• Agenda

Minute of the meeting of the Ross, Skye and Lochaber Planning Committee held in the Council Chamber, Council Offices, Lochaber House, Fort William on Tuesday 19 January 2010 at 10.30 am.

Committee Members Present

Mr Billy Barclay
Mr Peter Cairns (by video conference from Dingwall)
Mr Donald Cameron
Mrs Isabelle Campbell
Mr Bill Clark
Mr Eddie Hunter
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Audrey Sinclair

Non-Committee Members Present:

Mr Allan Henderson (Local Member Vote for items 6.5, 6.7 & 6.11
Mrs Angela MacLean (Local Member Vote for items 6.2 and 6.12 by video conference from Dingwall)
Mrs Margaret Paterson (Local Member Vote for items 6.2 and 6.12)

Officials in attendance:

Mr Alaisdair Mackenzie, Area Solicitor
Mr Dafydd Jones, Area Planning and Building Standards Manager
Ms Susan Poole, Planning Team Leader
Mr Chris Strong, Principal Engineer, TECS
Mr Steven Grant, Principal Technician, TECS

Mr Bill Clark in the Chair

Business

1. Apologies for Absence

Apologies were received from Mr David Chisholm, Mr Michael Foxley and Mr Hamish Fraser.

2. Confirmation of Minutes

There had been circulated for confirmation the minute of the meeting of the Committee held on 01 December 2009

The minute was held as read and approved.

3. Matters Arising

The Committee agreed to hold a site hearing at 10.30 am on 16 February 2010 to consider the following applications:

09/00471/OUTRC - Erection of Houses, Formation of Access and Parking and
Provision of Amenity/Open Space at Ness Gap Site, Ness Road, Fortrose

09/00472/FULRC - Erection of 16 Affordable Houses and 16 Affordable Flats
(Phase 1A & 1B) at Ness Gap Site, Ness Road, Fortrose

4.     Continued Items

4.1  Applicant: Mr A Gordon (07/00347/OUTSL) (PLR-001-10 (9878kb pdf))
Location: Land to East of 9A Kildonan, Edinbane, Portree
Nature of Development:  Erection of House (Outline)

There had been circulated report No PLR/001/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the prior conclusion of a section 75 Agreement restricting the use of the building to holiday use and tying the building to No 9B Kildonan and the following conditions:-

1. This planning permission in principle shall lapse three years from the date of this permission should no subsequent application for the approval of matters specified in conditions be submitted within this time. In any case, the development to which this permission relates must commence no later than three years, or two years from the date of approval of any matter(s) specified in conditions, whichever is the later.

Reason: In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. A further application, or applications, for the approval of matters specified in this condition must be made within three years of the date of this decision notice. The application shall be in the form of a detailed layout of the site (including landscaping and car parking), and detailed plans, sections and elevations of the building/s. The matters specified in this condition are the siting, design and external appearance of any building(s), the means of access and landscaping.

Reason: In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Any details pursuant to Condition 2 above should show a house of traditional/blackhouse/longhouse design in form and finish and which shall incorporate the following, unless otherwise agreed in writing with the Planning Authority:

• The building shall be rectangular in shape and gabled with a footprint not
   exceeding 12 x 5.5 metres, with traditional chimney detailing.

• The building shall be single storey.

• The roof shall be symmetrically pitched at least 37 degrees and finished
   either in natural slate or thatch roof finish.

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

• The building shows a traditional pattern of fenestration and door openings.
   Any details pursuant to Condition 1 above shall show full details of existing
   and proposed site levels.  Such details shall include cross-sectional drawings
   through the site to show existing ground levels and finished floor levels.

Reason:   In the interests of visual and residential amenity.

4. Any details pursuant to Condition 2 above shall show full details of all boundary treatments including plans indicating the positions, design, materials and type of boundary treatments to be erected.  Prior to the first occupation of the house hereby approved the boundary treatments shall be erected in accordance with the approved details unless otherwise first agreed in writing by the Planning Authority.

Reason:  In the interests of visual amenity.

5. Any details pursuant to Condition 2 above shall show full details of surface and foul water drainage, including accurate plans of the proposed raised soakaway.  The drainage system shall be installed in accordance with the approved details unless otherwise first agreed in writing by the Planning Authority.

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

6. 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.

7. Prior to the commencement of development, details of improvements to the access, including the provision of two additional places and adequate stone resurfacing shall be submitted to and approved in writing by the Planning Authority.

Reason:  In the interests of road safety and the convenience of users of the private access track.

8. Should a Section 75 Agreement not be concluded within 6 months of the date of this committee meeting, it is recommended that planning permission be refused for the following reason:

A house at this location would not be reflective of the widely dispersed settlement pattern that is characteristic of the locality.  Without the conclusion of a Section 75 Agreement to secure the building’s use as a holiday let and binding it to No 9B Kildonan, a house at this location would not be reflective of the existing widely dispersed settlement pattern that is characteristic of the locality.  The application would therefore fail to accord with the Highland Council’s policies for Housing in the Countryside.

Subject to the section 75 Agreement being at the applicant’s expense, the Committee agreed the recommendation.

4.2  Applicant: Ms J MacQueen (08/00878/CONRC) Note (12kb pdf)
Location: Tigh Beag, Rhu, Plockton
Nature of Development:  Demolition of House (Conservation Area Consent)

The committee agreed to note that following the approval by Committee of this application it had been called in by the Scottish Ministers.

5.     Delegated Powers

The Committee agreed to note the delegated decisions on planning applications from 22 November 2009 to 09 January 2010, the complete list of which was available on the Members’ Bulletin and via The Highland Council website.

The Committee thanked the planning staff for their efforts.

6. Planning Applications to be Determined

6.1  Applicant: Ms S Mackintosh (08/00489-492/OUTLO & 09/00163-165/OUTLO) (PLR-002-10 (2416kb pdf))
Location:  Marine House, Onich, Fort William
Nature of Development:  Erection of Seven Houses

There had been circulated report No PLR/002/10 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 that plots 5, 6 and 7  ref 09/00163-5/OUTLO are for affordable housing and the following conditions:-

1. This planning permission in principle shall lapse three years from the date of this permission should no subsequent application for the approval of matters specified in conditions be submitted within this time. In any case, the development to which this permission relates must commence no later than three years, or two years from the date of approval of any matter(s) specified in conditions, whichever is the later.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. A further application, or applications, for the approval of matters specified in this condition must be made within three years of the date of this decision notice. The application shall be in the form of a detailed layout of the site (including landscaping and car parking), and detailed plans, sections and elevations of the building/s. The matters specified in this condition are the siting, design and external appearance of any building(s), the means of access and landscaping.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Any details pursuant to Condition 2 above shall include a dwelling house which shall:

i) Be finished in white wet dash render or natural stone or a mixture of both;

ii) Have a roof covering of natural slate or good quality slate substitute;

iii) Be single or one and a half storeys in height;

iv) Incorporate windows with a strong vertical emphasis;

v) Have a roof pitch of not less than 40° and nor more than 45º;

vi) Be predominantly rectangular in shape width traditional narrow gable ends;

vii) Be sited to fit with the natural contours of the site and using existing
     landscape features as a natural backdrop.

Reason : In the interests of visual amenity and in order to maintain the character of the area and integrate the proposed dwellinghouse with its surroundings.

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) existing landscaping features and vegetation to be retained

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

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

v) programme for completion and subsequent on-going maintenance.

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

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

Reason : In the interests of visual amenity, in order to integrate the development with its surroundings and maintain the landscape character of the area.

5. That no development shall commence until the shared site access and the required visibility splays are provided to accord with the requirements set out in the attached Road Schedule dated 5th January 2010. The access shall be so maintained thereafter in perpetuity.

Reason : In the interests of road safety.

6. Any details pursuant to Condition 2 above shall show the access road serving the development designed to the Highland Council standards for a Road over with the public has a right of access in terms of the Roads (Scotland) Act 1984, as outlined in the Roads Guidelines for New Development. 

Reason : In order to ensure that provision is made for a service “road” commensurate with the scale of the overall development and having regard to the status of the proposed access as a residential service road.

Footnote to Applicant Reletive to Application 08/00489/OUTLO

Scottish Water

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 prior to the commencement of development.

Scottish Water,
Planning and Development Services,
419 Balmore Road,
Glasgow.
G22 6NU
Tel: 0845 601 8855
www.scottishwater.co.uk

TEC Services

Road openings permit required.
Road Construction Consent.

Area Roads and Community Works Manager,
Ross, Skye and Lochaber Area,
Lochybridge Depot,
Carr’s Corner Industrial estate,
Fort William.
PH33 6TL
Tel: 01397 709000

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.

Subject to the section 75 Agreement being at the applicant’s expense, the Committee agreed the recommendation.

6.2 Applicant: OER 2006 Ltd  (09/00188/FULRC) (PLR-003-10 (4441kb pdf))
Location: Land at Craig Wood, Old Evanton Road, Dingwall
Nature of Development: Formation of Forty Eight House Plots with Access Road and Services (Detail) (Resubmission)

There had been circulated report No PLR/003/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the prior conclusion of a S75 to secure affordable housing and a Developer’s contribution for road improvements and education provision and the following conditions:-

1. The development to which this planning permission relates must commence within three years of the date of this decision notice.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this decision notice has been submitted to and acknowledged by the Planning Authority. From the date of acknowledgement, the Site Notice attached to it shall be posted in a publicly accessible part of the site until the development is completed.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Upon completion of each phase of the development the completed Notice of Completion form attached to this decision notice shall be submitted to the Planning Authority. 

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

4. Prior to the occupation of any part of the development, the Developer shall lodge with the Council a financial contribution towards the provision of road improvements and education provision  in accordance with the approved guidelines for developer contributions in Dingwall .  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 Dingwall provides adequate contribution to the provision of road improvements and education provision required as a result as such new development in compliance with policy 16, section 14 of the Ross and Cromarty East Local Plan.

5. The development shall proceed in accordance with the following phasing:

1. Phase 1 :  21 units ( 12 affordable & 9 private)

2. Phase 2:  12 units

3. Phase 3:  15 units

Only phase 1 shall proceed before the Kinnairdie Link Road programmed for provision in 2010-2011 is completed and available for use and any variation shall  require the prior written approval of the Planning Authority.

Thereafter the development shall be undertaken in compliance with the approved phasing with 80% of houses in phase 2 being completed before phase 3 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 with the Planning authority.

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

6. No development shall commence until evidence is exhibited to the Planning Authority that an agreement has been reached between the Developer and Scottish Water for the provision of a drainage and/or a water scheme to serve the development.

Reason:  In the interests of public health to ensure the adequate provision of water/sewage infrastructure.

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

Reason: In order to ensure the protection of the archaeological interest of the site.

8. Construction work associated with the development hereby approved and delivery of construction materials to the site, for which noise is audible at the boundary of the site shall only be carried out between 0800 hours and 1900 hours Monday to Friday, between 0800 hours and 1300 hours on Saturdays and at no time on a Sunday or public holidays.         

Reason : To minimise the risk of noise nuisance given the close proximity of the existing houses.  

9. The access road shall be provided to the Highland Council adoptive standards outlined in the Roads Guidelines for New Development including full drainage details and traffic calming and no work shall commence on site until Road Construction Consent has been granted.  The access shall include visibility splays of 4.5m x 120 metres in both directions at the access junction with Old Evanton Road prior to any other work commencing on site which shall be maintained in perpetuity thereafter.   An extension of the public footpath shall be provided from the north west boundary of the site along old Evanton Road to link into the existing footpath at Mountrich Place.  The lower portion of the single track section of the proposed road shall be redesigned to the satisfaction of the Roads Authority.  No surface or ground water shall discharge from or onto the public road, from any part of the site.

Reason: In the interest of road traffic safety. 

10. A building reservation shall be maintained along the frontage with Old Evanton Road, between the public road and the Intermediate Pressure Gas main, to the satisfaction of the Roads Authority, to facilitate future improvements to the Old Evanton Road/ St Andrews Road junction.

Reason: In the interest of road traffic safety.

11. Prior to the commencement of any works on site full details of surface water drainage measures to comply with the principles of Sustainable Urban Drainage systems shall be submitted for the written approval of the Planning Authority in consultation with the Roads Authority and Scottish Water.  The scheme shall be implemented in accordance with the approved details before the first residential unit is occupied. 

Reason : To reduce the risk of flooding and improve water quality.

12. During construction, the developer shall provide measures to prevent mud, dust and/or debris being taken out onto the public road or provide suitable arrangements for sweeping the public road on a regular basis or any other measures to keep the public road clear of deleterious material to the satisfaction of the Roads Authority as may be agreed in writing with the Planning Authority in consultation with the Roads Authority. 

Reason : In the interests of road safety to prevent deleterious material being deposited on the public road.

13. Prior to the occupation of any house the following shall be provided, all to the satisfaction of the Planning Authority :

1. The first 5 metres of the access road, as measured from the edge of the public carriageway, shall be surfaced in bituminous macadam or similar hard material in accordance with the Highland Council’s road guidelines for new developments. 

2. Gradient of access over first 5 metres must not exceed 1 in 16.

3. Positive drainage measures shall be undertaken, in accordance with Highland Council Guidelines, to ensure that no ground or surface water flows onto the public road from the site. 

4. Provision shall be made and thereafter maintained in perpetuity for the parking of two cars within the curtilage of each house site.

Reason : In the interests of road safety.

14. Prior to the commencement of any works including site preparation 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 a routing plan for construction vehicles which shall be submitted to and approved in writing by the Planning Authority, in consultation with the Roads Authority.  

Reason : In the interests of road traffic and pedestrian safety.

15. Six grit bins are to be provided and installed on a concrete or slabbed hard standing, details of which shall be submitted prior to the commencement of works for the consideration and written approval of the Planning Authority in consultation with the Roads Authority.  Thereafter the grit bins shall be installed in the agreed locations prior to the formal adoption of the road and thereafter retained in perpetuity. 

Reason : In the interests of road traffic and pedestrian safety.

16. A bus layby shall be provided on Old Evanton Road to the guideline standards of the Roads Authority between St Andrews Road and Mountrich Place to the satisfaction of the Roads Authority prior to the occupation of the first house.

Reason:  In the interests of road traffic safety.

17.  Prior to the commencement of construction of houses, detailed proposals shall be submitted by the developers for the layout, provision and maintenance in perpetuity of equipment for pre-school and 4 – 8 year old children within the play area identified.  This shall be agreed in writing with the Planning Authority, in consultation with TEC Services, and shall be implemented in accordance with the agreed proposals, by the developers, prior to the occupation of the twenty second residential unit.  

Reason: To ensure that appropriate play equipment is provided timeously.

18. A Safer Routes to School audit shall be undertaken before work commences on the first house for the consideration and written approval of the Planning Authority in consultation with the Roads Authority.  This shall include the identification of safe crossing points for Mountrich Place and Old Evanton Road.  Thereafter the recommendations of the approved Safer Routes to School audit shall be implemented in full before the first house is occupied.

Reason:  In the interests of pedestrian safety.

19. For the avoidance of doubt further applications shall be submitted to the Planning Authority before any work commences on any individual house site, together with the requisite detailed plans to include:-

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

b) The houses immediately below Old Evanton Road shall be single storey only
    in height;

c) 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; 

d) Landscaping proposals including proposed tree and shrub planting to be
    carried out.

Reason: To provide adequate details of the proposed development and in the interests of amenity.

20. If any section of the site is to be developed as individual plots a detailed design brief shall be submitted for the written approval of the Planning Authority to agree the parameters for the development of the site before any development commences and any individual plots shall be developed in accordance with the approved Design Brief.

Reason:  In the interests of amenity.

21. Prior to the commencement of any development on site fully detailed landscaping plans and a scheme of management/maintenance shall be submitted illustrating integration between the proposal and the surrounding area including significant additional tree and hedge planting within the formal landscaped areas and the woodland margins, including the embankment to the south of the site within the applicants’ ownership, which shall be submitted for the written approval of the Planning Authority. The tree planting/landscaping proposals shall be undertaken in the first planting season following the completion of the first phase of the development (21 houses) and shall thereafter be maintained in accordance with the approved scheme of maintenance.  Any plants which, within a period of five years from the date the planting is carried out, die, are removed or become seriously damaged/diseased, shall be replaced in the immediately following planting season with others of a similar size and species.  All works shall be carried out at the developers’ cost to the full satisfaction of the Planning Authority.

Reason:  To allow the landscaping to become established, in the interests of visual amenity.

22.  For the avoidance of doubt and as agreed with the Applicants, prior to the commencement of any development on the site the tree works proposed for the embankment area to the south of the site within the applicants’ ownership as set out in the approved landscaping plan required under condition no 21 shall be undertaken to the written satisfaction of the Planning Authority in consultation with the Forestry Officer.

Reason:  In the interests of amenity as the treed embankment is of amenity value to the setting of the site and the surrounding area.

23. Only trees identified in the letter dated 25 May 2009 ref LTR/2659/A/8/BW and those identified in the landscaping plan, submitted pursuant to condition no 23, for removal may be felled.  Otherwise, for the avoidance of doubt, as all trees are protected by a Tree Preservation Order, no trees shall be cut down, uprooted, topped, lopped (including roots) or wilfully damaged in any way, without the prior written approval of the Planning Authority.

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

24. Prior to any site excavation, all retained trees shall be protected against construction damage using Herras fencing secured to fixed posts and located beyond the Root Protection Area which shall be inspected and confirmed as satisfactory by the Forestry Officer ( in accordance with BS5837:2005 Trees in Relation to Construction).  Thereafter the fencing shall be retained in place until all construction work has been completed or such other time as may be agreed in writing with the Planning Authority.

Reason: In the interests of amenity and to conserve the character of the setting.

25. Before work commences on any individual house a Woodland Management Plan and habitat survey shall be submitted for the woodland areas within the site, including the embankment to the south within the applicants’ ownership, for the consideration and written approval of the Planning Authority in consultation with the Forestry Officer.  Thereafter the woodland areas shall be maintained in accordance with the approved Management Plan in perpetuity.  The mature Ash tree in the vicinity of the gully crossing shall be retained and shall only be felled with the written agreement of the Forestry Officer, as agreed with the Applicants’ Agent.

Reason:  In the interests of amenity.

26. A 20 metre safeguard area shall be maintained between any house and all retained trees on the site.

Reason:  In the interests of amenity and public safety.

27. All paths around the margins of the site, including improvements to the existing path within the embankment area to the south of the site as shown on the submitted plans, shall be constructed to the satisfaction of the Council and shall be 1.5 metres surface width, well drained and to as low a gradient as possible.  Surfacing shall be bitmac where in urban or amenity areas and type 1 (150mm) and dust (10mm) in woodland and remote open spaces.  Safety barriers shall be provided where the three footpath links emerge onto Old Evanton Road to the satisfaction of the Roads Authority.  All footpath links shall be provided commensurate with the adjoining phase of housing and shall be completed before the first house in each phase is occupied.  All paths within the canopy spread of the retained trees shall be constructed using a non-dig specification.

Reason:  In the interests of amenity, to encourage the use of sustainable transport and to comply with the requirements of the adopted Local Plan.

28. The finished floor levels for the proposed houses shall be illustrated on the Matters Specified in Conditions application/s and any whilst efforts shall be made to avoid the need for retaining walls any such structures as may be required shall be clearly shown.  

Reason : In the interests of amenity and to ensure a satisfactory development.

29. 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 17 hereof; (b) the obligation to construct and maintain footpath links, stipulated in conditions 27; (c) the obligations to maintain the landscaping and woodland required under condition 21, 22 and 25 hereof.  

Reason:  In order to ensure that the play area, footpaths and landscaping areas are provided and maintained timeously. 

30. Full details of the siting and design of any electricity sub-stations shall be submitted for the consideration and written approval of the Planning Authority.  Thereafter the development shall be completed in accordance with the approved details.

Reason:  In the interests of residential amenity.

Informative:

Please note that prior to the commencement of any works to any trees on or adjacent to the site a bat survey should be undertaken, to the satisfaction of Scottish Natural Heritage, and you will require a bat license from the Scottish Government prior to undertaking any tree works if any bat habitat is to be disturbed.

Subject to:
-  condition 4 being amended by replacing “any part” in the first line with “the
   first  house”;

- the spelling of “Cation” being amended to “Caution” in condition 29;

- the section 75 Agreement being at the applicant’s expense;

the Committee agreed the recommendation.

6.3  Applicant:  Mr and Mrs Newton Del Campo (09/00266/FULRC) (PLR-004-10 (1336kb pdf))
Location: Land at Carr Brae, Dornie
Nature of Development: Erection of House and Formation of Access
Recommendation: Grant.

There had been circulated Report No PLR/004/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. The development to which this planning permission relates must commence within three years of the date of this decision notice, immediately after which period, should development not have commenced, this planning permission shall expire.

Reason: In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Act 1997 (as amended).

2. Unless otherwise conditioned below, and with the exception of the metal chimney/flue which shall be finished in a matt black or dark grey recessive paint, the materials used in the development hereby approved shall be as detailed in the application form and on the approved plans, unless otherwise agreed in writing by the Planning Authority. For the avoidance of doubt, no external faces of the house hereby approved shall be finished using a coloured finish, without the prior written agreement of the Planning Authority.

Reason: To ensure that the materials and finishes are appropriate for the sensitive National Scenic Area setting of the dwellinghouse.

3. 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 development of a type identified in the aforementioned classes shall take place within the curtilage of the dwellinghouse hereby permitted without planning permission being granted on an application made to the Planning Authority.

Reason: In the interests of the areas visual amenity and to protect the sensitive National Scenic Area setting of the dwellinghouse from the unsympathetic and uncontrolled siting and design of permitted developments normally carried out without express planning permission under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).

4. Notwithstanding the provisions of Article 3 Class 16 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended, revoked or re-enacted; with or without modification), no residential caravan(s) shall be sited within the curtilage of the dwellinghouse hereby permitted without planning permission being granted on an application made to the Planning Authority.

Reason: In the interests of the areas visual amenity and to protect the sensitive National Scenic Area setting of the dwellinghouse from the unsympathetic and uncontrolled siting and design of permitted developments normally carried out without express planning permission under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).

5. Notwithstanding the approved plans, no development shall begin until details of a scheme of hard and soft landscaping works has been submitted to, and approved in writing by, the Planning Authority.  Details of the scheme shall include:

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

ii) existing landscaping features and vegetation to be retained;

iii) location and design, including materials, of walls, fences and gates;

iv) soft and hard landscaping works, including the location, type and size of
    each individual tree and/or shrub (incl. protection measures – e.g. tree
    shelters, stakes and ties) and an indication of how they will integrate with
    the proposed development/setting in the long term; and

v) a programme for completion and subsequent on-going maintenance (incl.
    weed control adjustment/replacement of shelters/stakes/ties, formative
    pruning and the replacement of any failures).

All of 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 which will safeguard the amenity of the National Scenic Area.

6. The earth screening bund shown on the approved plans shall be formed in full (incl. all seeding) and to the satisfaction of the Planning Authority prior to work starting on the house, unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure the timely provision of the screen bund; in the interests of visual amenity.

7. No development shall commence until details of a temporary unloading area for construction vehicles (located on the flat section of land adjacent to the existing passing place at the proposed access junction), have been submitted to, and approved in writing by, the Planning Authority (in consultation with TECS Roads). Thereafter, the temporary unloading area shall be formed in accordance with the approved details prior to the commencement of development and retained for the use of construction vehicles only until the development is substantially complete (immediately after which the unloading area shall be removed in its entirety and the land shall be reinstated by the developer to the previous state, to the satisfaction of the Planning Authority).

Reason: To ensure that vehicles can safely access the site during construction; in the interests of road safety.

8. The proposed access shall be formed in accordance with the approved plans and the Council’s Roads Drawing SAS1f (Figure 1 + Extended Service Bay) prior to the commencement of all other development, with:

i) the bellmouth area surfaced in dense bitumen macadam for a distance of 6m
   back from the existing carriageway edge;

ii) a service bay (surfaced in dense bitumen macadam) formed at the access
   point to the public road (incl. a hard-standing area for wheelie bins);

iii) positive drainage measures to ensure that surface water does not discharge
    to the public road; and

iv) 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.

9. Prior to the commencement of development, a full appraisal to demonstrate the wholesomeness and sufficiency of the private water supply to serve the development shall be submitted to and approved in writing by the Planning Authority. This assessment shall be carried out by a qualified and competent person(s). Such appraisal shall include a risk assessment having regard to the requirements of Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 and shall on the basis of such risk assessment specify the means by which a wholesome and sufficient water supply shall be provided and thereafter maintained to the development. Such appraisal shall also demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of the development, or any other person utilising the same source or supply, shall not be compromised by the proposed development. Furthermore, the development itself shall not be brought into use or occupied until the required supply has been installed in accordance with the agreed specification.

Reason: In the interests of public health and in order to ensure that an adequate private water supply in terms of both wholesomeness and sufficiency can be provided to meet the requirements of the proposed development and without compromising the interests of other users of the same or nearby private water supplies.

10. For the avoidance of doubt, the polytunnel hereby approved shall be finished using green ‘bpi.visqueen Lo-Vis’ film (a sample of which shall be submitted to, and agreed in writing by, the Planning Authority before development commences) and maintained as such in perpetuity, unless otherwise agreed in writing by the Planning Authority. Furthermore, should at any time henceforth the polytunnel lie unused for a continuous period of 6 months or more, or become damaged beyond repair, it shall be removed from site in its entirety (incl. all fixtures or fixings), unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure that the polytunnel is either maintained in an acceptable condition or is removed from site; in the interests of the visual amenity of the NSA.

11. No development shall commence until written evidence has been submitted to, and approved in writing by, the Planning Authority which demonstrates that either:

i) the proposed composting toilet has received all necessary third-party
   consents (incl. a Building Warrant and consent from SEPA, if necessary); or

ii) alternative and acceptable foul drainage provision can be provided within the
   application site and that such provision has received all necessary third-party
   consents (incl. a Building Warrant and a Controlled Activities Licence from
   SEPA, if necessary).

Reason: To ensure that foul drainage emanating from the house can be dealt with properly and without adverse impact on the environment/public health.

12. No development shall commence until full details of the means of disposing of the composting toilet’s waste have been submitted to, and approved in writing by, the Planning Authority (in consultation with Environmental Health). Thereafter, the operation of the toilet shall function as per the approved details, unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure that the composting toilet does not have an adverse impact on the environment/public health.

Note to Applicant

Statutory Requirements

The following are statutory requirements of the Town and Country Planning (Scotland) Act 1997 (as amended). Failure to meet their respective terms represents a breach of planning law and may result in formal enforcement action.

1. The developer must submit a Notice of Initiation of Development (NID) in accordance with Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) to the Planning Authority prior to work commencing on site. Furthermore, work must not commence until the notice has been acknowledged in writing by the Planning Authority.

2. On completion of the development, the developer must submit a Notice of Completion in accordance with Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to the Planning Authority.

Copies of the notices referred-to are attached to this consent for your convenience.

Planning Conditions: 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.

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 / Road Construction Consent: 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.

The Committee agreed the recommendation.

6.4  Applicant: Mr James Lamont (09/00277/PIPSL & 09/00279/PIPSL) (PLR-005-10 (5899kb pdf))
Location: Site “A” Land 500m and Site “B” Land 450m North West of 1 Eyre, Kensaleyre
Nature of Development: Erection of Two Houses, Formation of New Shared Access on to the A87(T) and Installation of Septic Tanks with Soakaways
Recommendation: Refuse.

There had been circulated Report No PLR/005/10 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reasons:

1. The proposed house would by virtue of siting and location appear prominent in views from the A87 (T) Portree to Uig road where it would appear unrelated to, and unreflective of the existing pattern of housing in the locality and therefore contrary to policies H3 and G2 of the Structure Plan and policies (RS1.1) and 2.1.5 of the Skye and Lochalsh Local Plan and Policies 3, 4 and 16 of the Highland and Islands Local Plan (Deposit Draft).

2. The proposed house by virtue of its siting within an open rural location beyond the existing limit of built development on the seaward side of the A87 (T) Portree to Uig road within an otherwise undeveloped area would appear unduly prominent and out of keeping with the established flow and pattern of the landscape and existing development contrary to the provisions of H3 and G2 of the Structure Plan and policies (RS1.1) and 2.1.5 of the Skye and Lochalsh Local Plan and Policies 3, 4 and 16 of the Highland and Islands Local Plan (Deposit Draft) and contrary to the advice on good siting as contained within Planning Advisory Note 72 – Housing in the Countryside.

3. To extend development beyond the current and proposed settlement boundaries would blur the definition of individual settlements by linear development and therefore erode the character and identity of the locality that is characterised by discrete groups of development interspersed by open agricultural land with unrestricted public views of the loch and sea beyond. Such a pattern of linear development at this locality would be contrary to policies H3 and G2 of the Structure Plan and policies (RS1.1) and 2.1.5 of the Skye and Lochalsh Local Plan and create a undesirable precedent for further development in this open area, that would potentially compromise the aims Policies 3, 4 and 16 of the emergent West Highland and Islands plan.

4. The cumulative impact of this development and that of an adjoining site within the applicants control and ownership would compound the impact of a single house development as stated within the reasons for refusal above.

The Committee agreed the recommendation.

6.5 Applicant: A A Young Ltd (09/00290/FULLO) (PLR-006-10 (6661kb pdf))
Location: Rear of Caol Cuts, Glenloy Street, Caol, Fort William
Nature of Development: Formation of One Bedroom Residential Unit
Recommendation: Refuse.

There had been circulated Report No PLR/006/10 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reasons:

1. The Highland Structure Plan (policy G2) and the emerging West Highland and Islands Draft Local Plan (Policy 1, Settlement Development Areas) seek to judge proposals on their compatibility with the nature of existing development and the current business uses in the vicinity. The proposed building does not comply with these policies because it would represent a cramped and congested form of residential development at variance with the commercial/business use character of the area and would give rise to a residential use incongruous in this area and with a low level of amenity for the occupants. The proposal would therefore not accord with the provisions of the Highland Structure Plan or the emerging West Highland and Islands Draft Local Plan.

2. The adopted Lochaber Local Plan policies 4.5.3(a) and 3.2.2 seek to ensure that new infill or consolidation development within built up areas is compatible with the existing form of development and prevailing land uses. The current proposal does not accord with the terms of these policies because the proposed development is likely to lead to a residential unit with an unacceptably low level of amenity in an area where such a use would be incompatible with the form and nature of existing development and inconsistent with the predominant business uses in the neighbouring properties.

3. The position of the site within the service yard area behind a row of shops and other business premises is considered to be an inappropriate location for the proposed permanent residential use especially since the residential unit will not be associated with the adjoining business premises. This location allied to the incompatible nature of neighbouring land uses, some of which could lead to noise and activity at unsocial hours, would be likely to give rise to a development that lacked the appropriate level of space and amenity for a residential unit. 

Following discussion, Mr Eddie Hunter, seconded by Mr Allan Henderson, moved that the application be granted subject to conditions to be agreed by Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

Reasons:
1. by reason of precedent it would not represent a cramped and congested form of residential development, therefore complying with Highland Structure Plan policy G2 and the draft emerging West Highlands and Islands Local Plan;

2. the development would not be at variance with the commercial/business use character of the area;

3. approval would not lead to an unacceptable level of amenity, indeed it is considered that the opposite would be the case; therefore it does comply with the adopted Lochaber Local Plan policies 4.5.3(a) and 3.2.2.

As an amendment, Mrs Isobel McCallum, seconded by Mr Peter Cairns moved that the recommendation be agreed.

Votes were cast as follows:

For the motion (8)
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr Eddie Hunter
Mr Bill Clark
Mr Ian Renwick
Mrs Audrey Sinclair
Mr Allan Henderson

For the amendment (2)
Mrs Isobel McCallum
Mr Peter Cairns

Accordingly the motion became the finding of the meeting and the application was granted subject to conditions to be agreed by Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

6.6   Applicant: Mr Derek Classe (09/00292/OUTLO) (PLR-007-10.Part1 (2872kb pdf) PLR-007-10.Part2. (9018kb pdf))
Location: Grounds of Craignevis East, Belford Road, Fort William
Nature of Development: Erection of Two Flats, Access & Three Parking Spaces
Recommendation: Grant.

There had been circulated Report No PLR/007/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. This planning permission in principle shall lapse three years from the date of this permission should no subsequent application for the approval of matters specified in conditions be submitted within this time. In any case, the development to which this permission relates must commence no later than three years, or two years from the date of approval of any matter(s) specified in conditions, whichever is the later.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. A further application, or applications, for the approval of matters specified in this condition must be made within THREE YEARS of the date of this decision notice. The application shall be in the form of a detailed layout of the site (including landscaping and car parking), and detailed plans, sections and elevations of the building/s. The MATTERS specified in this condition are the siting, design and external appearance of any building(s), the means of access and landscaping.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Any details pursuant to Condition 2 above shall include a building which shall:

i. Be finished in white wet dash render or natural stone or a mixture of both;

ii. Have a roof covering of natural slate or good quality slate substitute;

iii. Have a ridge height no higher than 25 metres above Ordnance Datum;

iv. Have a gable width not exceeding 8m and a span not exceeding 12m;

v. Incorporate windows with a strong vertical emphasis;

vi. Be sited to fit with the natural contours of the site and using existing
    landscape features as a natural backdrop.

Reason : In the interests of visual amenity and in order to maintain the character of the area and integrate the proposed dwellinghouse with its surroundings.

4. Any details pursuant to Condition 2 above shall show the development accessed solely from Alma Road with on site parking and turning provided for 3 cars. 

Reason : In the interests of road safety.

5. Development shall not begin until details of the scheme of hard and soft landscaping works has been submitted to and approved in writing by the Planning Authority.  Details of the scheme shall include:

i)         existing and finished ground levels in relation to an identified fixed
           datum

ii)        existing landscaping features and vegetation to be retained

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

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

v)        programme for completion and subsequent on-going maintenance.

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

Any trees or plants which within a period of 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

6. Prior to the commencement of development, cross-sectional details through the site to show existing ground levels and finished floor levels shall be submitted to and require the approval in writing of the Planning Authority. These sections shall be taken in a north south direction from Belford Road to Alma Road and in a west/east direction from Alma Road, and shall show the proposed building in the context with the former surgery building. Thereafter the building shall be fully constructed in accordance with the approved levels and section details.

Reason : In order to ensure that the proposed development has a satisfactory relationship to the existing topography.

The Committee agreed to defer consideration of the application to a site inspection on 2 March 2010 at 10.30am to be followed immediately by a meeting to determine the application.

6.7  Applicant: The Highland Council (09/00347/MSCLO) (PLR-008-10 (2810kb pdf))
Location: Land 70m South of 40 Ardgour Road, Caol, Fort William
Nature of Development: Erection of Care Home for the Elderly

Recommendation: Grant.

There had been circulated Report No PLR/008/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. This approval of matters specified in conditions contained in planning permission in principle 08/00247/OUTLO shall lapse two years from the date of this decision notice unless the development has begun in accordance with s27 of the Town and Country Planning (Scotland) Act 1997.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this planning permission/approval of matters has been submitted to and acknowledged by the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Upon completion of the development the completed Notice of Completion form attached to this decision notice shall be submitted to the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

4. The finished floor level of the building hereby approved shall be set at 6.2m above Ordnance Datum unless otherwise first agreed in writing by the Planning Authority.

Reason : To protect the building from flooding.

5. Prior to the commencement of works on site full details of the proposed pedestrian linkages between the site and the existing Ardgour footways shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s TECS – Roads. Thereafter the pedestrian linkages shall be fully formed in accordance with the approved details prior to the initial occupation of the care home, unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of road and pedestrian safety.

6. Prior to the commencement of works on site full details of a bus draw in facility to be provided on Ardgour Road, within the boundaries of the site, shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s TECS – Roads. Thereafter the bus draw in facility shall be fully formed in accordance with the approved details prior to the initial occupation of the care home, unless otherwise first agreed in writing by the Planning Authority.

Reason : In order to ensure the care home facility is easily accessible to public transport users.

7. Prior to the initial occupation of the care home hereby approved, the access to the care home shall be fully formed in accordance with the attached Roads Schedule and the car park fully formed in accordance with the details shown on drawing number LO1 received on 26.8.09 titled Site Plan/Location and surfaced with bit-mac, unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of road safety.

8. Prior to the commencement of works on site full details of the finalised surface water drainage scheme shall be submitted to and approved in writing by the Planning Authority in consultation with the SEPA and the Council’s TECS – Roads. Thereafter the surface water drainage scheme shall be fully installed in accordance with the approved details, prior to the initial occupation of the care home.

Reason : To ensure an adequate system of surface water drainage and to prevent localised flooding.

Note to Applicant

Permission in Principle 08/00247/OUTLO : The applicant is advised the conditions attached to permission in principle remain applicable to this development. In particular the applicant attention is drawn to the timescales for implementation of works.

Care Commission: 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.

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:

1. the recommendation; and

2. to recommend to the Planning,Environment and Development Committee that  they formulate supplementary guidance for car parking standards with appropriate  landscaping with a minimum provision of 25% set aside for that.

6.8  Applicant: The Highland Council (09/00375/FULSL) (PLR-009-10.Part1 (10107kb pdf))
Location: 1 Borreraig Parks, Dunvegan, Isle of Skye
Nature of Development: Siting of New Septic Tank, Mini Sewerage Treatment Plant, Crystal Eco 6 or Similar.  Effluent to Partial Soakaway with discharge to burn (SEPA Approved) new system replaces existing substandard septic tank
Recommendation: Grant.

There had been circulated Report No PLR/009/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. The development to which this planning permission relates must commence within three years of the date of this decision notice.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this planning permission/approval of matters has been submitted to and acknowledged by the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Upon completion of the development the completed Notice of Completion form attached to this decision notice shall be submitted to the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

4. Prior to the commencement of development and within one month of the date of the granting of this permission a method statement detailing the means of disposal of the existing septic tank shall be submitted to and be approved in writing by the Planning.

Reason : In the interests of public health and amenity.

Footnote to Applicant Relative to Application 09/00375/FULSL

Note from Building Standards:  Confirmation of treatment plant sizing will be required for Building Warrant purposes.

Please note: Your attention is drawn to the conditions attached to this permission. Any pre-conditions (those requiring certain works, submissions etc. prior to commencement of development) must be fulfilled prior to work starting on site. Failure to meet these conditions may invalidate your permission or result in formal enforcement action.

The Committee agreed the recommendation.

6.9  Applicant: Mr P Stirling (09/00391/OUTRC & 09/00410/OUTRC) (PLR-010-10 (3147kb pdf))
Location: Site 1 and 2, Land West of The Creagan, Lochcarron
Nature of Development: Erection of Two Houses (Outline) 
Recommendation: Refuse.

There had been circulated Report No PLR/010/10 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reason:

1. The proposal is contrary to Structure Plan Policy G2, Design for sustainability, in that the development fails to demonstrate sensitive siting in keeping with local character and the natural environment. The proposed house introduces development on the hillside which, due to its elevation, will be inappropriate visually. This is compounded by the proposal for another house plot within this field, planning application No 09/00410/OUTRC, which will introduce an inappropriate suburban layout into this rural area.

2. The proposal is contrary to Wester Ross Local Plan Policy 1, in that it fails to respect the existing pattern of development in the vicinity. The proposed house introduces a second layer of development further up the hillside which is uncharacteristic with the roadside settlement form, and erodes the visual gap which is typically found between built structures in the vicinity.

The Committee agreed to grant the application subject to conditions to be agreed by Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

Reasons:

1. it is subjective to say the application does not conform with planning guidelines;

2. the application conforms with policy 1 of the Local Development Plan;

3. the application is in keeping with local character and the natural environment and would not be inappropriate visually;

4. there already exists in the vicinity an existing development with a second layer of development further up the hillside which departs from roadside settlement form;

5. a precedent has already been set.

6.10  Applicant: Wyvis Hydro Ltd (09/00415/FULRC) (PLR-011-10 (300kb pdf))
Location: Land to South of Hillcrest, Heights of Achterneed, Strathpeffer
Nature of Development: Erection of 15kw Wind Turbine on 15m Tower
Recommendation: Refuse.

There had been circulated Report No PLR/011/10 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reason:

The proposed wind turbine would be contrary to Structure Plan policy E2, and to Ross and Cromarty East Local Plan Policy BP3, in view of the proposed turbine height, and the prominent location on an exposed hillside elevated above the public road, leading to a failure to integrate into the landscape setting, to the detriment of the visual amenity of the area.

Following discussion, Mr Bill Clark, seconded by Mrs Isabelle Campbell, moved that the recommendation be agreed.

As an amendment, Mrs Isobel McCallum, seconded by Mrs Audrey Sinclair, moved that the application be granted subject to conditions to be agreed by Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

Reasons:

1. It is not considered that impact is impaired by the turbine as it is no higher than the trees;

2. approval would not be significantly detrimental to Highland Structure Plan Policy E2;

3. to be supportive of the promotion of renewable energy as per Policy.

Votes were cast as follows:

For the motion (4)
Mr Peter Cairns
Mrs Isabelle Campbell
Mr Bill Clark
Mr Ian Renwick

For the amendment (5)
Mr Billy Barclay
Mr Donald Cameron
Mr Eddie Hunter
Mrs Isobel McCallum
Mrs Audrey Sinclair

Accordingly the amendment became the finding of the meeting and the application was granted subject to conditions to be agreed by the Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

6.11  Applicant: Apollo Capital Projects Ltd & KGS Care Ltd (09/00423/MSCLO) (PLR-012-10 (6582kb pdf))
Location: Land South West of Fort William Health Centre, Camaghael, Fort William
Nature of Development: Proposed Sixty Bed Care Home
Recommendation: Grant.

There had been circulated Report No PLR/012/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. This approval of matters specified in conditions contained in planning permission in principle 08/00065/OUTLO shall lapse TWO YEARS from the date of this decision notice unless the development has begun in accordance with s27 of the Town and Country Planning (Scotland) Act 1997.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this planning permission/approval of matters has been submitted to and acknowledged by the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Upon completion of the development the completed Notice of Completion form attached to this decision notice shall be submitted to the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

4. 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

Note to Applicant

Conditions attached to 08/00065/OUTLO : The applicant is advised that the matters specified in conditions 4, 5, 6, 7 and 8 of planning permission in principle reference 08/00065/OUTLO need to be approved before work can commence on site.

Disposal of Peat: 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.

Care Commission: 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.

Scottish Water: You are advised that a supply and connection to Scottish Water infrastructure is dependent on sufficient spare capacity at the time of the application for connection to Scottish Water.  The granting of planning permission does not guarantee a connection.  Any enquiries with regards to sewerage connection and/or water supply should be directed to Scottish Water on 0845 601 8855. 

Road Openings Permit / Road Construction Consent: you will 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.

Following discussion, Mr Donald Cameron, seconded by Mr Eddie Hunter, moved that consideration of the application be deferred to allow the local members further time to consider conditions relating to car parking which they may wish to attach and to discuss on site and seek guidance from planning officials.

Reason:
The members had not been involved in agreeing the conditions attached to the outline consent.

As an amendment, Mrs Isobel McCallum, seconded by Mrs Isabelle Campbell, moved that the recommendation be agreed subject to an additional condition regarding the size of the car parking to be agreed by the Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

Votes were cast as follows:

For the motion (4)
Mr Donald Cameron
Mr Bill Clark
Mr Eddie Hunter
Mr Allan Henderson

For the amendment (6)
Mr Billy Barclay
Mr Peter Cairns
Mrs Isabelle Campbell
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Audrey Sinclair

Accordingly the amendment became the finding of the meeting and the recommendation was agreed subject to an additional condition regarding the size of the car parking to be agreed by the Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman.

6.12  Applicant: The Highland Council (09/00517/MSCRC) (PLR-013-10 (3837kb pdf))
Location: Land to North of Urray House, Great North Road, Muir of Ord
Nature of Development: Erection of Care Home for the Elderly
Recommendation: Grant.

There had been circulated Report No PLR/013/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. The development to which this planning permission relates must commence within three years of the date of this decision notice.

Reason: In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this planning permission has been submitted to and acknowledged by the Planning Authority.

Reason: In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Upon completion of the development the completed Notice of Completion form attached to this decision notice shall be submitted to the Planning Authority. 

Reason: In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

4. The development shall be landscaped in accordance with a scheme which shall be submitted to and approved by the Planning Authority before development commences.  The scheme shall indicate the siting, numbers, species and heights (at the time of planting) of all trees, shrubs and hedges to be planted, and shall ensure:-

a) Completion of the scheme during the planting season next following the
    completion of the building(s), or such other date as may be agreed in
    writing with the Planning Authority.

b) The maintenance of the landscaped areas for a period of five years or until
    established, which ever may be longer.  Any trees or shrubs removed, or
    which in the opinion of the Planning Authority, are dying, being severely
    damaged or becoming seriously diseased within three years of planting, shall
    be replaced by trees or shrubs of similar size and species to those originally
    required to be planted.

Reason : To ensure the implementation of a satisfactory scheme of landscaping which will in due course improve the environmental quality of the development.

5. Prior to commencement of development details of the 1400mm high timber fence as shown on plan No SWB0107 L 01 shall be submitted in writing for the consideration and written approval of the Planning Authority. Thereafter the fence shall be erected in accordance with the approved details prior to occupation of the care home to the satisfaction of the Planning Authority.    

Reason : In the interest of visual amenity given the prominence of the fence.  
   
6. Notwithstanding the sightline splays at the egress point shown on plan No SWB0107 L 01, visibility splays of not less than 2.5m X 90m shall be provided in both directions at the junction of the egress with the existing Tarradale Gardens access road prior to the commencement of the development and thereafter maintained free from any obstructions exceeding a height of 1 metre above the adjacent road channel  levels.  The access and egress shall be constructed to the Guideline standards of the Roads Authority and completed before the building is first occupied.

Reason : In the interest of road safety

7. Prior to occupancy of the care home the car parking bays as shown on plan SWB0107 L 01 shall be constructed in accordance the Highland Council's Road Guidelines for New Developments.  Thereafter the parking shall be retained, for all time and shall not be used as storage facilities. 

Reason: To ensure the long term maintenance of sufficient off street parking provision.

8. Prior to the commencement of development, a scheme to deal with potential contamination on site shall be submitted to and agreed in writing by the Planning Authority. The scheme shall include:

a) the nature, extent and type of contamination on site and identification of
    pollutant linkages and assessment of risk (i.e. a land contamination
    investigation and risk assessment), the scope and method of which shall
    be submitted to and agreed in writing by with the Planning Authority, and
    undertaken in accordance with PAN 33 (2000) and BS10175:2001;

b)  the measures required to treat/remove contamination (remedial strategy)
     including a method statement, programme of works, and proposed
     verification plan to ensure that the site is fit for the uses proposed;

c)  measures to deal with contamination during construction works;

d) in the event that remedial action be required, a validation report that will
    validate and verify the completion of the agreed decontamination measures;
    in the event that monitoring is required, monitoring statements shall be
    submitted at agreed intervals for such time period as is considered
    appropriate by the Planning Authority.

Prior to the commencement of the development, written confirmation that the scheme has been implemented, completed and, if required, monitoring measurements are in place, all to the satisfaction of the Planning Authority, shall be required.

Reason: In order to ensure that the site is suitable for redevelopment, given the nature of previous uses/processes on the site.

9. Construction work associated with the development hereby approved, for which noise is audible at the boundary of the site shall only be carried out between 0800 hours and 1900 hours Monday to Friday, between 0800 hours and 1300 hours on Saturdays and at no time on a Sunday or public holidays.  

Reason: To minimise the risk of noise nuisance given the close proximity of the existing houses.

10. Delivery of construction materials to the site shall be between 0800 hours and 1900 hours Monday to Friday, between 0800 hours and 1300 hours on Saturdays and at no time on a Sunday or public holidays.

Reason: To minimise the risk of noise nuisance given the close proximity of the existing houses.

11. Prior to the  occupation of the care home the bus layby  as shown on plan SWB0107 L 01  shall be provided in accordance with the details approved all to the satisfaction of the Planning Authority.   

Reason: To encourage  the use of sustainable transport.  

12. Samples of the colour to be applied to the larch cladding shall be submitted for the consideration and written approval of the Planning Authority prior to any application. Thereafter only the agreed colour shall be used.   

Reason: In the interest of visual amenity. 

13. Specifications (including the external colour) of all flues to be installed on the energy centre shall be submitted for the consideration and written approval of the Planning Authority.   Thereafter the flues shall be installed in accordance with the agreed specifications. 

Reason: In the interest of visual amenity. 

The Committee agreed the recommendation.

6.13  Applicant: The Highland Council (09/00645/FULRC) (PLR-014-10 (478kb pdf))
Location: Gairloch High School, Gairloch
Nature of Development: Erection of 15kw Wind Turbine on 15m Mast
Recommendation: Grant.

There had been circulated Report No PLR/014/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. The development to which this planning permission relates must commence within three years of the date of this decision notice.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this decision notice has been submitted to and acknowledged by the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. The external materials in terms of type and colour used in the development hereby approved shall be those as specified in the approved plans.

Reason : In the interests of visual amenity and for the purposes of clarification.

4. Upon completion of the development the completed Notice of Completion form attached to this decision notice shall be submitted to the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

The Committee agreed the recommendation.

6.14   Applicant: Mr and Mrs Geddes (09/00666/FULRC) (PLR-015-10 (3238kb pdf))
Location: Birchwood, Balnakyle, Munlochy
Nature of Development: Alterations and Erection of Extensions to House and Erection of Garage/Store/Carport
Recommendation: Grant.

There had been circulated Report No PLR/015/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the following conditions:

1. The development to which this planning permission relates must commence within three years of the date of this decision notice.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

2. No development shall start on site until the completed Notice of Initiation of Development (NID) form attached to this planning permission has been submitted to and acknowledged by the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

3. Upon completion of the development the completed Notice of Completion form attached to this planning permission shall be submitted to the Planning Authority.

Reason : In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

4. For the avoidance of doubt, the garage/store/carport hereby approved shall be used solely for domestic purposes incidental to the use of the dwellinghouse on site.

Reason : The dimensions and design of the garage are such that it could be used as a separate dwellinghouse and would be capable of severance from the existing house.  The site however, is located in an area where Council policy restricts new housing and, in the interests of compliance with this restriction, it is expedient to preclude such future severance. 

5. The materials to be used in the construction of the external surfaces of the extension hereby approved shall match those used on the existing building, with the exception of the carport roof (profile steel sheeting) unless agreed otherwise with the Planning Authority prior to the commencement of development.  The car port roof shall be dark grey in colour to match the colour of the roof tiles on the existing house.

Reason : In the interest of visual amenity. 

6. Prior to the commencement of development, a plan shall be submitted  showing the siting, numbers, species and heights of trees to be removed to accommodate the development, and proposals for compensatory tree native tree planting, showing siting, numbers, species and heights (at time of planting).  Compensatory tree planting shall be completed during the first planting season following commencement of the development hereby approved, or other such date as may be agreed in writing with the planning authority and any trees which die, are removed or become diseased within the first five years shall be replaced with trees of a similar size and species.

Reason : To compensate for loss of trees within an area of long established woodland and in the interest of amenity.

The Committee agreed the recommendation.

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

7.1  Applicant: Mr and Mrs S Tamar (07/00727/FULRC – Appeal Reference P-PPA-270-2003 (82kb pdf))
Location: Kilcoy Chalets, Kilcoy, Tore, near Muir of Ord, Ross-shire
Nature of Development:  Erection of Chalet
Decision:  Appeal Dismissed, planning permission refused.

There had been circulated a copy of the decision letter.

The Committee noted the decision.

7.2  Applicant: Ashington Brook (09/00085/FULRC – Appeal Reference  P-PPA-270-2011 (171kb pdf))
 Location: Vulcan Cottage, Great North Road, Muir of Ord
 Nature of Development:  Change of Use of House to House of Multiple  Occupation (Retrospective)
 Decision:  Appeal Allowed, planning permission granted subject to three  conditions.

There had been circulated a copy of the decision letter.

There was circulated at the meeting a further letter from the Reporter advising that he had found the Council had acted in an unreasonable manner resulting in liability for expenses which were awarded on a party basis.

The Committee noted the decision.

7.3 Applicant: Mr G Cameron (09/00105/FULLO – Notification of Appeal to Scottish  Ministers) Notification of Appeal (168kb pdf)
 Location: Somerled, Arivegaig, Acharacle
 Nature of Development:  Removal of Condition 6 of 03/00421/FULLO relating to  Occupancy of House

The Committee noted that an appeal had been lodged.

There being no further business, the meeting closed at 1340.

• Vacancies
• Planning
• Council tax
• Schools
• Libraries

• Licensing
• Housing
• Roads
• News 
• Leisure