Minute of Meeting of the Ross and Cromarty Planning Committee held in the Chamber, Council Offices, Dingwall on Monday, 16th April 2007 at 10.30 am.

Present:-

Mr A Anderson
Mr B Barclay
Mr D W Briggs
Mr D J Chisholm
Mr J R Connell  
Mr R W Durham
Mr R Macintyre
Mrs V MacIver
Mrs A MacLean
Mr M Macmillan
Mrs I McCallum
Mrs M E Paterson
Mr A Rhind
Mr A Torrance 
Mrs C A Wilson

Officers in attendance:

Julie Ferguson, Planning Team Leader
Dorothy Stott, Principal Planner
Ken McCorquodale, Principal Planner
JimYuill, Principal Engineer
Brian Low, Principal Technician
Susan Blease, Solicitor/Clerk
Alison MacArthur, Acting Administrative Assistant

Business
(Mrs V MacIver)

1. Apologies 

Apologies for absence were intimated on behalf of Dr D Alston, Mr E Mackinnon and Mrs J Urquhart. 

Development Control

2. Applications for Planning Permission 

There were circulated Reports Nos RP 067/07 - RP 071/07 by the Area Planning and Building Standards Manager relating to individual planning applications.  The Committee AGREED to dispose of the applications as follows : -

2.1 Hearing - Erection of Four House Sites, Access Road and Landscape Buffer at Land South of Wester Links, Fortrose by Mr John A F Stuart
(Application Reference No 06/01135/OUTRC) 

The hearing was attended by the applicant, Mr J A F Stuart, and his agents, Mr D Stuart and Mr R Stirrat.  The objectors, Mrs Z Zebrowski (represented by Mrs L McDonald), Mr A J Murray, Mrs L Holm, Mr M S McLaren, Mr P I Keith, Mr P Taylor also attended.  Mr F Milne attended on behalf of the objector, Mrs C M Wilson.  Mr J Cornwell and Mr G Phillips attended on behalf of Fortrose and Rosemarkie Community Council.

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

There was circulated Report No RP-067-07 by the Area Planning and Building Standards Manager recommending approval of the application subject to the prior conclusion of a s75 agreement establishing and maintaining a 30 metre amenity buffer along the south edge of the site, excluding the proposed access road, and subject to the following conditions:-

1. A further application shall be made to the planning authority within three years of the date of this permission for the approval of reserved matters and no works shall commence on any part of the site until the permission of the planning authority has been granted in writing for such proposals.  Reserved matters shall include: 

• the siting, design and external appearance of all buildings,

• the means of access thereto,

• The proposals for landscaping including the amenity buffer.

• The design and appearance of boundary enclosures, and

• Design and siting of infrastructure for sustainability.

Reason: The application was in outline only and no such details have been submitted with the application.

2. The submitted site layout is taken as indicative only and is not hereby approved.

Reason: For the avoidance of doubt and to clarify the terms of the permission hereby granted.

3. The proposed access point for the development of four houses and amenity buffer area will be as shown on the amended indicative site layout – No 2.  Furthermore, prior to the occupancy of the first house the two existing field access points shall be removed, their use shall be discontinued and the former accesses shall be securely fenced to the satisfaction of the Planning Authority.

Reason: In the interests of amenity, general safety and for the avoidance of doubt.

4. Prior to any applications for approval of reserved matters being submitted that a design guide is drawn up and agreed with the Planning Authority to establish a degree of design commonality to be adopted by each house addressing: -

 • Layout parameters such as siting, separation and parallel orientation.  A restriction on development 15m from the northern boundary of each plot and within 2 metres from side boundaries.

 • Scale / size noting that houses are to be built as low as possible to existing ground levels and that there is to be a restriction to the ridge height of each house, set at 8m from the foundation height.

• roof type and colour

• external wall finishes

• design for sustainability

• boundary treatment and landscaping.

Reason: In the interests of local amenity

5. Prior to the commencement of development on any part of the site the access from the public road to the site shall be formed in accordance with the Highland Council Road Guidelines for new development, including visibility splays of 4.5m by 20m, thereafter maintained free of obstruction above adjacent carriageway levels.  All vehicles must be able to enter and leave the development site in forward gear.

Reason: In the interests of road safety.

6. Prior to the commencement of development on any part of the site a standard service lay-by off the public road approximately 30 metres from the south eastern corner of the site shall be formed and surfaced in accordance with Highland Council Road Guidelines.

Reason: In the interests of road safety.

7. Prior to the occupancy of the first house plot a 30m amenity buffer area with the fence line set back 2.0m from the public road shall be formed and landscaped.  A 2m grass verge adjacent to the public road side shall be formed to the satisfaction of the Roads Authority suitable for pedestrians to take refuge from passing cars.

Reason: In the interests of amenity and road safety.

The Principal Planner, Mr McCorquodale, introduced the application and outlined the policies and material considerations applicable to the site.  He also exhibited an amended plan showing a revised access arrangement which had been proposed by the developer following discussion with TECs Roads and which was now considered acceptable by TECs Roads in preference to the original layout shown on the plan attached to the Committee Report.

Mr Stirrat, then addressed the Committee on behalf of the applicant.  

He advised that the layout of the house sites had been decided after discussion with the Principal Planner.  There had been an objection against the earlier application for a larger number of houses.  The existing application placed the houses further back from the neighbouring houses with 20 m gardens giving a total separation distance of 30 – 40 metres between the proposed and the existing houses.  The proposed houses would also be positioned so that the existing houses had views between them.  The houses would be 1.5 storeys in height.  Views from existing houses would be compromised but only partially. 

The applicant had explored the possibility of taking access to the site through the adjacent land being developed by Mr P Keith, but Mr Keith would not give access rights.  The alternative was an access from the caravan site but it was felt that the caravan site would be compromised by this.  The proposed access shown on the amended layout was therefore considered the best solution and had the approval of TECs Roads.  It did mean an access nearer to the golf course but there was limited traffic on this road and golfers already had to cope with traffic and pedestrians and had so far managed without incident.  The proposed footpath as shown on the amended plan would also provide safer pedestrian access.  Golf balls should not be a problem as most of the houses were 60 – 100 m from the Ninth Tee.

The land was allocated for housing and the number of houses proposed was in accordance with the indicative capacity given in Local Plan.  Strong reason would therefore be needed to reject the proposal as it was in accordance with policy.  There were no servicing reasons and therefore no compelling reason to go against the Local Plan.

The proposed houses would form the last building line between Fortrose and the golf course so were an opportunity to create a pleasant finish to the settlement.

Mr Stuart added that design of the layout had been worked up in close consultation with the Principal Planner and the applicant welcomed conditions regarding design as he was conscious of the importance of good design in this location on the fringe of Fortrose.

In response to questions by members, Mr Stirrat advised the Committee that footpath shown on the amended plan would be a grassed strip along the edge of the existing road where the public could walk.

The objectors then addressed the committee.

Mr Taylor considered that if the proposed access was allowed on to this very narrow road it would create a danger to public and golfers.  The solution was to move the access to the caravan park.    

Mr Keith objected on the ground that the proposal did not respect the buffer zone requirement set in the Local Plan as the access and service bay breached this requirement.  He had no objection to housing on the site but considered that they should be restricted to single storey.  

Mrs Holm objected on the ground that the proposal would harm the amenity of the area.  Flocks of oyster catchers regularly landed in this field to feed and the development would disturb this.  Like Mr Keith, she also considered that the houses, if approved, should be restricted to single storey.  

Mr Murray supported all of the previous comments and felt this development would intrude on the buffer zone, which was a safety and amenity issue.  He was also concerned that the proposed service bay would be used as a parking area, increasing risk for golfers.

Mrs McDonald then spoke on behalf of Mrs Zebrowski and stated that the application had caused this objector a great deal of stress.  The objector was wheelchair bound and had previously enjoyed watching the wild life in the field which was now the proposed development site.  

Mr Milne then spoke on behalf of Mrs Wilson.  She was concerned that the access would create a danger as stray golf balls could his the proposed tarmac.  The public road was not good and had a bad corner at the bottom.  The access had not been taken through the adjacent land as the Reporter for the Local Plan had intended.  This was an important area of amenity land for Fortrose.  On two occasions in the past applications to develop the site had been rejected on appeal because the Reporters at that time said the land should be preserved as amenity land.  Neither Mr Wilson nor Mr Milne had been aware of the proposal to reallocate it as housing land in the new Local Plan.

If the Committee were minded to approve he requested that the houses be restricted to single storey and sited to minimise impact on existing residents.  His client was 90 and had lived there for 30 years and some account should be taken of the fact that this had been a field for so long. 

Mr Phillip, Chairman of the Community Council then addressed the Committee.  Although the Community Council were generally in support of the application they felt the road was inadequate as it was well walked and they were concerned for the safety of pedestrians.  It was the access to the Fortrose Caravan Site and the Community Council would like to see it improved by widening and creation of a suitable footpath. It was felt the height of the houses should be lowered to single storey.  They would support the Section 75 agreement to preserve the buffer zone in perpetuity but would also like to see some affordable housing on this site as there was a desperate need for affordable housing in Fortrose.  The lower limit of 10 houses as a trigger for a 25% affordable housing element should not apply in Fortrose and Rosemarkie, as at least 50% of all new housing was needed as affordable housing.

Mr Stirrat then replied to the points raised by the objectors.  With regard to the height of the houses, all houses had pitched roofs, even bungalows.  One and a half storey houses did not mean an increase in height and would restrict the footprint of the houses.  They were effectively bungalows with dormer windows.  With regard to the access, the applicants were keen not to interfere with the Caravan park business by taking their access through their site.    They felt that four houses would not cause any significant increase in traffic on the road.  

Their being no further questions by members, the Chairman asked the parties to confirm whether they were satisfied with the way in which the hearing had been conducted and they confirmed that they were so satisfied.

The Principal Planner then presented his report and recommendation adding that this was an opportunity to provide a strong and impressive edge to the settlement and to that end the developer would be required in terms of condition 4 to produce an indicative design brief acceptable to the Planning Authority.

Mr Barclay thanked the Principal Planner for his excellent report and presentation.  He supported the comments on design.  He commented that the road had always been close to the golf course and there had never been any serious problems, he was in support of the application. 

Mr Briggs felt the design brief was very important and that a one a half storey house would lessen the footprint and keep some separation between the houses.  He suggested, however, that during discussions on the required design brief, use of a softer finishing on the access road be considered. 

The Committee then agreed to APPROVE the application, subject to the conditions set out in the Report.

2.2 Demolition of Existing and Erection of Replacement House (Detail) at Bridge House, Gairloch by Mr G Ford
(Application Reference No: 06/00296/FULRC)

There was circulated Report No RP-068-07 by the Area Planning and Building Standards Manager recommending approval of the application subject to the following conditions:-

1. Prior to the commencement of development, details of the materials, finishes and colours of the building, including samples where required, shall be submitted to and require the approval in writing of the Planning Authority.  The development shall be carried out thereafter in accordance with the approved details.

Reason: In the interests of visual amenity.

2. The access shall be improved by being widened to a width of 3.5 metres and parking and turning for at least two vehicles shall be provided and maintained within the site.  At least the first five metres of the access shall be hard surfaced and the gradient shall not exceed 1 in 16.

Reason: In the interests of public and road safety.

3. All windows in the south elevation (labelled right) as shown on the approved plans shall be obscurely glazed, details of which shall be first submitted to and agreed in writing by the Planning Authority prior to the commencement of development.  The development shall then only be implemented in accordance with the approved details.  The obscure glazing shall be in place prior to first occupation of the dwelling, and shall be retained at all times as such.  It shall not be removed altered or replaced without the prior approval of the Planning Authority.

Reason: In the interests of privacy to the neighbouring occupants at The Neuk.

4. Notwithstanding the provisions of Class 1 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended, or any Order revoking and re-enacting that Order, with or without modifications, no openings or windows shall be installed on the eastern elevation (labelled right elevation) without the prior consent of the Planning Authority, except those hereby approved.

Reason: To ensure that the privacy of the neighbouring properties is retained in the interests of residential amenity.

5. Prior to the commencement of development a block plan shall be submitted to the Planning Authority showing the exact location of the proposed dwelling, the access and vehicular turning arrangement.  The plan shall be to an appropriate identifiable scale, and shall clearly show the boundaries and the neighbouring properties.  The house shall be pegged out on and agreed in writing by the Planning Authority.  The development shall then only be implemented in accordance with the details as approved in writing by the Planning Authority.

Reason: The new amended plans did not include a block plan.  The exact siting of the house needs to be agreed for the sake of clarity and to assess its impact on the neighbouring properties.

The Team Leader advised that an additional condition should be added as follows: 

6. All storage of materials and equipment during construction shall be on site and not on the public road.

During debate, concern was raised at proposed condition 3 regarding the windows which faced the neighbouring house and which in terms of Condition 3 would require to be obscurely glazed.

The Chairman, seconded by Mr Macintyre, then moved approval of the application in accordance with the recommendation but with deletion of condition 3 and the addition of a condition requiring an 18 metre separation distance from the neighbouring house. 

Mr Briggs, seconded by Mr Durham moved as an amendment approval of the application in accordance with the recommendation. 

On a vote being taken by roll call, the outcome was as follows:  

For the Motion:

Mr A Anderson             Mr M Macmillan
Mr B Barclay                 Mrs M E Paterson
Mr D J Chisholm            Mr A Rhind
Mr J Connell                 Mr A Torrance
Mr R Macintyre             Mrs C Wilson
Mrs V MacIver

For the Amendment:

Mr D Briggs                  Mrs A MacLean
Mr R W Durham            Mrs I McCallum 

There being eleven votes in favour of the motion and four votes in favour of the amendment, the MOTION became the finding of the meeting.

2.3 Erection of Eight Houses, Upgrading of Existing Access and Landscaping (Outline) at Land North of Tarrel Farm Cottages, Portmahomack by Tarrel Developmen ts, Per Ideas Illustrated,  9 Tygwyn Road, Great Orme, Llandudno (Application Ref No 06/00725/FULRC)

There was circulated Report No RP-069-07 by the Area Planning and Building Standards Manager recommending approval of the application subject to the following conditions including the retention of the workshop/studio units for the purposes of Class 4 Business uses (Use Classes Order 1992):-

1. Standard outline condition and reason.

2. The Reserved Matters submission shall include details of the drainage of surface and ground water via SUDs (Sustainable Urban Drainage Systems) and shall include provision for the interception of surface and ground water from outwith the site.

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

3. Road Construction Consent shall be obtained and a Road Bond put in place for the upgrading of the access to adoptive standards prior to the commencement of any works in connection with this approval.  For the avoidance of doubt this shall not include street lighting.

Reason: In the interests of road safety, and to ensure that the necessary road improvements are implemented to bring the access road up to adoptive standards.

4. The Reserved Matters submission shall include full details for the improvement of the junction of the access track with the public road. This will include the provision of visibility splays of 2.5 x 180m, additional warning signs to the north and south of the junction on the B9165, appropriate lane markings and Give Way road markings, and access to the Repeater station off the new junction, all to the satisfaction of the Roads Authority in consultation with the Planning Authority.

Reason: In the reason interests of road safety.

 5. The Reserved Matters submission shall include the provision of a minimum of 2 off street parking spaces per dwelling in addition to any parking required for the workshop / studio units.

 Reason: In the interests of road safety.

 6. For the avoidance of doubt the designs and layout of housing in any subsequent reserved matters application shall be in like form and design to the indicative plans which accompany this application with the exception of the unit to the east of the listed buildings which shall be amended to complement the design and layout of the listed buildings.  The design, materials, siting, and massing of the dwellings hereby approved shall reflect that of the existing cottages including the use of natural slate.  The principles of designing for sustainable development shall be incorporated and the applications shall therefore include a sustainable design statement that shall take into account established Council Policy.

 Reason: In the interests of visual amenity, and to accord with Policy.

 7. The Reserved Matters submission shall include a landscaping and maintenance scheme, to include details of the proposed planting of trees in the areas indicated in the plans hereby approved, and also along the full length of the access road into the site, and shall also include details of the proposed measures to protect all existing trees being retained within the site.

Reason: In the interests of amenity, and to ensure a complete and satisfactory form of development.

8. The Reserved Matters submission shall include a full specification for the foul drainage system, to the satisfaction of the Planning Authority in consultation with SEPA.  This shall include proposals for long term maintenance and if necessary a financial guarantee that covers full maintenance costs in the event that only partial housing development is completed.

Reason: In the interests of health and to ensure the adequate drainage of the site.

9. The workshop/studio units shall be used only for purposes within Class 4 Business Use of the Town and Country Planning (Use Classes) (Scotland) Order 1997 or any Order superseding or amending this Order unless the prior formal consent of the Planning Authority is obtained for any alternative use.

Reason: In the interests of residential amenity in order to ensure that the use remains acceptable given its location adjacent to residential properties.

10. The workshop / studio units shall be used solely by the occupiers of the dwellings to which they are attached.

Reason: In the interests of sustainability, and in the interests of residential amenity.

11. There shall be no outside storage in connection with the workshop / studio units.

Reason: In the interests of visual amenity.

12. The development shall be carried out in accordance with the following phasing:

Phase 1:  The upgrading of the access track to adoptive standards to the satisfaction of the Roads Authority;
The renovation of the Listed Cottages in accordance with the scheme approved under application Nos 04/00894/FULRC and 04/00895/LBCRC;
The erection of the cottage immediately to the East of the Listed Cottages;
The provision of septic tank and soakaway drainage system within the area immediately to the West of the Listed Cottages;
The landscaping associated with these areas.

Phase 2:    The erection of the row of three cottages and their associated workshop/studio areas immediately to the West of the area to be used for the septic tank/soakaway system for Phase 1;
The septic tank/soakaway system at the North Western end of the site;
The landscaping associated with these areas.

Phase 3:  The erection of the four cottages at the South Western part of the site and their associated workshop/studio areas; The landscaping associated with these areas.

Reason: In order to ensure a complete and satisfactory form of development and in the interests of amenity.

13. Construction hours on site shall be limited to 8:00 am to 6:00 pm Mondays to Fridays; 8:00 am to 1:00 pm Saturdays and not at all on Sundays.

Reason: In the interests of amenity.

Following debate, Mr Durham, seconded by Mr Briggs, moved that determination of the application be deferred for the applicant to bring forward proposals for providing 2 of the 8 houses as affordable housing, with delegated powers to the Planning Team Leader to approve the application once an affordable housing element had been satisfactorily secured.  The motion was made on the basis that departure from the affordable housing policy in the Local Plan, which required a 25% affordable housing element to be incorporated only in developments of 10 houses or more, was justified in this location given a high demand for affordable housing in this area.

The Chairman, seconded by Mr Torrance, moved as an amendment that the application be approved in accordance with the recommendation.

On a vote being taken by roll call, the outcome was as follows:

For the Motion:

Mr D Briggs                 Mrs A MacLean
Mr R Durham               Mr M Macmillan
Mrs C Wilson 

For the Amendment:

Mr A Anderson             Mr E Mackinnon
Mr B Barclay                 Mrs M Paterson
Mr D Chisholm              Mr A Rhind
Mr J Connell                 Mr A Torrance
Mrs V MacIver              Mrs J Urquhart

There being five votes in favour of the motion and ten votes in favour of the amendment, the AMENDMENT became the finding of the meeting.

The Committee further agreed to express their view that should this development proceed, Tarrel Farm would thereafter not be capable of accommodating any further residential development under Policy H2 – Rural Development Area – of the Ross and Cromarty East Local Plan and that this development constituted the limit of development at this location.

2.4 Combined Heat and Power and Wood Pelleting Plant (Detail) at Cromarty Firth Industrial Estate, Invergordon by Balcas Timber Ltd, Laragh, Enniskillen, Co Fermanagh, Northern Ireland   
(Application Ref No 06/00944/FULRC) 

Mr Connell declared an interest in the following application having previously expressed his support for the application in his election leaflet and left the meeting for the duration of the item. 

There was circulated Report No RP-070-07 by the Area Planning and Building Standards Manager recommending approval of the application subject to the following conditions:-

1. Prior to any development commencing on site a scheme will be submitted by the developer at his expense to deal with potential contamination on site.  No constriction work must commence until such scheme has been submitted to be approved by the Council and is thereafter implemented to like satisfaction.  The scheme shall contain details of proposals to deal with potential contamination and must include:

(a) The nature, extent and type of contamination on site, identification of pollutant linkages and assessment of risk (i.e. contaminated land risk assessment and remediation plan).  The scope and method of this assessment to be agreed in advance with the Council and undertaken in accordance with PAN 33 and BS 10175:2001.

(b) Remedial strategy (if required) to treat/remove contamination to ensure that the site is fit for the uses proposed (this shall include a method statement, programme of works and proposed verification plan).

(c) Submission of a validation report (should remedial action be required) by the competent person employed by the developer who will validate and verify the completion of works to a satisfactory standard as agreed with the Council.

(d) Submission is necessary of monitoring statements at periods to be agreed with the Council for such time period as is considered appropriate by the Council.

Reason: In order to ensure that the site is suitable for the proposed use.

2. Any complaints regarding air emissions received during the working life of the facility will   require to be investigated immediately by the operator of the site and remedial action taken, as required to the satisfaction of the Planning Authority in consultation with SEPA and TEC Services (Environmental Health)

Reason: To ensure that any complaints are investigated timeously and remedial action taken.

3. Prior to any development commencing on site, the applicants shall identify the proposed source of water supply for the development and demonstrate to the satisfaction of SEPA that it will not have an unacceptable impact on the water environment.  Thereafter, the development shall be implemented in accordance with such approved scheme.

Reason: In the interests of amenity.

4. Prior to any development commencing on site, the applicants shall produce a Waste Management Plan to the agreement of the Planning Authority in consultation with SEPA.  Thereafter, the development shall be implemented in accordance with such Management Plan.

Reason: In the interests of amenity.

5. Prior to any development commencing on site, the applicants shall provide a detailed Surface Water Drainage Plan, designed on the principles of Sustainable Drainage Systems to be agreed with the Planning Authority in consultation with SEPA.  Such scheme as approved shall be installed prior to the plant becoming operational.

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

6. Prior to any development commencing on site, full details of all access, parking and turning arrangements will be submitted for the approval of the Planning Authority in consultation with the Roads Authority.  Such details as may be approved shall include:

(a) An unobstructed visibility splay of 4.5 x 70m should be provided at the western site entrance junction and suitable give way signs and markings provided by the developer.

(b) It is a health and safety requirement that internal site pedestrian routes are clearly defined and we recommend that you seek confirmation that this has been adequately considered. We recommend this includes suitable illumination of all pedestrian and vehicle routes. Consideration of the swept path requirements for timber delivery vehicles should be made in any layout for industrial units but again this will really be an internal site health and safety management issue.

(c) The proposed car park “OUT” point onto the public road should not be permitted and all Site and office traffic should use the existing site road on the west as the way to get in and out of the site. Parking Spaces should be 5.0m x2.5m with minimum 6.0m aisle width between bays. Disabled bays should be 3.6m wide.

(d) The Pump access beside the offices should not be permitted off the public road and instead Internal site arrangements should be made to facilitate this servicing access.

(e) We are confused by the provision of 37 parking spaces as it seems high compared with staffing figures reported in the TA. Has there been an increase in staffing levels?

(f) There is no proposed level information. It is a reasonably flat site which generally falls away from the public road but gradients should be considered for drainage purposes.

(g)  No detailed information has been provided in respect of SUDS drainage. The standard for SUDS design should be to accommodate a 30 year return storm and not cause property flooding or safety risk in a 200 year return storm event. We cannot comment on drainage here as no proposals have been presented there. There is no information about drainage discharge points.

The scheme as may be approved shall be fully undertaken to the satisfaction of the Planning Authority prior to the plant becoming operational.

Reason: In the interests of road safety and amenity.

7. Prior to any development commencing on site, full details of all landscaping, to include reinforcement of tree planting around the boundaries of the site, together with new planting in association with the office building and car parking areas, shall be submitted for the approval of the Planning Authority.  This shall include the enhancement of existing habitats and new native hedges/shrub and tree shelter belts. Soils known to contain northern marsh orchids must be carefully stripped from the areas to be developed, stock piled and used for landscaping and habitat creation.  The planting shall be carried out within the first planting season following commencement of construction on site and shall be maintained in perpetuity to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

8. Prior to any development commencing on site, a dust minimisation plan should be submitted for the approval of the Planning Authority in consultation with TECS (Environmental Health)  Thereafter, development shall be carried out in accordance with such approved plan.

Reason: In the interests of amenity.

9. Noise from Construction activities shall not exceed the following:  

Day                           Time               Maximum Level
Monday to Friday         0700-1900       75db LAeq (1 hr)
Monday to Friday         1900-2200       65db LAeq(1 hr)
Monday to Friday         2200-0700       No construction noise audible
Saturday                    0700-1300       75db LAeq (1 hr)
Saturday                    1300-2200       65db LAeq (1 hr)
Saturday                    2200-0700       No construction noise audible
Sunday Time              No construction operations

Reason: In the interests of amenity.

10. Noise levels from activities associated with this development shall not exceed the following:

Day                           Time               Maximum Level
Monday to Saturday     0730-2200       50dB LAeq (1 hr)
Monday to Saturday     2200-0730       45dB LAeq(1 hr)
Monday to Saturday     2200-0730       55dB LAmax
Sunday                      0900-2000       50db LAeq (1 hr)
Sunday                      2200-0900       45dB LAeq (1 hr)
Sunday                      2200-0900       55dB LAmax

Operational noise – no site traffic, de-barking, chipping or other log yard or storage yard activities to be undertaken between 0730 - 2200 Monday to Saturday and 0900 - 2000 Sunday.

Reason: In the interests of amenity.

11. Prior to development commencing on site, the detailed finish and colour of all structures and buildings shall be agreed in writing with the Planning Authority.  This shall have in all cases a non reflective, matt and subdued finish.

Reason: In the interests of amenity.

The Principal Planner advised that the following changes required to be made to conditions 5, 6 and 10:

5. Prior to any development commencing on site, the applicants shall provide a detailed Surface Water Drainage Plan, designed on the principles of Sustainable Drainage Systems to be agreed with the Planning Authority in consultation with SEPA.  Such scheme as approved shall be installed prior to the plant becoming operational.  The scheme for SUDS design should be to accommodate a 30 year return storm and not cause property flooding or safety risk in a 200 year return storm event.

6. Prior to any development commencing on site, full details of all access, parking and turning arrangements will be submitted for the approval of the Planning Authority in consultation with the Roads Authority.  All such details shall require the approval of the Planning Authority prior to commencement of development on site.  Such details as may be approved shall include:

(a) An unobstructed visibility splay of 4.5 x 70m should be provided at the western site entrance junction and suitable give way signs and markings provided by the developer.

(b) Internal site pedestrian routes shall be clearly defined.  This shall include suitable illumination of all pedestrian and vehicle routes.  Consideration of the swept path requirements for timber delivery vehicles should be made.

(c) The proposed car park “OUT” point onto the public road is not permitted and all Site and office traffic should use the existing site road on the west as the way to get in and out of the site. Parking Spaces should be 5.0m x 2.5m with minimum 6.0m aisle width between bays. Disabled bays should be 3.6m wide.

(d) The Pump access beside the offices is not permitted off the public road and instead Internal site arrangements should be made to facilitate this servicing access.

Reason: In the interests of road safety and amenity.

10. Noise levels from activities associated with this development shall not exceed the following:

Day                           Time               Maximum Level
Monday to Saturday     0730-2200       50dB LAeq (1 hr)
Monday to Saturday     2200-0730       45dB LAeq(1 hr)
Monday to Saturday     2200-0730       55dB LAmax
Sunday                      0900-2000       50db LAeq (1 hr)
Sunday                      2000-0900       45dB LAeq (1 hr)
Sunday                      2000-0900       55dB LAmax

Operational noise – no site traffic, de-barking, chipping or other log yard or storage yard activities to be undertaken outwith 0730 - 2200 Monday to Saturday and 0900 - 2000 Sunday.

Reason: In the interests of amenity.

The Committee agreed unanimously to APPROVE the application subject to the conditions set out in the report with the recommended amendments to conditions 5, 6 and 10.

2.5 Erection of 2 Storey Extension at Rear of Existing House with a Ground Source Heat Pump and Bore Hole (Detail) at Caber Feidh, 43 Henrietta Street, Avoch by Mr and Mrs C MacLean
(Application Ref No: 07/00044/LBCRC & 07/00043/FULRC) 

There was circulated Report No RP-071-07 by the Area Planning and Building Standards Manager recommending approval of the application subject to the following conditions:-

1. The new window proposed on the front (side) elevation shall be a timber two pane, double glazed sliding sash and case window painted white.

Reason: To preserve and enhance the appearance of the listed building and the conservation area.

The Committee then agreed to APPROVE the application subject to the conditions set out in the report.

3.0 Delegated Powers:  Planning Consents, Building Warrants and Street Names

The Committee NOTED the 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.

The meeting ended at  1.05 pm.