Agenda

2.

Continued Items

2.1

Hearings in Chamber  

Mrs Beryl Ferguson’s Executry

(Application Reference No. 02/00779/OUTRC)

South of Glascairn Road, Culbokie

Housing Development (Outline)

Mrs Beryl Ferguson’s Executry

(Application Reference No. 02/00780/OUTRC)

South of Glascairn Road, Culbokie

Associated Special (Community) Uses (Outline)

The Committee NOTED that consideration of the above applications had been deferred to the meeting of the Committee on 21^st August 2007.

3.

Appeals

3.1

Executors of The Late Joan MacRae

(Application Reference No. 06/00086/OUTSL)

Letterfearn, Wester Ross

Erection of House at Plot 4, 339 Wester Achnateird,

The Committee NOTED the decision of the Reporter to dismiss the Appeal.

3.2

Executors of The Late Joan MacRae

(Application Reference No. 06/00087/OUTSL)

Letterfearn, Wester Ross

Erection of 2 Houses at Plot 2, 334 Wester Achnateird,

The Committee NOTED the decision of the Reporter to dismiss the Appeal.

3.3

Ms Helen Hatfield

(Application Reference No. 06/00174/OUTLO)

No. 6 Clovullin, Ardgour

Erection of Two Houses

The Committee NOTED the decision of the Reporter to dismiss the Appeal.

4.

Applications

4.1

Scottish Canoe Association

(Application Reference No. 06/00209/FULLO)

Site in River Leven, Riverside Road, Kinlochleven

Improvements to Canoe Facilities, Including Access to and Formation of Wall

There had been circulated Report No PLR-02-07 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the following conditions:-

1.

Unless otherwise first agreed in writing by the Planning Authority, the development shall be completed in strict accordance with “amended plan 2 of 3 and 3 of 3 received on 29^th March 2007” attached hereto, the details of which accord with the recommendations of JBA Consulting “Hydraulic Model and FRA for Kinlochleven Playwave Project – Final Report” dated March 2007.

Reason:

To ensure the development integrates satisfactorily with its landscape setting and to ensure environmental impacts arising from the development hereby approved are effectively controlled.

2.

Notwithstanding the details shown in “plan 1 of 3 received on 17^th May 2006” attached hereto, no alterations whatsoever to the existing grassed riverbank platform immediately east of the road bridge crossing the River Leven, are hereby authorised, these proposals having been omitted from the application by the applicant’s letter received on 29^th March 2007.

Reason:

For clarification of the development hereby approved.

Following presentation of the Report by the Area Planning and Building Standards Manager, the Area Roads and Community Works Manager recommended that a further condition be included to provide appropriate warning signs at the nearby bridge.

Following debate, Mr Cameron, seconded by Mr Clark, moved that consideration of the application be deferred to a site hearing on 4^th September 2007 at 3.00 pm.

The Chairman, seconded by Mr Cairns moved as an amendment that planning permission be granted in accordance with the recommendation and the additional condition requiring appropiate warning signs at the nearby bridge. 

On a vote being taken by roll call, the outcome was as follows:  

For the Motion:

Mr Billy Barclay

Mr Donald Cameron

Mss Isabelle Campbell

Mr Bill Clark

Mr Hamish Fraser

Mr Eddie Hunter

Mrs Isobel McCallum

Mr Ian Renwick

For the Amendment:

Mr Peter Cairns

Mr David Chisholm

Ms Audrey Sinclair

There being eight votes in favour of the motion and three votes in favour of the amendment, the MOTION became the finding of the meeting.

4.2

Mr K Stewart & Forestry Commission

(Application Reference No. 06/00281/FULRC)

Land at Kinellan Farm, Strathpeffer

Formation of Road to Serve Forestry, Agriculture & One Existing House

There had been circulated Report No PLR-03-07 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the following conditions:-

1.

The access onto the public road shall be constructed to the Guidelines Standards of the Roads Authority incorporating visibility splays of 4.5 metres x 180 metres, which shall be provided, with all vegetation being removed, before any other work commences on site and maintained at all times thereafter.  The access shall be 10 metres wide to allow vehicles to swing onto narrow public road, at least the first 10 metres of the access shall be surfaced and the gradient over the first 10 metres shall not exceed 1:16.  No surface or ground water shall be permitted to discharge onto the public road from the site and the existing roadside culvert shall be extended, and upgraded if necessary, where it will be crossed by the access.  Two junction warning signs shall be erected at locations to be agreed with the Roads Authority either side of the proposed access at the developer’s expense before the access is brought into use.

Reason:

In the interests of road safety.

2.

The road shall be upgraded to the forestry standard suitable for the extraction of timber by lorry and the construction and maintenance of the upgraded road shall comply with the Forest and Water Guideline.

Reason:

To minimise the impact of the development on natural heritage.

3.

The construction and operation of the site shall comply with the relevant SEPA Pollution Prevention Guidelines (PPG 04-06).

Reason:

To reduce the risk of pollution.

4.

The works to upgrade the existing road to the west and north of Loch Kinellan shall be completed outwith the Slavonian grebe breeding season – March to August.

Reason:

To minimise the impact upon protected species.

5.

All signage shall be compliant with the Scottish Outdoor Access Code.

Reason:

To ensure suitable public access.

6.

Access along the existing paths and public right of way shall not be obstructed or deterred during or after construction, including any of the following:

·        The placing of materials on the path,

·        Allowing water, soil or any other substance to flow or spill onto the path,

·        Erecting any fence or locked gate,

·        Prohibitory signs or notice,

·        Plant or overhanging of vegetation on the path,

·        Projections from buildings,

·        To park vehicles or place other structures’

·        Permit dangerous animals to roam.

Reason:

To maintain public access.

7.

The existing roadside stone dyke shall be repaired and maintained adjacent to the new access and shall be returned around the radii at the entrance to the site.  The wall may be reduced to one metre in height, if necessary, to provide the required visibility splays, and be finished in appropriate coping stones to match the existing wall.  All works to be completed before the access is brought into use.

Reason:

In the interests of amenity.

8.

The programme of archaeological works identified in the Written Statement of Intent dated 7.3.07 shall be implemented by the developer at his expense in accordance with the approved timescale for investigation; that is before any other work commences on site.

Reason:

In order to preserve the archaeological and historical interest of the site.

The Planning Team Leader presented the Report and advised that the policy that was relevant to the assessment of this application was Policy 68 and not Policy 6 as stated in the Report.

The Committee agreed the recommendation.

4.3

Mr Iain West (Application Reference No. 06/00536/FULRC)

House Plot Between Fairview & Rosamar, Bogroy, Tore

Erection of House (Detailed)

There had been circulated Report No PLR-04-07 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the following conditions:-

1.

Notwithstanding the plans and details submitted with the application and prior to development commencing, details of the exact type and colour of materials to be used in the development together with full details of all proposed boundary treatments shall be submitted to and approved in writing by the Planning Authority.  Thereafter, the development shall be constructed in accordance with such approved details prior to the first occupation of the house hereby approved.

Reason:

For the avoidance of doubt and in the interests of residential amenity.

2.

Notwithstanding the approved plans and details submitted with the application and prior to works starting on site, plans showing the exact position, orientation and location of the treatment plant and mounded soakaway system shall be submitted to and approved in writing by the Planning Authority in consultation with the Local Building Standards Officer.  Such details shall include the proposed location and layout of a replacement mounded soakaway in the event that the original system requires to be replaced in the future.  Thereafter, the drainage system shall be installed as approved prior to first occupation of the house hereby approved.  The private drainage system is approved on the basis that at such time as a public sewerage system becomes available the developer (or subsequent house owner) shall connect to such system at his/her own expense within a timescale which is deemed appropriate by the Planning Authority in consultation with the Water and Sewerage Authority.

Reason:

In order to ensure the location of the treatment plant and soakaway meets the requirements of the current Building regulations and in line with Council policy.

3.

Prior to first occupation of the house hereby approved, the vehicle access into the site shall be formed in accordance with the Council’s Standard guidelines and provision shall be made within the house curtilage for the parking and turning of two cars.  For the avoidance of doubt the access and first 5metres of the driveway shall be surfaced fully in a recognised bituminous material from the existing carriageway edge and shall include measures to ensure that no surface or ground water enters or leaves the site from the public road.

Reason:

In the interests of road safety.

4.

Hours of construction shall be restricted to 8:00 am – 6:00 pm Mondays to Fridays; 8:00 am – 1:00 pm Saturdays and not at all on Sundays.  All construction materials and vehicles shall be contained within the site and no storage of materials or parking associated with the development shall take place on the adjacent public road.

Reason:

In the interests of amenity and road safety.

The Committee agreed the recommendation subject to the application being referred to the Scottish Executive in view of the outstanding objection from the Scottish Environment Protection Agency.

4.4

William Gray Construction (Application Reference No. 06/01011/FULRC)

Rear of 16-17 High Street, Dingwall

Erection of Five Flats

The Committee noted that this Item had been withdrawn from the agenda.
(PLR-05-07)

4.5

Mr G Knox

(Application Reference No. 07/00008/FULLO)

Land at Blar A Chaorainn, Lundavra Road, Fort William

Erection of Tea Room, Three Holiday Units, Bunkhouse, Staff House, Toilets & Parking)

There had been circulated Report No PLR-06-07 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the following conditions:-

1.

The proposed and existing accesses shall be formed in accordance with the attached Roads Schedules dated 11^th June 2007 and shall have visibility splays of 75 metres in each direction formed from a point 4.5 metres back from the edge of the public road, measured along the centreline of the accesses.  Prior to the commencement of work on the foundations of the building hereby approved these visibility splays shall be cleared of all obstructions to driver visibility within one metre in height above the level of the adjoining carriageway and thereafter shall be maintained clear of all obstructions over one metre in height in perpetuity.

Reason:

In the road safety.

2.

Prior to the commencement of development, a Hydrologist’s (or other suitably qualified person) report containing full details of the private water supply including the source, flow rate, sufficiency for proposed use, an assessment of any existing users, and the distribution system including the method of storage, shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health Officers.  Prior to the first use of the building hereby approved the system shall be fully installed and thereafter maintained in perpetuity in strict accordance with such details as are approved.

Reason:

To ensure that the supply is suitable for the proposed development.

3.

Prior to the commencement of works on site full details of the surfacing of the car park shall be submitted to and approved in writing by the Planning Authority. Thereafter, prior to the first operation of the building hereby approved, the car park shall be fully formed in accordance with the approved plans and thereafter maintained in perpetuity unless otherwise first agreed in writing by the Planning Authority.

Reason:

In the interests of road safety.

4.

Prior to the first operation of the building hereby approved the signage shown on the approved site plan shall be sited and retained in perpetuity unless otherwise first agreed in writing by the Planning Authority.

Reason:

In the interests of public safety.

5.

The development hereby approved shall be strictly undertaken in accordance with the approved plans entitled ‘Proposed site sections & drainage plan’, drawing no. FW.06.016 105B, ‘Proposed site plan’ drawing no. FW.06.016 104B, ‘Proposed plan & elevation’ drawing no. FW.06.016 100A, and ‘Proposed Sections’ drawing no. FW.06.016 102B, unless otherwise first agreed in writing by the Planning Authority.

Reason:

To ensure the development integrates satisfactorily with its landscape setting and to ensure environmental impacts arising from the development hereby approved are effectively controlled.

6.

The staff house shown on the approved plan shall be occupied solely by the owner, manager or employee of the tearoom/bunkhouse/holiday letting facility hereby approved, or a dependant/spouse/partner of that person residing with him or her, or a widow/widower of that person.

Reason:

In accordance with the use as staff accommodation as by reason of its siting, lack of curtilage and close proximity to the commercial premises, the property would be unsuitable for permanent separate residential accommodation.

7.

The three self-catering units hereby approved shall be used solely as holiday accommodation, operated by the owners of the associated bunkhouse and tearoom hereby approved, and shall not be occupied by any one family, individual or group for more than three months in any one calendar year.

The operator of the self-catering units shall maintain a register of guests, including the name, address, date of arrival and date of departure of those persons staying at the holiday letting units. This guest register shall be submitted to the Planning Authority on or within the two weeks before the 31^st January of each calendar year, for inspection.

Reason:

In accordance with the use as holiday letting unit as by reason of their siting, lack of curtilage and close proximity to the commercial premises, the properties would be unsuitable for permanent residential accommodation.

8.

Notwithstanding the provisions of the Town and Country Planning (Use Classes)(Scotland) Order 1997, or any order revoking and re-enacting that Order, the approval hereby granted relates only to the use of the premises as a Class 7 bunkhouse for self catering holiday accommodation only for no other purpose, including any other purpose within Class 7, without the prior written consent of the Planning Authority.

Reason:

To allow the Planning Authority to retain effective control over the use of the premises and the site.

9.

Prior to the commencement of works on the foundations of the building hereby approved full details of a landscaping and planting scheme for the site shall be submitted to and approved in writing by the Planning Authority. The plan shall detail new planting and those trees to be retained. All details as are approved, shall be fully implemented no later than the first planting season following the first occupation of the building hereby approved and thereafter shall be maintained for a period of 5 years.  Any loss of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage shall be replaced with the equivalent species within one growing season.

Reason:

To ensure the building integrates satisfactorily with its landscape setting.

Footnote to Applicant Relative to Application 07/00008/Fullo

The Council’s Environmental Health Officer has provided the following comments:

·        The usable space in the proposed tearoom kitchen is limited and may restrict the use of the kitchen. Full details of the proposed use of the kitchen and of the proposed structure, equipment and finishes must be provided to this service.

·        No sanitary facilities are proposed for the exclusive use of the catering staff. This is not ideal and it is recommended that such facilities be provided.

·        Details of the proposed ladder access to sleeping platforms and of the guarding for open edges of the sleeping platforms must be provided to this service.

·        Refer to BS 6465-1:2006 for the minimum recommendations for sanitary facilities. The sanitary facilities provided for the low budget bunk house are not adequate. One bathroom containing WC, wash hand basin and shower is located in the bunkhouse serving a maximum of 25 persons; additional facilities are some distance away and require to be shared with other members of the public.

·        No cleaners’ facilities appear to be available.

When preparing the information in respect of Condition 2 of this permission, the applicant is advised to complete the attached private water supplies questionnaire and return it to the Council’s Environmental Health Officer.

The local Disability Access Panel has provide the following comments:

1.

One unit should be fully disabled.

2.

Four disabled parking bay should be provided at entrance.

3.

Layout of toilets should be reconsidered – disabled toilet should be accessible from inside the building.

4.

Compounded hard surface on car park and paths.

5.

Reconsider bunkhouse for disabled users.

Please note: Your attention is drawn to the conditions attached to this permission. Any pre-conditions (those requiring certain works, submissions etc. prior to commencement of development) must be fulfilled prior to work starting on site. Failure to meet these conditions may invalidate your permission or result in formal enforcement action.

Following debate, Mr Cameron, seconded by Mr Clark, moved that planning permission be refused contrary to the recommendation.

Reason: the proposal was contrary to the aim of the local plan and that the development would (a) have an adverse visual impact on the area, (b) represent inappropriate siting, and (c) be out of keeping with the established character of the area.

The Chairman, seconded by Mr Cairns moved as an amendment that planning permission be granted in accordance with the recommendation. 

On a vote being taken by roll call, the outcome was as follows:  

For the Motion

Mr Billy Barclay

Mr Donald Cameron

Mrs Isabelle Campbell

Mr Bill Clark

Mr Hamish Fraser

Mr Eddie Hunter

Mrs Isobel McCallum

Mrs Audrey Sinclair

For the Amendment:

Mr Peter Cairns

Mr David Chisholm

Mr Ian Renwick

There being eight votes in favour of the motion and three votes in favour of the amendment, the MOTION became the finding of the meeting.

Mr D Chisholm declared a non-financial interest in item 4.6 following as he was a member of Waterwatch Scotland, one of Scottish Water’s regulators.  Mr Chisholm left the meeting while the item was determined and Mr B Clark took the chair for this item. 

4.6

Scottish Water (Application Reference No. 07/00064/FULLO)

Land 150m North West of Fern Cottage, Torlundy, Fort William

Construction & Installation of New Wastewater Treatment Works

There had been circulated Report No PLR-07-07 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the following conditions:-

1.

The development shall be strictly undertaken in accordance with the approved plans, ‘Proposed Layout’ drawing no. 10466-004, ‘Proposed Elevations’ drawing no. 10466-005, and ‘Proposed Sections’ drawing no. 10466-006, unless otherwise first agreed in writing by the Planning Authority.

Reason:

To ensure the development integrates satisfactorily with its landscape setting and to ensure environmental impacts arising from the development hereby approved are effectively controlled.

2.

All above ground structures, plant and machinery shall be finished in a matt, dark green colour unless otherwise first agreed in writing by the Planning Authority.

Reason:

In the interests of visual amenity in order to help integrate the proposal into its landscape setting.

3.

Prior to the commencement of works on site full details of a landscaping and planting scheme for the site shall be submitted to and approved in writing by the Planning Authority. The plan shall detail new planting and those trees to be retained. All details as are approved, shall be fully implemented no later than the first planting season following the first operation of the facility hereby approved and thereafter shall be maintained for a period of 5 years.  Any loss of plant species to be included in the landscaping scheme, through disease, weather exposure, neglect or damage shall be replaced with the equivalent species within one growing season.

Reason:

To ensure the facility integrates satisfactorily with its landscape setting.

4.

No later than two months from the date the new waste water treatment works becomes operational, the existing treatment works shall be removed and the ground re-instated to the satisfaction of the Planning Authority.

Reason:

In the interests of amenity in order to ensure removal of redundant plant and machinery.

The Committee agreed the recommendation.

4.7

Mr Martin Howard (Application Reference No. 07/00087/FULRC)

Old Mill House, Ullapool

Erection of Extension

There had been circulated Report No PLR-08-07 by the Area Planning and Building Standards Manager recommending refusal planning permission for the following reasons:-

1.

The proposed extension is contrary to Policy G2 of the approved Structure Plan which requires developments to demonstrate high quality design in keeping with local character and is contrary to the Development Plan Policy Guidelines for house extensions which require such structures to be designed as an integral part of the property and reflect the existing character.  It is considered that the proposed design is discordant from the character of the existing property, particularly in relation to its roofline, it may be visually prominent in the landscape, particularly during the winter months, and accordingly will detract from the amenity of the site.

2.

Approval of this development would set an undesirable precedent leading to further pressure in the future to approve other extensions which fail to relate well to the existing character of the property to the overall detriment of the amenity of the area.

Following debate, Mrs Campbell moved that the application be deferred for further consideration by the Applicant of the roof design.  The motion failed to find a seconder and accordingly fell.

&