Minute of Meeting of the Lochaber Area Planning and Building Standards Committee held within the Council Chamber, Lochaber House, High Street, Fort William on Monday 18th December 2006
Present:
Mr. Drew McFarlane Slack, Chairman
Mr. Bill Clark
Mr. Charlie King
Mr. Thomas J. MacLennan
Dr. Michael E. M. Foxley
Mrs. Olwyn J. Macdonald
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. Dafydd Jones, Area Planning and Building Standards Manager
Mr. Chris Strong, TEC Services
Ms Elizabeth Toal, Corporate Services
Mr. Colin Wishart, Senior Principal Officer C Coastal)
Declarations of Interest:
6. Mr. Thomas MacLennan declared an interest in this item as a Board Member of Highland Opportunities.
Business
1. Apologies for Absence
No apologies for absence were intimated.
2. Appeals
2.1 05/00295/REMLO – Extension to Existing Care Home, Conservatory and Associated Works at Annie Cameron Retirement Home, Lochview, Kinlocheil for Annie Cameron Retirement Home
Members recalled this application was Refused by the Committee in November 2005 on the basis that the scale of the extension was out of character with the area and would adversely impact on adjoining residential properties. Members Noted the appeal was dismissed by the Reporter’s Unit who advised the proposal was unacceptable and the proposed extension was not desirable in relation to adjoining residential properties and could not be justified as sustainable given its location.
3. Delegated Powers
There was circulated and Noted Report No. LP-94-06.pdf (131kb pdf) by the Area Planning and Building Standards Manager which detailed delegated decisions on planning applications since the last meeting up to 8 December 2006.
4. Applications
Applicant Location Nature of Development
4.1 Mr John Cormack Chapel Bothy, Isle of Eigg Alterations to Existing Derelict Agricultural Building to form Dwellinghouse
There was circulated Report No. LP-95-06.pdf (240kb pdf) dated 4 December 2006 by the Area Planning and Building Standards Manager in respect of Planning Application Ref. 06/00190/FULLO recommending that Planning Permission be Refused for the following reasons:
- The design and scale of the alterations, involving increasing the height of the property and the pre dominance of timber cladding would serve to overwhelm and subsume the character of the original single storey stone byre to its detriment contrary to the provisions of Policy 3.6.12 of the Lochaber Local Plan and adversely affect the wider landscape setting of this National Scenic Area.
- The design and scale of the alterations, involving increasing the height of the property and the pre dominance of timber cladding would serve to overwhelm and subsume the character of the original single storey stone byre to its detriment contrary to the provisions of Policy RS1 of the Lochaber Local Plan and adversely affect the wider landscape setting of this National Scenic Area.
- The design and scale of the alterations, involving increasing the height of the property and the pre dominance of timber cladding would serve to overwhelm and subsume the character of the original single storey stone byre to its detriment contrary to the provisions of Policy G2 of the Highland Structure Plan and adversely affect the wider landscape setting of this National Scenic Area.
Prior to considering the above application a copy of a letter from the applicant with photos attached were circulated to Members.
Arising from discussion and in noting the Area Planning Manager’s recommendation to Refuse the application Members Agreed to Adjourn determination of this application in order that the amount of stone could be increased in the building and give consideration to modifying the design of the apex.
4.2 Foster Yeoman Kingairloch House, Kingairloch, Ardgour, Fort William Proposed Swimming Pool within Walled Garden
There was circulated Report No. LP-96-06.pdf (328kb pdf) dated 4 December 2006 by the Area Planning and Building Standards Manager in respect of Planning Application Ref. 06/00341/FULLO.
Following discussion Mr. Drew McFarlane Slack moved that the Area Planning Manager’s recommendation be adopted and that the application be Approved for the reasons stated in the report (see below) but having found no seconder the motion fell.
1. Prior to the commencement of any works on site full details of the drainage
arrangements to serve the swimming pool shall be submitted to and
approved in writing by the Planning Authority in consultation with the
Scottish Environment Protection Agency. Such details shall include suitable
dechlorination of the routine filtration water from the swimming pool prior to
discharge to the soakaway. Thereafter, prior to the swimming pool
becoming operational, the drainage scheme shall be fully installed, and
thereafter maintained in perpetuity, in accordance with the approved
details.
Reason : In the interest of environmental protection and public health in order to ensure adequate disposal of routine filtration water from the swimming pool facility.
2. Prior to the commencement of any works on site full details, including a
sample, of the proposed roof covering shall be submitted to and approved
in writing by the Planning Authority. Such details shall show a dark recessive
matt coloured corrugated or standing seam sheeting unless otherwise
agreed in writing by the Planning Authority. Thereafter the building shall be
constructed and finished in accordance with the approved details.
Reason : In the interests of visual amenity.
As a further Motion, Dr. Michael Foxley, seconded by Mr. Neil M. Clark moved that the application be Refused on the basis that the proposed construction of the swimming pool and the use of materials proposed would serve to destroy the character and integrity of the existing walled garden to its detriment and is contrary to POL 3.6.18 of the Lochaber Local Plan.
There being no Amendment the Motion was declared to be the finding of the meeting and the application was Refused.
4.3 Mr C Dawson 7 Sutherland Avenue, Upper Achintore, Fort William Erection of Dwellinghouse
There was circulated Report No. LP-97-06.pdf (252kb pdf) dated 6 December 2006 by the Area Planning and Building Standards Manager in respect of Planning Application Ref. 06/00393/FULLO.
Following discussion the Area Committee adopted the Area Planning and Building Standards Manager’s recommendation and Agreed that planning permission be Approved subject to the standard condition and the following conditions and reasons:
1. The development hereby approved shall be carried out strictly in
accordance with the approved site layout and sectional drawings (drawing
no. 0852006) and the elevation drawing (drawing no. 0852006/100a),
unless otherwise first agreed in writing by the Planning Authority.
Reason : In the interests of visual and residential amenity.
2. Notwithstanding the provisions of Article 3 and Classes 1, 2, 3, 4, and 7 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 dwellinghouse hereby permitted without the prior
written consent of the Planning Authority.
Reason : In the interests of visual and residential amenity and to prevent over-development of the site as a result of developments normally carried out without planning permission, these normally being permitted under Article 3 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992.
3. Notwithstanding the provisions of Article 3 and Class 1 of Schedule 1 of the
Town and Country Planning (General Permitted Development)(Scotland)
Order 1992, no window or other openings, other than those shown on the
approved plans, shall be installed in the north east or south west facing
gable elevations permitted without the prior written consent of the Planning
Authority.
Reason In order to prevent the inclusion of window or other openings in the north east and south west facing gable elevation which could significantly undermine the privacy and amenity of adjoining residential property.
4. From the date of this permission, the two fir trees to the immediate north
west of the approved house shall be retained in perpetuity at a height of
no less than 1 metre above the eaves level of No. 5 Sutherland Avenue,
unless otherwise first agreed in writing by the Planning Authority.
Reason : In the interests of visual and residential amenity.
5. The vehicular access shall be upgraded and thereafter maintained to
comply with the requirements set out in the attached schedule; for the
avoidance of doubt the house shall not be occupied until the access has
been upgraded to comply with these requirements.
Reason : In the interests of visual and residential amenity.
4.4 Mr Andrew Turnbull Land to North of Stockman’s Cottage, Achnabobane, Spean Bridge Erection of Dwellinghouse
There was circulated Report No. LP-98-06.pdf (254kb pdf) dated 6 December 2006 by the Area Planning and Building Standards Manager in respect of Planning Application Ref. 06/00418/FULLO.
In noting the above application had been Withdrawn on the morning of the Planning Committee Members voiced their displeasure at the late notice given on withdrawal of this application and it was Agreed that this be conveyed in writing to the applicant’s agent, due to the abortive work this would have created
4.5 Mr Graham Mitchinson 10 Blaich, Fort William Erection of Two Houses with Garages
There was circulated Report No. LP-99-06.pdf (252kb pdf) dated 5 December 2006 by the Area Planning and Building Standards Manager in respect of Planning Application Ref. 06/00453/OUTLO recommending that planning permission be Granted subject to the standard condition and the following conditions and reasons:-
1. Standard outline condition and reason (refers to time limits for submission
of Reserved Matters).
2. In addressing the terms of condition 1, above, the house shall be designed
within the following parameters:
- The house shall be not more than 1½ storeys in scale
- Internal building span not to exceed 7.2 metres
- Roof pitch to be between 40 and 45°
- Roof finish to be natural blue grey slate or plain profile dark grey concrete tiles
- The house frontage shall not project north of, and be set parallel with, the dotted blue line over-marked on “amended plan 1 of 1 received on 27th October 2006 attached hereto”.
- The eastern house hereby approved in outline shall be set not less than 12 metres away from the existing house, 10A Blaich, to the immediate east of the site.
- The main building ridge shall run east to west across the site
- Primary wall finish shall be white or off white painted wet dash roughcast or smooth masonry render.
Reason : To ensure suitable integration with the landscape setting of the site and the predominant pattern of development adjacent to the site.
3. Prior to the commencement of development, full details of the proposed
means of foul water drainage including septic tank location, capacity and
outfall arrangements, shall be submitted to and approved in writing by the
Planning Authority. Thereafter, the development shall be completed in
strict accordance with such details as are agreed.
Reason : To ensure that foul drainage arising from the development is safely and hygienically disposed of.
4. Prior to the commencement of development, full details of the proposed
means of surface water drainage shall be submitted to and approved in
writing by the Planning Authority. Thereafter, the development shall be
completed in strict accordance with such details as are agreed.
Reason : To ensure surface water drainage arising from the development is suitably managed.
5. No development shall commence or is hereby authorised until, the site
access and visibility splays are provided to accord with the requirements
set out in the attached Road Schedule dated [enter date of approval].
The access shall be so maintained thereafter in perpetuity.
Reason : In the interests of road safety.
6. Notwithstanding the details shown in “amended plan 1 of 1 received on
27th October 2006” attached hereto, the existing access track from the
A861 to the site must be maintained in its current location with the
realigned track only being formed as shown over-marked hatched green
on the aforementioned plan. The access track shall be so maintained
thereafter in perpetuity.
Reason : To minimise disruption to the remaining agricultural land to the north of the application site, in accordance with policy 3.6.11 of Lochaber Local Plan February 1999.
7. Notwithstanding the provisions of Class 1 (alterations and extensions) of
the Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 as amended, no window or other openings shall be
installed in the eastern gable of the eastern house hereby approved in
outline.
Reason : To prevent inter and over-looking which would otherwise occur between the site and the adjacent house to the east.
8. Notwithstanding the provisions of Class 7 (means of enclosure) of the
Town and Country Planning (General Permitted Development) (Scotland)
Order 1992 as amended, no fencing, walling of other means of enclosure
shall be erected to a height exceeding 1 metre above ground level, unless
otherwise first agreed in writing by the Planning Authority.
Reason : To protect the rural setting of the site, which may otherwise be jeopardised by unsympathetic boundary treatment or other means of enclosure to heights exceeding 1 metre above ground level.
Following discussion Mr. Drew McFarlane Slack moved that the Area Planning Manager’s recommendation be adopted and that the application be Approved but having found no seconder the motion fell.
As a further Motion, Dr. Michael Foxley, seconded by Mr. Bill Clark moved that the application be Refused on the grounds of overdevelopment in a rural setting and the loss of arable land.
There being no Amendment the Motion was declared the finding of the meeting and the application was Refused.
4.6 Achnacarry Estate Land North of Ardlochy House, Gairlochy, Spean Bridge Erection of 4 Houses LP-100-06.pdf (452kb pdf)
This item was Withdrawn.
4.7 Lidl UK GmbH Former Garage and Filling Station, Camanachd Crescent, Fort William Erection of Retail Unit and Additional Works
There was circulated Report No. LP-101-06 (1318kb pdf) dated 11 December 2006 by the Area Planning and Building Standards Manager in respect of Planning Application Ref 06/00438/FULLO.
Following discussion, the Committee adopted the Area Planning Manager’s recommendation and agreed that permission be Granted subject to the standard condition and the following conditions and reasons:
1. Prior to the commencement of any works on site, full details, in plan form,
of the finalised scheme for access, parking layout and surfacing, traffic
calming and delivery vehicles shall be submitted to and approved in writing
by the Planning Authority in consultation with the Area Roads and
Community Works Manager. Thereafter the agreed scheme shall be fully
implemented prior to the first operation of the food store.
Reason : In the interests of road and pedestrian safety.
2. Prior to the commencement of works on the foundations of the building
hereby approved, the relocated lorry parking and the new public parking
areas, as shown on the approved block plan, drawing no. G1592 AL(0)10
dated 2.10.06, or as amended by Condition 1 above, shall be fully formed
in accordance with the Area Roads Manager’s specifications, or
mechanisms put in place, as agreed by the Planning Authority, to secure
the provision of these parking areas.
Reason : In order to secure the replacement public parking lost as a result of the provision of the new customer parking for the food store.
3. No development or any works shall take place at the site until such time as
a suitably qualified person has carried out an assessment of the potential
for contamination at the site. The assessment shall include as
appropriate:
i) a desk study consideration of historical uses of the site, hydro
geological and geological characteristics of the area and the likely
nature, location and extent of any contamination;
ii) a site walk over, including the taking of any necessary samples;
iii) an assessment of the risk posed to the commercial development
arising from the likely presence and nature of contaminants at the
site.
The assessment shall be submitted to the Planning Authority in consultation with TEC Services (Contaminated Land Unit). No works on the development shall take place in advance of the written approval of such an assessment.
Reason : In the interests of public health.
4. Prior to the commencement of any works on site and based upon the
finding of the assessment as detailed under condition 3 above, a site
remediation plan shall be submitted to and approved in writing by the
Planning Authority in consultation with TEC Services (Contaminated Land
Unit). A site remediation plan shall detail the works to be carried out in
order to achieve site conditions suitable for residential development,
including measures to attain agreed contaminant values. Where
contaminant targets are acquired, they shall be agreed in writing by the
Planning Authority in consultation with TEC Services (Contaminated Land
Unit) and the plan shall detail the method to be employed to demonstrate
that target values have been successfully achieved. Prior to the
commencement of works on the foundations of the new building hereby
approved the applicant shall submit a remediation completion certificate
with the written approval of the Planning Authority in consultation with TEC
Services (Contaminated Land Unit)
Reason : In the interests of public health.
5. No works shall commence on the development hereby approved until full
details of the methods to be deployed to make safe the fuel tanks and
associated pipelines within the site have been submitted to and approved
in writing by the Planning Authority in consultation with the Council’s
Petroleum Safety Officer. Thereafter, prior to the commencement of any
works on the construction of the approved building, the remediation works
shall be fully undertaken in accordance with the approved details.
Reason : In the interests of public health.
6. Prior to the commencement of any works on site the developer shall
provide evidence that the land for the customer parking is within their
control. Thereafter, prior to the first operation of the food store the
customer parking shall be fully formed and marked out in accordance with
the approved block plan, drawing no.G1592 AL(0)10 dated 2.10.06, or as
amended by Condition 1 above, and thereafter retained in perpetuity.
Reason : To ensure the customer parking provision can be achieved and is available for construction traffic.
7. Prior to the commencement of works on the foundations of the building
hereby approved, a travel plan shall be submitted to and approved in
writing by the Planning Authority in consultation with the Area Roads and
Community Works Manager. Thereafter the measures agreed in this
travel plan shall be fully implemented in accordance with the approved
details prior to the first operation of the food store.
Reason : In the interests of promoting good transport links and in the interests of road and pedestrian safety.
8. The new access with the Camanachd Crescent shall have visibility splays of
75 metres in each direction, measured from a point 4.5 metres back from
the edge of the carriageway, measured along the centreline of the access.
Prior to the commencement of works on the foundations of the building
hereby approved, 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.
5. ENFORCEMENT and RELATED MATTERS
5.1 ENF/05/023/LO – Unauthorised Siting of Static Caravan and Ancillary Structures at Plot 2, The Shielling, Upper Inverroy, Roy Bridge for Karole Walker
Members Noted that following the Serving of the Enforcement Notice in relation to the above the static caravan and ancillary structures have been removed from the site. It was considered the terms of the Enforcement Notice have been complied with.
As previously intimated Mr. Thomas MacLennan declared an interest in the following item as a Board Member of Highland Opportunities but remained in the Chamber taking no part in the discussion.
6. Proposed Modification of Finfish Farm Lease in Upper Loch Eil
(2 Sites) for the Purpose of Shell Fish Farming
There was circulated Report No. LP-102-06 (853kb pdf) dated 13 December 2006 by the Director of Planning and Development advising that the Crown Estate had consulted Highland Council on an application by Marine Harvest (Scotland) Ltd., to convert its two finfish farming lease areas in upper Loch Eil to shellfish farming.
In considering both the amenity and scale of the above application Members Agreed to support this proposal only if it was scaled down and had the following conditions attached to the development consent:
- The easterly group of longlines on site1 (Rubha Fearna) should be deleted to reduce the impact of the proposed development on the outlook from nearby houses; the easternmost third of the lease area should be deleted accordingly;
- The westernmost third of the proposed lease area for site 1, which abuts the alluvial outwash area of the Garvan River, should be deleted to safeguard the landscape character and amenity value of this area;
- The maximum specification for the westerly group of longlines on site 1 should be changed from 4 x 220m lines to 4 x 300m lines and this group should be orientated so that the centre point of this group is perpendicular to the point on the shore where the jetty is located;
- At site 2 (Rubha Dubh Uisge) the more easterly group of longlines and the easternmost third of the lease area should be deleted to safeguard the landscape character and reduce impact on the outlook from houses at Duisky;
- The maximum specification for the more westerly group of longlines on site 2 should be changed from 3 x 220m lines to 3 x 300m lines, this to be in addition to the proposed shellfish rafts;
- Matt grey buoys and surface gear should be used for all the installations (with the exception of navigation markers) to minimise the visual impact;
- To keep any noise disturbance within reasonable limits, working hours on the site should be restricted to within 07.00–19.00 on weekdays and 09.00–13.00 on Saturdays; work outwith these hours or on Sundays should only be permitted in exceptional circumstances;
- Storage gear should be restricted to the immediate vicinity of the shorebase and fish farm jetty area;
- The site should be fully developed within two years and the installation maintained in good order, failing which the lease should be terminated and the operators should be required to remove all equipment from the site within three months;
- All equipment should be properly secured and in the event of storm damage, repairs should be promptly effected or the damaged gear promptly collected and removed;
- The site should be marked and lit in accordance with the requirements
- Only non-lethal methods of predator control should be used to avoid undue harm to local birdlife.
That in the event that the Crown Estate Commissioners do not accept the imposition of conditions 1 to 5 the Highland Council objects for the following reasons:
- Scale of proposed development would have unacceptable impact on the outlook and amenity of nearby houses;
- The extent of the lease areas at the western end of site 1 and the eastern end of site 2 would allow development which would detract from the landscape character and amenity of the open areas at the mouths of the Garvan River and Duisky burn (An Dubh Uisge)
There being no further business the meeting finished at 11.30 am.