Minute of the meeting of the Ross, Skye and Lochaber Planning Committee held in the Council Offices, Lochaber House, Fort William on Tuesday, 18th May, 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 David Chisholm
Mr Bill Clark
Mr Hamish Fraser
Mr Eddie Hunter
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Audrey Sinclair
Non-Committee Members Present:
Mrs Margaret Paterson, Items 5.1 and 6.3
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Jim Tolmie, Area Roads and Community Works Manager
Ms Susan Poole, Planning Team Leader
Mrs Alison MacArthur, Acting Administrative Assistant (by video conference from Dingwall)
Mr David Chisholm in the Chair with the exception of item 5.2
Business
1. Apologies for Absence
Apologies were received from Mr Michael Foxley.
2. Confirmation of Minutes
There had been circulated for confirmation the minutes of the meetings of the Committee held on 13th April 2010 and 4th May 2010.
The minutes were held as read and approved with the following amendments to item 2.2 of the minute of the meeting on 4th May 2010:
1. To add comments on behalf of the Applicant that the Estate would make available up to 12 acres of land to go with house sites.
2. To delete “Sinclair” where it occurs after “Foxley” on the eleventh line from the bottom of the final page.
The Clerk advised the Committee as follows:
1. with regard to the minute of the meeting on 23rd March 2010 which had been approved on 13th April, in item 2.2 the line “George Reynolds, Architect, Agent for the Applicant” should have read “John Gerrie of Aspenae Construction Consultants, Agent for the Applicant”
2. With regard to item 5.1 of the meeting on 13th April 2010, the Head of Planning & Building Services would be presenting to the Planning, Environment and Development Committee on 26th May 2010 a Protocol for dealing with appeals against refusals of applications contrary to recommendation.
3. Delegated Decisions
The Committee agreed to note that the list of delegated decisions on planning applications from 01 April to 07 May 2010 was available on the Members’ Bulletin and via the Highland Council website.
4. Matters Arising
4.1 Applicant: Ardtornish Estate Company (09/00333/PIPLO) PLR-047-10
Location: Land to East of Achnaha, Lochaline, Morvern
Nature of Development: Erection of 20 Houses
There had been circulated Report No PLR/047/10 by the Area Planning and Building Standards Manager recommending conditions to be attached to the planning permission granted at the Site Hearing in Lochaline on 04 May 2010.
The Committee agreed the recommendation.
5. Continued Items
5.1 Applicant: Mr J Coats (09/00178./OUTRC) PLR-048-10
Location: Land West of Foxlea House, Highfield Park, Conon Bridge
Nature of Development: Erection of House (Outline)
There had been circulated Report No PLR/048/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the prior conclusion of a Section 75 Agreement and conditions detailed therein.
Following discussion, Mr David Chisholm, seconded by Mr Donald Cameron moved that the recommendation be agreed subject to:
1. the Section 75 Agreement being at the Applicant’s expense;
2. that details of this case with the Committee’s concerns over SEPA’s contrary
advice be passed to the Chairman of the Planning, Environment and Development Committee;
3. that clarification be sought as to how SEPA will advise on future applications within identified hot spots
There being no amendment, the motion became the finding of the meeting with Mrs Margaret Paterson requesting that her dissent to the decision be minuted.
As Mr David Chisholm had not been present at the meeting on 13 April 2010 when this application had been originally considered, Mr Bill Clarke took the chair for item 5.2 following.
5.2 Applicant: Mr Neil Hrycenko (09/00667/FULRC) PLR-049-10
Location: Land to West of 51 Bellfield Road, North Kessock
Nature of Development: Erection of House
There had been circulated Report No PLR/049/10 by the Area Planning and Building Standards Manager advising that the Applicant had declined to amend the application to reduce the scale of the development and recommending the grant of the application subject to the conditions detailed therein.
Following discussion, Mrs Isobel McCallum moved that the application be refused as in terms of siting and design it was inappropriate and did not accord with the adjacent street and settlement pattern.
There being no seconder for this motion, it fell.
Mr Donald Cameron, seconded by Mr Billy Barclay, moved that the recommendation be agreed.
There being no amendment, this motion became the finding of the meeting.
6. Planning Applications to be Determined
6.1 Applicant: Ann MacLeod (08/00185/OUTSL) PLR-050-10.Part 1 \ PLR-050-10.Part 2
Location: Land North of 5 East Park, Portree
Nature of Development: Erection of 2 Houses
There had been circulated Report No PLR/050/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee agreed the recommendation with the following additional condition:
“Any details pursuant to Condition 2 above shall include full details of earthworks to be carried out to form the access, house site and domestic cartilage, details shall include:
1. existing and finished ground levels in relation to an identified fixed datum;
2. exiting 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. landscaping features and vegetation to be retained;
5. all soft landscaping and planting of the proposed house site and access;
The scheme as may be approved shall be fully undertaken prior to the occupation of the house in the affected plot.
Reason: to ensure that the development satisfactorily integrates into the landscape.
6.2 Applicant: Mr R Tippett (09/00473/FULRC) PLR-051-10.Part 1
Location: Braeburn, 4 Aultgrishan, Melvaig
Nature of Development: Siting of a Caravan on Agricultural Ground
There had been circulated Report No PLR/051/10 by the Area Planning and Building Standards Manager recommending the refusal of the application for the reasons detailed therein.
Following discussion, Mr David Chisholm, seconded by Mr Eddie Hunter, moved that the recommendation be agreed.
As an amendment, Mrs Audrey Sinclair, seconded by Mrs Isabelle Campbell, moved, for the reasons following, the grant of a temporary approval for two years subject to conditions, including one that the Caravan not be used as a commercial holiday let, to be agreed by the Area Planning and Building Standards Manager in consultation with the local members present and, if necessary, the Chairman:
1. This was an enabling application to allow the applicant to come back within two years with plans to extend his house;
2. the positioning will maintain the settlement pattern by maximum distance between existing dwellings;
3. the view from existing houses would not be blocked;
4. there were existing houses on the seaward side of the road;
Votes were cast as follows:
For the motion (5):
Mr Peter Cairns
Mr David Chisholm
Mr Eddie Hunter
Mrs Isobel McCallum
Mr Ian Renwick
For the amendment (6):
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr Bill Clark
Mr Hamish Fraser
Mrs Audrey Sinclair
Accordingly the amendment became the finding of the meeting.
6.3 Applicant: Mr Jonathan Coates (09/00572/PIPRC) PLR-052-10
Location: Land to South of Bali Hai, Highfield Park, Conon Bridge
Nature of Development: Erection of House
There had been circulated Report No PLR/052/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the prior conclusion of a Section 75 Agreement and the conditions detailed therein.
The Committee agreed the recommendation subject to the Section 75 Agreement being at the applicant’s expense and that the Area Planning and Building Standards Manager and a SEPA official attend a meeting of Ferintosh Community Council.
6.4 Applicant: Tulloch Homes Ltd (09/00603/FULRC and 09/00605/FULRC) PLR-053-10.Part 1\ PLR-053-10.Part 2\PLR-053-10.Part 3
Location: Land at Bellfield and Lettoch Farms, North Kessock
Nature of Development: Erection of 28 Houses (Amended to 25 Houses) (Phase 2) and Formation of Access Road and Installation of Associated Services for Housing Development.
There had been circulated Report No PLR/053/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee noted the error in the Agenda regarding the numbering of the conditions after condition 11 and agreed the recommendation subject to the following:
1. insert “Class 1 and” before “Class 3” in condition 25;
2. the SUDS basin be enclosed with a suitable fence;
3. the Play Area be provided prior to occupation of the first house in phase 2;
4. the provision of an additional footnote regarding the Factoring Arrangements.
Mr Eddie Hunter declared a non financial interest in item 6.5 following and left the meeting while the application was determined as one of the Applicants was his niece.
6.5 Applicant: Mr S Carmichael and Miss L MacPhee (10/00020/FULLO) PLR-054-10
Location: 28 MacQuarrie Court, Caol, Fort William
Nature of Development: First Floor Extension to Single Storey House
There had been circulated Report No PLR/054/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Team Leader advised the Committee of two errors in the Report on page 133 of the Agenda: in the sixth line from the bottom of the second paragraph of part 8.4 “11 metres and 10 metres” should be replaced with “8.6 metres and 7.5 metres” and in the eight line from the bottom of the page “15” should be replaced with “11”.
Following discussion, Mr Bill Clark, seconded by Mr Donald Cameron, moved that consideration of the application be deferred to allow a site visit to take place.
As a first amendment Mr David Chisholm, seconded by Mr Peter Cairns, moved that the application be refused as the scale and size of the extension would detract from the amenity of neighbouring properties, would dominate the neighbouring building and was contrary to Policy G2.
As a second amendment, Mrs Isobel McCallum, seconded by Mrs Isabelle Campbell moved that the recommendation be agreed.
Votes were cast between the first and second amendments as follows with Mr Donald Cameron abstaining:
For the first amendment (5):
Mr Billy Barclay
Mr Peter Cairns
Mr David Chisholm
Mr Bill Clark
Mr Ian Renwick
For the second amendment (4):
Mrs Isabelle Campbell
Mr Hamish Fraser
Mrs Isobel McCallum
Mrs Audrey Sinclair
Accordingly the second amendment fell and votes were then cast between the motion and the first amendment as follows:
For the motion (5):
Mr Donald Cameron
Mrs Isabelle Campbell
Mr Hamish Fraser
Mrs Isobel McCallum
Mrs Audrey Sinclair
For the second amendment (5):
Mr Billy Barclay
Mr Peter Cairns
Mr David Chisholm
Mr Bill Clark
Mr Ian Renwick
Mr David Chisholm exercised his casting vote in favour of the second amendment which became the finding of the meeting and the application was refused.
6.6 Applicant: Mr Ewen Grant (10/00051/PIPSL) PLR-055-10.Part 1\PLR-055-10.Part 2
Location: Land South of 3 Carbostmore, Carbost
Nature of Development: Erection of House, Formation of Access and Installation of Septic Tank with Soakaway
There had been circulated Report No PLR/055/10 by the Area Planning and Building Standards Manager recommending the refusal of the application for the reasons detailed therein.
Following discussion, Mr David Chisholm, seconded by Mr Ian Renwick, moved that the recommendation be agreed.
As an amendment, Mr Hamish Fraser, seconded by Mrs Audrey Sinclair, moved that consideration of the application be deferred to allow further investigation into the suitability of other sites within the applicant’s land holdings.
Votes were cast as follows:
For the motion (3):
Mr Peter Cairns
Mr David Chisholm
Mr Ian Renwick
For the amendment (8):
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr Bill Clark
Mr Hamish Fraser
Mr Eddie Hunter
Mrs Isobel McCallum
Mrs Audrey Sinclair
Accordingly the amendment became the finding of the meeting.
6.7 Applicant: The Highland Council (10/01617/FUL) PLR-056-10.Part 1\PLR-056-10.Part 2
Location: Kilmuir Primary School, Kilmuir, Portree
Nature of Development: Installation of Nursery Unit within Curtilage of Primary School and 6 Additional Parking Bays
There had been circulated Report No PLR/056/10 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee agreed the recommendation.
7. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals
7.1 Applicant: M and M Properties and Services (08/00650/FULRC)
Location: Royal Hotel, High Street, Dingwall
Nature of Development: Change of Use from Snooker Club to Hotel Bedrooms.
The Committee noted that the appeal had been allowed.
There being no further business the meeting closed at 2.00 pm.