Minutes of Meeting of the Ross, Skye and Lochaber Planning Applications and Review Committee held in the Chamber, Tigh Na Sgire, Park Lane, Portree, Isle of Skye, on Tuesday 7 August 2007 at 10.30 am.
Committee Members Present -
Mr Billy Barclay
Mr Eddie Hunter
Mr Peter Cairns
Mr Hamish Fraser
Mr Donald Cameron
Mrs Isobel McCallum
Mrs Isabelle Campbell
Mr Ian Renwick
Mr David Chisholm
Mrs Audrey Sinclair
Non-Members also present:
Mrs Margaret Paterson (Item 5.1)
Mr D Millar (Items 5.3 and 5.9)
Officials in attendance:
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Bob Cameron, Corporate Manager
Mr Alaisdair H Mackenzie, Area Solicitor
Mr Jim Tolmie, Area Roads and Community Works Manager
Mr Gordon MacDonald, Principal Technician
Mr Simon Fraser, Planning and Building Standards Manager
Mr Mike Hoar, Senior Planner
Also in attendance:
Mr and Mrs R Cameron (Item 4.1)
Mr J Davenport (Item 4.1)
Mr A Collis (Item 4.1)
Mr J Sanders (Item 4.2)
Mr C Peteranna (Item 4.2)
Mr Hanson (Item 4.2)
Mr D MacLeod (Item 4.3)
Mr G Simpson (Item 4.4)
Mr M Leiper (Item 4.4)
Mr David Chisholm in the Chair
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr Bill Clark and Mr Michael Foxley.
2. Confirmation of Minutes
There had been circulated for confirmation the Minutes of the Meeting of the Committee held on Tuesday, 26 June 2007.
The Minutes were held as read and APPROVED.
3. Appeals
3.1 Mr Andrew Duncan(Application Reference No: 04/00316/FULRC)
Fearnan Nan Gras, Kilmuir, North Kessock, Ross-shire, IV1 1XG
Erection of Decking and Associated Structure (Amendment to Condition 11 of Planning Consent RC/1997/819)
The Committee AGREED to note that an appeal against an enforcement notice had been upheld by the Reporter and Planning Permission granted for the development.
3.2 Mr A MacPherson (Application Reference No:06/00081/FULLO)
Taloma, Lochyside, Fort William, Inverness-Shire
Erection of Garage and Letting Unit
The Committee AGREED to note that an appeal against an enforcement notice had been upheld by the Reporter and Planning Permission granted subject to conditions and the prior conclusion of a Section 75 Agreement covering the land which the Applicant proposed for conclusion.
3.3 Samantha Saunders (Application Reference No: 06/00203/OUTSL)
7 Fasach, Glendale, Isle of Skye
Erection of house (Outline)
The Committee AGREED to note that an appeal following refusal had been dismissed by the Reporter.
3.4 Burton Property Trust (Application Reference No:06/00247/OUTRC)
Housing Site North Of Newlyn, Redcastle Station, Kilcoy
Formation of Five House Plots, Access Road & Services (Outline)
he Committee AGREED to note that an appeal against refusal had been allowed by the Reporter and Planning Permission granted.
3.5 Foster Yeoman (Application Reference No: 06/00341/FULLO)
Kingairloch House, Kingairloch, Ardgour, Fort William, Highland, PH337AE
Proposed swimming pool within walled garden
The Committee AGREED to note that an appeal against refusal had been lodged.
3.6 Mr & Mrs W Moir (Application Reference No:06/00572/OUTRC)
Steading, Wester Toberchurn, Culbokie, Dingwall, Highland, IV7 8LS
Conversion of Steading to Form House (Outline)
The Committee AGREED to note that an appeal against refusal had been lodged.
3.7 Neil D Ross (Application Reference No: 07/00064/OUTSL)
Land To North West Of, Glenrowan, Erbusaig, Kyle, Highland
Erection of house (outline)
The Committee AGREED to note that an appeal against refusal had been lodged.
3.8 Ian Ruari Finlayson (Application Reference No: 07/00142/OUTSL)
Land To South East Of, 2 Erbusaig, Kyle Of Lochalsh, Highland
Erection of house (outline)
The Committee AGREED to note that an appeal against refusal had been lodged.
4. Hearings
4.1 Mr & Mrs R Cameron (Application Reference No: 06/00716/FULRC)
House Plot to North of Meall Mo Cridhe, Camusterrach, Applecross
Erection of House & Garage (Detail)
There had been circulated Report No. PLR-14-07 by the Area Planning & Building Standards Manager recommending refusal of the application for the following reasons:-
1. Proposed development does not comply with Highland Council Policy G2 in respect of the impact on residential amenity as well as significant detrimental impact on scenery, and the site does not demonstrate sensitive siting and high quality design in keeping with local character. The house design will sit uncomfortably on this site and will be detrimental to the amenity of the area.
2. The development proposed does not comply with Wester Ross Adopted Local Plan which indicates that the site lies within an area of great landscape value and is located between the road and the sea and will provide for extending a ribbon of development which would be contrary to sound planning principles.
3. The proposed development, if approved, would set a precedent in terms of having an undesirable impact on established Council Policies which would allow a similar sites in the sensitive area to be developed, thus eroding the Policy objectives of the Local Plan.
Mr D Jones introduced the application, giving a brief description of the proposed development and its site, identifying the Planning policies against which the application was to be assessed and drawing attention to other key material considerations.
The Applicant, Mr Cameron, presented the case for approval.
The Objector, Mr Collis, addressed the Committee with regard to his objection.
The Applicant, Mr Cameron, responded to the issues raised.
Following a question from the Chairman, the Committee indicated that all their requirements for information had been met.
Following a question from the Chairman, all parties to the Hearing indicated that they were satisfied with the way in which it had been conducted.
Following debate, the Chairman, seconded by Mr Peter Cairns moved the recommendation that the application be refused for the reasons stated.
Mrs Isabelle Campbell, seconded by Mrs Audrey Sinclair moved as an amendment that Planning Permission be granted subject to conditions to be agreed by the Area Planning and Building Standards Manager for the following reasons:-
1. Following the topographical survey it was not considered that the proposed dwellinghouse would impact on the privacy and amenity of the adjoining house;
2. The proposed house was of traditional form and would blend into the hillside;
3. Applecross was classed as a fragile community and the Applicants were a local family born and bred in the area and contributing to the economy of this fragile community;
4. There would be no undesirable impact on the settlement characteristics.
On a vote being taken by roll call, the outcome was as follows:-
For the Motion
Mr David Chisholm, Mr Peter Cairns, Mr Ian Renwick
For the Amendment
Mr Billy Barclay, Mr Donald Cameron, Mrs Isabelle Campbell, Mr Hamish Fraser,Mr Edward Hunter, Mrs Isobel McCallum, Mrs Audrey Sinclair
There being seven votes in favour of the amendment and three votes in favour of the motion, the AMENDMENT became the finding of the meeting.
4.2 Co-Ruin Mhaoil Rubha (Application Reference No: 06/00142/FULSL)
Land at Pier Road, Armadale, Ardvasar
Erection of 12 houses, 2 flats and 2 shop/workshop units (Amended Plans)
There had been circulated Report No. PLR-15-07 by the Area Planning & Building Standards Manager recommending that, subject to:-
1. The Applicants or landowner first entering into a Section 75 or other legally binding agreement in respect of maintenance in perpetuity of woodland within the site and between the site and Armadale Old Pier;
2. The Applicants first concluding a satisfactory flood risk assessment;
3. No objection by Scottish Water.
Planning Permission be granted subject to the following conditions:-
1. Prior to the commencement of development, details of surfacing materials to be used in all hard surfaced areas of the site, details of the electricity sub-station, details the sewage pumping station which shall be wholly underground, and details of all means of enclosure, shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the visual amenity of the locality.
2. Prior to the commencement of development, a fully detailed scheme of landscaping for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. All planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants which, within a period of five 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.
Reason: In the interests of the visual amenity of the locality.
3. Unless otherwise agreed in writing by the Planning Authority, the development shall be implemented in a single phase.
Reason: In the interests of securing a mixed development in accordance with the Skye & Lochalsh Local Plan.
4. Prior to the commencement of any development on site the developer will enter into a design and build contract with an Affordable Housing Provider for 7 affordable units at Communities Scotland benchmark costs to be exhibited to the Planning Authority and to be built to Communities Scotland Housing for Variable Needs standards. Affordable housing is defined as rented and low cost home ownership provided by Registered Social Landlords using Communities Scotland and Local Authority Housing Association Grant and any equivalent funding mechanisms or low cost housing developed using Communities Scotland and Local Authority Grant funding mechanisms, for subsidised sale in accordance with defined criteria to specific applicants.
Reason: In the interests of securing affordable housing.
5. Prior to the commencement of the development, detailed proposals shall be submitted and approved in respect of surface water drainage of the site, and the development shall be implemented in accordance with these details.
Reason: For the avoidance of flooding.
6. 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: To conserve features of archaeological interest.
7. Details of measures to interpret the nearby burial cairn shall be provided prior to initial occupation of the development, in accordance with details to be submitted to and approved in writing by the Planning Authority prior to the commencement of development.
Reason: In the interests of encouraging understanding of archaeology in accordance with the Skye & Lochalsh Local Plan.
8. Amended access and parking details, to include provision for the disabled, shall be submitted to and approved in writing by the Planning Authority prior to the commencement of the development.
Reason: In the interests of road safety and providing for the disabled.
9. A detailed schedule of all external building materials and finishes shall be submitted to and approved in writing by the Planning Authority prior to the commencement of development. The buildings shall not be roofed in concrete tiles but shall be roofed in natural or artificial slate of a type to be approved in writing by the Planning Authority prior to the commencement of development.
Reason: In the interests of the visual amenity of the locality.
10. Street lighting will accord with details to be submitted to and approved in writing by the Planning Authority prior to the commencement of development.
Reason: In the interests of the visual amenity of the locality.
Note:
1. Road construction consent required.
2. Please note that this approval is only for planning permission and does not grant consent from Scottish Water to connect to the public water supply.
3. The developer should obtain consent from Transport, Environmental and Community Services (Roads) for a Permit in accordance with Section 109 of the New Roads and Street Works Act 1991.
4. Building Standards Officer advises possible problem with plots 5 and 9 in terms of proximity to boundary.
Mr S Fraser introduced the application, giving a brief description of the proposed development and its site, identifying the Planning policies against which the application was to be assessed and drawing attention to other key material considerations.
The Agents for the Applicants, Mr J Sanders and Mr C Peteranna, presented the case for approval.
The Objector, Mr Hanson, father of the Objector, Dr J Hanson, addressed the Committee with regard to his objection.
Mr J Sanders and Mr C Peteranna, responded to the issues raised.
Following a question from the Chairman, the Committee indicated that all their requirements for information had been met.
Following a question from the Chairman, all parties to the Hearing indicated that they were satisfied with the way in which it had been conducted.
The Committee AGREED the recommendation subject to the following:-
1. The proposed Section 75 or other agreement would be at the Applicant’s expense;
2. The submission of a satisfactory flood assessment;
3. No objection from Scottish Water;
4. The number of affordable units being increased to 11;
5. The submission of a revised layout to include the provision of a play area which would include a maintenance requirement and appropriate parking and service parking as agreed with TECS.
4.3 Douglas MacLeod (Application Reference No: 07/00077/OUTSL)
Land to South East of Allt Mor, Carbostbeg, Carbost, Isle Of Skye
Erection of house (outline)
There had been circulated Report No. PLR-16-07 by the Area Planning & Building Standards Manager recommending the grant of Outline Planning Permission subject to the following conditions:-
1. A further application shall be made to the Planning Authority within three years of the date of the permission for the approval of reserved matters and no works shall be commenced on any part of the site until the permission of the Planning Authority has been granted in writing for such proposals. Reserved matters shall include the siting; design and external appearance of all buildings, the means of access thereto, proposals for landscaping, foul and surface water drainage arrangements and the design and appearance of all boundary enclosures.
Reason: The application is in outline only and no such details were submitted.
2. Any details pursuant to condition 1a above shall show a house which is of relatively traditional form and finish to incorporate the following, unless otherwise agreed in writing with the Planning Authority :
i. The buildings shall be rectangular in shape and gabled.
ii. The span of the gable shall not exceed 7.8m.
iii. The houses shall be 1 or 1½ storey.
iv. The roof shall be symmetrically pitched to at least 35◦ and finished in natural slate or a good quality slate substitute.
v. The house shall be centred midpoint between the two existing houses either side of the site facing toward the road.
vi. There shall be a minimum 40 metre separation between the adjoining houses.
Reason: In the interests of the amenity of neighbouring properties.
3. Prior to commencement of building operations and on completion of preliminary earthworks the position of the house and its finished floor level shall be pegged out on site and approved in writing by the Planning Authority.
Reason: In the interests of visual amenity.
4. Any details pursuant to condition 1 above shall include a minimum of two cross sections which shall run through the site from east to west and show the existing land contours, proposed level of the house, the associated garden area, car parking/turning area and the public road relative to a fixed datum point and to the two existing properties to the north west (Allt Mor) and south east.
Reason: In the interests of the amenity of neighbouring properties.
5. Prior to the commencement of development, a fully detailed landscaping scheme for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. All planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants which, within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced in the immediately following plating season with others of a similar size and species.
Reason: In the interests of visual amenity.
6. Prior to the commencement of any other aspects of the approved development, the access from the public road to the site shall be constructed to base course level in accordance with the attached Standard Access Specification. The access shall be fully completed in accordance with that Specification prior to initial occupation of the development.
Reason: In the interests of road safety.
7. Prior to the commencement of development, a photographic record shall be made of the remains of old buildings and other features affected by the proposed development, in accordance with the attached specification, and shall thereafter be submitted to the Planning Authority. No site clearance work shall take place until confirmation in writing has been received from the Planning Authority that the record has been lodged and is satisfactory.
Reason: To protect the historical and archaeological interest of the site.
Mr M Hoar introduced the application, giving a brief description of the proposed development and its site, identifying the Planning policies against which the application was to be assessed and drawing attention to other key material considerations.
The Applicant, Mr D MacLeod, chose not to address the Committee.
In the absence of the Objector, Mrs S Kernachan, who was unable to attend due to a family illness, her letter of objection was circulated to and read by the Committee.
Following a question from the Chairman, the Committee indicated that all their requirements for information had been met.
Following a question from the Chairman, all parties to the Hearing indicated that they were satisfied with the way in which it had been conducted.
The Committee AGREED the recommendation subject to the inclusion of an additional condition requiring the maintenance of access to the common grazings.
4.4 Mr George Simpson (Application Reference No. 07/00098/OUTSL)
Part of Achadh A' Chuirn, 1 Waterloo, Breakish
Erection of house (outline) & installation of fuel storage tank
There had been circulated Report No. PLR-17-07 by the Area Planning & Building Standards Manager recommending refusal of the application for the following reason:-
1. The proposal is contrary to the Skye & Lochalsh Local Plan policy 6.3.25 which states that in this area there is a presumption against further development because of the poor road access. To allow additional new development to access this road would intensify its use and this would give rise to conditions detrimental to the safety and free flow of traffic.
Mr M Hoar introduced the application, giving a brief description of the proposed development and its site, identifying the Planning policies against which the application was to be assessed and drawing attention to other key material considerations.
The Applicant, Mr G Simpson, and Mr M Leiper, Agent, presented the case for approval.
There were no Objectors present.
Following a question from the Chairman, the Committee indicated that all their requirements for information had been met.
Following a question from the Chairman, all parties to the Hearing indicated that they were satisfied with the way in which it had been conducted.
Following debate, the Chairman seconded by Mr Peter Cairns moved that the recommendation to refuse be approved.
Mr D Cameron, seconded by Mrs Isabelle Campbell moved as an amendment that Planning Permission be granted subject to conditions including improvements to the turning head to be agreed by the Area Planning and Building Standards Manager for the following reasons:-
1. The site had previously enjoyed Outline Planning Permission which had not lapsed when the appeal decisions referred to in the Report had been determined.
2. Access to this working croft would continue to be taken by the Applicant over the road whether or not Planning Permission was granted.
3. Some improvement to the access road would be achieved by the imposition of a condition requiring improvements to the turning head.
On a vote being taken by roll call, the outcome was as follows:-
For the Motion
Mr David Chisholm, Mr Peter Cairns
For the Amendment
Mr Billy Barclay, Mr Donald Cameron, Mrs Isabelle Campbell, Mr Hamish Fraser, Mr Edward Hunter, Mrs Isobel McCallum, Mrs Audrey Sinclair, Mr Ian Renwick
There being eight votes in favour of the amendment and two votes in favour of the motion, the AMENDMENT became the finding of the meeting.
5. Applications
Mrs Margaret Paterson had asked for and been granted a local member vote in respect of Item 5.1 following.
5.1 Mr A J Morrison (Application Reference No: 06/00343/FULRC)
Development Site Adjacent to Former Scout Camp, Lochussie, Ross-shire
Formation of Clay Pigeon Shooting Range (Amended Application)
There had been circulated Report No. PLR 18-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the commencement of development a method statement shall be submitted to the Planning Authority for consideration outlining the proposed method of shoot, the guns to be used and any other equipment, the location of the clays, and direction that the shoot will take place. The shoot shall only be carried out in accordance with the details approved in writing by the Planning Authority. No deviations shall take place from the approved statement unless prior written approval has been given by the Planning Authority.
Reason: To enable the Planning Authority to retain effective control over the development and assessment of the proposal in the interests of residential amenity.
2. The materials used in the building hereby approved shall be those as expressed in the approved drawings, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity.
3. Prior to the commencement of development details of the insulating materials and there properties to be used on the building shall be submitted to the Planning Authority for approval in writing. The development shall then only be carried out in accordance with the approved details, and maintained as such at all times.
Reason: In the interests of residential amenity.
4. Prior to the commencement of building operations the position of the building shall be pegged out on side for approval by the Planning Authority in accordance with detailed drawings which shall be submitted to and require the written approval in writing of the Planning Authority.
Reason: In the interests of visual amenity and for the avoidance of doubt.
5. Prior to the commencement of development the access over the first 5 metres, measured from the road, shall be resurfaced in bituminous material.
Reason: The existing access is in need of repair, in the interests of road safety.
6. The Mean Shooting Noise Level for any five consecutive shoots taking place at the development, as determined using the method described in CIEH “Clay Target Shooting – Guidance on the Control of Noise”, shall not exceed 50dB(A).
Reason: In the interests of residential amenity and to ensure effective control over the development.
7. The hours of the use hereby approved are limited to Monday to Friday 10:30 am till 16:30, 10:30 am to 16:30 on Saturdays with no activity being taken place on Sunday at any time, and any variation shall require the prior approval of the Planning Authority.
Reason: In order to reduce the risk of noise nuisance to residents in the interests of residential amenity.
8. Prior to the commencement of development details of proposed warning signs and their locations shall be submitted to the Planning Authority for approval in writing. Throughout the duration of any shoot taking place the signage shall be displayed in accordance with the approved details.
Reason: In the interests of safety to the public.
Following debate, the Committee AGREED to defer consideration of this application and to hold a Site Inspection on 21 August 2007. It was also agreed that clarification be sought with regard to the proposed felling of adjoining trees.
5.2 Mr Walton & Mr & Mrs Sandy(Application Reference No: 06/00349/FULLO)
Plots 1 and 2, Clan Cottage, Acharacle
Erection of 2 No. Dwelling Houses (Semi-Detached)
There had been circulated Report No. PLR-19-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. No works shall commence on site until full details of the proposed foul drainage arrangements have been submitted to and approved in writing by the Planning Authority in consultation with Scottish Water and the Scottish Environment Protection Agency. Thereafter the foul drainage arrangement shall be fully installed in accordance with the approved details prior to the first occupation of either house hereby approved.
Reason: In the interests of public health in order to ensure adequate foul drainage arrangements to serve the development.
2. No works shall commence on site until full details of the construction methods and route of the access track shall be submitted to an approved in writing by the Planning Authority. Such details shall show the existing garage removed and the access relocated as far as practical from the north western boundary of the site, together with construction methods which will protect the tree root system from disturbance and damage. Thereafter the access shall be formed in accordance with the approved details prior to the first occupation of either house hereby approved.
Reason: In the interests of amenity in order to protect the existing mature trees from damage from construction of the access.
3. The flood mitigation measures detailed in the Flood Risk Assessment, dated March 2007, prepared by Adrian Layock Ltd, shall be fully implemented prior to the first occupation of either house hereby approved.
Reason: In the interests of safety to further protect the site from flooding.
4. Prior to the commencement of works on the construction of the houses hereby approved, the access onto the Moss public road shall be improved, and thereafter maintained in perpetuity, to provide for visibility splays of 30 metres in each direction, measured along the nearside edge of the public road, formed from a point 2.5 metres back from the edge of the public road, measured along the centreline of the access, unless otherwise first agreed in writing by the Planning Authority.
Reason: In the interests of road safety.
5. From the date of this permission no trees in or on the boundary of the site shall be lopped, topped, felled or wilfully damaged, unless the prior written permission of the Planning Authority is obtained.
Reason: In the interests of visual amenity.
6. Notwithstanding the provisions of Article 3 and Classes 1 and 3 of Schedule 1 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 as amended, no development shall take place within the curtilage of the dwellinghouses hereby approved without the prior written consent of the Planning Authority.
Reason : In the interests of visual amenity to protect the visual qualities of the area from unsympathetic siting and design of developments normally carried out without planning permission.
The Committee AGREED the recommendation subject to the inclusion of an additional condition to provide for a path to the rear of the houses.
Mr Drew Millar had asked for and been granted a local member vote in respect of item 5.3 following.
5.3 Highlands & Island Properties Ltd (Application Reference No: 06/00517/FULSL)
Portree Industrial Estate, Dunvegan Road, Portree
Erection of workshop
There had been circulated Report No. PLR-20-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the commencement of development, full and amended SUDS details shall be submitted to and approved in writing by the Planning Authority and these shall be completed prior to the commencement of use of the land.
Reason: For the avoidance of flooding
2. Prior to the occupation of any part of the development the access to the site shall be formed in accordance with the attached schedule.
Reason: In the interests of road safety.
3. Prior to the commencement of development, a fully detailed scheme of landscaping for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. All planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance. Any plants which, within a period of five 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.
Reason: In the interests of visual amenity.
4. Prior to the commencement of development details of external materials shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of visual amenity
Note: Please note that this approval is only for planning permission and does not grant consent from Scottish Water to connect to the public water supply.
The Committee AGREED recommendation.
5.4 Mrs A Holloway (Application Reference No: 06/01144/FULRC)
Garden Ground To South East of Tanglewood, Ullapool
Erection of House (Detail)
There had been circulated Report No. PLR-21-07 by the Area Planning & Building Standards Manager recommending refusal of the application for the following reasons:
1. The application is considered contrary to Policy 1 of the adopted Wester Ross Local Plan and Policy G2 of the approved Structure Plan due to the potential impact of the development on natural heritage features, including trees; incompatibility with service provision in relation to visibility splays onto the trunk road; impact upon landscape and scenery and failure to demonstrate sensitive siting and high quality design in keeping with local character and the historic and natural environment.
2. The proposal is contrary to the interests of road traffic safety as the applicant has failed to demonstrate that they can provide and maintain visibility splays of 2.4 x 120 metres as required by the Trunk Roads Authority. The land required to form the visibility splays is outwith the ownership of the applicant and is obscured by existing vegetation.
3. The application fails to include details of the proposed drainage arrangements on the site plan to clearly illustrate the potential visual and spatial impacts of these facilities and therefore the application cannot be fully assessed.
Following debate, the Chairman seconded by Mr Peter Cairns moved that the recommendation to refuse be approved.
Mr Hamish Fraser seconded by Mrs Isabelle Campbell moved as an amendment that consideration of the application be deferred for:-
1. clarification of ownership of the access and sight lines;
2. negotiations with the Trunks Road Authority;
3. further information with regard to the external finishes of the house.
On a vote being taken by roll call, the outcome was as follows:-
For the Motion
Mr David Chisholm, Mr Peter Cairns
For the Amendment
Mr Billy Barclay, Mr Donald Cameron, Mrs Isabelle Campbell, Mr Hamish Fraser, Mr Edward Hunter, Mrs Isobel McCallum, Mrs Audrey Sinclair, Mr Ian Renwick
There being eight votes in favour of the amendment and two votes in favour of the motion, the AMENDMENT became the finding of the meeting.
5.5 Mr & Mrs I Paterson (Application Reference No: 07/00090/FULLO)
Land to North East of Schoolhouse, Achnacarry, Spean Bridge
Erection of House
There had been circulated Report No. PLR-22-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the commencement of works on site a revised site plan shall be submitted to an approved in writing by the Planning Authority. The revised site plan shall how the house repositioned to ensure the distance between the north-eastern gable of School House, Bunarkaig and south-western gable wall of the house hereby approved does not exceed 7.50 metres, and the front elevation wall set back from the front building line of School House by 4 metres, unless otherwise first agreed in writing by the Planning Authority. Thereafter the development shall be fully undertake in accordance with the approved details.
Reason: To ensure the development integrates with the settlement pattern and to avoid dominance of the adjoining house to the north-east.
2. Unless otherwise first agreed in writing by the Planning Authority, the finished ground floor level of the house hereby approved shall match that of School House, Bunarkaig.
Reason: To ensure the development integrates with the settlement pattern and to avoid dominance of the adjoining house to the north-east.
3. Prior to the commencement of work on the foundations of the house hereby approved, the public road opposite the proposed access position shall be widened in accordance with details first to be agreed in writing by the Planning Authority in consultation with the Roads Authority.
Reason: In the interests of road safety.
4. Prior to the commencement of work on the foundations of the house hereby approved, the site access shall be formed in strict accordance with the attached Road Schedule dated 10th July 2007, with the exception of the bituminous surfacing which must be completed prior to the initial occupation of the house hereby approved.
Reason: In the interests of road safety.
5. Notwithstanding the details illustrated in “plan 2 of 2 received on 7th March 2007” the house shall be completed with two chimney stacks, one at each end of the main ridge, unless otherwise first agreed in writing by the Planning Authority.
Reason: To ensure the development integrates with the style of existing 1¾ storey houses adjacent to the site.
FOOTNOTE TO APPLICANT RELATIVE TO APPLICATION 07/00090/FULLO
NB1 – The Council’s Environmental Health Officers have advised that the recently upgraded private water supply currently serves 11 houses (existing and under construction), and has a capacity of 45 persons. The applicant should contact Environmental Health directly on tel. 01397 707007 to discuss the private water supply arrangements, prior to commencing works.
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.
The Committee AGREED the recommendation.
5.6 Veta Property Ltd (Application Reference No: 07.00107/FULLO)
24 - 26 High Street, Fort William
Change of use from shop to restaurant
There had been circulated Report No. PLR-23-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to the initial use of the restaurant hereby approved, full details of the proposed means of ventilation/mechanical extraction from the kitchen area shall be submitted to and approved in writing by the Planning Authority, in consultation with Environmental Health Officers. The system shall be designed to minimise the impact of odours on adjoining property. Thereafter, the ventilation/mechanical extraction system shall be fully installed in strict accordance with such details as are approved prior to the first use of the restaurant hereby approved and shall be so maintained for as long as the restaurant is in operation.
Reason: To minimise the adverse effects of uncontrolled odours from the kitchen on surrounding property.
2. The development shall be completed in strict accordance with “plan 3 of 3 received on 14th March 2007” attached hereto. In particular, disabled access via the side entrance must be provided, prior to the initial use of the restaurant hereby approved.
Reason: To ensure the building is accessible to all, in accordance with Lochaber Local Plan policy 3.4.7 and SPP8.
FOOTNOTE TO APPLICANT RELATIVE TO APPLICATION 07/00107/FULLO
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.
The Committee AGREED the recommendation.
5.7 Mr & Mrs Colin Bow (Application Reference Nos: 07/00182OUTSL & 07/00183/OUTSL)
Land to South West of & West of 53 Aird Bernisdale, Skeabost Bridge, Isle Of Skye
Erection of 2 houses (Outline)
There had been circulated Report No. PLR-24-07 by the Area Planning & Building Standards Manager recommending:
A. the grant of Outline Planning Permission in respect of application reference 07/00183/OUTSL subject to the following conditions:-
1. A further application shall be made to the Planning Authority within three years of the date of the permission for the approval of reserved matters and no works shall be commenced on any part of the site until the permission of the Planning Authority has been granted in writing for such proposals. Reserved matters shall include the siting, design and external appearance of all buildings, the means of access thereto, proposals for landscaping, drainage arrangements and the design and appearance of boundary enclosures.
Reason: The application is in outline only and no such details were submitted.
2. The Reserved Matters referred to in Condition 1 hereof shall include measures to improve the access in accordance with the attached access specification, with the service bay to the north of the re-aligned access.
Reason: In the interests of road safety.
B. that, subject to prior submission of satisfactory amended plans relocating the house and plot further south, outline permission be granted in respect of application ref 07/00182/OUTSL and subject to the following conditions:
1. A further application shall be made to the Planning Authority within three years of the date of the permission for the approval of reserved matters and no works shall be commenced on any part of the site until the permission of the Planning Authority has been granted in writing for such proposals. Reserved matters shall include the siting with the house sited further south within the site than specified on the approved plan, the design and external appearance of all buildings, the means of access thereto, proposals for landscaping, water and foul drainage arrangements and the design and appearance of boundary enclosures.
Reason: The application is in outline only and no such details were submitted.
2. The Reserved Matters referred to in Condition 1 hereof shall include measures to improve the access in accordance with the attached access specification, with the service bay to the north of the re-aligned access.
Reason: In the interests of road safety.
3. No commitment is given to siting the house as illustrated on the plan hereby approved, and the house shall be sited as far to the south as possible.
Reason: In order to comply with the siting policy of the Skye and Lochalsh Local Plan.
The Committee AGREED the recommendation.
5.8 Mr A Law (Application Reference No: 07/00278/FULSL)
Land To South East of 2A Kildonan, Edinbane, Isle Of Skye
Erection of house
There had been circulated Report No. PLR-25-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Prior to commencement of building operations and on completion of preliminary earthworks the position of the house and its finished floor level shall be pegged out on site for the prior written approval of the Planning Authority.
Reason: In the interests of visual amenity.
2. Prior to the commencement of development, the link between the access track serving the site and the track serving housing to the north shall be closed to through vehicular traffic in accordance with details which shall have been submitted to and approved in writing by the planning authority.
Reason: In the interests of road safety.
3. Prior to the commencement of any works on site the developer shall have obtained the written confirmation of the planning authority that the access onto the A850 has been improved in accordance with the requirements of the road schedule as specified under 04/00322/OUTSL.
Reason: In the interests of road safety
FOOTNOTE TO APPLICANT RELATIVE TO APPLICATION REF 07/00278/FULSL
Please note that this approval is only for planning permission and does not grant consent from Scottish Water to connect to the public water supply.
The applicants attention is drawn to the requirement of condition 3 to ensure the access onto the A850 will require to be upgraded prior to the commencement of any works on site. This obligation is applicable to all new users of this junction.
The Committee AGREED the recommendation.
Mr Drew Millar had asked for and been granted a local member vote in respect of item 5.9 following.
5.9 Highlands & Islands Properties Ltd (Application Reference No: 07/00279/FULSL)
Highland Country Bus Garage, Park Road, Portree, Isle Of Skye
Erection of offices
There had been circulated Report No. PLR-26-07 by the Area Planning & Building Standards Manager recommending that, subject to the prior conclusion of a Section 75 Agreement whereby a commuted payment is made prior to commencement of the development in respect of the cost of providing 9 parking spaces off site, Planning Permission be granted subject to the following conditions:-
1. Prior to the commencement of the development, a scheme, detailing the timing of development and arrangements for implementing the development, including the delivery and storage of plant and materials and the siting of any temporary site huts and other off-site arrangements necessary for implementation of the development, and including demonstration of the approval of any parties with an interest in relevant land, shall be submitted to and approved in writing by the Planning Authority.
Reason: To minimise the impact of loss of parking provision.
2. Prior to the commencement of the development, proposals for replacing the retaining wall on the north-western boundary of the site shall be submitted to and approved in writing by the Planning Authority.
Reason: To minimise the impact of loss of parking provision.
3. Prior to the commencement of development, details of external wall finishes and surfacing of open areas of the site shall be submitted to and approved in writing by the Planning Authority.
Reason: In the interests of the visual amenities of the locality.
4.The roof of the development hereby approved shall be finished in natural slate unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of the visual amenities of the locality.
5. Prior to the commencement of development, proposals for traffic calming in Park Road shall be submitted to and approved in writing by the Planning Authority and these shall be implemented prior to initial occupation of the building.
Reason: In the interests of road safety.
6. Prior to any development commencing on site, a scheme to deal with potential contamination on site shall be submitted to and require the approval in writing of the Planning Authority in consultation with the Council’s Contaminated Land Unit, and the approved scheme shall be implemented thereafter in full to the satisfaction of the Planning Authority in consultation with the Council’s Contaminated Land Unit.
The scheme, which may be undertaken on a phased and progressive basis, shall contain details of proposals to deal with potential contamination and shall include:-
(a) An assessment of the nature, extent and type of contamination on site, identification of pollutant linkages and assessment of risk. The scope and method of this assessment shall be agreed in advance with the Planning Authority in consultation with the Council’s Contaminated Land Unit and shall be undertaken in accordance with PAN 33(2000) and BS10175;2001.
(b) A Remedial Strategy (if required) to treat/remove contamination to ensure that the site is fit for the use(s) proposed. This shall include a method statement, programme of works, proposed verification plan and proposals for the ongoing monitoring of the condition of the site.
(c) A Validation Report (should remedial action be required) by a competent person who will validate and verify the completion of works to a satisfactory standard as agreed with the Planning Authority in consultation with the Council’s Contaminated Land Unit.
Written confirmation from the Planning Authority in consultation with the Council’s Contaminated Land Unit that the approved scheme has been satisfactorily implemented and completed, and that, if appropriate, monitoring measures are satisfactorily in place, shall be required by the developer before any development hereby approved commences on site.
Reason: In the interests of public health and amenity.
7. Prior to the commencement of development, proposals for implementing the development, including hours of working and timing of noisy operations, shall be submitted to and approved in writing by the Planning.
Reason: To minimise disturbance to users of nearby premises.
8. Prior to the commencement of development, details of the proposed cycle parking provision shall be submitted to and approved in writing by the Planning Authority, and these proposals shall be implemented prior to commencement of use of the building.
Reason: To ensure safe provision of adequate cycle parking.
9. Prior to the commencement of development, the developer shall have demonstrated to the satisfaction of the Planning Authority, which shall have confirmed the adequacy of provision in writing, the provision of a bus depot of adequate capacity and appropriately located to meet the needs of Portree.
Reason: In the interests of road safety, for the avoidance of congestion, in the interests of maintaining bus and coach services, in the interests of the economic well-being of Portree, and in the interests of visual amenity.
The Committee AGREED the recommendation subject to the Section 75 Agreement being at the Applicant’s expense.
5.10 Pencon Productions Ltd (Application Reference No: 07/00340/FULRC)
Former Filling Station Site, High Street, Avoch
Erection of cafe (Detail) (Resubmission)
There had been circulated Report No. PLR-27-07 by the Area Planning & Building Standards Manager recommending refusal of Planning Permission for the following reasons:-
1. Policy G2 of the Highland Structure Plan requires proposals to “demonstrate sensitive siting and high quality design in keeping with local character and historic and natural environment and in making use of appropriate materials”. It is considered that significant elements of the proposal (including elevational detailing and the use of certain non-traditional materials) would undermine the local historic character of the area, fail to integrate suitably into the Conservation Area and be at odds with this principal policy.
2. Policy GSP1 of the Ross & Cromarty East Local Plan requires proposals to “demonstrate that they represent good design”. Significant elements of the proposal (in particular those facing the High Street and Fortrose) are considered insensitive and incongruous with the local character of development. As such, the design would not easily assimilate into the Conservation Area and would not accord with this policy.
3. PAN71 – Conservation Area Management reinforces the importance of “high quality design” for all new development within Conservation Areas that “enhances” the existing built form. Significant elements of the proposal are deemed unsympathetic to, and incompatible with, the historic character of the area. Thus, the proposal fails to meet the general principles of this national planning guidance.
4. NPPG18 – Planning and the Historic Environment states explicitly that “notwithstanding the acceptability of the proposals in terms of other planning issues, if any proposed development would conflict with the objective of preserving or enhancing the character or appearance of the designated area there should be a presumption against granting planning permission”. Given that substantial elements of the proposal are deemed to conflict with the objectives and preservation of the Conservation Area, the application cannot be supported.
Following debate, the Committee AGREED to defer consideration of the application to allow the Applicant:-
1. To work with the Planners to improve the design; and
2. To allow the Applicant the opportunity to liaise with the Avoch Harbour Trust regarding the provision of parking.
5.11 Mr G J Keith (Application Reference No: 07/00370/FULRC)
Land to South East of Leog Cottage, 8 Ness Way, Fortrose
Erection of house and formation of access (Detail)
There had been circulated Report No. PLR-28-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. The type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.
2. Prior to the first occupation of the house, the site access including the double service bay (as shown on the approved plans) and first 5 metres of the access road, as measured from the edge of the public carriageway, shall be surfaced in bituminous macadam or similar hard material in accordance with The Highland Council's Road Guidelines for New Developments. Gradient of access over first 5 metres must not exceed 1 in 16. Positive drainage measures will be undertaken, in accordance with Highland Council Guidelines, to ensure that no ground or surface water flows onto the public road from the site.
Reason: In the interests of road safety and to prevent deleterious materials being carried onto the road.
3. Notwithstanding the provisions of Article 3 and Class 3 & Class 16 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), and for the avoidance of doubt, no development shall take place within the area marked ‘buffer zone’ on the approved plans without planning permission being granted on an application made to the Planning Authority.
Reason: In the interest of clarity and to ensure that the development complies with the terms of the development plan policy for the site and that a suitable buffer zone is maintained.
4. No development shall commence until details of the scheme of soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:
i. existing landscaping features and vegetation to be retained;
ii. location and design, including materials, of walls, fences and gates;
iii. a particular regard to screen planting along the north-eastern boundary;
iv. soft landscaping works, including the location, type and size of each individual tree and/or shrub;
v. programme for completion and subsequent on-going maintenance.
All the soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.
Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure the implementation of a satisfactory scheme of landscaping.
5. Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, the exact type, colour and style of all quoins to be used in the development shall be agreed in writing by the Planning Authority.
Reason: In the interests of visual amenity.
Additional Note to Applicant
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.
Furthermore, permitted development rights have been removed from the buffer zone as identified on the approved plans. Thus, no development (including the erection of a garden sheds or the siting of caravans etc.) can take place within this area without express planning permission.
Section 75 Legal Agreement
You are advised that a standing Section 75 Legal Agreement applies to part of this site. The terms of the agreement must be read in conjunction with the planning permission hereby approved. The terms of the Agreement may affect further development rights and you are therefore advised to consult with the Planning Authority if considering any further development.
The Committee AGREED the recommendation.
5.12 Mrs M Matheson (Application Reference No: 07/00480/FULRC)
Land to North East of Cherrytrees, Duirinish, Kyle
Erection of house (Detail)
There had been circulated Report No. PLR-29-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. Unless otherwise conditioned below, the type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.
2. Notwithstanding the details and plans submitted with the application, the roof finish employed shall be natural slate, unless otherwise agreed in writing by the Planning Authority.
Reason: To ensure that the development is sensitive to its surroundings and respects the visual amenity and architectural character of the area.
3. Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, plans showing the proposed site levels (including cross-sections of the house platform and access road in relation to fixed datum points) shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress in accordance with these approved plans.
Reason: To ensure that the development is sensitive to its surroundings, accords with settlement pattern and respects the historic character of the area.
4. No development shall commence until details of the scheme of soft landscaping works has been submitted to and approved in writing by the Planning Authority. Details of the scheme shall include:
i) location and design, including materials, of walls, fences and gates;
ii) soft landscaping works, including the location, type and size of each individual tree and/or shrub along the northern site boundary in particular;
iii) programme for completion and subsequent on-going maintenance.
All the hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Planning Authority. All planting, seeding or turfing as may be comprised in the approved details shall be carried out in the first planting and seeding seasons following the commencement of the development unless otherwise agreed in writing with the Planning Authority.
Any trees or plants which within a period of five years from the completion of the development die, for whatever reason are removed or damaged shall be replaced in the next planting season with others of the same size and species, unless otherwise agreed in writing with the Planning Authority.
Reason: To ensure the implementation of a satisfactory scheme of landscaping and to ensure the development edge to the north is diffused and appropriate.
5. No development shall commence on site until full details of the proposed improvement works to the existing access (including improved measures to prevent water discharging to the public road) have been submitted to, and approved in writing by, the Planning Authority. Thereafter, the improvement works shall be completed in full prior to the first occupation of the house hereby approved.
Reason: In the interests of road safety.
6. The access shall be constructed to ensure that no surface water is discharged to the existing shared access or the public highway, to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
7. The parking and turning area shown on the approved plans shall be provided prior to the first occupation of the house hereby approved and thereafter maintained in perpetuity.
Reason: In the interests of road safety.
The Committee AGREED the recommendation.
5.13 Mr & Mrs A James (Application Reference No: 07/00502/FULRC)
Uig Cottage, Cooper Street, Plockton
Conversion of byre/store to form holiday letting unit
There had been circulated Report No. PLR-30-07 by the Area Planning & Building Standards Manager recommending the grant of Planning Permission subject to the following conditions:-
1. The type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.
Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.
2. Unless otherwise agreed in writing by the Planning Authority, the development hereby approved shall be used as either:
(a) holiday accommodation, operated by the occupiers of the adjacent house known as Uig Cottage and shall not be occupied by any one family, individual or group for more than three months in any one calendar year; OR
(b) ancillary accommodation incidental to the enjoyment of the adjacent house known as Uig Cottage;
For the avoidance of doubt the self contained unit shall not be used as a permanent house.
Reason: In accordance with the use as ancillary accommodation/holiday letting unit as by reason of its siting, lack of curtilage and close proximity to main dwellinghouse, the property would be unsuitable for permanent residential accommodation.
3. Prior to the first occupation of the development hereby approved, the two off-street parking places shown on the approved plans shall be formed in full and clearly demarcated through the erection of appropriate signage; details of which shall first be submitted to, and approved in writing by, the Planning Authority. Thereafter, the parking spaces shall be maintained in perpetuity for the sole use of the development hereby approved, unless otherwise agreed in writing by the Planning Authority.
Reason: In the interests of road safety.
4. Prior to the first occupation of the development hereby approved, the proposed access shall be formed in accordance with roads drawing SAS1f to the satisfaction of the Planning Authority, with dropped kerbs installed where necessary and visibility splays of 2.5m x 30m to the west and 2.5m x 17.5m to the east formed from the centre line of the proposed access. Prior to work starting on site these visibility splays shall be cleared of all obstructions over 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 to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
5. Prior to the commencement of development, a photographic record shall be made of the remains of old buildings and/or other features affected by the proposed development, in accordance with the attached specification, and shall thereafter be submitted to the Planning Authority. No site clearance work shall take place until confirmation in writing has been received from the Planning Authority that the record made has been lodged and is satisfactory.
Reason: To protect and record the historic interest of the site.
The Committee AGREED the recommendation.
6. Delegated Powers
The Committee agreed to note that the List of Delegated Decisions on Planning Applications up to 27 July 2007 was available on the Members Bulletin and was also available via The Highland Council website.
The meeting ended at 5.00 pm.