Committees

Agenda

Minutes of Meeting of the Ross, Skye and Lochaber Planning Committee held in the Council Chamber, Council Offices, Lochaber House, Fort William on Tuesday, 4th November 2008 at 10.30 am.

Committee Members Present

Mr Billy Barclay

Mr Peter Cairns (by video conferencing from Dingwall)

Mr Donald Cameron

Mrs Isabelle Campbell

Mr David Chisholm

Mr William Clark

Mr Michael Foxley

Mr Eddie Hunter

Mr Ian Renwick

Mrs Audrey Sinclair

Officials in attendance:

Mr Alaisdair Mackenzie, Area Solicitor

Mr Dafydd Jones, Area Planning and Building Standards Manager

Ms Susan Poole, Team Leader

Mr Jim Tolmie, Area Roads and Community Works Manager

Mr Colin Wishart, Principal Officer (Coastal)

Business

1. Apologies for Absence

Apologies for absence were intimated on behalf of Mr Hamish Fraser and Mrs Isobel McCallum.

2. Confirmation of Minutes

There had been circulated for confirmation the Minute of the Meeting of the Committee held on 7th October 2008.

The Minute was held as read and APPROVED.

3. Matters Arising

3.1 Applicant: Mr P Walker (07/00407/FULLO)
Location: No 2, Oak Villa, Invergarry
Nature of Development: Formation of New Access onto A87

The Committee AGREED to NOTE that the Scottish Ministers had resolved to refuse the Application because of road safety concerns and was contrary to SPP17 and PAN66.

4. Continued Items

4.1 Applicant: Marine Harvest (Scotland) Ltd (08/00068/FULLO)
Location: Linnhe Farm, Ardgour, Fort William
Nature of Development: Siting of Four Storage Silos and Feed Distribution System

There had been circulated Report No PLR-104-08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. The feed distribution system hereby approved shall not be installed until Consent in terms of Section 34 of the Coastal Protection Act 1949 has been issued by the Scottish Government relating to the feed distribution system, in particular the pipe from the foreshore to the first cage group.

Reason: In the interests of navigational safety.

2. Prior to the commencement of works on the installation of the silos and feed distribution system hereby approved a noise report, prepared by a competent person (such as an acoustic consultancy) shall be submitted to and approved in writing by the Planning Authority, unless otherwise agreed. The noise report shall include a description of the development in terms of noise sources and any noise mitigation methods to be employed, current ambient noise levels and background noise, predicted noise levels resultant at neighbouring noise sensitive premises for the operations phase of the development, and generally the report should have appended to it the actual noise levels and equations used in the calculation of predicted noise levels. Thereafter any agreed mitigation works shall be fully implemented prior to the first operation of the feed distribution system and the site operated in accordance with the agreed details.

Reason: In the interests of residential amenity.

3. The feed distribution pipe from the silos to the cages shall be a dark grey/black colour and shall be sited on the foreshore immediately adjacent to and parallel with the existing pontoon, unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity.

Within one month of the date of first operation of the feed distribution system hereby approved the redundant plant and machinery specified in the applicant supporting statement received on 21st April 2008 shall be permanently removed from the site, namely : three feed rafts, three generators, two cranes, and two powerpacks, unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interest of visual amenity in order to offset the visual impact of the current proposal.

4. Prior to the commencement of works on site full details of a landscaping scheme for the land base shall be submitted to and approved in writing by the Planning Authority. Such details shall show tree planting to consolidate and extend the screen planting around the area of the approved silos, and shall include the age, species and location of each individual tree. Thereafter the approved landscaping scheme shall be fully implemented within the first planting and seeding season following siting of the silos.

Reason: In the interests of visual amenity.

5. Within six months from the date of this permission, subject to the consent of the Crown Estate, six new moorings between the fish cages and the Corran pier shall be laid, and thereafter retained in perpetuity, unless otherwise first agreed in writing by the Planning Authority.

Reason: To mitigate navigational safety issues.

6. At the time of laying the approved feed pipe, marker buoys shall be placed along the route of the submerged feed pipe, at intervals of 4m, and retained in perpetuity, unless otherwise first agreed in writing by the Planning Authority.

Reason: To mitigate navigational safety issues.

The Committee AGREED the recommendation subject to condition 6 being amended by adding the words “and maintained annually” after the word “retained”.

5. Appeals

5.1 Applicant: Mrs M Robertson (07/00227/OUTSL)
Location: Land at No 7 Kylerhea
Nature of Development: Erection of House (Outline)

The Committee AGREED to NOTE that the appeal had been allowed.

6. 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.

7. Applications

7.1 Applicant: Helmsley Acceptances Ltd (08/00562/OUTRC)
Location: Development Site to North of and Including Stromeferry Hotel, Stromeferry
Nature of Development: Reinstatement and Extension of Stromeferry Hotel as a Guest House with Restaurant/Café, Demolition of White Lodge, Erection of Eighteen Houses (Outline)

There had been circulated report No PLR-105-08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to a Section 75 Legal Agreement to secure the following:-

1. That the remaining fabric of hotel building be maintained in a safe, secure and weather-tight condition until either a reserved matters application for the reinstatement and extension of the hotel as a guesthouse with restaurant/café has been approved by the Planning Authority and construction work under that approval has commenced on-site.

2. That development shall not commence on the terraced houses or the houses falling within the ‘approximate area for 10 detached dwellings’ until a reserved matters application for the reinstatement and extension of the hotel as a guesthouse with restaurant/café has been approved by the Planning Authority.

3. That the terraced houses and the houses falling within the ‘approximate area for 10 detached dwellings’ shall not be occupied until the reinstatement and extension of the hotel as a guesthouse with restaurant/café has been substantially completed.

4. The first five units of the area designated as ‘approximate area for 10 detached dwellings’ on the approved plans shall be set-aside as affordable housing (as per the definition outlined in the Council’s Supplementary Affordable Housing Guidance).

5. A waste water treatment works constructed to Scottish Water adoptive standards - with capacity for the entire development – shall be provided by the developer prior to the first occupation of any of the terraced houses, the hotel/guesthouse complex or the houses falling within the ‘approximate area for 10 detached dwellings.

and the following conditions:

1. That a further application shall be submitted to the local Planning Authority,
together with the requisite detailed plans to include:

(a) Plans, sections and elevations of the proposed buildings, and colour and
type of materials to be used externally on walls and roofs;

(b) Detailed layout of the site as a whole, site levels existing and proposed,
including provision for car parking, details of accesses, turning areas and
details of all fences, walls and hedges;

(c) Landscaping proposals including existing trees to be maintained and
proposed tree and shrub planting to be carried out;

These are RESERVED MATTERS to this Outline Application and no work on the site shall commence until the written approval of the Highland Council, as Planning Authority has been given

Reason: Permission is hereby granted in outline only and the above details are therefore required in order to make a full assessment of the development proposal at the reserved matters stage.

2. Any details pursuant to Condition 1 above shall reflect the general principles of the Design Statement and Master Plan submitted as part of this outline application and in addition, notwithstanding those documents, shall show a development(s) which incorporates the following elements:

- walls finished in a white wet dash render/smooth coursed cement
render/natural stone;

- roof coverings of natural slate;

- single storey or 1½ storeys in height;

- windows with a strong vertical emphasis;

- traditional "peaked" roof dormers and porches where appropriate;

- roofs symmetrically pitched of not less than 37° and not greater than 45°;

- buildings which are predominantly rectangular in shape with traditional gable
ends;

- site layouts and plot ratios respectful of the character of existing
development and their rural setting.

Reason: In the interests of visual amenity in order to reflect the vernacular building traditions of the area and integrate the proposal into its landscape setting.

3. For the avoidance of doubt, no commitment is hereby given to any of the access/street layouts, house footprint dimensions or house-to-plot ratios depicted on the indicative plans.

Reason: In the interests of visual amenity, residential amenity and for the avoidance of doubt as these matters are to be considered under reserved matters.

4. Any details pursuant to Condition 1 above shall include detailed capacity figures (including the total number of bedrooms) for the proposed hotel/guesthouse complex.

Reason: In order that access, parking, fresh and waste water requirements can be calculated and assessed.

5. Any details pursuant to Condition 1 above shall, for the three houses designated as having ‘potential for home-office use’, show houses with at least one ground-floor room set-aside for home office use under Class 2 of the Town & Country Planning (Use Classes) (Scotland) Order 1997 (as amended).

Reason: In order to comply with local plan policy; which requires development to provide employment opportunities.

6. Any details pursuant to Condition 1 above shall include full details of any external lighting/street lighting to be used within the site or along its access roads. Such details shall include full details of the location, type, angle of direction and wattage of each light which shall be so positioned and angled to prevent any glare or light spillage outwith the site boundary.

Reason: In order to avoid the potential of light pollution infringing on surrounding land uses/properties.

7. Any details pursuant to Condition 1 above shall include a scheme of hard and soft landscaping works. Details of the scheme shall include:

i. for each site, existing and finished ground levels in relation to an identified
fixed datum and showing the nearest public road.
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. 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.

8. Any details pursuant to Condition 1 above shall include a Woodland Management Plan, drafted in consultation with the local Community Council, which includes the follows:

(a) A map of the entire woodland area under the ownership/control of the
applicant;

(b) A detailed five-year schedule of management operations;

(d) A community amenity/play area within the woodland;

(e) A list of long-term objectives; and

(f) A Factoring arrangement (or otherwise) for the future implementation of
the plan;

In addition, the Woodland Management Plan should include full details of a network of footpaths throughout the woodland which link the new developments with the main street, railway station, pier and other public locations as appropriate. These footpaths should, where practicable, reflect and build upon those outlined in the Design Statement submitted with the application and it should be demonstrated that they enable enhanced community use of the woodland. All footpaths shall be maintained in an open state for use by residents and members of the general public alike and their up-keep must form part of any agreement enacted under part (f) above.

Reason: To secure the long-term management of the woodland within the application site, which is vital to the visual amenity of the area. In the interests of residential amenity and to ensure suitable community woodland links/facilities are maintained/enhanced by this development.

9. No trees, within the application site shall be lopped (including roots), topped, felled, uprooted or wilfully damaged in any way without the prior written consent of the Planning Authority.

Reason: The landscape features to be protected are important to the appearance and character of the site and the surrounding area and are required to successfully integrate the proposals with their surroundings.

10. Any details pursuant to Condition 1 above shall show a detailed site layout informed by, and reflective of, otter, badger and pine martin surveys. These surveys shall be carried out by a suitably qualified person no more than 6 weeks prior to the submission of any reserved matters application to the satisfaction of the Planning Authority in consultation with Scottish Natural Heritage and shall appraise the site in terms of its use by any such species and also make recommendations for suitable mitigation measures where necessary. The surveys themselves must also accompany any reserved matters application.

Reason: To ensure that none of these protected species are wilfully disturbed by the development hereby approved.

11. Prior to the commencement of development, all retained trees within 20m of any development are to be protected against construction damage using Herras fencing secured to fixed posts and located beyond the Root Protection Area (in accordance with BS5837:2005 Trees in Relation to Construction). Fencing shall be inspected, and approved in writing by, the Forestry Officer prior to commencement of ground works.

Reason: To ensure the protection of retained trees during construction.

12. Prior to the commencement of development, a programme of archaeological work for the preservation and recording of any archaeological features affected by the proposed development, including a timetable for investigation, all in accordance with the attached specification, shall be submitted to, and approved in writhing by, the Planning Authority. All arrangements thereby approved shall be implemented by the developer at his own expense in accordance with the approved timetable for investigation.

Reason: To protect the archaeological and historic interest of the site.

13. The entire development hereby approved shall be served by a shared Waste Water Treatment Works (WWTW) constructed to Scottish Water adoptive standards and provided by the applicant, subject to the following phasing agreement:

(i) that the three houses designated as having ‘potential for home-office use’
    and the two detached houses to the south of the application site and
    falling outwith the ‘approximate area for 10 detached dwellings’ may utilise
     individual private foul drainage systems for a temporary period. This
    temporary period shall cease when the shared WWTW becomes functional;
    after which the private systems shall be removed in their entirety, to the
    satisfaction of the Planning Authority, and foul drainage connections made
    to the shared WWTW;

(ii) that the shared WWTW is fully functional prior to the first occupation of
     the hotel/guesthouse complex, the three terraced houses and the ten
   houses located within the ‘approximate area for 10 detached dwellings’,
    with foul drainage from these sites being connected directly into the
    shared system;

(iii) that no development shall commence with respect to the developments
    outlined in part (ii) above until evidence is exhibited to and accepted by
    the Planning Authority in writing that an agreement has been reached
    between the applicant and Scottish Water for the adoption of the
    proposed WWTW.

Reason: In order to ensure that an adoptable shared foul drainage system, as required by SEPA, is implemented timeously; and to allow a proportion of the development to progress in advance of the shared system. In the interests of environmental protection and residential amenity.

14. Any details pursuant to Condition 1 above shall show surface water drainage measures inline with Sustainable Urban Drainage Systems (SuDS) best practice. These measures should build upon proposals contained within the Drainage and Design Statements submitted with this application.

Reason: In the interests of environmental amenity and to ensure a sustainable approach to surface water is implemented.

15. Prior to the commencement of development, a method statement for the storage of materials on-site, arrangements for waste disposal (which shall specifically exclude on-site burning) and construction working hours shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with this approved method statement.

Reason: In order to protect the visual, environmental and residential amenities of the area.

16. Any details pursuant to Condition 1 above shall include a comprehensive engineer’s survey/report (including scaled drawings and sections) confirming that mitigation measures and retaining walls for all site works affecting slopes, banks or cuttings are suitable/fit for purpose.

Reason: In the interests of health and safety.

17. Any details pursuant to Condition 1 above shall show vehicular accesses formed in accordance with the Council’s Road Guidelines for New Developments and TECS Roads’ Drawing SAS1f. In addition:

(i) Each access proposal shall be accompanied by an Engineer’s
    Report/Assessment certifying the details of any earthworks, slope
    protection measures and retaining structures (including sections) relating to
    its construction;

(ii) On-site parking and turning for a minimum of two cars shall be provided for
each dwellinghouse (with additional road-side winter parking where
necessary);

(iii) On-site parking and turning commensurate to its scale shall be provided for
the hotel/guesthouse complex;

All access, parking and turning infrastructure shall be provided in full prior to the first occupation of the section of development to which it relates, and thereafter be maintained in perpetuity.

Reason: In the interests or road and public safety; to ensure suitably compliant access is provided at safe gradients, with acceptable levels of visibility, acceptable geometry and safe supporting infrastructure.

18. Prior to the first occupation of the hotel/guesthouse complex, the three terraced houses and the ten houses located within the ‘approximate area for 10 detached dwellings’, a bus shelter shall be provided by the applicant/developer alongside the Stromeferry public road junction, to the satisfaction of the Planning Authority in consultation with TECS Roads.

Reason: In the interests of amenity and to encourage the use of public transport.

19. All public signage within the development hereby approved shall be bilingual, with Gaelic and English afforded equal weight and importance, and shall conform to the standards outlined in Highland Council’s Gaelic Language Plan.

Reason: In order to comply with policy BC6 of the Highland Structure Plan and the Highland Council Gaelic Language Plan.

It is further recommended that should the Section 75 agreement not be concluded within 6 months of the date of this committee meeting, the application be refused under powers delegated to the Area Planning & Building Standards Manager for reasons to be agreed at that time between the Area Planning and Building Standards Manager, the Chair of this Committee and the four Ward Members.

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.

Section 75 Legal Agreement: You are advised that this planning permission has been granted subject to a Section 75 Legal Agreement. The terms of the agreement must be read in conjunction with the planning permission hereby approved. The terms of the Agreement may affect further development rights or land ownership and you are therefore advised to consult with the Planning Authority if considering any further development.

Flood Risk: It is important to note that the granting of planning permission does not imply there is an unconditional absence of flood risk relating to (of emanating from) the application site. As per Scottish Planning Policy 7: Planning & Flooding, planning permission does not remove the liability position of developers or owners in relation to flood risk

Watercourse Engineering: You are advised that a Controlled Activities Licence may be required for any watercourse engineering proposals within the application site. You should consult with the Scottish Environment Protection Agency (SEPA) at an early stage regarding this matter.

Disabled Access: The Ross and Cromarty Disabled access Group have viewed the application and intimated a wish to be consulted on detailed proposals prior to the submission of reserved matters. You are advised to make early contact with this organisation in order that their guidance and expertise can be woven into details proposals in due course.

Street Lighting: Given the rural location of Stromeferry, and the potential for off-site glare and light spillage, it would not be appropriate from the development hereby approved to be serviced by full street lighting. The applicant is therefore encouraged to keep external lighting proposals to a bare minimum.

The Committee AGREED the recommendation subject to:

1. Clause 3 of the requirements for the Section 75 Agreement being
deleted;

2. Condition 17 to make reference to a Road Construction Consent being
required for 10 houses;

3. The Applicant to provide a Bus Shelter at the junction with the A890
public road;

4. The existing Section 75 Agreement being discharged once the new
Agreement was in place;

5. The Section 75 Agreement being at the Applicant’s expense;

7.2 Applicant: Edward Tweedie (08/00041/FULSL and
08/00073/CONSL)
Location: 1 Bosville Terrace, Portree, Isle of Skye
Nature of Development: Erection of Replacement House

There had been circulated Report No PLR-106-08 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, notwithstanding the details shown on the approved drawings, details of all external materials to be used in the construction of the building, such details shall include all external wall and roof finishes, including their colour appearance and texture, verge and soffit detailing and all stained wood finishes, shall be submitted to and approved in writing by the Planning Authority prior to work starting on site. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area.

2. The roof shall be covered with natural slate of a colour, size and thickness, details of which shall be submitted (with samples provided if requested) and approved by the Planning Authority in writing prior to work starting on site. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area.

3. Prior to the commencement of development, notwithstanding the details on the approved plans, details of all timber exterior doors and all other external joinery including finishes and colour shall be submitted in the form of drawings scale 1:20 and shall be submitted to and approved by the Planning Authority in writing prior to work starting on site. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area.

Prior to the commencement of development, notwithstanding the details on the approved plans the windows shall be vertically sliding timber sash and case windows. Details of all the windows, including the size of windows, size of mullions, numbers of astragals, which shall physically divide the window into separate panes, method of opening, depth of recess and colour shall be submitted in the form of drawings scale 1:20 and shall be submitted to and approved by the Planning Authority in writing, prior to work starting on site. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area.

4. Prior to the commencement of development, notwithstanding the details on the approved plans, details of all external ironmongery and rain water goods including finishes and colour shall be submitted in the form of drawings scale 1:20 and shall be submitted to and approved by the Planning Authority in writing prior to work starting on site. The development shall be carried out in accordance with the approved details.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area.

5. Prior to the commencement of development, details of surfacing and drainage of the proposed car parking area, shall be submitted to and approved by the Planning Authority in writing prior to work starting on site. The approved parking arrangement shall be used solely for residential purposes ancillary to the development hereby permitted. The development shall be carried out in accordance with the approved details and retained in perpetuity.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area.

6. Prior to the commencement of development, full details of safety barrier(s) and fencing of the proposed car parking area, shall be submitted to and approved by the Planning Authority in writing prior to work starting on site. The approved car safety barrier/fencing parking arrangement shall be designed by a qualified engineer. The development shall be carried out in accordance with the approved details and retained in perpetuity.

Reason: In the interests of visual amenity of the locality, that forms part of the Portree conservation area and in the interests of safety of users of the car park.

7. Within one month of date of this permission, the applicant shall submit a method statement and scheme of traffic management and site management, covering the period from the time of the demolition, clearing of site, pouring foundations, construction of walls and roof to finishing and completion and redevelopment of the site. Such a scheme shall detail the following:

- Safeguarding of the pedestrian access along the site frontage during both
demolition and construction works.
- Traffic management of all deliveries and materials to and from the site.
- Storage of materials on site.

Reason: In the interests of road and pedestrian safety.

8. Within one month of date of this permission, the applicant shall submit a method statement of all proposed rock excavation and removal and appropriate site management, Such a scheme shall detail the following:

- Detailed certified engineering drawings showing the extent and depth of
rock excavations, calculations of rock stability, retaining wall structures.
- Method of rock breaking, storage and removal of arisings.
- Protection of adjacent properties from noise and vibration.

Reason: In the interests of residential amenity and to ensure that neighbouring land interests and or property are damaged by the proposed rock removal.

9. No construction or demolition work shall take place except between the hours of 8.00 am to 6:00pm Mondays to Fridays and 8-00am to 1-00pm on Saturdays and not at all on Sundays or Bank Holidays, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of the amenity of adjoining residential and guesthouse accommodation.

10. The use of flood lights during demolition and construction operations shall be such as to ensure that there is no diffuse light pollution. The lighting units shall require light deflector shields to direct the light & reduce light pollution and glare.

Reason: To safeguard the amenity of the area, reduce dazzle and/or distraction of pedestrians or motorists in the area.

The Area Planning and Building Standards Manager advised the Committee that the AHSS had provided additional comments on the revised plans but remained opposed to the application.

The Committee AGREED the recommendation subject to:

1. An additional condition restricting the use of the building to a private
dwellinghouse with no B&B or similar business permitted;

2.   Condition 8 being amended by replacing the words “within one month of
     the date of this permission” with “prior to the commencement of the
     development”;

3. An additional footnote to the Applicants to the effect that any internal
modifications may require planning permission.

7.3 Applicant: Mrs Isa Nicolson (08/00031/FULSL)
Location: 2 and Half of 3 Peinaha, Glenhinnisdal, Isle of Skye
Nature of Development: Erection of House

There had been circulated Report No PLR-107-08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

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.

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 are required. The details shall include sections along and across the improved access, the daylighting earthworks to be undertaken to the roadside embankment. The Service bay shall be located to the southwest side of the new access centreline and the road shall be widened to facilitate swept path access to long vehicles on the private road curve. A 500mm diameter culvert shall be installed beneath the proposed access and service bay with suitably constructed headwalls to be provided at each end of the culvert. The development shall be carried out in accordance with the approved details.

Reason: In the interests of road safety.

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.

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: In the interests of public health and amenity.

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 or 11/2 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. The building shall be set back as much as possible within the confines of
the site.

v. On site parking and turning will be provided within the site for two cars.

Reason: In the interests of visual amenity.

The Committee AGREED the recommendation.

7.4 Applicant: Mr and Mrs E D MacMillan (07/00531/OUTLO) and Mr Dyer and Ms M Wagenaar (08/00264/FULLO)
Location: Land West of Smiddy Flats, Arisaig and Land South East of Old Post Office, Arisaig
Nature of Development: Erection of House and Erection of House

There had been circulated Report No PLR-108-08 by the Area Planning and Building Standards Manager recommending the grant of the applications subject to the following conditions:-

Application 07/00531/OUTLO:

1. Standard condition and reason.

2. In addressing the terms of condition 1, above, the house shall be designed
within the following parameters:

- The house shall be not more than 1½ storeys in scale.
- The house shall sit with its main ridge generally parallel to the public road
passing the southern site boundary.
- External building span (excluding any projections which may be approved)
shall not exceed 7.8 metres.
- Roof pitch to be between 40 and 45°.
- Roof finish to be dark grey natural slate.
- External walls shall be finished in white painted wet dash roughcast or
smooth masonry render.
- If chimneys are incorporated, they shall be set squarely on the main building
ridge.
- Window openings shall have a vertical emphasis.
- The existing natural stone wall shall be retained along the site frontage.

Reason: To ensure suitable integration with the landscape setting of the site.

3. As details pursuant to condition 1 above, minimum of two cross sections running north to south through the site showing existing ground levels, proposed ground levels, proposed ground floor level and the access levels all relative to a fixed datum point, shall be submitted to the Planning Authority. The development shall be completed in strict accordance with such details as are approved.

Reason: To ensure suitable integration with the landscape setting of the site.

4. Prior to the commencement of development, the shared site entrance (shared with site 08/00264/FULLO) shall be formed in strict accordance with the attached Road Schedule dated [enter date], with the exception of the final bituminous surfacing, which must be completed prior to the initial occupation of the house hereby approved.

Reason: In the interests of road safety.

5. No development or site clearance shall commence or is hereby authorised until, the existing wall running alongside the public road adjacent to Smiddy Flats, Arisaig, is lowered to a height not exceeding 1.0m above the immediately adjacent carriageway level to the satisfaction of the Planning Authority in consultation with the Area Roads Manager.

Reason: To ensure that safe visibility can be achieved from the proposed site entrance, before any works commence, in the interests of road safety.

6. As details pursuant to condition 1 above, full details of the proposed means of surface water drainage shall be submitted to the Planning Authority. Such details as are approved must be fully installed prior to the initial occupation of the house hereby approved.

Reason: To ensure surface water drainage arising from the development is adequately managed.

7. Notwithstanding the provisions of Class 1 (alterations and extensions) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, no alterations or extensions may be formed at the house hereby approved unless otherwise first agreed in writing by the Planning Authority.

Reason: To prevent overdevelopment of the site or overlooking of neighbours that could otherwise occur.

8. Notwithstanding the provisions of Class 3 (outbuildings) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, no outbuildings may be formed at the house hereby approved unless otherwise first agreed in writing by the Planning Authority.

Reason: To prevent overdevelopment of the site that could otherwise occur.

Note to applicant relative to application 07/00531/OUTLO

NB1 – in addressing the terms of condition 3 above, the applicant should be aware that the Planning Authority will support a house at a low level only, compatible with adjacent building levels. Rock extraction may be necessary to achieve an acceptable design solution.

NB2 – Whilst not objecting to the planning application, Scottish Water advise that this does not guarantee a connection to their infrastructure, which is dependant upon capacity being available at the time of an application directly to them. Sufficient capacity exists within the water and waste water networks at present and there may be issues within those networks. The applicant should contact Scottish Water directly on tel. 0845 601 8855 to discuss these matters.

Application 08/00264/FULLO:

1. Unless otherwise first agreed in writing by the Planning Authority, or as amended by the conditions below, the development shall be completed in strict accordance with “plan 2 of 10, 3 of 10, 4 of 10, 5 of 10, 6 of 10, 7 of 10 and 8 of 10 received on 9th July 2008” attached hereto.

Reason: To ensure suitable integration with the landscape setting of the site.

2. Notwithstanding the details shown in “plan 9 of 10 received on 9th July 2008” attached hereto, a minimum of two cross sections running north to south through the site showing existing ground levels, proposed ground levels, proposed ground floor level and the access levels all relative to a fixed datum point, shall be submitted to the Planning Authority. The development shall be completed in strict accordance with such details as are approved.

Reason: To ensure suitable integration with the landscape setting of the site.

3. Prior to the commencement of development, the shared site entrance (shared with site 07/00531/OUTLO) shall be formed in strict accordance with the attached Road Schedule dated [enter date], with the exception of the final bituminous surfacing, which must be completed prior to the initial occupation of the house hereby approved.

Reason: In the interests of road safety.

4. No development or site clearance shall commence or is hereby authorised until the existing wall running alongside the public road adjacent to Smiddy Flats, Arisaig, is lowered to a height not exceeding 1.0m above the immediately adjacent carriageway level to the satisfaction of the Planning Authority in consultation with the Area Roads Manager.

Reason: To ensure that safe visibility can be achieved from the proposed site entrance, before any works commence, in the interests of road safety.

5. Prior to the commencement of development, full details of the proposed means of surface water drainage shall be submitted to and approved in writing by the Planning Authority. Such details as are approved must be fully installed prior to the initial occupation of the house hereby approved.

Reason: To ensure surface water drainage arising from the development is adequately managed and because this information is missing from the application submitted to date.

6. Prior to the commencement of development, an amended first floor plan and side elevations, showing first floor bedroom 1 windows W15, W19, and W20 deleted, shall be submitted to and approved in writing by the Planning Authority. The development shall thereafter be completed in strict accordance with the amended plans and first floor bedroom 1 windows W15, W19, and W20 must not be installed.

Reason: To prevent overlooking of neighbouring residential property that could otherwise occur.

Reason: To prevent overdevelopment of the site or overlooking of neighbours that could otherwise occur.

Reason: To prevent overdevelopment of the site that could otherwise occur.

9. The existing natural stone wall along the site frontage shall be retained in perpetuity, unless otherwise first agreed in writing by the Planning Authority.

Reason: To ensure suitable integration with the landscape setting of the site and to retain this attractive feature which is considered important to the character of the village.

Note to applicant relative to application 08/00264/FULLO

NB1 – in addressing the terms of condition 2 above, the applicant should be aware that the Planning Authority will support the house at a low level only, compatible with adjacent building levels. It is considered that the submitted cross-section illustrates the floor level too high to be accepted at present.

The Committee AGREED the recommendation subject to an additional condition for each consent requiring the submission of a statement and scheme of traffic management and site management.

7.5 Applicant: Lochiel/Achnacarry Estate (08/00183-189/OUTLO)
Location: Land 60 m West of Tigh Aisling, Banavie, Fort William
Nature of Development: Erection of 7 Houses

There had been circulated Report No PLR-109-08 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-

1. The site lies within the hinterland of Fort William as defined by the Development Plan, within which new housing and conversions of non-traditional buildings in the open countryside will not be permitted, unless it can be demonstrated that it is required for the management of the land and related family purposes. No such justification has been demonstrated in this respect. The proposal is therefore contrary to the provisions of Policy H3 of the approved Highland Structure Plan 2002.

2. The site lies within the hinterland of Fort William as defined by the Development Plan, where there is a presumption against new development in the countryside around Fort William up to 10 miles from the town where house building will be directed to communities. In this respect the Lochaber Local Plan has not identified Erracht as a community. Exceptions to this policy will only be made where a house is essential for the management of land, related family and occupational reasons. No such justification has been demonstrated in this respect. The proposal is therefore contrary to the provisions of Policy 3.2.14 of the adopted Lochaber Local Plan 2002.

3. The site lies within the hinterland of Fort William as defined by the Development Plan, where there is a presumption against new development in the countryside around Fort William up to 10 miles from the town where house building will be directed to communities. In this respect the Lochaber Local Plan has not identified Erracht as a community. Exceptions to this policy will only be made where a house is essential for the management of land, related family and occupational reasons, is required to meet demonstrable local affordable housing need, is needed in association with an existing or new rural business, is a replacement house, or is redevelopment of derelict land, or is part of a planned new settlement. No such justification has been demonstrated in this respect. The proposal is therefore contrary to the supplementary Development Plan Policy Guidance : Housing in the Countryside.

Following discussion, Mr Eddie Hunter, seconded by Mr Bill Clark MOVED that the application be granted subject to the prior conclusion of a Section 75 Agreement, at the Applicant’s expense, to secure compliance with the Council’s Policy on affordable Housing and conditions to be agreed by the Area Planning and Building Standards Manager and the Area Roads and Community Works Manager in consultation with the Chairman and the ward members on the Committee.

Reasons

1. The land is zoned within the draft West Highlands and Islands Local Plan;

2. Erracht is an existing settlement with some eight houses;

3. The precedent for development at Erracht is long established;

4.      The application is justified in terms of the management of the land and
        related family purposes, i.e. for the refurbishment and development of
        the Estate;

5.      This enabling consent whilst a departure from the current Local Plan is
        supported by the draft West Highlands and Islands Local Plan and can
        be justified;

6. The Council’s Policy of affordable housing will be incorporated into the
development;

As an AMENDMENT Mr Michael Foxley, seconded by Mr Peter Cairns, moved that the recommendation be agreed with the following additional reasons for refusal:

1. Overdevelopment;

2. Poor layout which doesn’t comply with the settlement pattern;

3. The lack of affordable housing units in the application;

Votes were cast as follows:

For the MOTION (6)

Mr Billy Barclay

Mr Donald Cameron

Mrs Isabelle Campbell

Mr Bill Clark

Mr Eddie Hunter

Mrs Audrey Sinclair

For the AMENDMENT (4)

Mr Michael Foxley

Mr Peter Cairns

Mr David Chisholm

Mr Ian Renwick

Accordingly the MOTION became the finding of the meeting.

The Committee FURTHER NOTED that the application would require to be referred to the Scottish Ministers as approval was a significant departure to Policy.

7.6 Applicant: Mr N Cameron and Mrs C MacWilliam (08/00191/OUTLO)
Location: Site 125 m North West of Failte, Treslaig, Fort William
Nature of Development: Erection of 2 Houses and Separate Garage

There had been circulated Report No PLR-110-08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. Prior to commencement of development, full details of the proposed boundary treatment shall be submitted to and approved in writing by the Planning Authority. The scheme as may be approved shall be fully implemented to the satisfaction of the Planning Authority within three months of the first occupation of either house hereby approved.

Reason: In the interests of visual amenity and to integrate the proposal into its landscape setting.

2. Prior to the commencement of development, the position of the building hereby approved shall be pegged out on site and agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity and to integrate the proposal into its landscape setting.

3. Prior to the commencement of any works on site, full details of the proposed drainage arrangements including the size, capacity and location and means of discharge of the proposed drainage arrangements proposed and details of a maintenance agreement with all affected parties thereafter, shall be submitted to and approved by the Planning Authority in consultation with SEPA. The development shall be completed in strict accordance with such details as are approved prior to the initial occupation of either house hereby approved.

Reason: To ensure that foul drainage arising from the development is safely and hygienically disposed of.

4. Prior to commencement of works on site, a revised site plan showing the proposed access re-located further north within the site, shall be submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Manager. The approved scheme shall be fully implemented to the satisfaction of the Planning Authority in consultation with the Area Roads Manager prior to the occupation of either dwelling house hereby approved and shall be so maintained thereafter in perpetuity.

Reason: In the interests of road safety.

5. Prior to the first occupation of the houses hereby approved, the access onto the A861 public road shall be constructed in accordance with the attached Road Schedule dated 4th June 2008, including partial demolition of an existing cottage south-east of the site entrance to allow sufficient visibility splays to be established. The access shall thereafter be maintained in strict accordance with the Schedule in perpetuity.

Reason: In the interests of road safety.

6. Notwithstanding the details shown in “plan Nos SE07/04/044/AO3 & AO4 received on 30 September 2008 and 26 September 2008 respectively” attached hereto, all windows shall be installed with a horizontal transom (close to the centre of the window units) in accordance with details that shall first be submitted to and approved in writing by the Planning Authority. The windows shall be so maintained thereafter in perpetuity unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity and to retain some of the character features included in the previous approval, without which the building design is considered bland.

Note to Applicant

NB1 – Scottish Water, whilst having no objections to the application, does not guarantee a connection to its infrastructure. They have confirmed that Camisky Wellfield Water Treatment Works have sufficient capacity to service the proposed development, however, there may be issues within their Water Network. In view of the possible network issues, it will be necessary for the developer to ensure that this development will not have any detrimental impact on the water services that Scottish Water currently provide to their existing customers. The developer will be required, as part of any network upgrading work, to provide a solution that would prevent or mitigate any further impact. In this regard, the applicant is advised to contact Scottish Water, Planning & Development Services, 419 Balmore Road, Glasgow, G22 6NU, telephone 0845 601 8855. Additional information is available on: www.scottishwater.co.uk

NB2 – the Planning Authority is aware of existing legal agreements in terms of partial demolition of the nearby cottage to address condition 5 above.

Please note: Your attention is drawn to the conditions attached to this permission. 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.

The Committee AGREED to DEFER to allow the Applicant to reduce the size of the Garage by one third and if this is done to grant delegated powers to the Area Planning and Building Standards Manager to issue the planning permission in terms of the recommendation subject to:

1. In condition 5, replacing the words”the first occupation of the houses
hereby approved” with “commencement of works on site”;

2. an additional condition to address the retention of trees;

3. An additional condition removing permitted development rights for
future outbuildings and extensions.

7.7 Applicant: Thetford Investments Ltd (08/00201/REMRC)
Location: Walled Garden, Braemore, Loch Broom
Nature of Development: Erection of Two Houses

There had been circulated Report No PLR-111-08 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 are required. The details shall include sections along and across the improved access, the daylighting earthworks to be undertaken to the roadside embankment. The Service bay shall be located to the southwest side of the new access centreline and the road shall be widened to facilitate swept path access to long vehicles on the private road curve. A 500mm diameter culvert shall be installed beneath the proposed access and service bay with suitably constructed headwalls to be provided at each end of the culvert. 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 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 or 11/2 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. The building shall be set back as much as possible within the confines of
the site.

v. On site parking and turning will be provided within the site for two cars.

Reason: In the interests of visual amenity.

The Committee AGREED the recommendation.

7.8 Applicant: Wildlife, Sealife and Countryside Trust
(08/00336/FULRC)
Location: Land 40 m North of 9 Chanonry Point, Ness Road,Fortrose
Nature of Development: Erection of Research Unit Building

There had been circulated Report No PLR-112-08 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. The planning permission hereby granted shall endure for a period of 10 years only (starting from the date of this consent), after which time the research unit and all associated infrastructure (including the septic tank/soakaway) shall be removed from the site within a period of six months and the land reinstated to its previous condition, to the satisfaction of the Planning Authority.

Reason: To reflect the temporary nature of the development applied for.

2. Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, full details of the proposed timber finish and samples of any colour to be applied shall be submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the finish shall be a muted, recessive colour. Thereafter, development hall progress in accordance with the approved finish.

Reason: To ensure that the development is sensitive to its surroundings and respects the visual amenity of the area, including the listed lighthouse building.

3. Notwithstanding the details and plans submitted with the application, the roof finish shall be finished in a 2” wave profile metal sheeting, finished in a dark green or grey colour, with a sample being submitted prior to any work commencing on site for the written approval of the Planning Authority. Thereafter, development shall progress in accordance with the approved finish.

Reason: To ensure that the development is sensitive to its surroundings and respects the visual amenity of the area, including the listed lighthouse building.

4. Prior to the commencement of development, full details of the proposed access and parking provision shall be submitted to, and approved in writing by, the Planning Authority in consultation with the Roads Authority. Thereafter, the access shall be formed prior to the commencement of all other development on site and parking provided prior to first occupation, thereafter being maintained for the life of this consent. For the avoidance of doubt two parking spaces shall be provided within the curtilage of the site.

Reason: In the interests of road safety.

5. Prior to the first use of the development hereby approved, a sign shall be erected, at the expense of the developer, on or adjacent to the point at which the proposed access meets the public road. The sign shall promote the fact that no vehicular access, save access to the research unit, is allowed along the private access road. Full details of this sign shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development and the sign displayed shall comply with the approved details.

Reason: In the interests of road safety and residential amenity.

6. Prior to the commencement of development, an assessment of manual handling procedures for fresh water provision (including measures to combat vandalism and deliberate contamination) shall be submitted to, and approved in writing by, the Planning Authority in consultation with Environmental Health. Thereafter, fresh water provision shall be undertaken in accordance with the approved procedures.

Reason: In the interests of public health.

7. No development shall commence on site until written evidence demonstrating that the foul drainage arrangements have been licensed by the Scottish Environment Protection Agency has been submitted to, and approved in writing by, the Planning Authority.

Reason: In the interests of public health and to ensure adequate foul drainage can be achieved on this site.

8. The proposed camera unit, to be mounted atop a timber telegraph pole, shall be positioned in such a way as it does not, at any time, point towards adjacent residential properties o their curtilages.

Reason: In the interests of privacy and amenity.

Note to Applicant

Temporary Consent: Consent was applied for on the basis that it would last for a temporary period. Thus, after a period of ten years from the date on the decision notice, the research unit and all associated infrastructure must be removed from the land in question and the land reinstated to its previous state. If you have any queries over what is required, please contact the local planning office before the consent expires.

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.

Road Openings Permit: You may require a road openings permit for this development and are therefore advised to contact TECS Roads direct for further advice and guidance

The Committee AGREED to DEFER consideration of the application to a Site Hearing to be held on 25th November 2008 at 11.30 am.

7.9 Applicant: Allan Henderson (08/00353/FULLO)
Location: House Plot to North of Ard Na Faire, Mallaig
Nature of Development: Single Access for House Site (Amendment to 07/00184/FULLO)

There had been circulated Report No PLR-113-08 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-

1. The provision of separate accesses to the existing house and application site generates road safety concerns as this represents an unnecessary proliferation of access points onto the public road.

2. The applicant has failed to demonstrate how acceptable parking and turning arrangements can be achieved within the site. The illustrated layout would necessitate reversing on or off of the public road, which is unacceptable.

3. The amended access and steep track would unacceptably reduce the usable garden ground associated with the house approved under planning ref. 07/00184/FULLO, and as such the plot would then fail to adequately reflect the settlement pattern, contrary to Lochaber Local Plan Policy 3.2.7.

4. The use of separate access is considered unnecessary, as the site already has extant permission for a house utilising a well conceived shared access and on-site parking and turning provision.

The Committee AGREED the recommendation.

The Area Planning and Building Standards Manager declared a non financial interest in Item 8 following as he lived in Marybank and left the meeting while the item was being determined.

8. Tree Preservation Order No 87, 2008 – Marybank

There had been circulated Report No PLR-114-08 by the Director of Planning and Development recommending that the Committee confirms the provisional Tree Preservation Order placed on an area of trees of high amenity value within the village of Marybank.

The Committee AGREED the recommendation.

9. Proposed Change of Cage Configuration and Expansion of
Fish Farm at Ardessie Site “B”, Little Loch Broom

There had been circulated Report No PLR-115-08 by the Director of Planning and Development recommending the approval of the application for change of gear and expansion subject to the following conditions:

Pending approval by the Scottish Government (in its forthcoming review) of the principle and existing scale of fish farm development at this site. If the Scottish Government review approves the site - after consideration of the recent representations from wild fish interests and any other subsequent representations - the planning consent for the extension should be for the same term. If the review fails to approve the site or requires a scaling down of production, the consent for the extension should be deemed to have expired.

Surface equipment should be kept to a minimum and muted colours should be used to avoid adverse impacts on the seaward views in this area.

An annual sea lice review should be conducted for the site where all interested parties are invited. These meetings should be properly minuted and copies made available upon request. Access should also be granted to interested parties as appropriate for the purposes of inspecting the site.

The fish farm installation should be maintained in good order, failing which the operator should be required to remove all equipment from the site within three months.

The Committee AGREED:

1. the recommendation subject to condition 3 being amended to the effect that an appropriate representative of the Planning Authority be invited to the annual review of sea lice which must take place within one year of the date of the decision notice;

2. that the Chairman would discuss with the Chairman of the Planning, Environment and Development Committee the need for the Council to be able to call on appropriate scientific expertise when necessary to help in determining fish farm applications where there would appear to be a conflict with riparian fishing interests.