Minute of the meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 14 August, 2012 at 10.30 am.

 

Committee Members Present:

 

Mrs Biz Campbell, Mr Robert Coghill (by video conference to Item 5.1); Mr George Farlow; Mr Bill Fernie (by video conference to Item 5.1); Mr Mike Finlayson; Mr Craig Fraser; Mr Donnie Mackay (from Item 5.7); Mrs Angela MacLean (Items 1 – 5.3); Mr Alex MacLeod; Mrs Isobel McCallum; Mr Drew Millar; Mrs Margaret Paterson; Mr Graham Phillips (Items 1 – 5.3); Mr Ian Renwick; Mrs Audrey Sinclair.

 

Non Committee Members Present:

 

Mrs Maxine Smith (local member vote for item 5.4)

 

Officials in attendance:

 

Mr Alaisdair Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr Dafydd Jones, Area Planning Manager North
Mrs Julie Ferguson, Team Leader, Dingwall
Mrs Rebecca Hindson, Planner
Mr Campbell Stewart, Area Roads and Community Works Manager
Mr Cameron Kemp, Area Roads and Community Works Manager
Mrs Alison MacArthur, Acting Administrative Assistant
Miss Joanne Green, Administrative Assistant
Mr Scott Taylor, Administrative Assistant

 

Business

 

Mrs Isobel McCallum in the Chair

 

The Chairman confirmed that the meeting would be filmed and broadcasted over the Internet on the Highland Council website and would be archived and available for viewing for 12 months. 

 

1.  Apologies

 

Apologies were received from Mr Ian Renwick, Mrs Fiona Robertson and Mrs Carolyn Wilson.

 

The Committee noted that due to the road being blocked at Berriedale, Mr Donnie Mackay might be late in arriving.

 

2.  Declarations of Interest

 

The Planning Committee then NOTED the following declarations of interest:-

  • Item 5.1 - Mr Craig Fraser (Non Financial)

3.  Confirmation of Minutes

 

There had been circulated for confirmation the minutes of the Committee meeting held on 19th June 2012.  The minute was APPROVED. 

 

4.  Planning Applications to be Determined

 

4.1  Applicant: Mr and Mrs M MacNaughton (11/04728/FUL) (PPA-270-2075)
Location: Lochview, Alligin, Achnasheen, IV22 2HB (Ward 6)
Nature of Development: Erection of Extension to House

 

The Committee NOTED that an appeal against refusal had been lodged. 

 

5.  Planning Applications to be Determined

 

Mr Craig Fraser declared a non-financial interest in item 5.1 following as he personally knew one of the objectors and left the meeting during consideration of this item. 

 

5.1  Applicant: Mr and Mrs P Beszant (11/02798/FUL) (PLN-059-12 (1150kb pdf))
Location: Land 30 m east of 10 Dunhallin, Dunhallin, Hallin, Dunvegan  (Ward 11)
Nature of Development: Erection of dwelling house, formation of access track, installation of effluent treatment system
Recommendation: Grant

 

There had been circulated Report No PLN/059/12 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

 

Councillor George Farlow noted that one of the objections was regarding the settlement development area in the Highland Development Plan but that this had been ameliorated by the new Highland-wide Development Plan thereby overcoming the objection.  A consistent problem was that the planning application came before the application to decroft.

 

Dafydd Jones replied that in recent times Planning had developed a pilot with the Crofters Commission which had led to the Crofters Commission being identified by the Scottish Government as a statutory consultee.  The Crofters Commission are now stronger in their guidance and in their response to applications. 

 

Drew Miller stated that although there were a considerable number of crofts in Skye sadly, there was a substantial number that were not working crofts.  He queried the situation regarding refuse collection and the responsibility for the roads and conditions put in place for previous applications that had slipped.  He would welcome vigorous pursuit of the conditions on previous applications and on this application.

 

Mr Kemp stated that waste management didn’t require roads to be kept at a particular standard when they are private as the refuse bins were collected from the road end where there was an obligation on new applications for a service bay.

 

Dafydd Jones stated that he was encouraged to note that the intention of one of the parties involved would be to pursue the work.  It is important that when conditions have been imposed that there is compliance and work is done timeously.  Following a query on who is responsible when a private road becomes intolerable due to the amount of houses in that road, Mr Jones confirmed that each application was re-assessed and the necessary road widening or other works were detailed in that application’s conditions.

 

The Committee AGREED the recommendation.

 

Due to a technical fault with the video conferencing equipment the meeting was suspended to try to rectify the problem as per the protocol.  The problem persisted and the video conference was terminated. 

 

5.2  Applicant: Mrs Sheila Cudby (11/03551/FUL) (PLN-060-12 (82kb pdf))
Location: Lair Croft, Achnashellach, Strathcarron  (Ward 6)
Nature of Development: Change of use oflLand to form camp site and alterations to part of building to provide toilet facilities
Recommendation: Refuse

 

There had been circulated Report No PLN/060/12 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

 

Councillors were concerned that there had been no flood risk evaluation.  The general indicative map supplied by SEPA indicating the flood risk didn’t show enough detail to determine the flood risk at this particular site. 

 

The Committee agreed to DEFER consideration of the application for up to six months to allow the Applicant to submit: a Flood Risk Assessment, sufficient details for TECS (Roads) with regard to visibility splays, restoration of the access width, acceptable verge and control of land to achieve these requirements and evidence of the sufficiency of the private water supply.

 

The application was to be brought back to Committee.

 

5.3  Applicant: Mr Kirk Taylor (12/00716/FUL) (PLN-061-12 (434kb pdf))
Location: Land 150 m west of Broombank, Heights of Fodderty, Strathpeffer (Ward 6)
Nature of Development: Erection of house with garage 
Recommendation: Refused

 

There had been circulated Report No PLN/061/12 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

 

Although Mrs Audrey Sinclair had sympathy with the applicant, it was unfortunate that the Kirkhill holding was not big enough to sustain a house.  It was suggested that the applicant try to secure some tenancy of Dochnaclear which would help his application.  The house design itself was also very large and would require some work.

 

Mrs Isabelle Campbell supported people who wished to remain in crofting and grant them permission to build a house.  At present the applicant was living in a caravan on the croft with his family.

 

Mrs Angela MacLean felt there was no justification for approval of this application.  The holding was very small and did not support a house.  The Crofters Commission was also against this application.  If the applicant was living in a caravan it was not a material planning consideration.  Several planning applications had previously been considered on this site and refused.

 

Mrs Isobel McCallum, seconded by Mrs Angela MacLean  moved  that the recommendation be agreed.

 

Mrs Isabelle Campbell, seconded by Mr George Farlow, moved as an amendment that the application be granted subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chairman. However after taking advice from the Officials on the sufficiency of reasons for granting planning permission they withdrew their amendment. They wished it noted that they both supported crofting; that the Applicant could reapply once he had security of tenure over more croftland and that an amended design for a smaller house be considered.

 

Accordingly the Committee AGREED the recommendation.

 

NB: Following the meeting it came to light that this application had been withdrawn that morning before the start of the meeting.  Accordingly the application should not have been considered and the Committee had no power to reach the decision which could not stand.

 

5.4  Applicant: Mrs Vivienne MacLeod (12/01350/FUL) (PLN-062-12 Part 1 (914kb pdf))
Location: 3 Saltburn Road, Invergordon, IV18 0HH (Ward 7)
Nature of Development: Replace existing fence and conifer hedging with a 1.8 m wooden fence 
Recommendation: Grant

 

There had been circulated Report No PLN/062/12 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

 

Mrs Maxine Smith explained that the Leylandii hedge that was being replaced had died and the applicant wanted a more permanent fixture with a hedge to protect the previous privacy of this house.  The design of the fence had been altered to take account of concerns, and would now be boarding with a gap fence would have a gap, be painted green and would blend in well.

 

The Committee AGREED the recommendation.

 

5.5 Applicant: The Highland Council (12/01878/FUL) (PLN-063-12 (161kb pdf))
Location: Land 100 m west of Kilmuir Burial Ground (Ward 11)
Nature of Development: Change of use from agricultural land to Burial Ground 
Recommendation: Grant

 

There had been circulated Report No PLN/063/12 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

 

The Committee AGREED the recommendation.

 

5.6  Applicant: Miss Aileen Nicholson (12/02218/FUL) (PLN-064-12 (713kb pdf))
Location: Land north of Failte, Ord, Teangue  (Ward 11)
Nature of Development: Erection of dwelling house  
Recommendation: Grant

 

There had been circulated Report No PLN/064/12 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

 

The Committee AGREED the recommendation.

 

5.7  Applicant: Director of Housing and Property, The Highland Council (12/02592/FUL) (PLN-065-12 (367kb pdf))
Location: Lochcarron Service Point, Lochcarron (Ward 6)
Nature of Development: Change of use of building from office (Class 2) to house (Class 9)
Recommendation: Grant

 

There had been circulated Report No PLN/065/12 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

 

The Committee AGREED the recommendation.

 

6.  Delegated Decisions

 

Mr Dafydd Jones gave a verbal report on the delegated decisions for June and July and the Committee agreed to NOTE the list of delegated decisions on planning applications which was available on the Members’ Bulletin and via the Highland Council website. 

 

There being no further business the meeting closed at 12.25 pm.