Minutes of Special Meeting of the Planning, Development, Europe and Tourism Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Friday 17 March 2006 at 11.30 a.m.

 

 

 

 

Officials in attendance:

 

Mr J D Rennilson, Director of Planning and Development

Mr D Polson, Area Planning and Building Control Manager

Ms N Drummond, Team Leader (Inverness), Planning and Development Service

Ms K McLeod, Principal Solicitor, Planning

Mrs R Moir, Principal Administrator, Corporate Services

Ms L Lee, Committee Administrator, Corporate Services

 

Mr A S Park in the Chair

 

Business

 

An asterisk in the margin denotes a recommendation to the Council. 
All decisions with no marking in the margin are delegated to the Committee.

 

Preliminaries

 

1.  Apologies For Absence

 

Apologies for absence were intimated on behalf of Mr R Saxon, Mr A Torrance, Mrs V MacIver, Mr M M Macmillan, Mr S J Shiels, Mrs L MacDonald, Mr B M S Dunlop, Mr A Gordon, Mr B Clark and Mr A R McFarlane Slack.

2.  Formation of Two Golf Courses and Associated Buildings/Facilities, 57 Bedroom Hotel, 18 Apartments, the Erection of a Spa/Leisure Complex, 120 Timeshare Units and Conversion of Balnaglack Farmhouse to Offices, Demolition of Balnaglack Road Cottage, Erection of Associated Golf Facilities Including Driving Range, Rangemaster Building and Club House, Together With Services and Infrastructure at Balnaglack and Lonnie Farms, Castle Stuart, Dalcross, Inverness,  by Cornerstone Golf Development International and Moray Estate Company (05/00316/Fulin)

 

In terms of Standing Order 13.2, the following Member had applied for and been granted a local member vote: Mr R A C Balfour.

 

This application was subject to a formal hearings procedure.  In attendance relating to the application:

 

Applicants:

 

For Cornerstone Gold Development International:

 

 Mr M Parsinon Mr A Milne Mr S McColm
 
Several further representatives of the applicants were also in attendance.

 

Objectors:

Mr C J Sedgewick Mr D Gerrard 

Some six members of the public were also in attendance as observers.

 

Earlier in the day, Members had viewed the site from various points within the proposed boundary and from the A96 trunk road.  The applicants also provided a display of visual material within the Chamber to illustrate the facilities to be provided, which Members viewed informally prior to the meeting.

 

Prior to the commencement of business, the Chairman summarised the Hearing Procedures.  He sought and was given an assurance by all parties that they had received a copy of the Hearing Procedures and understood the process.

 

There had been circulated Report No. PDET20/06 dated 4 March 2006 by the Director of Planning and Development on proposals to develop the existing Lonnie and Balnaglack farm holdings at Castle Stuart to provide a quality golf development comprising two 18 hole golf courses together with associated golf facilities, including club house, driving range, and pitch and putt area.  In addition it was proposed to erect a 57 bedroom hotel, 28 hotel apartment blocks, 120 timeshare units and a spa/leisure complex.  The proposal included the formation of footpaths for public access, together with associated infrastructure and facilities.  An annexe to the report, setting out further factors requiring amendments and/or supplements to the conditions as detailed in the circulated report, should the application be approved, was tabled during the meeting. 

Whilst the application site itself was not covered by any statutory natural heritage designations, it was defined to the north and west by the nationally and internationally important Longman and Castle Stuart Bays SSSI.  The SSSI formed one of the component sites of the internationally important Inner Moray Firth Special Protection Area (SPA) and was a Ramsar site (a wetland of international importance designated under the Ramsar Convention).  The Moray Firth Special Area of Conservation (SAC) was also adjacent to the site.  Both the SPA and the SAC formed part of the Natura 2000 network of designated European sites.  This network included (i) SACs which supported rare, endangered or vulnerable habitats and species of plants and animals and (ii) SPAs which supported significant numbers of wild birds and their habitats. 

 

Technical objections to the site had generally been addressed through the submission of supporting information.  A number of objections had been received from local residents with concerns about the impact of the proposal on local residential amenity and on infrastructure, particularly water and sewerage arrangements. 

 

Officers had considered the application in detail and environmental issues had been resolved to the satisfaction of Scottish Natural Heritage (SNH) and of the Scottish Environmental Protection Agency (SEPA), with the exception of non-public foul drainage and abstraction details (see below).  The application was supported by an Environmental Statement and supplementary information, which had been made available for inspection.

 

The Committee was asked to approve the application subject to:

 

(i)     the prior conclusion of an appropriate legal agreement covering the six  issues set out in Section 8 of the report;
(ii)   acceptance by SEPA (and confirmed by SNH) that the revised water  sourcing was acceptable; and
(iii)   conditions as set out in the report and as tabled.

 

In commenting on the application, the Planning Officer, Ms N Drummond, Team Leader (Inverness), Planning and Development Service, summarised the component parts of the application as detailed in the report and drew attention to the various Policies relating to the proposals.  In particular, whilst the site was designated in the relevant Local Plan as hinterland, which presumed against development in this location, in her view this presumption was outweighed by other Council and National Policies that supported appropriate development in rural areas.  She emphasised that extensive discussions with SNH and SEPA had taken place and that the applicants had adapted their proposals to accommodate the majority of concerns raised by those bodies.  However, to date, the applicants had been unable to demonstrate their arrangements for extraction of water for course irrigation, as required by SEPA.  Should the Committee be minded to approve the application, a suspensive condition would be included requiring the applicants to demonstrate these arrangements to the satisfaction of SEPA.

 

Hearings Procedure

 

Applicants

 

Speaking on behalf of the applicants, Mr Parsinon outlined Cornerstone's track record in golf course construction, making particular reference to Cornerstone's Kingsbarns Golf Course development near St Andrews, which had received several awards since its opening in 2000.  He summarised the reasons for choosing the site at Castle Stuart over other sites worldwide, including the free draining soils, the topography, and the need, as identified by tourism operators, for a world class golf course in this area to complement the quality courses at Nairn and Dornoch, allowing the Highlands to reach "critical mass" and thus significantly increasing the numbers of golfers coming to the Highlands.  In his view, economic impact would be considerable, including the creation of an estimated 490 jobs locally.  Mr Parsinon stressed that Cornerstone had extensive experience in this kind of development and was totally committed to the project.  Meetings with neighbours, planners and key consultees had been held regularly, and ways found to resolve difficulties.  He was confident that an acceptable solution to the siting of the maintenance shed, which was to be the subject of a further application, would be found.  He also gave assurances regarding the effectiveness of the proposed waste water treatment plant and stated that a connection would be made to the public sewer once the necessary infrastructure for the A96 corridor was in place.

 

In answer to questions raised, the applicants advised that:

 

• the golf course was expected to open at the end of 2008, with a formal opening to take place on 1 June 2009; the quality of the golf course would be the driver for other parts of the development; these works would be carried out in a phased way and it was not envisaged that the building works would have a detrimental impact on the golf course
• there would be no chemicals in the discharge water from the waste water treatment plant; SEPA would monitor the plant as they would a Scottish Water plant - all standards were at least as high as those Scottish Water worked to
• grey water from the roofs would be recycled to flush toilets, but SEPA had prohibited the re-use of waste water from the treatment plant for irrigation; other sustainable design technologies, such as the installation of ground-source heat pumps, were being investigated and would be used if feasible
• a water supply for irrigation had been identified, but final tests on the bore holes had yet to be completed; further bore holes were being dug to explore the potential of this water supply more fully
• it was intended that fees for the golf course would be structured on a similar basis to the scheme at Kingsbarns, which included arrangements for low rates for local residents, provided they held a links trust card; there would be consultation regarding the area to be designated as "local"
• climate change in the form of raised sea levels was not expected to impact unduly on the development, as the coastal region was protected by the Fort George - Chanonry Point breakwaters, which would reduce wave height
• the golf courses would be largely rustic in style with natural vegetation such as gorse;  previous experience had shown that this kind of landscaping provided excellent habitat for native species of flora and fauna, with some fauna prospering to nuisance levels; an overly "manicured" style was not proposed, although the fairways themselves would be maintained
• the materials used in building construction would be of high quality, including slate for pitched roofs, and sandstone with some rendering for the walls; glass would be used extensively to allow appreciation of the views from the facilities; special  glass would be used which would dampen light emissions from the buildings and enhance heat efficiency
• the company would be keen to develop active links with educational facilities in the Highlands relating to the golfing industry; such arrangements were in place at Kingsbarns and worked well; they would also be willing to direct customers to  smaller local "hidden gem" courses.

 

Third Party Objectors

 

There being no representative from the Ardersier and Petty Community Council present, the objectors were given the opportunity to put forward their views.

 

Whilst broadly supportive of the development, concerns were raised relating to:

 

• the lack of proper drainage infrastructure: there were already around 90 houses in the vicinity on septic tank systems and which therefore impinged on Castle Stuart Bay and the Moray Firth; the development proposals equated to around 280 additional dwellings - in effect there would be a small village without a proper drainage system; the Council had done much over the years to improve the drainage arrangements - a piecemeal approach of small treatment works was not the best way forward
• the proposals to pump waste water to a land locked location were unsatisfactory - discharge should be to the Firth
• the scale of the proposals - a 1km ribbon up to five stories high - would have a significant visual impact and would be detrimental to the rural landscape; a decrease in the height and number of buildings was sought.

 

Applicants' Response to Points Raised

 

There being no questions for the objectors, and the Chairman having ascertained that there were no further parties wishing to speak, the applicants responded to additional points made, stating that:

 

• tree planting would help screen and soften the buildings and the taller buildings would be sited in hollows in the landscape
• the development would be a beacon for the Highlands, although smaller in scale than Gleneagles or Turnberry
• the development would indeed change the character of the landscape, but it was hoped that local residents would come to be proud of what was created.

 

In accordance with procedure, the Chairman sought confirmation from the objectors and applicants that they were satisfied with the way the hearing had been conducted.  This was given.

 

Summing-up and Discussion

 

The Planning Officer gave a full summary of the main points of the application, making reference to the pertinent Policies as detailed in the report; the responses from key consultees; the potential for economic benefit; the outstanding water supply issues which would be dealt with by conditions; the proposed Section 75 Agreement to ensure that the development progressed as planned; and the possibility of further discussion with regard to the Bond proposed under the Section 75 Agreement.  She also referred Members to the amendments and/or additions to the suspensive conditions required, as set out in the tabled paper:

 

• revision of the road alteration conditions to include reference to Road Construction Consent (Conditions 36,37 and 38 to be amended)
• condition requested by SNH that bunding be put in place during the moratorium period on construction  (Conditions 13 and 14 to be amended)
• detailed planning permission required for development and construction of the Lonnie Golf Course (additional Condition 53)
• use of the timeshare units to be restricted to timeshare only; to be no use as permanent residences (additional Condition 54)
• the development of subsequent timeshare units to be dependent on proof of substantial uptake of the preceding phase (additional Condition 55).

 

The local Member, Mr R A C Balfour, advised that the majority of the local community accepted the plans for the golf course, as this was preferable to a housing development, but that concerns regarding the scale and impact of the hotel complex, which would have a significant impact on visual amenity, remained.  His view was that, as long as the conditions were scrutinised and enforced rigorously, the proposals were in general acceptable.  However, he requested that consideration be given to the following additional conditions: (i) that the section of the B9035 between Castle Stuart and the proposed golf course access, with its sharp bends and “blind” spots, be realigned using planning gain, as it could not be assumed that existing traffic would divert to the new airport road, this being 1.5 miles further from Inverness, and thus the B9035 would carry additional load; (ii) that a cycle track be provided around Lonnie Farm, linking to the Alturlie Road (this being different from the coastal trail referred to in condition 18); and (iii) that the access to Old Petty burial ground be improved. 

 

In reply, the Planning Officer advised that the applicants had indicated that they would be willing to enter into discussion regarding the cycle track, although it would be difficult to establish the links as requested, and that this matter was covered by condition 35.  A Member suggestion that the last line of condition 35 be amended with the addition of the words "including walking and cycling but excluding motorcycles" was generally accepted.

 

Discussion then took place regarding the adequacy of the road network to carry the traffic likely to be generated by the development.  Officers stated that the application had been subject to scrutiny by both TEC Services and the Scottish Executive as Trunk Roads Authority, and that neither had been of the view that the existing road network required upgrading.  Further, should Members wish any conditions to be added in this regard, the application would need to be deferred for further input from the Roads Authorities.  Officers acknowledged, however, that the traffic flows following the imminent opening of the new airport road were not yet known.  As it was therefore possible that the levels of traffic along the B9035 as estimated by the Roads Authorities could prove to be too low, the Director suggested that, to address the concerns raised, a clause might be added to the Section 75 Agreement to the effect that TEC Services be instructed to monitor the use of the B9035 following the opening of the airport road, and, if it were found that road improvements were required as a direct result of increased traffic from the golf course development, a contribution towards the costs of these works be sought from the applicants.  There was a mixed response to this suggestion, with a number of Members voicing concerns both at the precedent this approach would set and at the difficulty in being able to determine the amount of traffic which had been generated by the development alone.

 

In answer to other questions raised, Officers advised that:

 

• finishes to the buildings would be as set out in the application, including slate, sandstone and rendering; officers would inspect samples prior to giving approval to the works going ahead
• an estimate would be made of the cost of construction of the Lonnie course and the value of the Bond would be determined on the basis of this
• only the cottage at the entrance to the development and the Balnaglack steading buildings would be demolished, with the farmhouse building being converted; stone would be re-used wherever possible and a condition to this effect would be added to any planning consent given
• additional wear and tear caused to access roads during construction would be made good by the developer.

 

The Committee in general supported the proposals.

 

Mr R A C Balfour, seconded by Mr R Wynd, MOVED that the application be approved on the basis as set out in the report, but with the inclusion of: (i) the tabled conditions; (ii) the extension of condition 35 to specify "walkers and cyclists but excluding motor cycles"; and (iii) the addition of a clause within the Section 75 Agreement to the effect that an examination of traffic flow would take place following the opening of the new airport road and that, if the development were found to have generated additional traffic beyond the foreseen levels, the developers be required to meet the costs of any upgrading required. 

 

As an AMENDMENT, Mr C L Goodman, seconded by Mr R Lyon, moved that the application be approved as per the motion, but excluding the clause proposed at (iii) above relating to the Section 75 Agreement.

 

On a vote being taken, the MOTION received 7 votes and the AMENDMENT received 11 votes and the AMENDMENT was therefore CARRIED, the votes cast being as follows:- 

  
 For the Motion

 

 

For the Amendment

 

 

Decision

 

The Committee APPROVED the application, subject to the prior conclusion of an appropriate legal agreement covering the six issues set out in Section 8 of the report and acceptance by the Scottish Environment Protection Agency (and confirmed by Scottish Natural Heritage) that the revised water sourcing was acceptable; and to conditions as set out in the report, with the addition to Condition 35 of the words "including walking and cycling but excluding motorcycles" and to further conditions as tabled at the meeting.

 The meeting ended at 1.30 p.m.