Committees

Minutes of Meeting of the Lochaber Area Planning and Building Control Committee held on Monday, 21 June 2004 at 10.15am within the Council Chambers, Lochaber House, Fort William.

Present:

Mr Andrew R McFarlane Slack (Chairman)
Mr Charles King
Mr Bill Clark
Mr Thomas J MacLennan
Dr Michael E M Foxley
Mr Brian J Murphy
Mr Neil M Clark

In Attendance:

Mr John C Hutchison, Lochaber Area Manager
Mr Keith D Falconer, Area Solicitor/Administrator
Mr K A Johnston, Area Planning and Building Control Manager
Mr Jim Tolmie, Area Roads and Community Works Manager
Mr Ian Jackson, Administrator, Education Service
Mr David Gray, Graduate Planner, Planning and Development Service
Ms Fiona Cameron, Administrator, Corporate Services

Declarations of Interest

None

1. Apologies

Apologies were intimated on behalf of the Area Convener, Mrs Olwyn J Macdonald.

2. Revenue Expenditure Monitoring Report 2003

There was circulated and endorsed report (no. PL/1) dated 10 June 2004 by the Area Planning Manager which detailed the revenue expenditure monitoring report for the Planning and Building Control Service for the period 1 to 30 April 2004.

3. Delegated Powers

There was circulated and noted a list of applications dealt with under delegated powers for the period 14 April to 10 June 2004.

4.1 02/00386-389/OUTLO – Erection of 4 Houses (Outline) at Plots 1-
4, Kilcamb Paddock, Kilcamb, Strontian for Mr G Blakeway

There was circulated report (no. PL/2) dated 4 June 2004 by the Area Planning and Building Control Manager on the above application. Originally a proposal for four houses, this had now been reduced to two following objections from the Community Council and discussions with planning staff. Two permanent dwelling houses would sit in this site satisfactorily. The applicant had agreed to upgrade the road to adoptive standards and improve the junction onto the A861. He had also agreed to make land available for affordable housing. Albeit contrary to the Local Plan (which is really a reflection of a previously granted planning permission) the application was recommended for approval subject to appropriate conditions.

Members considered the Area Planning Manager’s recommendation that subject to the prior conclusion of an agreement pursuant to Section 75 of the 1997 Act, or such other secure agreement as may be endorsed by the Area Solicitor, to make the land identified on the plan circulated with the report available for affordable housing, that applications 02/387 and 02/389 be approved subject to the undernoted conditions. Application 02/386 and 02/389 are withdrawn: -

1. Standard reserved matters and reasons.
2. That the house(s) shall be of traditional design, materials and appearance.
    Its span shall not exceed 7.8m, its roof shall be pitched at an angle of 45
    degrees and finished in natural blue grey slate; the houses shall be set with
    their main roof ridges lying parallel to the edge of the adjacent wooded
    backdrop to the west.
3. That the access road from the A861 to the “Y” junction serving Robingate
    and Kilcamb House shall be upgraded to the requirements of the Planning
    Authority in consultation with the Area Roads Manager; no development
    shall commence until details of these upgrading works have been
    submitted to and approved in writing by the Planning Authority; the access
    onto the A861 shall be upgraded to comply with the requirements set out
    in the attached Schedule; for the avoidance of doubt the houses shall not
    be occupied until the roadworks specified above have been implemented
    to the satisfaction of the Planning Authority.
4. That no trees or major shrubbery within the area edged green on the
    attached docquetted plan shall be lopped, topped, felled, cleared or
    otherwise damaged save with the written consent of the Planning
    Authority. That no development shall commence until the proposed public
    water supply scheme has been implemented and is operational.
5. That no development shall commence until details of the means of disposal
    of foul drainage have been submitted to and approved in writing by the
    Planning Authority in consultation with the Scottish Environment
    Protection Agency.
6. That, for the avoidance of doubt, provision of riverside access to be
    enjoyed by the general community shall be retained in perpetuity.

Reasons for Conditions:-

1. Standard
2. To ensure a satisfactory design and appearance of the development in the
    interests of amenity.
3. In the interests of road safety and to accord with the Highland Council’s
    Residential Roads policy.
4. The existing trees are a substantial visual asset that the Planning Authority
    seek to maintain in the interests of amenity; and in accordance with the
    provisions of the adopted Local Plan.
5. The proposed development is out-of-step with the proposed water supply
    programme of the statutory authority; there is insufficient supply in the
    existing system.
6. In the interests of public health, amenity, and to prevent pollution.
7. So as not to prejudice public access to the riverside.

AND subject to any requirements of Scottish Natural Heritage in respect of the adjacent Strontian River being an SSSI.

Reasons for departure from Local Plan:

1. The site is close to the existing village and as such is suitable for permanent
    housing as opposed to holiday letting accommodation.
2. The local Housing Association have confirmed that there is a pressing need
    for additional permanent housing in the village.
3. The visual impact of well designed, well sited houses would be identical to
    that of holiday letting accommodation.
4. The vehicular access can be upgraded to adoptive standards.
5. The site lies within easy walking distance of existing local services.

Following discussion Members agreed, contrary to the Area Planning Manager’s recommendation, to REFUSE the application for the following reasons:

The proposed development is contrary to the Local Plan
The proposed development would constitute overdevelopment

4.2 04/00035/FULLO – Erection of New Water Treatment Works and
Upgrading of Private Access Track, Kilchoan, Acharacle for
Scottish Water Solutions

The Chairman reported that this application had been withdrawn by the applicants.

4.3 04/00062/64/68/70/FULLO – Temporary Siting of Anemometer
      Masts for a Period of Two Years at (1) Glensanda, and (2) Taoabh
      Dubh In Morvern, and (3) Ben Losgann, and (4) Ben Bhuidb in
      Ardnamurchan and (5) Druim Leathaid in Ardgour – for Wind
      Energy Ltd

There was circulated report (no. PL/17) by the Area Planning and Building Control Manager on a proposal to erect 5no. 50m high anemometer masts to measure wind speed and wind direction at 5 different locations in Ardnamurchan and Morvern. The masts were to be erected for a period of 2 years. It was important that the applications were determined on their own merits and in accordance with Council policy. Albeit that several hundred representations had been received, these related generally to anticipated windfarm developments and were not directly relevant to the current proposals. The applications were not in conflict with Council policy, they had not raised irresolvable concerns from nature or wildlife advisors, and it was recommended that they be approved for a period of two years subject to appropriate conditions.

The Area Planning Manager summarised the five applications and reminded the meeting that the Director of (Planning and Building Control) wished it noted that applications were to be considered on their individual merits and not on the basis of any possible future related applications. The Area Planning Manager further noted that while over 200 objections had been received, most of these related to the principle of future windfarms.

The Chairman informed the meeting that two non-timeous objections had been received from Fergus Ewing MSP and Jim Mather MSP.
Members discussed the following points:

The Local Member voiced his concern about the manner in which the
applicants had researched and presented the application;
Certain Members felt that as reference was made to windfarms in the
application, then it should be possible for the Area Committee to discuss windfarms. Further to this, Mr Neil Clark added that if windfarms were irrelevant to the application, then there was no demonstrable need for the anemometer masts, i.e. why would information on wind be required if not for a possible windfarm
The efficiency, or otherwise, of windfarms as a power source
The obtrusive nature of anemometer masts and windfarms, particularly in scenic areas.
The implications for connection to the national grid.

The Chairman reminded the meeting that it was only the anemometer masts which were to be discussed, and not the possibility of future windfarms.
Following questions from Members, the Area Planning Manager clarified:

That the plans did not show lights on top of the anemometers, but advice had been sought and was still awaited from the Civil Aviation Authority on this matter
That applications for power sources of more than 50 megawatts would be dealt with by the Scottish Executive, while those for less than 50
megawatts would be dealt with by the local Planning Authority
That the plans for the proposed sitings of the anemometer masts had been widely circulated in the local communities and clearly indicated the locations of the proposed masts
That Scottish Natural Heritage, who are advisors to the Highland Council on matters of visual impact, have indicated that they would accept all five anemometer mast applications (although two would require some re-siting)

Following further discussion, Mr Drew McFarlane Slack, seconded by Mr Charles King, moved to adopt the Area Planning Manager’s recommendation that the application be APPROVED, subject to the following conditions:

1. That this permission is for a limited period expiring on 31 July 2006 or until
    completion of collection of data relevant to the assessment of the site as a
    potential windpower generating facility, whichever period is the lesser, by
    which time all plant, fencing and equipment shall be removed and the land
    restored to its original profile and condition to the satisfaction of the
    Planning Authority.
2. That no development shall commence until details of the arrangements for
    delivering plant and materials to the site have been submitted to and
    approved in writing by the Planning Authority; such arrangements such
    include a Method Statement, which will require to be submitted and
    approved in writing by the Planning Authority in consultation with Scottish
    Natural Heritage, prior to commencement of development, to cover the
    following topics:-

All construction works, including details of access to the site, conveyance of materials, areas of works, reinstatement of ground disturbed or damaged during construction.
Timescale for the works
Method of reinstatement measures once the masts are removed, including arrangements for access and removal of materials.
Details of any temporary storage compounds/work bases, including the arrangements for access thereto.

3. That prior to it coming into operation the masts shall be painted matt non-
    reflective grey in accordance with details to be submitted to and approved
    in writing by the Planning Authority.
4. That the mast and the gui wires supporting the masts shall be marked and
    visually identified for an initial temporary period of 28 days in accordance
    with details (deflectors/flags) to be submitted to and approved in writing
    by the Planning Authority prior to commencement of development.
5. That no perimeter fencing shall be installed; details of any ancillary fencing
    shall be agreed in writing with the Planning Authority prior to its installation;
    an interprotive panel (the details of which shall be agreed in writing with
    the Planning Authority) shall be fixed to the base to inform
    hillwalkers/visitors of the purpose of the installation and of its very
    temporary nature; this panel shall be installed prior to the anemometer
    coming into operation.
6. That no access track upgrading works shall be carried out, and no new
    access track shall be formed, without the formal permission of the Planning
    Authority.
7. (04/69 and 70 only) That prior to the anemometer mast being installed its
    position shall be pegged out on site and agreed in writing with the
    Planning Authority in consultation with Scottish Natural Heritage.

Reasons for Conditions:-

1. The structure is unacceptable as a long term feature and to enable the
    Planning Authority to exercise effective control in the interests of amenity.
2. In the interests of road safety, amenity and landscape and nature
    conservation.
3. To minimise the impact of development within this landscape resource in
    the interests of amenity.
4. To avoid injury to birds, by enabling them to familiarise with the structure.
5-6 In the interests of amenity and landscape conservation.
7. In the interests of amenity and landscape conservation.

NB1 This decision is given without prejudice to the Planning Authority’s consideration and determination of any future application for planning permission for development of wind turbines, which applications will require to be determined on their merits, circumstances and in accordance with Council policy and national policy guidance.

NB2 In respect of condition 2 above, access should as far as practicable make use of the existing network of estate tracks or pathways.

NB3 Please advise the Directorate of Airspace Policy of the site co-ordinates once construction has been completed

Dr Michael Foxley, seconded by Mr Neil Clark, moved as an AMENDMENT, to refuse four of the anemometer masts, applications 04/00064/68/69/70/FULLO, for the following reasons:

Local visual impact
Concerns of SNH
Impact on scenic views
Impact on landscape character
Contrary to Structure Plans T6 and Policy L4

And to approve application 04/00062/FULLO, subject to stringent conditions on access to the site, with power to draft such conditions (based on that noted above) being delegated to the Area Planning Manager.

It was noted that neither the motion nor the amendment was for or against the principle of wind energy.

Votes were Cast:

For the Motion:

Mr Charles King
Mr Andrew McFarlane Slack

For the Amendment:

Mr Bill Clark
Mr Thomas MacLennan
Dr Michael Foxley
Mr Brian Murphy
Mr Neil Clark

The Amendment was carried 5 votes to 2.

4.4 04/00101/FULLO – Erection of House at Croft 3, Shielfoot,
Acharacle, for Mr and Mrs A Macgillivray

There was circulated report (no. PL/4) dated 7 June 2004 by the Area Planning and Building Control Manager on a proposed crofthouse, for local need, within an unequipped croft near the end of the Shielfoot Road, west of Acharacle. There were concerns by neighbouring proprietors about design, orientation and increased agricultural traffic on a private roadway. The application was recommended for approval subject to controls on siting, additional landscaping, and the prior conclusion of a road maintenance agreement.

Members were invited to consider the Area Planning Manager’s recommendation that planning permission be GRANTED subject to the following conditions:

1. That the house shall be set parallel to the rear boundary and no
    development shall commence until an amended plan illustrating the precise
    position of the house has been submitted to and approved in writing by
    the Planning Authority.
2. That no development shall commence until a scheme of planting and
    landscaping for the western and southern boundaries of the croft have
    been submitted to and approved in writing by the Planning Authority; this
    planting 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.
3. That no development shall commence until details of the proposed
    drainage arrangements have been submitted to and approved by the
    Planning Authority.
4. That notwithstanding the provisions of the Town and Country Planning
    (General Permitted Development) (Scotland) Order no development
    (residential/crofting/agriculture) shall be undertaken within the area edged
    red and blue on the attached docquetted plan without the prior
    permission of the Planning Authority, which permission will not be unduly
    withheld.
5. That no development shall commence until a Road Maintenance
    Agreement for the length of road edged red on the attached docquetted
    plan has been submitted to and approved in writing by the Planning
    Authority; this Agreement shall cover the following matters:-

The standard to which the road shall be maintained.
The measures to be set in place for its ongoing maintenance including an inspection regime.
Details of anticipated agricultural/crofting vehicular activity.
Details of provision of additional passing places (if any) to be provided.

Reasons for conditions:-

1. To ensure a satisfactory appearance of the development and to achieve
    harmony with the township as a whole.
2. The site is open and requires backdrop containment to assist the
    development’s assimilation into the township.
3. No confirmation that satisfactory and hygienic percolation of septic tank
    effluent has been submitted to or approved by the Planning Authority.
4. To protect residential proprietors’ enjoyment of their amenity.
5. In the interests of road safety and to ensure no conflict between
    residential and agricultural use of the roadway.

The local Member requested that an additional tied-occupancy condition be included and the Area Planning Manager noted that this would be contrary to Highland Council policy.

Following discussion, Mr Drew McFarlane Slack moved to adopt the Area Planning Manager’s recommendation. This motion failed to find a seconder and fell.

The Planning Committee then agreed that planning permission be GRANTED in accordance with the Area Planning Manager’s recommendation, with emphasis on conditions 1 and 5, and with the addition of a further condition on tied-occupancy, the exact wording of which to be drafted by the Area Planning Manager.

4.5 04/00114/FULLO – Erection of 2 Houses (Amended Layout and
Design) at Camusnagaul, Treslaig, Ardgour for Broadland
Properties Ltd

There was circulated report (no. PL/5) dated 9 June 2004 by the Area Planning and Building Control Manager on the proposed demolition of the former cottage and its replacement with a pair of semi-detached houses set ten metres further back gives rise to no land use or policy concerns and was to be welcomed. Although the loss of the existing building is regrettable the proposal cannot be re-built in the same location given road safety and flooding concerns. The design, scale and finish of the new replacement houses were traditional in nature and to a high standard and were acceptable.

Members agreed to defer this application until after a site inspection on 19 July.

4.6 04/00122/FULLO – Development of Oyster Farms at North and
South Foreshores of Loch Nan Ceall, Arisaig for Arisea

There was circulated report (no. PL/6) dated 7 June 2004 by the Area Planning and Building Control Manager on the above application. Recent experience had shown that West Coast Sea Lochs with their good water qualities were particularly suited to oyster cultivation because of their long tidal ranges. This proposal involved two 800m long oyster farms on the north and south shore of Loch Nan Ceall about 1.5 miles west of Arisaig Village. Concerns had been expressed about visual impact both on the landscape and on the tourist industry but it was important to this rural economy. The application was recommended for approval subject to conditions requiring careful siting of the trestles and other measures to minimise their impact on the landscape.

Following discussion, Members agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED subject to the undernoted conditions, and the following additional conditions:

Arisaig bay farm is to be marked by unlit buoys
Conditions to be drafted by the Area Planning Manager to ensure that no litter from the trestles can drift ashore
The farm will comprise of no more than 100 trestles in total

1. That this permission is for a limited period of ten years or until cessation of
    the oyster farming operations whichever period is the lesser; should the
    oyster farming operations cease to be used, the land and foreshore shall be
    restored to its original condition within 6 months of the cessation to the
    satisfaction of the Planning Authority.
2. That the oyster trestle table shall be of a matt non-reflective material and
    shall be set within the intertidal area with appropriate marker buoys on the
    seaward side of the development; the precise positioning of the oyster
    trestles tables shall be agreed on site with the Planning Authority prior to
    their installation.
3. That the operation and management of the oyster farms shall be
    undertaken remotely and to this effect no part of the land or foreshore
    shall be used as a shellfish farming shorebase, storage area for gear and
    equipment associated with the development, or for any buildings or
    structures.
4. That no development or associated activity approved in respect of this
    permission shall cause impediment or obstruction to the public right of way
    between Geortonahulish and Keppoch Farm.
5. That within six months of the oyster farms being established, details of
    appropriate interpretative signage shall be agreed in writing and installed at
    appropriate locations all to the satisfaction of Planning Authority.
6. That the oyster farms shall be stocked only with imports that are disease
    free and are not carrying parasites that could pass on within the shells; all
    oysters that are imported into the proposed oyster farms shall be certified
    disease free.

Reasons for conditions:

1-4 In the interests of amenity of having regard to this exceptional coastal
      landscape and the amenity of the area so as not to prejudice the public
      right of way.
5. To accord with the provisions of the approved Structure Plan
6. In the interests of hygiene, public health, amenity and nature
    conservation.

And subject to any further conditions as advised by consultees.

4.7 04/00128/FULLO – Erection of House at Land North of
Hazelcroft, Lower Inverroy, Roy Bridge, for Mr and Mrs B Strachan

There was circulated report (no. PL/7) dated 2 June 2004 by the Area Planning and Building Control Manager on the above. The proposal entailed the erection of a three bedroom single storey house within a restricted plot of ground between two existing houses. The proposal constituted cramped, over-development of the site, which would be at variance to the relatively dispersed low density settlement pattern of this area. Two previous applications for houses within the site had been refused. The proposal was in conflict with the local plan and was recommended for refusal.

Members agreed to adopt the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons:

1. The proposed development is contrary to policy 8.2.12b of the Lochaber
    Local Plan, which seeks to maintain the established low-density settlement
    pattern of this township within Lower Inverroy.
2. The development will result in a house with a lesser standard of privacy and
    amenity than would be expected within a rural location to the detriment of
    the existing and proposed residents.
3. The development if permitted would set a precedent for future similar
    cramped over-development of site within Lower Inverroy without
    justification and it would be difficult for the Planning Authority to resist
    similar developments elsewhere ultimately resulting in a loss of residential
    amenity within the area and the erosion of the established settlement
    pattern.

4.8 04/00148/REMLO – Erection of 2 Houses and Double Garages at
Plots 8 and 9 School Road, Drimnatorran, Strontian for Mr D
Ashburner

This application was withdrawn.

The Area Planning Committee agreed that the 40-house development should be examined by the Local Plan Team with a view to preparing a Masterplan for the whole site, with the following to be taken into consideration:

The general layout of the site, and provision for ‘green’ frontage, in light of the fact that Ardnamurchan High School was now positioned closer to the 40-house site than was originally planned.
The lay-out plan for the development should achieve a physically integrated mix of house type, rather than concentrations of Affordable Housing.
Provision should be made for amenity areas and footpath linkages to
surrounding walks.
The developer should contact the Local Plan Team direct.

4.9 04/00153/OUTLO – Erection of House (Outline) at Rear of Torran
Cottage, Campbell Road, Tomonie, Banavie for Mr and Mrs J Currie

There was circulated report (no. PL/9) dated 9 June 2004 by the Area Planning Manager on a proposed house for the crofter’s daughter and her family within inbye croftland at eastern Tomonie. The proposal was contrary to both Local Plan and Structure Plan policies which indicated protection of locally important inbye croftland, restraint on sporadic and piecemeal development, and further restriction on development at Tomonie due to restraints imposed by crofting and service deficiencies.

Members considered the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons:

1. The proposed development is contrary to the policy of the Highland Council
    which indicates (Policy A1 of the approved Structure Plan) that
    development on locally important agricultural land will not be permitted
    except where the development is essential to the interests of the local
    community and no reasonable alternative location is feasible.
2. The proposed development is contrary to the provisions of the adopted
    Local Plan which indicates (para 4.5.3)(e) that current developments at
    Tomonie represent the building limits, further development potential being
    restrained by crofting and service deficiencies.
3. The proposed development would generate additional vehicular traffic with
    consequent prejudice to road safety.
4. The proposed development is contrary to policy 4.5.3 (g) of the adopted
    Local Plan which indicates that there will be a restraint on piecemeal
    development on the urban fringe so as to ensure no prejudice to long
    term development in respect of achieving good layout and infrastructure
    provision relative to longer term uses.

Members discussed the following:

The house being out of sync with the 7-house development
The possibility of reducing the 9m corridor between the proposed house and Torran Cottage, the applicant’s present house, to 3m, thereby preventing any future development in the fields beyond the site.
The proposed house being contrary to the Local Plan W
While sympathy was expressed with the application on kinship grounds, other similar applications had been refused in the past
Whether the entire Tomonie development, which was intended to hold 32 houses, could accommodate this proposal, given that another site within the development had been reduced from 3 to 2 houses.

Mr Andrew McFarlane Slack, seconded by Mr Bill Clark, then MOVED to adopt the Area Planning Manager’s recommendation that the application be refused for the reasons stated.

Mr Neil Clark, seconded by Mr Brian Murphy, moved as an AMENDMENT that the application be approved, for reasons of kinship, subject to a reduction of the corridor between the proposed house and Torran Cottage from 9m to 3m.

Votes were Cast:

For the Motion:

Mr Bill Clark
Mr Thomas MacLennan
Dr Michael Foxley
Mr Andrew McFarlane Slack

For the Amendment:

Mr Charles King
Mr Brian Murphy
Mr Neil Clark

The Motion was carried 4 votes to 3.

It was noted that the Local Plan Review would take place in Autumn of 2004 and some of the planning and development issues raised by this application could be addressed during this process.

4.10 04/00175/OUTLO – Erection of an Outdoor Centre /
        Accommodation Facility (Outline) at Land Adjacent to Existing
        Marine/Fish Farm, East Side of Loch Lochy, Mucomir, Gairlochy
        for Mr G Anderson

There was circulated report (no. PL/18) by the Area Planning and Building Control Manager on a proposed outdoor centre/accommodation facility on east shore of Loch Lochy near to Mucomir and Gairlochy. Concerns expressed relate to water supply, noise – generating motorised water sports and possible range of uses of the accommodation element of the building. It was recommended that the application be approved subject to the appropriate conditions.

Following discussion, Members agreed to adopt the Area Planning Manager’s recommendation that planning permission be GRANTED, subject to conditions to cover design, siting and materials, prohibition of motorised water sports, water supply and drainage, disabled access, restriction on size and usage, vehicular access and parking, landscaping and other details as requested by consultees.

The Area Roads and Community Works Manager left the room for the duration of the following item (4.11)

4.11 04/00178/NIDLO – Change of Use From Forestry Land to
Phased Extension to Burial Ground at Glen Nevis Cemetery, Glen
Nevis, Fort William for The Highland Council

There was circulated report (no. PL/10) dated 9 June 2004 by the Area Planning and Building Control Manager on the proposed phased extension to the existing burial ground at Glen Nevis Cemetery which was intended to meet the long term needs within the Fort William area. There were no land use or privacy amenity concerns associated with the development which could not be addressed by conditions. The proposal represented a substantial infrastructure investment and was to be welcomed.

The Lochaber Area Manager informed the meeting:

That the Nevis Partnership had no objections to the application
That no part was taken in the discussion or decision-making by those

Members of the Lochaber Area Planning Committee who were present at the meeting of the Nevis Partnership when the application was discussed.

Members expressed their approval for this application and agreed to adopt the Area Planning Manager’s recommendation that planning permission be GRANTED subject to the undernoted conditions, and emphasizing that the problem of surface water be addressed:

1. Prior to the commencement of works within Phase 1 the proposed access
    road, car parking layout within the existing Glen Nevis Cemetery as detailed
    in the approved plans titled “101” shall be fully constructed to the
    satisfaction of the Planning Authority unless otherwise agreed in writing.
2. The landscaping plan as detailed in “Appendix 1 as received on 13 April
    2004” shall be fully implemented to the satisfaction of the Planning
    Authority in consultation with SNH prior to Phase 1 coming into first use.
    Any losses of plant species included in the landscaping scheme through
    disease, weather exposure, neglect or damage, shall be replaced with
    equivalent species within one growing season.
3. The existing stone wall between Glen Nevis cemetery and the three
    phased development hereby approved shall be retained in perpetuity,
    except where to be removed to allow for a carriageway and parking as
    detailed in drawing “101”.
4. Prior to the commencement of any works hereby approved a full risk
    assessment of the potential impact of the development on ground and
    surface water shall be submitted to and approved in writing by the
    Planning Authority in consultation with the SEPA. Should any mitigation
    measures be required following the undertaking the risk assessment then
    the timescale for these works shall be specified and agreed in writing to
    the satisfaction of the Planning Authority in consultation with SEPA and
    implemented thereafter to the agreed timescale. The scheme as may be
    approved shall be fully undertaken in compliance with SEPA Policy 19
    Protection of Ground Water prior to any of the phased area coming into
    first use.
5. No development shall commence within either of the future phases as
    detailed in drawing “101” until such time as details of the layout, car
    parking, drainage and landscaping have been submitted in accordance with
    terms of conditions 1-4 as detailed above and approved in writing by the
    Planning Authority in consultation with SNH and SEPA.

Reasons:-

1-3 In the interest of visual amenity and to integrate the proposal into the
surrounding National Scenic Area.
4. In the interests of public health and amenity.
5. In the absence of such details.

4.12 04/00182/FULLO – Alterations and Extension to House
(Including Provision of Separate Residential Flat) at Brow
Cottage, Acharacle for Mrs S Paterson

There was circulated report (no. PL/11) dated 8 June 2004 by the Area Planning and Building Control Manager on an application for alterations and extension to a house to provide a residential flat within the roof space and incorporating a substantial dormer window out of keeping with the original building design.

Members expressed their opinion that, while sympathetic to an extension being added to the house, it would have to be of an acceptable design and form. Further to this, Members agreed to adopt the Area Planning Manager’s recommendation that planning permission be REFUSED for the undernoted reasons:

1. That the proposed dormer design is considered inappropriate to the site as
    it fails to relate satisfactorily to the existing dwellinghouse and is therefore
    contrary to policies 3.2.2 and 3.2.15 of the Lochaber Local Plan adopted
    February 1999.
2. That the proposed dormer design is considered inappropriate to the site as
    it fails to relate satisfactorily to the existing dwellinghouse and is therefore
    contrary to policy RS1 of the Highland Council Structure Plan General
    Development Control Policies Appendix 1.

4.13 04/00193/FULLO – Erection of House at Land South of
Westerdale, Coteachan Hill, Mallaig for Mr and Mrs W Maclean

This application was withdrawn and the Planning Committee was informed that a meeting was to take place with the developer on 22 June 2004 to rectify inaccuracies in the application.

4.14 04/00211/FULLO – Redevelopment of Power House Complex to
        Utilise Biomass Technology, Erection of Wood Handling Storage
        and Wood Chipping Facility at Fort William Mill, Annat Point,
        Corpach, Fort William for Arjo Wiggins Ltd

There was circulated report (no. PL/19) by the Area Planning and Building Control Manager on a proposal to convert the existing oil fired boiler and turbine to a bio-mass (timber and forestry by products) fired facility together with substantial sized buildings for log storage, chipping and wood chip storage on the site of the former pulping section of the paper mill. The principal issues that had arisen related to visual impact and design, traffic generation, air quality emissions, and noise. The air quality issue had not yet been resolved and SEPA awaited further information. As this issue was considered central to the determination of the application as it stood, it was recommended that the Committee recorded that they were “minded to grant” the application subject to a satisfactory response from SEPA. If such a response was not forthcoming the application would be referred back to Committee for further consideration.

Members were invited to consider the Area Planning Manager’s recommendation that the Committee record that they are “minded to grant” the application subject to resolution of the air quality emissions issue.

Members discussed the following issues:

Lack of information on air quality emissions, and the expectation that the new powerhouse would lead to a significant reduction in emissions
Traffic management, particularly to reduce congestion on the trunk road at the entrance to the Fort William Mill, and the need for speed cameras in Corpach as a means of preventing lorries speeding through the village
The need for long term job security at the Fort William Mill, especially given the profit likely to be made from the sale of excess electricity produced by the power house
The need to improve noise reduction measures and the impact of the noise that will be generated by the large number of delivery lorries needed to transport fuel to the Mill
The need to investigate rail as an alternative means of transporting fuel to the Mill

Given the above concerns, Members agreed to defer consideration of this application until the above points could be clarified. However members were broadly supportive of the project in principle and agreed that the Area Planning Manager draft a letter to this effect to Arjo Wiggins.

4.15 04/00234/FULLO – Six Months Extension of Temporary
Lifespan of Landfill Site (Within Agreed Volume Limits) at
Duisky Landfill Site, Duisky, for Lochiel Logistics Limited

There was circulated report (no. PL/13) dated 8 June 2004 by the Area Planning and Building Control Manager on a proposal to extend the lifespan of the landfill tipping site at Duisky for a further six months until 31 October 2005. Given recent improvements in sorting and recycling of waste the original approved volume of landfill would not be exceeded. Subject to adjustment of the Reinstatement Bond to guarantee restoration of the tip, and the re-imposition of controls attached to the previous permission, the application was recommended for approval.

Following discussion, Members agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:

1. That this permission shall ensure for a temporary period expiring on 31
    October 2005, by the expiry of which time or when infill capacity is
    reached, wherever period is the lesser, all tipping shall have ceased and the
    site shall be fully reinstated in accordance with the approved plans and the
    terms of the conditions set out therein, all to the written satisfaction of
    the Planning Authority.
2. That all conditions attached to the grant of planning permission ref
    01/00062/FULLO shall apply to this permission.

Reasons for Conditions:-

1. To ensure that the environmental capacity of the landfill tip is not
    exceeded and that the ultimate land profile marries satisfactorily with the
    adjacent landform, all in the interests of amenity.
2. As set out in planning permission ref 01/00062/FULLO (copy attached for
    ease of reference).

4.16 04/00548/FULLO, 04/00243/FULLO and 04/00251/FULLO
        Construction of Shared Vehicular Access and Erection of Two
        Houses at Plots 1 and 2, Callart, North Ballachulish for Mr H
        Macdonald, Mr B Mitchell, and Ms H Negus

There was circulated report (no. PL/14) dated 10 June 2004 by the Area Planning and Building Control Manager on detailed applications for two houses and their access arrangements within a well contained site adjacent to an existing cluster of housing on the north shore of the Loch Leven Valley. Concerns had been expressed by a neighbour in terms of access arrangements. The applications were recommended for approval subject to conditions to ensure an overall harmonious development and satisfactory vehicular access.

Following discussion, Members agreed to adopt the Area Planning Manager’s recommendation that all three applications be GRANTED subject to the following conditions:

1. That the vehicular access shall be formed in accordance with the
    requirements set out in the attached schedule; for the avoidance of
    doubt, no development shall commence on plots 1 or 2 until the approved
    vehicular access has been implemented, and the existing access to Allt
    Mhor Cottage has been stopped-up, to the satisfaction of the Planning
    Authority.
2. That no development shall commence until details of effective screen
    planting parallel to the edge of the B863 road have been submitted to and
    approved in writing by the Planning Authority in consultation with the Area
    Roads Manager; for the avoidance of doubt, the houses shall not be
    occupied until the screen planting has been undertaken 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, for the avoidance of doubt, the front elevation of the house shall be
    set on the building line shown on the attached docquetted plan; the
    finished floor levels of the houses on plots 1 and 2 shall be identical.
4. That the roof of the house shall be finished in natural dark blue grey slate.
5. That the conditions attached to grant of outline planning permission ref
    03/00268/OUTLO shall apply to this permission.

Reasons for Conditions:-

1-4 In the interests of amenity and road safety and to ensure a satisfactory
development having regard to the setting within this designated National
Scenic Area.
5. As set out in outline planning permission 03/00268/OUTLO.

5. Enforcement and Monitoring Items

5.1 LO/G11B - Unauthorised Use of Land as Residential Caravan Site,
for 3 No. Caravans, Cluaran, Annat, Corpach, Fort William – Mr
Roger Boswell

The Chairman reported that a planning application to seek retrospective permission had been received and Members agreed that it would be appropriate to defer a decision on enforcement action until this planning application had been determined.

6. Island of Rum – A Plan for Kinloch

Members were asked to note that Scottish Natural Heritage, owners of the Island of Rum, in association with the Rum Community Association had commissioned Simpson and Brown, Architects, to prepare a land sue plan for Kinloch Village on Rum. It was hoped that this could form a framework for future decision making on planning applications on the island.

Members agreed that the Committee should visit the island on 2 August 2004 to receive a presentation from the Association and Messrs Simpson and Brown.

7. LO/10/CEC/9: Crown Estate Consultation on Proposed Mussel
Shellfish Farm Modification, Loch Beag, Loch Nan Uamh

There was circulated report (no. PL/16) dated 31 May 2004 by the Director of Planning and Development which advised Members that the Crown Estate had consulted the Highland Council on an application for a modification to a shellfish farm lease in Loch Beag, Loch Nan Uamh. The application had not raised any objections or concerns from any of the consultees or members of the public.

Following a presentation from the Graduate Planner, Mr David Gray, Members agreed to adopt the Director’s recommendation that the Council submit a favourable view to the Crown Estate, recommending that the application be approved on condition that two longlines are positioned as close to the shore as possible, are kept parallel to the coast, and surface floats are muted grey in colour.

Members requested that the exact location of the shellfish farm be checked.