Agenda

1.

Apologies for Absence

Apologies for absence were tendered on behalf of Dr. Michael Foxley and Mr. Charles King.  
 

2.

Revenue Expenditure Monitoring Report

There was circulated and Noted Report No. PL/93/06 dated 24^th October 2006 by the Area Planning & Building Control Manager which detailed the revenue expenditure for the Planning & Building Control Service for the period 1 April 2006 to 30 September 2006

Appeals

3.1

05/00295/REMLO – Erection of House at Plot 3, Seaview, Bonnavoulin, Drimnin for Mr A G Milne

Members Noted that an appeal had been lodged to vary conditions imposed on permission for a house.  The conditions related to the obligation to upgrade the access and bell mouth as well as safeguarding a vehicular access to an adjoining plot.

4.

Delegated Powers

There was circulated and Noted  Report No. LP-83-06 by the Area Planning & Building Standards Manager which detailed delegated decisions on planning applications since the last meeting up to 19 October 2006.   

5.

Applications

Applicant

Location

Nature of Development

Recommendation

5.1

Highland Welcome Ltd

Glenview Caravan Park, Strontian, Inverness-shire, PH36 4HZ

Change of Use from Caravan Park to 12 Residential Units

Approve

There was  circulated Report No. LP-84-06 dated 19 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 05/00475/OUTLO. 

In noting the Area Planning Manager’s recommendation to Approve the application the Area  Committee heard from the Area Solicitor that a  number of written representations had been received and it was agreed to Adjourn consideration and  determination of this application  to allow for a Site Visit followed by a Hearing to take place on 27^th November 2006.

Ms Una Mackey

Housing Site to West of Fir Cottage, Glencoe

Erection of 4 Houses and Upgrading of Access

Approve

There was circulated Report No. LP-85-06 dated 16 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 06/00191/OUTLO.    

Following discussion the Committee adopted the recommendation of the Area Planning and Building Standards Manager and Agreed that planning permission be Granted subject to the following conditions and reasons:

As previously intimated Mr. Drew McFarlane Slack declared an interest in the following item and  Mr. Bill Clark, the Vice Chairman took the Chair

5.3

Mr A Hogg

House Plot 100m NW of Stewart Hotel, Duror, Appin

Erection of House (Outline)

Approve

There was circulated Report No. LP-86-06 dated 12 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 06/00301/OUTLO.

Following discussion the Area Committee adopted the Area Planning & Building Standards Manager’s recommendation and Agreed that planning permission be Granted subject to no new issues being raised before 10^th November 2006 subject to the  standard condition and the conditions and reasons as follows:

1.

Standard outline.

2.

Any details pursuant to this Outline Permission shall show a house designed to reflect the local vernacular and shall incorporate the following elements:

(a)    be single or one and a half storeys in height;

(b)   be generally rectangular in shape with gable ends not exceeding 8 metres;

(c)    with a pitched roof of between 35 and 42 degrees, finished in natural slate;

(d)   have windows with a strong vertical emphasis;

with external walls finished in natural stone, wet dash or smooth cement render.

Reason : In the interests of visual amenity in order to integrate the proposal into its landscape setting.

3.

Where possible, on land within the applicant’s control, the junction with the Trunk Road shall have visibility splays of 215 metres in each direction, measured from a point 4.5 metres back from the edge of the trunk road, measured along the centreline of the access. Prior to the commencement of works on the site, the visibility splays shall be cleared of all obstructions to driver visibility over a height of 1.05 metres above the level of the adjoining carriageway. Thereafter the visibility splays shall be maintained clear of all such obstructions to driver visibility in perpetuity.

Reason : In the interests of road safety.

4.

From the date of this permission, no trees on the site shall be felled, lopped or topped without the prior written permission of the Planning Authority.

Reason : In the interests of visual amenity.

It was further Agreed that in the event of further representations being received between 30^th October and 10^th November 2006 that determination of the application be delegated to the Planning Manager in consultation with the Vice Chairman.

5.4

Mr & Mrs Tevendale

Land to Rear of Glenuig Inn, Glenuig, Lochailort

Erection of House

Approve

There was circulated Report No. LP-87-06  dated 11 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref 06/00372/FULLO.

The Area Committee adopted the Area Planning & Building Standards Managers recommendation and unanimously Agreed that planning permission be Granted subject to the standard condition and the following conditions and reasons:

1.

No work shall commence on site until the access track and junction have been fully upgraded in accordance with the details on the approved site plan (drawing no. FW.06.017 100C) and the attached Roads Schedule, unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of road safety and to secure the necessary road improvements prior to works commencing on the house.

2.

Prior to the commencement of works on site, visibility splays of 60 metres in each direction, formed from a point 4.5 metres back from the edge of the public road, measured along the centreline of the improved access shall be cleared of all obstructions to driver visibility over a height of 1.05 metres above the level of the adjoining carriageway. Thereafter the visibility splays shall be maintained clear of all such obstructions to driver visibility in perpetuity.

Reason : In the interests of road safety.

3.

Notwithstanding the provisions of Article 3 and Class 1 (extension, enlargement, improvement and alteration of the dwelling) and Class 3 (building, enclosure, pool, incidental to the enjoyment of the dwelling and maintenance, improvement, alteration thereon) or 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 permission of the Planning Authority.

Reason : In the interests of amenity and having regard to the restricted nature of the dwelling including its curtilage, to prevent overdevelopment of the site from developments normally carried out without the need for  planning permission.

4.

Prior to the commencement of works on the foundations of the approved house, a scheme of landscaping and boundary treatment shall be submitted to and approved in writing by the Planning. Such details shall show a scheme of landscaping and boundary treatment which is reflective of the rural character of Glenuig. Thereafter, the approved scheme shall be fully implemented prior to the first occupation of the house, unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of visual amenity in order to integrate the proposal into its landscape setting.

5.5

Builders Select Ltd

House Site to North of Garadh Buidhe, Spean Bridge

Erection of House

Refuse

There was circulated Report No. LP-88-06 dated 9 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 06/00384/OUTLO.

Following discussion Mr. Drew McFarlane Slack moved that the Area Planning Manager’s recommendation be adopted and that the application be Refused for the reason stated in the report (see below)  but having found no seconder the motion fell.

1.

The site lies within the hinterland of Fort William as defined by Policy H3 of the Highland Structure Plan and ‘Restricted Countryside’ as defined by Policy 3.2.14 of the Lochaber Local Plan where there is a strong presumption against new development unless the proposed house is essential for the management of land, related family or occupational reasons. No claim of exceptional circumstances has been made in support of this application and there is therefore no justification for a house in this location. The proposal is therefore contrary to Policy H3 of the approved Highland Structure Plan 2001, Policy 3.2.14 of the adopted Lochaber Local Plan 1999 and the Councils Development Plan Policy Guidance on New Housing in the Countryside, dated March 2006.

As a Motion,  Mr. Thomas MacLennan, seconded by Mr. Bill Clark moved that as the application was considered to be on a  brownfield site an exception could be made in relation to policy issues in this instance  as it would go some way in enhancing the amenity of this particular area and tidying up the site and that the application should be Granted with conditions delegated to the Area Planning Manager.

There being no Amendment the Motion was declared the finding of the meeting and the application was Approved.

5.6

Karole Walker

The Shieling, Inverroy, Roy Bridge

Division of Plot 2 to Provide 2 House Plots

Refuse

There was  circulated Report No. LP-89-06 dated 11 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 06/00405/OUTLO.

Following discussion Mr. Drew McFarlane Slack, seconded by Mrs. Olwyn Macdonald moved that the Area Planning Manager’s recommendation be adopted and that the application be Refused for the following reasons:

1.

The application would result in a development at variance with the predominant settlement pattern of housing at Upper Inverroy contrary to the provisions of Policy H3 Housing in the Countryside of Highland Structure Plan March 2001.

2.

The application would result in a denser development at variance with the predominant settlement pattern at Upper Inverroy and contrary to the provisions of Policies 8.2.12(B), 3.2.5, and 3.2.6 of the Lochaber Local Plan February 1999.

3.

The application would result in the development at variance with the predominant settlement pattern at Upper Inverroy and contrary to the provisions of General Development Control Policy RS2 Rural Townships and Villages.

4.

A denser development on the site would result in two houses in close proximity with a poor degree of privacy and amenity when compared to surrounding housing.

5.

No other material considerations have been submitted or identified to outweigh the above factors and the application must therefore fail under the provisions of Section 25 of the Town and Country Planning (Scotland) Act 1997.  

As an Amendment, Mr. Thomas MacLennan, seconded by Mr. Bill Clark moved for a Site Visit and Hearing.

Votes were cast:

For the Motion:

Mrs. Olwyn Macdonald

Mr. Brian Murphy

Mr. Drew McFarlane Slack

Mr. Neil Clark

For the Amendment :

Mr. Thomas MacLennan

Mr. Bill Clark

The Motion being the finding of the meeting the application was Refused.

5.7

Mr Justin Roberts

Plot 19A, South West of Burnbank, Glencoe

Erection of House

Approve

There was  circulated Report No. LP-90-06 dated 11 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 06/00406/FULLO.

During debate, Mrs. Olwyn Macdonald drew the Committee’s attention to Scottish Water’s footnote relating to the application wherein it was noted there was no guarantee that a connection be made to their infrastructure  due to insufficient capacity in both water and waste water networks at Glencoe.   In response the Committee heard from the  Planning & Building Standards Manager that this was a standard response from Scottish Water and although it highlighted the above  issues it did not preclude any development.

Arising therefrom the Committee adopted the Area Planning Managers recommendation and Agreed that planning permission be Granted subject to the standard condition and the following conditions and reasons:

1.

Prior to the commencement of any works on site, a scheme of sustainable urban drainage for the surface water shall be submitted to and approved by the Planning Authority in consultation with the Area Roads Manager and the Scottish Environment Protection Agency. Thereafter, prior to the first occupation of the house hereby approved, the drainage scheme shall be fully implemented in accordance with the approved details.

Reason : In order dispose of surface water from the development in a sustainable manner.

2.

Where possible, on land within the applicant’s control, visibility splays of 35 metres in each direction, formed from a point 2.5 metres back from the edge of the private road, measured along the centreline of the proposed house access, shall be formed. Prior to the commencement of work on the proposed house, the visibility splays shall be cleared of all obstructions to driver visibility above a height of 1.05 metres above the level of the adjoining private road and thereafter maintained clear of all such obstructions to driver visibility in perpetuity.

Reason : In the interests of road safety.

3.

Prior to the first occupation of the house hereby approved, the 1.8 metre high closes boarded fencing shall be fully erected along the northern and eastern boundaries of the garden, unless otherwise first agreed in writing. For the avoidance of doubt any fencing erected shall not interfere with the visibility splays required by Condition 2 above.

4.

Notwithstanding the approved plans, the roof of the approved house shall be finished in natural slate or a good quality slate substitute. Prior to the commencement of works on the house full details of the proposed roof covering shall be submitted to and approved by the Planning Authority. Thereafter the house shall be constructed in accordance with the approved details.

5.

Notwithstanding the approved plans, from the date of this permission, no trees shall be felled along the southern boundary of the site without the prior written permission of the Planning Authority.

6.

Notwithstanding the provisions of Article 3 and Class 1 (extension, enlargement,

improvement and alteration of the dwelling) and Class 3 (building, enclosure, pool, incidental to the enjoyment of the dwelling and maintenance, improvement, alteration thereon) or 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 permission of the Planning Authority.

7.

Notwithstanding the provisions of Article 3 and Class 1 of Schedule 1 of the Town and Country (General Permitted Development)(Scotland) Order 1992, no windows or other external openings, other than those shown on the approved plans, shall be installed in the building without the prior written consent of the Planning Authority.

5.8

Mr & Mrs Munro

Land Opposite Laraichean, Glencoe

Erection of House

Refuse

There was  circulated Report No. LP-91-06 dated 18 October 2006 by the Area Planning & Building Standards Manager in respect of Planning Application Ref. 06/00409/OUTLO.

Following discussion the Area Committee adopted the Area Planning & Building Standards recommendation that planning permission be Refused for the following reasons:

1.

The development, if permitted, would be contrary to the provisions of Policy 3.6.12 of the Local Plan which seeks to safeguard National Scenic Areas from unsympathetic development. The proposal would encroach onto The Strath and represent insensitive siting and would be at variance to and erode from its landscape setting.

2.

The development, if permitted, would establish a precedent for uncoordinated and unjustified development encroaching into the exceptionally sensitive landscape setting known as The Strath where there are no physical features to contain development once permitted.

3.

The site lies within the Lochaber Local Plan settlement of Glencoe within which new housing development is directed to those areas allocated for housing under Policy 6.5.8.  The proposed site does not lie within the area allocated for housing for infill development and the proposal is contrary to the Lochaber Local Plan policy for housing within Glencoe.

6.

Internal Audit Report

There was circulated Report No. LP/92/06 dated 26 September 2006 by the Director of Planning & Development on the Audit of the Processing of Planning Applications which was undertaken as part of the Annual Plan for 2005/06.  It commenced in Autumn 2005 and the final report was issued in July 2006 and reported to the Audit & Standards Committee on 24 August 2006.  Its objectives were defined at the outset and its findings and recommendations resulted in an Action Plan which was approved by the Committee who also agreed that a copy of the report be forwarded for consideration by the Area Committee.

Arising from discussion, during which the Committee complimented the work of Lochaber Planning & Building Standards Service  Members Noted the findings of the Internal Audit report and further Noted they would be advised in Spring 2007 on the  progress made  to implement the Action Plan being prepared by the Service.