Planning Review Body Mintutes

Agenda

Minute of Meeting of the Planning Review Body held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 08 December, 2011 at 10.30 am.

Present:

Mr W Ross
Mrs I Campbell
Mr R Durham
Mr D Fallows
Mr K Macleod
Mrs I McCallum

In attendance:

Mr D Mudie, Planning Adviser
Mr P Adams, Solicitor (Clerk)
Mrs Alison MacArthur, Acting Administrative Assistant

Mr W Ross in the Chair
Mrs I McCallum in the Chair (Item 4.1)

Business

1. Apologies for Absence

Apologies were received from Mr Hamish Wood and Mrs Audrey Sinclair.

2. Declarations of Interest

Item 5.4 – Mr D Fallows
Item 4.1 – Mr I Ross

3. Confirmation of Minutes

There had been circulated for confirmation the minute of the meeting of the Committee held on

(a) 3 November 2011

The minute was held as read and approved.

4. Notices of Review Previously Considered

4.1 New Dwellinghouse at Land North of Birchwood, Belivat for Mr P Gibson 11-00025-Gibson

Mr Ian Ross stated that as he had not been present at the initial Committee meeting on this item he would leave the meeting whilst this item was being heard and that Mrs I McCallum would chair this part of the meeting as she had Chaired the previous meeting.

There had been circulated Notice of Review No RB 11-00025-Gibson for a proposed new dwellinghouse at land north of Birchwood, Belivat for Mr P Gibson.

The Clerk reported that the Notice of Review had been considered by the PRB on the 25 August 2011.

The Clerk also confirmed that all Members of the Planning Review Body had been provided, in advance of the meeting, with copies of the documents received from the applicant lodging the Notice of Review and all interested parties’ responses, including the appointed officer’s handling report which had been circulated separately. 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 advised that Members of the Planning Review Body should consider whether the application accorded with or was contrary to the development plan and, having carried out that assessment, decide if the weight attached to material considerations added to or outweighed their assessment of the application against the development plan. The original Notice had been deferred for a Bat Survey on a vote having been taken. The Bat Survey was now available and the Planning Officer had also responded that the Bat Survey was acceptable and a condition could be added to deal with this. TECS and Planning were looking for £3,500 per development under a Section 75 Agreement towards raising funds to contribute towards improvements in this area. The applicants have agreed that they would be willing to enter into a Section 75 agreement.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. This Notice of Review had been deferred for a Bat Survey.

Mr Richard Durham, seconded by Mrs Isobel McCallum moved that the Notice of Review be dismissed for the reasons given in the appointed officer’s Decision Notice.

Mr David Fallows, seconded by Mrs Maxine Smith moved as an amendment that the Appeal be upheld as it accords with the Supplementary Guidance on Housing in the Countryside as it will respect the character of the existing housing group and wouldn’t have a detrimental effect on the existing trees.

On a vote being taken by roll call, votes were cast as follows:-

For the Motion: (2)

Mr Richard Durham
Mrs Isobel McCallum

For the Amendment: (4)

Mrs I Campbell
Mr D Fallows
Mr K MacLeod
Mrs M Smith

Accordingly the amendment became the finding of the meeting and the Notice of Review was UPHELD.

5. New Notices of Review to be Determined

5.1 Erection of House at Land 420 m North East of Achnnalea, Ardgour by H Yule 11-00028-Yule

There had been circulated Notice of Review No RB 11-00028-Yule for the proposed erection of a house at land 420 m north east of Achnalea, Ardgour by H Yule.

The Clerk advised that the Notice had come before members previously when it was dismissed. Subsequent to the dismissal of the Notice the Council was advised by the applicant’s agent that the Planning Service response had not been provided to the applicant’s agent to allow them to comment upon it. This was an error in the administration of the Planning Review Body and the Assistant Chief Executive and the PRB have apologised to the applicant’s agent and the agent for this oversight. When this matter was investigated the planning service also advised that they had sent photographs in support of their statement. These photographs were never received by the PRB and as such were not before the Board when it considered the Notice originally. Due to the foregoing the decision of the PRB to dismiss the Notice of Review has been quashed The Notice of Review is now before the Board together with the applicant’s agents comments on the Planning Service response and photographs from both the applicant’s agents and the Planning Service. Members should now consider the Notice of Review afresh as they would any other Notice of Review.

The Chairman noted the Planning Review Body’s apologies and asked that members of the Board consider the Notice of Review totally afresh.

The Clerk confirmed that the Notice of Review was competent.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. Members of the PRB discussed the site and suggested that it didn’t fit with the local plan and was not part of a housing group. It was a very prominent site that sat too far up the hill and too far into the forestry and didn’t fit with the pattern of development in the area. Members considered this application was well removed from our policy. The PRB therefore DISMISSED the Notice of Review for the same reasons as contained in the appointed officer’s Decision Notice.

5.2 Erection of House at Land West of Faillie Cottage by Mr Fowler 11-00043-Fowler

There had been circulated Notice of Review No RB 11-00043-Fowler for a proposed new dwellinghouse at land west of Faillie Cottage by Mr Fowler.

The Clerk confirmed that the Notice of Review was competent.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. Members did not consider that when planning permission had been given to a tourism development for four chalets that it gave permission for residential housing. It was unclear where the intended chalets were to be built. This application is a classic example of what is definitely not a housing group in line with our policy, this house is in fact an extension to the end of a housing group and not part of a housing group. The members were unclear as to where the chalets and houses were to be sited. Other Members felt this planning application was clearly not within our policy.

Mr Ian Ross, seconded by Mrs Isobel McCallum moved that the Notice of Review be dismissed.

Mr Richard Durham, seconded by Mrs Maxine Smith moved as an amendment that the consideration of the Notice be deferred to allow the detail of the current planning permissions to come before all parties.

There being no further amendments, the matter was put to the vote with votes being cast as follows:-

For the Motion: (4)

M D Fallows
Mr K MacLeod
Mrs I McCallum
Mr I Ross

For the Amendment: (3)

Mrs I Campbell
Mr R Durham
Mrs M Smith

The motion to DISMISS the Notice of Review for the reasons as contained in the appointed officer’s Decision Notice therefore became the finding of the meeting.

5.3 Erection of House at Land 25 m East of Allt Garbh, Spean Bridge by Rio Tinto Alcan Highland Estates 11-00046-Allt Garbh

There had been circulated Notice of Review No RB 11-00046-Allt Garbh for the proposed erection of a house at land 25 m east of Allt Garbh, Spean Bridge by Rio Tinto Alcan Highland Estates.

The Clerk confirmed that the Notice of Review was competent.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. In discussion the Members noted that as this was an application in principle and that the siting of the house was indicative only and that the house site could be moved although the slope was a determining factor. Members considered that a tree survey would clarify the position with regard to the mature trees on the site. Members agreed with the Planning Officer’s second reason for refusal in that there was insufficient information submitted to allow detailed assessment of the development’s compatibility with adjacent land uses and the impact on individual residential amenity as required by Police 1 of the West Highland and Islands Local Plan and Policy G2 of the Highland Structure Plan.

Mr Richard Durham, seconded by Mrs Isobel McCallum moved that the Notice of Review be dismissed.

Mrs Maxine Smith, seconded by Mr David Fallows moved as an amendment that consideration of the Notice of Review be deferred for a tree survey to identify the impact of the trees on the site and for proposals for their future management and consider the potential for appropriate compensatory planting.

There being no further amendments, the matter was put to the vote with votes being cast as follows:-

For the Motion: (3)

Mr R Durham
Mrs I McCallum
Mr I Ross

For the Amendment: (4)

Mrs I Campbell
Mr D Fallows
Mr K MacLeod
Mr M Smith

Accordingly the amendment became the finding of the meeting and the decision on the Notice of Review was DEFERRED for a tree survey to identify the impact of the trees on the site and for proposals for their future management and consider the potential for appropriate compensatory planting.

5.4 Demolition of Existing Single Storey Kitchen Extension, Two Chimneys and Erection of Two Storey Extension to House at Dalchully House, Strathmashie, Laggan, Newtonmore by Eighton Investments 11-00047-Eighton

Mr David Fallows had declared an interest as this item was in his ward and he left the meeting whilst this item was being considered.

There had been circulated Notice of Review No RB 11-00047-Eighton for the proposed demolition of an existing single storey kitchen extension, two chimneys and erection of two storey extension to house at Dalchully House, Strathmashie, Laggan, Newtonmore by Eighton Investments.

The Clerk confirmed that the Notice of Review was competent.

The Planning Adviser advised that the Planning Permission and Listed Building Consent ran in parallel processes. The Listed Building consent appeal is currently with the Scottish Ministers to determine. The Council has a statutory duty to preserve the character and appearance of a listed building so it is a key consideration in any planning application.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. It was noted that there had been further criticisms of the Officers dealing with this application and this was to be put to one side when dealing with this Notice of Review. During discussion the Clerk clarified that the building had a C listing and that it was for the Council to make a decision and that Historic Scotland were not involved. When making modifications to an old building it was important that time was taken to consider and find the best options for the historic building whilst still accomplishing their requirements. Members felt the current proposal was overly dominant on a primary elevation and will result in the loss of traditional features for the building. The PRB therefore DISMISSED the Notice of Review for the reasons contained in the appointed officer’s Decision Notice with the deletion of the reference to size, as it has been refused to protect the character and appearance.

5.5 Erection of House at Land 450 m West of Lochside Cottage, Kinlochleven by Rio Tinto Alcan Highland Estates 11-00048-Lochside Cottage

There had been circulated Notice of Review No RB 11-00048-Lochside Cottage for the proposed erection of a house at land 450 m west of Lochside Cottage, Kinlochleven by Rio Tinto Alcan Highland Estates.

The Clerk confirmed that the Notice of Review was competent.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. It was considered that this application would have a detrimental affect on the woodland and was against policy 3 of the West Highland and Islands Local Plan 2010, Policy G2 of the Highland Structure Plan 2001 and Interim Supplementary Guidance on Housing in the Countryside 2009. The PRB therefore DISMISSED the Notice of Review for the same reasons as contained in the appointed officer’s Decision Notice.

5.6 Erection of House at Land South East of Tombreck House at Inverarnie, Farr by Mr and Mrs Middlemiss 11-00049-Middlemiss

There had been circulated Notice of Review No RB 11-00049-Middlemiss for a proposed new house at land south east of Tombreck House at Inverarnie, Farr by Mr and Mrs Middlemiss.

The Clerk confirmed that the Notice of Review was competent.

The Clerk advised that Members of the Planning Review Body should consider whether the application accorded with or was contrary to the development plan and, having carried out that assessment, decide if the weight attached to material considerations added to or outweighed their assessment of the application against the development plan. The Clerk pointed out that new information had been received in a tree assessment which had been lodged after the Decision Notice. The Board noted that interested parties should be allowed to comment on the new information. The Board decided to look at the Notice and discuss whether any additional information was also required.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. The PRB looked for clarity on why the whole area including the area covered in trees had been designated as Housing. It appeared that some of the trees had already been felled unofficially, and the PRB would want a view from the Forestry Commission on the felling of trees without a licence and also on whether these were commercial trees that would be felled at some point anyway.

The PRB DEFERRED the Notice of Review for the following information:

Enlarged colour plans for the maps on pages 33 – 36.
Further information on the terms of the Local Plan and how the three houses fit into the 1.3 hectares. Why was an area of trees designated as a housing area.
Tree Assessment – planning officer and forestry officer to comment on tree felling, amenity value of the trees.
Clarification of photograph on page 159 – date and what the photographs represents.

5.7 Two Storey Extension at 27 Birch Place, Culloden, Inverness by Mr MacLeod 11-00050-MacLeod

There had been circulated Notice of Review No RB 11-00050-MacLeod for a proposed two storey extension at 27 Birch Place, Culloden, Inverness by Mr MacLeod.

The Clerk confirmed that the Notice of Review was competent.

Debate and Decision

Having considered the supporting paperwork the Planning Review Body (PRB) discussed the Notice of Review. The PRB considered that the extension was acceptable in design, and in the distance from the boundary, but that with the existing garage it left too small an amenity area. The PRB therefore DISMISSED the Notice of Review for the same reasons as contained in the appointed officer’s Decision Notice and with the informative that if they wanted a more acceptable extension they would need to give a more acceptable proposal for the existing garage site.

There being no further business the meeting closed at 12.30 pm.