Committee Members Present

Mr Billy Barclay

Mr Peter Cairns

Mr Donald Cameron

Mrs Isabelle Campbell

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

Ms Linda Munro

Officials In Attendance:

Mr Dafydd Jones, Area Planning and Building Standards Manager

Mr Jim Tolmie, Area Roads and Community Works Manager

Mr Steven Grant, Principal Technician, TEC

Mrs Susan Blease, Solicitor/Clerk

Mrs Alison MacArthur, Acting Administrative Assistant

Applicant

Location

Nature of Development

3.1

Mr Iain MacGregor

(Application Reference No 05/00882/OUTRC)

Land at Ardival Farm,

Strathpeffer

Erection of House

The Committee noted that an appeal following refusal had been dismissed by the Reporter.

Applicant

Location

Nature of Development

5.1

Mr A and Mrs D Kirk

(Application Reference No 07/00561/FULLO)

Land at Plots 7 and 8 Seafield Gardens, Achintore, Fort William

Removal of Condition 3 of Planning Permission 04/00311/FULLO which requires extension of public road and provision of turning head.

5.2

Mrs Sheena Sutherland

(Application Reference No 07/00570/OUTLO)

Land at Plot 6, Seafield Gardens, Achintore, Fort William

Removal of Condition 4 of Outline Planning Permission 05/00427/OUTLO which requires extension of public road and turning head

Applicant

Location

Nature of Development

6.1

Mr John Jennett

(Application Reference No 06/00199/FULLO)

Site to South East of Auchindarroch Road, Duror

Erection of Seven Detached and Four Semi-Detached Houses

1.

Securing the provision of 4 no. affordable houses on plots 1, 2, 3 and 4 as shown on the approved site plan, drawing no. AL(00)001 Rev A, or as otherwise agreed in writing by the Planning Authority

2.

Securing the provision and maintenance in perpetuity of visibility splays at the new junction with the Achindarroch Road of 90 metres in each direction, formed from a point 4.5 metres back from the edge of the public road. No obstructions to driver visibility above a height of 1.05 metres above the level of the adjoining carriageway will be permitted.

1.

No works shall commence on site until the junction with the Achindarroch public road and the A828 Trunk Road has been fully repositioned and the existing junction permanently sealed in accordance with a road improvement scheme designed in consultation with Transport Scotland and agreed in writing by the Planning Authority.

Reason: In the interests of road safety.

2.

No works shall commence on site until the Achindarroch public road has been fully realigned to meet the repositioned junction as required by Condition 1 above in accordance with a road improvement scheme designed in consultation with the Council’s Area Roads Manager and agreed in writing by the Planning Authority.

Reason: In the interests of road safety

3.

No works shall commence on site until an application for a Road Construction Consent for the new access and road has been submitted to and approved in writing by the Council. Such details shall include the provision of a footpath along the Achindarroch public road from the new site access to the junction with the A828, unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of road and pedestrian safety.

4.

No works shall commence on site until a developer contribution of £500 per house has been lodged with the Council for the improvement of the existing play area facility within Duror village.

Reason: In order to ensure play area improvements commensurate with the scale of development.

5.

Prior to the commencement of works on the construction of the houses 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. 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 amenity in order to help integrate the proposal into its landscape setting.

6.

Prior to the commencement of works on the construction of the houses a scheme of boundary fencing/walling shall be submitted to and approved in writing by the Planning Authority. Thereafter, notwithstanding the provisions of Class 8 of the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 as amended, no fences or other means of enclosure shall be erected, other than those agreed, without the prior written permission of the Planning Authority.

Reason: In the interests of amenity in order to help integrate the proposal into its landscape setting and to prevent ad hoc boundary treatments throughout the development which could significantly undermine the layout and appearance of this rural development.

Footnote to Applicant Relative to Application 06/00199/FULLO

1.

The applicant is advised to make early contact with Scottish Water to discuss the proposed connections to the public water supply and the public sewer, and to obtain the necessary permissions.

2.

The applicant is advised to make early contact with Transport Scotland and the Council’s Area Roads Manager to discuss the requirements of Conditions 1, 2 and 3 above.

Applicant

Location

Nature of Development

6.2

Gail Philips and Chris Watkiss (Application Reference No 07/00425/FULSL)

Site Adjacent to Access Track to Greshornish House Hotel, Greshornish, Edinbane

Erection of 4 Self Catering Units, Swimming Pool, Garage, Workshops and House

1.

Prior to the occupation of any part of the development the access to the site shall be formed in accordance with the attached schedule/

Reason: In the interests of road safety.

2.

Prior to the commencement of development details of the external materials, including their colour appearance and texture, shall be submitted to and approved in writing by the Planning Authority.

Reason: In the interests of visual amenity of the locality that is situated within the designated Landscape of Great Value.

3.

Prior to the commencement of development, a fully detailed scheme of hard and soft landscaping for the site, including a scheme of maintenance, shall be submitted to and require the approval in writing of the Planning Authority. The scheme of landscaping shall incorporate the details as contained within a supplementary tree survey for tree retention and tree surgery works for the site area and that land controlled by the applicant and outlined in blue on the approved plans. All planting thereby approved shall be undertaken in the first planting season following occupation of the development and shall thereafter be maintained in accordance with the approved scheme of maintenance.  Any plants which, within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased, shall be replaced in the immediately following planting season with others of a similar size and species

Reason: In the interests of visual amenity of the locality that is situated within the designated Landscape of Great Value. The Survey and Recommendation for Existing Trees as submitted under planning ref 06/00117/FULSL (Copy attached) has been superceded by events on the ground requires to be supplemented.

4.

No development shall take place until details and proposed timetable of all earthworks associated with the development have been submitted to and approved in writing by the Planning Authority. These details  shall include the proposed grading and mounding of land areas  including the levels and contours to be formed, showing the relationship  of proposed mounding  to existing trees, vegetation and surrounding landform. Development shall be carried out in accordance with the approved details

Reason: In the interests of visual amenity of the locality that is situated within the designated Landscape of Great Value.

5.

No equipment, machinery or materials shall be brought shall be brought onto the site for the purposes of the development until details of the proposed type and a plan of the proposed position of fencing for the protection of trees that are to be retained on or adjacent to the site, (in accordance with the details contained within the Survey and Recommendation for Existing Trees ref 06/00117/FULSL) (Copy attached) have been submitted to and approved in writing by the Planning Authority. The fencing shall be implemented in accordance with these details and shall remain in place until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored, disposed of, or placed, nor fires  lit in any area fenced in accordance with this condition and the ground levels  within these areas  shall not be driven over by vehicles, altered , nor any excavation made ( including addition/removal of topsoil/subsoil) without the written consent of the Planning Authority.

Reason: In the interests of visual amenity of the locality that is situated within the designated Landscape of Great Value.

6.

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 house hereby approved, including alterations to the roof the erection within the curtilage of outbuildings or ancillary structures or enclosures.

Reason: In the interests of visual amenity of the locality that is situated within the designated Landscape of Great Value.

7.

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 shall take place until that approval has been given in writing and all such works shall thereafter be implemented in accordance with the approved arrangements.

Reason: To protect the historical and archaeological interest of the site.

8.

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: For the avoidance of pollution.

Applicant

Location

Nature of Development

6.3

Ms R N Main

(Application Reference No 07/00508/FULRC)

Studio, Main Street, Glenelg

Demolition of Existing and Erection of Replacement Studio Building

1.

Unless otherwise conditioned below, the type and colour of materials to be used in the development hereby approved shall be as specified on the approved plans/application form unless the prior written approval of the Planning Authority is obtained for other materials.

Reason: To ensure that the development progresses in accordance with the design hereby approved and is thus sensitive to its surroundings and respects the visual amenity of the area.

2.

Prior to the first use of the studio building hereby approved, on-site parking for a minimum of one vehicle must be provided on site and maintained in perpetuity.

Reason: In the interests of road safety.

3.

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.

4.

Prior to the commencement of development, a photographic record shall be made of the remains of old buildings and/or other features affected by the proposed development, in accordance with the attached specification, and shall thereafter be submitted to the Planning Authority.  No site clearance work shall take place until confirmation in writing has been received from the Planning Authority that the record made has been lodged and is satisfactory.

Reason: To protect the historic interest of the site.

5.

The planning permission hereby approved shall ensure for the benefit of the applicant only, unless otherwise agreed in writing by the Planning Authority. Furthermore, the principal use of the building shall be as an artist’s studio (falling within class 4 of the Town & Country Planning (Use Classes) (Scotland) Order 1997) and it shall not used principally as a shop or any other activity falling outwith this class, without planning permission first being granted on an application made to the Planning Authority.

Reason: In the interests of road safety given the limited parking and access provision available

6.

Notwithstanding the details and plans submitted with the application, full details/plans of the proposed windows shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development. Thereafter, development shall progress in accordance with these approved details/plans.

Reason: In the interests of visual amenity.

7.

Notwithstanding the details and plans submitted with the application, a further plan showing the exact position of the footprint of the replacement studio shall be submitted to, and approved in writing by, the Planning Authority prior to the commencement of development. Thereafter, development shall progress in accordance with these approved details/plans.

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

Note to Applicant:

Please be advised that this planning permission approves only a replacement studio building and does not provide approval for any access arrangements relating to other consents (such as the standing outline consent for the Doctor’s Field – ref. 06/00150/OUTSL). It is the responsibility of the applicant to ensure that suitable visibility and access improvements, as required by other consents, can be achieved if/when required. If through erecting a replacement studio building visibility/upgrades cannot be achieved for the standing outline consent on the Doctor’s Field (thus preventing the approval of reserved matters and the enactment of the outline consent), this is a private matter for the applicant to consider.

5.

The principal use of the building shall be as an artist’s studio (falling within class 4 of the Town & Country Planning (Use Classes) (Scotland) Order 1997) and it shall not be used principally as a shop or for any other activity falling outwith this class, without planning permission first being granted on an application made to the Planning Authority.

Reason: In the interests of road safety given the limited parking and access provision available

Applicant

Location

Nature of Development

6.4

Hideaway Country Holidays

(Application Reference No 07/00605/REMLO)

Land South of Village Hall, Salen

Erection of 2 Houses with Combined Access Road

1.

Unless otherwise first agreed in writing by the Planning Authority, the development shall be completed in strict accordance with “plan 2 of 6 received on 17^th December 2007 and amended plans 3 of 6, 4 of 6, 5 of 6, and 6 of 6 received on 17^th March 2008” attached hereto.

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

2.

That no development shall commence until full details of an adequate foul drainage system, including its treatment and disposal, have been submitted to and approved in writing by the Planning Authority in consultation with SEPA and Building Standards.  In view of the condition of the site, this report should be undertaken by an independent, suitably qualified soil scientist and should include confirmation that the land at the proposed site is satisfactory for the disposal of effluent at all times throughout the year; the land is of sufficient extent to ensure that the effluent will satisfactorily disperse at all times; the land required for effluent disposal and dispersal is available to the applicant; and, any soakaway shall be at least 10 metres from the nearest watercourse and at least 50m from any ground water supply.

Reason: To ensure that the site can be properly serviced.

3.

Prior to the commencement of development, full details of the surface water drainage arrangements, including percolation test results for the proposed ground based soakaway, shall be submitted to and approved in writing by the Planning Authority in consultation with the Buildings Authority.  Thereafter, such details as are approved must be fully installed prior to the first occupation of the house hereby approved.

Reason: To ensure that surface water arising from the development is suitably managed.

4.

That no development shall commence until a report by a Chartered Engineer assessing and analysing the flood risk of the site and containing recommendations to mitigate this risk, both in terms of the land itself and in terms of the proposed built development.  The recommendations contained in this report shall be implemented prior to the commencement of any development.

Reason: To ensure that the site can be satisfactorily drained and will not be subject to flooding

5.

Prior to the commencement of development, the shared site entrance shall be completed in strict accordance with the attached Road Schedule dated 18^th March 2008, with the exception of the bituminous surfacing, which must be completed prior to the initial occupation of either house hereby approved.  The access shall be so maintained thereafter in perpetuity.

Reason: In the interests of road safety.

6.

Prior to the commencement of development, arrangements for an archaeological watching brief to be carried out on site clearance and excavation works, in accordance with the attached specification, shall be submitted to and require the approval in writing of the Planning Authority.  No site clearance or excavation works shall take place until that approval has been given and all such works shall thereafter be implemented in accordance with the approved arrangements.

Reason: To protect the archaeological interest of the site.

7.

Notwithstanding the provisions of Class 1 (alterations and extensions) and Class 3 (outbuildings) of the Town & Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, no extensions or outbuildings may be formed within the site unless otherwise first agreed in writing by the Planning Authority.

Reason: To prevent overdevelopment of the site which could otherwise occur.

8.

That no development shall commence until a scheme of landscaping and planting for the environs of the plots has been submitted to and approved in writing by the Planning Authority.  This planting shall be carried out at the first planting season following the initial occupation of either house hereby approved, any plant failures within the first five years shall be replaced by trees or shrubs of a similar specification to those originally planted.

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

Footnote to Applicant Relative to Application 07/00605/FULLO

NB1 – Whilst not objecting to the planning application, Scottish Water advise that this does not guarantee a connection to their infrastructure, which is dependant upon capacity being available at the time of an application directly to them.  Extremely limited capacity exists within the water network at present and there may be issues within that network.  The applicant should contact Scottish Water directly on tel. 0845 601 8855 to discuss these matters.

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.

1.

By virtue of the building footprints, the proposal represents over-development of the site and is inappropriate within the predominantly low density settlement.

2.

The house designs, in terms of the scale at 1¾ storeys and overall bulky massing, exceeds the limitations imposed on outline consent 04/00279/OUTLO and is considered unacceptable within the context of this site.  If constructed, the houses would detract from their surroundings and integrate poorly with the local character and site setting due to their design and scale, contrary to Lochaber Local Plan policy 5.11.5.

Applicant

Location

Nature of Development

6.5

Mr C Manwaring (Application Reference No 07/00607/OUTLO and 07/00608/OUTLO

Land 250 m North East of Inbhirgarbh, Invergarry

Erection of Two Houses

1.

The proposal is detached from the existing small settlement of Inchlaggan and will extend the settlement in an unsympathetic and uncoordinated ribbon style. The proposals do not reflect the settlement pattern in this area and will result in the loss of important open coastal land. The proposal is considered contrary to Policy G2 of the Highland Structure Plan, Supplementary Development Plan Policy Guidance on Housing in the Countryside and Scottish Planning Policy 15.

2.

The proposed site is located on the loch side of the public road, outwith the existing settlement, where there is a presumption against such loch side development. The proposal is contrary to Policy 3.6.13 and 8.2.37 of the Lochaber Local Plan.

3.

The proposed site will encroach into an open area of land on the loch side of the public road which is important to the landscape character of the Loch Garry area. The proposal is contrary to Policies 3.2.12 and 8.2.13 of the Lochaber Local Plan.

Applicant

Location

Nature of Development

6.6

Mr Finlay MacBeath

(Application Reference No 07/00734/FULRC)

Land to North of Shore House, Ardarroch, Kishorn

Erection of House and Garage (Detail)

1.

Access shall be provided to the Guideline Standards of the Roads Authority and shall incorporate visibility splays of 2.5m x 90m together with a service bay.  These shall be formed before any construction work commences on site and at least the first 5 metres of the access and the service bay shall be surfaced in bitmac before the house is first occupied.  The gradient over the first 5 metres must not exceed 1 in 16.  Parking and turning for at least 2 vehicles within the site shall be provided and maintained at all times.  No surface or ground water shall be permitted to enter or leave the site, from or onto the public road. A hardstanding for wheelie bins shall be provided adjacent to the public road, outwith the visibility splays.  The existing roadside ditch shall be culverted under the access and service bay with a pipe to the satisfaction of TEC Services.

Reason: In the interests of road safety.

2.

No development shall commence on site until such time as the applicant has demonstrated an agreement with Scottish Water to connect to the proposed public waste water treatment system scheduled for installation in the near future.  The house shall be connected to the public waste water treatment system before it is first occupied and any variation shall require the written agreement of the Planning Authority, in consultation with Building Standards and SEPA.

Reason: In the interests of public health.

3.

The proposed development shall be undertaken in accordance with the plans and materials submitted and in particular the finished floor levels for the house and the site re-grading works shall be strictly in accordance with the plans hereby approved, with any variation requiring the prior written approval of the Planning Authority.  The roof shall be finished in a good quality slate substitute tile with a sample being approved in writing by the Planning Authority before the roof finish is applied.

Reason: In the interests of amenity.

4.

Before any work commences on the construction of the garage, full plans and elevations of the proposed garage shall be submitted for the written approval of the Planning Authority.

Reason: To enable the Planning Authority to retain effective control.

5.

The existing birch trees shall be retained on site with any tree felling kept to a minimum to accommodate the proposed garage.  Additional tree and shrub planting shall be undertaken and protected in accordance with the site plan hereby approved, to the satisfaction of the Planning Authority using native species in the first planting season following completion of the house.  Any trees which die, are removed or become seriously diseased within the first three years shall be replaced with trees of a similar size and species.

Reason: In the interests of amenity.

Informative:

Scottish Water advises that the granting of planning permission does not guarantee a connection to their infrastructure and it may be necessary to upgrade the public system to accommodate the developer at the applicant’s expense.  Accordingly you are advised to contact Scottish Water before commencing development.

Applicant

Location

Nature of Development

6.7

Mr Patrick Wells

(Application Reference No 07/01224/FULRC)

Former Nurseries Site, Precincts Road, Fortrose

Erection of Three Houses and Garages (Detail)

1.

The Bishops Road/Canonbury Terrace junction is sub-standard in terms of width. This development, if approved, would increase the use of this junction and therefore be detrimental to the interests of road traffic and pedestrian safety/

2.

Visibility splays of 4.5m x 30m in each direction are required at the Precincts Road/Bishops Road junction; however these cannot be achieved. Without such visibility splays, the safe use of the access, the safety of pedestrians and the safety of users of the A832 cannot be guaranteed.

3.

General Supporting Policy 16: Transport (GSP16) of the Ross & Cromarty East Local Plan requires new development proposals to be assessed in terms of their impact on the local road network and the network’s ability to accommodate any increases in traffic volumes. Given the substandard nature of the Bishops Road/Canonbury Terrace junction and its inability to accommodate additional traffic movements, and the substandard width of Bishops Road with its associated vehicle passing deficiencies and lack of pedestrian facilities, the proposal fails to meet the terms of this policy.

4.

Scottish Planning Policy SPP 17 - Planning for Transport requires that “in areas where policy is to encourage access on foot, town centres being one example, the pedestrian should be given priority over other modes. This should be reinforced through measures to reduce traffic speed, restrict the movement of vehicles and give pedestrians priority over vehicles.” Given there already exists a lack of pedestrian measures along Bishops Road where pedestrians are forced to share a surface with vehicles, increasing the intensity of the road’s use for vehicles without installing improved pedestrian-related infrastructure would be at odds with this national policy.

Applicant

Location

Nature of Development

6.8

Mr H MacDougall

(Application Reference No 08/00003/FULLO)

Land 300 m South East of Oronsay, Back of Keppoch, Arisaig

Erection of House

1.

The proposal fails to reflect the settlement pattern by virtue of the isolated situation and lack of visual relationship to existing development, or demonstrate sensitive siting due to the elevated nature of the site, at variance with local character, contrary to policies G2 and H3 of Highland Structure Plan March 2001.

2.

The proposal fails to demonstrate sensitive siting due to the elevated nature of the site; or that suitable access can be achieved due to poor visibility which cannot be improved within the applicant’s control; contrary to policy 3.2.13(a) & (d) of Lochaber Local Plan February 1999.

3.

The proposal represents sporadic development beyond the recognised edge of adjacent settlements and is contrary to policy 3.6.21 of Lochaber Local Plan February 1999, which seeks to protect the settlement edges from such development to protect their identity and setting, prevent sprawl or coalescence, and safeguard traditional settlement patterns.

4.

The proposal would erode the landscape character of the area and is therefore contrary to policy L4 of Highland Structure Plan March 2001 as it lies within an Area of Great Landscape Value where existing landscape character is to be maintained and enhanced.

5.

The proposal fails to reflect the settlement pattern by virtue of the isolated situation and lack of visual relationship to existing development, or demonstrate sensitive siting due to the elevated nature of the site, at variance with local character, contrary to the aims of Planning Advice Note 72 Housing in the Countryside and Scottish Planning Policy 3 Planning and Housing.

6.

The development, if permitted, would establish an unacceptable precedent for further sporadic and elevated development unrelated to existing settlements or the pattern of nearby settlements which would further erode the distinctive landscape character within the Area of Great Landscape Value.

7.

Insufficient material considerations have been identified to outweigh the proposal’s variance with adopted policy and justify a departure from the Development Plan as identified in the preceding reasons for refusal.

For the Motion

For the Amendment

Mr Peter Cairns

Mr David Chisholm

Mrs Isobel McCallum

Mr Billy Barclay

Mr Donald Cameron

Mrs Isabelle Campbell

Mr Bill Clark

Mr Michael Foxley

Mr Hamish Fraser

Mr Edward Hunter

Mr Ian Renwick

Mrs Audrey Sinclair

Applicant

Location

Nature of Development

7.1

Invisible Heating Systems

Land to South of Ullasport,

West Argyll Street,

Ullapool

Erection of House