Committees
Minutes of Meeting of the Ross, Skye and Lochaber Planning Committee held in the Council Chamber, Council Offices, Tigh-na-Sgire, Park Lane, Portree on Tuesday, 2nd December 2008 at 10.30 am.
Committee Members Present
Mr Billy Barclay (by video conferencing from Dingwall)
Mr Peter Cairns (by video conferencing from Dingwall)
Mr Donald Cameron
Mrs Isabelle Campbell
Mr David Chisholm (by video conferencing from Dingwall)
Mr William Clark
Mr Michael Foxley (by video conferencing from Fort William)(to Item 5.7)
Mr Hamish Fraser
Mr Eddie Hunter
Mrs Isobel McCallum (by video conferencing from Dingwall)
Mr Ian Renwick
Mrs Audrey Sinclair
Local Member vote:
Mrs Margaret Paterson (by video conferencing from Dingwall)
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Victor Hawthorne, Team Leader
Mr Mike Hoar, Senior Planner
Mr Jim Tolmie, Area Roads and Community Works Manager
Mr David Chisholm suggested and the Committee agreed that Mr William Clark should chair the meeting.
Business
1. Apologies for Absence
No apologies were received.
2. Confirmation of Minutes
There had been circulated for confirmation the Minute of the Meeting of the Committee held on 4th November 2008.
The Minute was held as read and approved.
3. Matters Arising
3.1 Applicant: Thianh Limited (07/00020/FULRC & 07/00021/LBCRC)
Location: Badachro Inn, Badachro, Gairloch
Nature of Development: Retention of Conservatory (Renewal)
The Committee agreed to note that the appeals had been sustained by the Reporter and that expenses had been awarded against the Council as the conditions were deemed unreasonable.
3.2 Applicant: Mrs C Manwaring (07/00607/OUTLO)
Location: Land 250 m north east of Inbhirgarbh, Invergarry
Nature of Development: Erection of House
3.2 Applicant: Mrs C Manwaring (07/00608/OUTLO)
Location: land 150 m north east of Inbhirgarbh, Invergarry
Nature of Development: Erection of House
The Committee agreed to note that the Reporter had dismissed both appeals and refused to grant outline permission.
3.3 Applicant: Mr and Mrs G Nixon (07/01139/FULRC)
Location: Garden Ground of Riverbank House, High Street, Conon Bridge
Nature of Development: Erection of House and Garage (Detail)
The Committee agreed to note that an appeal against the refusal of planning permission has been lodged.
3.4 Applicant: Miss K Proctor (08/00001/OUTLO)
Location: Land 75 m south of Craigstuart, Strontian
Nature of Development: Erection of Two Houses
The Committee, having been advised that the Reporter has sustained the appeal against the refusal of planning permission as he felt it unreasonable to maintain a wish for a replacement hotel on the site because the previous use has been abandoned following the fire and demolition of the previous hotel, agreed to refer the decision to Legal Services to advise if there are any grounds to challenge the Reporter’s decision.
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
5.1 Applicant: Katherine M Duncan (07/00342/OUTSL) (PLR/116/08)
Location: Land at Croft 6, Achnacloich, Tarskavaig
Nature of Development: Erection of House
There had been circulated report No PLR-116-08 (3607kb) 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. Any details pursuant to Condition 1 above shall show a house situated approximately in line with the existing house No 6 and with no built element closer than 15 metres to the existing north facing gable of No 6.
Reason: In the interests of maintaining adequate visual separation between adjacent properties and the interests of neighbour amenity.
3. 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 60 metres in each direction are required. The details shall include sections along and across the improved access, any day lighting earthworks and or tree/scrub removal to be undertaken to facilitate the provision of the visibility splays, the provision of an intervisible passing bay approximately mid-way along the first 120 metre length of the access, upgrading and resurfacing and provision of adequate road drainage. The development shall be carried out in accordance with the approved details.
Reason: In the interests of road safety/
4. Prior to the commencement of development, a fully detailed scheme of hard and soft landscaping for the site, with particular reference to the creation of a area of screening to the existing property No 6 access, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. Following the completion of earthworks, 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.
5. The Reserved Matters referred to in condition 1 hereof shall include full details of the proposed foul and surface water drainage arrangements, in accordance with the in principle arrangement as set out in the George Milne Dwg No1 & 2 dated 19/07/2007. All 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.
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 or 11/2 storey;
iii. The maximum footprint of the house shall not exceed 75 square metres unless otherwise agreed in writing with the Planning Authority;
iv. The roof shall be symmetrically pitched at least 37 degrees and finished either in natural slate or a good quality slate substitute;
v. The building shall be set back as much as possible within the confines of the site.
vi. On site parking and turning will be provided within the site for two cars
Reason: In the interests of visual amenity
Note to Applicant
The applicant(s) should take full note of the comments contained within the TECS (Roads) consultation dated 15/11/2007 (Copy Enclosed) prior to the submission of any reserved matters or full planning application.
The Committee agreed the recommendation.
5.2 Applicant: Mr A Cummings (07/00564/OUTLO) (PLR/117/08)
Location: Land 35 m to east of Bank Cottage, Banavie, Fort William
Nature of Development: Erection of 1 Pair Semi-Detached Houses
There had been circulated Report No PLR-117-08 (814kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to conditions.
The Committee agreed to defer consideration of this application to allow for neighbour and owner notification and amendment of the submitted plans all in respect of the private track.
5.3 Applicant: Caroline and Stuart Swart (08/00113/OUTSL) (PLR/118/08)
Location: Land at 1 Glenuachdarach, Glenhinnisdale
Nature of Development: Erection of House
There had been circulated Report No PLR-118-08 (5848kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to conditions.
The Committee agreed to defer consideration of this application to allow for consideration of a timeously received representation not referred to in the Report.
5.4 Applicant: Pamela Carvell (08/00146/FULSL) (PLR/119/08)
Location: Land 60 m south east of 34 Lochbay, Waternish, Isle of Skye
Nature of Development: Erection of House
There had been circulated Report No PLR-119-08 (2812kb) 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 shall be as specified on the approved drawings/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: In the interests of visual amenity.
2. Prior to the commencement of any works on site full details of the proposed surface water drainage arrangements shall be submitted to and approved by the Planning Authority in consultation with Building Standards and TECS (Roads). The scheme as may be approved shall fully detail the size, capacity and location and means of discharge of the proposed drainage arrangements, the provision of positive roadside drainage and all associated culverting works.
Reason:To ensure that the scheme as may be approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards and TECS (Roads).
3. Prior to the commencement of any other aspects of the approved development, the access from the public road to the site shall be constructed to base course level in accordance with the attached Standard Access Specification and shall include the following:
- An access to be constructed in accordance with Drawing No SAS 1f (Figure 1 and Service bay);
- Visibility of 2.5 X 75 metres to north and 2.5 x 120 metres to the south;
- No fence within 3 metres or gate within 8 metres of the road;
- Foul soakaway to be set back from roadside ditch;
Prior to occupation of the house the access and service bay shall be surfaced in Bituminous Macadam for a minimum distance of 6.0 metres, measured from the nearside of the public road.
Reason: In the interests of road safety.
4. The north facing gable window detail is not approved and within one month of the date of this permission, an amended window design shall be submitted for approval by the Planning Authority. Such an amended window detail shall show the recessed balcony feature deleted and the window framing set back in accordance with other windows on the house.
Reason: In the interests of visual amenity.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)( Scotland) Order 1992 (or any subsequent provisions amending or re-enacting that Order), no additional window or other opening shall be made in the north facing elevation unless other wise agreed in writing by the Planning Authority;
Reason: In the interests of visual amenity.
6. Prior to the commencement of any works on site full details of the proposed drainage arrangements 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 fully detail the size, capacity and location and means of discharge of the proposed drainage arrangements proposed and satisfactory percolation tests. The scheme as may be 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: The foul drainage arrangements do not fully accord with the technical requirements of the Building Standards regulations.
7. Notwithstanding the provisions of Classes 1, 2 & 3 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, or any Order revoking and re-enacting that Order, with or without modification, the express approval of the Planning Authority for all extensions and enlargement of the building, alterations to the roof the erection within the curtilage of outbuildings or ancillary structures or enclosures.
Reason: In order to allow the Planning Authority to retain effective control over the development of the site and in the interests of amenity to retain the open appearance of the adjoining land.
8. Prior to the commencement of any works on site, details showing measures to mitigate the landscape and visual impact of the development, shall be submitted to and approved in writing by the Planning Authority. These details shall include crossections east to west across the site, showing the proposed excavations to the rear of the house, any ground retaining structures and measures to sympathetically deposit excess spoil from excavation work, measures to re-vegetate the margins of the development. Thereafter and prior to the occupation of the development, the development shall be constructed in accordance with these details.
Reason: In the interests of maintaining the landscape character and visual amenities of the area.
Note to Applicant:
The applicant(s) attention is drawn to the requirements of the TECS (Roads) consultation response dated 17/06/2008 (A copy of which is attached for information).
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.
5.5 Applicant: Mr K Bennet (08/00173/FURLC) (PLR/120/08)
Location: Land to rear of Haven Hotel, Innes Street, Plockton
Nature of Development: Erection of House (Detail)
There had been circulated Report No PLR-120-08 (1181kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. The house hereby approved shall be occupied by a person or persons whose sole or principal place of employment is the adjacent Haven Hotel only, unless otherwise agreed in writing by the Planning Authority.
Reason: The application site lies within the rear curtilage of the Haven Hotel and does not have sufficient curtilage of its own to provide the levels of amenity space required for a private, standalone dwelling. Parking provision is also to be shared with the hotel. The house must therefore be tied to the hotel and used as ancillary staff/manager’s accommodation thus avoiding the potential for privacy, amenity and parking/access conflicts which could otherwise arise.
2. 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.
3. Prior to the first occupation of the house hereby approved, and thereafter in perpetuity, parking for one car shall be provided within the application site and space number 6 within the existing hotel car parking area (as annotated on the approved plans) shall be made available for the sole use of the house hereby approved.
Prior to the commencement of development on site, proposals for appropriate signage to clearly depict that space number 6 is to be used in association with the house hereby approved shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, the signage shall be erected prior to the first occupation of the house and thereafter maintained in perpetuity.
Reason: In the interests of road safety.
4. No development shall commence on site until full details of all retaining walls and surface water drainage measures (which shall include sections, levels drawings and an engineer’s report/certification) have been submitted to, and approved in writing by, the Planning Authority. Thereafter, the development shall progress in accordance with these approved details.
Reason: In the interests of public safety and to ensure the development hereby approved does not impact detrimentally on the township road to the north of the application site.
5. The roof of the house hereby approved shall be finished using natural grey slate, a sample of which shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development.
Reason: In the interests of visual amenity.
6. Notwithstanding the provisions of Article 3 and Classes 1 and 3 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended, revoked or re-enacted; with or without modification), and with the exception of a single garden shed not exceeding 4 square meters in area, no development shall take place within the curtilage of the dwellinghouse hereby permitted without planning permission being granted on an application made to the Planning Authority.
Reason: In order to prevent the overdevelopment of the application site.
7. Not withstanding the plans hereby approved no walls within, or bounding, the application site shall be removed or altered without planning permission being granted on an application made to the Planning Authority.
Reason: In order to preserve the character of the Conservation Area.
8. Prior to the commencement of development, full details (including colour, finish, materials and coverage) of any proposed areas of hard standing shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these approved details.
Reason: In order to ensure the development is sensitive to the character of the Conservation Area.
Note to Applicants:
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.
Permitted Development Rights: Please note that certain permitted development rights have been removed from the land in question, as explained in the conditions above. This means that certain developments, for which planning permission is not ordinarily required, will now require planning permission. You are therefore advised to contact your local planning office prior to commencing any future developments
The Committee agreed the recommendation.
Mr David Chisholm declared a financial interest in Item 5.6 following as he was a member of Waterwatch and left the meeting while the application was being determined.
5.6 Applicant: Scottish Water (08/00222/OUTLO) (PLR/121/08)
Location: Land to south of Tigh Mhonaidh, Invergarry
Nature of Development: Modification of Condition 2 of 05/00042/FULLO to Allow the use of a Slate Effect Roof Covering
There had been circulated Report No PLR-121-08 (2224kb) by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-
1. The proposal to change from a natural slate roof to a slate-effect roof and erect timber screen fencing and gates does not demonstrate high quality design in keeping with local character and historic and natural environment and does not make use of appropriate materials. The proposal does not therefore accord with the principles of Policy G2 of the Highland Structure Plan.
2. The proposal to change from a natural slate roof to a slate-effect roof and erect timber screen fencing and gates does not reflect the character and ambience of Invergarry and its Listed and other traditional buildings. The proposal does not therefore accord with Policies 8.5.5 or 8.5.21 of the Lochaber Local Plan.
3. The proposal to change from a natural slate roof to a slate-effect roof and erect timber screen fencing and gates will have an adverse impact on the setting of the adjacent Category B Listed Building, contrary to Scottish Planning Policy 23, Policy G2 of the Highland Structure Plan and Policy 3.6.17 of the Lochaber Local Plan.
The Committee agreed the recommendation.
5.7 Applicant: James Pedrana (08/00299/FULRC) (PLR/122/08)
Location: Land to north east of Kilcoy House, Tore
Nature of Development: Erection of House and Garage (Detail) (Amended Application)
There had been circulated Report No PLR-122-08 (3046kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to referral to Scottish Government and a Section 75 Agreement tying the house to the croft, and the following conditions:-
1. The external materials used in the development hereby approved shall be as shown on the approved drawings unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and for the purposes of clarification.
2. Notwithstanding Condition 1 above, the slate shall be natural dark grey slate and the larch cladding shall be natural untreated larch unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and for the purposes of clarification.
3. Prior to the commencement of development full details of existing and proposed site levels, access ways and floor levels, including levels surrounding the application site, relative to a fixed datum point shall be submitted to the Planning Authority and approved in writing. The development shall be built in accordance with the approved details unless otherwise agreed in writing with the Planning Authority.
Reason: The application was accompanied by a cross section, but no levels details were submitted, to ensure that the dwelling sits within the site with no or very little underbuilding, and to ensure the acceptability of the land levels within the curtilage of the house, in the interests of visual amenity within the countryside.
4. Prior to the commencement of development, a fully detailed woodland management plan for the proposed woodland area to the north and east of the site as shown on the approved plans shall be submitted to and approved in writing by the Planning Authority in consultation with the Forestry Officer. The development shall be implemented and maintained in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority.
Reason: To ensure the development is suitably absorbed into the landscape with the planting of trees as shown on the approved plans, and to ensure effective maintenance in the interests of visual amenity.
5. Prior to the commencement of development two copies of a block plan at an appropriate scale which clearly defines the extent of the residential curtilage of the development hereby approved shall be submitted. The development shall only be implemented in accordance with the approved details.
Reason: For the sake of clarity in the interests of visual amenity and to control the extent of the residential curtilage within the hinterland area.
6. 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 date of planting 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 absorbed into the landscape.
7. Notwithstanding the provisions of Classes 1 and 3 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, or any Order revoking and re-enacting that Order, with or without modifications, the express permission of the Planning Authority shall be required for the extension of the house or the erection of outbuildings within the curtilage of the dwelling hereby approved.
Reason: In the interests of residential and visual amenity due to the restrictive size of the plot and the adjacent neighbouring properties, to enable the Planning Authority effective control.
Note to Applicant:
1. 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.
2. The Forestry Commission have advised:-
- Services to and from development must not affect our ability to manage adjacent forest;
- Developer should take account of risks of windblow and water flow in the preparation of plans for development close to the forest edge;
- Should developer require deer proof fencing-must be provided at their sole cost;
3. 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;
4. Permitted Development Rights have been removed from this site under the terms of condition number 7 and therefore the erection of any extensions or outbuildings will require the benefit of planning permission.
Following discussion Mrs Isobel McCallum, seconded by Mr Billy Barclay, moved that the application be refused. and that the Applicant be advised that consideration should be given to a design that is traditional and in the vernacular and relates to the crofting landscape into which it will be placed.
Reasons:
1. The scale and design of the proposed house is considered inappropriate and does not have regard to its rural setting and is contrary to Policy GSP1 of the Ross and Cromarty East Local Plan.
2. The scale and design of the proposed house is considered inappropriate and does not have regard to its rural setting and is contrary to Policy 3.5 of the Ross & Cromarty East Local Plan.
There being no amendment the motion became the finding of the meeting.
5.8 Applicant: Joanna Grant (08/00338/OUTLO) (PLR/123/08)
Location: Plots 1 and 2, Garden Ground 90 m West of Ardleven, 26B Glencoe, Ballachullish
Nature of Development: Erection of House
There had been circulated Report No PLR-123-08 (640kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. Standard Outline.
Reason: Standard
2. The dwellinghouse shall be of traditional design and proportions. There shall be a large proportion of wall to window area with the proportions of the windows having a vertical emphasis. The dwelling shall be a maximum of 1½ storeys in height. The roof pitch shall be no less than 40º and it shall be finished in a natural grey slate. The walls shall be a white or off-white wet dash render or vertically boarded natural timber.
Reason: In the interests of amenity and to ensure that the proposed development integrates satisfactorily with its surroundings.
3. Any details pursuant to Condition 1 above shall show a shared access onto the public road designed in consultation with the Area Roads Manager and shall incorporate the following:
It shall be surfaced in bituminous macadam for at least the first 5 metres back from the nearside edge of the public road carriageway with visibility splays in both directions of 2.5 metres x 45 metres measured from the centre line of the proposed access. Prior to the commencement of works on the construction of the house hereby approved the visibility splays shall be cleared of all obstructions over 1 metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over 1 metres in height in perpetuity.
Reason: In the interests of road safety.
4. Any details pursuant to Condition 1 above shall show full details of a turning area and parking provision for cars within the curtilage of the dwellinghouse drawn up in consultation with the Area Roads and Community Works Manager. Thereafter the approved parking and turning area shall be fully formed prior to the first occupation of the dwellinghouse.
Reason: In the interests of road safety.
Note to Applicant
Scottish Water: Please contact Scottish Water Prior to the Commencement of Development.
There may be issues with connections to the public water main and public sewer:
Scottish Water, Planning and Development Services, 419 Balmore Road, Glasgow.G22 6NU Tel: 0845 601 8855 www.scottishwater.co.uk.
Transport, Environmental And Community Services: Please contact TEC Services Prior to the Commencement of Development: Road Openings Permit Required: Area Roads and Community Works Manager, Ross, Skye and Lochaber Area, Lochybridge Depot, Carr’s Corner Industrial Estate, Fort William. PH33 6TL Tel: 01397 709000.
The Committee agreed the recommendation.
5.9 Applicant: Revs W & E Mather (08/00410/FULRC and 08/000411/LBCRC) (PLR/124/08)
Location: Angela Court, 2 Rose Street, Fortrose
Nature of Development: Alterations and Erection of Extension to House and Installation of Dormers (Planning Permission)
There had been circulated Report No PLR-124-08 (1842kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to referral to Historic Scotland and 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. Prior to the commencement of development, a photographic record shall be made of the remains of old buildings and/or other features affected by the proposed development, in accordance with the attached specification, and shall thereafter be submitted to the Planning Authority. No site clearance work shall take place until confirmation in writing has been received from the Planning Authority that the record made has been lodged and is satisfactory.
Reason: To protect and record the historic interest of the site.
3. For the avoidance of doubt, no permission is hereby granted for the erection of a shed within the curtilage of Angel Court; save a shed allowed under Class 3 of the Town & Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).
Reason: For the avoidance of doubt, in the interests of visual amenity and to ensure any new development is sensitive to the setting of the listed building.
4. Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, a sample of the proposed slate to be used throughout the development hereby approved shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress using this slate, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the slate used is sensitive to the historic environment.
5. Prior to the commencement of development, full details of all proposed windows and any refurbished existing windows within the existing building (inc. drawings at a scale of 1:20, methods of construction and movement) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these approved details, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the windows are sensitive to the historic environment.
6. Prior to the commencement of development, full details of all proposed windows within the new extension (inc. drawings at a scale of 1:20, methods of construction and movement) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these approved details, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the windows are sensitive to the historic environment.
7. Prior to the commencement of development, full details of the all exterior wall finishes within the new extension section of the development shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these approved details, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the wall finishes are sensitive to the historic environment.
8. For the avoidance of doubt, consent is not granted for the siting of an oil storage tank.
Reason: For the avoidance of doubt.
9. All new or replacement rainwater goods shall be cast iron and of a pattern/style to match existing, unless otherwise agreed in writing by the Planning Authority. The colour finish to be applied to the rainwater goods shall be agreed in writing with the Planning Authority prior to the commencement of development and thereafter implemented in full, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the rain water goods are sensitive to the historic environment.
10. Prior to the commencement of development, full details of the proposed harling to be applied to the exterior of both the existing and proposed developments (inc. colour) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these details, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the rain water goods are sensitive to the historic environment.
11. Prior to the commencement of development, full details of the proposed new dormer windows (inc. drawings at a scale of 1:20, windows details and construction materials) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these details, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity and to ensure the rain water goods are sensitive to the historic environment.
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
Following discussion, Mr Billy Barclay, seconded by Mrs Isobel McCallum moved for refusal of the application as the design of this extension is not in keeping with a 16th Century built house which would be detrimental to the character of a listed buiding in a conservation area of Fortrose. It was also contrary to Policy BP2 and BC5.
Mr Billy Barclay, seconded by Mrs Isobel McCallum moved refusal of the application as the design of the extension was not in keeping with a 16th century built house which would be detrimental to the character of a listed building in the conservation area of Fortrose, contrary to Policies BP2 and BC5.
Mr Donald Cameron, seconded by Mr Eddie Hunter, moved as an amendment that the recommendation be agreed.
Votes were cast as follows:
For the motion (4):
Mr Billy Barclay
Mr Peter Cairns
Mr David Chisholm
Mr Isobel McCallum
For the amendment (7):
Mr Donald Cameron
Mrs Isabelle Campbell
Mr William Clark
Mr Hamish Fraser
Mr Eddie Hunter
Mr Ian Renwick
Mrs Audrey Sinclair
Accordingly the amendment became the finding of the meeting.
5.10 Applicant: SGL Carbon Fibers Ltd (08/00647/FULRC) (PLR/125/08)
Location: SGL Technic Ltd, Muir of Ord Industrial Estate, Great North Road, Muir of Ord
Nature of Development: Erection of Temporary Warehouse
There had been circulated Report No PLR-125-08 (1758kb) by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. The permission hereby granted shall endure for a period of five years only from the date of this consent. At the end of the period of permission the temporary building shall be removed within three months from the consent expiry date. The land shall thereafter be landscaped in accordance with an approved landscaping scheme details of which shall be submitted for the consideration and written approval of the Planning Authority prior to the consent expiry date. The landscaping scheme shall specifically included a tree planting scheme for the northern boundary of the site which bounds the access track to Bellhaven and a restoration scheme for re- grassing of the remainder of the site occupied by the temporary building, all to the satisfaction of the Planning Authority, unless a further approval is obtained to renew the consent.
Reason: In recognition of the temporary nature of the building and to ensure that when appropriate the site is restored and landscaped in the interest of the areas amenity.
2. The landscaping scheme referred to in condition 1 above shall indicate the siting, numbers, species and heights (at the time of planting) of all trees, shrubs and shall indicate the extent of the area to be grassed over, and shall ensure:-
(a) Completion of the scheme during the planting season next following the removal of the temporary building, or such other date as may be agreed in writing with the Planning Authority;
(b) The maintenance of the landscaped areas for a period of five years or until established, which ever may be longer. Any trees or shrubs removed, or which in the opinion of the Planning Authority, are dying, being severely damaged or becoming seriously diseased within three years of planting, shall be replaced by trees or shrubs of similar size and species to those originally required to be planted;
Thereafter the landscaping shall be implemented in accordance with the approved scheme to the satisfaction of the Planning Authority.
Reason: To ensure the timeous implementation of the landscaping scheme.
3. The permission hereby granted shall endure only for the benefit of SGL Carbon Fibers Ltd.
Reason: In recognition of the specific needs of the applicant and the sensitivity of the site’s location in close proximity to residential properties.
4. Notwithstanding the provisions of Class 6 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, or any Order revoking and re enacting that Order, with or without modification, the approval hereby granted relates only to the use of the premises as equipment storage facilities and for no other use or purpose including any other activity falling within Class 6 of the said Order.
Reason: In order to allow the Planning Authority to retain effective control over the use of the site, in the interests of the amenity of adjacent residents.
5. Operations to/from and within the building shall be carried out between the hours of 08:00hrs and 17:30hrs (Monday to Friday) and 08:00hrs to 13:00hrs (Saturday) only and there shall be no working on a Sunday or a Public Holiday. There shall be no works on site outwith these hours.
Reason: In recognition of the sensitivity of the site’s location in close proximity to residential properties.
6. At all times the hammer head to the west of the building and the yard area to the east of the building shall be kept free of any obstruction to the satisfaction of the Roads Authority.
Reason: To ensure that the public road is kept free of obstruction and that all loading and unloading is contained within the yard, in the interest of vehicular and pedestrian safety.
7. Prior to the commencement of development specifications of a sound barrier to be erected along the northern and eastern boundaries of the yard area shall be submitted for the consideration and written approval of the Planning Authority in consultation with TECS ( Environmental Health). Thereafter the barrier shall be installed in accordance with the agreed specification prior to occupancy of the building.
Reason: In order to protect the residential amenity of the neighbouring properties.
8. Prior to the commencement of development specifications of the lighting proposed for the building shall be submitted for the consideration and written approval of the Planning Authority in consultation with TECS (Roads and Community Works). Thereafter the lighting shall be installed in accordance with the agreed specification prior to occupancy of the building. For the avoidance of doubt all lighting equipment shall be fitted with hoods to prevent light spillage on to the neighbouring residential properties. The lighting shall only operate during the operating hours of the building as specified in condition 4 above.
Reason: In order to protect the residential amenity of the neighbouring properties.
9. Throughout the construction period of the building, operations for which noise is audible at the boundary of the site shall be carried out between 08:00hrs and 19:00hrs Monday to Friday, between 08:00hrs and 13:00hrs on Saturday and at no time on a Sunday or public holiday. There shall be no works on site outwith these hours.
In order to protect the residential amenity of the neighbouring properties.
Note to Applicant:
There is the potential for contamination at this site due to its former use as an industrial estate. As the proposed development would not appear to materially change the risk of potential contamination at the site an investigation is not required at this stage. However, be advised that all sites with a former industrial/commercial use have been prioritised by the Highland Council under duties conferred by part IIA of the Environmental Protection Act 1990, and may require investigation in the future. In addition land contamination issues may affect property values. Should you wish to discuss potential contamination issues or commission your own investigation, please contact TEC Services contaminated land for advice
Mrs Margaret Paterson, seconded by Mr David Chisholm, moved that the application be refused for the following reasons:
1. The siting of the building 5 metres from the boundary of an adjoining house, Lovat Cottage by virtue of its scale and massing is prejudicial to the amenity of its residents to their detriment;
2. The development would encroach on an established landscaped area which currently provides a setting to the industrial area and ensures apporpriate separation between it and the adjoining house, Lovat Cottage contrary to Muir of Ord Policy 1;
There being no amendment, the motion became the finding of the meeting.
The meeting closed at 1.50 pm.