Agenda

Committee Members Present

Mr Billy Barclay

Mr Peter Cairns

Mr Donald Cameron

Mr David Chisholm

Mr William Clark

Mr Eddie Hunter

Mr Michael Foxley

Mr Hamish Fraser

Mrs Isobel McCallum

Mr Ian Renwick

Mrs Audrey Sinclair

Non-Members also present:

Mr Alan Henderson (Item 5.2)

Officials in attendance:

Mr Dafydd Jones, Area Planning and Building Standards Manager

Mr Jim Tolmie, Area Roads and Community Works Manager

Ms Susan Poole, Principal Planner

Ms Susan Blease, Solicitor/Clerk

Ms Julie Traynor, Administrative Assistant

Applicant

Location

Nature of Development

3.1

Mr & Mrs R Morgan

(Application

Reference No. 05/00550/OUTLO)

Land to South West of Heron Bay,

Fort William

Erection of 3 Houses and Restoration of Derelict Cottage for Holiday and Residential Letting

The Committee noted that an appeal against one of the conditions was lodged with the Scottish Executive on the 18^th October 2007. The condition related to the provision of 180 metre visibility splays at the junction, as recommended by Transport Scotland.

3.2

Foster Yeoman

(Application

Reference No. 06/00341/FULLO)

Kingairloch House,

Kingairloch,

Ardgour,

Fort William.

Proposed Swimming Pool within Walled Garden

The Committee noted that the Reporter had allowed the appeal and granted planning permission subject to two conditions requiring full details of the drainage and full details of the roof covering to be submitted to and approved by the Planning Authority.

The Committee further agreed to request that the Director of Planning consider outsourcing the work of preparing defences to appeals against refusal of planning permission where the decision to refuse was taken against the recommendation of the Area Planning and Building Control Manager.

3.3

Mr Ian Ruari Finlayson

(Application

Reference No. 07/00142/OUTSL)

Land to South East of 2 Erbusaig, Kyle of Lochalsh

Erection of House

(Outline)

The Committee noted that the appeal had been upheld by the Reporter and outline planning permission granted subject to conditions.

Applicant

Location

Nature of Development

5.1

Mr & Mrs Bailey

(Application

Reference No. 07/00355/FULSL)

Plot 2, ¾ of 2 Calligarry, Ardvasar, Sleat

Erection of House

1.

Prior to the commencement of any works on site additional plans and drawings shall be submitted that include full details of improvements to the proposed access to the site. Such details shall incorporate improvements to the access geometry, the provision of visibility splays of 75 metres by 2.5 metres at the junction of the unadopted road with the public road as shown on DWG No 276/4 dated 03/08/2007, localised widening to provide a road width of 5.5 metres for the first 10.5 metres of the improved access.

Reason:  In the interests of road safety.

2.

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 approval by the Planning Authority. Such levels shall relate to a fixed datum point that is located outwith the operational site area.

Reason: In the interests of visual amenity.

3.

Prior to the commencement of any works on site full details of the proposed drainage arrangements shall be submitted to and approved by the Planning Authority in consultation with Building Standards and/or SEPA.  The scheme as may be approved shall fully detail the size, capacity and location and means of discharge of the proposed drainage arrangements proposed and satisfactory percolation tests.  The scheme as may be approved shall be fully implemented to the satisfaction of the Planning Authority in consultation with Building Standards or SEPA prior to the first occupation of the dwelling house hereby approved.

Reason: In the interests of the prevention of pollution.

4.

Prior to commencement of building operations the improvements to the unadopted road including rock removal, clearance of visibility, localised road widening shall be carried in accordance with the approved details.

Reason:  In the interests of road safety.

And Further Recommending:

That should a Section 75 agreement not be concluded within six months of the date of the committee meeting that planning permission be refused for the following reason:

A visibility splay of 2.5m x 75 metres is required to both the north and south of the private access’s junction with the public road. However, this can only be achieved through the clearing and continued maintenance of land outwith the applicant’s control. Without the conclusion of a Section 75 Agreement, there is no legally-binding guarantee that the provision of a visibility splay to the north, required for the safety and free-flow of traffic on the public road, can be achieved. The application therefore fails to meet the Council’s Road Guidelines for New Developments and approval would be contrary to road safety.

Applicant

Location

Nature of Development

5.2

Mr Peter Walker

(Application

Reference No. 07/00407/FULLO)

2 Oak Villa, Invergarry

Formation of New Access onto A87

1.

Scottish Government policy and guidance details there is a general presumption against new, direct accesses on to the trunk road network as stated within Scottish Planning Policy 17 ‘Planning for Transport’, paragraphs 22 & 72 and Planning Advice Note 66 Annex A ‘Advice on minor developments affecting trunk roads’ paragraph 9.

2.

The development in isolation would be detrimental to the trunk road interests and would lead to a proliferation of accesses with the A87 trunk road at a location where there is currently an existing access with the A87 trunk road serving the site.

3.

The applicant has failed to demonstrate sufficient control over land outwith his ownership to address existing obstacles to achieving safe visibility from the access proposed, namely adjacent vegetation, vertical trunk road alignment and an electricity sub-station.

4.

The development, which is considered unnecessary as explained in condition 2 above, would impact unacceptably on a mature tree, with localised adverse impacts on visual amenity and the natural environment.

Applicant

Location

Nature of Development

5.3

Mr Alan Thomson

(Application

Reference No. 07/00440/FULLO)

Land to North East of Errald, Strontian

Erection of 2 Houses

The applicant is advised that this current development, being an amendment to the extant permission reference LO-1992-216, is subject to the conditions attached to this original permission.

In particular, permission LO-1992-216 (as amended) allows for only two of the total properties to be used as permanent residences, with the remaining four being restricted to holiday accommodation. As the house subject of planning permission 06/00017/FULLO is being used as a permanent house, this leaves only one of the remaining houses available for permanent residential use.

Applicant

Location

Nature of Development

5.4

Holme Park Developments Ltd

(Application

Reference No.

07/00486/FULLO)

Woodlands,

22 Achintore Road, Fort  William

PH33 6RW

Erection of 18 Two Bedroom Apartments

1.

The new access to the site shall be formed and the existing access closed off before any works commence on site

Reason : to ensure that the use of the existing access is discontinued and the safety of traffic on the trunk road is improved.

2.

The gradient of the access road shall not exceed 1 in 40 metres for a distance of 10 metres from the nearside edge of the trunk road carriageway, and the first 10 metres shall be surfaced in a bituminous surface and measures shall be adopted to ensure that all drainage from the site does not discharge onto the trunk road.

Reason : To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished

3.

The proposed access shall join the trunk road at a new junction which shall be constructed by the applicant to a standard as described in the Department of Transport Advice Note TA 41/95 (Vehicular Access to All-Purpose Trunk Roads)(as amended in Scotland) complying with Layout 3. The junction shall be constructed in accordance with details that shall be submitted to and approved by the Planning Authority after consultation with the Roads Authority before any part of the development is commenced.

Reason : To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished.

4.

The access gate shall be located at least 6 metres from the adjacent trunk road carriageway and the gate shall only be capable of opening away from the road.

Reason : To ensure that accessing vehicles can stand clear of the trunk road carriageway when the gates are being opened or closed.

5.

Prior to the commencement of works on site the visibility splays shall be provided and thereafter maintained in perpetuity on each side of the new access. These splays are the triangles of ground bounded on 2 sides by the first 4.5 metres of the centreline of the access driveway (the set back dimension) and the nearside trunk road carriageway measured 120 metres (the y dimension) in both directions from the intersection of the access with the trunk road. In a vertical plane nothing shall obscure visibility measured from a driver’s eye height of between 1.05 metres and 2.0 metres positioned at the set back dimension to an object height of between 0.26 metres and 1.05 metres anywhere along the y dimension.

Reason : To ensure that drivers of vehicles leaving the site are enabled to see and be seen by vehicles on the trunk road carriageway and join the traffic stream safely.

6.

Prior to the commencement of any works on site full details of the methods for dealing with surface water drainage shall be submitted to and approved in writing by the Planning Authority, in consultation with the Scottish Environment Protection Agency, the Roads Authority and Scottish Water.

Reason : In order to prevent localised flooding and to adequate dispose of surface water from the development.

7.

Prior to the commencement of works on the construction of the flats hereby approved full details of the external colour scheme for the buildings shall be submitted to and approved in writing by the Planning Authority. Such details shall show each block with a different colour scheme, devised from the same colour palette. Thereafter the buildings shall be finished in accordance with the approved details, prior to the first occupation of each building, and maintained in perpetuity unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of visual amenity in order to break up the appearance of these three identical building.

8.

Prior to the commencement of works on the construction of the flats hereby approved full details of the location and design of the proposed bin stores shall be submitted to and approved in writing by the Planning Authority. Thereafter the bin stores shall be erected in accordance with the approved details prior to the first occupation of the flats.

Reason : In the interests of visual amenity.

9.

Prior to the commencement of works on the construction of the flats hereby approved a scheme of hard and soft landscaping for the site shall be submitted to and approved in writing by the Planning Authority. All approved planting and seeding shall be undertaken in the first planting season following the first occupation of the development and shall thereafter be maintained in accordance with the obligations set out in the associated Section 75 Agreement. 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 to help integrate the development into its landscape setting.

10.

Prior to the commencement of construction on each residential block the finished floor level of the building shall be agreed on site with the Planning Authority. The floor level shall be such that the ridge height of three residential blocks hereby approved shall not exceed the ridge height of the house to the north east of the site known as ‘Glenview’, unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of visual amenity in order to help integrate the proposal into it’s townscape setting.

11.

Prior to the commencement of work on site full details of the finalised parking arrangements shall be submitted to and approved in writing by the Planning Authority. Such details shall include a minimum of 36 car parking spaces together with the provision of a large vehicle service bay within the site. Thereafter the car parking and service bay shall be fully formed in accordance with the approved details prior to the first occupation of the flats and retained in perpetuity, unless otherwise first agreed in writing by the Planning Authority.

Reason : In the interests of road safety, to ensure adequate parking provision within the site.

FOOTNOTE TO APPLICANT RELATIVE TO APPLICATION 07/00486/FULLO

The applicant is advised to make early contact with Scottish Water to secure the necessary permissions to connect to the public water supply and the public sewer.

The Area Roads Manager has made the following suggestions which that applicant is asked to consider as part of this proposal.

There is a footway on the seaward side of the A82 and there is a bus draw-in for coaches and buses going in a westerly direction some 200 metres to the east of the site. While there is no bus pull in on this section of the A82 there is a bus stop. It would be beneficial for a bus pull in for east bound passengers to be formed on the applicant’s ground on the shore-side of the road.

The applicant’s attention is drawn to the contents of the “View from the Road Project”. It would be beneficial for some environmental/enhancement works to be undertaken on the land between the A82 and the shore.

Applicant

Location

Nature of Development

5.5

Annabelle C Smith

(Application

Reference No. 07/00492/OUTLO)

Land 60 m South West of Lag-Na-Loin, Ormsaigbeg, Kilchoan

Erection of House

1.

Standard outline condition and reason.

2.

In addressing the terms of condition 1, above, the house shall be designed within the following parameters:

• The house shall be not more than 1¾ storeys in scale
• External building span (excluding any projections which may be approved) shall not exceed 6.5 metres
• Roof pitch to be between 40 and 45°
• Roof finish to be dark grey natural slate
• External walls shall be finished in white painted wet dash roughcast or smooth masonry render
• If chimneys are incorporated, they shall be set squarely on the main building ridge
• Window openings shall have a vertical emphasis

The house shall be set parallel with the public road where it runs past the eastern site boundary.

Reason : To ensure suitable integration with the landscape setting of the site.

3.

In addressing the terms of condition 1, above, a minimum of two site cross-sections running east west through the site, showing the public road level, existing ground levels, proposed ground levels and the proposed ground floor level all relative to a fixed datum point, shall be submitted to and approved in writing by the Planning Authority as Reserved Matters.  Thereafter, the development shall be completed in strict accordance with such details as are approved.

Reason : To ensure suitable integration with the landscape setting of the site.

4.

Prior to the commencement of development the site access shall be formed in accordance with the attached Roads Schedule dated 21^st November 2007, with the exception of the final bituminous surfacing which must be completed prior to the initial occupation of the house hereby approved in outline.  Clear visibility splays, of a minimum of 60 metres in both directions from a point 2.4 metres back from the edge of the public road, measured along the centreline of the access, shall be provided prior to the commencement of development and shall thereafter be maintained clear of all obstructions over one metre in height in perpetuity.  For the avoidance of doubt, to achieve the visibility splays the access point shall be sited north-east of the apex of the bend in the public road.

Reason : In the interests of road safety.

5.

Prior to the commencement of development, full details of the proposed foul drainage system, including the location, capacity and detailed outfall arrangements for the septic tank, shall be submitted to and agreed in writing by the Planning Authority.  Thereafter, the development shall be completed in strict accordance with such details as are approved, prior to the initial occupation of the house hereby approved.

Reason : To ensure that foul drainage arising from the development is safely and hygienically disposed of.

6.

Notwithstanding the provisions of Class 7 (means of enclosure) of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, no walls, fences or other means of enclosure may be formed at the site to a height exceeding 1.2m above ground level without the prior written consent of the Planning Authority.

Reason : In the interests of visual amenity and to protect the open character of the site which could otherwise be jeopardised.

NOTES TO APPLICANT relative to application 07/00492/OUTLO

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.

NB1 – The applicant should note the regulatory advice sent to them by the Scottish Environment Protection Agency and the need to apply for authorisation for the foul drainage arrangements under the Controlled Activities Regulations.

NB2 – The applicant is advised to contact Scottish Water to obtain their permission to connect to the public water supply. Scottish Water has initially advised that there is sufficient capacity within the Kilchoan Water Treatment Works to serve the proposed development.

Applicant

Location

Nature of Development

5.6

Mr S McDonagh & Ms A Grove

(Application

Reference No. 07/00557/FULRC)

9 Croft, Poolewe, Achnasheen

Erection of House and Replacement Agricultural Building (Detail)

1.

The design of the proposed house is considered inappropriate in terms of its mass and scale by way of wall head to roof height ratio and width of gables in this rural setting.  The proposed development is therefore considered to be out of keeping within this setting and accordingly detrimental to the amenity of the area. It is considered that the development is therefore contrary to PAN 72 National Guidance, Policies G2 and H3 of the approved Structure Plan and the related objectives in the adopted Local Plan Policy 4 and the Development Plan Policy Guidelines, that seek to ensure high quality good design.

2.

Approval of this development would set an undesirable precedent leading to further pressure in the future to approve other houses which fail to relate well to the setting and locality to the overall detriment of the amenity of the area.

Applicant

Location

Nature of Development

5.7

Mr & Mrs MacRae

(Application

Reference No. 07/00832/FULRC)

Land to North of Tulach-Ard, Tore, Muir of Ord

Erection of Chalet

1.

The proposal fails to accord with Highland Structure Plan Policy G2 which requires all development to demonstrate “sensitive siting and high quality design in-keeping with local character…”. It also fails to accord with Ross & Cromarty East Local Plan Policy GSP1 which requires proposals to “…demonstrate they represent good design…” The style of chalet proposed is considered incongruous with, and insensitive to, the design and character of existing development within Tore. Thus, it fails to meet the requirements of this policy.

2.

The proposal fails to accord with Settlement Policy H: Housing of the adopted Ross & Cromarty East Local Plan which states the Council will “safeguard the function and character of established residential areas and will encourage appropriate development”. The introduction of a Swiss/Scandinavian-style chalet into an area characterised principally by traditionally proportioned houses would be incongruous with, and undermine the character of, existing development in Tore.

3.

Development Plan Policy Guidance: Designing for Sustainability in the Highland highlights the importance of new developments “…respecting the character of existing villages, town and townscapes and well as their historical and cultural context.” Given the inappropriate design of the chalet when compared with traditionally-proportioned adjacent housing, the application fails to meet the requirements of this policy.

4.

The proposal fails to meet with the terms of Local Plan Policy GSP2 – Waste Water Treatment which supports single septic tanks/soak-aways within existing settlements when a connection cannot be made to the public network only where proposals are “not likely to result in or add to significant environmental or health problems.”  Given SEPA’s objection to the application on environmental impact ground, the terms of this policy cannot be met.

5.

The proposal fails to accord with the terms of Planning Advice Note 79 – Water & Drainage which requires proposals not to have an adverse impact on water quality, public health or the environment…”. Given the environmental concerns raised by SEPA, not such guarantee can be given.

Applicant

Location

Nature of Development

6.1

Moray Facilities Ltd

(Application

Reference No. 07/00812/FULRC)

Land at Findon to North East of Schoolcroft, Culbokie

Formation of Twelve Serviced House Plots and Fifteen Affordable Houses