Minute of Meeting of the Ross and Cromarty Planning Committee held in the Ross Suite, Victoria Park, Dingwall on Tuesday, 23rd May 2006 at 10.30 am.
Present:-
Mr D Alston (Item 4.2 – 7.)
Mr A Anderson (Items 1 – 4.6)
Mr B Barclay
Mr D W Briggs
Mr R Macintyre
Mrs V MacIver
Mr E C MacKinnon
Mrs A MacLean (Item 4.8 – 7.)
Mrs I McCallum
Mr A Rhind
Mr A Torrance
Officers in attendance:
Jim Farquhar, Area Planning and Building Standards Manager
Julie Ferguson, Team Leader
Jim Yuill, Principal Engineer
Robin Fraser, Environmental Health Officer
Kenny MacInnes, Economic Development Co-ordinator, Headquarters (Item 2)
Susan Blease, Solicitor/Clerk
Stuart Livingstone, Senior Administrative Assistant
Cheryl Thomson, Administrative Assistant
Business
(Mrs V MacIver in the Chair)
1. Apologies
Apologies for absence were intimated on behalf of Mr D J Chisholm, Mr J R Connell, Mr R W Durham, Mr M Macmillan, Mrs M E Paterson, Mrs J Urquhart and Mrs C Wilson.
2. Inner Moray Firth Ports and Sites: Final Strategy
There was circulated Report No RP-085-06 by the Director of Planning and Building Development asking the Committee to approve the finalised Inner Moray Firth Ports and Sites Strategy Document.
At its meeting on 11 October 2005, the Committee considered a paper detailing a Draft Strategy for the major ports and industrial sites around the Inner Moray Firth undertaken by a Working Group of six Members with input from the major agencies with development, national infrastructure and transport agencies responsibilities in the area. It had been agreed that the draft Strategy form the basis for public consultation and that subsequent developments be reported to the Committee prior to consideration at the Planning Development Europe and Tourism Committee (PDET).
The Economic Development Co-ordinator, presenting the Report, advised that two public meetings had subsequently been held in Invergordon and Inverness. A summary of the representations made at those meetings was set out at Annex 1 to the Report and a synopsis of all written and verbal representations made during the consultation was set out at Annex 2. As a result of these consultations an amended version of the Strategy had been produced and this was also circulated. The Economic Development Co-ordinator highlighted these amendments and invited the Committee to approve them and to recommend approval of the amended draft by the PDET Committee as the finalised Inner Moray Firth Ports and Sites Strategy document.
The Committee agreed to APPROVE the amendments to the Strategy and to recommend that the amended Strategy be approved at the Planning Development Europe and Tourism Committee on the 31st May 2006 as the finalised Inner Moray Firth Ports and Sites Strategy.
Development Control
3. Items Previously Considered
3.1 Change of Use of Coalyard to Screening, Crushing & Grading of Pre-Used Inert Stone at Station Yard, Allangrange, Tore, Muir of Ord, IV6 7D by Mr Ronald Ferguson, Per Reynolds Architecture Ltd, Pavilion Court, Dingwall
(Application Reference No: 05/00672/FULRC)
There was circulated Report No RP-086-06 by the Area Planning and Building Standards Manager on the above application for planning permission which was originally considered by the Committee at its meeting on 14th March 2006. Consideration of the application had been deferred to investigate taking the access to the proposed development via the adjacent yard to enable the retention of the mature trees to the West of the existing storage building. There was re-circulated Report No RP 035/06 for Members’ information.
The Committee was asked to reconsider the application and it was recommended that the application be approved subject to the following conditions:-
- The permission hereby granted shall endure for a period of six months from the date of this consent, within which period, unless with the express approval of the Planning Authority, the site shall have been cleared, including the removal of the stone crusher and bund and thereafter reinstated.
Reason: In order to allow the Planning Authority to retain effective control over this development which is temporary by nature.
- Prior to the commencement of the development, the surface water drainage proposals shall be approved in writing by the Planning Authority in consultation with the Scottish Environmental Protection Agency.
Reason: In order to ensure that the site is properly drained.
- The access onto the public road shall be provided to the guideline standards of the Roads Authority prior to the first use of the development hereby approved, and shall include the following: (a) It shall be surfaced in bituminous macadam for at least the first 10 metres from the edge of the public road (the gradient of the access over the first 5 metres must not exceed 1:16); (b) Positive drainage provision ensuring no surface or ground water flows from or onto the site from the public road; and (c) Visibility splays of 2.5 x 120 metres shall be provided and maintained thereafter in perpetuity (with no obstructions over 0.9 metres in height from the road level within the visibility splays). For the avoidance of doubt, the scrub identified in the hatched area on Plan 1 of 2 hereby approved shall be cleared and this land shall be maintained free of shrubs in perpetuity.
Reason: In the interests of road safety.
- For the avoidance of doubt, the access shall be via the adjacent yard and not via the road in front of the Station House which shall be blocked off from the yard in a manner and to a standard to be agreed in writing with the Planning Authority.
Reason: In the interests of amenity.
- The level of noise emitted from the site shall not exceed 50 dB(A)leq,T between 8.00 am – 6.00 pm Monday-Friday as measured at the boundary of the nearest sensitive property.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- Unless otherwise approved in writing by the Planning Authority, the approved development (for the avoidance of doubt this also includes the delivery and export of materials to/from the site) shall only operate between the hours of 08.00 – 18.00 Monday-Friday.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- Notwithstanding the submitted plans hereby approved, no trees on this site shall be lopped, topped, felled or otherwise damaged without the prior written permission of the Planning Authority.
Reason: In order to ensure the protection of existing trees within the site.
- All planting comprising the scheme of landscaping as detailed on the approved plans for the outside bund shall be undertaken and protected in the first planting season following the commencement of the development according to the tree planting specification attached. Any plants which, within a period of five years from the commencement 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.
- For the avoidance of doubt, the material to be brought on site shall be concrete or similar inert material and specifically shall not include metals, timber or hazardous materials (such as asbestos).
Reason: In the interests of public health.
- Prior to the commencement of the development hereby approved, the dust suppression measures for the stone crushing machine and the operation of the site shall be submitted for the written approval of the Planning Authority after consultation with TEC Services (Environmental Health).
Reason: In the interests of amenity.
The Area Planning and Building Standards Manager asked the Committee, if minded to approve the application, to consider whether the working hours recommended in condition 6 were appropriate and in particular whether Saturday working should be permitted.
Mr D Briggs expressed concern at the close proximity of the proposed operation to people’s houses and felt that the application should be refused for the reasons stated in a previous report. If, however, the Committee were minded to approve the application he requested that the working hours of operation recommended in condition 6 be approved without alteration.
Following debate, Mrs I McCallum, seconded by the Chairman, moved that the application be approved subject to the conditions recommended in the report with no weekend working.
Mr D Briggs moved as an amendment that the application be refused on the ground of unacceptable detriment to the residential amenity of residents in the area. The amendment failed to find a seconder.
The application was accordingly APPROVED subject to the conditions recommended in the Report (Mr D Briggs dissenting).
4. Applications for Planning Permission
There were circulated Reports Nos RP 087/06 - RP 099/06 by the Area Planning and Building Standards Manager relating to individual planning applications. The Committee AGREED to determine these applications as follows : -
4.1 Erection of House & Garage (Detail) at Plot 2, Rear of Tigh nan Leacan, Chapel Road, Tain, IV19 1JE by Dusty Vass Ltd, c/o MacBeath Associates, Architects, Kindeace, Invergordon
(Application Ref No 05/00158/FULRC)
There was circulated Report No RP-087-06 by the Area Planning and Building Standards Manager recommending approval of the application, subject to the following conditions:-
- Prior to the first occupation of the dwelling, the new vehicular access onto Chapel Road shall be formed and the first 5m surfaced with bitmac, the boundary wall lowered to no more than 1.05m in height over the length indicated on the plans, and the footpath area within the road carriageway white lined, all to the satisfaction of the Roads Authority.
Reason: In the interests of road safety.
- Prior to the first occupation of the dwelling, the parking and turning area indicated on the approved plans shall be formed, and thereafter retained for this purpose.
Reason: In the interests of road safety.
- In the first planting season following the commencement of development, the beech hedge shall be replanted as indicated on the plans hereby approved, and thereafter maintained to the satisfaction of the Planning Authority.
Reason: In the interests of visual amenity.
- Prior to the commencement of development, a scheme for the landscaping of the site, to include any trees to be felled and their replacement, and measures to protect the trees to be retained from damage during construction works, shall be submitted to and approved in writing by, the Planning Authority. The scheme thereby approved shall be implemented in full and replacement planting carried out during the first planting season following the commencement of development, and thereafter maintained to the satisfaction of the Planning Authority.
Reason: In the interests of visual amenity.
- The existing stone boundary walls shall be maintained in perpetuity by the developer to the satisfaction of the Planning Authority.
Reason: In the interests of visual amenity.
Mr A Torrance requested that it be noted that he had concerns about the proposed access being located on a bend and about the steepness of the short driveway.
However, the Committee agreed to APPROVE the application subject to the conditions set out in the report.
4.2 Erection of Four Houses at Plots A-D Sand, Laide, Achnasheen by MacRae Brothers, Laide, Achnasheen, IV22 2NP
(Application Ref No 05/01031-1034/OUTRC)
There was circulated Report No RP-088-06 by the Area Planning and Building Standards Manager recommending approval of the application, subject to the following conditions:-
- Standard Outline condition and reason.
- The access onto the public road with a service layby shall be provided to the guideline standards of the Roads Authority, prior to the first use of the developments hereby approved and shall include the following: (a) It shall be surfaced in a recognised bituminous material for the first 10 metres from the public road (gradient of the access over the first 5 metres must not exceed 1:16); (b) Positive drainage provision ensuring no surface or ground water flows from or onto the site from the public road; (c) Visibility splays of 2.5 x 90 metres shall be provided and maintained thereafter in perpetuity (with no obstructions over 0.9 metres in height from the road level within the visibility splays) and (d) that the roadside drain under the service layby shall be culverted to the satisfaction of the Roads Authority.
Reason: In the interests of road safety.
- Prior to the development commencing, details of the existing drain and cross road culvert shall be submitted in section form, for the written confirmation of the Planning Authority, in consultation with TEC Services (Transport), that the existing drain and cross road culvert will have sufficient capacity to cope with the increased run-off volume, and any improvements required to the drain and cross road culvert by the Roads Authority shall be implemented.
Reason: In the interests of road safety.
- Prior to the first use of the developments hereby approved, an audit shall be undertaken on the existing public road serving Sand, at the applicants expense in accordance with the requirements of TECS (Transport) and; two passing places shall be provided on the private access road from the public road to the plots.
Reason: In the interests of road safety.
- Prior to the first use of the development hereby approved one additional passing place to the adoptive standards of the Roads Authority shall be constructed on the adopted road at a location to be agreed with TEC Services (Transport).
Reason: In the interests of road safety.
- Parking and turning for at least two vehicles shall be provided and maintained within each plot so that all access to and from the site can be undertaken in a forward gear prior to the first use of development hereby approved.
Reason: In the interests of road safety.
- A storage area for wheelie bins shall be provided adjacent to the bellmouth access with the public road, but outwith the visibility splay, and surfaced in an appropriate material, prior to the first occupation of the development hereby approved.
Reason: In the interests of road safety.
- That the existing overhead line within the site shall be protected with height restriction goalposts which shall be erected in accordance with Health & Safety Guidance Note GS6 prior to the commencement of development.
Reason: In order to safeguard existing services within the site.
- No development shall commence until evidence is exhibited to the Planning Authority that an agreement has been reached by the applicant with Scottish Water for the provision of a water scheme to serve the development.
Reason: To ensure an acceptable development.
- 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 and protected in the first planting season following completion 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.
- Prior the commencement of development, a photographic record shall be made of the remains of old buildings and/or other features affected by the proposed development on Plots A & B, in accordance with the attached specification, and shall thereafter be submitted to the Planning Authority. No site clearance work shall take place until confirmation in writing has been received from the Planning Authority that the record made has been lodged and is satisfactory.
Reason: In order to protect the historic interest of the site.
- The dwellinghouse shall be of traditional design. There shall be a large proportion of masonry to window area with the design of the windows having a vertical emphasis. The property shall be a maximum of one and a half storeys in height. The roof pitch shall be no less than 40º and the roof shall be finished in natural slate.
Reason: In the interests of amenity.
- The drainage arrangements shall comprise a septic tank and mounded soakaway system to the satisfaction of the Building Standards and any variation shall require the prior written approval of the Planning Authority in consultation with Building Standards.
Reason: In the interests of public health.
- The design of the units hereby approved shall demonstrate with the submission of a sustainable design statement (SDS) that the principles of designing for sustainability as defined in the Council’s Policy are being incorporated. Failure to submit such a statement or to achieve adequate standards relative to this policy will result in the Reserved Matters being deferred or refused.
Reason: In order to ensure that the development accords with Structure Plan Policy G2.
- That the stone within the redundant crofthouse buildings and derelict drystone walls shall be used to repair the drystone walls and/or be used in the construction of the dwellinghouses hereby approved.
Reason: In the interests of amenity and to ensure the sustainable use of building materials.
- Prior to the commencement of development, details of the proposed access in terms of the route to all four houses, the width and the materials to be used, particular consideration shall be given to how the burn will be crossed, shall be submitted to and require the approval in writing of the Planning Authority after consultation with Scottish Natural Heritage.
Reason: In the interests of amenity.
The Area Planning and Building Standards Manager made reference to Scottish Water’s objection and comments set out in the report. He explained that this type of objection by Scottish Water was now being routinely made to developments across the Highlands. Rather than recommending refusal of otherwise acceptable applications on the basis of this type of objection, however, he was adopting a practice of recommending approval subject to a suspensive condition preventing commencement of development until it was demonstrated that Scottish Water’s requirements were met. This was the basis for Condition 9 recommended in his Report.
He further advised that he now recommended revisal of Condition 12 set out in his report to read:
12. For the avoidance of doubt, the indicative designs submitted with the application are not hereby approved. The designs shall incorporate local materials by recycling or by local sourcing and shall provide modern space standards in a design and style that recognises and embraces scale and proportion of local architectural character (see condition 14 above)
Reason : In the interests of achieving a progressive architectural solution.
Mr R MacIntyre recommended that an additional condition requiring :
• That there be no commencement of development until a baseline survey of the public road had been carried out and requiring the developer to undertake any repairs required as a result of any damage to the road caused by them.
Reason: In the interests of minimising damage to the fragile local road system.
He further requested that the Area Planning and Building Standards Manager discuss with the Director of Planning a consolidated response from the Council to Scottish Water on water issues.
The Committee agreed to APPROVE the application subject to the conditions set out in the report with the recommended revisal of Condition 12 and the additional condition proposed by Mr R MacIntyre as set out above.
4.3 Erection of Retaining Wall (Retrospective) at Culbokie East, Culbokie by Deveron Homes Ltd
(Application Ref No 06/00090/FULRC)
There was circulated Report No RP-089-06 by the Area Planning and Building Standards Manager recommending approval of the application as submitted.
The Committee agreed to APPROVE the application.
4.4 Erection of House & Garage (Outline) at Land to North of Ferryton House, Balblair by Mr & Mrs T Curtis
(Application Ref No 06/00113/OUTRC)
There was circulated Report No RP-090-06 by the Area Planning and Building Standards Manager recommending refusal of the application, for the following reasons:-
- The proposal is contrary to Structure Plan policy H3, Ross and Cromarty East Local Plan Proposed Modifications to Deposit Draft (prior to Public Local Inquiry) Policies GSP 10 and the councils Development plan Policy guidelines in that the site is located within the Hinterland Around Inverness and is outwith any defined settlement or housing group, no land management justification or related family purposes have been demonstrated, and none of the listed policy exceptions apply.
- The proposal would set an undesirable precedent making it difficult to resist further housing plots in the vicinity which cumulatively would undermine the Council’s Housing in the Countryside policies, ultimately to the overall detriment to the rural character of the area.
- The applicant has failed to provide a foul water disposal system which fully complies with the Building Regulations (Scotland) 2004, or demonstrate that the site can connected into the public drainage system.
The Committee agreed to REFUSE the application for the reasons set out in the report.
4.5 Erection of House (Outline) at Land at Newmore Wood, Invergordon by Mr J McBrearty, Corinth House, Broad Highway, Cobham, KT11 2RR
(Application Reference No 06/00142/OUTRC)
There was circulated Report No RP-091-06 by the Area Planning and Building Standards Manager recommending refusal of the application for the following reasons:-
- The proposal is contrary to Approved Structure Plan Policy H3 as it falls within the Hinterland Around Towns Area where there is a strict presumption against development unless there is a Land Management Justification. No such justification has been submitted in this case.
- The proposal is contrary to Council Policy 6.35 in the emerging Ross and Cromarty East Local Plan and is not in accordance with the approved Development Plan Policy Guidelines for Housing in the Countryside. Specifically there is no recognised justification for a house in relation to the management of forestry.
The Committee agreed to REFUSE the application, for the reasons stated in the report.
4.6 Erection of Two Houses (Outline) at Land at Fox Farm Woodland, Ardross by Fiona Beattie, Kambr, Ardross, IV17 0YD
(Application Ref Nos 06/00160/OUTRC & 06/00161/OUTRC)
There was circulated Report No RP-092-06 by the Area Planning and Building Standards Manager recommending the following:
Approval of application ref no. 06/00160/OUTRC subject to the following conditions:-
1. Standard Outline condition and reason.
2. The house shall be single or one and a half storeys in height, be of traditional design and materials to complement existing development in the area and it shall be finished with a dark grey roof. The house shall be orientated generally with its ridge running parallel to the public road and the reserved matters referred to at Condition 1 above shall include cross sections to demonstrate a satisfactory relationship of the development with existing topography.
Reason: In the interests of amenity.
3. Prior to development commencing on the house hereby approved, the access onto the B9176 shall be improved to the satisfaction of the Roads Authority, comprising visibility improvement to the south side and deepening of the junction area marginally to allow two cars to pass.
Reason: In the interests of road safety.
JUSTIFICATION FOR DEPARTURE: The approval of a suitably designed single house would comply generally with the Council’s policy for housing in the countryside within the Natural Heritage Area, contained within the emerging Ross & Cromarty East local Plan Deposit Draft with modifications (post PLI and in accordance with the Reporter’s recommendations)
Refusal of application ref no. 06/00161/OUTRC for the following reasons:-
- The proposal is contrary to Approved Structure Plan Policy H3 as it falls within the Hinterland Around Towns Area defined in the Structure Plan, where there is a strict presumption against development unless there is a land management justification. No such justification has been submitted in this case.
- The proposal is contrary to the Council’s Draft Policy for housing within the Natural/Heritage zone, within the Ross & Cromarty East Local Plan Deposit Draft with Modifications, in that it is not located within the existing limits of the settlement at Stittenham, lying within an area of semi-natural woodland, where there is a presumption in favour of maintaining such landscape/natural habitat.
- The proposal constitutes sporadic linear development and does not represent the planned expansion of any settlement. Approval of the application would create an undesirable precedent making it difficult to resist similar proposals which cumulatively undermine the Council’s Housing in the Countryside Policies, ultimately to the overall detriment of the rural character of the area.
Following debate, Mr A Anderson, seconded by Dr D Alston moved that both applications be approved, and justified departing from the Area Planning and Building Standards Mangers recommendation on the grounds that the two houses proposed would complete the existing settlement at Stittenham and create a balanced development on both the other side of the road. This motion was to approve both houses subject to the same conditions as those recommended in application 06/00160/OUTRC, with a requirement that details of the design of the proposed houses when submitted for approval of Reserved Matters be referred back to the Committee for consideration.
The Chairman, seconded by Mr R MacIntyre, moved that application reference no. 06/00160/OUTRC be approved subject to the conditions set in the report and application reference no. 06/00161/OUTRC be refused for the reasons stated in the report.
On a vote being taken by roll call Dr D Alston, Mr A Anderson, Mr B Barclay, Mr D W Briggs, Mr E C Mackinnon, Mrs I McCallum, Mr A Rhind and Mr A Torrance voted in favour of the motion. Mr R MacIntyre and Mrs V MacIver voted in favour of the amendment.
There being eight votes in favour of the motion and two votes in favour of the amendment, the MOTION became the finding of the meeting. It was also agreed that both Reserved Matters in respect of both houses should include a requirement to submit a sustainable design statement for approval and that there be no commencement of development until a Section 75 Agreement had been concluded prohibiting further development of any sort on the land holding.
4.7 Change of Use from Shop to Financial, Professional or Other Services at 15 High Street, Dingwall by Annfield Assets Ltd, per HRI Architects, 17 Queensgate, Inverness
(Application Ref No 06/00176/FULRC)
There was circulated Report No RP-093-06 by the Area Planning and Building Standards Manager recommending refusal of the application, for the following reasons:-
- The application fails to comply with Policy C1 of the Ross & Cromarty East Local Plan – Proposed Modifications to Deposit Draft (Prior to Public Local Inquiry) 2005, as the development would introduce a Class 2 (office) use at ground floor level within the central area of Dingwall High Street where it would interrupt a continuous retail frontage.
- The development is contrary to Policy C0 3.12 of the adopted Mid Ross Local Plan which presumes against the introduction of non-retailing premises along the shopping frontages of the High Street.
The Area Planning and Building Standards Manager at the meeting advised that the words “generally describes as office use” in the first sentence in Para 6.1 in his report should be deleted as incorrect and in Reason 1, the words “Class 2 (Office)” should be corrected to “Class 2 (Financial, Professional and Other Services)”.
The Committee agreed to REFUSE the application, for the reasons set out in the report as so corrected.
4.8 Erection of House & Garage (ARM) and Temporary Siting of Caravan at Land to South of Birchwood, Allangrange, Tore by Mr S MacLennan, per Reynolds Architecture Ltd, 3 Pavilion Court, Dingwall, IV15 9SH
(Application Ref No: 06/00219/REMRC)
There was circulated Report No RP-094-06 by the Area Planning and Building Standards Manager recommending approval of the application subject to the following conditions:-
- Before any work commences on site, a Section 75 Agreement shall be in place to prevent any further residential development being undertaken on land under the developer's control identified in red on Plan 1 of 1 hereby approved.
Reason: As permission is hereby granted for the erection of a house associated with an existing rural business and no further housing would be acceptable under the Council's Policy for New Housing in the Countryside.
- That the access road from the public road, as indicated in cross-hatching on Plan 4 of 5 approved, to the site boundary shall be provided to the adoptive standards of the Roads Authority prior to the completion of the house hereby approved and the completion of the house approved (Planning Reference 03/01073/FULRC) or within two years of the date of this consent.
Reason: In the interests of road safety and to ensure an acceptable development.
- Prior to the commencement of development, the access between the site and the public road shall be designed to adoptive standards of the Roads Authority and thereafter constructed, in accordance with details which shall be submitted to and require the approval in writing of the Planning Authority in consultation with the Roads Authority. No buildings shall be commenced until such time as Road Construction Consent has been granted for the site access road, and a Road Bond submitted.
Reason: In the interests of road safety.
- The drainage arrangements shall comprise a septic tank and mounded soakaway system to the satisfaction of Building Standards and any variation shall require the prior written approval of the Planning Authority in consultation with Building Standards.
Reason: In the interests of public health.
- That the satisfactory treatment, attenuation and disposal of water from roofs, driveways and roadways/paths shall incorporate sustainable urban drainage systems (SUDS) drainage measures to prevent surface run-off to surrounding properties. These measures require the approval in writing of the Planning Authority after consultation with the Roads Authority and Scottish Environment Protection Agency prior to the commencement of development on the site.
Reason: In order to secure adequate drainage.
- 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. The scheme shall include planting to be carried out along the frontage of the site with a taper in order to minimise the impact on the adjacent house to the North of the site. All planting thereby approved shall be undertaken in the first planting season following completion 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.
- That the caravan shall be sited within the site for a period of three months from the date of this consent within which period, unless with the express approval of the Planning Authority or with the commencement of works on the house hereby approved, the site shall have been cleared including the removal of the caravan and thereafter reinstated.
Reason: In order to allow the Planning Authority to retain effective control over the caravan which is temporary by nature.
- For the avoidance of doubt, on the commencement of works for the house hereby approved, the caravan shall be retained on site until the completion of the house. At the completion of the house the caravan shall be removed from the site.
Reason: In the interests of amenity.
The Committee agreed to APPROVE the application subject to the conditions set out in the report.
4.9 Erection of Fixed Canopy to Left of Building at Ferryboat Inn, 26 Shore Street, Ullapool, IV26 2UJ by Punch Pub Company, per Davidson Design Partnership, 191A Nicol Street, Kirkcaldy, Fife
(Application Ref No: 06/00229/FULRC)
There was circulated Report No RP-095-06 by the Area Planning and Building Standards Manager recommending approval of the applications, subject to the following conditions:-
- The proposed replacement timber screen fence and gates shall be of solid construction and shall not exceed 2 metres in height.
Reason: In the interests of amenity.
- For the avoidance of doubt the roof of the canopy shall be finished in natural slate to match the Ferry Boat Inn and any variation would require the prior formal approval of the Planning Authority.
Reason: In the interests of amenity within Ullapool Conservation Area.
The Committee agreed to APPROVE the application subject to the conditions set out in the report.
4.10 Erection of Extensions to House & Garage at Windward, Cullicudden, Balblair, I7 8LL by Mr & Mrs D Cotton
(Application Ref No 06/00253/FULRC)
There was circulated Report No RP-096-06 by the Area Planning and Building Standards Manager recommending approval of the application subject to the following conditions:-
- Exact details and specifications of all proposed external finishing materials (including roofing materials) shall be submitted for the further approval of the Planning Authority prior to any work commencing on the site.
Reason: In the interests of visual amenity.
- For the avoidance of doubt, the garage shall be used solely for purposes incidental to the use of the dwellinghouse on site.
Reason: The dimensions and design of the garage are such that it could be used as a separate dwellinghouse.
The Committee agreed to APPROVE the application subject to the conditions set out in the report.
4.11 Refurbishment of Existing Offices, Including Heat Recovery Units (Resubmission) at 98-100 High Street, Invergordon, IV18 0DL by Albyn Housing Society Ltd
(Application Ref No 06/00291/FULRC)
There was circulated Report No RP-097-06 by the Area Planning and Building Standards Manager recommending approval of the application, subject to the following conditions:-
- Noise from the development should not exceed 45 LAeq,T as measured or predicted within the garden of the neighbouring residential property.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- Prior to the heat recovery units becoming operational the mutual boundary wall with 75 Clyde Street adjacent shall be heightened to 3m to the full satisfaction of the Planning Authority.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- The heat recovery units hereby approved shall only operate between the hours of 8:00 am – 6:00 pm, Monday to Friday.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
The Area Planning and Building Standards Manager advised that following further discussion on noise issues and advice from TECS (Environmental Health) he now recommended the following conditions in lieu of those proposed in the Report: -
- Between the hours of 7.00 am and 6.00 pm, noise from the development should not exceed 45LAeqT as measured or predicted within the garden of the neighbouring residential property, and NR25 shall be complied with at this location at all times outwith these hours.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- Following installation of the units and prior to their becoming operational, a noise assessment shall be carried out by the developers at their expense to ensure the above standards can be met. This shall be subject to consultation with the Council’s TEC Services. Any mitigation measures such as heightening the mutual boundary wall with 75 Clyde Street adjacent or alternative attenuation shall be agreed with the Planning Authority after consultation with TEC Services and thereafter implemented prior to operation of the units.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- Except in extreme weather conditions, the heat recovery units hereby approved shall only operate at normal mode between the hours of 7:00am – 6:00pm, Monday to Friday and at night time mode at all other times.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
The Committee agreed to APPROVE the application, subject to the revised conditions recommended at the meeting.
4.12 Demolition of Garage, Alterations & Erection of Extension to House at 3 Cadboll Road, Invergordon, IV18 0HR by Mr & Mr S Mitchell, 3 Cadboll Road, Invergordon
(Application Ref No 06/00314/FULRC)
There was circulated Report No RP-098-06 by the Area Planning and Building Standards Manager recommending approval of the application, subject to the following conditions:-
- The existing services which cross the site shall be protected or diverted to the satisfaction of the Planning Authority in consultation with Scottish Water, both during construction works and thereafter.
Reason: In order to ensure that existing services are adequately safeguarded.
- Unless otherwise approved in writing by the Planning Authority, construction activity on the site shall be restricted to 8 am – 6 pm Mondays – Fridays; 8 am – 1 pm on Saturdays and not at all on Sundays.
Reason: In the interests of residential amenity and in order to avoid disturbance and nuisance.
- Notwithstanding the provisions of schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) 1992 as amended, or any Order revoking and re-enacting that Order, the express approval of the Planning Authority shall be required for the installation of any further roof lights other than the single roof light shown on the front elevation on approved plan 6 of 6.
Reason: In the interests of amenity.
The Committee agreed to APPROVE the application, subject to the conditions set out in the report.
4.13 Hot Food Takeaway in Association with Restaurant at 18 High Street, Fortrose, IV10 8SX by M McMurray & R Ram
(Application Ref No 06/00323/FULRC)
There was circulated Report No RP-099-06 by the Area Planning and Building Standards Manager recommending approval of the application, subject to the following condition:-
- The Take Away Service shall only operate until 9:00 pm daily.
Reason: In the interests of residential amenity given the location of the premises in a mixed commercial/residential area.
- Prior to the use commencing, details of the ventilation and filtration equipment shall be submitted for the consideration and written approval of the Planning Authority in consultation with TEC Service (Environmental Health). The ventilation system shall include the provisions of a grease filter, a pre-filter, carbon filter and high level discharge.
Reason: In the interests of residential amenity and to ensure that the ventilation and extraction proposals are suitable and acceptable.
The Committee agreed to APPROVE the application, subject to the conditions set out in the report.
5.0 Appeals
5.1 Change of Use to Amusement Arcade at Site North of The Rock, 68 High Street, Dingwall by Anacair Ltd, Per T C Design, 59 Telford Road, Inverness
(Application Reference No 05/00255/FULRC)
There was circulated Report No RP-100-06 by the Area Planning and Building Standards Manager intimating the decision by the Scottish Executive Inquiry Reporters Unit, following an Appeal Hearing, to dismiss the Appeal and refuse planning permission.
The Committee NOTED that the Appeal had been dismissed and planning consent refused.
They further thanked the Officers involved in preparing and conducting this Appeal Hearing and asked that their disappointment that no representative of Dingwall Community Council had attended the Appeal Hearing be recorded.
5.2 Erection of House & Garage (Outline) at Strathy Road, Ardross by Roderick Moir
(Application Reference No 04/00647/OUTRC)
There was circulated Report No RP-101-06 by the Area Planning and Building Standards Manager intimating the decision of the Scottish Inquiry Reporters Unit, following written submissions procedure, to dismiss the Appeal and refuse planning permission.
The Committee NOTED that the Appeal had been dismissed and planning consent refused.
5.3 Proposed Wastewater Treatment Works at Site at Rosskeen, Invergordon by Scottish Water
(Application Reference No 04/00893/FULRC)
There was circulated Report No RP-103-06 by the Area Planning and Building Standards Manager intimating the decision of the Scottish Ministers, following Public Local Inquiry, to approve the recommendation of the Reporter to the Public Local Inquiry that the Appeal be dismissed and planning permission refused.
The Committee NOTED that the Reporter’s recommendation to dismiss the Appeal and refuse planning consent had been approved by Scottish Ministers.
They further thanked the Officers involved in preparing and conducting this Public Local Inquiry.
6.0 Departure Hearings – June 2006
The Principal Planning Officer orally reported to the Committee on the following likely hearings:-
• 4 Houses at Bindal, Portmahomack
• 4 Houses and 5 Service Plots behind Ormonde Terrace, Avoch
• 120 Houses and Associated Infrastructure at Broomhill, Muir of Ord
• Demolition of Farm Buildings and Development of 2 Plots at Knockbain Mains
The Committee AGREED to hold departure hearings on Monday, 12th June and Tuesday, 20th June 2006. The particular applications to be determined on those dates would be notified to members once arrangements had been made.
7.0 Delegated Powers: Planning Consents, Building Warrants and Street Names
The Committee NOTED that a list of planning consents, building warrants and street names, which had been determined by the Area Planning and Building Standards Manager under delegated powers during the period since the last Report was made available for perusal in the Members’ Room.
The meeting ended at 12.20 pm.