Agenda

Committee Members Present:-

Mr Billy Barclay

Mr Peter Cairns

Mrs Isabelle Campbell

Mr David Chisholm

Mr William Clark

Mr Hamish Fraser

Mrs Isobel McCallum

Mr Ian Renwick

Mrs Audrey Sinclair

Non-Members also present:

Mrs Angela MacLean (Item 8.1 – Local Member vote)

Mrs Margaret Paterson (Item 8.1 – debate only)

Officials in attendance:

Mr Dafydd Jones, Area Planning and Building Standards Manager

Ms Susan Blease, Solicitor  

Mr Jim Tolmie, Area Roads and Community Works Manager

Mr Steven Grant, Senior Technician

Mrs Julie Ferguson, Planning Team Leader

Miss Cheryl Thomson, Administrative Assistant

Also in attendance at Item 8.1:

Applicants and Agents

Mr J McHardy, Housing Development Manager - THC

Ms S Evans, Housing Development Officer - THC

Ms F Munro, Albyn Housing Society

Ms H Cameron, Albyn Housing Society

Mr G Duncan, Davis Duncan Architects

Objectors

Mr and Mrs Cunningham

Mr R Forbes

Mr J N Sutherland

Mr and Mrs Waldie

Applicant

Location

Nature of Development

3.1

Mr & Mrs MacLeod

(Application Reference No: 06/00662/FULRC)

House Plot at Port Beag Chalets, Altandhu, Achiltibuie

Erection of House (Detail)

1.

The application is contrary to the terms of Policy 2.1 and 2.2 of the adopted Wester Ross Local Plan for the Countryside area as the proposed house will have an adverse impact upon the open views available from the public road to the Summer Isles over the site, whilst the prominent siting will detract from the amenity of the Coigach National Scenic Area.  The development has failed to comply with the requirements of policy G2 as the application fails to demonstrate sensitive siting and high quality design in keeping with local character.

2.

Approval of this development would set an undesirable precedent, eroding Council policy and leading to pressure for similar applications to be approved in the future, to the detriment of the visual amenity of the local area and Coigach National Scenic Area.

3.

Satisfactory private drainage arrangements have not been submitted which comply with building standards and accordingly the development is contrary to the interests of public health.

Applicant

Location

Nature of Development

4.1

Mr Iain MacGregor

(Application Reference No: 05/00882/OUTRC)

Land to South East of Ardival Farm, Strathpeffer

Erection of House (Outline)

The Committee agreed to note that an appeal against refusal of planning permission by the Ross and Cromarty Area Planning Committee at its meeting of 6 February 2007 had been lodged and would be determined under the Written Submissions procedure.

4.2

Mrs Isobel M Telford

(Application Reference No: 06/00516/OUTRC)

House Plot 3, Wester Toberchurn, Culbokie,

Dingwall

Erection of House and Garage (Outline)

The Committee agreed to note that the Reporter had determined to dismiss this appeal against refusal of planning permission by the Ross and Cromarty Planning Committee at its meeting of 6 November 2006 and to refuse planning permission for the development. 

4.3

Mr G Knox

(Application Reference No: 07/00008/FULLO)

Land at Blar A Chaorainn, Lundavra Road, Fort William

Erection of Tea Room, Three Holiday Unit, Bunkhouse, Staff House, Toilets and Parking

The Committee agreed to note that an appeal against refusal of planning permission by the Committee at its meeting in July 2007, contrary to the Area Planning Manager’s recommendation, had been lodged with the Directorate of Planning and Environmental Appeals.

4.4

Pencon Productions Ltd (Application Reference No: 07/00340/FULRC )

At Former Filling Station Site, high Street, Avoch

Erection of Café (Detail) (Resubmission)

The Committee agreed to note that following deferral of determination of this application by the Committee at its meeting of 7 August 2007 to allow further discussion between the Planning Service and the Applicant on design and parking provision, an appeal against non-determination of the application had been lodged with the Directorate of Planning and Environmental Appeals.

Applicant

Location

Nature of Development

6.1

J Baker

(Application Reference No: 07/00847/FULRC)

Sean Ghiuthais, Achnandarach, Plockton

Erection of Studio Residence and Garage

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 development hereby approved, the proposed access shall be formed and thereafter maintained as per submitted drawing ref. 0502-101 with the entire bellmouth area surfaced in dense bitumen macadam. It shall have visibility splays of 2.5m x 40m to the south-east and 2.5m x 90m to the north-west 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.

3.

On-site parking for three vehicles (to include the single garage) must be provided prior to the first occupation of the development hereby approved and thereafter maintained in perpetuity.

Reason: In the interests of road safety.

4.

Prior to the commencement of development, full details of appropriate ‘concealed entrance’ (or similar) signage shall be submitted to, and approved in writing by, the Planning Authority in consultation with TECS Roads. Thereafter, the approved signage shall be erected prior to work starting on site and maintained in perpetuity.

Reason: In the interests of road safety.

5.

The garage/studio building hereby approved shall not be sold, leased, disponed or otherwise alienated from the house known as ‘Sean Ghiuthais’.

Reason: To ensure that the garage/studio remains within the same ownership as, and ancillary to, the main house; in the interests of residential amenity as the building does not have sufficient curtilage, residential amenity or appropriate access/parking provision to exist as a standalone unit.

6.

The garage/studio building hereby permitted shall be used only as ancillary accommodation incidental to the enjoyment of the adjacent house known as ‘Sean Ghiuthais’. It shall not be used for residential letting of any type, nor shall it be used as a self contained unit or a permanent house.

Reason: In accordance with the use applied for, the building hereby permitted being considered unsuitable for separate residential accommodation or residential letting by reason of its lack of curtilage, close proximity to main house and access arrangements

Applicant

Location

Nature of Development

6.2

Mr R M Wallace and Miss V Nye,

(Application Reference No: 07/00861/FULRC)

Land to South East of Duloe, Allt-nan-Subh, Dornig

Erection of House

1.

Notwithstanding the details and plans submitted with the application, the roof shall be finished in grey 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 of the area.

2.

Prior to the commencement of development, full details of the finish to be used on the timber boarding shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress using the approved finish.

Reason: To ensure that the development is sensitive to its surroundings and respects the visual amenity of the area.

3.

With the exception of the ruinous building lying in the path of the proposed access and junction, none of the ruinous buildings shown on the approved plans shall be removed or altered without the prior written consent of the Planning Authority.

Reason: In order to conserve the archaeological heritage of the Council's area.

4.

The proposed access shall be formed in accordance with the Council’s Highway Drawing No. SAS1f (figure 1 + Service Bay) and shall have visibility splays of 2.5m x 90m to the south-west and 2.5m x 55.5m to the north-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.

No development shall commence until full details of earthworks and retaining structures (including sections) relating the formation of the vehicular access/parking area and any affected sections of the public road have been submitted to, and approved in writing by, the Planning Authority.

Reason: In the interests of road and public safety.

6.

Prior to the commencement of development, the existing culvert/outfall leading from the public road shall be reinstated in full or diverted to the satisfaction of the Planning Authority in consultation with the Roads Authority. Thereafter, the culvert and outfall shall be maintained in perpetuity.

Reason: In the interests of road safety.

7.

Prior to any development commencing, the applicant shall provide, by way of an assessment of potential contamination issues, evidence that the site is suitable for its proposed use.  Such an assessment shall be consistent with the approach to land contamination contained in Planning Advice Note 33 and with the British Standard for investigation of potentially contaminated sites (BS10175:2001).  Should contamination be found, the applicant shall submit a written remediation strategy and effect remediation in consultation with TEC Services, such that the site is suitable for use.

Reason: To ensure that any contamination is dealt with in an appropriate manner in the interests of health and safety.

8.

Notwithstanding the layout depicted on plan ref. 90/PL2A, the proposed access and site layout shall be as shown on plan refs. 90/PL3 and 90/1 respectively, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity, road safety and archaeological safeguarding.

9.

Development shall not begin 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)                 soft landscaping works, including the location, type and size of each individual tree and/or shrub;

iv)                 screen planting to mask the house’s underbuilding;

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.

10.

Notwithstanding the provisions of Article 3 Classes 3 & 16 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended), no development shall take place, and no residential caravan(s) shall be sited, within the curtilage of the dwellinghouse hereby permitted without planning permission being granted on an application made to the Planning Authority.

Reason: In the interests of the areas visual amenity and to protect the sensitive settings of the proposed house from the unsympathetic siting and design of permitted developments normally carried out without planning permission under Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended).

Applicant

Location

Nature of Development

8.1

Albyn Housing Society (Application Reference No: 07/00004/OUTRC)

Land North of Sellar Place, Conon Bridge

Formation of Housing Development (Outline)

1.

Standard outline condition and reason.

2.

Full details of the surface and ground water drainage system, which shall comply with the principles of sustainable urban drainage systems (SUDS) shall be submitted with the Reserved Matters application to the satisfaction of the Roads Authority and the Scottish Environment Protection Agency.

Reason: In order to reduce the risk of flooding and improve water quality.

3.

Any details pursuant to condition 1 (a) above shall show a layout for a maximum of 70 houses with a minimum of 42 affordable house units provided. No development shall occur on site until the developer has entered into a design and build contract with Albyn  Housing Association or equivalent to deliver a minimum of 42 affordable residential units within Communities Scotland benchmark costs and to be built to Communities Scotland Housing for Variable Needs standards.

Reason: In order to ensure a high level of supply of affordable housing in accordance with the applicants stated intention and to justify the higher density proposed on site.

4.

The development shall be held back from the North West perimeter of the site in accordance with the building line shown on the indicative layout received on 4^th September 2007 and any variation shall be to the satisfaction of the Planning Authority in consultation with SEPA.

Reason: In order to reduce the risk of flooding.

5.

An independent Road Safety Audit shall be submitted with the Reserved Matters application to the satisfaction of the Roads authority and all recommendations shall be included within the road layout.

Reason: In the interests of road safety.

6.

No work shall commence on site until a Road Construction Consent is obtained and a road bond lodged with the Council.  Full details of roads and footpath shall be submitted with the Reserved Matters application to the Council’s guideline standards.  Street lighting shall be provided to the satisfaction of the Roads Authority and shall be operational before the first house in any phase is occupied.  Roads shall be 5.5 metres wide with 2.0 metre footpaths and all driveways shall be surfaced for at least the first 6 metres with a gradient of 2.5%.  The design shall provide for a 20mph speed limit.  Consideration shall be given to incorporating the principles of Home Zones within areas of the development in consultation with the Roads Authority.

Reason: In the interests of road safety.

7.

Traffic calming shall be provided on the access roads leading to the site, in consultation with the Community Council and shall be provided within the site together with passing places on the roadside verge adjacent to Riverside Road with full details being submitted with the Reserved Matters application, all to the satisfaction of the Roads Authority.

Reason: In the interests of road safety.

8.

A ‘Safer Routes to School’ plan shall be submitted with the Reserved Matters application, to the satisfaction of the Roads Authority.

Reason: In the interests of road safety.

9.

Prior to the commencement of any works including site preparation on any phase a management report shall be submitted detailing the methods and practices for on site construction including identification of the proposed compound and storage areas  and  the hours of operation which shall be submitted to an approved in writing by the Planning Authority. The access roads leading to the site shall be maintained to the satisfaction of the Roads Authority with the surface being regularly cleared of mud from construction vehicles.

Reason: In the interests of road safety.

10.

The Reserved Matters application shall include a full set of sections through the site showing existing and proposed ground levels relative to a fixed and identifiable level off site, finished floor levels for each house and road levels relative to existing ground levels.  The development shall be undertaken in accordance with these levels unless prior written approval is obtained for any variation.

Reason: In the interests of amenity as the site slopes and information on levels is required to fully assess the proposal.

11.

Operations for which noise is audible at the boundary of any residential property may only be carried out between 0800 hours – 1800 hours Monday to Friday; 0800 hours – 1300 hours on Saturdays; and not at all on Sundays, unless prior written consent is obtained from the Planning Authority.

Reason: In order to reduce the risk of noise nuisance in the interests of residential amenity.

12.

If the development is to proceed in phases, a phasing plan shall be submitted with the Reserved Matters application and the development shall be undertaken in compliance with the approved plan with 80% of any phase being completed before the next phase commences.  The access road and footpaths within each phase shall be completed to at least basecourse standards and street lighting shall be operational, to the satisfaction of the Planning Authority in consultation with the Roads Authority before the first house is occupied unless alternative arrangements have been formally agreed, in writing.

Reason: In the interests of road traffic and pedestrian safety.

13.

If the site is to be developed in phases or any section of the site is to be developed as individual plots a detailed design brief shall be submitted for the written approval of the Planning Authority to agree the parameters for the development of the site before any development commences.

Reason: In the interests of amenity.

14.

The Reserved Matters application shall include a children’s play area equipped with three pieces of approved toddlers’ play equipment, two pieces of approved play equipment for primary school children, a seat and footpath links all to a standard suitable for adoption by the Council.  A maintenance agreement shall be entered into with the Council for the play area and any footpath links unless suitable alternative private maintenance arrangements, in perpetuity, to the satisfaction of the Council are agreed in writing. Alternatively, a developer contribution of an agreed sum shall be made to upgrade the existing council play area adjacent to Windsor Place before any development commences on site.

Reason: In the interests of amenity.

15.

A landscaping shall be submitted with the Reserved Matters application illustrating proposed soft and hard landscaping and all approved landscaping works shall be undertaken in the first planting season in conjunction with any phasing plan which may be approved. Prior to any development commencing on site a maintenance agreement shall be entered into with the Council for all communal open spaces and their links unless suitable alternative private maintenance arrangements, in perpetuity, to the satisfaction of the Council are agreed in writing.

Reason: In the interests of amenity.

16.

A secure fence shall be provided along the north west boundary of the site adjacent to the ditch and an access shall be provided or the existing access maintained to allow for the ditch to be adequately maintained with full details being submitted with the Reserved Matters application.

Reason: In the interests of public safety and to reduce the risk of flooding.

17.

None of the existing trees on site shall be topped, lopped or felled without the prior written approval of the Planning Authority.  Any trees proposed for removal to accommodate the development shall be clearly illustrated on the Reserved Matters application and clearly marked on site. All trees to be retained shall be securely fenced and protected prior to the commencements of any works on site to the satisfaction of the Planning Authority.

Reason: In the interests of amenity.

18.

A sustainable design statement shall be submitted with the Reserved Matters application to comply with the Council’s Sustainable Design policy to the satisfaction of the Planning Authority and the development shall thereafter be undertaken in accordance with the terms of the statement.

Reason: To ensure that the development achieve a high standard of sustainability in accordance with the developers stated intention and to justify the increased density.

19.

Prior to the occupation of any part of the development, the Developer shall lodge with the Council a financial contribution towards the provision of community facilities within Conon Bridge.  This contribution shall be agreed with the Planning Authority before any development commences 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 Conon Bridge provides adequate contribution to the provision of community facilities required as a result as such new development in compliance with policy 13, section 10 of the Ross and Cromarty East Local Plan.

20.

Prior to the commencement of development, the developer shall lodge with the Planning Authority a valid Bond of Caution, for such sum, in such terms and by such guarantor as shall have been approved by the Planning Authority, guaranteeing performance of (a) the obligations to construct, equip and maintain the play area as stipulated in condition hereof; (b) the obligation to construct and maintain footpath links, stipulated ion conditions 14 and 15:; (c) the obligations to maintain the landscaping required under condition 15 hereof.

Reason: In order to ensure that the play area, footpaths and landscaping areas are provided and maintained timeously.