Minutes of Meeting of the Ross, Skye and Lochaber Planning Applications and Review Committee held in the Chamber, Council Offices, High Street, Dingwall on Tuesday, 21st August 2007 at 10.30 a.m.
Committee Members Present
Mr Billy Barclay
Mr Donald Cameron
Mrs Isabelle Campbell
Mr David Chisholm
Mr Bill Clark
Mr Eddie Hunter
Mrs Isobel McCallum
Mr Ian Renwick
Mrs Audrey Sinclair
Officials in attendance:
Mr Jim Yuill, Principal Engineer
Mrs Julie Ferguson, Planning Team Leader (Item 3.1)
Mrs Dorothy Stott, Planning Officer (Item 1 - 2.2)
Mr Ken McCorquodale, Principal Planning Officer (Item 2.3)
Mr Brian MacKenzie, Senior Planning Officer
Mr Steven Grant, Senior Technician, TECS
Mr Nick Thornton, Technical Officer TECS (Item 3.1)
Ms Karen McLeod, Principal Solicitor (Planning)
Mrs Alison MacArthur, Clerical Assistant
Mr David Chisholm in the Chair
Business
1. Apologies for Absence
Apologies for absence were intimated on behalf of Mr Hamish Fraser.
2. Hearings
2.1 Mrs Beryl Ferguson’s Executry (Application Reference No. 02/00779/OUTRC and 02/00780/OUTRC)
South of Glascairn Road, Culbokie
Housing Development and Associated Special (Community) Uses (Outline)
There had been circulated Report No PLR/031/07 by the Area Planning and Building Standards Manager recommending that outline planning permission be granted in respect of both applications subject to conditions, as follows:-
02/00779/OUTRC
1. Standard outline condition and reasons.
2. The development hereby approved shall not exceed 30 houses (maximum).
Reason: This is the upper capacity figure identified in the Local Plan and is consistent in relation to the general density of housing nearby.
3. The designed layout shall incorporate the following:
· A toddlers play area centrally placed and located safely;
· Road and housing layout that embrace concepts of sustainability and home zone principles;
· The provision of a 2.0 metre wide footpath on the B9169 and on the Glascairn road over the full length of both boundaries;
· Detailed proposals for the development of the community special uses site/land located at the north corner of the site opposite the existing Post Office (02/00780);
· A SUDS Scheme which shall not be based on an attenuation pond located within sensitive amenity areas. A separate solution requires to be made. This drainage scheme shall include details of incoming water to the site from adjacent land and the public roadway as well as field drains and springs;
· A comprehensive phased plan of roads and services completion as well as details of house building – phased intentions;
· A design brief detailing house types, finishes, building lines, plot ratios, boundary and landscaping treatment to apply to any areas designed for self-build plots.
Houses shall have a designed “frontage” to the B91969. For the avoidance of doubt long lengths of screen fencing along road frontages is unacceptable and the overall design needs to recognise the aesthetics and sensitivities of the site from surrounding roads and peripheral houses.
Reason: In the interests of relating the development to adjacent land uses and constraints.
4. The individual house designs shall incorporate the principles of designing for sustainability as expressed in Council Policy. In each case a Sustainable Design statement shall be included in any reserved matters submission.
Reason: In the interests of amenity.
5. The roads and footpaths shall be designed to adopted standards (in accordance with home zone principles) and a Roads Construction Consent and Road Bond will apply with no work commencing on any houses until this is in place, confirmed in writing.
Reason: In the interests of ensuring satisfactory provision of services.
6. The development shall proceed in a programme of releasing sites that does not exceed 7 houses being occupied per year or in total 30 over a 4 year period ending 2011. An exception to this may be possible if associated with delivering a 25% affordable housing quota.
Reason: In the interests of controlling growth to a rate that meets with the objectives of the Local Plan.
7. Any details pursuant to this outline permission shall show a layout for a maximum of 30 residential units with a minimum of 8 affordable units. No development shall commence on site until the developer has entered into a design and build contract with a social housing provider or equivalent to deliver a minimum of 8 affordable units within Communities Scotland benchmark costs and built to Communities Scotland Housing for Variable Needs standards, unless otherwise first agreed in writing by the Planning Authority.
Reason: In the interests of securing compliance with the Council’s Affordable Housing Policy as contained in the development plan and in the interests of meeting affordable housing needs in the area.
8. There shall be a Developers contribution in respect of the wider provision of recreational and leisure developments within the Community and the provisions of enhanced public transport as stated in R&C East Local Plan. No development may commence on any part of this site until evidence of this agreement and a programme of contribution is lodged with the Council.
Reason: In the interests of compliance with Council Policy.
02/00780/OUTRC
1. Standard Outline Condition and reason.
2. Proposals for this site will come forward in tandem or as part of the Reserved Matters for the adjacent housing development (02/00779/OUTRC) and will be designed as an integral part of such development in accordance with the conditions attached to such consent.
Reason: In the interests of amenity and relating the development to adjacent land uses and constraints.
The Planning Officer introduced the application giving a brief description of the proposed development and site, identifying the planning policies against which the application was to be assessed and drawing attention to other material planning considerations including the responses of statutory consultees and the concerns of objectors to the application.
Mr McCallum and Mr Allan, on behalf of the applicant, spoke in support of the application. Mr McCallum indicating that, given the recent improvements to the infrastructure, the application was not premature and that the concerns of the objectors would more appropriately be addressed at the detailed stage of the planning process.
Mr Allan confirmed that confirmed that there would be no distinction between the public and private units and that there would consultation with the community as regards design and the area for special uses.
Mrs Campbell circulated a handout to the Committee. She then addressed the Committee with regard to her objections which were summarised in the report.
Mr MacIntosh addressed the Committee with regard to his objections which were summarised in the report and indicated that he agreed with the objection of Mrs Campbell.
A letter objecting to the application had been submitted by C Windsor who was unable to attend the committee and this was read out to the Committee.
Following a question from the Chairman Mrs Hendry indicated from the public gallery that she had lodged a non-timeous objection having moved into a neighbouring property following the expiry of the period for neighbour notification of the application. The Committee agreed that Mrs Hendry be permitted to address the Committee.
Mr McCallum on behalf of the applicant then responded to the objectors concerns.
Mr MacKenzie of the Planning and Development Service responded to questions from Members as regards housing land supply and completions within Culbokie.
The Principal Engineer responded to the concerns of Mrs Campbell.
Following a question from the Chairman, the Committee indicated that all their requirements for information had been met.
Following a question from the Chairman, Mrs Campbell questioned the accuracy of the figures regarding housing completions in Culbokie and Mr McCallum on behalf of the applicant indicated that he was satisfied with the way in which the Hearing had been conducted.
Following debate, the Committee AGREED the recommendation that the application be approved subject to the conditions indicated.
2.2 Easson Developments Ltd (Application Reference No 05/00841/OUTRC)
Land to Rear of St Clements School, Tulloch Street, Dingwall
Erection of Two Retail Units and Formation of Service Yard and Car Park (Outline)
There had been circulated Report No. PLR/032/07 by the Area Planning and Building Standards Manager recommending that outline planning permission be granted subject to the following conditions:-
1. Standard outline condition and reason.
2. Prior to consideration of any reserved matters application, a programme of archaeological work for the preservation and recording of any archaeological features affected by the proposed development, including a timetable for investigation, all in accordance with the attached specification, shall be submitted to and require the approval in writing of the Planning Authority. All arrangements thereby approved shall be implemented by the developer at his expense in accordance with the approved timetable for investigation.
Reason: In order to preserve the historical and archaeological interest of the site.
3. Prior to consideration of any reserved matters application, the applicant shall provide a summary of the historic and recent use of the site so as this may be confirmed. Should the previous use of the site be confirmed as potentially contaminative, a land contamination assessment shall be carried out. Such an assessment should be consistent with the approach to and contamination within the new contaminated land regime as reflected in PAN 33 and the British Standard for Site Investigation of Potentially Contaminated Sites, BS 10175: 2001.
Reason: To ensure that the development of this site is suitable for the uses intended in accordance with the Council’s strategy and contaminated land.
4. For the avoidance of doubt, the submitted indicative layout and extent of retail floor space proposed is not hereby approved. The reserved matters application shall demonstrate that all built development, including access, shall be located above the levels of the site subject to the 1:200 year flood risk as shown on drawing PHXREE/040/0010 dated 14th May 2007, a supplement to the flood risk assessment report entitled “Esson Properties Site at Tulloch Street, Dingwall”, by Halcrow Yolles dated 2007, along with compensatory flood proposals if necessary, to the satisfaction of the Planning Authority in consultation with SEPA.
Reason: In the interests of avoiding flood risk and to ensure compliance with the principles and policies in Scottish Planning Policy 7 – Planning and Flooding.
5. The reserved matters referred to at Condition 1 above, shall include a fully detailed scheme of landscaping for the site, including a scheme of maintenance. This shall include substantial structural tree planting along the boundaries of the site, particularly to the immediate west of the residential properties on Castle Street. The scheme will also include existing tree planting to be reinforced along the footpath with the River Peffery. 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 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the immediately following planting season with others of a similar size and species.
Reason: In the interests of the visual amenity of the area and to help separate and screen the development from the established housing to the immediate east.
6. The reserved matters referred to at Condition 1 above, shall include a review of the transport assessment dated December 2006 prepared by Steer Davis Gleave, to relate specifically to the type of use which is proposed. Such review should be undertaken in full consultation with the Council’s TEC Services (Transport) and shall provide justification for the submitted layout, car parking provision and servicing arrangements. Any local roads or footpaths (including pedestrian/cycle crossings) or drainage infrastructure which, following assessment of any reserved matters submission to follow hereon, are considered by the Roads Authority to be inadequate to reasonably and safely absorb the demands of the development hereby approved in outline, shall be improved by the developers at their expense to such standard as may be carried out in accordance with a programme of action to be agreed in writing with the Planning Authority before commencement of any development on site. The reserved maters layout shall include the following:
(a) details of service yard area for the retail units, the design of which shall be that the largest delivery vehicles can enter and leave the yard in forward gear. The service yard area must be completely segregated from the general car park.
(b) details of provision for customer and staff car parking and secure sheltered cycle parking, including provision for disabled spaces and parent and child parking spaces, all of which must meet the requirements of the Guidelines Standards available from the Roads Authority.
(c) details of provision for safe pedestrian and cycle routes, all of which must be paved and lit with adequate lighting systems. This must take into account connection with the existing path alongside the River Peffery to the north.
(d) details of existing access retained to properties on Castle Street to the east to ensure that existing access rights are retained and are not prejudiced by the proposed development.
Reason: In the interests of road and pedestrian safety, to ensure existing access rights are not prejudiced and to ensure that no costs of accommodating the development fall to the Council.
7. The reserved matters referred to at Condition 1 above, shall include comprehensive drainage plans to be implemented by the developers at their expense in respect of all surface and any ground water arisings. Said drainage plans shall require to comply with the principles of sustainable urban drainage (SUDS) and shall require to be approved by the Planning Authority in consultation with SEPA prior to development commencing.
Reason: In the interests of securing adequate drainage systems.
8. The design and layout of the site shall be undertaken by the developers in such a way as to minimise any detrimental impact on neighbouring properties particularly in relation to the massing and location of all buildings, the location of service areas, plant and equipment and the location and design of lighting columns, all of which shall require to meet with the principles of designing for sustainability as set out in the Council’s Structure Plan (G2).
Reason: In the interests of ensuring compatibility with adjacent land uses.
9. The reserved matters referred to at Condition 1 above, shall include a noise assessment report identifying the long term impact of traffic, servicing and mechanical cooling, ventilation systems on the nearest noise sensitive properties. Said report shall specify noise mitigation measures to be implemented by the developers at their expense in respect both of activity during construction and the future operation of the site. The report and measures proposed therein shall require to be approved by the Planning Authority in consultation with the Council’s Environmental Services.
Reason: In order to meet with the requirements of Structure Plan Policy G2 – designing for Sustainability.
10. Prior to the occupation of any part of the development, the developer shall lodge with the Council a financial contribution towards the provision of the Kinnairdie Link Road. This contribution shall be calculated in accordance with the Council’s Supplementary Guidance on Developer Contributions in Dingwall (adopted 25th January 2006) and based on the uplift in floor space from the development which previously existed on site. No development may commence on any part of the site until evidence of this agreement and a programme of contribution has been lodged with the Council.
Reason: In the interests of ensuring that new development in Dingwall provides adequate contribution to the infrastructure improvements required as a result of such new development in compliance with the Council’s Supplementary Guidance on Developer Contributions in Dingwall (adopted January, 2006).
Page 23 of the Report which had been omitted from the circulated papers was circulated to members and parties present at the Hearing.
The Planning Officer introduced the application with reference to photographs giving a brief description of the proposed development and site, identifying the planning policies against which the application was to be assessed and drawing attention to other material planning considerations including the responses of statutory consultees and the concerns of objectors to the application.
Mr Smith, on behalf of the applicant, spoke in support of the application and answered questions from Members.
Mr Sutherland, Mrs Stach, Mr and Mrs McLennan addressed the Committee with regard to their objections which were summarised in the Report.
Mr MacDonald, Vice Chair of Dingwall Community Council, spoke in support of the Community Council’s written representation which was summarised in the Report.
Mr Smith responded to the objectors’ concerns and the Community Council’s representations.
The Senior Technician, TECS, addressed the Committee with regard to the comments from TECS.
Mr MacKenzie of the Planning and Development Service addressed the Committee with regard to the proposed master plan for that part of Dingwall including the application site.
Following a question from the Chairman, the Committee indicated that all their requirements for information had been met.
Following a question from the Chairman, parties indicated that he was satisfied with the way in which the Hearing had been conducted.
The Planning Officer summed up the application, presented the recommendation that the application be approved subject to conditions and indicated that there should be a revisal to condition 4 so that it reads “For the avoidance of doubt, the submitted indicative layout and extent of retail floorspace proposed is not hereby approved. The reserved matters application shall demonstrate that all built development, including access, shall be effectively moved outwith the flood risk zone onto a suitably engineered platform which is connected to higher land outwith the flood risk area (as currently shown on drawing PHXREE/040/0010 dated 14th May, a supplement to the flood risk assessment report entitled ‘Esson Properties Site at Tulloch Street, Dingwall’ by Halcrow Yolles, dated 2007); along with compensatory storage and demonstration that the proposals will not have a detrimental impact on flooding elsewhere, to the satisfaction of the Planning Authority in consultation with SEPA.
Following debate, the Committee AGREED the recommendation that the application be approved subject to the conditions indicated and the amendment to condition 4.
2.3 Fergus Haldane (Application Reference No 07/00512/OUTRC)
Land to North of Balvattan, Newhall Point, Balblair
Erection of House (Outline) (Resubmission)
There had been circulated Report No. PLR/033/07 by the Area Planning and Building Standards Manager recommending that outline planning permission be granted subject to the prior conclusion of a Section 75 Agreement to extinguish permitted development rights and limit gardening activities across areas of garden ground to protect the scheduled area associated with the Schedule Ancient Monument and the following conditions:-
1. Standard outline condition and reasons.
2. The Reserved Matters Application shall include full details of all boundary enclosures to be erected, to the satisfaction of the Planning Authority in consultation with Historic Scotland. For the avoidance of doubt all fencing shall be erected outwith the scheduled area of the Scheduled Ancient Monument.
Reason: To safeguard the integrity of the adjacent scheduled ancient monument.
3. Prior to any development commencing on site the scheduled ancient monument shall be securely fenced off to restrict access and accidental damage to the monument and development shall only commence once written confirmation has been received from the Planning Authority that the fence is adequate. The fence shall remain in place until all construction works have been completed on site.
Reason: To safeguard the adjacent scheduled ancient monument.
4. 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 protect the historic interests of the site.
5. All construction phase activity, including storage of materials and parking of associated vehicles must be contained within the site as the adopted road outwith the site is single track.
Reason: In the interests of road safety.
6. The access shall be formed to the Guidance Standards of the Roads Authority and shall include a service bay and visibility splays of 2.5 metres x 90 metres to be maintained in perpetuity. At least the first five metres of the access and the service bay shall be surfaced in bitmac and no surface or ground water shall be permitted to enter or leave the site, from or onto the public road. Parking and turning for at least two vehicles shall be provided and maintained within the site. A hardstanding for the storage of bins shall be provided adjacent to the pubic road, outwith the visibility splays. Full details shall be included in the Reserved Matters application.
Reason: In the interests of road safety.
7. Full details of the proposed full drainage arrangements to comply with the requirements of the Building Regulations together with surface water drainage arrangements to comply with the principles of SUDS shall be shown on the Reserved Matters Application.
Reason: In the interests of public health and to reduce the risk of flooding.
8. The house shall be positioned outwith the scheduled area of the scheduled ancient monument and above the 5.0 metre ordinance datum line. It shall be position in line with the existing house to the south, Balvattan and shall be designed and finished to complement the existing houses in the settlement and conserve their privacy and amenity.
Reason: To protect the historic interest of the site and to reduce the risk of flooding.
9. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, or any Order revoking and re-enacting the Order, with or without modification, no buildings shall be erected within the curtilage of the house without the express approval of the Planning Authority, in consultation with Historic Scotland.
Reason: To safeguard local archaeological interests in the site.
Informatives
1. This outline planning permission is subject to a Section 75 Agreement extinguishing permitted development rights and limiting gardening activities across areas of garden ground as determined by Historic Scotland to safeguard buried archaeological remains.
2. No works can be undertaken on site without ancient monument consent being obtained from Historic Scotland.
3. This consent does not in any way guarantee a connection to Scottish Water infrastructure. The developer should contact Craig Jackson, Development Planner, Scottish Water 0845 801 8855 for further information and requirements.
The Principal Planning Officer introduced the application with reference to photographs giving a brief description of the proposed development and site, identifying the planning policies against which the application was to be assessed and drawing attention to other material planning considerations including the responses of statutory consultees and the concerns of objectors to the application.
Mrs Haldane representing the applicant spoke in support of the application and answered questions from Members.
Mr Haycox circulated photographs taken from the property adjacent to the application site and addressed the Committee with regard to his objections which were summarised in the Report.
Mrs MacKenzie addressed the Committee with regard to her objections which were summarised in the Report.
A letter objecting to the application had been submitted by Mr and Mrs Dowsett who were unable to attend the committee and this was read out to the Committee.
Mrs Haldane responded to the objectors concerns.
The Principal Engineer addressed the Committee with regard to the comments from TECS and answered questions from Members.
The Principal Planning Officer summed up and indicated that his recommendation was that the application be approved subject to conditions and an agreement in terms of section 75 of the Town and Country Planning (Scotland) Act 1997.
Following debate, the Committee AGREED the recommendation that the application be approved subject to the conditions indicated and an agreement in terms of section 75 of the Town and Country Planning (Scotland) Act 1997.
The Committee reconvened on site at Lochussie for a noise assessment demonstration as part of its consideration of item 3.1.
3. Continued Committee Item from 7 August 2007 Meeting
3.1 Mr A J Morrison (Application Reference No 06/00343/FULRC)
Development Site Adjacent to Former Scout Camp, Lochussie
Formation of Clay Pigeon Shooting Range (Amended Application)
There had been re-circulated Report No. PLR/018/07 by the Area Planning and Building Standards Manager recommending that planning permission be granted 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 interest of visual amenity.
3. Prior to the commencement of development details of the insulating materials and their 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 site 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 50 dB(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.
The Planning Team Leader introduced the application giving a brief description of the proposed development and site, identifying the planning policies against which the application was to be assessed and drawing attention to other material planning considerations including the responses of statutory consultees and the concerns of objectors to the application.
The Principal Engineer addressed the Committee with regard to the comments from TECS and answered questions from Members.
Mr Thornton of TECS addressed the Committee with regard to the noise assessment demonstration carried out on site and answered questions from Members.
The Planning Team Leader indicated that, if Members were minded to approve the application, the application be deferred for amended plans to be lodged as the test shooting which was the subject of the noise assessment was carried out from a direction different to that proposed by the submitted plans.
The Committee AGREED that the principle of the development was acceptable however, as the application was a detailed application, it agreed that the application be deferred for the submission of amended plans and delegated to officers for final approval.
The meeting ended at 4.15 pm.