Minutes of Meeting of the Ross, Skye and Lochaber Planning Committee held in the Council Chamber, Council Offices, Lochaber House, Fort William on Tuesday, 2nd June 2009 at 10.30 am.
Committee Members Present
Mr Billy Barclay (by video conference from Dingwall), Mr Peter Cairns (by video conference from Dingwall), Mrs Isabelle Campbell, Mr David Chisholm, Mr William Clark, Mr Michael Foxley, Mr Eddie Hunter, Mrs Isobel McCallum, Mr Ian Renwick
Non Committee Members Present
Mr Allan Henderson (Local Member Vote for items 6.5 and 6.13)
Mrs Angela MacLean (Local Member Vote item 6.14 by video conference from Dingwall)
Mr Bren Gormley
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mr Dafydd Jones, Area Planning and Building Standards Manager, Team Leader
Ms Susan Poole, Planning Team Leader
Mr Stephen Fair, Principal Planner
Mr Jim Tolmie, Area Roads and Community Works Manager
Mrs Alison MacArthur, Clerical Assistant (by video conference from Dingwall)
Mr David Chisholm in the Chair.
Business
1. Apologies for Absence
Apologies were received from Donald Cameron, Hamish Fraser and Audrey Sinclair.
2. Confirmation of Minutes
There had been circulated for confirmation the Minutes of the Meetings of the Committee held on 28th April 2009 and 5th May 2009.
The Minutes were held as read and approved.
3. Future Meetings
It was agreed to hold a Special Meeting of the Committee on the 30th June 2009 to consider the Residential Development – (301 Houses including 105 Affordable Units) at Land South East of Ardgour Road, Caol, Fort William by Lorne Developments Limited.
4. Continued Items
4.1 Applicant: Ardtornish Estate (08/00317/S36LO)
Location: Rannoch, Ardtornish Estate, Morvern
Nature of Development: Hydro Electric Scheme
The Committee noted that Scottish Ministers granted Section 36 Consent on the 18th May 2009 and that a copy of the decision letter and consent could be found on the Scottish Government website.
4.2 Applicant: Morbaine Limited (08/00119/FULLO)
Location: North Road, Fort William
Nature of Development: Variation of Condition 2 and 20 and deletion of Conditions 3 and 4 of 06/00521/OUTLO.
The Committee noted that the application had been withdrawn by the Applicant.
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: Corrie Properties Ltd (08/00113/OUTLO) PLR-067-09
Location: Land 20 m West of Daylesford, Banavie, Fort William
Nature of Development: Erection of 15 Houses (4 Affordable)
There had been circulated report No PLR/067/09 by the Area Planning and Building Standards Manager recommending that subject to the prior conclusion of a Section 75 Agreement to secure that 4 out of the 15 houses shall be for on site affordable housing (plots 3, 4, 6, and 7 per the indicative site layout plan), the application be granted subject to the following conditions:-
1. Standard outline condition and reason.
2. No housing development shall commence or is hereby authorised until
the existing B8005/A830(T) junction to the west of the site, is
realigned and upgraded to the satisfaction of the Planning Authority in
consultation with the Trunk Roads Authority and Local Roads Authority,
including adjustment of the right turning lane and road markings on the
A830(T) and the existing junction is grubbed up and landscaped, all in
accordance with details that shall first be submitted to and approved in
writing by the Planning Authority. The new junction shall be designed
and constructed in accordance with the Design Manual for Roads and
Bridges, Volume 6 TD 41/95, prior to the commencement of
development.
Reason: To ensure a commensurate level of road safety improvement is
achieved to enable to the development to be accessed safely, because
the existing junction has restricted visibility towards the north-west.
3. In addressing the terms of condition 1, above, the houses shall be
designed within the following parameters:
- The site layout shall broadly accord with “amended plan 2 of 2
received on 5th February 2009” attached hereto;
- No buildings shall be situated within the identified flood risk and SuDS
areas of the landholding, or at a finished floor level lower than
7.68mAOD.
- The houses shall include varied building heights to a maximum of 1¾
storeys in scale;
- External building spans (excluding any projections which may be
approved) shall not exceed 7.8 metres.
- Roof pitch to be between 40 and 45°;
- Roof finish to be dark grey natural slate or plain profile grey concrete
tiles;
- 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 and no conterminous
habitable windows shall be positioned within 18m of each other.
Reason: To ensure suitable integration with the landscape setting of
the site.
4. As details pursuant to condition 1 above, full details of the site
entrance, internal road provision and footpath provision, which must
include a direct footpath connection to the A830(T) roadside footpath
to the south-west of the site, all of which shall be designed and
constructed to the Council’s adoptive standards, shall be submitted to
the Planning Authority. Thereafter, the development shall be
completed in strict accordance with such details as are agreed prior to
the initial occupation of the fifth house hereby approved in outline.
Reason: To comply with Structure Plan Policy H8, in the interests of
road safety, and to provide more direct pedestrian access to services
outwith the site, in accordance with Structure Plan Policy G2.
5. Prior to the initial occupation of the first house hereby approved in
outline, the public sewer extension shown in “amended plan 2 of 2
received on 5th February 2009” shall be completed. All houses hereby
approved shall have foul drainage connections to the extended public
sewer.
Reason: To ensure that foul drainage arising from the development is
safely and hygienically disposed of.
6. As details pursuant to condition 1 above, full details of the proposed
Sustainable Drainage System (SuDS) scheme for the site shall be
submitted to the Planning Authority. The development shall thereafter
be completed in strict accordance with such details as are approved,
prior to the occupation of the first house hereby approved in outline.
Reason: To ensure surface water drainage arising from the
development is adequately managed.
7. As details pursuant to condition 1 above, a minimum of four cross
sections running north-west to south-east through the site showing
existing ground levels, proposed ground levels, proposed ground floor
levels and access levels all relative to a fixed datum point, shall be
submitted to the Planning Authority. The development shall be
completed in strict accordance with such details as are approved.
Reason: To ensure suitable integration with the landscape setting of
the site and to ensure no part of the residential development hereby
approved is at risk of flooding.
8. Notwithstanding the provisions of Class 1 (alterations and extension)
and Class 3 (outbuildings) of the Town & Country Planning (General
Permitted Development) (Scotland) Order 1992 as amended, no
extensions or outbuildings may be erected at the site unless otherwise
first agreed in writing by the Planning Authority.
Reason: To avoid overdevelopment of any plot hereby approved in
outline which could otherwise occur.
9. Prior to the commencement of development, a landscaping and
planting plan including a minimum of 12 saplings of native species
capable of early growth within the site to be planted along the
western and eastern boundaries of 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. (inc
planting or landscaping of old junction).
Reason: To ensure suitable integration with the landscape setting of
the site and to mitigate the loss of existing trees within the site in the
interests of nature conservation.
10. As details pursuant to condition 1 above, full details of all boundary
treatments including the height, style and materials to be used shall be
submitted to and approved in writing by the Planning Authority. Such
details as are approved shall be fully implemented on each plot to the
satisfaction of the Planning Authority prior to the first occupation of the
dwellinghouse on that plot. Notwithstanding the provisions of Class 7
(means of enclosure) of the Town & Country Planning (General
Permitted Development) (Scotland) Order 1992 as amended, no walls,
fences or other means of enclosure, other than those agreed under
this condition and the subsequent approval of reserved matters on the
site, may be erected at the site unless otherwise first agreed in writing
by the Planning Authority.
Reason: To ensure that the development includes a consistent palette
for means of enclosure in the interests of visual amenity at this site
which bounds two public roads.
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 exists within the water network and may exist within the waste water network at present. There may be issues within those networks. The applicant should contact Scottish Water directly on tel. 0845 601 8855 to discuss these matters.
The Committee indicated that it was minded to approve the application but deferred determination of the application to 30 June 2009 to allow appropriate conditions to be drafted requiring the provision of a Play Area and the equitable distribution and house type of the affordable housing.
6.2 Applicant: C MacLeod (08/00246/OUTSL) PLR-068-09
Location: Land at 33 Lochbay, Waternish, Isle of Skye, IV55 8GD
Nature of Development: Erection of 3 Houses
There had been circulated Report No PLR/068/09 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 locations as shown on the approved plans are
indicative only, the reserved matters should show 3 houses sited so as
to be set into the hill slope above and close to the road with a shared
access serving the two southernmost plots.
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 or 11/2 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 in accordance with the
revised access arrangement as shown on the approved drawing 3
(dated 09/04/2009) and shall show accesses that make the maximum
use of the natural ground contours and minimise the need for
engineering and excavation works. 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 sites and
accesses.
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 foul drainage arrangements shall not be as stated in the application
but shall be a shared treatment plant, details of which shall form part
of the Reserved Matters referred to in condition 1 hereof.
Reason: For the avoidance of pollution.
7. The Reserved Matters referred to in condition 1 hereof shall include 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, satisfactory percolation tests, 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; 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.
8. Prior to the commencement of development , arrangements for an
archaeological watching brief to be carried out on site clearance and
excavation works , in accordance with the attached specification , shall
be submitted to and require the approval in writing of the Planning
Authority. No site clearance or excavation shall take place until that
approval has been given in writing and all such works shall thereafter be
implemented in accordance with the approved arrangements.
Reason: To protect the historical and archaeological interest of the
site.
9. 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.
Note to Applicant
The applicant(s) attention is drawn to the requirements of the TECS (Roads) consultation response dated 29/09/2008 (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 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 to defer consideration of the application to allow the Applicant to consider reducing the development to two houses and to demonstrate the scale of the engineering works required for the development and how the development would impact on the landscape.
6.3 Applicant: Angus Sutherland (08/00278/REMSL) PLR-069-09
Location: Land 100 m South of Free Church, Teangue, Isle of Skye
Nature of Development: Erection of 4 Houses
There had been circulated Report No PLR/069/09 by the Area Planning and Building Standards Manager recommending the grant of the application with the existing conditions pertaining to 05/00488/OUTSL remaining in force and approval of the following reserved matters:-
- The proposed means of access as shown on the approved drawing No
06/285 Rev A dated 20thJanuary 2009. This to be built in accordance with
TECS (Roads) requirements.
- The detailed proposals of surface water drainage (but not including individual
pipe diameters, capacity and flow calculations and the provision of
temporary surface water drainage to be put in place during the
construction phase).
- The proposed plot boundaries and location of the access and house site
within each identified plot.
- Confirmation that the applicant has made a unilateral undertaking to not
service the site with vehicles exceeding 7.5 tonnes GVW.
1 A) Plans, sections and elevations of the proposed building, and colour and
type of materials to be used externally on walls and roof.
1 B) Detailed layout of the site as a whole, site levels existing and proposed,
including provision for car parking, details of accesses and details of all
fences walls and hedges.
1 C) Landscaping proposals including existing trees to be retained or to be
topped lopped or felled and all proposed tree and shrub planting to be
carried out.
2) Prior to commencement of any building operations details of a full
landscaping scheme for each individual plot in context with the remaining
plots and any remaining residual land outwith the identified plot
boundaries.
The applicant is advised that the timescale for compliance with the conditions remains as detailed on the outline permission 05/00488/OUTSL.
The Committee agreed:
1. the recommendation; and
2. to call for information as to when and what Affordable Housing Policies
and Play Area/Open Space Policies were introduced to the former
areas which now make up Ross, Skye & Lochaber.
6.4 Applicant: Mrs L S Martin (08/00350/FULLO) PLR-070-09
Location: Land 25 m South West of Kismet Villa, Hillside Estate, Fort William
Nature of Development: Erection of House with Access
There had been circulated Report No PLR/070/09 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 full details of all external
finishing materials shall be submitted to and approved in writing by the
Planning Authority. The development shall thereafter be constructed
in accordance with the approved details unless otherwise agreed in
writing by the Planning Authority.
Reason: In the interests of visual amenity, in order to ensure that the
development integrates with its surroundings and maintains the built
character of the area.
2. Prior to the commencement of works on site, full details of a system of
surface water drainage shall be submitted for the further written
approval of the Council as planning authority, in consultation with the
Area Roads and Community Works Manager, SEPA and Scottish Water.
The approved scheme shall be fully implemented prior to work starting
on the foundations of the house hereby approved and shall be
maintained thereafter in perpetuity.
Reason: To ensure that the site has adequate surface water drainage
facilities.
3. Notwithstanding the provisions of Article 3, Part 1, Class 1 of Schedule
1 to the Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 (as amended) (or any Order re-enacting or
revoking that Order with or without revision), no additional windows or
other openings shall be installed in the gable elevations of the house
hereby approved without the prior written consent of The Council as
planning authority.
Reason: In order to protect the amenity and privacy of adjoining
residential properties.
4. Development shall not begin until details of the scheme of hard and
soft landscaping works has been submitted to and approved in writing
by the Planning Authority. Details of the scheme shall include:
i. existing and finished ground levels in relation to an identified fixed
datum;
ii. soft and hard landscaping works, including the location, type and size
of each individual tree and/or shrub;
iii. programme for completion and subsequent on-going maintenance
All the 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 ten 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 in the interests of visual amenity.
5. The access and parking area as detailed on drawing number S33-
6RS/004 shall be fully constructed to the satisfaction of The Council as
planning authority prior to the first occupation of the house hereby
approved.
Reason: To ensure that the on site parking facilities are provided prior
to the occupation of the house in the interests of road/traffic safety.
6. Notwithstanding the provisions of Article 3, Part 1, Classes 1, 3 and 4 of
Schedule 1 of the Town and Country Planning (General Permitted
Development) (Scotland) Order 1992 (as amended) (or any Order re-
enacting or revoking that Order with or without revision), no
extensions to the dwellinghouse, outbuildings, swimming or other
pools, or hardstandings shall be built on the site which is the subject of
this application. Construction of extensions to the dwellinghouse,
outbuildings, swimming or other pools, or hardstandings cannot be
carried out without planning permission being granted on an application
made to the planning authority.
Reason: In order to protect the amenity and privacy of adjoining
residential properties.
Note to Applicant
Scottish Water 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 prior to the commencement of development:
Scottish Water, Panning and Development Services, 419 Balmore Road, Glasgow, G22 6NU Tel: 0845 601 8855 (www.scottishwater.co.uk )
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
Mr Michael Foxley, seconded by Mr Peter Cairns moved that consideration of the application be deferred to allow the Applicant to submit an amended design removing the ribbon dormer window. There being no amendment, the motion became the finding of the meeting.
6.5 Applicant: Maureen Sutherland (08/00428/FULLO) PLR-071-09
Location: Site in Grounds of Birchwood, Morar, Mallaig
Nature of Development: Erection of House
There had been circulated Report No PLR/071/09 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reasons:-
1. The proposal involves a very small plot area on steep ground with
almost no usable garden, in a village where sites are generally larger
with dedicated and usable gardens. The application therefore fails to
demonstrate high quality siting and is contrary to local character and
Highland Structure Plan Policy G2.
2. The additional house would exacerbate demand on an unadopted track
that serves five houses already, contrary to Highland Structure Plan
Policy H8. The site layout would necessitate reversing on or off of the
private track which would generate a road safety hazard.
3. The provision of an extra house would be the sixth house within an
area allocated for three houses in the Lochaber Local Plan February
1999 policy 7.4.7(d). This would be double the indicative capacity,
which is considered to represent an overly dense development at
variance with the settlement pattern. The proposal also involves
excessive cutting, which is explicitly prohibited in Policy 7.4.7(d).
4. Due to the very small site, and steeply sloping ground, leaving almost
no usable garden ground, it is considered that the site sub-division
application involves an inadequate site area and as such, is contrary to
Lochaber Local Plan Policy 3.2.2.
5. Due to the very small site, and steeply sloping ground, leaving almost
no usable garden ground, it is considered that the house would have
insufficient residential amenity standards, within Morar where high
amenity standards exist at present. As such, it would establish a
precedent for residential development on small sites with little or no
usable garden and low amenity standards, which would undermine the
village character.
Following discussion, Mr Allan Henderson, seconded by Mr Bill Clark moved that consideration of the application be deferred to allow the Applicant to submit details of: the achievement of an engineering solution, provision and maintenance of visibility splays and on-site parking and turning.
As an amendment Mr Peter Cairns seconded by Mr David Chisholm moved that the recommendation be agreed.
Votes were cast as follows:
For the motion (7):
Mrs Isabelle Campbell, Mr Bill Clark, Mr Michael Foxley, Mr Eddie Hunter, Mrs Isobel McCallum, Mr Ian Renwick, Mr Allan Henderson.
For the amendment (3):
Mr Billy Barclay, Mrs Peter Cairns, Mr David Chisholm.
Accordingly the motion became the finding of the meeting.
Mr Eddie Hunter declared a non-financial interest in item 6.6 following on the grounds that several years before when he was not a Councillor he had submitted a letter of support for a previous application for the site. Mr Hunter left the meeting while the application was being determined.
6.6 Applicant: Mr Stuart Young (08/00465/FULLO) PLR-072-09 Part 1
PLR-072-09 Part 2
Location: Development Site at Former Builders Yard and Store at Rear of Shop Units, Patience Way, Caol, Fort William
Nature of Development: Change of Use from Industrial Unit to House
There had been circulated Report No PLR/072/09 by the Area Planning and Building Standards Manager recommending the refusal of the application, for the following reasons:
1. Use of the building as a house would represent a cramped and
congested form of development harmful to the amenity of residents of
the house by reason of its restricted outlook and lack of amenity space.
The use would therefore not accord with Structure Plan Policy G2.
2. Use of the building as a house would represent overdevelopment at
variance to the prevailing settlement pattern of the area which is
characterised by houses with private gardens and/or a combination of
private garden areas and communal open spaces. The use is therefore
inconsistent with the objectives of Lochaber Local Plan Policies 4.5.3(a)
and 3.2.2.
The Committee agreed the recommendation.
6.7 Applicant: Albyn Housing Society Ltd (08/00582/REMRC) PLR-073-09
Location: Land North of Sellar Place, Conon Bridge
Nature of Development: Erection of Twenty Five Houses and Formation of Thirty Nine Serviced House Plots (ARM)
There had been circulated Report No PLR/073/09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. All surface water drainage shall comply with the principles of Sustainable
Urban Drainage systems to the satisfaction of the Roads Authority,
Scottish Water and the Scottish Environment Protection Agency
before the first house is occupied.
Reason: To reduce the risk of flooding and improve water quality.
2. No development shall occur on site until the developer has entered into
a design and build contract with Albyn Housing Association or
equivalent to deliver a minimum of 40% affordable residential units
within Communities Scotland benchmark costs and to be built to
Communities Scotland Housing for Variable Needs standards. For the
avoidance of doubt, the percentage of affordable houses within the
overall development shall be at least 60% with a 50:50 ratio of
affordable rented units to Low Cost Home Ownership.
Reason: In order to ensure a supply of affordable housing in
accordance with Council policy for Affordable Housing and in accordance
with the Applicants stated intentions for the site.
3. The safety reservation illustrated in the plans hereby approved shall be
maintained from the north-west of the boundary of the site and
nothing shall be built within the reservation at any time in the future.
Any variation shall require the prior written approval of the Planning
Authority in consultation with SEPA. The Developer shall submit a
safety risk assessment for the Eil Burn and thereafter safety measures
shall be agreed in writing with the Planning Authority in consultation
with Tec Sevices, and implemented prior to the occupation of the first
house.
Reason: In order to reduce the risk of flooding.
4. All roads and footpaths shall be constructed to the Council’s guideline
standards and no work shall commence on site until a Road
Construction Consent is obtained and a road bond lodged with the
Council. Full details of Street lighting shall be provided to the
satisfaction of the Roads Authority and shall be operational before the
first house in any phase is occupied. Roads shall be 5.5 metres wide
with 2.0 metre footpaths and all driveways shall be surfaced for at least
the first 6 metres with a gradient of no more than 2.5%. The design
shall provide for a 20mph speed limit.
Reason: In the interests of road safety.
5. Traffic calming shall be provided on Wyvis Cresent, in consultation with
the Community and the Roads Authority, and details shall be submitted
as part of the Road Construction Consent and shall thereafter be
implemented before the first house is occupied taking access from
Wyvis Cresent. Traffic calming shall also be provided within the site. A
2.5 metre wide parking bay on the south side of Riverbank Road and a
5.0 metre wide carriageway by road widening to the north, shall be
provided before any construction work commences on site. All to the
satisfaction of the Roads Authority.
Reason: In the interests of road safety.
6. Prior to the commencement of any works including site preparation on
any phase a management report shall be submitted detailing the
methods and practices for on site construction including identification of
the proposed compound and storage areas and the hours of operation
and routing plan for construction vehicles which shall be submitted to
and approved in writing by the Planning Authority, in consultation with
the Roads Authority. The access roads leading to the site shall be
maintained to the satisfaction of the roads authority with the surface
being regularly cleared of mud from construction vehicles.
Reason: In the interests of road safety.
7. The houses shall be constructed at the finished floor level illustrated on
the plans hereby approved and any variation shall require the prior
written approval of the Planning Authority. The Reserved Matters
applications for the plots shall include full sections through the site
showing existing and proposed ground levels relative to a fixed and
identifiable level off site, finished floor levels for each house and road
levels relative to existing ground levels. The development shall be
undertaken in accordance with these levels unless the prior written
approval of the Planning Authority is obtained for any variation.
Reason: In the interests of amenity as the site slopes and the level of
developments must be controlled to ensure a satisfactory development.
8. Operations for which noise is audible at the boundary of any residential
property may only be carried out between 0800 hours – 1800 hours
Monday to Friday; 0800 hours – 1300 hours on Saturdays; and not at all
on Sundays, unless prior written consent is obtained from the Planning
Authority.
Reason: In order to reduce the risk of noise nuisance in the interests
of residential amenity.
9. The development shall proceed in accordance with the phasing plan
hereby approved and the development shall be undertaken in
compliance with the approved plan with 80% of any phase being
completed before the next phase commences. Any variation shall
require the prior written approval of the Planning Authority. The
access road and footpaths within each phase shall be completed to at
least basecourse standard and street lighting shall be operational, all to
the satisfaction of the Planning Authority, in consultation with the
Roads Authority, before the first house is occupied within each phase
unless alternative arrangements have been formally agreed in writing.
Reason: In the interests of road traffic and pedestrian safety and
residential amenity.
10. The individual house plots shall be developed in accordance with the
Design Brief hereby approved.
Reason: In the interests of amenity.
11. The childrens’ play area shall be provided before the houses are
occupied and the footpath links and the play area shall be to a standard
suitable for adoption by the Council. The play area and any footpath
links shall be maintained by Albyn Housing Society unless suitable
alternative private maintenance arrangements, in perpetuity, all to the
satisfaction of the Council, are agreed in writing. Alternatively, a
developer contribution of an agreed sum shall be made to upgrade the
existing council play area adjacent to Windsor Place before any
development commences on site.
Reason: In the interests of amenity.
12. Prior to the commencement of development a detailed landscape plan
shall be submitted for the written approval of the Planning Authority
specifying the quantity, position, size, species and protection measures
(tree shelters, stakes and ties) of all trees/shrubs to be planted
together with an indication of how they integrate with the
development in the long term. Particular attention should be given to
the embankment along the northern boundary for extensive tree
planting using native species with a combination of more dense
woodland type planting on the lower slopes and groups of larger
standard/1/2 standards in more prominent locations. This plan shall also
include footpath links through the site linking in with existing paths and
possibly providing a short circular walk.
A maintenance programme (which shall include existing trees and
hedging), shall be submitted for approval specifying weed control;
adjustment/replacement of shelters, stakes & ties; formative pruning;
and replacement of failures.
All planting thereby approved shall be undertaken prior to first
occupation/practical completion of the associated phase in accordance
with the approved phasing plan. Any plants which die, are removed or
become seriously damaged or diseased within a five year period shall be
replaced the following planting season to the original specification
(unless otherwise agreed with the Planning Authority). All communal
open spaces and their links shall be maintained by Albyn Housing
Society, unless suitable alternative private maintenance arrangements, in
perpetuity, to the satisfaction of the council, are agreed in writing.
Reason: In the interests of amenity.
13. A secure fence shall be provided along the north west boundary of the
site adjacent to the ditch in accordance with the plans hereby
approved with gated access at either end, before the first house is
occupied, to allow for the ditch to the north west to be adequately
maintained.
Reason: In the interests of public safety and to reduce the risk of
flooding.
14. None of the existing trees on site shall be topped, lopped or felled
without the prior written approval of the Planning Authority. Any trees
proposed for removal to accommodate the development shall be clearly
marked on site and require the prior written approval of the Forestry
Officer prior to their removal. All trees to be retained shall be securely
fenced and protected prior to the commencement of any works on
site to the satisfaction of the Forestry Officer.
Reason: In the interests of amenity.
15. The development shall be undertaken in accordance with the terms of
the sustainable design statement submitted in support of the
application.
Reason: To ensure that the development achieves a high standard of
sustainability in accordance with the developers stated intention and to
justify the increased density.
16. Prior to the occupation of any part of the development, the developer
shall lodge with the Council a financial contribution towards the
provision of community facilities within Conon Bridge. This contribution
shall be agreed with the Planning Authority before any development
commences on site. No development may commence on any part of
the site until evidence of this agreement and a programme of
contribution has been lodged with the Council.
Reason: In the interests of ensuring that new development in Conon
Bridge provides adequate contribution to the provision of community
facilities required as a result as such new development in compliance
with Policy 13, Section 10 of the Ross and Cromarty East Local Plan.
17. Prior to the commencement of development, the developer shall lodge
with the Planning Authority a valid Bond of Cation, for such sum, in
such terms and by such guarantor as shall have been approved by the
Planning Authority, guaranteeing performance of (a) the obligations to
construct, equip and maintain the play area as stipulated in condition 11
hereof; (b) the obligation to construct and maintain footpath links,
stipulated in conditions 11 and 12; (c) the obligations to maintain the
landscaping required under condition 12 hereof.
Reason: In order to ensure that the play area, footpaths and
landscaping areas are provided and maintained timeously.
18. Full details of all boundary treatments shall be submitted for the written
approval of the Planning Authority for the 25 houses hereby approved
and thereafter the development shall be completed in accordance with
the approved details before the first house is occupied.
Reason: In the interests of amenity.
19. Communal satellite dishes shall be provided on the flatted units.
Reason: In the interests of amenity and to avoid the proliferation of
such dishes.
20. Prior to the commencement of development a full schedule of the
external finishes to be used on the houses shall be submitted for the
written approval of the Planning Authority, including samples where
necessary, and this shall include finishes to be applied to the timber
panels, including colours. Thereafter the development shall be
completed in accordance with the approved details unless the prior
written approval of the Planning Authority is obtained for any variation.
Reason: In the interests of amenity.
21. A temporary alternative footpath link between Wyvis Cresent and Sellar
Place shall be clearly signposted for residents’ information, to the
satisfaction of the Access Officer, to ensure a continued footpath link
for residents during construction works. The new footpath link
through the development shall be completed as soon as practicable, to
the satisfaction of the Planning Authority.
Reason: In the interests of residential amenity.
Notes 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.
Flood Risk: It is important to note that the granting of planning permission does not imply there is an unconditional absence of flood risk relating to (of emanating from) the application site. As per Scottish Planning Policy 7: Planning & Flooding, planning permission does not remove the liability position of developers or owners in relation to flood risk.
Scottish Water: You are advised that a supply and connection to Scottish Water infrastructure is dependent on sufficient spare capacity at the time of the application for connection to Scottish Water. The granting of planning permission does not guarantee a connection. Any enquiries with regards to sewerage connection and/or water supply should be directed to Scottish Water on 0845 601 8855.
The Committee noted that the expiry date stated in advertisement under section 34 of the Town and Country Planning (Scotland) Act 1997 was 5 June 2009 and therefore agreed to defer consideration of the application to 30 June 2009.
6.8 Applicant: Mr D Redpath (08/00884/FULRC) (PLR-074-09 PLR-074-09
Location: Land at Croft Downie, Craig Downie, Craigton Point, North Kessock
Nature of Development: Erection of House (Detail)
There had been circulated Report No PLR/074/09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the prior conclusion of a Section 75 Agreement to secure the following:-
The holiday letting unit hereby approved shall not be made available for occupation as a permanent residence, nor shall it be occupied for more than three consecutive months, nor for more than six months in total in any calendar year by the same persons or groups of persons;
and subject to the following conditions:
1. Prior to the commencement of development full details of the finished
floor level of the holiday letting unit in relation to the existing ground
levels across the site, shall be submitted for the consideration and
written approval of the Planning Authority. For the avoidance of doubt
no development shall take place below 3.69mAOD. Thereafter the
development shall be implemented in accordance with the agreed
details.
Reason: The site lies close to the 5m contour and therefore
appropriate action is required to protect the occupiers of the chalet
from the risk of flooding from the coastal waters.
2. For the avoidance of doubt at no time during or after construction of
the development shall the right of way which runs along the north
western boundary of the site be obstructed or access along it
deterred, all to the satisfaction of the Planning Authority.
Reason: To comply with the Council’s statutory duty to uphold access
rights.
3. Except as otherwise provided by the terms of this permission, the
developer shall construct and operate the development in accordance
with the plans and supporting information submitted with the
application and docquetted as relative hereto with no deviation
therefrom unless otherwise approved in writing by the Planning
Authority.
Reason: In order to clarify the terms of the permission hereby granted
and to ensure that the development is implemented as approved.
4. Prior to the commencement of development a turning head shall be
provided on the private access to Croft Downie. Details of the location
and specification of the turning head and appropriate signage shall be
submitted for the consideration and written approval of the Planning
Authority in consultation with the Roads Authority within 3 months of
the date of this permission. Thereafter all works shall be carried out as
agreed to the satisfaction of the Road Authority before the holiday
letting unit is first occupied.
Reason: In the interests of road safety and to ensure appropriate
provision for the access and turning for service vehicles.
5. Prior to occupation of the holiday letting unit details of all boundary
treatments shall be submitted for the consideration and written
approval of the Planning Authority and thereafter implemented in
accordance with the agreed scheme.
Reason: In the interest of visual amenity and also to ensure that there
is no conflict with the council’s statutory duty to uphold access rights.
6. With effect from the date of this permission, no trees are to be cut
down, uprooted, topped, lopped (including roots) or wilfully damaged
in any way, without the prior written permission of the Planning
Authority.
Reason: To ensure the protection of retained trees during
construction and thereafter.
7. Prior to the commencement of development a detailed tree survey,
provided by a suitably qualified abroculturalist, shall be undertaken of
the trees within the boundary of the site. The survey shall included
details of the age, condition and species type of all trees and shall
indicate all trees that are to be retained and those that are to be
felled. No works shall be carried out to any of the trees until the tree
survey and works have been considered and agreed in writing with the
Planning Authority. Any trees which need to be removed, for
whatever reason, must be replaced during the next planting season.
Details of the replanting must be submitted for the consideration and
written approval of the Planning Authority at the same time as the
survey. Thereafter all works shall be in accordance with the agreed
details.
Reason: In the interest of visual amenity and to ensure the continuity
of woodland cover within the site.
8. Prior to commencement of development or any site excavation the
position of the proposed septic tank and treatment system, along with
any underground services are to be clearly pegged out and agreed in
writing. Any trees proposed for removal are to be clearly marked and
approved in writing by the Forestry Officer. Thereafter all works shall
be in accordance with the agreed details.
Reason: To ensure the protection of retained trees during
construction.
Note to Applicant
With respect to condition 2 above the following should be noted. The following actions are not allowed as they can obstruct or deter access on the right of way; The placing of material on the path, allowing water, soil or any other substances to flow or spill onto the path, erecting any fence or locked gates, prohibitory signs or notices, plant or overhanging vegetation on the path, projections from buildings, and parking of vehicles or placing any other structures on the right of way
The Committee agreed the recommendation subject to the Section 75 Agreement being at the Applicant’s expense and condition 4 being amended by adding in a requirement to provide two passing places along the access road.
6.9 Applicant: J H Richmond-Watson (08/00906/FULRC) PLR-075-09
Location: Island Cottage, Camusbane, Arnisdale, Kyle
Nature of Development: Demolition of Ruin and Erection of Two Houses (Detail)
There had been circulated Report No PLR/075/09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. Unless otherwise conditioned below, the type and colour of materials to
be used in the development hereby approved shall be as specified on
the approved plans/application form unless the prior written approval of
the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance
with the design hereby approved and is thus sensitive to its
surroundings and respects the visual amenity of the national scenic
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. Notwithstanding the details and plans submitted with the application,
and prior to the commencement of development, full details of the
style and colour finish of the proposed profile roof sheeting to be used
on both of the houses hereby approved 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: To ensure that the development is sensitive to its
surroundings and respects the visual amenity of the national scenic area.
4. Notwithstanding the details and plans submitted with the application,
and prior to the commencement of development, samples of the
natural stone to be used in the construction of the two houses hereby
approved shall be submitted to, and approved in writing by, the
Planning Authority. Thereafter, development shall progress in
accordance with the approved stone sample, unless otherwise agreed
in writing by the Planning Authority.
Reason: To ensure that the development is sensitive to its
surroundings and respects the visual amenity of the national scenic area.
5. Notwithstanding the details and plans submitted with the application,
and prior to the commencement of development, full details of the
proposed timber finish (including colour) to be used on both of the
houses hereby approved 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: To ensure that the development is sensitive to its
surroundings and respects the visual amenity of the national scenic area.
6. The proposed access shall be formed in accordance with the approved
plans and the Council’s Roads Drawing SAS1f (Figure 4 + Service Bay)
prior to the commencement of all other development.
Notwithstanding the above, it shall also have the following attributes:
- a bellmouth area shall be surfaced in dense bitumen macadam for a distance
of 16m back from the existing carriageway edge;
- a service bay (surfaced in dense bitumen macadam) formed to the west of
the access point to the public road (with a 6m, rather than a 4.5m, taper to
the west);
- a hard-standing area for wheelie bins provided adjacent to the public road to
the satisfaction of TECS Roads;
- a minimum of 1m verge formed to the west of the service bay; and;
- visibility splays of 2.5m x 75m in each direction formed from the centre line
of the proposed access.
Prior to all other work starting on site these visibility splays shall be cleared of all obstructions over one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
7. The existing concrete post and wire fence located adjacent to the
junction of the access track with the public road shall be relocated, at
the expense of the developer, to accommodate the service bay and
taper arrangement required by condition 6 above before any other
work commences on site.
Reason: In the interests of road safety.
8. Prior to the first occupation of either of the houses hereby approved,
parking and turning for a minimum of two vehicles shall be provided
within the curtilage of each house and thereafter maintained in
perpetuity.
Reason: To ensure that vehicles do not park on the public road, in the
interests of road safety.
9. Finished floor levels for each house shall be no lower than 5m AOD
(with a maximum of 0.75m under-build), unless otherwise agreed in
writing by the Planning Authority.
Reason: To ensure that the houses are not subject to the risk of 1 in
200 year event coastal flooding.
10. Notwithstanding the provisions of Article 3 and Classes 1, 2 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
external alterations shall be undertaken to, and no extensions or
outbuildings shall be erected within the curtilage of, either of the
dwellinghouses hereby approved without planning permission being
granted on an application made to the Planning Authority.
Reason: In order to safeguard the homogenous character of the
development and prevent excessive residential intrusion into an area of
principally open countryside.
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.
Flood Risk: It is important to note that the granting of planning permission does not imply there is an unconditional absence of flood risk relating to (of emanating from) the application site. As per Scottish Planning Policy 7: Planning & Flooding, planning permission does not remove the liability position of developers or owners in relation to flood risk.
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.
Scottish Water: You are advised that a supply and connection to Scottish Water infrastructure is dependent on sufficient spare capacity at the time of the application for connection to Scottish Water. The granting of planning permission does not guarantee a connection. Any enquiries with regards to sewerage connection and/or water supply should be directed to Scottish Water on 0845 601 8855.
The Committee agreed the recommendation.
6.10 Applicant: Ms Serena Mason (08/01005/FULRC) PLR-076-09
Location: Site 160 m West of Nurses Home, 7 Durnamuck, Dundonnell, Garve
Nature of Development: Erection of House and Carport (Detail)
There had been circulated Report No PLR/076/09 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-
1. The orientation of the house, with gable facing the public road, is
considered out of keeping with development in the immediate locale
contrary to policy G2 of the approved Structure Plan and Policy 1 of
the adopted Wester Ross Local Plan.
2. The design and overall width of gable and the hipped roofs are
considered out of keeping within this locale, where houses are
characterised by gabled roofs over narrow end gables, contrary to
Policy 1 of the adopted Wester Ross Local Plan.
The Committee was informed that the Grazings Committee had not received neighbour notification and the Committee therefore deferred consideration of the application to allow this to be carried out.
6.11 Applicant: Ms Una MacKay (09/00024/OUTLO) PLR-077-09
Location: Housing Site to West of Fir Cottage, Glencoe
Nature of Development: Amendment to 06/00191/OUTLO Erection of 4 Houses – New Access Road and Drainage Arrangement
There had been circulated Report No PLR/077/09 by the Area Planning and Building Standards Manager recommending the refusal of the application for the following reasons:-
1. The proposed relocated access route will extend through an area of
Ancient Woodland, and is within a National Scenic Area. It is considered
that the formation of the access route, the necessary embankments
and engineering works will have a significant adverse impact on the
Ancient Woodland and will have a resultant impact on the scenic
qualities of the area. The proposal is therefore contrary to Policy G2 of
the Highland Structure Plan, Policy 3.6.6, 3.6.7 and 6.5.22 of the
Lochaber Local Plan, Policy 4 of the Draft West Highland and Islands
Local Plan, and National Planning Policy Guideline 14.
2. The proposal will result in the loss of an additional area of semi-nature
alder and birch, beyond the original consent, to allow for a shared
soakaway. No supporting information has been provided on the
engineering options/solutions for the foul drainage arrangement to
justify this further loss of trees. The proposal is therefore considered to
be contrary to Policy G2 of the Highland Structure Plan and Policy 3.6.7
of the Lochaber Local Plan due to the unjustified loss of trees and the
resultant impact on the scenic quality of the area.
The Committee agreed the recommendation.
6.12 Applicant: D MacLean (09/00064/OUTLO) PLR-78-09
Location:2 B Conista, Isle of Skye, IV51 9UJ
Nature of Development: Erection of House, Formation of New Access and Installation of sewerage Treatment System
There had been circulated Report No PLR/078/09 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, to the maximum achievable compliance with drawing
SAS 1f (Figure 1 and Service Bay) on land that is within the applicants
control or ownership. Once approved the access improvements shall
be undertaken to base course level prior to commencement of other
aspects of the development. The access shall be finished with the
appropriate surface treatment on occupation of the house and
thereafter maintained in perpetuity.
Reason: In the interests of road safety.
2. 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.
3. Notwithstanding the approved plans the roof shall be finished in slate or
good quality slate substitute. Full details of which shall be submitted
to and approved in writing by the Planning Authority.
Reason: In the interests of amenity and securing a better design for
the proposal.
4. Within 1 month of the occupation of the house hereby approved the
static caravan shall be removed from the site and the ground made
good. The Planning Authority shall be informed of the removal and
means of disposal of the static caravan.
Reason: to regulate the removal of the caravan and to ensure that it
is disposed of in an appropriate manner.
The Committee agreed the recommendation with condition 1 amended as follows:-
Notwithstanding the details of the approved plans the approved house shall be constructed to ensure sufficient land is retained to provide a turning area that complies, in terms of geometry, with Figure 6.2.4 of Highland Council’s document: Road Guidelines for New Developments. A plan showing the revised access arrangement shall be submitted for the further written approval of the Planning Authority within 3 months of the date of this consent. Once approved the access arrangement shall be completed to base course level prior to commencement of works on site and prior to occupation of the house shall be completed to the specification of the Roads Authority. Thereafter the access arrangement shall be retained in perpetuity.
6.13 Applicant: Kingsgate Developments Ltd (09/00070/FULLO) PLR-079-09 Part 1 PLR-079-09 Part 2 PLR-079-09 Part 3
Location: Land South West of Fort William Health Centre, Camaghael
Nature of Development: Erection of 90 Bed Care Home
There had been circulated Report No PLR/079/09 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 evidence is exhibited to
this Planning Authority that an agreement has been reached by the
applicant with Scottish Water for the provision of foul drainage and a
public water supply to serve the development.
Reason: To ensure adequate infrastructure for water / sewage
provisions are available for connection.
2. No development shall commence on site until evidence is exhibited to
this Planning Authority that an agreement has been reached by the
applicant with Scottish Water and the Council’s Area Roads Manager for
the provision of the surface water drainage scheme as set out in the
Drainage Statement prepared HGA(UK)Ltd accompanying this
application.
Reason: To ensure adequate permissions are in place for the provision
of the scheme for disposal of surface water.
3. No development shall commence on site until sections through the site
showing the existing levels, the amount of peat to be removed, the
extent of upfilling required and the finished ground level; supported by
assessment on the flooding issues related to site levels; has been
submitted to and approved in writing by the Planning Authority in
consultation with the Council’s Area Roads Manager.
Reason: To prevent localised flooding of the site and in the interests of
visual amenity.
4. No development shall commence on site until a traffic management plan
for both during construction of the development and for the operation
of the care home facility. Thereafter the development/premises shall be
operated in accordance with the approved traffic management plan.
Reason: In the interests of road and pedestrian safety.
5. Prior to the commencement of works on the construction of the care
home, a fully detailed scheme of hard and soft landscaping for the site,
including a scheme of maintenance, shall be submitted to and require
the approval of the Planning Authority. All approved planting shall be
undertaken in the first planting season following initial occupation of the
building, together with the surfacing, fencing and garden structures
and shall thereafter be maintained in accordance with the approved
scheme of maintenance. Any plants which, within a period of 5 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 visual and residential amenity.
6. Prior to the commencement of works on the construction of the care
home the finalised access layout, parking and turning provision on the
site, together with pedestrian linkages, shall be submitted to and
approved in writing by the Planning Authority in consultation with the
Area Roads Manager. Thereafter the access, parking provision and
pedestrian linkages shall be fully formed and marked out in accordance
with the approved details prior to the initial occupation of the care
home facility.
Reason: In the interests of road and pedestrian safety.
7. No development shall commence on site until details of all materials,
including samples and details of colour, to be used on the external
surfaces of the walls and roof of the buildings have been submitted to
and approved in writing by the Planning Authority. Such details shall
show natural slate for the roof, and a mixture of white painted smooth
cement render, timber cladding, natural stone and good quality
reconstituted stone for the external walls, unless otherwise first agreed
in writing by the Planning Authority. Thereafter the development shall
be completed in accordance with the approved details unless otherwise
first agreed in writing by the Planning Authority.
Reason: To secure a high standard of finish appropriate for a building
on this prominent site, in order to integrate the proposal into its
landscape/townscape setting and in the interests of visual amenity.
Note to Applicant
The applicant is advised that a separate planning permission may be required for the disposal of peat overburden from the site to an off-site location. The applicant is advised to consider this issue at their earliest opportunity and discuss with the Planning Service.
The applicant is advised that the granting of planning permission does not carry with it any guarantee that the facility will be registered by the Care Commission. The applicant is advised to make early contact with the Care Commission to discuss the proposals.
The applicant is advised that the granting of planning permission does not carry with it any guarantee that Scottish Water will grant permission for connection to their infrastructure. The applicant is advised to make early contact with Scottish Water to discuss the proposals.
The Committee agreed to defer the application for a site visit prior to the meeting of the Committee on 30th June 2009 with application to be determined at the meeting thereafter.
Mr David Chisholm declared an interest in item 6.14 following as he was an objector thereto and left the meeting while the application was being considered.
6.14 Applicant: Ashington Brook (09/00085/OUTLO) PLR-080-09
Location: Vulcan Cottage, Great North Road, Muir of Ord, IV6 7TP
Nature of Development: Change of Use of House to House of Multiple Occupation (Retrospective)
There had been circulated Report No PLR/080/09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:-
1. Except as otherwise provided by the terms of this permission, the
developer shall construct and operate the development in accordance
with the plans and supporting information submitted with the
application and docquetted as relative hereto with no deviation
therefrom unless otherwise approved in writing by the Planning
Authority.
Reason: In order to clarify the terms of the permission hereby granted
and to ensure that the development is implemented as approved.
2. Secure cycle storage facilities shall be provided on site to the
satisfaction of the Planning Authority at all times.
Reason: To encourage the use of sustainable transport.
3. The provision of sixteen parking spaces within the curtilage of Vulcan
Cottage shall be made prior to its occupation and shall be maintained at
all times thereafter. For the avoidance of doubt this will require 2
parking spaces to be available within the existing garage at all times.
Reason: In the interests of road safety.
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.
Following discussion, Mrs Angela MacLean seconded by Mrs Isobel McCallum moved for a site visit at 9.30 am on 4th August 2009 with the application to be determined at the scheduled meeting of the Committee at 10.30 am that day.. There being no amendment the motion became the finding of the meeting.
6.15 Applicant: Graham Cameron (09/00105/FULLO) PLR-081-09
Location: Somerled, Arivegaig, Acharacle
Nature of Development: Removal of Condition 6 of Planning Consent 03/00421/FULLO Relating to Occupancy of the House
There had been circulated Report No PLR/081/09 by the Area Planning and Building Standards Manager recommending the grant of the application for condition 6 of planning permission 03/00421/FULLO dated 17th March 2004 to be deleted.
The Committee agreed to refuse the application but to advise the Applicant that the Committee might look favourably on an arrangement which would allow the house to be let.
Reason:
Deletion of the condition does not allow adequate control to prevent the separate sale of the house from the croft, contrary to the original justification for the house.
6.16 Applicant: Cable and Wireless (09/00231/FULRC) PLR-082-09
Location: Black Isle Education Centre, Raddery, Fortrose IV18 0SN
Nature of Development: Erection of 15 m Pole and Radio Antenna
There had been circulated Report No PLR/082/09 by the Area Planning and Building Standards Manager recommending the grant of the application subject to no objections from National Air Traffic Services.
The Committee agreed:
- the recommendation;
- that the Education service be advised of the Committee’s dissatisfaction with the way this application had been made with the lack of communication leading to unnecessary anxiety in the community;
- to ask that, in future, local members be advised of all planning applications in their ward made by or on behalf of the Council.
7. Decisions of Appeals to the Scottish Government Directorate for
Planning and Environmental Appeals
7.1 Applicant: Scottish Water (07/00480/FULLO)
Location: Land at North Ballachulish, Wastewater Treatment Works, North Ballachulish
Nature of Development: Re-profiling of land and installation of 6 No Septic Tanks with Associated Development.
The Committee agreed to note that following his site inspection, the Reporter had requested a Hearing to be held on 10th June 2009 to discuss in greater detail issues raised by the application and that Mr Bren Gormley would represent the Council.
7.2 Applicant: Mrs Rita Bishop (07/01271/FULRC)
Location: Building 20 m North of Inchbae Lodge Hotel, Garve
Nature of Development: Change of Use from Holiday Accommodation to Two Houses
The Committee agreed to note that an appeal had been lodged against a condition imposed as a requirement of the Trunk Roads Authority.
7.3 Applicant: Mr and Mrs B Harvey (08/00276/FULRC)
Location: 10 Harbour Road, Plockton
Nature of Development: Erection of Extension to House
The Committee agreed to note that an appeal against a condition requiring an access gate to an adjacent property be reinstated post development had been lodged to be dealt with by written submission.
7.4 Applicant: Mr and Mrs A MacLeod (08/00593/FULRC - Appeal Decision Location: Garden Ground of Applecross Schoolhouse, Camusterrach
Nature of Development: Erection of House (Detail)
The Committee agreed to note that this appeal against a delegated decision to refuse had been upheld.
7.5 Applicant: Mr Ewen Gillies (08/00698/FULRC)
Location: Land to South West of Bogroy Cottage, Bogroy, Tore
Nature of Development: Erection of Two Houses (Detail)
The Committee agreed to note that the Scottish Ministers have confirmed that they are content with the Planning Authority to determine this application.
The Chairman approved consideration of the following item although not on the Agenda.
Reason: Committee needed to be advised of an on-going breach of a condition.
8.0 Applicant: Mr and Mrs Hadfield (08/00313 - 316/OUTLO) (PLR/005/09)
Location: North of Ardlochy House, Gairlochy
Nature of Development: Erection of four Houses
Mr Bill Clarke advised the Committee that there had been a serious breach of a condition of this application which had been granted by Committee at its meeting on 13th January 2009 in that roots of trees had been cut despite the Developer being told to stop.
The Area Planning Manager advised that along with other powers elements of planning legislation are under review and that new powers are proposed relating to enforcement but the regulations and relevant guidelines have not yet been published. When this occurs a report will be placed to PED Committee in relation to these and this would then be forwarded and circulated to the Planning Applications Committee.
The Committee noted that a Report would be placed before the Planning and Economic Development Committee on new enforcement powers but agreed that a Report be prepared for their next meeting on the action being taken regarding this breach together with a summary of existing and new enforcement powers.