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 15 November, 2011 at 10.30 am.
Committee Members Present:
Mr Billy Barclay
Mr Peter Cairns
Mrs Isabelle Campbell
Mr David Chisholm
Mr Bill Clark
Mr Hamish Fraser
Mrs Isobel McCallum
Mrs Margaret Paterson (local member vote for items 5.1 and 5.4)
Mrs Audrey Sinclair
Officials in attendance:
Mr Alaisdair Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr Dafydd Jones, Area Planning Manager North
Mrs Julie Ferguson, Team Leader Planning
Mrs Erica McArthur, Principal Planner
Mr Mark Crowe, Acting Area Roads and Community Works Manager
Mrs Alison MacArthur, Acting Administrative Assistant
Mr David Chisholm in the Chair
Business
1. Apologies for Absence and Declarations of Interest
Apologies were received from Mr Donald Cameron, Mr Eddie Hunter and Mr Ian Renwick.
There were no declarations of interest.
2. Confirmation of Minutes
There had been circulated for confirmation the minutes of the meetings of the Committee held on
(a) 4 October 2011
(b) 1 November 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 26 September to 6 November 2011 which was available on the Members’ Bulletin and via the Highland Council website.
4. Continued Items
4.1 Applicant: Mr and Mrs C Keith (11/01277/LBC) (11/01283/FUL) (PLR-076-11 Part 1 (519kb pdf) | PLR-076-11 Part 2 (1907kb pdf))
Location: 18-20 Church Street, Cromarty
Nature of Development: Erection of House, Including Partial Demolition of Lean-to Outbuildings and Boundary Wall, Erection of Replacement External Access Stair (Planning Permission) Partial Demolition of Lean-to Outbuildings and Boundary Wall and Erection of Replacement External Stair (Listed Building Consent)
Recommendation: Refuse.
Mrs Margaret Paterson, Mrs Audrey Sinclair, Mr Hamish Fraser and Mr David Chisholm left the room as they had not participated in the site visit for this application held on 16 August 2011. In the absence of the Chair, Mr Bill Clark chaired this item.
There had been circulated Report No PLR/076/11 by the Area Planning and Building Standards Manager recommending the refusal of the application for the reasons detailed therein.
The Principal Planner presented the Report and outlined that a number of minor amendments had been made to the original design of the house. These were: removing the car parking space from the site which had the effect of making the application site smaller, minor alterations to the windows on the front and rear elevation and an alteration to the balcony on the rear elevation. The amendments did not reflect the earlier request of the committee for a traditional design of house, which would have required a fresh application. Mrs McArthur restated the recommendation to refuse the application for the reasons detailed in the original report.
Mr Mark Crowe advised that TEC’s position remained the same and that the alterations to the application in removing the parking space would put further pressure on parking in Cromarty.
The Legal Manager advised the Committee that the minute of the meeting on 16 August 2011 held following the site inspection which had already been agreed as a correct record by the Committee was quite clear in stating that the application was deferred to allow the applicants an opportunity to submit an application for an alternative design. The Minutes of the 16 August 2011 indicated that a more traditional design of house was considered appropriate. The Committee would have to have regard to and could not ignore what was a clear decision in determining the application.
Following discussion, Mrs Isobel McCallum, seconded by Mr Billy Barclay moved that the planning application be granted and that the application for listed building consent be approved both subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and the Chairman.
Reasons:
The changes to the design are considered to be acceptable as an alternative and enable members to approve this application.
The site is suitable for a small house.
The design and modifications to the house are acceptable on this site.
It does not adversely affect the setting in a Conservation Area.
The design is appropriate in the Cromarty Conservation Area.
Mixing traditional and contemporary is appropriate in certain circumstances.
The demolition of the outbuildings will improve Victoria House and does not detract from its integrity as a listed building.
The Legal Manager reminded the Committee of their previous decision and that the advice from Planning Officials was that rather than submitting an alternative design the Applicants had only put forward a number of minor amendments.
Mr Peter Cairns, moved as an amendment that the recommendation be agreed as there had not been a substantial change in the design of the house. There being no seconder the amendment fell and the motion became the finding of the meeting.
Mrs Erica McArthur stated that the listed building consent application would require to be referred to Historic Scotland prior to issuing. (Following the meeting further consideration of the regulations concerning referral to Historic Scotland showed that this would not be required and that the listed building consent could be issued once the conditions had been agreed.)
4.2 Applicant: Mr John Corbett (11/01757/FUL) (PLR-077-11 (917kb pdf))
Location: Rushfield Cottage, Achdalieu Road, Banavie, Fort William
Nature of Development: Deletion of Condition 3 of Planning Permission LO-1996-31 to Allow Use as a House
Recommendation: Refuse.
There had been circulated Report No PLR/077/11 by the Area Planning and Building Standards Manager recommending the refusal of the application for the reasons detailed therein.
Following discussion, Mr Bill Clark, seconded by Mr Billy Barclay moved that the application be granted subject to conditions to be agreed by the Area Planning Manager in consultation with the local member present and the Chairman. to conditions.
Reasons:
This building could be used as a house as per Structure Plan Policy G2 - making use of existing buildings. There is sufficient garden ground.
Both the Legal and Planning Manager advised the Committee that the reasons given were insufficient and that there was no evidence before the Committee that could substantiate the wording as presented.
Mr David Chisholm, seconded by Mr Peter Cairns moved as an amendment that the recommendation be agreed.
On a vote being taken by roll call, votes were cast as follows:-
For the Motion: (6)
Mr Billy Barclay
Mrs Isabelle Campbell
Mr Bill Clark
Mr Hamish Fraser
Mrs Isobel McCallum
Mrs Audrey Sinclair
For the Amendment: (2)
Mr Peter Cairns
Mr David Chisholm
Accordingly the motion became the finding of the meeting and planning permission was granted subject to conditions to be agreed by the Area Planning Manager, the local member present and the Chairman.
5. Planning Applications to be Determined
5.1 Applicant: Highland Housing Alliance (10/01281/FUL) (PLR-078-11 Part 1 (1879kb pdf) | PLR-078-11 Part 2 (1844kb pdf))
Location: Land to South East of Tulloch Castle, Dingwall
Nature of Development: Erection of 34 Residential Units (reduced from 35) Comprising 22 Flats, 10 Semi-Detached Houses and 2 Detached Houses (Revised Proposals)
Recommendation: Grant.
There had been circulated Report No PLR/078/11 by the Area Planning and Building Standards Manager recommending the approval of the application subject to the conditions detailed therein.
The Committee agreed the recommendation subject to the inclusion of the following additional footnote:
Timber Sourcing: In accordance with the Highland Council’s Consultative Draft Supplementary Guidance: Sustainable Design Guide, the developer is encouraged to source timber locally.
5.2 Applicant: Mr John Bird (11/00127/PIP) (PLR-079-11 Part 1 (973kb pdf) | PLR-079-11 Part 2 (910kb pdf) | PLR-079-11 Part 3 (1148kb pdf))
Location: Land to South West of Craigmore, Upper Ardelve, Kyle
Nature of Development: Erection of Three Houses, Formation of Access/ Parking/Turning Infrastructure and the Installation of Drainage Infrastructure
Recommendation: Grant.
There had been circulated Report No PLR/079/11 by the Area Planning and Building Standards Manager recommending the approval of the application subject to the conditions detailed therein.
Following discussion, Mrs Isabelle Campbell, seconded by Mrs Audrey Sinclair moved that the application be refused.
Reason:
On the grounds of supporting the TECS objections of not meeting the standards required in terms of distance of visibility splays to the north, presenting a dangerous situation.
Mr David Chisholm, seconded by Mr Peter Cairns moved as an amendment that the recommendation be agreed.
On a vote being taken by roll call, votes were cast as follows:-
For the Motion: (6)
Mr Billy Barclay
Mrs Isabelle Campbell
Mr Bill Clark
Mr Hamish Fraser
Mrs Isobel McCallum
Mrs Audrey Sinclair
For the Amendment: (2)
Mr Peter Cairns
Mr David Chisholm
Accordingly the motion became the finding of the meeting and planning permission in principle was refused.
At this point Mrs Isabelle Campbell and Mrs Audrey Sinclair left the meeting to attend other Council business.
5.3 Applicant: Michael Nightingale and Company Limited (11/01141/FUL) (PLR-080-11 (1550kb pdf))
Location: Land East of Ferro Cottage, 15 Bank Street, Cromarty
Nature of Development: Erection of Three Houses
Recommendation: Refuse.
There had been circulated Report No PLR/080/11 by the Area Planning and Building Standards Manager recommending the refusal of the application for the reasons detailed therein.
The Committee agreed the recommendation.
5.4 Applicant: Mr C D MacNeill (11/02520/PIP) (PLR-081-11 (766kb pdf))
Location: Land 70 m NE of Tigh an Lis, Tulloch, Dingwall
Nature of Development: Erection of House (Resubmission)
Recommendation: Grant.
There had been circulated Report No PLR/081/11 by the Area Planning and Building Standards Manager recommending the approval of the application subject to the conditions detailed therein.
Prior to hearing from the Team Leader and considering the Report, Mrs Isobel McCallum, seconded by Mrs Margaret Paterson moved that the determination of the application be deferred for a site inspection on 13 December 2011 at 11.00 am to be followed by a special meeting of the Committee to determine the application.
Mr Peter Cairns moved as an amendment that no decision be taken on a site inspection until after hearing from the Area Planning Manager and considering the Report but receiving no seconder the amendment fell.
The Committee therefore agreed to defer consideration of the application for a site inspection on the 13 December 2011 at 11.00 am to be followed by a special meeting of the Committee to determine the application in the Council Chamber, Council Offices, Dingwall.
5.5 Applicant: The Highland Council (11/03346/FUL) (PLR-082-11 (1496kb pdf))
Location: Broadford Primary School, Broadford
Nature of Development: Installation of Biomass Boiler and 15 m High 5 KW Wind Turbine
Recommendation: Grant.
There had been circulated Report No PLR/082/11 by the Area Planning and Building Standards Manager recommending the approval of the application subject to the conditions detailed therein.
The Committee agreed the recommendation.
5.6 Applicant: Mr Roddy MacKinnon (11/03376/PIP) (PLR-083-11 (797kb pdf))
Location: Land 100 m SW of Camusmore House, Bornisketaig, Kilmuir
Nature of Development: Permission for 1 Dwellinghouse
Recommendation: Grant.
There had been circulated Report No PLR/083/11 by the Area Planning and Building Standards Manager recommending the approval of the application subject to the conditions detailed therein.
Mr Hamish Fraser stated that he was once again disappointed that the Crofters Commission as a statutory consultee had not responded in time. The Area Planning Manager advised that they had responded this morning and had no comments.
The Committee agreed the recommendation with an additional condition requiring the submission of a method statement for construction traffic and a footnote regarding drainage.
6. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals
6.1 Applicant: Cairn Housing Association (09/00558/FULRC) (PPA-270-2054 (64kb pdf))
Location: Land to East of Old Primary School, Culbokie
Nature of Development: Erection of Six Flats
The Committee noted that the appeal had been dismissed.
The Chair asked that the following note be recorded regarding this decision:
While I am happy that the Reporter agreed with the Committee that the application should be refused, I’m not satisfied with the Reporter’s approach to assessment of the application against the development plan. The use proposed by the appellants was contrary to the use identified for the application site in the Local Plan. I remain of the view that this should have been given significant weight in the assessment of the application and the appeal.
There being no further business the meeting closed at 1.05 pm.