Committee Members Present

Mr Billy Barclay

Mr Donald Cameron

Mrs Isabelle Campbell

Mr William Clark

Dr Michael Foxley (via video conference)

Mr Eddie Hunter

Mr Hamish Fraser

Mrs Isobel McCallum

Mr Ian Renwick

Mrs Audrey Sinclair (with the exception of items 6.4, 6.5 and 6.6)

Non-Members also present:

Mr Brian Murphy (via video conference)

Mr Bren Gormley

Mr Allan Henderson

Item 6.4

Item 6.4

Items 6.4 and 6.5

Officials in attendance:

Mr Dafydd Jones, Area Planning and Building Standards Manager

Mr Alaisdair Mackenzie, Area Solicitor

Mrs Julie Ferguson, Team Leader

Mr Vic Hawthorne, Team Leader

Mr Colin Wishart, Senior Planner

Mr Gordon MacDonald, Principal Technician, TECS

Mr Steven Grant, Principal Technician, TECS 

Applicant

Location

Nature of Development

3.1

Mr Iain MacGregor

(Application Reference No 05/00882/OUTRC)

Land to South East of Ardival Farm, Strathpeffer

Erection of House (Outline)

The Committee noted that an appeal against refusal of planning permission had been allowed by the Reporter.

3.2

Mr Farquhar MacLennan

(Application Reference No 06/00503/FULSL)

Croft 2, West Suishnish, Isle of Raasay

Erection of House

3.3

Mr G Knox

(Application Reference No 07/00008/FULLO)

Land at Blar A, Chaorainn, Lundavra, Fort William

Erection of Tearoom, 3 Holiday Units, Bunkhouse, Staff House, Toilets and Parking

3.4

Mr Michael Moir and Mrs Katie MacLean

Land at 7 Balvaird, Muir of Ord

Erection of House and Garage (Outline)

3.5

Ann Rodger

(Application Reference No 07/00150/OUTSL)

Land at 2 Carbost, Skeabost Bridge

Erection of House (Outline)

3.6

George & Laura Ingall

(Application Reference No 07/000165/FULSL)

Land at 1 and 2 Carigleadh,

By Portree

Erection of House

Applicant

Location

Nature of Development

3.7

Pencon Productions Ltd

(Application Reference No 07/00340/FULRC)

Former Filling Station Site,

High Street,

Avoch

Erection of Café (Detail) (Resubmission)

1.

the Area Planning and Building Standards Manager notify relevant local members of the Committee of forthcoming appeal site inspections;

2.

where an appeal has been determined by written submissions the Area Planning and Building Standards Manager e-mail the Reporter’s decision to all Committee members.

1.

the List of Delegated Decisions on Planning Applications available on the Members’ Bulletin and via The Highland Council website; and

2.

that the newly agreed procedure for notifying members of decisions which it was proposed be refused under delegated powers in order that their views on whether an application should be referred to Committee had not been used to date as there had been no such proposals but that it would be used.

Applicant

Location

Nature of Development

5.1

Scottish Canoe Association (Application Reference No 06/00209/FULLO)

Site in River Leven, Riverside Road, Kinlochleven

Improvements to Canoe Facilities, Formation of Wall Within the River Leven

1.

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

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

2.

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

Reason: For clarification of the development hereby approved.

Applicant

Location

Nature of Development

6.1

Mr A Gordon

(Application Reference No 07/00347/OUTSL)

Land to East of 9A Kildonan,

Edinbane,

Isle of Skye

Erection of House (Outline)

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.

1.      Any details pursuant to Condition 1 above should show a house of traditional/blackhouse/longhouse design in form and finish and which shall incorporate the following, unless otherwise agreed in writing with the Planning Authority:

·        The building shall be rectangular in shape and gabled with a footprint not exceeding 12 x 5.5 metres, with traditional chimney detailing.

·        The building shall be single storey.

·        The roof shall be symmetrically pitched at least 37 degrees and finished either in natural slate, thatch or an evode roof finish.

·        On-site parking and turning will be provided within the site for two cars.

·        The building shows a traditional pattern of fenestration and door openings.

Any details pursuant to Condition 1 above shall show full details of existing and proposed site levels.  Such details shall include cross-sectional drawings through the site to show existing ground levels and finished floor levels.

Reason:  In the interests of visual and residential amenity.

3.

Any details pursuant to Condition 1 above shall show full details of all boundary treatments including plans indicating the positions, design, materials and type of boundary treatments to be erected.  Prior to the first occupation of the house hereby approved the boundary treatments shall be erected in accordance with the approved details unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity.

4.

Any details pursuant to Condition 1 above shall show full details of surface and foul water drainage, including accurate plans of the proposed raised soakaway.  The drainage system shall be installed in accordance with the approved details unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of prevention of pollution and visual amenity.

5.

Notwithstanding the provisions of Classes 1, 2 & 3 of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, or any Order revoking and re-enacting that Order, with or without modification, the express approval of the Planning Authority for all extensions and enlargement of the building, alterations to the roof, the erection within the curtilage of outbuildings or ancillary structures or enclosures.

Reason:  In order to allow the Planning Authority to retain effective control over the development of the site and in the interests of amenity.

6.

Prior to the commencement of development, details of improvements to the access, including the provision of two additional places and adequate stone resurfacing shall be submitted to and approved in writing by the Planning Authority.

Reason:  In the interests of road safety and the convenience of users of the private access track.

Should a Section 75 Agreement not be concluded within 4 months of the date of this committee meeting, it is recommended that planning permission be refused for the following reason:

A house at this location would not be reflective of the widely dispersed settlement pattern that is characteristic of the locality.  Without the conclusion of a Section 75 Agreement to secure the building’s use as a holiday let and binding it to No 9B Kildonan, a house at this location would not be reflective of the existing widely dispersed settlement pattern that is characteristic of the locality.  The application would therefore fail to accord with the Highland Council’s policies for Housing in the Countryside.

Note to Applicant

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.

Applicant

Location

Nature of Development

6.2

Mr and Mrs Dalley

(Application Reference No 07/00417/OUTLO)

Old Pines Hotel,

Spean Bridge

Erection of Three Chalets

1.

Standard outline.

2.

The chalets hereby approved shall be used as holiday accommodation, operated by the owners/operators of the adjacent hotel known as The Old Pines, Spean Bridge and shall not be occupied by any one family, individual or group for more than three months in any one calendar year unless otherwise first agreed in writing by the Planning Authority. For the avoidance of doubt the chalets shall not be used as a permanent dwellinghouses.

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

3.

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

Reason: In order to provide an effective means of monitoring the occupation of the approved holiday chalets.

4.

Any details pursuant to Condition 1 above shall show full details of the methods to be used to engineer the access over the watercourse. These details shall show a bridging structure unless otherwise agreed with the Planning Authority in consultation with the Scottish Environment Protection Agency. Thereafter the works shall be fully undertaken in accordance with the approved details.

Reason: In the interests of environmental protection and to protect against localised flooding.

5.

Any details pursuant to Condition 1 above shall show full details of a landscaping scheme along the northern and eastern boundary of the site. Such details shall include mixed native planting and shall exclude the extension of the existing bund as shown on the approved site plan. The landscaping scheme shall show full details of the location, age and species of each individual tree and a schedule of implementation and maintenance. Thereafter the works shall be fully implemented in accordance with the approved details.

Reason: In the interests of visual amenity.

6.

Any details pursuant to Condition 1 above shall show full details of the route and construction of the access track serving the approved chalets. Such details shall be designed in consultation with Scottish Natural Heritage and shall minimise the effect on the important mound features designated by the Parallel Roads of Lochaber Site of Special Scientific Interest. Thereafter the access track shall be fully formed in accordance with the approved details prior to the first occupation of the first chalet.

Reason: In order to protect the important features of the Parallel Roads of Lochaber Site of Special Scientific Interest.

7.

Any details pursuant to Condition 1 above shall show full details of the design and finish of the approved chalets. Such details shall include the chalets restricted to single storey in height and shall be finished in a dark recessive colour.

Reason: In the interests of visual amenity.

8.

Any details pursuant to Condition 1 above shall show full details of the foul drainage arrangements to serve the approved chalets. Such details shall show a communal biological treatment plant discharging to a mound soakaway, unless otherwise agreed by the Planning Authority in consultation with the Scottish Environment Protection Agency.

Reason: In the interests of public health and environment protection.

Applicant

Location

Nature of Development

6.3

Mr and Mrs Steve Watson

(Application Reference No 07/00447/FULSL)

Land at 76 Aird Bernisdale, Skeabost Bridge

Erection of House

1.

Prior to the commencement of any development a fully detailed landscaping scheme shall be submitted which will specify the scheme of maintenance and shall require the prior written approval of the planning authority.  All planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall be maintained thereafter in accordance with the approved details.  Any plants which, within a period of five years from the completion of development die, are removed, or become seriously damaged or diseased, shall be replaced with a similar size and species within the first planting or seeding season following thereafter.

Reason:  In the interests of visual amenity and to help integrate the proposal into the surrounding landscape.

2.

Prior to the commencement of any development the access from the public road shall be fully 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 the initial occupation of the house hereby approved.

Reason: In the interests of road safety.

3.

Prior to the commencement of any development, details of improvements to the access, including sections along and across it, positive drainage arrangements, the provision of a 300mm diameter road side ditch culvert and headwalls, the provision of an adequate turning and parking area for delivery and construction vehicles shall be submitted to and approved in writing by the Planning Authority.  Thereafter and prior to the occupation of the development, the access shall be constructed in accordance with the attached roads schedule.

Reason: In the interests of road safety.

Note to Applicant

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.

The applicants’ attention is drawn to the comments contained within the TECS (Roads) Consultation response dated 21/11/2007, a copy of which is attached.

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.

Applicant

Location

Nature of Development

6.4

Scottish Water (Application Reference No 07/00480/FULLO)

Land at North Ballachulish Waste Water Treatment Works

Re-profiling of land and installation of 6 septic tanks and associated development

1.

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 approved in writing by 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 archaeological interest of the site.

2.

Prior to the first operation of the extended Waste Water Treatment Works hereby approved the re-profiled land, walkways, the bunds and the land over the underground tanks shall be grassed over, as shown on approved drawing no. 5000062366-WW-DRA-04002220-03 and thereafter be maintained as grass in perpetuity.

Reason: In the interests of visual amenity in order to minimise the impact on the National Scenic Area and the nearby Scheduled Ancient Monument.

3.

Prior to the commencement of any works on site a landscaping scheme shall be submitted to and approved in writing by the Planning Authority. Such details shall show native planting around the perimeter of the site and shall include the location, age and species of each individual tree, together with a schedule of implementation and maintenance. Thereafter the site landscaping shall be fully undertaken and maintained in accordance with the approved details.

Reason: In the interests of visual amenity in order further integrate the proposal into its landscape setting.

4.

The lids of the septic tanks hereby approved shall be finished in a dark recessive green colour unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity in order to minimise the impact on the National Scenic Area and the nearby Scheduled Ancient Monument.

5.

Prior to the commencement of any works on site an odour management plan shall be submitted to and approved in writing by the Planning Authority in consultation with the Council’s Environmental Health Officer. Thereafter the Waste Water Treatment Works shall be operated in accordance with the approved plan.

Reason: In the interests of amenity.

1.

to defer consideration of the application to a Site Hearing to be held after the next meeting of the Committee on 4^th March 2008 at a time to be determined; and

2.

to invite the Applicant to submit details of their alternative sites 2, 3 and 4; and

3.

to invite SEPA and Historic Scotland  to attend.

Applicant

Location

Nature of Development

6.5

Community Schools (Highland) Ltd (Application Reference No 07/00528/FULLO)

Spean Bridge Primary School, Spean Bridge

Extension to School

1.

Prior to the commencement of any works on site a Travel Plan shall be submitted to and approved in writing by the Planning Authority in consultation with the Area Roads Manager. Thereafter the approved travel arrangements shall be fully implemented and retained in perpetuity unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of road and pedestrian safety and to reduce individual car journeys, in accordance with Scottish Planning Policy 17.

2.

Prior to the commencement of any works on site full details of the site/contractors compound within the grounds of Spean Bridge School shall be submitted to and approved in writing by the Planning Authority. Thereafter the site shall be operated in accordance with the approved details unless otherwise first agreed in writing by the Planning Authority.

Reason:  In the interests of public safety and visual amenity.

For the Motion

For the Amendment

Mr Billy Barclay

Mrs Isabelle Campbell

Mr Donald Cameron

Mr David Chisholm

Mr Bill Clark

Mrs Isobel McCallum

Mr Michael Foxley

Mr Ian Renwick

Mr Hamish Fraser

Mr Edward Hunter

Mr Allan Henderson

Applicant

Location

Nature of Development

6.6

Rev Theresa Love-Lee and Mr David Easson

(Application Reference No 07/00569/FULLO)

Land to South of Torr an Eas, Glenfinnan

Erection of House

1.

The proposed development demonstrates poor design by virtue of the roof pitch, roof finish and wall finish, out of keeping with the character of established development adjacent to the site, contrary to the provisions of Scottish Planning Policies SPP1 The Planning System, SPP3 Planning for Housing, Planning Advice Notes PAN67 Housing Quality and PAN72 Housing in the Countryside.

2.

The proposed development demonstrates poor design by virtue of the roof pitch, roof finish and wall finish, out of keeping with the character of established development adjacent to the site, contrary to the provisions of Highland Structure Plan March 2001 policies G2 and H3.

3.

The proposed development demonstrates poor design by virtue of the roof pitch, roof finish and wall finish, out of keeping with the character of established development adjacent to the site, contrary to the provisions of Lochaber Local Plan February 1999 policies 3.2.6 and 7.7.5.

4.

The development if approved, would undermine adopted planning policy and establish a precedent whereby poorly designed housing that gives no regard to its proposed setting would become difficult to resist, to the detriment of character of established settlements.

5.

Insufficient material considerations have been identified to justify a departure from adopted policy or to counteract the precedent the development would establish.

Applicant

Location

Nature of Development

6.7

Mr Angus MacLean (Application Reference No 07/00777/FULRC)

Land to East of Balloan Road and South of Ord Road, Marybank

Formation of Twenty Seven House Plots, Associated Landscaping, Services and Roads (Detail) (Resubmission)

1.

All surface water drainage shall comply with the principles of Sustainable Urban Drainage Systems and shall incorporate measures to intercept surface and ground water drainage run off from outwith the site.  No work shall commence on site until a Drainage/Flood Prevention Strategy has been agreed in writing following discussions with the Roads Authority and the approved scheme shall be implemented to the full satisfaction of the Planning Authority, in consultation with the Roads Authority and SEPA, prior to any other work commencing on site.

Reason: To reduce the risk of flooding and improve water quality.

2.

No work shall commence on site until the applicant has demonstrated evidence of a formal agreement with Scottish Water to service the development in respect of foul drainage, to the written satisfaction of the Planning Authority.

Reason:  To ensure that the site is adequately drained, in the interests of public health.

3.

All existing water mains/connections and surface/ground water drains located within the site shall be diverted to the satisfaction of Scottish Water and the Roads Authority.

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

4.

Before any development commences on site a road construction consent and road bond shall be required. Visibility splays of 4.5 meters x 90 metres shall be provided onto the A832 and the internal access road shall be provided to the Guideline Standards of the Roads Authority, incorporating full sized turning areas.   The internal access roads shall be 5.5m wide and kerbed and two parking spaces shall be provided per property with all driveways being hard surfaced for at least the first 6 metres from the edge of the road.  Footpaths shall be provided either side of the main internal access road up to the A832 with suitable dropped kerb crossing points across the junction.  No surface or ground water shall be permitted to enter the public road from the site.  The detail of a banjo type turning head/roundabout with accesses and indeed a through road in the vicinity of plots 20,21,22, & 257 is not acceptable and a redesign of this detail is required to the satisfaction of the Roads Authority.

Reason:  In the interests of road safety.

5.

During construction, the developer shall provide measures to prevent mud and debris being taken out onto the public road or provide suitable arrangements for sweeping the public road on a regular basis to the satisfaction of the Roads Authority.

Reason:  In the interests of road safety.

6.

Traffic calming shall be provided on the A832 on the approach into the village, comprising countdown signs and rumble strips, to a specification to be agreed in writing with the Roads Authority, at the developer’s expense before the first house is occupied.

Reason: In the interests of road traffic safety.

7.

The development shall be undertaken in accordance with the phasing plan hereby approved.  Any variation of the phasing shall require the prior written approval of the Planning Authority.  No house shall be occupied within either phase until such time as the roadways and footpaths are completed to base course level and street lighting is installed and operational.

Reason: To ensure the proper development of the site.

8.

Seven houses shall be provided as affordable units (3 in phase 1 and 4 in phase 2). 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 the affordable residential units within Communities Scotland benchmark costs and built to Communities Scotland Housing for Variable Needs standards.  The detailed nature of the affordable housing provision must be agreed with the Planning Authority in consultation with Housing Services prior to development commencing on any phase.

Reason: In the interests of securing compliance with the Council’s Affordable Housing policy as contained in the Development Plan.

9.

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.

10.

A further application shall be submitted to the local Planning Authority for the siting and design of the  house on each site, together with the requisite detailed plans to include:

a)      Plans, sections and elevations of the proposed building, and colour and type of materials to be used externally on walls and roof;

b)      Detailed layout of the site as a whole, site levels existing and proposed, including provision for car parking, details of accesses and details of all fences, walls and hedges;

c)      Landscaping proposals including proposed tree and shrub planting to be carried out.

d)      Cross sections through the site showing existing and proposed ground levels, relating to fixed and identifiable ground levels outwith the site, including the public road.  The houses shall be set down within the site to reduce their prominence at a level consistent with providing satisfactory access gradients.  Finished floor levels shall be specified for each house relative to existing ground levels outwith and adjacent to the plot

These are Reserved Matters to this application and no work on any individual site shall commence until the written approval of the Highland Council, as Planning Authority has been given.

Reason: No such details have been provided for the proposed houses.

11.

The proposed houses shall be single storey only adjacent to existing houses or one and a half storeys in height, complimenting the design and materials of the traditional houses in the area, including dark grey roofs.  They shall be designed and laid out to conserve the privacy of existing properties as far as possible.

Reason:  In the interests of amenity.

12.

Prior to commencement of development, a detailed landscaping plan shall be submitted for approval specifying the quantity, position, size, species and protection measures (tree shelters, stakes and ties) of all trees/shrubs to be planted together with an indication of how they integrate with the proposal in the long term.  A maintenance programme must be submitted for approval specifying weed control; adjustment/replacement of shelters, stakes and ties; formative pruning; replacement of failures and maintenance in perpetuity to the satisfaction of the Planning Authority.  Peripheral planting shall be carried out either prior to commencement of development or during the first year from commencement with all internal landscaping being completed in the first year following completion of the last house in each phase.  All trees are to be retained and any which die, are removed or become diseased within the first five years are to be replaced with trees of a similar size and species within the next planting season (unless otherwise agreed by the Planning Authority).

Reason: In the interests of amenity.

13.

A building reservation not encroaching onto the root protection area of the trees (protected by a TPO) to the east of the detention basin whilst no development shall take place within the falling distance of the mature sitka spruce located to the west of the site unless permission is obtained to remove these trees, both distances shall be established by survey and approved in writing by the Planning Authority.  Herras fencing shall be erected around these exclusion areas and inspected and confirmed as satisfactory in writing by the Forestry Officer before any other work commences on site.

Reason: In the interests of amenity.

14.

The Design Brief shall be amended in discussion with the Planning Service and approved in writing and thereafter all development shall comply with the terms of the Development Brief.

Reason:  In the interests of amenity.

15.

The layout shall be amended to provide separation distances of at least 18 metres between the existing and the proposed houses on plots 18, 19, 20, 21, 22, 23 & 24, and a set back distance of at least 10 metres from these houses to the rear garden boundaries.

Reason: In the interests of amenity.

16.

Notwithstanding the terms of classes 1 & 3 of Schedule 1 of the Town & Country Planning (Scotland) (General Permitted Development Order) 1992, and any orders revoking or re-enacting the order, planning permission will be required for the erection of any extension or outbuildings within plots 18, 19, 20, 21, 22, 23 & 24.