Committees
Minutes of Meeting of the Lochaber Area Planning and Building Control Committee held within the Council Chambers, Lochaber House, High Street, Fort William on Monday, 23 September 2002 at 10.05am.
Present:
Mr Andrew R McFarlane Slack, Chairman
Mr Charles King
Mr George M Bruce
Mr William MacLachlan
Dr Michael E M Foxley
Mrs Olwyn J Macdonald
Mr Brian J Murphy
Mr Neil M Clark
In Attendance:
Mr J C Hutchison, Lochaber Area Manager
Mr K A Johnston, Area Planning and Building Control Manager
Mr G Robson, Head of Environment, Planning HQ
Mr K D Falconer, Area Solicitor/Administrator
Mr J C Tolmie, Area TEC Services Manager
Miss Julie Martin, Administrative Assistant, Corporate Services
1. Apologies
No apologies were intimated.
2. Revenue Expenditure Monitoring Report
There was circulated and noted report (no. PL/63) dated 12 September 2002 by the Area Planning Manager which detailed the revenue expenditure monitoring report for the Planning and Building Control Service for the period 1 April to 31 August 2002.
3. Matters Arising
3.1 LO/2002/098/S36LO – Construction of 2.5mv Electric Scheme
and Erection of 33kv Overhead Line at Abhainn Na Coinich, Loch
Uisge, Kingairloch for Scottish and Southern Energy Plc
There was circulated report (no. PL/64) dated 11 September 2002 by the Area Planning Manager which updated Members on the various issues raised at the last meeting together with Messrs Scottish and Southern Energy’s request that the upgrading from 2.5 to 3.5 megawatts be treated as a non-material variation.
The Committee noted the Area Planning Manager’s advice that the upgrading of power generation from 2.5 to 3.5 megawatts was a non-material variation in terms of its visual and physical impact. The Committee also noted the Area Planning Manager’s recommendation that the Committee SUPPORT the proposal subject to emphasis being placed on the need for strong confirmation of all the specific requirements being conveyed to the "Design and Build" team, and also to a series of appropriate conditions and mitigation measures to cover details of all building and engineering works, details of all road works, realignment etc, requirement to obtain road construction consent, details of arrangements for monitoring of water flows and setting of compensation flow levels, details of the timing of the construction works, formation of a local liaison group to include local residents and the Planning Authority, details of the abstraction of water from the various streams and tributaries, method statement and contingency plan for pollution incidents to be agreed, mitigation measures in respect of nature conservation interests in the locality, details for restoration and re-seeding of all ground damage, landscaping and reinstatement of the area around the proposed power house, details of the recording and safeguarding of all archaeological features, details of all pipe crossings over burns etc, minimum tree clearance corridors, restoration of the landscape at the end of the life of the project and other requirements resulting from the advice of our consultees.
The Committee further noted the Area Planning Manager’s recommendation that finalisation of these comments be delegated to the Area Planning Manager in conjunction with the Chairman, Area Convenor and Local Member.
Following discussion, the Committee agreed to SUPPORT the proposal in line with the Area Planning Manager’s recommendation as detailed above, and AGREED the upgrading of the generator power to 3.5 megawatts was not a material change.
The Committee further resolved that the Area Planning Manager should draft conditions for endorsement by the appropriate Members, specifically taking into consideration the following concerns raised by Members:-
a) that the routing of the overhead line on the north side should be pegged
out and agreed on site before any works commenced;
b) the overhead connecting route to link the national grid was
environmentally preferred on the south shore of the Loch a’Choire;
c) it was critical that the conditions imposed by the Planning Authority were
fully incorporated within the "Design and Build" contract;
d) the Liaison Group must have powers to authorise and influence matters;
e) representatives on the Liaison Group should include the three Community
Councils and a local archaeological interest;
f) ensure archaeology conservation with community involvement.
3.2 02/00245/OUTLO – Proposed Residential Development of 4 Acres
of Land at Rear of Lochan Cottage, Lochyside, Fort William
for R E Campbell (Joinery) Ltd
There was circulated report (no. PL/65) dated 10 September 2002 by the Area Planning Manager which updated Members on the issues (woodland safeguard and protection of pipeline) upon which they sought additional information and clarification.
During discussion, the Committee noted the concerns expressed by Mrs Olwyn Macdonald relating to landscaping.
The Committee noted the Area Planning Manager’s recommendation that as the applicants have addressed all the issues raised by the Committee, outline planning permission be GRANTED subject to the following conditions:-
1) Standard Reserved Matters and Reasons.
2) That the detailed layout plan required under condition (1) above shall
generally adhere to the layout principles of achieving a series of small
residential cul-de-sacs with houses grouped around; the phasing of
development shall be agreed in writing with the Planning Authority; such
phasing must be commensurate with the provision of roads and
infrastructure.
3) That the development form and storey height shall comprise single and
two storey buildings; any two-storey buildings shall be generally located at
the north east part of the site, set against the railway embankment, with
the single storey housing prevailing to the south adjacent to Riverside
Park, Rustic View and Lochan Cottage.
4) That the net density of the site shall not exceed 10 houses per acre,
giving a maximum of 40 houses.
5) That all roads shall be laid out and constructed to a standard requisite for
adoption by the Roads Authority; vehicular access shall be taken only from
Riverside Park; no development shall commence until an application has
been lodged with the Roads Authority for Road Construction Consent; on
completion of the road it shall be offered to the Roads Authority for
adoption; one dedicated off-street parking space shall be provided within
the curtilage of every house; additional off-street parking shall be provided
at the rate of 1 bay per two houses all to the satisfaction of the Planning
Authority.
6) That no development shall commence until details of the proposed
landscaping and tree planting (including trees to be retained and additional
planting) shall be agreed in writing and in plan form with the Planning
Authority; this planting shall be carried out at the first planting season
after substantial completion of each phase of development; any plant
failures within the first five years shall be replaced to the satisfaction of the
Planning Authority.
7) That the landscaping requirements detailed at (6) above shall include
provision of adequate amenity space, children’s play space together with a
major public amenity open space on the land north of Rustic View and
east of Riverside Park; prior to development commencing details of the
works to be undertaken in this regard shall be submitted to and approved
in writing with the Planning Authority; provision for the ongoing
maintenance and after-care of the public open spaces, amenity areas, play
areas and public footways and communal parking areas shall be agreed in
writing with the Planning Authority; these areas shall be maintained in
perpetuity, at the developers expense, to the satisfaction of the Planning
Authority.
8) That, for the avoidance of doubt the areas edged GREEN on the attached
docquetted plan shall be retained as amenity open space in perpetuity.
9) That in addition to the requirements of condition (1)(i) above, no
development shall commence until details of a sustainable surface water
drainage system, have been submitted to and approved in writing by the
Planning Authority.
10) That notwithstanding the provisions of the Town and Country Planning
(General Permitted Development) (Scotland) Order 1992 no
development shall be carried out without the formal permission of the
Planning Authority; concurrent with submission of the Reserved Matters
details at (1) above, there shall be submitted and agreed a Code of
Design to cover porches, fences, garages, extensions etc
11) That no development shall commence until details of all materials to be
used in the external surfaces of the buildings, and all hard surfaces (roads,
footpaths, parking areas etc) shall be submitted to and approved in
writing by the Planning Authority.
12) That no development shall commence until details of adequate measures
to be set in place to ensure no prejudice to the continuous stability and
operation of the Paper Mill process-water pipeline have been submitted to
and agreed in writing with the Planning Authority.
13) That no development shall commence until details of adequate measures
to ensure the continuous stability and integrity of the adjacent railway
line have been submitted to and agreed in writing with the Planning
Authority.
14) That no development shall commence until details of a network of public
footpaths linking Riverside Park to (1) the adjacent primary school, (2)
Castle Drive, (3) Caol/Broom Drive, (4) Blar Mhor Industrial Estate have
been submitted to and approved in writing by the Planning Authority.
15) That the public amenity area referred to in condition (7) above shall be
generally dedicated to this development and shall be tastefully fenced
and hedged along its road frontage with the entrance set generally to
the east.
Reasons
1) Standard
2-15) In the interests of amenity, road safety, and to protect adjacent
infrastructure.
NB.1 Please note the operational safety requirements of Railtrack Scotland as set out in their letter to the developers agent of 24 June 2002.
NB.2 Please note that Scottish Water advise that a foul pumping main, foul and surface water sewers cross the site of the proposed development; please contact Scottish Water to discuss and agree appropriate safeguard measures and site servicing arrangements.
NB.3 As an alternative to the requirements of condition (7) above, the developer may choose to construct the amenity open spaces to the standards required by the Highland Council and thereafter convey these free of charge to the Council together with 18 times the annual cost of maintaining these areas.
Following discussion, the Committee agreed that outline planning permission be GRANTED in line with the Area Planning Manager’s recommendation as detailed above, subject to:-
a) Agreement being obtained that 25% of the development would be
affordable housing;
b) Assurances being given by the applicants that no vehicular access would be
taken via Castle Drive;
c) The development being fully monitored;
d) The Area Planning Manager presenting the results of the question survey
to a future Meeting of the Committee.
The Committee agreed that powers be delegated to the Area Planning Manager in consultation with the Chairman, Local Member and Housing Chairman to finalise conditions.
3.3 LO/P16 –Old Drimnin Chapel, Morvern
There was circulated report (no. PL/66) dated 10 September 2002 by the Area Planning Manager which updated Members on progress being made with the conservation of the Old Drimnin Chapel at Morvern.
The Committee NOTED the ongoing progress with this important matter, and that the Working Group would continue to address the various issues and reports would be presented to the Committee from time to time. In addition, the Committee resolved that "Holiday Accommodation" was not an option for prospective use of the building on the basis that there may be graves within the Church.
3.4 LO/02/130: – Erection of 17 Houses at Broomfield Croft,
Tomonie, Banavie for The Western Tomonie Partnership
There was circulated report (no. PL/67) dated 11 September 2002 by the Area Planning Manager which updated Members on the progress made in respect of the above proposal. Members noted that it had been deferred to allow the preparation of a Development Brief, cost a separate foot bridge over the railway, and obtain the advice of the Trunk Roads Authority.
The Committee noted that as negotiations were still ongoing with the Trunk Roads Authority, it was agreed that consideration of the application be again DEFERRED and that a further report be presented to the Committee in due course.
4. Delegated Powers
There was circulated and noted a list of applications dealt with under delegated powers for the period 2 August to 11 September 2002.
5. Applications
5.1 02/00071 and 72FULLO: Erection of Three Houses (Two in Detail,
One in Outline) at Plots 6, 7 and 8 Seafield Gardens, Fort William
for Mrs S Sutherland
There was circulated report (no. PL/68) dated 11 September 2002 by the Area Planning Manager which related to applications for outline planning permission for a house on Plot 6 and for planning permission for two houses on Plots 7 and 8 at Seafield Gardens, Fort William.
The Committee noted that outline planning permission had existed for the development of these plots for over 10 years and had been renewed on a regular basis. Surface water drainage from the plots had become a significant issue in the consideration of the present applications, raised by an objector and by the Area Roads and Community Works Manager.
The Committee noted that the applicant was unwilling to commission the necessary Engineer’s report to demonstrate the adequacy of the proposed drainage arrangements.
The Committee noted the Area Planning Manager’s recommendation that the Committee confirms its support in principle to housing on these Plots and invites the applicant to provide the required Engineer’s report on surface water drainage.
In the event that the applicant re-affirms her unwillingness to commission the necessary report then the applications should be refused for the following reason:-
1) The applicant has failed to demonstrate to the satisfaction of the Planning
Authority that the existing surface water drainage system that serves the
proposed house plots is adequate, with or without improvement, to cater
for additional discharges from the development, contrary to the advice
given in Scottish Executive Department Planning Advice Note 61 (PAN 61)
on Planning and Sustainable Urban Drainage Systems.
Following discussion the Committee APPROVED the application subject to incorporation of:
i) A suspensive condition to ensure that the developers provided an
engineer’s report on achieving and implementing a sustainable surface
water drainage system prior to any development commencing and;
a further condition requiring that the adoptive-standard road be extended
to serve all houses.
ii) Powers were delegated to the Area Planning Manager in consultation with
the Chairman, Convener and Local Member to draw up conditions.
5.2 02/151/AGRLO – Erection of Agricultural Shed (Prior Notification
Approval) at 9/12 Tighphuirst, Glencoe for Mr R Moreland
There was circulated report (no. PL/69) dated 9 September 2002 by the Area Planning Manager on prior notification of the applicant’s intention to erect an agricultural shed on his croft at 9/12 Tighphuirst, Glencoe. It was noted that objections had been received to the proposal on the grounds that it would prejudice a housing land allocation in the Local Plan and that trees had been felled on the site. The Planning Authority’s locus in cases such as this is limited to the siting, design and appearance of the proposed building.
Following discussion the Committee adopted the Area Planning Manager’s recommendation and AGREED that the applicant be formally advised that the prior approval of the Planning Authority would not be required for the erection of this agricultural shed.
5.3 02/00249/OUTLO – Erection of House (Outline) at Ephesus,
Roshven, Lochailort for Mr and Mrs A Blackburn
There was circulated report (no. PL/70) dated 10 September 2002 by the Area Planning Manager on a proposed house to replace a temporary timber chalet within a very secluded, screened site at Ephesus Bay, Roshven.
The Committee noted the Area Planning Manager’s recommendation that the application be granted subject to the following conditions:-
1) Standard reserved matters.
2) That the house shall be of traditional form and finishes including a span not
exceeding 6.8m, its roof shall be set at an angle of 45 degrees and
finished in natural dark blue-grey slate; its external walls shall be finished in
off-white render or natural stone; its storey height shall not exceed 1.5; all
external windows shall be of a strong vertical emphasis and any chimney
shall be set squarely on the ridge of the roof.
3) That no trees shall be lopped, topped, felled, cleared or otherwise
damaged save with the express written consent of the Planning
Authority; at the commencement of site work, the existing tree cover
shall be securely and effectively taped-off to ensure that it is not impacted
upon or damaged during the course of construction work.
4) That no development shall commence until the access onto the A861 has
been upgraded to comply with the requirements set out in the attached
schedule.
5) That the access track to the nearby burial ground shall remain open and
unimpeded.
6) That the private water supply to service the development shall be treated
to ensure its compliance with the Private Water (Scotland) Regulations
1992, or any regulations revoking or re-enacting those regulations, with or
without modifications, in terms of bacteriological and clinical quality.
7) That no development shall commence until details of foul drainage
arrangements have been submitted to and approved in writing by the
Planning Authority; in this regard advice shall be sought from the Scottish
Environment Protection Agency and as far as practicably achievable a land-
based soakaway system shall be installed.
Reasons
1) Standard reasons
2-7) In the interests of amenity, public health and road safety.
Following discussion the Committee agreed that the application be GRANTED in line with the Area Planning Manager’s recommendation as detailed above. The Committee further resolved that the applicants be encouraged to prepare an overall strategic plan illustrating their long term development aspiration related to provision of infrastructure etc and that the Chairman and Local Member should meet with the applicants in due course.
5.4 02/00260/FULLO – Erection of Bungalow at Plot 2, 6 Glasdrum
Road, Fort William for Mr R Rumney
There was circulated report (no. PL/71) dated 11 September 2002 by the Area Planning Manager on the proposed erection of a Bungalow at Plot 2, 6 Glasdrum Road, Fort William. It was noted that this proposal for a single house represented part of the continued housing development at Glasdrum in Fort William and the principle of a house on this site had already been established through an earlier outline planning permission and in the adopted Local Plan.
The Committee noted the Area Planning Manager’s recommendation that the application be GRANTED subject to the undernoted conditions and to any further conditions recommended by the Area Roads and Community Works Manager:-
1) The walls of the house shall be finished in a white render and the roof shall
be finished in dark grey tiles of ludlow profile;
2) Not later than the first planting season following first occupation of the
house hereby approved, at least ten trees of indigenous species shall be
planted within the curtilage of the site and any plants which, within a
period of five years from the date of planting, die, are removed, or
become seriously damaged or diseased, shall be replaced by the
immediately following planting season with others of a similar size and
species.
3) The arrangements for shared access, parking and turning within the site
shall be brought into use to the satisfaction of the Planning Authority in
consultation with the Roads Authority prior to first occupation of the
house hereby approved.
4) There shall be no disturbance to the existing steep embankment on the
boundary of the site at the eastern corner of no. 5 Glasdrum Grove during
construction works within the site and the face shall thereafter be
maintained at a stable angle.
5) Details of proposed measures to minimise the extent of overlooking of the
property at no. 3 Glasdrum Grove, such as a wall or fence, together with
sections through the site to demonstrate the effectiveness of such
measures, shall be submitted to and require the approval in writing of the
Planning Authority prior to the commencement of development.
Reasons
1-2) In the interests of amenity.
3) In the interests of road safety.
4-5) In order to safeguard the amenity of adjacent properties.
Following discussion the Committee agreed that the application be DEFERRED in order that more detailed plans could be obtained including an accurate layout plan, relative levels, geometry of vehicular access, proximity to adjacent houses, land ownership/garden ground allocation issues etc.
5.5 02/00262&263/OUTLO: Erection of 2 Houses (Outline) at Plots A
and B, Glenancross Farm, Tougal Car Park, Morar, Mallaig for Mrs
M Milligan
There was circulated report (no. PL/72) dated 9 September 2002 by the Area Planning Manager on a proposal to erect two houses within an elevated open field north of Glenancross Farm, Morar.
The Committee noted that this application had been WITHDRAWN by the applicants.
5.6 02/00264/OUTLO – Erection of House (Outline) at Dal Na Cranich,
Glen Mamie Croft, Lochailort for Mr D MacNaughton
There was circulated report (no. PL/73) dated 9 September 2002 on a proposed house within an isolated rural setting fronting on the A830 trunk road between Lochailort and Arisaig.
The Committee noted the Area Planning Manager’s recommendation that whilst he acknowledged the applicants very marginal land-related circumstances together with the kinship association, he was nevertheless firmly of the view that there were alternative more suitable sites within the croft and the cumulative affect of development on this coastal landscape would be seriously detrimental to its high quality amenity and that planning permission be REFUSED for the following reasons:-
1) The proposed development is contrary to the Council’s Housing in the
Countryside Policy which indicates that new developments in this locality
should be within existing settlements.
2) The proposed development lies within a designated Site of Scientific
Interest and a candidate Special Area of Conservation designated for their
international importance in terms of nature conservation; development of
the site would be contrary to the provisions of the Local Plan which
indicates a presumption against development that would prejudice the
nature conservation interests of the site.
AND on the advice of the Director of Roads, Scottish Executive, by Notification received on 28 July 2002:-
3) the proposed development would lead to a reduction in the level of service
on this route where vehicle speeds are high and traffic is free flowing.
The Committee noted that if they were of a mind to approve this application it would be necessary to refer it to the Scottish Ministers in view of the adverse advice tendered by the Trunk Roads Authority.
Following discussion the Committee APPROVED the application and agreed that a strong case be put to the Scottish Executive Trunk Roads Authority asking them to re-consider their adverse advice. The Committee further agreed that the Scottish Executive Trunk Roads Authority should be advised of the Committee’s reasons for departing from the Local Plan as follows:-
a) That the existing crofter is over 65 and in poor health;
b) There was a local need aspect;
c) The house could be well sited in a visual sense;
d) The static caravan would be removed from the site;
e) Access to the site has been established;
f) The alternative site is not suitable;
g) Application has the support of the Crofters Commission;
h) There was no other road available (previous undertaking given by Scottish
Executive);
i) There are kinship links;
j) No objections were received from Scottish Natural Heritage.
5.7 02/00267/OUTLO – Erection of Medical Centre and Associated
Parking (Outline) at Camanachd Crescent, An Aird Fort William for
Medical Practices and Highland Primary Care NHS Trust
There was circulated report (no. PL/74) dated 9 September 2002 by the Area Planning Manager on a proposal to develop a 3,000 sq.m. Medical Centre / GP Combined Surgery within an open space allocation at An Aird. It was noted the proposal had raised issues of Local Plan Policy, presence of contaminated land and parking difficulties.
Dr Foxley declared an interest in this application and took no part in the discussions thereof.
Members noted that although this was a Departure from the Local Plan, no representations had been received and it was not therefore necessary to hold a Departure Hearing.
The Committee noted the Area Planning Manager’s amended recommendation that subject to the matters detailed in Paragraph 7.1 below being resolved, outline planning permission be GRANTED subject to condition nos. 1 to 10 below:-
7.1 The additional parking area to be created adjacent to Motorway Cars will
require an explicit planning permission as will the re-design and the
intensification of the Highland Council Car Park adjacent to the shinty
pitch. These matters must be satisfactorily concluded prior to the issue of
any planning permission in respect of the proposed medical centre.
Conditions
1) Standard Reserved Matters
2) That the building shall be of traditional form and finishes; it shall not exceed
two storeys in height and its roof shall be pitched at an angle of 45
degrees and finished in natural dark blue grey slate; the main roof of the
building shall be set with its ridge and eaves running parallel to Camanachd
Crescent.
3) That the reserved matters noted at (1) above shall include a detailed
landscaping and planting plan for the site and its environments; in
particular a landscape bund shall be formed along the entire site frontage
to a depth of 5m in from the heel of the Camanachd Crescent footpath;
the parking area shall be substantially landscaped with the parking bays
generally visually absorbed by planting; all planting and landscaping works
shall be undertaken at the first planting season following substantial
completion of building works; any plant failures within the first five years
shall be replaced to the satisfaction of the Planning Authority; all
landscaping and planting shall be satisfactorily maintained in perpetuity to
the requirements of the Planning Authority.
4) That vehicular access shall be taken only from the south west end of the
site and the access shall be formed in accordance with the requirements
set out in the attached schedule.
5) That no development shall commence until a detailed scheme for the
provision of parking and circulation to serve the development has been
submitted to and agreed in writing with the Planning Authority. This
scheme shall include the following features:-
- Provision of a total of 120 parking spaces
- details of areas dedicated to staff parking (long and short term). And patients parking.
- Details of provision of at least 10 no. disabled parking bays of size 3.8m x 5m (may include a 1.3m shared strip with conjoined bays).
- Provision for cycle parking and safe storage.
- Definition of an emergency access route into the adjacent shinty pitch.
- Details of parking arrangements outwith the site including all confirmed statutory and legal permissions.
- Footpath circulation.
- Bus draw-in at pick-up facility.
6) That no development shall commence until details of a sustainable surface
water drainage system has been submitted to and approved in writing by
the Planning Authority.
7) That no development shall commence until details of additional traffic
calming measures on Camanachd Crescent, including consideration of a
"Home Zone" gateway have been submitted to and approved in writing
by the Planning Authority.
8) That no development shall commence until details of provision of an
adequate replacement kickabout/amenity area, together with protective
fencing alongside the shinty pitch as required by the Planning Authority,
have been agreed in writing with the Planning Authority.
9) That provision shall be made for access by disabled persons, including
wheelchair users, in accordance with details to be submitted to and
approved in writing by the Planning Authority.
10) That no development shall commence until a detailed report, prepared by
a Chartered Engineer, Soil Scientist or other competent person,
containing an assessment of the extent of contamination at the site, and
detailed measures for addressing and remediating this, have been
submitted to and approved in writing by the Planning Authority; in this
regard details of the haul route for removal of any contaminated material
off-site shall be agreed in writing with the Planning Authority.
Reasons
1) Standard
2-10) In the interests of amenity, public safety, road safety, public health and
to ensure that disabled persons are not disadvantaged.
N.B.1 The applicants be advised that it is imperative that all the conditions/requirements noted above be incorporated into the "Design and Build" tendering material.
N.B.2. As this is a major £2m public works project, with undoubted impact on the community, the Committee should give consideration to requiring the developers to set up a Local Liaison Group to be chaired by the Committee Chairman and its membership to include the Local Member as well as the Community Council representatives, residents representatives, and Contractors and developer.
Following discussion the Committee agreed that the application be GRANTED in line with the Area Planning Manager’s recommendation as detailed above, subject to the expansion/strengthening of the conditions to emphasise the following points:-
a) Passenger bus service/public service vehicles – adequate method of turning
to be agreed;
b) Adequate bus shelter with sidewall protection;
c) Adequate arrangements for parking/access provision for Fort William Shinty
Club usage;
d) Play area/kick-about provision – good quality surface and facility similar to
Pine Grove;
e) Parking requirements – need to ensure clarification and provision;
f) Landscaping – Committee prefer simple grass and trees with minimal
shrubbery, as opposed to low maintenance shrubbery with its windblow
collection tendency;
g) Design and Build – imperative that all Committee’s requirements are fully
interpretated and contained in tendering document;
h) Local Liaison Group – to be chaired by the Planning Committee Chairman.
The Committee further resolved that their reasons for departing from the Local Plan were as follows:-
1) The all weather pitch proposal had been provided at another suitable
location within the town.
2) The kickabout area was being re-located immediately adjacent to the site.
3) Landscaping/planting measures were being set in place to maintain the
amenity quality of the area.
4) Alternative site at Blar Mhor/Camaghael was not available even in the
medium term.
It was noted that measures had been set in place to ensure that the overall aims of the Local Plan were not prejudiced.
5.8 02/00277/FULLO – Continued Use of Land for Siting of Open
Market (Including Hot Food Retailing) at Car Park No 1, An Aird,
Fort William for Mr M Iqbal
There was circulated report (no. PL/75) dated 9 September 2002 by the Area Planning Manager which advised that the applicant wished to renew the now expired temporary consents to site an open air market, including the retailing of hot food, on Thursdays within the Council’s car park no. 1 at An Aird, Fort William.
The Committee noted there was one letter of objection from the adjoining Nevis Centre which had concerns about the impact of the development on its own facilities. The Area Development Manager had expressed reservations about the impact of hot food sales on existing businesses in the Town Centre.
Following discussion, the Committee adopted the Area Planning Manager’s recommendation that the application be APPROVED for a limited period of five years subject to the following conditions:-
1) That the permission hereby granted shall be for a limited period of five
years from the date of this permission, at which time the use shall cease.
2) That adequate measures shall be employed to ensure that the site is
managed and maintained in a tidy and orderly manner and, in particular,
provision shall be made for collection of litter and refuse and the timeous
removal thereof.
3) The stalls shall be used only for Class 1 retail purposes as defined in the
Town and Country Planning (Use Classes)(Scotland) Order 1997, as
amended, or any Order revoking and re-enacting that Order, with or
without modification, and for the retailing of hot food ancillary to the main
use as a market.
4) That the stall canopies shall be of a uniform colour to be agreed in writing
with the Planning Authority prior to the market coming into operation.
5) That a minimum of two disabled parking bays shall be provided at a
convenient location to be agreed in writing with the Planning Authority
prior to the market coming into operation.
Reasons
1) In order to allow the Planning Authority to monitor and control the
impact and appearance of the market in the interests of amenity.
2-4) In order to ensure a satisfactory appearance of the market in the
interests of amenity.
3) As clarification of the terms of the permission hereby granted and in
order to allow the Planning Authority to retain effective control over the
development.
5) To ensure that disabled persons are not disadvantaged.
5.9 02/00290/FULLO – Change of Use and Alterations to
Outbuilding / Store to Form Holiday Cottage at Cuilcheanna
Cottage Steadings, Onich, Fort William for Mr A Dewar
There was circulated report (no. PL/76) dated 9 September 2002 by the Area Planning Manager on an application for the change of use and alterations to part of a courtyard of outbuildings to form a two bedroom holiday cottage. It was noted that the application had raised concerns regarding potential noise impact from a neighbour and mitigation measures are proposed.
Following discussion the Committee adopted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:-
1) That the approval hereby granted relates only to the use of the premises
as holiday letting accommodation and for no other use of purpose
whatsoever. The express approval of the Planning Authority shall be
required for the use of the property for any other purpose; for the
avoidance of doubt, the building shall not be used as permanent
residential accommodation.
2) That the holiday cottage hereby approved shall be retained in the same
ownership as Cuilcheanna Cottage unless otherwise agreed in writing by
the Planning Authority.
3) That prior to development commencing, the window design shall be
amended such that the windows have a mid transom to reflect a sash and
case style window unit.
4) That the deadlight windows in the gable wall shall be formed with triple
glazed window units.
5) That on completion of construction works and prior to the initial letting of
the holiday cottage, the building shall be finished with a white or off-white
paint colour.
6) That the new velux roof light shall be fitted with flush fitting flashings.
Reasons
1) In order to allow the Planning Authority to retain effective control over the
use of the site, in the interests of the amenity of adjacent occupiers.
2) To ensure that the site is effectively managed and allow detailed
consideration of issues not taken into account at this stage.
3) To improve the external appearance of the holiday cottage hereby
approved.
4) To restrict the level of noise passing through the structural opening in
order to protect the adjacent business.
5-6) To improve the external appearance of the holiday cottage hereby
approved.
5.10 02/00306/FULLO – Erection of Garage at Rear of 71 Camaghael,
Fort William for Mrs C Macdonald
There was circulated report (no. PL/77) dated 10 September 2002 by the Area Planning Manager on an application for a single garage at 71 Camaghael, Fort William.
Following discussion the Committee adopted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:-
1) That the garage hereby approved shall be used only for domestic purposes
incidental to and ancillary to the use of the dwellinghouse as such.
2) No development shall commence or is hereby authorised until a plan
illustrating the landscaping and planting of ground between the garage
and the neighbouring property (The Sheiling) is submitted to and
approved in writing by the Planning Authority. All landscaping and planting
approved shall be completed during the first planting season following the
substantial completion of the garage hereby approved.
Reasons
1) To protect the residential character of the site and the privacy of the
immediate neighbour.
2) To protect the privacy and rural setting of the immediate neighbouring
property.
5.11 02/00318,324&325/OUTLO – Erection of 4 Houses (Outline) at
Achnabobane and Achnasol, Spean Bridge for Mr A Macgregor
There was circulated report (no. PL/78) dated 11 September 2002 by the Area Planning Manager which related to a proposal for an additional 4-house development within the Achnabobane/Achnasol locality, about 2 miles west of Spean Bridge. It was noted the Site was within "restricted countryside" and the development was therefore contrary to the Structure Plan and Local Plan policies unless there was a direct land-related or strong kinship need.
Members noted that although this was a Departure from the Local Plan, no representations had been received and it was not therefore necessary to hold a Departure Hearing.
The Committee noted the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons:-
1) The proposed development is contrary to Council policy H3 which seeks to
resist the creation of ad-hoc clusters of housing in the countryside in the
interests of amenity, sensible use of limited public resources, traffic safety,
and to protect the scenic qualities within this Area of Great Landscape
Value; if approved the proposal would be contrary to Policy R.2.14 of the
adopted Local Plan.
2) The proposed development would adversely affect this Area of Great
Landscape Value by creating an elevated and prominent development
when viewed from the A82 and if approved would set an undesirable
precedent for other similar developments within the area making it difficult
for this Council to refuse such developments and leading ultimately to
significant loss of amenity and landscape character.
3) The proposed development would result in an intensification of vehicular
manoeuvres and pedestrian movements at the trunk road junction, all to
the detriment of the safety and free flow of traffic on this section of trunk
road where vehicle speeds are high.
The Committee noted that if they were minded to approve this application it would be necessary to await the advice of the Trunk Roads Authority. If this advice was adverse, the application would require to be referred to the Scottish Ministers.
Following discussion the Committee agreed that the application be GRANTED on the basis that there was an over-riding local need for housing in the Spean Bridge area and there was also a kinship association. The Committee further resolved that a Section 75 agreement be drawn up to prohibit any further development other than normal domestic household proposals and legitimate agricultural work. Powers were delegated to the Area Planning Manager in consultation with the Chairman, Local Member and Area Convenor to finalise the wording of conditions.
5.12 02/00334/FULLO – Extension to House to Provide Integral
Garage at Holburn, Albyn Drive, Corpach, Fort William for Mr and
Mrs G Bruce
There was circulated report (no. PL/79) dated 9 August 2002 by the Area Planning Manager on an application for a garage extension to a detached bungalow within the Albyn Drive development. It was noted the application required approval by the Committee as the applicant was the Local Member.
Councillor George Bruce declared an interest in this application and took no part in the discussions thereof.
The Committee adopted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following condition:-
1) That prior to the commencement of development, provision shall be made
within the site for adequately parking turning of vehicles, in accordance
with details which shall first be submitted to and approved in writing by
the Planning Authority.
Reason
1) To ensure that the proposal hereby approved does not compromise the
ability to park and turn vehicles within the site, in the interests of road
safety.
5.13 02/00347/OUTLO – Erection of House (Outline) at Sandavore,
Isle Of Eigg for Miss K Smith and Mr S Millar
There was circulated report (no. PL/80) dated 9 September 2002 on a proposed house for local need but within an elevated open treeless site above Galmisdale. It was noted that other less intrusive sites were available to the applicants.
Councillors King and Foxley declared a non-pecuniary interest in the application.
The Committee noted the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons:-
1) The proposed development by reason of its likely elevated and dominant
position within this open elevated treeless setting is contrary to the policy
of the Highland Council which seeks to restrict visually intrusive
developments in the interests of amenity and protection of the landscape
particularly within this designated National Scenic Area.
2) Approval of this development would establish a dangerous precedent
making it difficult for the Planning Authority to resist other similar proposal
leading ultimately to serious and adverse impacts on the visual amenity of
the island.
3) There are alternative sites available to the applicants which would not
result in loss of amenity thereby not giving rise to the objections noted at
(1) and (2) above.
AND the applicants be advised that an amended application for a more suitable site be considered further by the Planning Authority with a view to giving a favourable decision and the Isle of Eigg Heritage Trust be asked to make available vacant Sandevore Farm to the applicants for respiration/housing use.
Following discussion the Committee agreed the application be GRANTED subject to the applicants meeting on site with the Local Member and Chairman to discuss in particular, the position of the building on the site. It was further agreed that the site should be pegged out and agreed by the Planning Authority before any works commenced. Powers were delegated to the Area Planning Manager in consultation with the Chairman, Convenor and Local Member to finalise the wording of conditions.