Committees
Minutes of Meeting of the Lochaber Area Planning and Building Control Committee held in the Council Chamber, Lochaber House, Fort William on Monday 16 December 2002 at 10.05am.
Present:
Mr Andrew R McFarlane Slack, Chairman
Mr Charles King (part of Meeting only)
Mr George M Bruce
Mr William MacLachlan (part of Meeting only)
Dr Michael EM Foxley (part of Meeting only)
Mrs Olwyn J Macdonald
Mr Brian J Murphy
Mr Neil M Clark
Also Present:
Mr J C Hutchison, Lochaber Area Manager
Mr K A Johnston, Area Planning and Building Control Manager
Mr J C Tolmie, Area Roads and Community Works Manager
Mr K D Falconer, Area Solicitor/Administrator
Mrs E MacLellan, Administrator, Corporate Services
1. Apologies
None.
2. Revenue Expenditure Monitoring Report
There was circulated and noted report (no.PL/106) dated 10 December 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 October 2002.
Mr Charles King arrived following discussion of the above item.
3. Matters Arising
3.1 02/00267 – Erection of Medical Centre and Associated Parking
(Outline) Adjacent to Shinty Club, Camanachd Crescent, Fort
William for Three Medical Practices and Highland Primary Care NHS
Trust
The Committee noted that following their meeting of 23 September 2002, when it was agreed that outline planning permission be granted for the above development subject to finalisation of conditions being delegated to the Area Planning Manager in conjunction with the appropriate Members, Scottish Water had advised that a major trunk sewer runs under the site of the proposed building and that this has significant implications for the building zone. Members further noted that for this reason the Decision Notice had not yet been issued and that the applicants, Scottish Water, and the Area Planning Manager were addressing this matter and it was hoped that a solution would be forthcoming at an early date.
3.2 02/00098 – Construction of 3.5mw Hydro Electric Scheme
Including Environmental Statement at Abhainn Na Coinich, Loch
Uisge, Kingairloch, Ardgour, Fort William for Scottish and
Southern Energy Plc
The Committee noted that following their last meeting when Members had agreed to support the above proposals subject to conditions, a meeting had been arranged with the Scottish Executive for Wednesday 18 December to review the conditions. The Committee agreed that power be delegated to the Area Planning Manager in consultation with the Chairman, Convener and Local Member to agree and finalise the conditions.
4. Appeals
01/00336 – Erection of House (Amended Position) at Plot B1, Monument Park, Strontian, Acharacle, Argyll for Mr C Wright
The Committee noted that the Reporter had upheld Mr Wright’s appeal and granted planning permission, subject to conditions requiring landscaping, car parking and turning facilities. He concluded that the proposed house would be screened from outside views, it represented a small element against this extensive hillside, it would not be the highest building on the site, it would be softened by generous landscape planting, it would not give rise to loss of privacy or amenity for other properties and it would not set an undesirable precedent. He declined to take account of the access issue as he concluded that was not relevant.
5. Delegated Powers
There was circulated and noted a list of applications dealt with under delegated powers for the period 23 October to 4 December 2002.
6. Applications
6.1 02/00322 – Erection of House, Garage and Associated External
Works at Plot 2, Lochindaal, Tomonie, Banavie, Fort William for
John Mackinnon (Building Contractor)
There was circulated report (no. PL/94) dated 3 December 2002 by the Area Planning Manager on a proposal to erect a one and a half storey house within a six house allocation at Eastern Tomonie.
Following discussion the Committee adopted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions.
1) That provision of road and services shall be undertaken comprehensively in
respect of the overall six house development of which this plot forms part;
no building works shall commence until Road Construction Consent has
been given by the Roads Authority and the road has been constructed to
base course standard; a detailed scheme for the provision of water supply,
foul drainage, and sustainable surface water drainage system for the six
house development of which this plot forms part shall be submitted to and
approved in writing by the Planning Authority;
2) That at least 5 no. trees of native species and capable of ready growth to
at least 8m in height shall be planted within the plot at the first planting
season following substantial completion of development and thereafter
maintained to the satisfaction of the Planning Authority; any plant failures
within the first five years shall be replaced to the satisfaction of the
Planning Authority;
3) That the roof of the house shall be finished in dark grey tiles of a ludlow
profile;
4) That the house shall be positioned at least 30m distant from the existing
houses on the Eastern Tomonie Road;
5) That, in conjunction with condition 1) above, the vehicular access road
shall be adjusted in accordance with the requirements of the Roads
Authority to ensure adequate access to the Lochindaal croftlands, to the
rear of Torran and to ensure an adequate access corridor to the rear of
no. 23 Tomonie; for the avoidance of doubt, no development shall
commence on site until these requirements have been agreed in writing
with the Planning Authority;
6) That within 3 months commencing with the date of commencement of
work on site, the existing stockpile of spoil/waste material shall be
removed off site or otherwise sensitively spread within the site so as to
minimise its impact on neighbouring proprietors, to the satisfaction of the
Planning Authority;
7) That no development shall commence until the height of the finished floor
level and the ridge level have been set out on site and agreed in writing
with the Planning Authority; in this respect the house shall be set as low
in the site as reasonable practicable, all to the satisfaction of the Planning
Authority.
Reasons for Conditions
1-7) In the interests of amenity, road safety and so as to minimise prejudice
to neighbouring proprietors enjoyment of their residential amenity.
Dr Michael EM Foxley and Mr Charles King arrived during discussion of the above item.
6.2 02/00336 – Erection of Police Station Adjacent to Filling Station,
The Pier, Mallaig for Northern Joint Police Board
There was circulated report (no. PL/95) dated 4 December 2002 by the Area Planning Manager on a proposed new two storey Police Station at a prominent site at the entrance to Mallaig Village. The Committee noted that although contrary to the adopted Local Plan, a reasoned justification had been made for departing therefrom.
Following consideration the Committee adopted the Area Planning Manager’s recommendation that planning permission be GRANTED subject to the following conditions.
1) That no development shall commence until a schedule of external finishes
including the colour and texture thereof has been submitted to and
approved in writing by the Planning Authority; in this regard all stonework
on the building and boundary wall shall be of natural stone, the details of
which shall be agreed with the Planning Authority;
2) That no development shall commence until details of the roadside
boundary treatment has been submitted to and approved in writing by
the Planning Authority; in this regard the boundary shall comprise 900mm
high natural stone walling with stone coping, all to the satisfaction of the
Planning Authority; the detailing and design of the stone boundary wall
shall have full regard to the detailing of the stone wall around West Bay
car park;
3) That no development shall commence until details of the parking
requirements associated with this development and provision of
commensurate car parking in accordance therewith, has been submitted
to and approved in writing by the Planning Authority;
4) That no development shall commence until details of the landscaping and
planting proposals for the frontage of the site have been submitted to
and approved in writing by the Planning Authority; in this regard care shall
be taken to ensure that no planting is undertaken such that obscures the
visibility of road users at the A830(T) roundabout/junction; all such
landscaping and planting works shall be undertaken at the first planting
season following substantial completion of development; any plant failures
within the first five years shall be replaced to the satisfaction of the
Planning Authority;
5) That no development shall commence until details of access and dedicated
parking for disabled persons has been submitted to and approved in
writing by the Planning Authority;
6) That 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;
AND on the advice of the Director of Roads, Scottish Executive;
that no surface water shall be allowed to run onto the trunk road from the buildings or the car parks.
Reasons for Conditions
In the interests of amenity, road safety and to ensure that disabled persons are not disadvantaged in accordance with Scottish Executive guidance;
To maintain safety for both the trunk road traffic and the traffic moving to and from the development.
N.B.1. This permission does not carry with it the right to carry out works within the trunk road boundary; the applicant must consult with the Trunk Roads Authority through its management agents, BEAR Scotland Ltd, Balblair Quarry, Beauly, Inverness-shire, IV4 7BG;
N.B.2. Scottish Water advise that public service pipes and pumping apparatus are located within or near to this site; please contact the Area Engineer, Carr’s Corner, Fort William to arrange a site meeting to ensure provision of protection of this apparatus.
Reasons for departing from the Local Plan:
1) The existing police station site is incapable of spatially accommodating a
modern-standards police station because of its restricted site area;
2) The alternative location allows ready access to the main road network
unlike the existing site which is in a congested location;
3) There has been no demand for this industrial land; there will remain a
significant industrial/business land resource within the Mallaig area;
4) There is a reasoned justification for departing from the Local Plan following
an examination of alternative sites.
6.3 02/00349 – Amendment to Condition 1(I) Attached to
Permission 02.18 to Allow House to be Occupied 2 Months in
Advance of Completion of Adoptive Road for Ms A Jennet and Mr
S R McCrae
There was circulated report (no. PL/96) dated 4 December 2002 by the Area Planning Manager on a request to temporarily set aside the requirement to comply with a condition requiring an adoptive standard road. Members noted that no substantive justification had been given for this request and the Area Planning Manager recommended that the Committee hold firm to Council Policy and refuse the application.
Following discussion the Committee adopted the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons.
1) The proposal is contrary to the adopted Policy of the Highland Council
which indicates that developments which involve new or improved access
to serve more than 4 houses shall be served by a road constructed to
adoptive standards; such adopted road should normally serve all of the
new development and any existing development;
2) The proposal is contrary to the conditions attached to the grant of
approval of Reserved Matters ref: 02/00018/REMLO and no substantive
justification has been put forward such as would override the Council’s
concern as set out at reason (2) above.
6.4 02/00399 – Removal of Condition Requiring Access Road to be
Upgraded to Adoptive Standards at East of Auchindarroch Farm,
Auchindarroch, Duror, Appin for Mr and Mrs K Smith
There was circulated report (no. PL/97) dated 28 November 2002 by the Area Planning Manager on a request for deletion of a condition requiring an adoptive standard road to the prospectively fifth house at this small development at Auchindarroch, Duror.
Following discussion and after hearing from the Area Planning Manager, Mr Drew McFarlane Slack, seconded by Mr William MacLachlan, moved that the condition requiring an adoptive standard road be removed on condition that the road was brought up to the standard agreed with the applicant and that a signed maintenance agreement be submitted to the Planning Authority prior to the commencement of development.
As an Amendment, Mr Neil Clark, seconded by Mr Brian Murphy moved that the application be refused.
On a vote being taken, there voted for the Amendment 3 and for the Motion 5. The Chairman therefore declared the Motion to be the finding of the Meeting.
6.5 02/00400 – Erection of House and Installation of Domestic
Heating Oil Tank, West of Glenfalloch, Hillside Estate, Fort William,
for Mr A N Fraser
There was circulated report (no. PL/98) dated 28 November 2002 by the Area Planning and Building Control Manager on a proposal for a single storey dwellinghouse within the garden of an existing property situated within a residential area in Fort William. The Committee noted that the erection of a house within this curtilage area constituted rounding off of this corner location and accorded with the surrounding settlement pattern, and was not in conflict with the provisions of the adopted Lochaber Local Plan. The Committee further noted that the design, scale and finish of the house was acceptable.
The Committee agreed that consideration of the application be DEFERRED for a site hearing to be held on 20 January 2003e. In addition the Committee agreed that Members carry out a site inspection first at 10.00am and thereafter convene in the Council Chamber, Lochaber House for the Hearing. The Committee requested the Area Planning Manager to arrange for a copy of the Scottish Office Inquiry Reporters letter of 3 August 1987 to be circulated for the Hearing.
The Committee also asked that the Area Roads and Community Works Manager should confirm that the visibility requirements can be achieved.
6.6 02/00401 – Demolition of Garage and Car Port and Extension to
House, Adjacent to Stronchreggan View, Achintore Road, Fort
William for Mr and Mrs A McQueen
There was circulated report (no. PL/99) dated 4 December 2002 by the Area Planning Manager on a proposed extension to a guest house to create an independent residential unit to be occupied by the proprietors of Stronchreggan who are about to retire, and to enable the existing guest house to be run by their son and daughter-in-law. Members noted that the proposal was contrary to the Achintore Road Policy in terms of spacing between buildings, inadequate plot size, impact on neighbouring occupier’s amenity, and orientation/direction of extension.
The Committee noted from the Area Planning Manager that the applicants had submitted an amended proposal which would allow a division in excess of 13 metres between the proposed development and neighbouring proprietors. The Area Planning Manager advised that whilst he found the new proposals acceptable, the applicants would have to carry out the neighbour notification procedure for these.
Following discussion the Committee agreed that the matter be DEFERRED and the applicants be invited to withdraw their current application 02/00401 and re-submit a fresh application detailing their amended proposals.
6.7 02/00410 – Display of Replacement Signage at Ben Nevis Woollen
Mill, Belford Road, Fort William for The Edinburgh Woollen Mill
There was circulated report (no. PL/100) dated 28 November 2002 by the Area Planning Manager which advised that the Woollen Mill Shop at the Nevis Bridge roundabout recently replaced their signage with an attractive modern suite of signs befitting this high quality visitor facility at the entrance to Glen Nevis. Unfortunately inclusion of the text "Visitor Centre" was causing significant confusion with subsequent road safety consequences.
The Committee noted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following condition.
1) That the content of the 2 no "Ben Nevis Visitor Centre" signs shall be
modified to ensure clarity of information and the text "Visitor Centre" shall
be deleted.
Reasons for Condition
1) In the interests of road safety.
AND that the applicants be requested to incorporate an element of Gaelic signage in accordance with Council policy.
Following discussion the Committee agreed that the application be APPROVED in line with the Area Planning Manager’s recommendation and, in addition, the applicants be advised that the Committee would have no objection to the deleted words "Visitor Centre" being replaced with "Woollen Mill".
6.8 02/00424 – Extensions to House and Garage at Glasbheinn,
Monument Park, Strontian for Mr and Mrs B Wilson
There was circulated report (no. PL/101) dated 2 December 2002 by the Area Planning Manager on a proposal for two extensions to an existing dwelling and a small extension to an existing garage at a dwellinghouse in Strontian.
Following discussion the Committee adopted the Area Planning Manager’s recommendation and agreed that the application be GRANTED unconditionally.
6.9 02/00421 – Display of Additional Signage at Safeway Stores Plc,
An Aird, Fort William, for Safeway Stores Plc
There was circulated report (no. PL/102) dated 4 December 2002 by the Area Planning Manager advising that Messrs Safeways were undergoing a nationwide re-branding and upgrading of their signage, and that six elements of prominent signage on the building and in the environs of the car park required to be modified.
The Committee noted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions.
1) That the "Superstore" appendage on the elevation facing the railway
station be modified so as to avoid encroachment into the brick string
moulding.
2) That the intensity of illumination shall not exceed a degree of brightness to
be agreed with the Planning Authority and the advice of the Area Lighting
Engineer shall be sought in this regard.
Reasons for Conditions
In the interests of amenity and road safety.
AND the applicants be reminded of the Council’s Policy to promote the Gaelic language particularly in the West Highlands and, as the Safeway foodstore is by far the largest retailing establishment on the west coats, it is particularly important that they reinforce Council Policy by retaining the existing "Failte Gu" text at the entrance doorway.
In noting from the Area Planning Manager that the applicants had already agreed to adjust the signage on the railway station elevation and incorporate Gaelic signage at the entrance doorway, the Committee agreed that the application be GRANTED per the Area Planning Manager’s recommendation.
6.10 02/00440 – Erection of House East of Roneval, Banavie, Fort
William for Mr A N Fraser
There was circulated report (no. PL/103) dated 4 December 2002 by the Area Planning Manager on a proposal for a three bedroom house within the Western Tomonie Township for the crofter’s daughter. Members noted that the site was within allocated land although a comprehensive scheme would have been preferred.
The Committee noted the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions.
1) That no development shall commence until a detailed layout plan for the
provision of roads and services (water, foul drainage and surface water
drainage) have been submitted to and approved in writing by the Planning
Authority, such details shall include a timescale;
2) That no development shall commence until the position of the house and
its finished floor level have been pegged out and agreed on site with the
Planning Authority;
3) That the road access referred to in condition (1) above shall include
provision of a corridor capable of accommodating a road of adoptive
standards, in the event that the wider area is subsequently developed;
4) That no development shall commence until a detailed planting and
landscaping plan for the environs of the site has been submitted to and
approved in writing by the Planning Authority; such planting works shall be
undertaken at the first planting season following substantial completion of
development; and plant failures within the first five years shall be replaced
to the satisfaction of the Planning Authority.
Reasons for Conditions
1-4) In the interests of amenity, to minimise the impact of development
within this elevated landform, to ensure that the development does not
prejudice the optimum development and layout of the wider area, and
to protect adjacent proprietors enjoyment of their amenities.
Following discussion the Committee APPROVED the application in line with the Area Planning Manager’s recommendation, subject to an additional requirement that the road access referred to in Condition 1 be 5.5m wide from where the bellmouth feeds the public road.
Dr Michael EM Foxley declared an interest in the following item and left the Chamber during discussion thereof.
6.11 02/00452 – Temporary Siting of Portable Office/Consulting
Room Accommodation at Craignevis, Belford Road, Fort William
for GP Practice
There was circulated report (no. PL/104) dated 29 November 2002 by the Area Planning Manager on a proposal to install a portacabin office unit for use as a consulting room within the curtilage of the Craig Nevis Surgery for a temporary two year period until a new purpose built surgery is constructed within the town.
Following discussion Mr Drew McFarlane Slack moved that the application be approved in line with the Area Planning Manager’s recommendation, but subject also to an additional condition requiring all staff to park in the swimming pool car park. This Motion failed to find a seconder and fell.
Mr Neil Clark, seconded by Mrs Olwyn J Macdonald, moved that the application be deferred to enable the applicants to give consideration to the feasibility of installing the portacabin office at the rear of the building, and obtain confirmation on parking arrangements. This proposal was agreed. In addition the Area Planning Manager was requested to check out the ownership of the hedge adjacent to the surgery car park.
7. Monitoring and Enforcement Items
7.1 01/00388 – Houses at Mullview, Duror
The Committee noted that two developers had failed to comply with conditions attached to their respective grants of planning permission in respect of the provision of an adoptive standard road.
Following discussion and after hearing from the Area Planning Manager, the Committee agreed that enforcement action be taken.
8. Aonach Mor Environmental Audit 2002
There was circulated report (no. PL/105) dated 3 December 2002 by the Director of Planning and Development which advised the Committee of the findings of the fourteenth annual environmental audit of the Aonach Mor ski development.
Members noted that the audit concluded that the condition of tows, runs and paths on Aonach Mor was almost unchanged from previous years and gave little cause for concern. It was also noted that a comprehensive programme of upgrading and maintenance had been established for the mountain bike track and significant improvements had been made to its environmental impact.
Following discussion the Committee adopted the Director’s recommendation and agreed to:-
(i) Note the findings of the Environmental Audit 2002;
(ii) Acknowledge the good overall condition of the ski resort; and
(iii) Welcome the significant progress that has been made in improving the
condition of the mountain bike track.
The Committee further agreed that a letter be sent to NRDC expressing the Committee’s appreciation of all their hard work and effort.