Minutes of Meeting of the Planning Review Body held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday 28 April 2011 at 10.30 am.

 

Present:

 

Mr W Ross
Ms M Smith
Mr R Durham
Dr A Sinclair
Mr K Macleod
Mr H Wood
 

In Attendance:


Mr R Hartland, Planning Adviser
Mrs K Lyons, Principal Solicitor (Clerk)
Ms L Lee, Administrator


Mr W Ross in the Chair

 

Business

 

1. Apologies for Absence

 

Apologies for absence were intimated on behalf of Mrs I McCallum, Mrs I Campbell and Mr D Fallows.

 

2. Declarations of Interest

 

Item 5.3 – Mr H Wood.

 

3. Minutes of Meetings of 8 December 2010

 

The Minutes of Meetings of 8 December 2010, copies of which had been circulated with the agenda, were APPROVED.

 

4. Minutes of Meetings of 24 February 2011

 

The Minutes of Meetings of 24 February 2011, copies of which had been circulated with the agenda, were APPROVED.

 

5. New Notices of Review

 

5.1 Formation of New Road and Access and Provision of House Site, land 165m North of Glen Sheil, North Ballachulish, Onich for Mrs Jean Robertson 11/00004/RBRREF (RB-10-11) (Booklet A1|A2)


There had been circulated Notice of Review No. RB 11/00004/RBRREF for the formation of new road access and provision of house site at land 165m North of Glen Shiel, North Ballachulish, Onich, for Mrs Jean Robertson.

 

The Clerk confirmed that the Notice of Review was competent.


The Clerk also confirmed that all Members of the Planning Review Body had been provided, in advance of the meeting, with complete copies of the documents received from the applicant lodging the Notice of Review and all interested parties’ responses. After a presentation of photographs identifying the site and its surroundings, the Planning Review Body AGREED that their requirement for information had been satisfied by the Notice of Review documentation contained in Booklet A of the Planning Review Body agenda papers.

 

The Clerk provided a factual overview of the application and the submissions received in connection with the Notice of Review, noting that the development plan policies and material considerations relevant to the determination of the Notice of Review were as follows:

 

Assessment against development plan:

 

Highland Structure Plan 2001:
G2 – Design for Sustainability
H3 – Housing in the Countryside
A1 – Safeguarding of Agricultural Land

 

West Highlands and Islands Local Plan:
Policy 3 – Wider Countryside;
Policy 4.2 – Natural, Built and Cultural Heritage
The application site is outside but adjacent to the settlement boundary and an allocated housing site.

 

Material Considerations:
Planning Advice Note 42 – Archaeology
Consultee responses

 

Debate and Decision


Having considered all of the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review.  Clarification was given to Members on issues raised relating to land ownership and the distance of the proposed house from other properties in the vicinity.  The PRB gave consideration to the settlement pattern and boundary, archaeological issues, access and the possible loss of agricultural land.

 

Following discussion, the PRB dismissed the Notice of Review for the following reasons, namely:

 

1. Highland Structure Plan Policy H3 states that new housing will generally be 
    located within existing or planned settlements; in countryside areas outwith the
    hinterland around towns, developments will only be supported if they
    demonstrate appropriate location, scale and design. The proposed house is
    located in the centre of an area of peat moss/croftland/common grazings which
    lies significantly outwith the North Ballachulish Settlement Development Area.
    The site bears no relationship to the linear roadside pattern of development in
    North Ballachulish and, if approved, would introduce undesirable residential
    development into an area of principally undeveloped, open countryside. On this
    basis, the application fails to accord with Policy H3 of the Highland Structure Plan.

 

2. Highland Structure Plan Policy G2 and West Highland and Islands Local Plan Policy
    3 state that development proposals will only be supported if they are
    sympathetic to existing patterns of development and are compatible with
    landscape character. The proposed house is located in the centre of an area of
    peat moss/croftland/common grazings which lies significantly outwith the North
    Ballachulish Settlement Development Area. The site bears no relationship to the
    linear roadside pattern of development in North Ballachulish and, if approved,
    would introduce undesirable residential development into an area of principally
    undeveloped, open countryside within a National Scenic Area and would result in
    the undesirable loss of both peat moss and croftland. On this basis, the
    application fails to accord with the requirements of both Policy G2 of the Highland
    Structure Plan and Policy 3 of the West Highland and Local Plan.

 

3. Highland Structure Plan Policy G2 and West Highland and Islands Local Plan Policy
    4.2 state that development proposals will only be supported if they will not
    compromise any amenity and heritage resource; in this instance a National
    Scenic Area designation. The land comprising and surrounding the application site
    constitutes a significant area of peat moss and croftland which represents an
    important tract of undeveloped countryside framing the eastern edge of North
    Ballachulish. Unplanned, piecemeal residential development in this area will
    undermine the open character of the land, impact detrimentally on its ecology
    and biodiversity and lead to (and set a precedent for) the creep of residential
    development outwith the clearly defined settlement boundary. All of these issues
    would have a detrimental impact on the character and integrity of the National
    Scenic Area and therefore the application fails to accord with the requirements of
    both Policy G2 of the Highland Structure Plan and Policy 4.2 of the West
    Highland and Local Plan.

 

4. Highland Structure Plan Policy G2 and Planning Advice Note 42 (Archaeology)
    require that when determining a planning application, the desirability of preserving
    an archaeological monument (whether scheduled or not) and its setting is a
    strong material consideration. As advised by the Council's Archaeology Unit, the
    proposed development is likely to have a significant impact on a sensitive area
    which is rich in important archaeology. This includes not only an impact on
    localised archeologically remains, but also a detrimental impact on the ecosystem
    of the moss within which other archaeology is located.  If this ecosystem is
    impacted upon significantly, it is likely to damage other archaeological deposits
    without any opportunity being afforded for proper records or preservation. It is
    therefore considered that the proposed house and access track would have an
    unacceptable impact on archaeological features in the area and thus cannot be
    supported under Policy G2 or the guidance contained within Planning Advice Note
    42.

 

5. Highland Structure Plan Policy G2 requires that all development proposals are
    compatible with service provision (including roads) and West Highland and Islands
    Local Plan Policies 3 and 18 require all development proposals to be adequately
    serviced and designed for the safety and convenience of all potential road users.
    While the application includes proposals for a new vehicular access, the applicant
    has failed to demonstrate that they have control over any or all of the land
    required in order to provide visibility splays at the junction with the public road
    (B863). Without demonstrating that the provision and future maintenance of
    visibility splays is possible, the applicant cannot guarantee that visibility splays can
    be provided (or maintained) and that the use of the junction will not be of
    detriment to the safety and free-flow of vehicles and pedestrians. On this basis,
    the application fails to accord with both Policy G2 of the Highland Structure Plan
    and Policies 3 and 18 of the West Highland and Islands Local Plan.

 

6. Highland Structure Plan Policies G2 and A1 presume against development where it
    would impact detrimentally on locally important agricultural land, and West
    Highland and Islands Local Plan Policy 3 presumes against development where it
    would impact detrimentally on locally important croftland. Sections of the
    application site can be classed as being croftland of reasonable agricultural quality
    (or as having potential to be so following sympathetic re-improvement) and the
    rest of the site is common grazing land; thus the entire area is of importance to
    the local crofting community. Permitting development on this land would not only
    result in the loss of a portion of locally important ground, but would set a
    precedent for further development which would further undermine this resource.
    The extensive access track would also bisect a section of common grazings,
    thus giving rise to the potential for servicing difficulties for crofters managing their
    livestock. On this basis, the application if permitted would have a detrimental
    impact of crofting interests and fails to accord with the requirements of Policies
    G2 and A1 of the Highland Structure Plan and Policy 3 of the West Highland and
    Islands Local Plan.


5.2 Erection of Two Storey Extension to Rear of Existing House to form new Kitchen and Bathroom at 9 Blackwell Road, Culloden, Inverness for Mr and Mrs C Toddie 11/00006/RBIREF (RB-12-11) (Booklet B)

 

There had been circulated Notice of Review No. RB11/00006/RBIREF for the erection of a two storey extension to the rear of the existing house to form a new kitchen and bathroom at 9 Blackwell Road, Culloden, Inverness for Mr and Mrs C Toddie.    
 
The Clerk confirmed that the Notice of Review was competent.

 

The Clerk also confirmed that all Members of the Planning Review Body had been provided, in advance of the meeting, with complete copies of the documents received from the applicant lodging the Notice of Review and all interested parties’ responses.  After a presentation of photographs illustrating a similar extension which had been constructed at a comparable property in the locality, the Planning Review Body AGREED that their requirement for information had been satisfied by the Notice of Review documentation contained in Booklet B of the Planning Review Body agenda papers.

 

The Clerk provided a factual overview of the application and the submissions received in connection with the Notice of Review, noting that the development plan policies and material considerations relevant to the determination of the Notice of Review were as follows:

 

Assessment against development plan:

 

Highland Structure Plan 2001:
Policy G2 – Design for Sustainability

 

Inverness Local Plan:
Housing Settlement Policy
GP1 – Design Principles
GP3 – Designed Sustainable Construction

 

Material considerations:
Planning history
Development Advice Note 1 – House Extensions

 

Debate and Decision

 

Having considered all of the supporting paperwork, the Planning Review Body (PRB) discussed the Notice of Review.  Whilst noting that planning approval had previously been given for a joint extension to the property and the adjoining house, Members considered the application on its own merits, as submitted.  Whilst accepting that some aspects of the design had had, of necessity, to be changed from the existing permission, the PRB was of the view that the application was too large in relation to the available ground.


Following discussion, the PRB dismissed the Notice of Review for the following reason, namely:

 

1. The proposed extension would be excessively large, disproportionate in relation
    with the existing property and the adjoining house, creating an unsuitable form of
    building and causing overdevelopment of the site.  It would result in a two storey
    development built on the common boundary of an attached property,
    detrimental to standards of amenity and privacy available to this and other
    houses.  For these reasons the proposal was contrary to Highland Structure Plan
    G2 which required sensitive siting and design, and would result in detriment to
    individual and community residential amenity.  The proposal was also contrary to
    the design aims and principles set out in the Inverness Local Plan Settlement
    Policy for Housing and General Policies 1 and 3, and to the guidance contained in
    Development Advice Note 1: House Extensions.

 

5.3 Erection of Dwellinghouse at Wardlaw Parish Church, Wardlaw Road, Kirkhill for the Church of Scotland  11/00013/RBIREF (RB-13-11) (Booklet C1|C2|C3)

 

Mr H Wood declared a non financial interest in this Item on the grounds that he was one of the local Members for Ward 13, Aird and Loch Ness and therefore not permitted to participate in the determination of the Notice of Review.  Mr Wood left the Chamber for this item.

 

There had been circulated Notice of Review No. RB 11/00013/RBIREF for the erection of a dwellinghouse at Wardlaw Parish Church, Wardlaw Road, Kirkhill, for the Church of Scotland.

 

The Clerk confirmed that the Notice of Review was competent.

 

The Clerk also confirmed that all Members of the Planning Review Body had been provided, in advance of the meeting, with complete copies of the documents received from the applicant lodging the Notice of Review and all interested parties’ responses.  After a presentation of photographs identifying the site and its surroundings, the Planning Review Body AGREED that their requirement for information had been satisfied by the Notice of Review documentation contained in Booklet C of the Planning Review Body agenda papers.

 

The Clerk provided a factual overview of the application and the submissions received in connection with the Notice of Review, noting that the development plan policies and material considerations relevant to the determination of the Notice of Review were as follows:

 

Assessment against development plan:

 

Highland Structure Plan 2001:

G2 – Design for Sustainability

 

Inverness Local Plan:
Kirkhill Section

 

Material considerations:
Highland wide Local Development Plan – Policy 29 – Sustainable Design
Impact on the setting of a listed building
Consultee responses

 

Debate and Decision

 

Having considered all of the supporting paperwork, the Planning Review Body (PRB) discussed the Notice of Review.  The PRB was of the view that the development would have little impact on the listed building, and was satisfied that a solution to concerns raised by forestry officers had been identified.

 

Thereafter the PRB upheld the Notice of Review for the following reason: that the proposals were not contrary to Policy G2 as sensitive siting had been demonstrated, and AGREED that planning permission be granted subject to the undernoted conditions.  The Review Body felt it more appropriate in respect of visual amenity to limit the height of the house to 1½ storeys.

 

1. This planning permission in principle shall lapse THREE YEARS from the date of
    this permission should no subsequent application for the approval of matters
    specified in conditions be submitted within this time. In any case, the
    development to which this permission relates must commence no later than
    THREE YEARS, or TWO YEARS from the date of approval of any matter(s)
    specified in conditions, whichever is the later.

 

Reason:  In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

 

2. A further application, or applications, for the approval of matters specified in this 
    condition must be made within THREE YEARS of the date of this decision notice.
    The application shall be in the form of a detailed layout of the site (including
    landscaping and car parking), and detailed plans, sections and elevations of the
    building/s. The MATTERS specified in this condition are the siting, design and
    external appearance of any building(s), the means of access and landscaping.

 

Reason:   In order to accord with the statutory requirements of the Town and Country Planning (Scotland) Acts.

 

3. The house for which planning permission is hereby approved shall not be
    occupied unless the surface water drainage associated with the development
    including areas of hardstanding and the driveway, is installed and completed to
    the satisfaction of the Planning Authority and in accordance with SEPA’s guidelines
    on SUDS.  Full details of proposed arrangements shall form part of the Matters
    Specified in Conditions referred to in condition 2 hereof. There shall be no
    commencement of this development until such details are submitted to and
    approved in writing by the Planning Authority. 

 

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

 

4  The vehicular access to the site shall be located, designed and constructed to the
    standards and specifications recommended by the Roads Authority in the
    Guidance for on Access, Road Safety and Drainage Requirements for Single
    Houses as amended and to the satisfaction of the Planning Authority. This will 
    involve the formation of an access and service layby in accordance with Drawing
    SDB1 mentioned in Appendix 1 of that document with visibility splays of 2.4m by
    20 m unless otherwise approved in writing with the Planning Authority (and these
    requirements will be shown on the plans submitted with the application for
    matters specified in conditions). No works shall start on site until the access and
    service layby as shown on plan 10-009-D(90)002 is formed to allow access to
    the site for construction works and the surfacing shall be finished at the time of
    completion or occupation of the house, whichever is the soonest.

 

Reason: In the interests of road safety.

 

5. Construction work associated with the development hereby approved, for which
    noise is audible at the boundary of the site shall only be carried out between
    08:00 and 19:00 Monday to Friday, between 08:00 and 13:00 on Saturdays and
    at no time on a Sunday or Public Holidays.

 

Reason: To minimise the risk of noise nuisance given the close proximity of the existing houses.

 

6. Delivery of construction materials to the site shall be between the hours of 08:00
    and 18:00 Monday to Friday, 08:00 and 13:00 on Saturdays and at no time on
    Sundays or Public Holidays.

 

Reason:  To minimise the risk of noise nuisance given the close proximity of the existing houses.

 

7. The house hereby approved shall not exceed 1½ storeys in height and shall be
    of a traditional design and proportion reflecting the character of the existing
    houses in the area and to respect the setting of the Listed Building with the
    external finishes shall be specified in the application for Matters Specified in
    Conditions. The roof shall be clad in natural slate and the walls finished in a wet
    dash harl (colour to be agreed) unless otherwise approved in writing with the
    Planning Authority.  

 

Reason: In the interests of amenity.

 

8. Consent is herby granted for the location and footprint of the house as submitted
    with drawing 10-009-D(90)002 and this shall be adhered to to reflect the
    comments of the Forestry Officer in terms of setback from the trees.

 

Reason: To safeguard the trees surrounding the site.

 

9. The application for matters specified in conditions shall be accompanied by a Tree
    Protection Plan and Arboricultural Method Statement in accordance with BS5837,
    2005, Trees in Relation to Construction – Recommendations, identifying:

  • the details and positions of the Tree Protection Barriers identified separately where required for different phases of construction work.
  • the details and positions of Construction Exclusion Zones.
  • the details and positions of the underground service runs
  • the details of any special engineering required to accommodate the protection of retained trees 
  • the details of the working methods to be employed for the installation of drives and paths within the RPAs of retained trees in accordance with the principles of “No-Dig” construction.
  • the details of the working methods to be employed with regard to the access for and use of heavy, large, difficult to manoeuvre plant on site.
  • the details of the working methods to be employed with regard to site logistics and storage, including an allowance for slopes, water courses and enclosures, with particular regard to ground compaction and phytotoxicity.
  • the details of the method to be employed for the stationing, use and removal of site cabins within any RPA.
  • the timing of the various phases of the works or development in the context of the tree protection measures

all to the satisfaction of the Planning Authority.

 

Reason: In the interests of visual amenity and to safeguard trees.

 

10. No work shall start on site until a fully detailed scheme of landscaping for the 
     site, including a scheme of maintenance, is submitted and approved by the
     Planning Authority. The plan will include a scale drawing which shows the location
     of tree planting along with a schedule which details the size, quantity, means of
     protection and species of trees and shrubs to be planted. All planting hereby
     approved shall be undertaken in the first planting season following completion or
     occupation of the development, whichever is the soonest, and shall thereafter
     be maintained in accordance with the approved scheme of maintenance. Any
     plants which, within a period of 5 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. For the avoidance of doubt Cupressocyparis Leylandii and
     Chamaecyparis Lawsoniana should not be planted as a boundary.

 

Reason: In the interests of visual and residential amenity.

 

11. Within the development site, and with effect from the date of this consent, no
     trees shall be removed from the site unless specifically agreed in writing with the
     Planning Authority, and no lopping, topping, felling or other cutting or disturbance
     of the trees shall be undertaken without the express consent of the Planning
     Authority, with all existing trees shown on the site plan for the application for
     matters specified in conditions.

 

Reason: In the interests of visual and residential amenity.
 
12. Prior to the commencement of development, arrangements for an
     archaeological watching brief to be carried out on site clearance and excavation
     works, in accordance with the attached specification, shall be submitted to and
     require the approval in writing of the Planning Authority. No site clearance or
     excavation works shall take place until that approval has been given and all such
     works shall thereafter be implemented in accordance with the approved
     arrangements.

 

Reason: This application is for a site where there is a significant risk that buried archaeological or historical remains could be affected. Although the full nature and extent of these features is not known, they are expected to be of historic interest and of value to future research, and as such they should not be destroyed without being recorded.


5.4 Erection of House including associated Access Track, Winter Parking, and Installation of Septic Tank with Soakaway at Croft No. 16 Geary, Waternish, Isle of Skye for Mr Calum Matheson 11/00005/RBRREF (RB-11-11) (Booklet D1|D2)

There had been circulated Notice of Review No. RB 11/00005/RBRREF the erection of a house, including associated access track, winter parking and installation of septic tank with soakaway, at Croft No. 16, Geary, Waternish, Isle of Skye for Mr Calum Matheson.

 

The Clerk confirmed that the Notice of Review was competent.

 

The Clerk also confirmed that all Members of the Planning Review Body had been provided, in advance of the meeting, with complete copies of the documents received from the applicant lodging the Notice of Review and all interested parties’ responses.  After a presentation of photographs identifying the site and its surroundings, the Planning Review Body AGREED that their requirement for information had been satisfied by the Notice of Review documentation contained in Booklet D of the Planning Review Body agenda papers.

 

The Clerk provided a factual overview of the application and the submissions received in connection with the Notice of Review, noting that the development plan policies and material considerations relevant to the determination of the Notice of Review were as follows:

 

Assessment against development plan:

 

Highland Structure Plan 2001:
G2 – Design for Sustainability
H3 – Housing in the Countryside

 

West Highlands and Islands Local Plan:
Policy 3 – Wider Countryside
Policy 4 – Natural, Built and Cultural Heritage
Policy 17 – Design Quality and Place Making
H3 – housing in the countryside: Settlement development area of Geary deleted from West Highland and Islands Local Plan (WHILP) – any proposals to be judged against the Plan’s more restrictive countryside policies.

 

Material considerations:
Landscape Character Assessment – defines Geary as linear crofting
Consultee responses

 

Debate and Decision

 

Having considered all of the supporting paperwork, the Planning Review Body (PRB) discussed the Notice of Review.   The PRB was of the view that whilst there could not be a “free for all”, there was an element of subjectivity when considering such issues as visibility.  The settlement pattern showed houses at various levels, and was not “linear”.  The Planning Adviser confirmed that the further submission of drainage proposals indicated that a suitable drainage solution could be provided and this would require to be approved by Building Standards Officers in the assessment of a building warrant for the works and the PRB could therefore be confident that the drainage issues would be resolved. 

 

Following discussion, the PRB upheld the Notice of Review for the following reasons: that the proposal did not contradict Policy G2 as the house would be relatively unobtrusive; the development would not disrupt the settlement pattern, as other properties in the locality were sited at various levels; and AGREED planning permission be granted subject to the following conditions:

 

1. Plans and particulars of the matters listed below shall be submitted for
    consideration by the planning authority, in accordance with the timescales and
    other limitations in section 59 of the Town and Country Planning (Scotland) Act
    1997 (as amended). No work shall begin until the written approval of the
    authority has been given, and the development shall be carried out in
    accordance with that approval.

 

Reason: To ensure that the matters referred to are given full consideration and to accord with section 59 of the Town and Country Planning (Scotland) Act 1997, as by the Planning etc. (Scotland) Act 2006.

 

2. The plans and particulars referred to in condition 1 shall be in the form of a
    detailed layout of the site (including landscaping and car parking), and detailed
    plans, sections and elevations of the building/s. The MATTERS specified in
    condition 1 are the siting, design and external appearance of any building(s), the
    means of access and landscaping.

 

Reason: To ensure that the matters referred to are given full consideration and to accord with section 59 of the Town and Country Planning (Scotland) Act 1997, as by the Planning etc. (Scotland) Act 2006.

 

3. Notwithstanding the provisions of Article 1 and Class 1 (extension, enlargement,
    improvement, alteration of the dwelling) and Class 3 (building, enclosure,
    incidental to the enjoyment of the dwelling and maintenance, improvement,
    alteration thereof) of Schedule 1 of the Town and Country Planning (General
    Permitted Development) (Scotland) Order 1992, no development shall take place
    within the curtilage of the house hereby approved without the prior written
    approval of the Planning Authority.

 

Reason: In the interest of visual amenity having regard to the exposed position of the site and its curtilage so as to prevent a negative impact on public visual amenity through development normally undertaken without express planning permission.

 

4. Any details pursuant to Condition 2 above shall include full details of the proposed
    foul and surface water drainage arrangements. Such details shall be submitted to
    and approved by the Planning Authority in consultation with Building Standards
    and/or SEPA. These details shall include, a detailed survey plan showing all
    existing and proposed foul and surface water soakaways and drainage pipe runs,
    details of the size, capacity and location and means of discharge of the drainage
    arrangements proposed and satisfactory percolation tests. The approved
    scheme shall be fully implemented prior to the first occupation of the dwelling
    house hereby approved and maintained in that form in perpetuity.

 

Reason: For the avoidance of pollution and flooding.

 

5. The access and driveway from the public road hereby approved shall be
    constructed in full accordance with the TECS (Roads) consultation response
    dated 17 September 2010 (Copy enclosed), and in full accordance with the
    attached Standard Access Specification Drawing. The approved access shall not
    be constructed other than in accordance with the approved details, shall be
    completed prior to the first operation of the development approved and shall be
    maintained in perpetuity in this form thereafter.

 

Reason: In the interests of highway safety.

 

5.5 Erection of 2 Single Storey Houses, formation of new access to A87 and Sewerage Treatement at 1 Eyre, Snizort, Kensaleyre, Isle of Skye, for Mr James Lamont Jnr 11/00011/RBRREF(RB-15-11) (Booklet E1|E2|E3)

 

There had been circulated Notice of Review No. RB 11/00011/RBRREF for the erection of 2 single storey houses, formation of new access to A87 and sewerage treatment at 1 Eyre, Snizort, Kensaleyre, Isle of Skye, for Mr James Lamont Jnr.

 

The Clerk reported that the Notice of Review related to the non determination of a local application, and confirmed that the Planning Review Body had a period of two months (until 10 May 2011) in which to determine the Notice of Review. She also confirmed that the Notice of Review was competent.

 

Copies of site plans and photographs of the site had been tabled at the start of the meeting.  The Clerk confirmed that all Members of the Planning Review Body had been provided, in advance of the meeting, with complete copies of the documents received from the applicant lodging the Notice of Review and, under exception of the plans and photographs received from the planning officer and referred to above, all interested parties’ responses. After a presentation of photographs identifying the site and its surroundings, the Planning Review Body AGREED that their requirement for information had been satisfied by the Notice of Review documentation contained in Booklet E of the Planning Review Body agenda papers and the site plans and photographs as tabled.

 

The Clerk provided a factual overview of the application and the submissions received in connection with the Notice of Review, noting that the development plan policies and material considerations relevant to the determination of the Notice of Review were as follows:

 

Assessment against development plan:

 

Highland Structure Plan 2001:
G2 – Design for Sustainability
H3 – Housing in the Countryside
T6 – Scenic Views

 

West Highlands and Islands Local Plan:
Policy 3 – Wider Countryside
Policy 4 – Natural, Built and Cultural Heritage
Policy 17 – Design Quality and Place Making

 

Material considerations:
Consultee Responses
Representations from interested parties on planning grounds
Planning history

 

Debate and Decision

 

Having considered all of the supporting paperwork, the Planning Review Body discussed the Notice of Review.   The key issues were considered to be the visual impact of the proposed development on views over open water and the planning history of refused applications on the application site.  The PRB noted that issues relating to the access proposals had been resolved.  The PRB also noted that the issues raised relating to the processing of the planning application would be investigated by the Planning Advisor in his role as Head of Planning and Building Standards.

 

The Planning Review Body therefore dismissed the Notice of Review for the following reasons, namely:

 

1. The proposed dwellings were positioned close to the seaward side of the A87, a
    major tourist route on the island, in an area of Protected Views Over Open
    Water.  Consequently, by virtue of their siting, mass and form, they would
    intrude into, obstruct and have an unacceptable and significantly detrimental
    impact up on views of the high quality landscape of Loch Snizort Beag and the
    Aird Bernisdale peninsula otherwise available to users of the Trunk road between
    Portree and Uig.  As such, the development would be contrary to the aims of
    Polices G2 and T6 of the Highland Structure Plan and Polices 4.1 and 3 of the
    West Highland and Islands Local Plan.

 

2. The proposed dwellings were located in an area of open, undeveloped land
    between two distinct groups of housing alongside the A87.  This linear pattern of
    discrete groups of development interspersed by open agricultural land is the
    established settlement character and landscape pattern of this part of the
    island.  The proposal would serve to blur this distinct pattern, drawing the two
    housing groups together into a “ribbon development” form to an extent that
    would have an unacceptable and significantly detrimental impact upon the
    landscape character of the area.  As such, the development would be contrary
    to the aims of Policies G2 and H3 of the Highland Structure Plan and Policies 3
    and 17 of the West Highland and Islands Local Plan.

                                                                                                                     
The meeting ended at 11.45 a.m.