Ross and Cromarty Planning Committee

Minute of Meeting held in the Victoria Suite, Victoria Park, Dingwall on Tuesday 6th February 2006 at 10.30 am.


Present:

Mr B Barclay
Mr D Briggs
Mr D J Chisholm
Mr J Connell
Mr R Durham
Mr R MacIntyre
Mrs V MacIver
Mr E C Mackinnon
Mrs I McCallum
Mr M Macmillan
Mrs M E Paterson
Mr A Rhind
Mr A Torrance

Officers in attendance:

Julie Ferguson, Planning Team Leader
Brian Low, Principal Technician
Susan Blease, Solicitor/Clerk
Cheryl Thomson, Administrative Assistant


Business
(Mrs V MacIver in the Chair)

1. Apologies

Apologies for absence were intimated on behalf of Dr D Alston, Mr A Anderson,
Mrs A MacLean, Mrs J Urquhart and Mrs C Wilson.

Development Control

2.  Hearings

2.1 RP-001-06: Erection of 86 Houses with Associated Road Improvements, Landscape Zone, Cycleway & Play Area (Detail) at Land to South of Golf Club, Great North Road, Muir of rd by Mr H Clark, 60 Farm Road, Glenboig, North Lanarkshire, per McIntyre Associates, 90 Seaward Street, Glasgow
(Application Reference No: 05/00681/FULRC)

The Chairman welcomed the parties to the meeting.  It was confirmed that Mr Graeme Cochrane of David Cochrane Associates and Mr John McIntyre of McIntyre Associates would present the submissions for the applicant.  Mr Donald MacRae would be speaking on behalf of the Muir of Ord Community Council.  There were no objectors present.

The Chairman outlined the hearings procedure, notes on which had been previously circulated. 

There was circulated Report No RP-001-06 by the Area Planning and Building Standards Manager recommending approval of the application, subject to the following conditions:-

  1. Full details of the proposed safer route to schools provision, open spaces, children’s play area shall be submitted for the approval of the Planning Authority, in writing, before commencement.  Development shall proceed sequentially through the approved phases with no phase commencing until two thirds of the preceding phase is complete.

    Reason: To ensure the proper development of the site.

  2. Access to the site shall be from the A862 and designed in accordance with the Design Manual for Roads and Bridges, Volume 6, Section 2, Part 6, TD42/95, and based on a speed limit of 40 mph.  All roads shall be designed in accordance with the adoptive standards of the Roads Authority and thereafter constructed in accordance with the details which shall be submitted to and require the approval in writing from the Planning Authority in consultation with the Roads Authority.  No buildings shall be constructed until such time as Road Construction Consent has been granted for the site access road.

    Reason: In the interests of road traffic and pedestrian safety.

  3. A 40 mph speed limit sign for Muir of Ord shall be positioned to the South of the approved development at a location agreed with TEC Services (Transport) prior to the completion of works to the ghost island junction.

    Reason: In the interests of road traffic and pedestrian safety.

  4. At least the first 5 metres of the access to the each plot shall be surfaced in bituminous macadam or a suitable hard material, internal parking for at least two vehicles shall be provided and no surface water shall be allowed to enter or leave the site, from or onto the public road.

    Reason: In the interests of road safety.

  5.  All internal estate roads and footpaths shall be constructed to the adoptive standards of the Roads Authority, which shall incorporate home zones concepts and no buildings shall be constructed until such time as Road Construction Consent has been granted.

    Reason: In the interests of road safety.

  6. That the bus layby, with bus shelter, adjacent to the site and the pelican crossing shall be constructed in accordance with the Highland Council’s Road Guidelines for New Developments before construction commences on the housing development hereby approved.

    Reason: In the interests of road safety. 

  7. The houses shall be finished with dark (anthracite) grey coloured concrete tiles and wet dash harling, coloured white with artificial stone basecourses and detailing, and any variation shall require the prior approval of the Planning Authority.

    Reason: In the interests of amenity.

  8. Any proposals to establish an electricity switching station within the site shall specifically require the consent of the Planning Authority.  The existing overhead electricity line which runs parallel to the Teandalloch road shall be undergrounded by Scottish & Southern Energy, at the developer’s expense.

    Reason: In the interests of amenity and public safety.

  9. The proposed equipped children’s play area shall be incorporated within Phase 2 of the development (and not Phase 4 as shown on the plans submitted)  It shall be equipped with a pre-school children’s play area and a play area for children aged 4-8 years, the specification of which shall be agreed with the Planning Authority in consultation with the Education Culture & Sport Service and available for use prior to the occupation of the last house in Phase 2 of the overall development.  The area shall not be used thereafter for any purpose other than as a play area/open space.  The play area shall be securely fenced from the public road with details being approved in writing by the Planning authority.

    Reason: In order to secure a satisfactory level of provision associated with the development and in the interests of public safety.

  10. All surface water drainage arrangements shall comply with the principles of sustainable urban drainage systems in accordance with the supporting information submitted and approved by Scottish Environment Protection Agency and all proposals detailed therein shall be implemented in accordance with the phases of the development, to the complete satisfaction of Scottish Environment Protection Agency.

    Reason: In order to ensure that the site is properly drained.

  11. Prior to the commencement of development, a fully detailed scheme of landscaping for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority.  All planting thereby approved shall be undertaken within the first phase of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance.  Any plants which, within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced in the immediately following planting season with others of a similar size and species.

    Reason: In the interests of amenity and in order to ensure that the development is adequately screened.

  12. The landscaped areas, children’s play area, footpath links and any other communal areas shall be maintained to the satisfaction of the Planning Authority, in perpetuity, with any management arrangements being submitted for the prior written approval of the Planning Authority.  The developer shall provide a financial security which shall be lodged with the Council which will cover the cost of provision and subsequent maintenance of any said amenity and play areas within individual phases on the basis of aggregating costs.  No development can commence on individual phases until the aforesaid security is lodged with The Council.

    Reason: In the interests of amenity.

  13. Prior to the commencement of development, a programme of archaeological work for the preservation and recording of any archaeological features affected by the proposed development, including a timetable for investigation, shall be submitted to and require the approval in writing of the Planning Authority in consultation with the Highland Archaeologist.  All arrangements thereby approved shall be implemented in accordance with the approved timetable for investigation.

    Reason: In order to ensure that the protection of the archaeological interest of the site.

  14. As no football/kick-about area/formal recreation space has been made available within the site consistent with the requirements of the Council’s Development Plan Policy Guidelines,   the applicant shall make provision for a similar development within the Community of Muir of Ord or shall contribute an equivalent sum to the Council for the purpose of providing for the recreational needs resulting from the development hereby approved.

    Reason: To ensure adequate recreational provision in the locality

  15. Prior to any development commencing, the Applicant shall provide, by way of an assessment of potential contamination issues, evidence that the site is suitable for its proposed use.  Such an assessment shall be consistent with the approach to land contamination contained in Planning Advice Note 33, and with the British Standard for investigation of potentially contaminated sites (BS10175:2001).  Should contamination be found, the Applicant shall submit a written remediation strategy and effect remediation in consultation with TEC Services, such that the site is suitable for use.

    Reason: To ensure that contamination is dealt with in an appropriate manner.

  16. That the "Requirements for Constructional Work On or Near Railway Operational Land" as contained in Network Rail’s letter of 29th July, 2005, shall be complied with in full to the satisfaction of Network Rail.

    Reason: To ensure compatibility with adjacent land uses.

  17. The boundary treatment along Teandalloch road shall comprise hedge planting by the developer on the inside of the existing drystone dyke.  No screen fencing shall be allowed in this location.  Elsewhere within the development screen fencing extending to 1.8 metres in height may be provided along the rear boundary of properties and between individual houses to the rear of the building line of any property.  In locations where properties have frontages onto two roads, screen fencing shall not project forward of the building line of any house towards the road, unless with the prior written approval of the Planning authority.  All screen fencing shall comprise vertically slatted, close boarded timber fencing.

    Reason: In the interests of amenity.

     
  18. The drystone dyke to the site boundary with the A862 and the unclassified road to Lower Ardnagrask Farm shall be repaired to the satisfaction of the Planning Authority prior to the first occupation of the dwellinghouses in the phases herby approved.  For the avoidance of doubt, the boundary treatment to the dwellinghouses adjacent to the road leading to Lower Ardnagrask Farm shall be the drystone dyke.  A 1.8 metre high timber fences will not be permitted in this location.

    Reason: In the interests of amenity.

  19. Prior to the issue of approval of any Reserved Matters Application to follow hereon the developers or, if the developers are not proprietors of the site, the proprietors shall enter into agreement with the Planning Authority under Section 75 of the Town and Country Planning (Scotland) Act 1997 to secure the provision of affordable housing at the rate of 25% of the number of units in each phase or such number as shall ensure that the total number of affordable houses in Phases 1 to 4 inclusive shall be no fewer than 21.  The nature of the affordable housing to be provided for in terms of the agreement shall be determined by the Planning Authority in accordance with contemporary Council policy, best practice and the legislative framework at the time of the relevant phase, all in accordance with the objectives of the Ross & Cromarty East Local Plan.

    Reason: To ensure the proper development of the site.

  20. That within each phase there shall be included provision for affordable houses at the rate of 25% of the number of houses in each phase or such number as shall ensure that the total number of affordable houses in Phases 1 to 4 inclusive shall be no fewer than 21.  This shall be secured in accordance with the Section 75 Agreement(s) to be made between the developers and/or proprietors of the site in accordance with Condition 19.  This will require the phasing plan to be amended to the written satisfaction of the Planning Authority, before any work commences on site.


Reason: To ensure the proper development of the site.



The Planning Team Leader outlined the application, the policies applicable to the site and the key material considerations in determining the application.  She explained that this was a new application and not an application for approval of reserved matters pursuant to the outline application previously granted (04/00696/OUTRC).  She reminded members that the outline application had originally included an indicative plan for 111 houses which was reduced to 87 houses.  The committee had approved that application without accepting the layout or number of houses proposed.  The new full application was for 86 houses, which included 21 affordable houses.  The R&CE Local Plan identified the site as a low density, mixed use site for residential and commercial development as part of the expansion of Muir of Ord.  It specified 30 houses for the site, on the basis that 50% of the site would be for commercial development.  If the whole site were to be residential, this would suggest a maximum of 60 – 66 houses (given the allowance for 10% over the indicative capacities shown in the Local Plan).   

Mr Cochrane then addressed the Committee.  He advised that the applicant had looked closely at the Local Plan and felt that a development of only 66 houses was unviable, particularly in view of the requirement for 25% of the houses to be affordable. The proposal for 86 houses would allow a total of 21 affordable houses.  This would not be overdevelopment of the site as the proposed house plots were of a generous size. 

He then described the proposed plans for each phase of the development.  In Phase 1 to the east of the site, they would build 30 units including 13 affordable houses on plots 11-23 to the south-east. The children’s play area would be provided as part of Phase 2.  The developer would ensure that construction traffic did not interfere with the occupied Phase 1 properties.  Phase 3 would include the remainder of the affordable houses on plots 35 to 42 to the south and Phase 4 would complete the development to the north.

The development would be accessed in from the (A862) Beauly main road, and the applicant would be prepared to extend the 40mph restriction speed limit on this main road.  He highlighted that the proposed road layout had been designed in accordance with TEC Services’ requirements.  The applicant also planned to reinstate the drystone dyke at the site boundary and would be able to provide a cycleway.  The proposed SUDS drainage system had been approved by SEPA

Photographs of samples of the various types and designs of houses proposed were circulated.

Members enquired about the numbers of affordable houses, the design and the method of making these available.  Mr Cochrane advised that the applicant had not as yet commenced detailed discussion with any social housing provider as to the type of affordable housing tenure to be promoted.  They had simply, at this stage, identified the number and location of the affordable housing plots and these had been approved by the Highland Council’s Housing Development section.

The Principal Technician was then asked to comment.  He highlighted that any matters arising would be resolved at the construction stage.  He had no concerns and was happy with the applicants’ proposals to set back the alignment of the wall to improve the visibility on the access road, to provide a pelican crossing, bus bay and right hand turn lane into the development and to extend the 40mph restriction speed limit.

Mr MacRae then addressed the Committee on behalf of the Community Council. They did not object to the application but stressed that there was a lack of community facilities in Muir of Ord.  They were concerned that the affordable houses were going to be located furthest away from the village at the south end part of the site.

There being no further questions by members, the Chairman thanked the applicants’ agents for their submission and asked them to confirm whether they were satisfied with the way in which the hearing had been conducted.   The applicants’ agents confirmed that they were satisfied with the conduct of the hearing.

The Planning Team Leader then outlined her report and recommendation.  She also proposed that the Conditions 19 and 20 in her report be deleted and replaced with the following condition: 

19. Prior to any commencement of development on site the developers shall enter into an agreement under section 75 of the Town and Country Planning (Scotland) Act 1997 with the Planning Authority to regulate the provision of affordable housing on plots 11 to 23 and plots 35 to 42 as shown on Plan 1 of 5 hereby approved (or any subsequent variation thereof approved by the Planning Authority).  This agreement shall include specification of the type or types of affordable housing (as defined in section 3 of the Council’s Development Plan Policy Guidelines on Affordable Housing which is appended hereto) to be provided on the said 21 plots, the mechanism for their provision as affordable housing and the timescale for their completion. The agreement should also include the price which should be based on Community Scotland Benchmark figures applicable at that time. The concluded agreement shall be recorded against the title to the development site prior to commencement of development on the site so as to be binding on successive proprietors of the site for as long as this consent remains capable of implementation.  

Reason: In order to ensure compliance with the Authority’s affordable housing policy and in the interest of meeting affordable housing needs in the area.

Mr D Chisholm agreed with the comments by Mrs Rose quoted in the Report stating that there were insufficient amenities in Muir of Ord.  He had concerns about what impact the development would have on the nearby road and the speed of the traffic, but emphasised that he would not like to see both residential and business used on this site, as laid down in the local plan. 

He was delighted to see that the applicant was to provide 21 affordable houses as it was something that was needed in Muir of Ord.  

Mr D Briggs was concerned at the proposed density of development, and considered that a lower density of 66 houses would be more appropriate on this edge-of-town site. He pointed out that they were only gaining 4-5 additional affordable homes with the proposed development of 86 houses.  He felt that if this site were located in the middle of the village then the proposed density of housing would be more acceptable.  He had doubts as to the accuracy of the applicants’ statement that a 66 house development was not viable.

Mr E MacKinnon also expressed concern at the density of the development.  He felt that further discussions had to take place between TEC Services on positive traffic calming measures.  He agreed with the issue raised by the Community Council that the affordable houses were being located at the wrong side of the village.

Mr D Chisholm did not feel that the proposed location of the affordable houses was an issue as they were considering affordable housing and not housing for disabled people.

Mr M McMillan expressed reservations over the distribution and nature of the affordable housing shown on the indicative layout plan. He stated that the affordable houses should not be easily identifiable as seemed to be the case in the plan.

Following debate, Mr D Chisholm seconded by Mrs M E Paterson, moved that the application be approved, subject to the conditions stated in the report, the deletion of Conditions 19 and 20 and the following conditions amended:

3.    A 40 mph speed limit sign for Muir of Ord shall be positioned to the South of the approved development at a location agreed with TEC Services (Transport) prior to the completion of works to the ghost island junction, at the developer's expense, and traffic calming shall be provided on the A862, adjacent to the site frontage with details being submitted for the written approval of TEC Services (Transport), and all works shall be completed to their satisfaction prior to the occupation of the first house.

Reason: In the interests of road traffic and pedestrian safety.

5.    All internal estate roads, street lighting and footpaths shall be constructed to the adoptive standards of the Roads Authority, which shall incorporate home zones concepts and no buildings shall be constructed until such time as Road Construction Consent has been granted.

Reason: In the interests of road safety.

11.    Prior to the commencement of development, a fully detailed scheme of landscaping for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority.  All planting thereby approved shall be undertaken within the first phase of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance.  Any plants which, within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced in the immediately following planting season with others of a similar size and species.  Landscaping adjacent to the junction of the Teandalloch Road with the A832 and adjacent to the railway bridge shall be held back and maintained outwith the visibility splays to the satisfaction of TEC Services (Transport).

Reason: In the interests of amenity and in order to ensure that the development is adequately screened.

14.    As no football/kick-about area/formal recreation space has been made available within the site consistent with the requirements of the Council's Development Plan Policy Guidelines, the applicant shall make provision for a similar development within the community of Muir of Ord or shall contribute an equivalent sum to the Council for the purpose of providing for the recreational needs resulting from the development hereby approved.  If an equivalent sum is to be provided, fifty per cent shall be paid before the development commences and the remaining fifty per cent shall be paid on completion of the 43rd house.

Reason To ensure adequate recreational provision in the locality.

16. That the "Requirements for Constructional Work On or Near Railway Operational Land" as contained in Network Rail's letter of 29th July, 2005, shall be complied with in full to the satisfaction of Network Rail.

Reason: To ensure compatibility with adjacent land uses.

19.    Prior to any commencement of development on site, the developer shall enter into an agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 with the Planning Authority to regulate the provision of affordable housing on Plots 11 to 23 and Plots 35 to 42 as shown on Plan 1 of 5 hereby approved (or any subsequent variation thereof approved by the Planning Authority).  This agreement shall include specification of the type or types of affordable housing (as defined in Section 3 of the Council's Development Plan Policy Guidelines on Affordable Housing which  is appended hereto) to be provided on the said 21 plots, the mechanism for their provision as affordable housing and the timescale for their completion.  The concluded agreement shall be recorded against the title to the development site prior to commencement of development on the site so as to be binding on successive proprietors of the site for as long as this consent remains capable of implementation.

Reason: In order to ensure compliance with the Authority's affordable housing policy and in the interests of meeting affordable housing needs in the area.


Mr D Briggs, seconded by Mr R Durham, moved as an amendment that the application be refused on the ground that the proposed number of houses constituted over development of the site.

Mr M Macmillan moved as second amendment that the application be deferred for amendment of the site layout to provide greater integration of the affordable housing units.  The second amendment proposed by Mr M Macmillan failed to find a seconder and therefore fell.

On a vote being taken by roll call Dr B Barclay, Mr D Chisholm, Mr J Connell, Mr R MacIntyre, Mrs V MacIver, Mr E MacKinnon, Mrs M E Paterson and Mr A Torrance voted in favour of the motion and Mr D Briggs, Mr R Durham, Mr Macmillan and Mrs I McCallum voted in favour of the amendment.  There being eight votes in favour of the motion and four votes in favour of the amendment, the MOTION became the finding of the meeting.  

The meeting ended at 12.00 noon