Committees
Minutes of Meeting of the Lochaber Area Planning and Building Control Committee held on Monday, 9 August 2004 at 10.00am within the Council Chambers, Lochaber House, Fort William.
Present:
Mr Andrew R McFarlane Slack (Chairman)
Mrs Olwyn Macdonald
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 David Gray, Graduate Planner, Planning and Development Service
Ms Fiona Cameron, Administrator, Corporate Services
Declarations of Interest
Dr Michael Foxley, as Chairman of the Board of Directors of Lochaber College, declared a non-financial interest in item 6.15.
Mr Thomas MacLennan, as a Director of Lochaber College, declared a non-financial interest in item 6.15.
Dr Michael Foxley, as a Director of the Knoydart Foundation, declared a non-financial interest in item 6.17.
Mr Charles King, as Chairman of the Knoydart Foundation, declared a non-financial interest in item 6.17.
Mr Bill Clark declared a financial interest in item 7.1.
1. Apologies
2. Revenue Expenditure Monitoring Report
There was circulated and approved report (no. PL/21) dated 28 July 2004 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 30 June 2004.
3. Matters Arising
3.1 04/00089/Fullo – Erection of House at Plot 2, Garramore, Morar
for J and V Blower
There was circulated report (no. PL/35) dated 4 August 2004 by the Area Planning Manager, together with re-circulated report dated 13 April 2004. The report sought to update Members on the progress of negotiations in respect of improvements to the forward visibility on the main road at the Garramore road-end. It was recommended that the Committee conclude that they are “minded to grant” planning permission for the above development subject to resolution of this roads concern, and powers be delegated to the Area Planning Manager to conclude the matter.
Members agreed that they were “minded to grant” planning permission, subject to resolution of the forward visibility concerns on the former trunk road, and subject to receiving, in writing, agreement from the applicant to upgrade the road to adopted standard, and that powers be delegated to determine the application to the Area Planning Manager to be exercised in consultation with the Chairman, Area Convenor and Local Member.
3.2 03/00446/Out – Erection of House and Garage at Rhiw Goch,
Banavie for Mr and Mrs R Gretton
There was circulated report (no. PL/36) dated 4 August 2004 by the Area Planning Manager, together with re-circulated report dated 4 December 2003. The report sought to update Members on the progress of the above application. Members were advised that it had not been possible to agree on (1) a shared access and (2) achievement of the visibility splays sought by the Area Roads Manager. It was recommended that the Committee re-affirm their requirement for a shared access and agree on a realistic visibility splay.
The Area Planning Manager informed the Committee that, since the compiling of the report, the applicant had agreed to a shared access for the site.
Further to this, Members agreed that subject to the applicants confirming in writing that they will achieve the visibility splays acceptable to the Area Roads Manager, outline planning permission will be granted subject to the following conditions:
1. That this permission is granted in OUTLINE and before any development is
commenced, the approval of the Planning Authority shall be obtained
relative to the Reserved Matters as specified below:-
i) The layout of the site including the siting of the buildings, the means of
access thereto, and the provision of utility services.
ii) Plans, sections, elevations and details of the proposed buildings including
the materials to be used, the colour thereof, and full details of any
boundary walls and fences.
iii)The access, parking and turning facilities for vehicles.
2.that the house shall be of single or 1.5 storey form and shall be set with its
principal roof ridge and roadside elevation parallel to Rhiw Goch and on the
same building line or up to 1m forward (westwards) thereof; its north east
gable shall be positioned at least 10m from the conservatory of Glenshian;
the roadside elevation shall be at least 10m in length and the span, by
external measurement, must not exceed 8m; any rearward (eastwards)
extension/projection feature must not exceed 1.5m distant from the face
of the building and must be visually subservient to the main building.
3.That no habitable room windows shall be incorporated into the north east
gable.
4.That notwithstanding the provisions of the Town and Country Planning
(General Permitted Development)(Scotland) Order 1992 as amended, or
any Order revoking and re-enacting that Order, with or without
modification, no extensions shall be undertaken to the building and no
detached building shall be erected within the curtilage of the house
without the approval of the Planning Authority.
5.That the vehicular access to the plots shall comprise a shared access with
Rhiw Goch; the existing vehicular access from Rhiw Goch shall be
permanently stopped up; the access shall be formed in accordance with the
requirements set out on the attached schedule and development shall not
commce until this access has been constructed; for the avoidance of doubt
the dwellinghouse hereby approved shall not be occupied until the access
requirements have been fully implemented to the satisfaction of the
Planning Authority.
6.that no development shall commence until a detailed plan of comprehensive
access, parking and turning arrangements has been submitted to and
approved in writing by the Planning Authority; this plan shall take account of
the following requirements:-
a) Two parking bays for each of the dwellinghouses (Rhiw Goch and the
house hereby approved).
b) One parking bay per letting bedroom in Rhiw Goch.
c) An agreed level of parking provision/arrangement associated with the
bicycle/canoe hire operating from Rhiw Goch.
d) Adequate turning facilities within the grounds of Rhiw Goch and the plot
hereby approved to enable vehicles to enter and leave the public road in
forward gear.
And, for the avoidance of doubt, the house hereby approved shall not be occupied until these parking/servicing requirements have been implemented to the satisfaction of the Planning Authority.
7.That no development shall commence until details of the relocation of the
shed currently in use for bicycle/canoe store have been submitted to and
approved in writing by the Planning Authority.
8.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; for the avoidance of doubt this drainage system
must be fully implemented to the satisfaction of the Planning Authority prior
to the occupation of the house hereby approved.
Reasons:
1. Consent is given in OUTLINE in accordance with Section 58 & 59 of the
Town and Country Planning (Scotland) Act 1997.
2-8. In the interests of amenity, to achieve a development compatible with
the character of the surrounding locality, in the interests of road safety,
and to ensure that the site is properly drained.
3.3 04/00026/Outlo: Erection of an Owner’s House at Glencripesdale Estate, Morvern
Members were reminded that following a formal hearing held on 26 April 2004 the Committee agreed to grant outline planning permission for the above development subject to various conditions but subject also to the prior conclusion of a Section 75 Agreement to preclude subdivision of the 5000 acre estate, tie occupancy of the house to the owner and restrict the period of holiday letting of the house to 10 weeks.
The Committee noted the following:
1. Since that date, Council staff had been negotiating with the applicant and
his advisers to conclude the terms of the agreement. However
agreement had not been achieved and consequently the formal decision
had not yet been issued.
2. Mr Adam Besterman, Glencripesdale House had raised proceedings for
judicial review of the Committee decision in the Court of Session. The
action sought to quash the Committee decision on a number of grounds,
and interim orders to interdict the Council from issuing any consent prior to
the hearing fixed for December 2004.
3. As no agreement had been reached with the applicant in relation to the
terms of the S75 agreement, and in order to avoid having expenses
awarded against the Council in relation to the interim orders, on the advice
of the Head of Legal Services an undertaking had been given not to issue
consent nor conclude the S75 agreement until the judicial review
proceedings had been resolved.
4. The parties involved were now being approached to ascertain if there was
any scope for an agreed settlement.
4. Appeals
4.1 03/512/Outlo – Erection of House (Outline) at West Of Doraig
Cottage, Onich for Mr R Moreland
Members were reminded that this application was refused in accordance with the Officer’s recommendation at the January Committee. The applicant subsequently appealed the decision. The Reporter however dismissed the appeal and endorsed the Planning Authority’s decision, advising the development failed to respect the surrounding settlement pattern and would, if permitted, lead to the sub-division of gardens elsewhere within the area harmful to its character.
Members noted the position.
5. 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.
6. Applications
6.1 04/169 – Erection of House at Achindarroch, Duror for Mr J
Jennett
There was circulated report no. (PL/22) dated 27 July 2004 by the Area Planning Manager which related to the proposed erection of a house of attractive design and traditional materials on the eastern edge of a grouping of buildings at Achindarroch, about a quarter mile east of Duror Village. The proposal complied with the terms of the recently approved Achindarroch Development Brief and, subject to conditions in terms of access, water supply, safeguarding archaeology etc it was recommended for approval.
Members agreed the Area Planning Manager’s recommendation that planning permission be GRANTED subject to the following conditions:
1. That the features of interest identified in the “Report on the
Archaeological Evaluation of the Environs of Achindarroch House, Duror” by
James Kenworthy shall not be disturbed.
2. That the planning permission hereby granted, in as much as it is
incompatible with, shall supersede planning permission ref 03/360/FULLO
which has been issued in respect of part of the site insofar as the
development has not been pursued in accordance with such planning
permission.
3. That the vehicular access onto the prospectively adoptive road shall be
formed in accordance with the requirements set out in the attached
schedule; for the avoidance of doubt the development shall not be
occupied until this requirement has been implemented to the satisfaction
of the Planning Authority.
4. That the access road serving the development shall be constructed to the
adoptive standards of the Highland Council and the advice of the Area
Roads and Community Works Manager shall be sought in this regard; for
the avoidance of doubt the development shall not be occupied until the
road has been constructed to the written satisfaction of the Planning
Authority.
5. That with the exception of those trees requiring to be cleared to
accommodate the development and its infrastructure, no trees shall be
lopped, topped, felled or otherwise damaged without the prior written
approval of the Planning Authority; in particular the mature trees to the
west shall not be removed.
6. That no development shall commence until a landscaping scheme for the
site has been submitted and approved in writing by the Planning Authority;
this landscaping and planting plan shall be undertaken at the first planting
season following initial occupation of the development; any plant failures
within the first years shall be replaced to the satisfaction of the Planning
Authority.
7. That no development shall commence until amended details of the
windows have been submitted to and approved in writing by the Planning
Authority; such detail shall include a stronger vertical emphasis.
8. That no development shall commence until details of additional water
storage within the building have been submitted to and put in writing by
the Planning Authority.
9. That the proposed development shall be connected to the public
wastewater sewer and, for the avoidance of doubt, shall not be drained by
a sceptic tank and soakaway unless otherwise agreed in writing with the
Planning Authority.
Reasons for conditions:
1. In the interests of archaeological conservation.
2. Insofar as the two proposals are incompatible one with the other, and to
ensure effective control over the development.
3-4 In the interests of road safety.
5-6 In the interests of visual amenity.
7. To ensure a satisfactory appearance of the development in the interests of
amenity.
8. There are intermittent supply problems with the public water supply.
9. In the interest of amenity and to ensure that the development is properly
and hygienically drained.
6.2 04/00165/Fullo - Erection of 12 Houses with Integral Garages at
Plots 1-12 Riverside Grove, Riverside Park, Lochyside, Fort William
for R E Campbell (Joinery) Ltd
There was circulated Report No. (PL/23) dated 28 July 2004 by the Area Planning Manager which related to the proposed construction of a further 12 dwelling houses within an area of partly wooded and partly open land on the north-east periphery of the evolving Riverside Park development. The proposal included provision for a spur road to the east to accommodate a further development that was approved by the Area Planning Committee on 23 September 2002. Objections had been received from adjacent residents in respect of the delay in completing the landscape area/children’s play area, the status of the road which gave concern about the likely level of traffic activity, and the potential “mixing” of private housing development with “starter homes” further to the east at the rear of Lochan Cottage. The application complied with the residential zoning on the adopted Local Plan and the access details also complied with the Plan.
The application was recommended for approval subject to conditions to ensure a high quality development.
Members were invited to consider the Area Planning Manager’s recommendation that planning permission be GRANTED subject to the following conditions:
1. That the conditions attached to LO/1989/384 and LO/1991/539 shall apply
to this permission (copies available as required); for purposes of clarification,
maintenance of open space, landscaping and footways still require to be
agreed.
2. That within 12 months of the date of substantial completion of each house
at least 3 no. of native species of capable earlier growth to a height of 8m
shall be planted within each plot; any plant failures within the first five years
shall be replaced to the satisfaction of the Planning Authority.
3. That the materials to be used in the external surfaces of the walls and the
roofs of the house shall that of the adjacent Riverside Park development.
4. That prior to the commencement of this development, the access road
shall be designed to the adoptive standards of the Roads Authority and
thereafter constructed in accordance with the details which shall be
submitted to and approved in writing by the Planning Authority in
consultation with the Roads Authority (no building shall be constructed
until such time as road construction consent has been granted for the
access road.)
5. That no development shall commence until details of measures to ensure
no prejudice to the stability and integrity of the process water pipeline
running along the northern boundary of the site have been submitted to
and approved in writing by the Planning Authority.
6. That no development shall commence until a landscaping and planting plan
for the roadside environs of the site and the area of land between the
proposed spur road and plots 12 – 15 has been submitted to and approved
in writing by the Planning Authority; such planting work shall be
undertaken at the first planting season following substantial completion of
development and maintained thereafter to the satisfaction of the Planning
Authority; any plant failures within the first shall be replaced to the
satisfaction of the Planning Authority.
7. That no development shall commence until the road layout has been
adjusted to incorporate the following requirements:-
• Provision of road corridor envelopes adequate to achieve the requisite road
requirements on the west and south sides of the development site. (11.2m
west and 9.5m south)
• Details of traffic management provisions for the site and, ultimately, the
development site to the east.
• Provision of a service bus draw-in bay within the area adjacent to the access
at plot 1.
• Provision of a full standard turning head adjacent to plots 10 and 11.
• Arrangements for a bus turning facility.
• Provision of a shared access between plots 5 and 6.
• Details of proposed arrangements for dealing with the existing culvert
draining from the existing development on the west side of Riverside Park
road into the site of the application.
8. That no development shall commence until details of a sustainable surface
water drainage scheme for the site including the layout of the drainage
and the disposal of surface water have been submitted to and approved in
writing by the Planning Authority; for the avoidance of doubt this scheme
shall be implemented in full prior to the first house being occupied.
9. That, for the avoidance of doubt, the area of wooded land to the north of
plots 12 – 15 shall be retained as a public amenity area and shall be either
(1) maintained perpetuity by the develop or (2) transferred the Local
Authority along with adequate funding for its future maintenance.
Reasons for conditions:
1. As set out in planning permission 89/384 and 91/539.
2. In the interests of amenity and to ensure a satisfactory standard of
development.
3. To ensure a reasonable degree of harmony between the existing
development and this proposed development, in the interests of amenity.
4. In the interests of road safety
5. To protect the processed water pipeline
6. In the interest of amenity.
7. In the interest of road safety and to accord with the provisions of the
adopted Local Plan.
8. In the interests of amenity and to accord with the provisions of the
adopted Local Plan.
The Area Roads Manager informed the Committee that provision of a Bus Stop Facility within the Riverside development was desirable, and the Convener added that a turning point would also be useful.
The Committee agreed that the application be GRANTED, with powers delegated to the Area Planning Manager, the Area Convener, the Chairman and the local Member to compile appropriate conditions. The Committee agreed to adopt the Area Planning Manager’s new recommendation.
6.3 04/193/Fullo - Erection of House at Land South of Westerdale,
Coteachan Hill, Mallaig for Mr and Mrs Maclean
There was circulated Report No. (PL/24) dated 26 July 2004 by the Area Planning Manager which related to a detailed application for the erection of a house on open land adjacent to Coteachan Hill, accessed by upgrading an existing footway. Concerns expressed by neighbours about access, parking, footpath and road safety could be addressed by conditions. The application was recommended for approval subject to the imposition of appropriate conditions regarding the above mentioned concerns.
The Area Roads Manager confirmed that there would be a new pedestrian access to the side of the new access road.
Members then agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions and reasons:
1. The development hereby approved shall be fully constructed in accordance
with the approved plans titled "MNAS/12634/05, MNAS/12634/03C,
MNAS/12634/01B, MNAS/12634/02, MNAS/12634/04A" unless otherwise
agreed in writing by the Planning Authority.
2. Full details of the roof finish hereby approved shall be submitted to and
approved in writing by the Planning Authority prior to the commencement
of works.
3. Full details of the proposed boundary treatment shall be submitted to and
approved in writing by the Planning Authority.
4. No development shall commence until full details of a drop kerb, refuse bin
store, pedestrian linkages to the open land above Coteachan Hill, have
been submitted to and agreed in writing by the Planning Authority in
consultation with the Area Roads Manager. The scheme as may be
approved shall be fully completed to the satisfaction of the Planning
Authority in consultation with the Area Roads Manager prior to the
occupation of the dwellinghouse hereby approved.
5. The access as detailed in drawing number “MNAS/12634/04A” shall be fully
constructed to the satisfaction of the Planning Authority in consultation
with the Area Roads Manager prior to the first occupation of the house
hereby approved and maintained thereafter in perpetuity.
6. Prior to the commencement of works on the foundations of the
dwellinghouse hereby approved a traffic management plan shall be
submitted to and approved in writing by the Planning Authority in
consultation with the Area Roads Manager. Such details shall specify traffic
management measures and the phasing of developemnt during
construction for pedestrian and vehicle traffic to and around the site and
for residents of Westerdale and 2-8 Cotechan Hill.
Reasons:
1-3 In the interests of visual amenity and to integrate the proposal townscape
setting.
4-6 In the interests of road safety.
6.4 04/203/Outlo - Erection of House (Outline) at Plot A, 18 Upper
Scotstown, Strontian for Mr D O’Connor
There was circulated Report No. (PL/25) dated 28 July 2004 by the Area Planning Manager which related to a proposed outline application for the erection of a house within ground between the public road and the river. The siting of a house in this location was at variance to the established settlement pattern of this crofting township where development was primarily situated within small clustered elevated sites above the public road network. The granting of permission of a house in this location would establish a precedent for unjustified development at variance to the established settlement pattern and adversely affect the wider landscape setting to its detriment.
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 proposal is contrary to the provisions of Policy 5.4.10 of the Lochaber
Local Plan, which seeks to maintain the established settlement pattern and
character of the Upper Scotstown township which would be adversely
effected by this proposed development.
2. The development if permitted would establish a precedent for future similar
unjustified and unrelated development contrary to the prevailing
settlement pattern of the area without justification and it would be difficult
for the Planning Authority to resist similar developments elsewhere,
ultimately resulting in an erosion of the settlement pattern of the area and
to the detriment of the wider landscape.
6.5 04/204/Outlo - Erection of House (Outline) at Plot B, 18 Upper
Scotstown, Strontian for Mr D O’Connor
There was circulated Report No. (PL/26) dated 27 July 2004 by the Area Planning Manager on the above application. The erection of a house within a field to the rear of a cluster of houses, between the public road and High Road in Upper Scotstown gave rise to no land use or policy concerns and was to be welcomed subject to appropriate conditions. Although representations were received regarding a number of issues relating to drainage, notification, loss of croft land and servicing and infrastructure constraints, it was considered that the siting of a house in this locale was acceptable subject to appropriate conditions and would not be in conflict with the provisions of the Local Plan and the surrounding settlement pattern.
Members then agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED, subject to the proposed house, prior to its construction, being pegged out and agreed on site by the Planning Authority, to protect the amenity of neighbouring properties and of the nearby public footpath, and subject to the following conditions:
1) Any details pursuant to condition 1(a) above shall show a house to
incorporate the following details unless otherwise agreed in writing with
the Planning Authority:
a) The house shall be rectangular shaped and gable ended.
b) The span of the gables shall not exceed 7.8 metres.
c) The house shall be 1 or 1 ½ storey
d) The walls shall be finished in either natural stone or a wet dash render.
e) The roof shall be symmetrically pitched to at least 40 degrees and finished
in nature slate or a slate substitute tile
f) A parking and turning areas shall be provided on site for two vehicles.
2) Notwithstanding the provisions an article 1 and class 1 (extension,
enlargement, improvement alteration of the dwelling) of the Town and
Country Planning (General Permitted Development) (Scotland) Order 1992,
no development shall take place within the curtilage of the house without
prior written consent of the Planning Authority.
3) Any details pursuant to condition 1 above shall include full details of the
proposed boundary details for the curtilage area. The scheme as may be
approved shall be fully implemented to the satisfaction of the Planning
Authority prior to the first occupation of the house.
4) Any details pursuant to condition 1 above shall include a minimum of two
cross sections through the site from east to west and shall show the
existing land contours and the proposed finished levels of the ground, the
levels of the proposed house its underbuilding (no more than 300mm), the
associated garden area and car parking/ turning area, High Road and the
public road relative to a fixed datum point.
5) Any details pursuant to condition 1 above shall show the house set back a
minimum of 10m from the eastern boundary of the site
6) Any details pursuant to condition 1 above shall include full details of the
proposed foul drainage arrangements which shall be submitted to and
approved in writing by the Planning Authority in consultation with SEPA
and Building Control. The scheme as may be approved shall fully detail the
size, capacity and location and means of discharge proposed drainage
arrangements. The scheme as may be approved shall be fully implemented
to the satisfaction of the Planning Authority in consultation with SEPA and
Building Control prior to the commencement of works or development
hereby approved.
7) Any details pursuant to condition 1 above shall include show an access to
fully accord with the provisions of the attached schedule as detailed by the
Area Roads Manager dated 7 June 2004. The access may be approved
shall be fully constructed to the satisfaction of the Planning Authority in
consultation with the Area Roads Manager prior to the occupation of the
dwellinghouse hereby approved and maintained thereafter in perpetuity.
8) Any details pursuant to condition 1 above shall show provision for a
pedestrian access along the eastern and southern boundaries of the site
between Ness Cottage and High Road which shall be provided and
maintained throughout the construction of the dwellinghouse hereby
approved and maintained thereafter in perpetuity.
Reasons:-
1) In the interest of visual amenity and to reflect vernacular building traditions
of this area.
2) In the interests of visual amenity and having regard to the restricted
nature of the dwelling including its curtilage, to prevent over development
of the site from developments normally carried out without planning
permission, these normally being permitted under article 1 of the
Town and Country Planning (General Permitted Development) (Scotland)
Order 1992.
3-5) In the interests of visual amenity and to integrate the proposal into its
surrounding landscape setting.
6) In the interests of public health.
7) In the interests of road safety.
8) In the interests of local residential and pedestrian amenity.
6.6 04/00232/Fullo and 04/00233/Fullo – Temporary Siting of
Anemometer Masts (Including 2 Anemometers and 2 Wind Vanes)
at Caonich, Achnacarry and Druimfada, Corpach for North British
Wind Power Ltd
There was circulated Report No. (PL/27) dated 28 July 2004 by the Area Planning Manager on the above application. The proposal was to erect two 50m high anemometer masts to measure wind speeds and wind direction at two different locations at Loch Arkaig and Druimfada. The masts were to be erected for a period of two years. It was important to note that these applications were to be determined solely on their own merits in accordance with National, Structure and Local Plan Policies. NPPG1 Planning advised that planning applications must be considered upon their own merits for the development proposed and must not be considered on the basis of other proposals, which may follow. Although some representations had been received, the comments pertaining to these applications representing a precursor to a possible wind farm, were both premature and irrelevant and had no bearing on the determination of the current proposals. It was not considered that the applications were in conflict with Council Policy and had not raised any nature conservation or landscape concerns given that they were to be sited solely for a two-year period subject to appropriate conditions.
Members were invited to consider the Area Planning Manager’s recommendation that the applications be GRANTED subject to the following conditions:
1. That this permission is for a limited period expiring upon the 30th August
2006 or until completion of collection of data relevant to assessment of the
sites of a potential wind power generating facility, whichever period is the
lesser, by which time all plant, fencing equipment shall be removed and the
land restored to its original profile and condition to the satisfaction of the
Planning Authority.
2. Prior to the anemometer masts becoming operational it should be painted a
matt non reflective grey in accordance with details to be submitted to and
approved in writing by the Planning Authority.
3. Full details of the proposed deflectors/flags to be installed on the
anemometer masts should be submitted to and approved in writing by the
Planning Authority. These details as may be approved shall be installed on
the anemometer and the guy ropes.
4. No fencing or boundary details shall be erected without the prior written
consent of the Planning Authority; an interpretative panel, the details of
which will be agreed in writing with the Planning Authority, shall be fixed to
the base of the anemometer mast to inform hill walkers/visitors of the
purpose of the installation and of its temporary nature. This panel shall be
installed prior to the anemometer coming into first use.
Reasons for Conditions:-
1-3 The structure is unacceptable as along term feature and to enable the
Planning Authority to exercise effective control in the interest of amenity.
4. In the interest of amenity and landscape conservation.
During discussion, Members questioned why 2 masts were required when both the locations in question - Druim Fada and Loch Arkaig - already have similar masts for that purpose.
Dr Michael Foxley requested more information on the scoping work that had been done by Scottish Power and the Area Planning Manager agreed to investigate this.
Mr Andrew McFarlane Slack, seconded by Mr Charles King, then MOVED the Area Planning Manager’s recommendation.
Mr Bill Clark, seconded by Mrs Olwyn Macdonald, moved, as an AMENDMENT, to refuse the applications due to the intrusive nature of the masts, damage to the landscape, visual impact, and being contrary to Structure Plans T6 and Policy L4.
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
Mrs Olwyn Macdonald
Mr Neil Clark
Mr Brian Murphy
The Amendment was carried 6 votes to 2.
6.7 04/00235/Fullo – Erection of House at Rear of Glen Cannel, Union
Road, Fort William for Mr A Macmaster
There was circulated Report No. (PL/28) dated 27 July 2004 by the Area Planning Manager which related to a detailed application for the erection of a split-level 1.5 storey house. Concerns expressed by neighbours about a right of access to their property represents a legal matter between them and the affected parties and was not a legitimate planning concern in this instance. The application was recommended for approval subject to the imposition of appropriate conditions.
Members agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:
1. The development hereby approved will be fully constructed in accordance
with the approved plans titled “(00)01,(00)02,(00)03,(00)04 as received
on 18 May 2004 and (90) 01 as received 26th July 2004” unless otherwise
agreed in writing with the Planning Authority.
2. The roof of the dwellinghouse hereby approved shall be finished in natural
slate.
3. The position of the dwellinghouse hereby approved shall be fully pegged
out on site and agreed in writing by the Planning Authority prior to the
commencement of works.
4. Notwithstanding the provisions of Article 3 and the Class 1 (extension,
enlargement, improvement, alterations of dwelling) and Class 3 (building,
enclosure, incidental to the enjoyment of the dwelling and maintenance,
improvement, alteration thereof) of Schedule 1 of the Town and Country
Planning (General Permitted Development) (Scotland) Order 1992, no
development shall take place within the curtilage of the house without the
prior written consent of the Planning Authority.
5. Full details of the proposed boundary treatment shall be submitted to and
approve din writing prior to the commencement of works of the
dwellinghouse hereby approved. The scheme as may be approved shall be
fully implemented to the satisfaction of the Planning Authority prior to the
occupation of the house hereby approved.
6. Full details of a sustainable water drainage scheme shall be submitted to
and approved in writing by the Planning Authority in consultation with
SEPA and the Area Roads and Community Works Manger. The scheme as
may be approved shall be fully implemented prior to the first occupation of
the dwellinghouse hereby approved. A proposed access onto Union Road
shall have visibility splay of 75m formed from 1.5m back from the edge of
the road with no obstruction permitted above a height of 1.05m. full
details of the construction and geometry of the access shall be submitted
and approved in writing by the Planning Authority prior to commencement
of works. The scheme has may be approved shall be fully constructed prior
to the commencement of works on the construction of the house hereby
approved and maintained in perpetuity thereafter.
7. The proposed car parking and turning area shall be fully constructed in
accordance with the provisions of the approved plan “(90) 01 as received
26th July 2004” prior tot he first occupation of the dwellinghouse hereby
approved unless otherwise agreed in writing with the Planning Authority in
consultation with the Area Roads Manager.
8. The proposed vehicular access onto Union Road with visibility splays of 75
metres formed from a point 4.5 metres back from the edge of the road
with no obstruction permitted above a height of 1.05 metres. Full details
of the construction and geometry of the access and pedestrian access to
Glencannel, shall be submitted to and approved in writing by the Planning
Authority prior to the commencement of works. The scheme as may be
approved shall be fully constructed prior to the commencement of works
on the construction of the house hereby approved and maintained in
perpetuity thereafter.
REASONS
1-4 In the interests of amenity and to reflect the vernacular building traditions
of the area.
5 In the interests of visual amenity and having regard to the restricted nature
of the dwelling including its curtilage to prevent overdevelopment of the
site from development normally carried out without planning permission,
these normally being permitted under Article 3 of Town and Country
Planning (General Permitted Development (Scotland) Order 1992.
6-8 In the interests of road safety.
6.8 04/00236/Fullo and 04/00237/Lbclo – Listed Building Consent
for Alterations to Church at Church of Scotland, Arisaig for
Church of Scotland and The Small Isles
There was circulated Report No. (PL/29) dated 28 July 2004 by the Area Planning Manager which related to a proposal to re-roof an 1810 category B listed church (designed by James Gillespie Graham) in Arisaig with Spanish slate. While the applicants’ commitment to maintaining this important church was commended, it was recommended that the Committee insist on use of west highland slate and assist the applicants with sourcing materials and funding.
Members were invited to consider the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons:
1. Use of Spanish slate with its difference in profile, edging, colour, material
and texture on the roof of this building would prejudice the appearance,
character and integrity of this important category B listed building to its
detriment.
2. Use of Spanish slate in the re-roofing of this category B listed building
would be contrary to the policy of the Highland Council which indicates,
para 3.6.17 that the Council will presume against development which
would adversely affect the character of listed buildings.
AND while agreeing to refuse listed building consent the Committee should:-
A) Advise the Church of Scotland that they will make strong representations
to Historic Scotland to bridge or part-bridge the funding gap.
B) Arrange for our Conservation Architect to assist the church by identifying
sources of second-hand Scottish slate.
N.B. If the Committee are minded to grant listed building consent for this proposal it will require to be formally referred to Historic Scotland. If Historic Scotland disagree with the Committee’s decision the application must be passed to the Scottish Ministers for their consideration as to whether to allow the Planning Committee to determine the application or call it in for their decision.
The Area Planning Manager informed the Committee that since the compilation of report, the Church had suggested re-roofing the church using Welsh slate and the Area Planning Manager showed a sample of the Welsh slate to the meeting.
The local Member then made the following points:
• The church roof was leaking at both ends, and the congregation was short
of funds for carrying out repairs and had put a great deal of effort into
sourcing appropriate slate at a reasonable price.
• West Highland slate is expensive and difficult to source
• Historic Scotland was being inflexible in its approach and was not taking the
lack of funds available to the church properly into consideration. He felt that
if Historic Scotland objected to the use of slate other than West Highland
slate, then they should be prepared to bridge the funding-gap, and, as
such, he would like to take this opportunity to challenge Historic Scotland on
their insistence on the use of West Highland slate.
The Chairman informed the meeting of his concern at this view, i.e. that any type of slate would be acceptable when funding was a problem.
During further discussion, Members commented:
• That the same problem existed at Acharacle Church
• That the Committee should be as flexible as possible in the circumstances,
to prevent the Church of Scotland being forced to sell the church because
they were unable to afford to re-roof it
Mr Andrew McFarlane Slack, seconded by Mr Neil Clark, then MOVED to refuse the application as recommended and request John Duncan, Highland Council Conservation Architect, to assist the sourcing of finance for the purchase of Ballachulish slate for the church, and to allow Historic Scotland time to respond to a strong statement from the Area Planning Committee challenging Historic Scotland’s inflexibility on the subject of roofing material.
Mr Charles King, seconded by Mrs Olwyn Macdonald, then moved, as an AMENDMENT, contrary to the Area Planning Manager’s recommendation, to allow Welsh slate to be used to re-roof the church.
Votes were Cast:
For the Motion:
Mr Andrew McFarlane Slack
Mr Neil Clark
Dr Michael Foxley
For the Amendment:
Mr Charles King
Mr Bill Clark
Mr Thomas MacLennan
Mrs Olwyn Macdonald
Mr Brian Murphy
The Amendment was carried 5 votes to 3.
6.9 04/00238/Remlo – Erection of House (Reserved Matters) at 2
Mallaigbheag, Mallaig for Mr and Mrs G Macleod
There was circulated report (no. PL/37) dated 3 August 2004 by the Area Planning Manager which related to the erection of a proposed 3-bedroom house of traditional shape and form on brow of hill at entrance to Mallaigbheag, 500m east of Mallaig Village. Concerns had been expressed by the Area Roads Manager and by an adjacent proprietor. The site already benefited from a grant of outline planning permission and consequently these concerns could be addressed by conditions. It was recommended that the application be approved subject to appropriate conditions.
Following brief discussion, Members agreed to adopt the Area Planning Manager’s recommendation that this application for approval of Reserved Matters be GRANTED subject to the following requirements:
A) That this permission is given in accordance with the particulars contained in
the original application ref 03/543/OUTLO and is subject to the conditions
attached to the grant of outline planning permission dated 17th February
2004 and the following specific requirements:-
i) No development to commence until 2 no. cross-sections through the site
are submitted (condition 3 of outline permission 03/00543/OUTLO).
ii) Vehicular access arrangements to be adjusted to comply with the
requirements of the attached schedule (condition 6); this will require land
outwith the control of the applicant; the written consent of the landowner
must be provided.
iii) Details of the roof verge and barge boards be adjusted to achieve a more
traditional detailing (condition 2).
iv) The rooflights on the front elevation shall be set flush with the slating
(condition 2).
v) Details of drainage arrangements to be submitted (condition 7)
vi) Landscaping and planting details require to be submitted (condition 5).
6.10 04/00275/Fullo – Erection of House at Rear of New House,
Achnahully, Arisaig for Mr and Mrs S Brown
There was circulated Report No. (PL/30) dated 28 July 2004 by the Area Planning Manager relating to a proposal which entailed the erection of a three bedroom one and a half storey house within a restricted plot of land to the rear of three existing houses. The proposal constituted cramped, over-development of the site which would represent backland development at variance to the dispersed, low density single tier of the settlement pattern of this area of Achnahully on the southern periphery of Arisaig Village. The proposal was in conflict with the Local Plan and was recommended for refusal.
Members were invited to consider the Area Planning Manager’s recommendation that the application be REFUSED for the following reasons:
1. The development will result in the establishment of a two tier backland
development contrary to the established elongated single tier crofting
settlement pattern of this township at Achnahully on the eastern periphery
of Arisaig contrary to the provisions of policy 7.59 of the Lochaber Plan.
2. Development will result in the house with the 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 establish a precedent for future similar
cramped over development of similar sites within Achnahully without
justification making it difficult for the Planning Authority to resist similar sites
within Achnahully resulting in loss of residential amenity within the area and
an erosion of the established settlement pattern.
The local Member informed the meeting that:
• Only the gable end of the house would be visible from the road, and the
applicant intended to leave a ‘mound’ in place between the proposed house
and neighbouring property, thereby protecting the privacy of the
neighbouring property
• When on site, due to the lie of the land, there was no clear distinction
between the single tier settlement and the aforementioned second tier of
backland development
• The land was being given to the applicant by a family member, both of
whom were local to the area
The Chairman then clarified that the house was for specific family need and therefore did not set a precedent for backland development in this area, and the Committee then unanimously agreed, contrary to the Area Planning Manager’s recommendation, in these exceptional circumstances, to GRANT the application, with powers delegated to the Area Planning Manager to draft appropriate conditions.
6.11 04/00304/Fullo – Demolition of Timber Outbuilding and Erection
of Garden Tearoom at Achintee Farm, Achintee, Glen Nevis for Mr
and Mrs S Gunn
There was circulated report (no. PL/38) dated 4 August 2004 by the Area Planning Manager on a proposed 100sq m tearoom on the site of redundant stables within grounds of Achintee Guest House, adjacent to the east bank of the River Nevis. All consultees had responded supportively, the proposal with the terms of the Nevis Strategy, and the application was recommended for approval.
Members agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:
1. That no trees or major shrubbery within the area edged RED shall be
lopped, topped, felled, cleared or otherwise damaged without the express
written consent of the Planning Authority; no development shall
commence until details of additional planting and landscaping (including
native species such as birch, rowan and alder) have been submitted to
and approved in writing by the Planning Authority; these 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.
2. That, for the avoidance of doubt, the tearoom facility must not be
advertised from the vicinity of Achintee House, Ben Nevis Inn, or the
Achintee car park.
3. That the pedestrian access from the designated disabled parking area to
the tearoom entrance shall be constructed and finished to a standard
suitable for use by wheelchair users and ambulant disabled persons; such
details shall be agreed in writing with the Planning Authority prior to
commencement of development; for the avoidance of doubt the tearoom
shall not be brought into occupation until this access has been fully
implemented to the satisfaction of the Planning Authority; the dedicated
disabled access bays adjacent to Achintee House shall be finished in a hard
surface.
4. That no development shall commence until details of servicing
arrangements, including delivery of goods and services, storage and
removal/uplift of waste/refuse, have been submitted to and approved in
writing by the Planning Authority.
5. That no development shall commence until a schedule of external materials
has been submitted to and approved in writing by the Planning Authority;
for the avoidance of doubt the external render shall be heavy and uneven
in appearance, the roof shall be finished in natural blue grey slating, and
the roof verge detailing shall be minimised.
6. That no development shall commence until details of both foul drainage
and surface water drainage have been submitted to and approved in
writing by the Planning Authority in consultation with the Scottish
Environment Protection Agency.
7. That for the avoidance of doubt, permission is granted in accordance with
the details contained within the application i.e. café facility;
notwithstanding this, the building and the paved patio areahereby
approved must not be used for the sale of hot or cold food or drinks for
consumption outwith the premises.
Reasons for Conditions:-
1. To minimise the impact of development within this designated National
Scenic Area, in the interests of amenity.
2. In the interests of road safety and amenity.
3. To ensure that disabled persons are not disadvantaged, in accordance with
Scottish Executive guidance.
4. In the interests of road safety and amenity.
5. To ensure a high standard of development in keeping with the location of
the building within this area of high amenity.
6. To ensure that the building and site is satisfactorily drained; to prevent
pollution.
7. To comply with the provisions of the adopted Local Plan
6.12 04/00311/Fullo – Erection of 2 Houses at Plots 7 and 8
Seafield Gardens, Fort William for Mr and Mrs A Kirk
The Committee agreed that the application be deferred until a SUDS report could be completed. The Committee was informed that a written report would be compiled and an Officer would attend the appropriate meeting to speak to the report.
6.13 04/312 – Erection of a Community Hall at East of Shinty Field,
Invergarry for Glengarry Community Council
There was circulated Report No. (PL/31) dated 28 July 2004 by the Area Planning Manager which related to the proposed replacement of the village hall/community centre on a prominent site at the western edge of Invergarry Village. Minor and resolvable concerns had been expressed by the Shinty Club. The application was recommended for approval subject to design modifications in view of its prominent and exposed location at the western entrance to Invergarry Village from the Kyle of Lochalsh road.
Members were invited to consider the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:
1. That no development shall commence until a scheme of planting and
landscaping for the environs of the building, the new roadway, and the car
park have been submitted to and approved in writing by the Planning
Authority; this planting workshop 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
2. That no development shall commence until details of an anti-glare and
dazzle barrier between the service road and the A87 trunk road as far as
may be deemed necessary by the Area Roads Manager, have been
submitted to and approved in writing by the Planning Authority; for the
avoidance of doubt the building shall not be brought into operation until
these works have been implemented to the satisfaction of the Planning
Authority in consultation with the Area Roads Manager.
3. That this planning permission hereby granted shall supersede planning
permission ref 01/032/outlo insofar as development has not been pursued
in accordance with such permission and to implement such permission
would prejudice the provision of the access road to the proposal current
approved.
4. That no development shall commence until amended details of the
elevational treatment of the building have been submitted to and
approved in writing by the Planning Authority.
5. That no development shall commence until details of appropriate vehicular
gates and a pedestrian stile at the entrance to the Shinty Club premises
have been submitted to and approved in writing by the Planning Authority;
for the avoidance of doubt, these works shall be implemented to the
satisfaction of the Planning Authority prior to the development coming into
use.
6. That any music, vocals, amplified sound or similar noise shall be so controlled
as to in audible from the adjacent housing at Aldernaig and Faichem.
7. That no development shall commence until a scheme detailing the provision
to be made for disabled people to gain access to the entire building has
been submitted to and approved in writing by the Planning Authority; all
measures thereby approved shall be implemented prior to use being made
of any part of the development.
8. That the car parking provisions shown on the approved and docquetted
plan shall be fully implemented to the satisfaction of the Planning Authority
prior to use being made of any part of the development; this parking
accommodation shall include at least 2no. dedicated disabled parking bays
2.5m wide with an additional 1.3m shared vehicle access strip; details of
the location of these bays shall be agreed in writing with the Planning
Authority prior to commencement of development.
9. That no development shall commence until details of the proposed foul and
surface water drainage arrangements have been submitted to and
improved in writing by the Planning Authority; for the avoidance of doubt
these works shall be implemented to the satisfaction of the Planning
Authority prior to use being made of any part of the development.
AND, on the advice of the Director of Roads, Scottish Executive:-
10. That the only means of vehicular access to the trunk road shall be the
existing access approved under planning permission reference
LO/1995/243.
11. That the use of the existing community centre/village hall site on the A82
trunk road shall cease on the new centre hereby centre is operational.
Reasons for conditions:
1. In the interests of visual amenity and to assist assimilation of the
development into the site.
2. In the interests of road safety
3. To clarify the terms of this permission and to ensure effective control of
development; implementation of this development would be incompatible
with implementation of the development approved under ref 01/032
4. To ensure a satisfactory appearance of the development within this
prominent site in the interest of amenity
5. So as not to prejudice the Shinty Club’s operation and use of their premises
6. So as not to prejudice adjacent residential proprietors’ enjoyment of their
properties.
7. To ensure that disabled persons are not disadvantaged, in accordance with
Scottish Executive guidance.
8. In the interests of road safety
9. To ensure that the site is properly drained
10. In the interests of road safety
11. In the interests of road safety
Following brief discussion, Members agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED, subject to the conditions outlined above, and the following additional condition:
• That the Area Planning Manager will obtain agreement, in writing, from the
applicant on the necessary minor changes to the façade of the building,
prior to consent being granted.
6.14 04/00326/327/Outlo – Erection of Two Houses (Outline) and
Formation of Vehicular Access at Plots 1 and 2, 28 Anaheilt,
Strontian for Mrs M Martin and Mrs J Traynor
There was circulated Report No. (PL/32) dated 28 July 2004 by the Area Planning Manager on the above application. No 28 Anaheilt was an elongated runrig croft within this attractive rural township at Strontian. The Croft house was de-crofted and removed from the holding in the early 1980s. Therefore the croft was not equipped with a crofthouse. This application was to secure a plot for a crofthouse and second plot for general need. Representations had been received from adjacent proprietors in terms of the impact that the new roadway will have on their amenity and privacy, infrastructure and existing trees. It was advised that these concerns could be addressed and the applications were recommended for approval subject to conditions on road maintenance, landscaping, design, drainage, and measures aimed at mitigating the impact of the new road on adjacent proprietors’ amenity.
Following discussion, Members agreed to adopt the Area Planning Manager’s recommendation that the applications be GRANTED subject to the undernoted conditions and the following additional condition:
• To protect the amenity of the neighbouring property, the proposed access
road is pegged out and agreed on site by the Planning Authority, the
proposed road route is to bend as far as possible away from the
neighbouring property, and trees are to be planted between the road and
the neighbouring property.
1. Standard Reserved Matters.
2. That the house shall be of traditional form and finishes, its span shall not
exceed 7.2m, it shall be of single or 1.5 storey height, its roof shall be set
at an angle of 45° and finished in natural slate.
3. That the vehicular access shall be formed in accordance with the attached
schedule; for the avoidance of doubt the house shall not be occupied until
the access works have been implemented to the satisfaction of the
Planning Authority.
4. That no development shall commence until a Road Maintenance
Agreement, setting out the standard of road and the provisions for its
ongoing maintenance and aftercare, has been prepared and submitted to
and agreed in writing with the Planning Authority.
5. That no development shall commence until details of measures for
collection and disposal of foul and surface water drainage have been
submitted to and approved in writing by the Planning Authority; for the
avoidance of doubt the house hereby approved shall not be occupied until
these requirements have been implemented to the satisfaction of the
Planning Authority.
6. That prior to its construction, the route of the new access shall be pegged
out and agreed on site with the Planning Authority and shall comply with
the undernoted requirements:-
- The nearside eastern edge of the roadway shall be at least 8m from the
boundary of Sunart.
- The alignment to the north west of Sunart and south east of Craig-na-Shee
shall take full advantage of the shape and profile of the landform.
- The routing shall aim to minimise impact on adjacent proprietors’ enjoyment
of their amenities.
- Strategic tree planting shall be undertaken to restrict glare and impact on
adjacent properties.
- The access road, where it spurs from the existing access to Sunart shall be
informal, not exceeding 2.8 in width, engineered to marry with the
landform, and of the minimum standard commensurate with this
development.
7. That no development shall commence until details of landscaping and
planting for the periphery of the plot and elsewhere as appropriate to
minimise impact of the roadway, 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 building works; any
plant failures within the first five years shall be replaced to the satisfaction
of the Planning Authority.
Reason for conditions:-
1.Standard.
2-7 In the interests of amenity, in the interests of road safety, to ensure
satisfactory drainage, and to minimise the impact of development within
this rural landscape and to protect neighbouring proprietors’ enjoyment of
their amenities.
Dr Michael Foxley, having declared a non-financial interest in item 6.15 as Chairman of the Board of Directors of Lochaber College, and Mr Thomas MacLennan, having also declared a non-financial interest in item 6.15 as a Director of Lochaber College, left the room for the duration of the Item.
The Lochaber Area Manager declared a non-financial interest in Item 6.15 as an alternate Director of Lochaber College. He remained in the room but took no part in the discussion.
6.15 04/00328/Fullo – Two Storey Extension to College, Lochaber
College, An Aird, Fort William for Lochaber College Ltd
There was circulated Report No. (PL/33) dated 27 July 2004 by the Area Planning Manager on a proposed £1.8m extension to provide additional further educational facilities at Lochaber College including additional lecture room space, college library, crèche, and construction industry training facilities. The extension was of a bold and robust design in stark contrast to the imposing if plain style of the existing building. However it was judged that the building would make a positive contribution to the urban townscape of An Aird by reason of its architecture. The application was recommended for approval subject to conditions including details of materials, landscaping, parking and disabled access.
The Committee welcomed the application and the interesting architecture of the proposed extension, and noted that the provision of construction industry training was especially useful for the local economy.
Following discussion on the use of copper as a roofing material, Members agreed to adopt the Area Planning Manager’s recommendation that the application be GRANTED subject to the following conditions:
1. That except as otherwise provided by the terms of this permission, the
applicants shall construct the development in accordance with the plans
and supporting information submitted with the application and docquetted
as relative hereto with no deviation therefrom unless otherwise approved
in writing by the Planning Authority.
2. That no development shall commence until details of the external finishes
to be used on all external surfaces of the building, and samples where
appropriate, have been submitted to and approved in writing by the
Planning Authority; the framework to be used in the areas of external
glazing shall be of a maroon finish to match the existing building or such
other colour as may be agreed in writing with the Planning Authority.
3. That no development shall commence until a detailed plan of the existing
trees to be retained, and those requiring to be felled to accommodate the
development and its infrastructure, have been submitted to and approved
in writing by the Planning Authority; those trees to be retained shall be
effectively taped-off from the construction site in accordance with details
to be agreed on site with the Planning Authority.
4. That no development shall commence until details of landscaping and
planting for the periphery of the site, and within the car park, have been
submitted to and approved in writing by the Planning Authority; these
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 a scheme detailing the provision
to be made for disabled people to gain access to the college and its
extension have been submitted to and approved in writing by the Planning
Authority; all measures thereby approved shall be implemented prior to use
being made of any part of the development.
6. That pedestrian access to the site shall be via a route approved by the
Planning Authority in consultations with the Roads Authority prior to the
commencement of building work.
7. That car parking requirements shall be provided as follows:-
i) 1 space per staff member plus 1 space per 10 students;
or
ii) 3 spaces per 100 sq m gross floor area;
whichever is the greater
Reasons for Conditions:-
1. Strict adherence to the approved plans is essential to achieve a satisfactory
development within this important and prominent site, in the interests of
amenity.
2. In the interests of amenity.
3-4 To aid assimilation of the development into the site in the interests of
amenity.
5. To ensure that adequate disabled access is provided in accordance with
Scottish Executive guidance.
6. To ensure pedestrian safety.
7. To ensure adequate off-street parking facilities.
AND any other conditions as advised by consultees
6.16 04/00329/Fullo – Extension to Art Gallery to Include Additional
Gallery Space, Café, Owner’s Accommodation, Staff
Accommodation and Letting Bedrooms (Amended Design) at
Lime Tree Studio, Achintore Road, Fort William for Mr D Wilson
There was circulated report (no. PL/40) dated 4 August 2004 by the Area Planning Manager on amended proposals for a substantial extension to the Lime Tree Gallery to provide art gallery accommodation, art shop and artists studio, ancillary café, as well as seven letting bedrooms and owners private accommodation. Although extensive use was made of vertical timber cladding in the extension, the roof would be of natural slate, the design and scale of the extension were sympathetic, significant road safety gain had been achieved, and the application was recommended for approval.
Members were invited to consider the Area Planning Manager’s recommendation that planning permission be GRANTED subject to conditions to cover disabled access, general access and parking arrangements, tree retention, details of materials and specification, deletion of the half hips in the roof design, café to be operated as an ancillary facility, surface water drainage details to be agreed, details of the alteration to the stone boundary wall to be agreed, signage details, colour of external timber cladding, agreement on tree thinning to protect the neighbouring proprietor’s outlook, and other details as advised by consultees. These conditions would be firmed up and agreed and endorsed by the appropriate Members.
The Area Planning Manager informed the Committee of two additional conditions he wished to add as follows:
• The balcony on the southern elevation was to be deleted
• More detail was required from the applicant on the entrance foyer that
would link the existing building with the proposed extension
The Area Roads Manager informed the meeting that due to the poor visibility up the hill on exiting the property, the existing wall would require to be lowered.
The local Member had no objection to the road-facing balcony and wished to see less timber cladding on the rear of the proposed building.
The Committee then agreed to adopt the Area Planning Manager’s recommendation that planning permission be GRANTED subject to the above-noted conditions and the following additional condition:
• The Area Planning Manager to discuss with the Architect a reduction by
50% in the timber cladding on the rear of the proposed extension.
Mr Charles King, having declared a non-financial interest in item 6.1 as Chairman of the Knoydart Foundation, took no part in the discussion, but chose to remain in the room due to the public interest in the Item.
Dr Michael Foxley, having declared a non-financial interest in item 6.17 as a Director of the Knoydart Foundation, remained in the room but took no part in the discussion.
The Lochaber Area Manager declared a non-financial interest in item 6.17 as Company Secretary of the Knoydart Foundation, and left the room.
6.17 Lo/01/Cec/5 – Crown Estate Consultation on Proposed Mussel
Farm, Sgeirean Glasa, Inverie Bay, Loch Nevis for Mr T Mcclean
There was circulated Report No. (PL/34) dated 21 July 2004 by the Director of Planning & Development on the above application. The Crown Estate had consulted the Council on an application for a shellfish farm lease in Inverie Bay, Loch Nevis. Members were recommended to submit an unfavourable view to the Crown Estate, ie. Recommend refusal to prevent any interference with the anchorage at Glaschoille.
Members agreed to adopt the Area Planning Manager’s recommendation that the Committee submit an unfavourable view to the Crown Estate, ie. that the application be refused as the proposal is contrary to the Lochaber Local Plan and the Loch Nevis Framework Plan in terms of navigation.
7. Enforcement and Related Matters
Mr Bill Clark, having declared a financial interest in Item 7.1, left the room for the duration of the Item.
There was circulated report (no. PL/41) dated 3 August 2004 by the Area Planning Manager on an ongoing 6-house development at Lochindaal, Tomonie. The developer had not complied with various pre-start conditions requiring (1) comprehensive servicing and (2) road to be constructed to base course. Nor had he removed the unsightly soil stockpile that was required to be moved within three months of commencement of development. It was recommended that the developer be allowed 56 days to secure compliance with these matters failing which enforcement action be instigated.
The developer was in breach of the conditions attached to his grant of planning permission and had also departed significantly (in terms of reducing the area of garden curtilage) from the plan approved relative to application 02/322. It was important that enforcement action was not time-barred and it was therefore recommended that the developer be allowed 56 days to secure compliance with the terms of the various planning permissions, failing which enforcement action would be instigated.
Following discussion, the Committee agreed to ADOPT the above recommendation. The Area Convener requested that a further report be brought to the Committee after 56 days if the issue has not been resolved prior to this. The Committee agreed to maintain a high profile on planning enforcement matter.