised plans shall be submitted to, and approved in writing by, the Planning Authority, showing the right-hand 0.5m x 0.5m window on north-eastern elevation omitted from the proposal. Thereafter, development shall progress in accordance with the approved details/plans.
Reason: To reduce the complexity of the elevation and to ensure that the development is sensitive to its surroundings and respects the visual amenity and existing development character of the area.
3. The proposed access shall be formed in accordance with the Council’s Roads Drawing SAS1f (Figure 4 + Service Bay) prior to the commencement of all other development, with the bellmouth area surfaced in dense bitumen macadam for a distance of 5m back from the existing carriageway edge, a service bay formed at the access point to the public road, a hard-standing area for wheelie bins and shall have visibility splays of 2.5m x 105m to the south-west and 2.5m x 57m to the north-east formed from the centre line of the proposed access. Prior to all other work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
4. No development shall commence on site until a scheme providing for upgrades to the public road (including widening and surface improvement works) has been submitted to, and agreed in writing by, the Planning Authority in consultation with TECS Roads. Thereafter, the upgrades shall be provided by, or on behalf of, the applicant/developer prior to the first occupation of the dwellinghouse hereby approved.
Reason: In the interests of road safety and in accordance with the requirements of development plan and other applicable policy.
5. Parking and turning for a minimum of two vehicles shall be provided on site prior to the first occupation of the dwellinghouse hereby approved, and thereafter maintained in perpetuity.
Reason: In the interests of road safety.
6. No development shall commence on site until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:
- existing and finished ground levels in relation to an identified fixed datum;
- existing landscaping features and vegetation to be retained;
- location and design, including materials, of walls, fences and gates;
- soft and hard landscaping works, including the location, type and size of each individual tree and/or shrub
- a programme for completion and subsequent on-going maintenance.
All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.
Any trees or plants which within a period of five years from the completion of the development die or for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure the implementation of a satisfactory scheme of landscaping.
Note to Applicant:
Planning Conditions: Your attention is drawn to the conditions attached to this permission. In particular, any pre-conditions (those requiring certain works, submissions etc. prior to commencement of development) must be fulfilled prior to work starting on site. Failure to meet these conditions may invalidate your permission or result in formal enforcement action.
Scottish Water: You are advised that a supply and connection to Scottish Water infrastructure is dependent on sufficient spare capacity at the time of the application for connection to Scottish Water. The granting of planning permission does not guarantee a connection. Any enquiries with regards to sewerage connection and/or water supply should be directed to Scottish Water on 0845 601 8855.
The Committee agreed the recommendation subject to an additional condition requiring that the visibility splay is maximised to as near the recommended 105 metres as possible on land within the Applicant’s control and also over the adjacent roadside verge.
5.12 Applicant: Flora MacNiven (08/00261/FULLO) (PLR-095-08 (635kb))
Location: Former Chalet, Benlochy Cottage, 70 Camaghael, Fort William
Nature of Development: Removal of Condition 2 of 05/00399/FULLO to allow unrestricted residential use
There had been circulated Report No PLR/095/08 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reasons:-
1. The proposal, by virtue of the inadequate plot size and inadequate spacing between houses and the neighbouring holiday chalet, would jeopardise the character and amenity of the surrounding residential area, contrary to Policy 3.6.26 of the Lochaber Local Plan 1999.
2. The proposal, by virtue of the inadequate plot size, inadequate spacing between houses and the neighbouring holiday chalet, represents unsympathetic infill and over-development that would erode the character and amenity of the surrounding residential area, contrary to Policy 3.2.2 of the Lochaber Local Plan 1999.
3. The proposal, by virtue of the inadequate plot size and inadequate spacing between houses and the neighbouring holiday chalet, would generate mutually adverse impacts on privacy and residential amenity at the application site and adjacent residential property.
4. If approved, the application would create a precedent for unsympathetic infill and over-development, making it difficult to resist similar unacceptable proposals, which would undermine the provisions of the adopted development plan and further jeopardise the character and amenity of the existing residential area.
Mr William Clark, seconded by Mr Eddie Hunter moved that the application be granted subject to conditions to be agreed by the Area Planning and Building Standards Manager in consultation with Ward Members on the Committee.
Reason:
The house is sympathetic to the character and amenity of the area, has perfectly good access and would bring on to the market a much needed affordable house.
Mr David Chisholm, seconded by Mr Peter Cairns, moved as an amendment that the recommendation be agreed.
Votes were cast as follows:
For the motion (8) :
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr William Clark
Mr Hamish Fraser
Mr Eddie Hunter
Mrs Audrey Sinclair
Mr Allan Henderson
For the amendment (4):
Mr Peter Cairns
Mr David Chisholm
Mrs Isobel McCallum
Mr Ian Renwick
Accordingly the motion became the finding of the meeting.
5.13 Applicant: Mr S Grigor (08/00404/FULRC) (PLR/096/08)
Location: Derelict House Site at Corslet Farm, Rosemarkie
Nature of Development: Demolition of Derelict House and Erection of Replacement House (Detail)
There had been circulated Report No PLR/096/08 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-
1. The Council’s ‘Road Guidelines for New Developments’ require visibility splays of 2.5m x 180m in both directions. However, these splays are limited to 2.5m x 70m to the north of the access junction. Without adequate visibility splays, there is an increased danger of users entering the traffic stream without fully assessing the presence of oncoming vehicles. This situation would be detrimental to the safely of road users and thus the proposal fails to meet with the Council’s Road Guidelines for New Developments or Policy GSP16: Transport of the Ross & Cromarty East Local Plan.
2. The Council’s ‘Road Guidelines for New Developments’ require all new service bays and junction bellmouths (and those existing where an intensification in use is proposed) to be fully compliant in terms of geometry and gradients. In this particular case, the junction must meet the public road at an angle of 90°; however as existing and proposed, it falls significantly short of this requirement. Without compliant junction geometry, there is an increased danger of users entering the traffic stream without having sufficient room in which to manoeuvre safely. This situation would be of detriment to the safety of road users and thus the proposal fails to meet with the Council’s Road Guidelines for New Developments or Policy GSP16: Transport of the Ross & Cromarty East Local Plan.
3. The requirement for those vehicles entering the junction from the north to swing across the path of oncoming traffic via the turning circle, before eventually crossing the bellmouth at low speed, gives rise to an increased likelihood of other north-bound road users encountering slow-moving or stationary traffic head-on. This falls significantly short of the Council’s Road Guidelines for New Developments and Policy GSP16: Transport of the Ross & Cromarty East Local Plan; it is of clear detriment to road safety.
The Committee agreed to defer consideration of the application to allow discussion on the provision of acceptable access improvements including a turning area and, if agreement could be reached, to grant the Area Planning and Building Standards Manager delegated power to approve the application.
The meeting closed at 1500.