Committees

A meeting of the North Planning Applications Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 18 September 2012 at 10.30 am.

You are invited to attend and a note of the business to be considered is attached.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of any item before this Committee they must be present throughout the whole of that item in order to be entitled to participate.

Yours faithfully

Alaisdair Mackenzie, Legal Manager
(for Assistant Chief Executive)

1. Apologies
Leisgeulan

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There is submitted for confirmation as correct records the Minutes of Meeting of the 14 August 2012.

4. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

There are circulated Reports Nos PLN/065/12 - PLN/074/12 by the Area Planning Manager North as follows:-

4.1 Applicant: Major J Whitelaw (11/01377/FUL and 11/02398/LBC) (PLN-065-12 (977kb pdf))
Location: Former Church, Jamestown, Strathpeffer (Ward 06)
Nature of Development: Erection of House within Church Ruin and Reduction in Height of Existing Walls
Recommendation: Grant.

4.2 Applicant: Major J Whitelaw (12/02388/LBC) (PLN-066-12 (334kb pdf))
Location: A834 Jamestown Junction, Strathpeffer (Ward 06)
Nature of Development: Improvement Works to Existing Road
Recommendation: Grant.

4.3 Applicant: James Brown and Partners (12/00598/FUL) (PLN-067-12 (388kb pdf))
Location: Somerby Farm, Lochussie, Conon Bridge (Ward 09)
Nature of Development: Erection of Three 400 kw Wind Turbines on 28.6 m Towers (blade diameter 34 m)
Recommendation: Grant.

4.4 Applicant: The Scott Family (12/01130/FUL) (PLN-068-12 (1827kb pdf))
Location: Land 175 m SW of Balchraggan Cottage, Kildary (Ward 08)
Nature of Development: Provision of 20 Serviced House Plots (Detail), New Access Road, Landscaping and Drainage
Recommendation: Grant.

4.5 Applicant: Knockbain Renewables Limited (12/01287/FUL) (PLN-069-12 (728kb pdf))
Location: Land at Knockbain Farm, Dingwall (Ward 09)
Nature of Development: Erection of pone 400 kw Wind Turbine on a 28.4 metre high tower (blade diameter 34 m)
Recommendation: Grant.

4.6 Applicant: Mr Archie Robertson (12/02244/FUL) (PLN-070-12 (511kb pdf))
Location: Land 225 m SE of 5 Ashaig, Upper Breakish, (Ward 11)
Nature of Development: Installation of two 20 kw Wind Turbines on 20 m Masts
Recommendation: Grant.

4.7 Applicant: Mr and Mrs H MacLean (12/02330/PIP) (PLN-071-12 (301kb pdf))
Location: Land 60 m North West of The Farm Steading, Wester Templands, Fortrose (Ward 10)
Nature of Development: Erection of House and Garage
Recommendation: Refuse

Applicant: John G Ross and Partners (12/02331/PIP) (PLN-072-12 (303kb pdf))
Location: Land 100 m East of Eagle Lodge, Wester Templands, Fortrose (Ward 10)
Nature of Development: Erection of House and Garage
Recommendation: Refuse

4.8 Applicant: Ms Nicole Jane Kalloo (12/02387/FUL) (PLN-073-12 (416kb pdf))
Location: Skye Jewellery, Broadford, Isle of Skye (Ward 11)
Nature of Development: Change of Use of Premises from Retail and Jewellery Manufacture to Restaurant and Take Away and Siting of 2000 Litre LPG Tank
Recommendation: Grant.

4.9 Applicant: Mr Dave Hammonds (12/02551/FUL) (PLN-074-12 (413kb pdf))
Location: 42 High Street, Invergordon (Ward 07)
Nature of Development: Change of Use and Extension of Former Shop to form flat and Erection of 1.5 Storey House on Former Site of 1 School Lane
Recommendation: Grant.

5. Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

5.1 Applicant: Galliford Try Construction (11-04364/FUL)(PPA-270-2074 Part 1 (88kb pdf)|PPA-270-2074 Part 2 (72kb pdf))
Location: Between Fern Hollow and Evelix Cottage, Scotsburn (Ward 8)
Nature of Development: Erection of Three Houses and Three Garages

At its meeting in February 2012 the North Planning Committee declined to determine a planning application recommended for approval for three houses and a garage at Lamington near Scotsburn. The committee declined to determine on the grounds it felt the proposal was substantially similar to a development previously refused on the site. The applicants appealed the decision. A copy of the decision letter is attached. The Reporter has determined the Appeal and examined the claim for expenses made against the Council and has concluded:

The two applications were not "similar” in terms of section 39(1) of the 1997 act and that it was unreasonable for the Council to seek to decline to determine the Appellant’s application.
Allow the appeal and grant planning permission subject to the seven conditions listed.
The Council has acted in an unreasonable manner resulting in liability for expenses.

The level of costs awarded are not known as yet. Members are asked to note the position.

5.2 Applicant: Mr and Mrs M MacNaughton (11/04728/FUL)(PPA-270-2075 (141kb pdf))
Location: Lochview, Alligin, Achnasheen, IV22 2HB
Nature of Development: Erection of extension to house

The appeal was allowed and planning permission granted on 16 August 2012.

In summary, the Reporter noted that the existing adapted Doran structure is of no special design merit, lacking either interesting details or simple harmonious shape with carefully proportioned fenestration. The Reporter considers that the whilst the proposed house would, overall, be both longer and higher than the existing house, the use of runs of vertically emphasized windows separated by mullions would be a unifying feature, and the stepped and intricate arrangement of roofs would both avoid the creation of a single oversized mass of building and resonate with the complex landforms within which the house is set.

The Reports concluded that the extended house would provide flexible and sufficient family accommodation for continued residence in later years, in the community where the appellants are now long established as active full time members; thus avoiding the common situation where older members of an isolated community have no option but to move away to a more populated area. The Reporter considers that these are genuine considerations which, as a matter of judgment, would be enough to dispel any lingering doubts about the acceptability of the three-level extension, in terms of the special provision in Policy 36 of the adopted Highland wide Local Development Plan for development that would help to maintain communities in Fragile Areas. A copy of the decision letter is attached.

Members are asked to note the appeal decision.

6. Dates of Meetings in 2013
Cinn-latha Choinneamhan ann an 2013

The Committee is asked to note the following dates for 2013, as agreed at The Highland Council on 6 September 2012. All meetings will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness: