Highland Council RSL PARC Minute

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, 3rd March 2009 at 10.30 am.

Committee Members Present

Mr Peter Cairns (by video conferencing from Dingwall)

Mr Donald Cameron

Mrs Isabelle Campbell

Mr David Chisholm

Mr William Clark

Mr Hamish Fraser

Mr Eddie Hunter

Mrs Isobel McCallum (by video conferencing from Dingwall, Items 1, 2 and 6.1 only)

Mr Ian Renwick

Mrs Audrey Sinclair

Local Member vote:

Mr Alan Henderson (Items 6.2, 6.4, 6.6 and 6.12)

Officials in attendance:

Mr Alaisdair Mackenzie, Area Solicitor

Mr Dafydd Jones, Area Planning and Building Standards Manager

Miss Susan Poole, Team Leader

Mr Stephen Fair, Principal Planner

Mr Jim Tolmie, Area Roads and Community Works Manager

Mrs Alison MacArthur, Clerical Assistant (video conference from Dingwall)

Mr David Chisholm in the Chair

Business

Preliminary

The Committee AGREED to APPROVE a change in the venues for future meetings by returning to a fixed rota instead of the current system whereby the venue will depend on where the majority of applications arise. The next meeting on 7th April 2009 would therefore take place in Dingwall, the meeting on 5th May 2009 in Portree, the meeting on 2nd June 2009 in Fort William and so on.

1. Apologies for Absence

Apologies were received from Mr Billy Barclay and Mr Michael Foxley.

2. Confirmation of Minutes

There had been circulated for confirmation the Minute of the Meeting of the Committee held on 3rd February 2009.

The Minute was held as read and APPROVED.

2.1 Matters Arising

Item 6.4 on page 8: Inchbae Lodge Guest House (07/01144FULRC)

Having heard from the Area Planning and Building Standards Manager, the Committee AGREED to further DEFER consideration of this item to a future meeting to allow the Applicant to provide further information and confirm that SEPA were withdrawing their objection.

3. Continued Items

3.1 Applicant: Mrs A Holloway (06/01144/FULRC) (PLR-022-09)

Location: Garden Ground to South East of Tanglewood, Ullapool

Nature of Development: Erection of House (Detail)

There had been circulated report No PLR-022-09 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reason:-

1. The proposal is contrary to the interests of road traffic safety as the
applicant has failed to demonstrate that they can provide and maintain
visibility splays of 2.4 x 120 metres as required by the Trunk Roads
Authority. The land required to form the visibility splays is outwith the
ownership of the applicant and is obscured by existing vegetation.

The Area Planning and Building Standards Manager distributed the letter referred to in the Report which had been omitted from the papers circulated with the Agenda.

The Committee AGREED, subject to referral to Transport Scotland, to APPROVE the application subject to conditions, including sight lines of 83m x 2.4m and 101m x 2.4m, to be agreed by APBSM in consultation with the local members on the Committee.

Reason

The Committee AGREED with the sentiments of the Applicant’s Agent’s letter circulated with the Report and had concerns regarding inconsistent advice from the Trunk Roads Authority in relation to recent cases.

4. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals

4.1 Applicant: Mr and Mrs Hall (07/00600/FULLO) Decision Note

Location: Land South of Annesfield Cottage, Glencoe

Nature of Development: Erection of Two Letting Cottages and Caretakers House

The Committee AGREED to NOTE that an appeal against the refusal of planning permission had been dismissed.

4.2 Decisions on Appeals and Referrals

The Committee AGREED

(1) that a Report updating the position with regard to the “Morbaine”
application be provided for the next meeting; and

(2) that, for future meetings, there would be included with the Agenda a
note or Report on the outcome of referrals of applications to third parties
such as Transport Scotland, the Scottish Ministers etc,

5. 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.

6. Applications

6.1 Applicant: Munro’s Nurseries (07/01125/FULRC) (PLR-023-09)

Location: Munro’s Nurseries, Bogallan

Nature of Development: Change of Use of Storeroom to Coffee Shop(Detail)

There had been circulated report No PLR-023-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. Prior to the development hereby approved first being brought to use
the public road between the B9161 and the entrance into the garden centre shall be widened to 5.5 metres over the first 12 metres measured from the junction of access road with the B9161, and surfaced in bituminous material. Details of the method of construction and proposed materials shall be submitted to the Planning Authority and approved in writing in consultation with TECS (Transportation) prior to the works on the road commencing.

Reason: In the interests of road safety.

2. The area of the coffee shop shall not extend beyond that shown on the
approved plans. There shall be no more than nine tables as shown on the plans, unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure that the development remains ancillary to the operation of the garden centre, in particularly that the level of patronage remains commensurate in the interests of road safety.

3. The coffee shop, as hereby approved, shall remain ancillary to the main
use as a garden centre, and shall not operate as a separate entity.

Reason: To ensure the business remains ancillary to the main business, in the interests of road safety and neighbouring amenity.

Notes to Applicant

1. In relation to Condition 1 above, you are advised to contact TECS
(Transport) to discuss the requirements, in particular relating to method of construction, road permits, etc. You should contact Mr Stout on 01349 868678 in the first instance.

2. You are advised that should you need to install any extraction systems
this till likely need planning permission. You should contact the Planning
Department to check first, it can be contacted on 01349 868600.

3. You are advised that you must ensure that the use hereby approved
does not become a nuisance to nearby sensitive receptors by way of noise or odours.

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.

The Committee AGREED the recommendation.

6.2 Applicant: Achnacarry Estate (08/00061/OUTLO) PLR-024-09

Location: Land 50 m East of Telephone Exchange, Corpach, Fort William

Nature of Development: Erection of House

This application had been WITHDRAWN by the applicant.

6.3 Applicant: Shane Peckham and Rachel Wiseman (08/00265/FULSL) (PLR-025-09)

Location: 1 Ullinish, Struan, Isle of Skye

Nature of Development: Erection of Dwellinghouse (Reserved Matters)

There had been circulated Report No PLR-025-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. Prior to the commencement of development, details of improvements
to the access, including sections along and across it shall be submitted to and approved in writing by the Planning Authority. Such details shall include the provision of bituminous surfacing to the access from its junction with the public road for a distance of 75 metres in a westerly direction and including the proposed service and turning area, the provision of positive surface water drainage measures to prevent excessive run off from the bituminous surfacing onto the remaining stone surfaced track or neighbouring property. The works shall be carried out in accordance with the approved details with an initial regulating layer of bituminous surfacing to be laid prior to the commencement of construction works on site with a final wearing course layer and all drainage measures to be completed prior to the occupation of the house.

Reason: In the interests of road and pedestrian safety.

2. 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.

3. Prior to the commencement of any works on site full details of the proposed foul and surface water 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 house hereby approved.

Reason: The avoidance of pollution.

4. On the completion of initial ground works and prior to the pouring or construction of any foundations, a detailed levels survey of the excavated site levels shall be submitted for approval in writing by the Planning Authority.

Reason: In the interests of visual amenity and to ensure that development is carried out in accordance with the approved plans.

5. 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, cladding and sheet metal coverings, verge and soffit detailing, rain water goods and external joinery, all stained wood finishes including their colour appearance and texture, shall be submitted to and approved in writing by the Planning Authority.

Reason : In the interests of visual amenity.

6. Prior to the commencement of development, details of measures to safeguard the route of the existing public footpath along the western boundary of the site shall be submitted to and approved in writing by the Planning Authority. Such details shall include protective fencing to prevent contractor’s vehicles or materials required or arising from construction activities obstructing the path and the replacement of the existing stile with a gated access point. The works shall be carried out in accordance with the approved details with the pedestrian gate to be installed prior to the occupation of the house.

Reason: In the interests of public amenity and to ensure the safety of users of the footpath.

7. The boundary and feature stone walling as shown on the approved drawings shall be constructed of natural local stone and laid as a dry stone wall in the style of other such walling in the locality.

Reason: In the interests of visual amenity.

8. Not withstanding the submitted details, prior to the commencement of development a revised fully detailed scheme of landscaping for the site, including reduced areas of tree and shrub planting for the western half of the site and 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 occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants that become diseased or seriously damaged shall be replaced in the immediately following planting season with others of a similar size and species.

Reason: In the interests of the visual amenity of the area.

Note to Applicant:

The applicant(s) attention is drawn to the requirement prior to the commencement of any works on site, to apply to the Roads Authority for a Permit in accordance with Section 109 of the New Roads and Street Works Act 1991.

The Area Planning & Building Standards Manager in presenting his Report to the Committee addressed the matters raised in various e-mails received from objectors:-

-          With regard to the claim that the letter advising of the meeting was
           not delivered until Saturday 28th February: this notification was a
           courtesy and not a legal requirement. The letter had been posted on
           the 24th the same date that the Agenda was available on line;

-          With regard to the neighbouring houses which were not shown on
           the 1:2500 map with the papers: this was because the map used had
           not been updated. Members were shown a slide indicating these two
           houses in the power point presentation given by the Area Planning
           and Building Standards Manager;

-          With regard to the sketch drawings submitted by the Applicants’
           Architect: photographs with CAD drawings imposed as supplied by the
           Objectors were shown in the power point presentation.

Following discussion, Mr Ian Renwick, seconded by Mr David Chisholm MOVED that consideration of the application be deferred to a Site Hearing.

As an AMENDMENT Mrs Isabelle Campbell, seconded by Mr Hamish Fraser moved that the recommendation be agreed.

Votes were cast as follows:

For the MOTION (2):

Mr David Chisholm

Mr Ian Renwick

For the AMENDMENT (7):

Mr Peter Cairns

Mr Donald Cameron

Mrs Isabelle Campbell

Mr William Clark

Mr Hamish Fraser

Mr Edward Hunter

Mrs Audrey Sinclair

Accordingly the AMENDMENT became the finding of the meeting.

6.4 Applicant: Mr and Mrs MacKellaig (08/00273/OUTLO) (PLR-026-
09)

Location: 75 m South West of Fasgadh, Morar, Mallaig

Nature of Development: Erection of House

There had been circulated Report No PLR-026-09 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-

1.      The proposal is contrary to Highland Structure Plan Policy G2 because it
         fails to demonstrate sensitive siting, is not in keeping with local
         character, and will have a negative impact on the village setting.

2.      The proposal is contrary to Lochaber Local Plan Policy 7.4.4 because it
         fails to respect the linear settlement pattern and would adversely affect
         the village character and setting

3.      The proposal is contrary to Lochaber Local Plan Policy 7.4.29 because it
         represents sporadic development on a locally important buffer area
         between the village and the A830(T), which would adversely affect the
         village character and setting

4.      The proposal is contrary to Lochaber Local Plan Policy 3.6.21 because it
         represents sporadic development at variance with the established
         settlement pattern and would adversely affect the village character and
         setting.

5.      The proposal is contrary to the emerging West Highlands and Islands
         Local Plan Policy 1 because it fails to reflect the established development
         pattern and is contrary to Structure Plan Policy G2.

6.      No planning history or land related justification has been identified which
         over-rides or outweighs the fact that the application is at variance with
         adopted and emerging development plan policy.

Following discussion, Mr David Chisholm, seconded by Peter Cairns MOVED that the recommendation be agreed.

As an AMENDMENT, Mr Allan Henderson, seconded by Mrs Isabelle Campbell moved that subject to the Applicants demonstrating that they had control of the land required for sight lines, the application be granted subject to conditions to be agreed by the Area Planning and Building Standards Manager in consultation with the local members on the Committee and that if a Section 75 Agreement was required to secure the visibility splays this would be at the Applicants’ expense.

Reason:

1.       The application was not contrary to the Highland structure Plan G2
          because the local character had completely changed and would not
          have a negative impact on the village setting.

2.       Because of precedent and while it may be a minor justified departure
         from the Lochaber Local plan Policy 7.4.4, it doesn’t materially prejudice
         the Plan and is infill rather than sporadic development.

Votes were cast as follows:

For the MOTION (2):

Mr Peter Cairns

Mr David Chisholm

For the AMENDMENT (7):

Mr Donald Cameron

Mrs Isabelle Campbell

Mr William Clark

Mr Hamish Fraser

Mr Edward Hunter

Mr Ian Renwick

Mrs Audrey Sinclair

Mr Allan Henderson

Accordingly the AMENDMENT became the finding of the meeting.

6.5 Applicant: Ardtornish Estate Co Ltd (08/00275/FULLO) (PLR-
027-09)

Location: Land at Loch Tearnait, Lochaline, Morvern, Oban

Nature of Development: Hydro-Electric Scheme

There had been circulated Report No PLR-027-09 by the Area Planning and Building Standards Manager recommending that subject to notifying the Scottish Ministers unless SEPA withdraw their objection to the application be granted subject to the following conditions:-

1. Not less than one year from the date of permanent cessation of the hydro scheme operations, a Decommissioning Plan shall be submitted to and approved in writing by the Planning Authority in consultation with the Scottish Environment Protection Agency. Thereafter the site shall be fully decommissioned and any associated plant and machinery shall be removed from the site and the site made good, in accordance with the approved Decommissioning Plan.

Reason: In the interests of visual amenity to ensure removal of redundant buildings and equipment.

2. Prior to the commencement of works on site a diver nesting raft shall be constructed within Loch Tearnait. Full details of the raft shall be submitted to and receive prior approval of the Planning Authority in consultation with Scottish Natural Heritage. Such details shall include a regime for maintenance of the raft. Thereafter the raft shall be fully constructed and maintained thereafter in accordance with the approved details.

Reason: In order to prevent disturbance to Black Throated and Red Throated Divers.

3. The mitigation measures summarised in the Environmental Risk Assessment and Mitigation chapter of the approved “Loch Tearnait Hydro Environmental Statement Report” dated July 2008, and detailed in the individual chapters, shall be fully deployed, unless otherwise first agreed in writing by the Planning Authority.

Reason: In order to protect landscape, heritage, flora and fauna, amenity and access interests.

4. Prior to the commencement of any work on site a full site specific Construction Method Statement shall be submitted to and approved in writing by the Planning Authority in consultation with the Scottish Environment Protection Agency. Such details shall be submitted not less than one month prior to the scheduled commencement date and shall incorporate detailed pollution avoidance and mitigation measures for all construction elements. Thereafter the development shall be fully undertaken in accordance with the approved details.

Reason: In the interests of pollution prevention and visual amenity.

5. Prior to the commencement of any works on site full details of the access track and pipeline watercourse crossings shall be submitted to and approved in writing by the Planning Authority, in consultation with the Scottish Environment Protection Agency. Thereafter the works shall be fully undertaken in accordance with the approved details.

Reason: In order to minimise any impact on existing watercourses.

6. No works shall commence on site until full details of any borrow pits have been submitted to and approved in writing by the Planning Authority in consultation with Scottish Natural Heritage and the Scottish Environment Protection Agency. Thereafter the works shall be undertaken in accordance with the approved details.

Reason: No detailed information having been submitted and to allow full assessment of the impact of using borrow pits.

7. No works shall commence on site until a video road survey has been undertaken of the unclassified public road from its junction with the A884 to its termination at Ardtornish, and the results submitted to the Planning Service in consultation with the Area Roads Manager.

Reason: To ensure the submission of a condition survey of the road prior to commencement of development, with the Roads (Scotland) Act able to secure the repair of any damage to the public road as a result of construction traffic.

8. At the end of each working day during construction of the approved hydro-scheme, any voids which otters may gain entry into shall be checked to be clear of otters and then blocked up. Ramps will also be laid to prevent otters becoming trapped in open trenches.

Reason: In order to prevent otters, a European Protected Species, from becoming trapped in voids/trenches during the construction of the hydro-scheme.

9. All ditches and trenches that are to be left unattended shall have battered sides at regular intervals, e.g. every 20m, unless otherwise first agreed in writing by the Planning Authority in consultation with Scottish Natural Heritage.

Reason: In order to allow young Greenshank a means of escape rom trenches and ditches.

10. During construction and on completion of the development, no barriers or signs shall be erected that will obstruct or discourage the public’s access on the right of way without a suitable alternative being provided, having first been agreed in writing by the Planning Service.

Reason: To protect public access.

11. Prior to the first operation of the Hydro Scheme hereby approved, the right of way and other tracks shall be fully reinstated in accordance with the approved details.

Reason: To protect public access.

12. The construction corridor shall be limited to 20 metres unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity in order to minimise the areas to be disturbed during construction.

13. 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 require approval in writing of the Planning Authority. All arrangement thereby approved shall be implemented by the developer at his expense in accordance with the approved timetable for investigation.

Reason: In order to preserve the archaeological and historic interest of the site.

14. Prior to the commencement of works on site full details of the finalised design for the powerhouse shall be submitted to and approved in writing by the Planning Authority. Such details shall show a building of traditional vernacular design, with a rectangular footprint and form, finished with natural stone and a corrugated iron or natural slate roof, unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity in order to reflect vernacular building traditions.

Note to Applicant:

Historic Scotland have advised that Scheduled Ancient Monument consent will be required from Scottish Ministers for the impact of the increased water levels on the Crannog which is an archaeological site of national importance. The applicant is advised to make contact with Historic Scotland before any work starts on the scheme to secure the necessary consents.

Potential bat roost trees shall re-surveyed for the presence of bats immediately prior to felling or limbing of the trees.

Early contact should be made with the Council’s Area Roads Manager to discuss the traffic management during the construction period.

Having been advised by the Team Leader, Planning & Development, that there would be no need to refer the application to the Scottish Ministers as SEPA had withdrawn their objection, the Committee AGREED:

1. to approve the recommendation

2. to amend condition 7 to provide for a Section 96 Agreement.

3. to add a footnote bringing the requirements of the Reservoirs Act to
the attention of the Applicant.

4.      to add a condition requiring the establishment of a Liaison Group
         comprising the Council, the Applicant, the Developer, the Construction
         Company, the Community Council, SEPA and SNH to meet during the
         period of construction.

Mr Eddie Hunter declared a non financial interest in Item 6.6 following as the Applicant’s sister was married to his brother but decided that he did not have to leave the meeting during determination of the application.

6.6 Applicant: Mr and Mrs Porter (08/00284/FULLO) (PLR-028-09)

Location: Mizpah, Lower Inverroy, Roy Bridge

Nature of Development: Alterations to House – Formation of Dormers

There had been circulated Report No PLR-028-09 by the Area Planning and Building Standards Manager recommending the refusal of the application, for the following reasons:

1.      The proposal fails to demonstrate high quality design in keeping with
         local character, because the frontal bay window extension would
         provide a bulky and dominant feature on a prominent elevation facing
         towards the A86 trunk road, and is therefore contrary to Highland
         Structure Plan Policy G2.

2.      The proposal fails to demonstrate high quality design in keeping with
         local character, because the frontal bay window extension would
         provide a bulky and dominant feature on a prominent elevation facing
         towards the A86 trunk road, and is therefore contrary to
         Supplementary Planning Guidance: Development Advice Note 1 – House
         Extensions

Following discussion, Mr David Chisholm, seconded by Mr Peter Cairns MOVED that the recommendation be agreed.

As an AMENDMENT Mr Eddie Hunter, seconded by Mrs Audrey Sinclair moved that the application be granted subject to conditions to be agreed by the Area Planning and Building Standards Manager in consultation with the local Members on the Committee.

Reason:

The design, form and appearance was not out of character and would not detract from the proportions of the house.

Votes were cast as follows:

For the MOTION (3):

Mr Peter Cairns

Mr Donald Cameron

Mr David Chisholm

For the AMENDMENT (7):

Mrs Isabelle Campbell

Mr William Clark

Mr Hamish Fraser

Mr Edward Hunter

Mr Ian Renwick

Mrs Audrey Sinclair

Mr Alan Henderson

Accordingly the AMENDMENT became the finding of the meeting.

6.7 Applicant: Calum MacDonald (08/00298/OUTSL) (PLR-029-09)

Location: Land at Croft 29, Tarskavaig, Isle of Skye

Nature of Development: Erection of House (Outline)

There had been circulated Report No PLR-029-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. The occupation of the dwelling shall be limited to a person solely or mainly employed, or last employed, on the croft (delineated in red on the approved plans) in agricultural as defined in section 277 of the Town and country Planning (Scotland) Act 2007 or a dependent of such a person residing with him or her or a widow or widower of such a person, and any residential dependents. Unless otherwise agreed in writing with the Planning Authority.

Reason : The site is in an area of better quality agricultural land where there is a presumption against development unless such development. The application has been assessed as acceptable given the information in support of the application.

2. 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.

3. Prior to the commencement of development, details of improvements to the access, to the maximum achievable compliance with drawing SAS 1f (Figure 1 and Service Bay) on land that is within the applicants control or ownership shall be submitted to the Planning Authority for further approval. These details shall include details pertaining to the removal and disposal of the rock face to the south west.

Such details shall be submitted to and approved in writing by the Planning Authority and shall include the provision of visibility splays of 2.5 x 75 metres to the north east and 2.5 x 60 south west. Betterment of the existing south visibility splay to be provided by means of the reduction of levels, clearance of rock and vegetation; betterment of the visibility to the north east shall be provided by means of scrub clearance and rock removal. The details shall include sections along and across the improved access and shall demonstrate that the gradient of the proposed access is compliant with required standards. The details shall include details of the provisions made for delivery and service vehicles for both the construction phase and on completion of the development. The development shall be carried out in accordance with the approved details prior to the commencement of works on site.

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 access, 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.

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.

ii. The building shall be single storey.

iii. The roof shall be symmetrically pitched at least 37 degrees and
finished either in natural slate or a good quality slate substitute.

iv. The building shall be set back as much as possible within the confines
of the site.

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

Reason: In the interests of visual amenity.

6. Drainage details shall remain to the satisfaction of the planning authority and details shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA and/or Tec (roads). 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 methods for ensuring that surface water does not discharge off the access track onto the public road; 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.

The Committee AGREED the recommendation.

6.8 Applicant: Mr and Mrs A Martin (08/00316/OUTSL) (PLR-030- 09)

Location: Land 100 m West of Sunset View, 15 Lochbay, Waternish

Nature of Development: Erection of House

There had been circulated Report No PLR-030-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. A further application shall be made to the Planning Authority within three years of the date of the permission for the approval of reserved matters and no works shall be commenced on any part of the site until the permission of the Planning Authority has been granted in writing for such proposals. Reserved matters shall include the siting; design and external appearance of all buildings, the means of access thereto, proposals for landscaping, drainage arrangements and the design and appearance of boundary enclosures.

Reason: The application is in outline only and no such details were submitted.

2. The house and access location as shown on the approved plans are indicative only, the reserved matters should show a house with it’s longest axis parallel with the contours, sited so as to be set into the hill slope below and close to the road, the revised access arrangement shall show an access that runs parallel and with the natural contours.

Reason: In the interests of visual amenity.

3. 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 house shall have a footprint not exceeding 100 square metres.

iii.The building shall be single storey.

iv.The roof shall be symmetrically pitched at least 37 degrees and finished
either in natural slate or a good quality slate substitute.

v. On site parking shall be provide for at least two cars.

vi. Fenestration shall demonstrate a vertical emphasis.

Reason: In the interests of visual amenity.

4. Any details pursuant to Condition 1 above shall include full details of improvements to the proposed access to the site in accordance with Drawing SAS 1f (Figure 1 + Service Bay). Such details shall show improvements at the junction with the public road in terms of gradient, horizontal geometry and visibility, the provision of visibility splays 2.5 x 150 metres to the north and south, surface water drainage arrangements, parking and turning provision. These details shall be submitted to and approved in writing by the Planning Authority. Thereafter and prior to the occupation of the development, the access shall be constructed in accordance with the attached roads schedule. All such works shall be completed prior to the commencement of building works.

Reason: In the interests of road safety.

5. Any details pursuant to Condition 1 above shall include full details of earthworks to be carried out to form the access, house site and domestic curtilage, details shall include:

1) existing and finished ground levels in relation to an identified fixed
    datum;
2) existing levels in the form of sections along and across the site taken
    at 2 metre intervals;
3) existing and proposed levels in the form of contours at 0.5 metre
    intervals;
4) engineers confirmation of the stability of all excavations and retaining
    wall/structures existing;
5) all cut and fill engineering and retaining wall/structures;
6) landscaping features and vegetation to be retained;
7) all soft landscaping and planting of the proposed house site and
    access.

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 that maybe comprised in the approved details shall be carried out in the first planting /seeding season following the commencement of the development unless agreed in writing with the Planning Authority.

Any trees or plants that die within a period of 5 years from the completion of the development shall be replaced the following planting season with others of the same size and species unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of visual amenity.

6. The Reserved Matters referred to in condition 1 hereof shall include details full details of the proposed drainage arrangements, such details shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA. The scheme as may be approved shall include, a detailed survey plan showing all existing and proposed, foul and surface water soakaways and drainage pipe runs, details of the size, capacity and location and means of discharge of the drainage arrangements proposed and satisfactory percolation tests; the scheme as approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards or SEPA prior to the first occupation of the dwelling house hereby approved.

Reason: For the avoidance of pollution.

Note to Applicant:

The applicant(s) attention is drawn to the requirements of the TECS (Roads) consultation response dated 19/11/2008 (A copy of which is attached for information).

The applicant(s) attention is drawn to the Building Standards officer comments regarding the design of the foul drainage soakaway to run longitudinally and parallel with the contours.

The Committee AGREED the recommendation.

6.9 Applicant: Ardtornish Estate (08/00317/S36LO) (PLR-031-09)

Location: Rannoch Hydro Scheme, Ardtornish Estate, Morvern, Oban

Nature of Development: Upgrade Existing Hydro-Electric Scheme

There had been circulated Report No PLR-031-09 by the Area Planning and Building Standards Manager recommending the Scottish Ministers be advised that the Council has no objection to the proposal subject to the following conditions:-

Reason: In the interests of visual amenity to ensure removal of redundant buildings and equipment.

2. The works associated with Intake 3c are within 1000m of a periodically active golden eagle eyrie. Should the eyrie be used by golden eagles during the construction phase, the works to intake 3c should be undertaken out with the period during which golden eagles are sensitive to disturbance (February to late April).

Reason: In order to prevent disturbance to golden eagles.

3. The mitigation measures summarised in the Environmental Risk Assessment and Mitigation chapter of the approved “Rannoch Hydro Environmental Statement Report” dated July 2008, and detailed in the individual chapters, shall be fully deployed, unless otherwise first agreed in writing by the Planning Authority.

Reason: In order to protect landscape, heritage, flora and fauna, amenity and access interests

Reason: In the interests of pollution prevention and visual amenity.

Reason: In order to minimise any impact on existing watercourses.

Reason: No detailed information having been submitted and to allow full assessment of the impact of using borrow pits.

Reason : To ensure the submission of a condition survey of the road prior to commencement of development, with the Roads (Scotland) Act able to secure the repair of any damage to the public road as a result of construction traffic.

Reason: In order to prevent otters, a European Protected Species, from becoming trapped in voids/trenches during the construction of the hydro-scheme.

Reason: In order to allow young Greenshank a means of escape fom trenches and ditches.

10. During construction and on completion of the development, no barriers or signs shall be erected that will obstruct or discourage the publics' access on the right of way without a suitable alternative being provided, having first been agreed in writing by the Planning Service.

Reason : To protect public access.

11. Prior to the flooding of Strath Shuardail, the new, realigned track to be constructed above the water line shall be available for the public to use and acknowledged as a right of way.

Reason: To protect public access.

12. Prior to the first operation of the Hydro Scheme hereby approved, the right of way and other tracks shall be fully reinstated in accordance with the approved details.

Reason: To protect public access.

Note to Applicant:

An application should be made to the Scottish Government under Regulation 44 of the Conservation (Natural Habitats & c) Regulations 1994 (as amended)(Habitats Regulations where it is proposed to carry out works (such as a survey) which will affect European Protected Species or their shelter/breeding places, whether or not they are present in these refuges.

Potential bat roost trees shall re-surveyed for the presence of bats immediately prior to felling or limbing of the trees.

Having heard from the Team Leader, Planning & Development, that SEPA had withdrawn their objection, the Committee AGREED:

1. to approve the recommendation.

2. to delete condition 2;

3. to amend condition 7 to provide for a Section 96 Agreement;

4. to add a footnote bringing the requirements of the Reservoirs Act to
the attention of the Applicant;

5.      to add a condition requiring the establishment of a Liaison Group
         comprising the Council, the Applicant, the Developer, the Construction
         Company, the Community Council, SEPA and SNH to meet during the
         period of construction.

6.10 Applicant: Terrence Pritchard (08/00322/OUTSL) (PLR-032-09)

Location: Site 70 m North East of 13 Earlish, By Portree

Nature of Development: Erection of House (Outline)

There had been circulated Report No PLR-032-09 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 externa 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, to the maximum achievable compliance with drawing SAS 1f (Figure 1 and Service Bay) on land that is within the applicants control or ownership. These details shall include details pertaining to the removal and disposal of the grass and rock knoll.

Such details shall be submitted to and approved in writing by the Planning Authority and shall include the provision of visibility splays of 2.5 x 75 metres to the south. Betterment of the existing south visibility splay to be provided by means of the reduction of levels, clearance of rock and vegetation. The details shall include sections along and across the improved access and any earthworks to be undertaken to the roadside embankment. The development shall be carried out in accordance with the approved details prior to the commencement of works on site.

Reason: In the interests of road safety.

3. Prior to the commencement of development, a fully detailed scheme of hard and soft landscaping for the site, with particular reference to the access, 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. Any details pursuant to Condition 1 above should show a house of traditional design, form and finish and which shall incorporate the following, unless otherwise agreed in writing with the Planning Authority:

i. The building shall be rectangular in shape and gabled with a span not
exceeding 7.8 metres.

ii. The building shall be single storey.

iii. The roof shall be symmetrically pitched at least 37 degrees and finished
either in natural slate or a good quality slate substitute.

iv. The building shall be set back as much as possible within the confines
of the site.

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

Reason: In the interests of visual amenity

5. Notwithstanding the details submitted as part of the outline the revised house position may require the revision of foul and surface water drainage arrangements. Such details shall include the proposed foul and surface water 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

The Committee AGREED the recommendation.

Mr Hamish Fraser declared a non financial interest in item 6.11 following as he was a Council appointed member of the applicant’s Management Committee and left the meeting while the application was being determined.

6.11 Applicant: Skye and Lochalsh Housing Association
(08/00347/FULSL) (PLR-033-09)

Location: Youth Hostel, South Obbe, Kyleakin, Isle of Skye

Nature of Development: Change of Use and Conversion of Existing Youth Hostel to Community Space and Eleven Flats

There had been circulated Report No PLR-033-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason: To comply with Section 58 of the Town and Country Planning (Scotland) Act 1997.

2. The roof of the development hereby approved shall be finished in natural slate. A one meter sample panel of the external wall finish (shall be a wet dash render) shall be prepared for prior on site approval by the Planning Authority.

Reason: The materials to be used require further consideration to ensure a satisfactory form of development, which contributes appropriately to its setting.

3. No development shall take place except in strict accordance with a scheme of hard and soft landscaping works, which has first been submitted to and approved in writing by the planning authority. Details of the scheme shall include (as appropriate):

i. existing and finished ground levels in relation to a fixed datum
preferably ordnance.

ii. existing landscaping features and vegetation to be retained and, in the
case of damage, restored.

iii. location and design, including materials, of walls, fences and gates.

iv. soft and hard landscaping works.

v. existing and proposed services such as cables, pipelines, sub-stations.

vi. other artefacts and structures such as street furniture, play
equipment.

vii. A programme for completion and subsequent maintenance.

Reason: To ensure the satisfactory form, layout and assimilation of the development.

4. Prior to the commencement of any works on site, a sustainable urban water drainage system (SUDS) shall be prepared for the site which shall be submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Manager. The scheme as may be approved shall specify the relevant levels for all discharge chambers and shall be fully implemented prior to the first occupation of any residential unit hereby approved.

Reason: In the interests of road safety and public health.

5. Notwithstanding the details of the approved plans the windows proposed on the north elevation are not approved. Prior to commencement of any works on site and notwithstanding the details of the approved plans revised fenestration details shall be submitted for the north elevation. Such details shall show windows that have a greater vertical emphasis than those shown on the approved plans.

Reason: The proposed windows on the approved plans are unacceptable on the primary elevation of the building.

6. The area annotated community use on the ground floor of the approved shall be used as a community facility unless otherwise agreed in writing with the Planning Authority. Full details of the community use shall be submitted to the Planning Authority prior to the community use taking place if the community use is to differ from that shown on the approved plans.

Reason: In accordance with the use as applied for and to allow the Planning Authority to control the use pf the site.

7. Construction operations shall take place between the hours 08:00 to 18:00 Monday and Friday, 8:00 – 13:00 Saturday and no working on a Sunday.

Reason: In the interests of residential amenity of the area.

8. Prior to the commencement of development details of a children’s play area, which shall include method of delivery and timescale, within the application site or alternative arrangements to improve such facilities within Kyleakin shall be submitted to and approved in writing by the Planning Authority. The development shall be undertaken in accordance with the approved details and timescale.

Reason: In the interests of amenity and in accordance with the Council's Development Plan Policy Guidelines.

Having heard from the Area Planning and Building Standards Manager who detailed additional representations received since the Report was written, the Committee AGREED the recommendation subject to the parking layout being realigned.

6.12 Applicant: Mrs P MacNiven (08/00347/OUTLO) (PLR-034-09)

Location: Land 90m South East of Fort William Health Centre, Camaghael, Fort William

Nature of Development: Erection of House

There had been circulated Report No PLR-034-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. Standard outline 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 1¾ storeys in scale.

- The main house ridge shall run parallel with the south-eastern site
boundary.

- External building span 7.8 metres.

- Roof pitch to be between 35 and 45°.

- 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.

Reason : To ensure suitable integration with the landscape setting of the site and to avoid adverse impacts on privacy and residential amenity at neighbouring houses.

3. Notwithstanding the indicative access position illustrated on the approved plans, the access position is wholly a reserved matter and the applicant must identify the optimum shared access position to allow for the development of the entire landholding, made up of the application site and adjacent fields to the south of Coire Leis, identified as part of Mixed Use allocation MU5 in West Highlands & Islands Local Plan (draft) December 2008. A sufficient corridor must be clearly identified either side of the proposed entrance track in any future planning applications, to be left free of development, such that the access serving the development could be upgraded to a road meeting the Council’s full adoptive standards.

Reason: To ensure that the optimum entrance location is identified prior to any individual accesses being formed, to avoid precluding the proper development of the entire landholding, and in the interests of road safety.

4. Prior to the commencement of development, the site entrance, which shall be positioned in accordance with amendments necessitated by condition 3 above, shall be formed in strict accordance with the attached Road Schedule dated 11th February 2009, 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. 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 and because Scottish Water do not normally accept such drainage into the public sewer system.

6. Prior to the commencement of development, a landscaping and planting plan including a minimum of 18 saplings of native species capable of early growth within the site shall be submitted to and approved in writing by the Planning Authority. Such details as are approved shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting season following the first occupation of the dwellinghouse hereby approved. Any plant failures through disease, weather exposure, neglect or damage shall be replaced with equivalent species within one year of such failure.

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

Note to Applicant:

NB1 – 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 may exist 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.

NB2 – The applicant’s attention is drawn to condition 3 above. Whilst supporting the application for a single house, the Planning Authority wish to ensure that the optimum development potential for the applicant’s landholding, including fields adjacent to the site, is not adversely affected at this stage. Accordingly, the access position and potential for a future road upgrade to the proposed access track must be considered before final details of the single house are approved. In the event that the access must be located outwith the application site identified as part of this planning permission, future planning applications will have to be considered as full applications rather than applications for the approval of reserved matters.

NB3 - This application was supported based on emerging Local Plan policy outlined in West Highlands & Islands Local Plan (Draft) December 2008. WHILP requires that housing developments and sites that are capable of larger scale housing proposals are considered comprehensively to secure a minimum of 25% affordable housing provision. The single house was supported because is does not preclude the proper development of remaining land in the same ownership, but the applicant is advised that the house will be included in total house numbers for future affordable housing calculations on the remaining landholding when any future housing applications are submitted. The applicant is also advised that the Planning Authority is not likely to support further individual house plot applications on the holding, because this would undermine the optimum development of the landholding

The Committee AGREED the recommendation.

Mr Hamish Fraser declared a non financial interest in item 6.13 following as he was a Council appointed member of the Applicant’s Management Committee and left the meeting while the application was being determined.

6.13 Applicant: Lochalsh and Skye Housing Association
(08/00952/REMRC) (PLR-035-09)

Location: Land to North East of Dornie Hotel, Dornie

Nature of Development: Amendment to Planning Consent 06/00201/REMSL to Include a Revised Site Layout, an Additional Three Units and the Substitution of Certain House
Types for Flats

There had been circulated Report No PLR-035-09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-

1. No development shall commence on site until a scheme for the provision of the 38 affordable housing units hereby approved has been submitted to, and approved in writing, by the Planning Authority. Thereafter, the affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing outlined in The Highland Council’s Affordable Housing Supplimentary Planning Guidance (August 2008) or any future guidance which modifies or replaces it. The scheme shall include.

i. the type, tenure and location on the site of the affordable housing
provision to be made which shall consist of all 38 housing units;

ii. the timing of the construction of the affordable housing and its
phasing in relation to the occupancy of the market housing;

iii. the arrangements for the management of the affordable housing;

iv. the arrangements to ensure that such provision is affordable for both
first and subsequent occupiers of the affordable housing; and;

v. the occupancy criteria to be used for determining the identity of
occupiers of the affordable housing and the means by which such
occupancy criteria shall be enforced.

Reason: To ensure the provision of affordable housing takes place timeously and in-line with applicable affordable housing and local plan policy.

2. The development hereby approved shall be constructed in two separate
phases, unless otherwise agreed in writing by the Planning Authority.

The phases shall be as follows:

       - Phase One shall consist of eight residential units and the day centre.
         Details of those residential units to be included in this phase shall be
         submitted to, and approved in writing by, the Planning Authority prior
         to the commencement of any development on site. Thereafter, the
         development of Phase One shall be implemented in accordance with the
         approved details;

       - Phase Two shall consist of the thirty houses not included in Phase One.
         No development shall commence on Phase Two until evidence has been
         exhibited to, and approved in writing by, the Planning Authority that an
         agreement has been reached between the developer and Scottish
         Water for the provision of a connection to the public foul drainage
         network for the entire development hereby approved.

         Reason: In order to ensure suitable connections can be made to
         Scottish Water’s public network to provide the foul drainage
         connections. Without such connections, the development would have
         to provide its own foul drainage infrastructure to Scottish Water
         adoptable standards; such provision does not form part of the
         applicant’s submission.

3. All pedestrian and vehicular access infrastructure as shown on the approved plans shall be constructed in accordance with the Council’s Guideline Standards and provided in full prior to the first occupation of any of the buildings within the Phase of development to which it relates, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of roads safety.

4. The proposed junction of the site access with the public Dornie/Carr Brae public road shall be formed in accordance with the Council’s Guideline Standards and shall have visibility splays of 30 metres in each direction formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.

Reason: In the interests of roads safety.

5. Parking and turning provision as shown on the approved plans shall be provided in full prior to the first occupation of any of the buildings within the Phase of development to which it relates, unless otherwise agreed in writing by the Planning Authority. All parking and turning infrastructure shall be maintained in perpetuity.

Reason: In the interests of roads safety.

6. Prior to the commencement of development, full details of traffic calming measures to be implemented within the application site (drawn up in consultation with TECS Roads) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, the approved traffic calming measures shall be implemented in full prior to the first occupation of any of the buildings within the Phase of development to which they relate, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of roads safety.

7. Notwithstanding the details and plans submitted with the application, all roofs within the development shall be finished using grey natural slate or grey flat slate substitute titles. A sample of the proposed slate/tile shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development. Thereafter, the development shall commence using the approved roof tile, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity and to ensure the selected roof tile respect the natural slate roofs found through Dornie.

8. Prior to the commencement of development, full details of all access/ parking surface treatments (inc. samples where appropriate) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall commence in accordance with these approved materials, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity and to ensure the surface treatments respect the character of historic Dornie and the site’s semi-rural setting.

9. A sample of the stone to be used in the dry stone dyke at the entrance to the development shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development. Thereafter, the dry stone dyke and other entrance features shown on the approved plans shall be constructed in full and in accordance with the approved sample prior to the first occupation of any of the units within Phase One, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity.

10. Prior to the commencement of development, full details of any retaining walls or structures to be constructed within the application site (inc. materials, colours etc.) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these approved details.

Reason: In the interests of visual amenity.

11. No development shall commence until details of the scheme of hard and soft landscaping works has been submitted to, and approved in writing by, the Planning Authority. Details of the scheme shall include:

- existing and finished ground levels in relation to an identified fixed
datum;

- existing landscaping features and vegetation to be retained;

- location and design, including materials, of walls, fences and gates;

- soft and hard landscaping works, including the location, type and size
of each individual tree and/or shrub;

         - a programme for completion (which should reflect applicable
           construction phasing agreements and prioritise structural planting along
           the boundaries of the site);

         - a programme for the subsequent on-going maintenance of all
           communal landscaped/planted areas (inc. a factoring agreement where
           necessary);

All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development, unless otherwise agreed in writing with the Planning Authority.

Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.

Reason: To ensure the implementation of a satisfactory scheme of landscaping.

12. Notwithstanding the details and plans submitted with the application, a play area (with play equipment) suitable for use by toddlers shall be provided by the developer within the area marked ‘Play Area’ on the approved plans. Prior to the commencement of development, full details of the play equipment to be installed and also a scheme for its ongoing maintenance (by factoring agreement) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, the approved play equipment shall be provided in full prior to the occupation of any of the residential units within Phase Two, unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure the play equipment supplied is appropriate for the area, is provided timeously and is maintained in the long term.

13. Notwithstanding the details and plans submitted with the application, full details of the two ‘Access Footpaths’ (inc. construction details, dimensions and materials) shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development. Thereafter, the footpaths shall be provided in full prior to the first occupation of any of the residential units in Phase Two.

Reason: To ensure pedestrian access is provided between the development and Dornie village.

14. Notwithstanding the provisions of Article 3 and Classes 7 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended, revoked or re-enacted; with or without modification), no fences shall be erected within the front curtilages (i.e. those areas of curtilage located adjacent to the principal elevation of their parent building) of any of the residential units hereby permitted, without planning permission being granted on an application made to the Planning Authority.~

Reason: To maintain the openness and overall cohesive character of the development.

15. All public signage within the development hereby approved shall be bilingual, with Gaelic and English afforded equal weight and importance, and shall conform with 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.

16. For the avoidance of doubt, should the Planning Authority agree in writing that the development hereby approved need not be phased, for whatever reason, all references to Phases One and/or Two within the foregoing conditions shall be treated is if they relate to the development as a whole and not an individual phase, unless otherwise agreed in writing by the Planning Authority.

Reason: For the avoidance of doubt and to deal with any consequences related to a change in the phasing agreement.

Note to Applicant:

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.

Road Openings Permit: you may require consent from the Roads Authority prior to the commencement of this development. You are therefore advised to contact them direct to discuss the matter.

Street Names: inline with the Council’s Gaelic Language Plan and Policies, you are encouraged to consider the adoption of Gaelic or Gaelic-influenced street names in this development. For further guidance, you may wish to contact the Council’s Gaelic Development Manager or Comunn na Gaidhlig (01463 234138).

The Committee AGREED the recommendation with the inclusion of an additional foot note to the effect that roadworks to comply with Road Construction Consent.