Minute of the meeting of the Ross, Skye and Lochaber Planning Applications Committee held in the Council Chamber, Council Offices, High Street, Dingwall on Tuesday, 8th March, 2011 at 10.30 am.
Committee Members Present:
Mr Billy Barclay
Mr Peter Cairns
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
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Mark Crowe, Acting Area Roads and Community Works Manager
Mrs Julie Ferguson, Team Leader, Planning and Development Service
Mr Ken McCorquodale, Principal Planner, Planning and Development Service
Mr Colin Wishart, Principal Planner, Planning and Development Service
Mr Nick Thornton, Environmental Health Technician
Mrs Alison MacArthur, Clerical Assistant
Mr David Chisholm in the Chair
Business
1. Apologies for Absence
Apologies were received from Mr Michael Foxley.
1A. Future Meeting
The Committee had previously agreed that consideration of the application for the new Conon/Maryburgh Primary School application be held at a special meeting on 15th March 2011.
The Area Planning and Building Standards Manager reported that due to tight timescales the Planning Service requested that consideration of this application be rescheduled for another date. The Committee agreed to reschedule the meeting to the 29th March 2011 at 2.30 pm and there then followed a debate on the format.
The Chairman, seconded by Mrs Isabelle Campbell, moved that the meeting be held as a Hearing with no site visit as it was a significant development for two communities and one community council had objected.
Mr Peter Cairns, seconded by Mr Ian Renwick, moved as an amendment that the application be decided at an ordinary special meeting with no site visit and no hearing.
Votes were cast as follows:
For the motion (8)
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr David Chisholm
Mr Bill Clark
Mr Hamish Fraser
Mr Eddie Hunter
Mrs Audrey Sinclair
For the amendment (3)
Mr Peter Cairns
Mrs Isobel McCallum
Mr Ian Renwick
Accordingly the motion became the finding of the meeting.
2. Confirmation of Minutes
There had been circulated for confirmation the minutes of the meetings of the Committee held on 18 January 2011 and 25 January 2011. The minutes were held as read and approved.
3. Delegated Decisions
The Committee agreed to note the list of delegated decisions on planning applications from 17 January 2011 to 27 February 2011 which was available on the Members’ Bulletin and via the Highland Council website.
4. Planning Applications to be Determined
4.1 Applicant: Lynn Blair (09/00150/OUTLO) (PLR-014-11 (499kb pdf))
Location: Land West of West Lodge, Roshven, Glenuig, Lochailort
Nature of Development: Erection of House
There had been circulated Report No PLR/014/11 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee agreed to defer consideration of the application to a special meeting to be held following a site inspection on 12th April 2011 at 11.00 am.
4.2 Applicant: Cairn Housing Association (09/00558/FULRC) (PLR-015-11 (668kb pdf))
Location: Land to East of Old Primary School, Culbokie
Nature of Development: Erection of Six Flats
There had been circulated Report No PLR/015/11 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
On presenting her Report, the Team Leader advised that 2 additional emails had been received, one from the Community Council and another from a local resident, both of whom had lodged objections, expressing their disappointment at the recommendation to grant. The contents of the e-mails were read to Committee.
The Committee agreed to defer consideration of the application and to request that the applicant amend their plans so that the design was appropriate to the setting taking account of the following: height, mass, reduction in timber cladding, parking and public access.
4.3 Applicant: Dr I and Mrs M Gartshore (10/03683/PIP) (PLR-016-11 (647kb pdf))
Location: land 150 m South of West Lodge, Roshven, Glenuig
Nature of Development: Erection of House
There had been circulated Report No PLR/016/11 by the Area Planning and Building Standards Manager recommending refusal of the application for the reasons detailed therein.
The Committee agreed to defer consideration of the application to a special meeting to be held following a site inspection on 12th April 2011 at 11.00 am.
4.4 Applicant: Mr Jon Watt (10/03820/FUL) (PLR-017-11 (616kb pdf))
Location: Land 150 m South of Bothan nan Creag, Roshven, Glenuig
Nature of Development: Erection of House
There had been circulated Report No PLR/017/11 by the Area Planning and Building Standards Manager recommending refusal of the application for the reasons detailed therein.
The Committee agreed to defer consideration of the application to a special meeting to be held following a site inspection on 12th April 2011 at 11.00 am.
4.5 Applicant: Mr and Mrs B Ross (10/03999/PIP) (PLR-018-11 (760kb pdf))
Location: Land 300 m SW of West Lodge, Roshven, Glenuig
Nature of Development: Erection of House
There had been circulated Report No PLR/018/11 by the Area Planning and Building Standards Manager recommending refusal of the application for the reasons detailed therein.
The Committee noted that the application had been withdrawn by the Applicants.
4.6 Applicant: Ms Jennifer Veitch (10/04520/MSC) (PLR-019-11 (883kb pdf))
Location: Land 165 m East of Bothan nan Greag, Roshven, Glenuig
Nature of Development: Erection of House and Temporary Construction Access
There had been circulated Report No PLR/019/11 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee agreed to defer consideration of the application to a special meeting to be held following a site inspection on 12th April 2011 at 11.00 am.
4.7 Applicant: Linleven Hotels Co Ltd (10/04654/FUL) (PLR-020-11 (1118kb pdf) | PLR-020-11-SUP (362kb pdf))
Location: Onich Hotels, Onich
Nature of Development: Retention of Marquee at Onich Hotel
There had been circulated Report and Supplementary Report No PLR/020/11 by the Area Planning and Building Standards Manager recommending:
(1) the grant of the application subject to the conditions detailed therein; and
(2) that Committee agree the principle of taking enforcement action to remove the marquee if condition 1 of the recommended conditions was not complied with.
The Area Planning and Building Standards Manager circulated an e-mail from local residents repeating their objection to the Application made on-line. The Area Planning and Building Standards Manager advised the Committee that both his staff and Fujitsu had been unable to trace the original objection.
The Committee agreed the recommendations.
4.8 Applicant: UBC Group (10/04781/FUL) (PLR-021-11 (1070kb pdf))
Location: Former Health Centre Site, Kilmallie Road, Caol, Fort William
Nature of Development: Erection of 12 No Flats in 6 No Two Storey Blocks
There had been circulated Report No PLR/021/11 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 a footnote to be added encouraging the Applicant to use homegrown timber from a sustainable source.
4.9 Applicant: Marine Harvest (Scotland) Ltd (10/04797/FUL) (PLR-022-11 (1317kb pdf))
Location: Fish Farm, Lochailort
Nature of Development: Re-Development of the Lochailort Recirculation Fish Farm Site to Remove Existing Buildings and Install a New Facility with an Increased Capacity and Footprint
There had been circulated Report No PLR/022/11 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 a footnote to be added encouraging the Applicant to use homegrown timber from a sustainable source.
4.10 Applicant: Mr R Greenwood (10/04838/FUL) (PLR-023-11 (1972kb pdf))
Location: The Nest, Knockbain, Munlochy
Nature of Development: Erection of House
There had been circulated Report No PLR/023/11 by the Area Planning and Building Standards Manager recommending the refusal of the application for the reasons detailed therein.
Following discussion, Mrs Isobel McCallum, seconded by Mr Billy Barclay moved that the application be approved 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 for the following reason:
The proposal was a modest house with recessive finishes and given the Applicant’s exceptional circumstances and the environmental improvements that would be achieved, the application was considered acceptable.
Mr Peter Cairns, seconded by Mr David Chisholm moved as an amendment that the recommendation be agreed.
Votes were cast as follows:
For the motion (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
For the amendment (3)
Mr Peter Cairns
Mr David Chisholm
Mr Ian Renwick
Accordingly the motion became the finding of the meeting.
4.11 Applicant: The Highland Council (10/04841/FUL) (PLR-024-11 (701kb pdf))
Location: Knockbreck Primary School, Knockbreck, Hallin, Isle of Skye
Nature of Development: Erection of 5 KW Wind Turbine on a 10 m Column Located the Extent of School Site
There had been circulated Report No PLR/024/11 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.
4.12 Applicant: Mr William Mackay (10/04848/FUL) (PLR-025-11 (1286kb pdf))
Location: Land to West of the Forge Croftnacreich, North Kessock
Nature of Development: Formation of Three Serviced House Plots
There had been circulated Report No PLR/025/11 by the Area Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Team Leader read out an e-mail from one of the objectors expressing his dismay that the proposal still did not take into account the fact it impinged on his land.
The Committee agreed the recommendation.
4.13 Applicant: Mr Richard Begg (10/05015/FUL) (PLR-026-11 (490kb pdf))
Location: Mallaig Swimming Pool, Mallaig
Nature of Development: Installation of Remote Biomass Heating Cabin
There had been circulated Report No PLR/026/11 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.
4.14 Applicant: The Highland Council (11/00126/FUL) (PLR-027-11 (1048kb pdf))
Location: Ballachulish Primary School, Gorsten Road, Ballachulish
Nature of Development: Siting of Demountable Classroom Unit
There had been circulated Report No PLR/027/11 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.
Mrs Isabelle Campbell, Mr Eddie Hunter and Mrs Audrey Sinclair declared a non financial interest in item 4.15 following as they were members of the Highlands and Islands Fire Board and left the room while the item was determined.
4.15 Applicant: HIFRS (11/00264/FUL) (PLR-028-11 (964kb pdf))
Location: Unit 5, Idrigill Industrial Estate, Uig
Nature of Development: Change of Use from a Wood Processing Site to a Retained Fire Station
There had been circulated Report No PLR/028/11 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.
4.16 Applicant: Wester Ross Fisheries Ltd (11/0006/FUL) (PLR-029-11 (275kb pdf))
Location: Site A, Ardessie, Dundonnell
Nature of Development: Modification of Fish Farming Equipment (6 Plastic Circles to 12 Square Steel Pens)
There had been circulated Report No PLR/029/11 by the Head of Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
The Committee agreed the recommendation.
4.17 Applicant: Marine Harvest (Scotland) Ltd (10/03954/FUL) (PLR-030-11 (448kb pdf))
Location: Camus an Lèim, Upper Loch Torridon
Nature of Development: Proposed Expansion of Salmon Farm
There had been circulated Report No PLR/030/11 by the Head of Planning and Building Standards Manager recommending the grant of the application subject to the conditions detailed therein.
Mr Colin Wishart, Principal Planner, circulated a copy of the e-mail objection summarised in the Report.
The Committee agreed the recommendation.
5. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals
5.1 Applicant: Mr N and Mrs K Middleton (10-02879-FUL (141kb pdf) )
Location: Land at 15 Fiscavaig, Carbost
Nature of Development: Erection of New Dwelling, Car Parking for 2 Cars and Soakaway.
The Committee noted that the appeal had been allowed.
6. Hearing
Committee Members Present:
Mr Billy Barclay
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
Officials in attendance:
Mr Alaisdair Mackenzie, Area Solicitor
Mr Mark Crowe, Acting Area Roads and Community Works Manager
Mr Ken McCorquodale, Principal Planner, Planning and Development Service
Mr Nick Thornton, Environmental Health Technician
Also in Attendance:
Mr William Booth, Dalgleish Associates and Agent for Leiths (Scotland) Ltd
Mr Grant Milne, Leiths (Scotland) Ltd
Mr Gordon Williamson, Leiths (Scotland) Ltd
Mr David Shand, Objector, Beechwood, Achilty
Mrs Claire Shand, Objector, Beechwood, Achilty
Mr Christopher Slater, Objector, Achilty Hotel
6.1 Applicant: Leiths (Scotland) Ltd (06/00904/FULRC) (PLR-031-11 (1909kb pdf))
Location: Achilty Quarry, Achilty, Strathpeffer
Nature of Development: Extension of Excavation Area Allowing Continued Extraction and Processing of Hard Rock Aggregates and Operation of Asphalt Plant.
Recommendation: Grant
There had been circulated Report No PLR/031/11 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.
The chairman welcomed the parties and explained the purpose and format of the meeting.
Mr Ken McCorquodale introduced the application giving a description of the proposed development and its site, identified the relevant planning policies and drew attention to other key material considerations.
Mr William Booth, agent for the applicant then addressed the Committee:
The quarry employed seven people full time and five people part time which meant it was a significant employer in the area. Every job in the quarry related to 1.6 in the area. Achilty was the main quarry in the area producing stone for roadworks.
Mr Booth explained that noise was monitored on a daily basis at the quarry by Leiths. The drum at the quarry was to be replaced and would reduce the noise impact. There would be no increased traffic. Screening was to be used to reduce the visual impact of the quarry.
The proposal would reduce the working hours which currently prevailed at the quarry.
Mr Booth responded to questions from members and stated that there were few plants in the area producing asphalt and that he was satisfied the further screening programmed would address the visual impact of the quarry. When the tunnel is constructed it will further reduce the noise and the visual impact as it will remove the working from the top of the quarry. The applicants were presently looking into “white noise” reversing signals for lorries which would reduce the noise impact.
The Environmental Health Technical Officer advised the Committee that the noise restrictions placed on the quarry were quite strict and as much as guidance allowed. Problems had been worse in previous years due to working at upper levels. The quarry had worked with TEC Services to remedy noise issues. The new white noise reversing alarms worked well and although they were still noisy the noise was less intrusive. It was easy when on site to locate which lorry was reversing with this noise.
Mr Shand an objector who lived in the immediate vicinity of the quarry then addressed the Committee:
Noise levels were very bad and totally unacceptable. The acceptable noise level allowed at the nearest property was 45 dba. He was woken before 6am on five days a week. The noise was getting worse. There was an intermittent squeak and heavy lorry movements. There was a putrid smell which lingered. At 7.30am came the first of numerous trips which averaged 20-30 per day. The dust generated was also a problem.
Reversing sirens were a serious noise nuisance that was heard all day.
Mr Shand felt rock quarries should be situated well away from houses, at least 350 metres.
Mr Booth responded to the points made by Mr Shand by stating that the noise was monitored on a daily basis and Environmental Services were satisfied. He also stated that sometimes the noise at night when there were no works was in excess of 65 dba with the weather conditions. Six public places were notified prior to blasting taking place. The timing could not be too specific as it takes time to load the explosives which have to be set off immediately they are laid.
Most days the asphalt start up was at 7.00 am. The crushing did not take place all day and did not occur every week.
The asphalt was the subject of ongoing maintenance and the squeak related to the conveyor.
The Environmental Health Technical explained that the 45 dba was over a low average period. It could be greater or lesser so long as the average over an hour was not greater than 45 dba. The limit was set at Larchfield as it was the nearest house to the operations. In the early stages the quarry had been very noisy but a lot of work had taken place to reduce the noise from the plant. The proposed screen at the northern end of the quarry should help alleviate some of the noise.
The company has its own noise monitoring station at the quarry and if there were complaints these could be checked. TEC Services still did regular random checks from the nearest house to confirm compliance and didn’t rely on the quarry’s own records.
He stated that rural times were no different to town times for industrial noise regulations, indeed some towns had industrial noise through the night 24 hours a day.
Following a question from the Chairman to all those who had taken part, there was no dissatisfaction expressed with the way the Hearing had been conducted.
The Planning Officer then presented the assessment of the application and following discussion, the Committee agreed to grant the recommendation with an amendment to condition 8 to read:
8. Within 3 months of the date of this planning permission and before any further operations commence a scheme for monitoring of noise and blast vibration including the location of monitoring points and equipment to be used will be submitted in writing for approval by the Council as Planning Authority. This scheme will include a community liaison group and will set out a process, including the establishment of a comminity liaison group, to ensure strong community liaison to inform the community when blasting is to be undertaken and the best procedures to advertise this information. All blasting operations will thereafter take place in accordance with the scheme as approved or with such subsequent amendments as may receive written approval of the Council as Planning Authority.
There being no further business the meeting closed at 1540.