Committee Members Present

Mr Billy Barclay

Mr Peter Cairns

Mrs Isabelle Campbell

Mr David Chisholm

Mr William Clark

Mr Eddie Hunter

Mr Michael Foxley (via video

conference link from Lochaber

House, Fort William)

Mr Hamish Fraser

Mrs Isobel McCallum

Mr Ian Renwick

Mrs Audrey Sinclair

Non-Members in attendance having requested and been granted a local member vote:

Mr John Laing (items 6.2 and 6.4)

Officials In Attendance:

Mr Alaisdair Mackenzie Area Solicitor/Clerk

Mr Dafydd Jones, Area Planning and Building Standards Manager

Mr Victor Hawthorne, Planning Team Leader

Mr Jim Tolmie, Area Roads and Community Works Manager

Mr Gordon MacDonald, Principal Technician, TECS

Ms Jan Laing, Ward Manager, Eilean a’Cheo Ward

Applicant

Location

Nature of Development

3.1

Mr Patrick Wells

(Application Reference No 07/01224/FULRC)

Land  at Former Nursery Site,

Precincts Road,

Fortrose

Erection of Three Houses

The Committee agreed to note that as the Applicant had appealed against the non-determination of the application, the Council was barred from issuing a decision which would instead be made by the Scottish Government. 

3.2

Mr Christopher Slater

(Application Reference No 04/09144/OUTRC)

Land to East of Achilty Hotel,

Contin

Erection of House

The Committee agreed to note that an appeal following refusal had been dismissed by the Reporter.

3.3

Mr David MacLeod

(Application Reference No 07/00106/FULRC)

Land to East of Ussie Valley

Farmhouse,

Loch Ussie,

Maryburgh

Erection of House

The Committee agreed to note 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)

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)

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

07/00561/FULLO (Plots 7 and 8):

1.

The requirements of condition 3 of planning permission 04/00311/FULLO are applied in the interests of road safety as commensurate road improvements to allow the development to be accessed safely.  To delete these requirements would result in increased use of a substandard access and inadequate turning head, which generates road safety concerns and is unacceptable.

2.

Insufficient justification has been identified to depart from the requirements of condition 3 of planning permission 04/00311/FULLO, the subject of which has previously been thoroughly examined by the Planning Authority and the Scottish Executive Inquiry Reporters Unit.

3.

The alternative proposed by the applicant, that Council and emergency vehicles turn within the grounds of Sol House, would generate increased vehicle/pedestrian conflict and can not be accepted.

4.

In the absence of commensurate road improvements, the house plots would not be consistent with service provision or be safely accessible, contrary to Highland Structure Plan Policy G2.

07/00570/OUTLO (Plot 6):

1.

The requirements of condition 4 of outline permission 05/00427/OUTLO are applied in the interests of road safety as commensurate road improvements to allow the development to be accessed safely.  To delete these requirements would result in increased use of a substandard access and inadequate turning head, which generates road safety concerns and is unacceptable/.

2.

Insufficient justification has been identified to depart from the requirements of condition 4 of outline permission 05/00427/OUTLO, the subject of which has previously been thoroughly examined by the Planning Authority and the Scottish Executive Inquiry Reporters Unit.

3.

The alternative proposed by the applicant, that Council and emergency vehicles turn within the grounds of Sol House, would generate increased vehicle/pedestrian conflict and cannot be accepted.

4.

In the absence of commensurate road improvements, the house plot would not be consistent with service provision or be safely accessible, contrary to Highland Structure Plan Policy G2.

Following discussion, Mr William Clark, seconded by Dr Michael Foxley moved that the applications be approved for the following reasons:

1

The erection of a turning head would require major engineering works to be undertaken by Mrs Kirk which would place an undue burden on her and result in an undue loss of amenity to the area.

2

The removal of the conditions would not be a major departure from Policy and the guidelines under the Highland Structure plan Policy H7 should be taken into account accordingly.

As an amendment, Mr David Chisholm, seconded by Mr Peter Cairns moved that the recommendation be approved.

Mr Billy Barclay

Mr David Chisholm

Mrs Isabelle Campbell

Mr Peter Cairns

Mr William Clark

Mr Eddie Hunter

Dr Michael Foxley

Mr Hamish Fraser

Mrs Isobel McCallum

Mr Ian Renwick

Mrs Audrey Sinclair

Accordingly the Committee agreed to overturn the recommendations to refuse.

Applicant

Location

Nature of Development

6.1

Heathercroft Motor Engineers

(Application Reference No 07/00057/FULLO/

Four Seasons Garden Centre,

Torlundy,

Fort William

Change of use from Garden Centre to Garage Workshop and Used Car Sales

1.

The premises hereby approved shall be used solely for general vehicle servicing and repairs, with ancillary retail sales of new and used cars. No permission is hereby granted for body shop or panel beating activities, or any other activities within Class 4 or Class 5 of the Town and Country Planning (Use Classes)(Scotland) Order 1997.

Reason: In the interests of residential amenity to prevent excessive noise emanating from the premises.

2.

The hours of operation of the garage workshop shall be limited to the hours of 8am to 6.00pm Monday to Friday, and 8am to 1pm on a Saturday, with no Sunday working, unless in emergencies, and unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of residential amenity to prevent disturbance to the nearby residential properties out with normal working hours.

3.

No activities related to the 24 Hour Vehicle breakdown and recovery service shall take on the site out with the hours of operation set out in Condition 2 above until an appropriate noise impact assessment, together with a noise management plan, has been submitted to and approved by the Planning Authority in consultation with the Council’s Environmental Health Officer. The noise impact assessment should demonstrate that the ‘out of hours’ activities within the curtilage of the property associated with the 24 hour breakdown and recovery operation will not result in an adverse or detrimental impact to any occupant of the nearby noise sensitive properties. The noise impact assessment should be undertaken in accordance with the methodology in BS4142:1997 for quantifying noise impact and draw reference to the standards for annoyance and sleep disturbance as referred to within the World Health Organisation Guidelines for Community Noise.

Thereafter, the out of hours activities associated with the 24 Hour Vehicle breakdown and recovery service shall be operated strictly in accordance with the approved noise impact assessment and the noise management plan.

Reason: In the interests of residential amenity to prevent disturbance to the nearby residential properties out with normal working hours.

4.

Prior to the first operation of the garage workshop hereby approved the visibility splays shall be provided and thereafter maintained in perpetuity on each side of the access to the A82. 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 215 metres (the y dimension) in a southerly direction and 160 metres (the y dimension) in a northerly direction 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 2.00 metres positioned along the set back dimension to an object height of between 0.26 metres and 1.05 metres anywhere along the y dimension.

Reason: To minimise interference with the safety and free flow of the traffic on the trunk road, and 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.

5.

Prior to the first operation of the garage workshop hereby approved, the applicant shall demonstrate that all ground out with the Trunk Road boundary, however within the visibility splays is within their control for future maintenance.

Reason: To minimise interference with the safety and free flow of the traffic on the trunk road, and 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.

The storage of damaged and wrecked cars shall be limited to the compound at the rear of the building at the northern end of the site.

Reason: In the interests of visual amenity.

7.

Prior to garage workshop becoming operational the 30 car parking spaces for customers, staff and car sales, as shown on the approved site plan, plan 3 of 3, shall be marked out on the site and retained in perpetuity, unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of public safety and visual amenity to provide well laid out parking provision.

8.

The existing trees along the western boundary of the site, parallel with the trunk road, shall be retained in perpetuity unless otherwise first agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity to retain the trees important to the screening of the rear car storage area.

Applicant

Location

Nature of Development

6.2

Lidl UK GmbH No 07/00212/FULSL)

Ewen MacRae Ltd,

West End Garage,

Dunvegan Road,

Portree,

Isle of Skye

Erection of Foodstore, Petrol Filling Station and Kiosk and Construction of Car Park

1.

The proposed development is not considered to demonstrate the provision of an adequate or safe means of access to the road network given the position and proximity of the entry and exit of the filling station to the junction for the food store. The proposed access and parking arrangements do not provide adequate separation of differing traffic types  and would therefore result in a material change in the number and/or type of vehicles entering or leaving the road using an inadequate access arrangement with insufficient visibility, to the detriment and safety of road users.

2.

The proposed level of car parking within the proposed development fails to meet the minimum standards and recommendations as set out in SPP17, to the potential danger and inconvenience to users of the adjoining trunk road and adopted road network.

1.

to defer consideration of the application to a Hearing which was provisionally fixed for 10.30 am on 24^th June 2008 in the Council Chamber, Tigh na Sgire, Park Lane, Portree.

2.

To ask that the relevant officials explore with the applicant the possibility of a contribution to address their corporate and social responsibilities.

Reasons:

1.

The Committee was content that the applicant had addressed all the requirements of SPP8 but deferral was required to allow the applicant to address the access difficulties and bring forward as soon as feasible amended access proposals.

2.

A Hearing would be conducted since the application was a minor departure from the local plan.

Applicant

Location

Nature of Development

6.3

Mr Alan MacLean

(Application Reference No 07/00268/OUTLO)

Croft 4 Bunree, Onich

Erection of Two Houses

1.

Standard outline.

2.

Any details pursuant to Condition 1 above shall show houses of traditional design and finish and shall incorporate the following elements:

(a)    be single or one and a half storey in height;

(b)   be generally rectangular in shape and gable-ended, with their main elevations parallel with the Bunree public road and maximum gable widths of 7.8m;

(c)    have a symmetrically pitched roof between 35 and 45 degrees, finished in natural slate;

(d)   be positioned a minimum of 25 metres and maximum of 40 metres back from the rear elevations of Bunree Holiday Cottages, with their front elevations on the same building line;

(e)    have window openings with a strong vertical emphasis;

(f)     have walls finished in a white painted wet dash or smooth cement render.

Reason: In the interests of amenity and in order to reflect/retain the vernacular building traditions of the area.

3.

Any details pursuant to condition 1 above shall show full details of the proposed improvements to the existing vehicular access and the location, construction and surfacing of the new driveway. Thereafter the access improvements and driveway shall be fully formed in accordance with the approved details prior to the commencement of works on the construction of the houses hereby approved, with the final surfacing completed prior to the first occupation of the first house.

Reason: In the interests of road safety.

4.

Any details pursuant to condition 1 above shall show a scheme of surface water drainage for the development. The scheme shall show surface water discharged via land soakaway unless otherwise first agreed in writing by the Planning Authority. Thereafter the surface water drainage scheme shall be fully implemented in accordance with the approved details prior to the first occupation of the first house.

Reason: To prevent localised flooding.

Footnote to Applicant Relative to Application 07/00268/OUTLO

Scottish Water has advised that the Onich Water Treatment Works currently has insufficient capacity to serve your proposed development. You are advised to make early contact with Scottish Water to obtain their permission to connect to their infrastructure.

Applicant

Location

Nature of Development

6.4

Oatridge Ltd

(Application Reference No 07/00357/OUTSL)

Dunvegan Road, Portree, Isle of Skye

Erection of Supermarket (Outline) on land at Dunvegan Road, Portree

1.

The proposal would, if permitted be contrary to the provisions of Policy R1 – Shopping Hierarchy – of the Highland Structure Plan as it will serve to undermine future proposals aimed at consolidating the shopping hierarchy.

2.

The proposal would, if permitted result in the provision of a retail foodstore outwith the town centre which incrementally and cumulatively erode from and affect the viability of the proposed town centre contrary to Policy R5 of the Lochaber Local Plan.

3.

The proposal is contrary to the provisions of Policy 2.2.1.6 of the Skye & Lochalsh  Local Plan as it would to undermine its aims whereby the Council will seek to reinforce commerce in the town centre and future expansion as identified for Bayfield  and protect investment there against inappropriate out-of-town pressures.

4.

The proposal is contrary to the provisions of Policy 2.2.1.7 of the Skye & Lochalsh  Local Plan where the Council will resist retail development on industrial land except where the operating characteristics of the proposals justify such a location.

5.

The proposal if permitted, would result in the provision of a foodstore outwith the town centre and adversely impact on its commercial viability and threaten future investment contrary to 9.2.1.4 of the Skye & Lochalsh Local Plan as it would to undermine its aims whereby the Council will seek to reinforce commerce in the town centre and future expansion as identified for Bayfield and protect investment there against inappropriate out-of-town pressures.

6.

The proposal would, if permitted result in the provision of a retail foodstore which incrementally and cumulatively erode from and affect the viability of the proposed town centre expansion and conflict with a significant objective of the development plan contrary to the provisions of SPP 8 Town Centres and Retailing

7.

The proposal would, if permitted result in the provision of a retail foodstore which incrementally and cumulatively erode from and affect the viability of the proposed town centre expansion and conflict with a significant objective of Policy 17 of the emergent West Highlands & Islands Local Plan.

8.

The proposal will give rise to road safety concerns as it will not rationalise access arrangements and will give rise to potential pedestrian/vehicular conflict contrary to the Portree North Framework Plan.

Reason:

In light of the potential impacts on Portree Town Centre, Bayfield and future infrastructure provision, deferral was necessary to fully explore community and road improvements in conjunction with the Lidl application.

Applicant

Location

Nature of Development

6.5

Mr Walter Reid

 (Application Reference No 07/00545OUTLO)

Land 100m north of South Lodge, Glenfintaig, Spean Bridge

Erection of House

1.

Standard outline condition and reason.

2.

Any details pursuant to Condition 1 above shall show a house of traditional design and finish and shall incorporate the following elements:

(a)    be single or one and a half storey in scale;

(b)   be generally rectangular in shape and gable-ended, with their main elevations parallel with the south-western site boundary and maximum gable widths of 7.8m;

(c)    have a symmetrically pitched roof between 35 and 45 degrees, finished in natural slate;

(d)   external walls shall be predominantly finished with white painted wet dash roughcast, smooth masonry render, or unpainted natural stone;

(e)    if chimneys are incorporated, they shall be set squarely on the ridge;

(f)     have window openings with a strong vertical emphasis.

Reason: In the interests of amenity and in order to reflect/retain the vernacular building traditions of the area.

3.

Prior to the commencement of development, clear visibility splays shall be provided on both sides of the upgraded site access from the A82(T).  These splays are the triangles of ground bounded on two 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 215 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 1.05m and 2.00m positioned at the set back dimension to an object height of between 0.26m and 1.05m anywhere along the y dimension.  Thereafter, the splays shall be maintained free of obstruction in perpetuity,

Reason: To minimise interference with the safety and free flow of traffic on the trunk road, and to ensure that vehicles leaving the site can see and be seen and undertake the manoeuvre safely.

4.

No development shall commence or is hereby authorised until the existing site access from the A82(T) is fully upgraded in accordance with details, first to be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority, to a standard as described in the Department of Transport Advice Note TA 41/95 (Vehicle Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with Layout 3 (the layout will be similar to layout 8).

Reason: To ensure that drivers leaving the site are enabled to see and be seen by vehicles on the trunk road carriageway and join the traffic stream safely and to ensure that the standard of access layout complies with current standards and the safety and free flow of traffic on the trunk road is not diminished.

5.

The gradient of the access road shall not exceed 1 in 25 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 bituminous surface and measures shall be adopted to ensure that all drainage from the site does not discharge onto the trunk road.  The throat width shall be no less than 5.5 metres for the first 10 metres back from the road edge.  Should access gates be installed, they should be located at least 10 metres from the nearside edge of the trunk road carriageway and fixed in a manner as to open inward only.

Reason: To ensure that the standard of access layout complies with current standards and to ensure that accessing vehicles can stand clear of the trunk road carriageway when gates are being opened or closed.

6.

Access to the house site both during construction and following occupation, shall only be taken from the upgraded, shared site entrance with Lower Glenfintaig Farm.

Reason: In the interests of road safety.

7.

As details pursuant to condition 1 above, full details of the proposed water supply, including the source, flow rate, assessment of sufficiency to supply the development, details of measures to protect the source from contamination, and the proposed distribution system including storage and intermediate tanks, shall be submitted to the Planning Authority.  Thereafter, the water supply must be completed and maintained in perpetuity in accordance with such details as are approved.

Reason: To ensure that the water supply is adequate to serve the development.

8.

As details pursuant to condition 1 above, full details of the proposed means of foul drainage, including the specification, capacity and outfall arrangements for the proposed treatment plant, shall be submitted to the Planning Authority.  Such details as are approved must be fully installed 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.

9.

As details pursuant to condition 1 above, a minimum of two site cross sections running north-west to south-east through the site, showing existing and proposed site levels including ground levels, finished floor levels and existing A82(T) levels, all relative to a fixed datum point, shall be submitted to the Planning Authority.  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.

10.

As details pursuant to condition 1 above, a detailed plan of public access across the site (existing, during construction and upon completion) shall be submitted to and approved in writing by the Planning Authority.  The plan must include; i) existing right of way (dismantled railway line) and those areas currently outwith statutory access rights; and ii) areas proposed for exclusion from statutory access rights for reasons of privacy or disturbance in relation to the building hereby approved.

Reason: To ensure that the development does not impinge unreasonably on existing access rights across the site.

11.

As details pursuant to condition 1 above, a landscaping and planting plan including full specification of proposed native tree planting within the shall be submitted to the Planning Authority.  Such details as are approved shall be fully implemented to the satisfaction of the Planning Authority no later than the first planting season following the first occupation of the dwellinghouse hereby approved.  Any plant failures through disease, weather exposure, neglect or damage shall be replaced with equivalent species within one year of such failure.

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

Footnote to Applicant Relative to Application 07/00268/OUTLO

NB1 – When addressing the terms of condition 7 above, the applicant should first complete the attached questionnaire titled “Private Water Supplies – Planning Questionnaire” and return it to the Council’s Environmental Health Officers at the address shown on the questionnaire.

NB2 – In the event of non-compliance with condition 6 above, the Planning Authority would consider it reasonable to pursue enforcement action, which may involve closing the existing agricultural access as it has been considered unsafe, by the Trunk Roads Authority, for access to the house site.  The applicant is therefore strongly encouraged to ensure that any contractors and visitors are fully aware of the approved access route to avoid raising road safety concerns.

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.

Applicant

Location

Nature of Development

6.6

Mr David MacLean

(Application Reference No 07/00552/OUTLO)

Land 50 m to North of Laggan Lea, South Laggan, Spean Bridge

Erection of House and Access Improvement

1.

Standard outline condition and reason.

2.

Any details pursuant to Condition 1 above shall show a house of traditional design and finish and shall incorporate the following elements:

(a)    be single or one and a half storey in scale;

(b)   be generally rectangular in shape and gable-ended, with their main elevations parallel with the south-eastern site boundary and maximum gable widths of 7.8m;

(c)    have a symmetrically pitched roof between 35 and 45 degrees, finished in natural slate;

(d)   external walls shall be predominantly finished with white painted wet dash roughcast, smooth masonry render, or unpainted natural stone;

(e)    if chimneys are incorporated, they shall be set squarely on the ridge;

(f)     have window openings with a strong vertical emphasis/

Reason: In the interests of amenity and in order to reflect/retain the vernacular building traditions of the area.

3.

Prior to the commencement of development, clear visibility splays shall be provided on both sides of the upgraded site access from the A82(T).  These splays are the triangles of ground bounded on two 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 215 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 1.05m and 2.00m positioned at the set back dimension to an object height of between 0.26m and 1.05m anywhere along the y dimension.  Thereafter, the splays shall be maintained free of obstruction in perpetuity.

Reason: To minimise interference with the safety and free flow of traffic on the trunk road, and to ensure that vehicles leaving the site can see and be seen and undertake the manoeuvre safely.

4.

No development shall commence or is hereby authorised until the existing site access from the A82(T) is fully upgraded in accordance with details in accordance with letter dated 13^th February 2008 from the applicant to the Planning Authority (copy attached and docquetted), and to a standard as described in the Department of Transport Advice Note TA 41/95 (Vehicle Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with Layout 3 (the layout will be similar to layout 8).

Reason: To ensure that drivers leaving the site are enabled to see and be seen by vehicles on the trunk road carriageway and join the traffic stream safely and to ensure that the standard of access layout complies with current standards and the safety and free flow of traffic on the trunk road is not diminished.

5.

The gradient of the access road shall not exceed 1 in 25 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 bituminous surface and measures shall be adopted to ensure that all drainage from the site does not discharge onto the trunk road.  The throat width shall be no less than 5.5 metres for the first 10 metres back from the road edge.  Should access gates be installed, they should be located at least 10 metres from the nearside edge of the trunk road carriageway and fixed in a manner as to open inward only.

Reason: To ensure that the standard of access layout complies with current standards and to ensure that accessing vehicles can stand clear of the trunk road carriageway when gates are being opened or closed.

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 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 strict accordance with the approved arrangements.

Reason: To protect the archaeological interest of the site.

7.

Prior to the commencement of development, full details of the proposed water supply, including the source, flow rate, assessment of sufficiency to supply the development, details of measures to protect the source from contamination, and the proposed distribution system including storage and intermediate tanks, shall be submitted to and agreed in writing by the Planning Authority in consultation with Environmental Health Officers.  Thereafter, the water supply must be completed and maintained in perpetuity in accordance with such details as are approved.

Reason: To ensure that the proposed water supply is adequate to serve the development.

8.

Prior to the commencement of development, full details of the proposed means of surface water drainage shall be submitted to and approved in writing by the Planning Authority.  Such details as are approved must be fully installed prior to the initial occupation of the house hereby approved.

Reason: To ensure surface water drainage arising from the development is adequately managed.

9.

As details pursuant to condition 1 above, full details of the proposed means of foul drainage, including the specification, capacity and outfall arrangements for the proposed septic tank, shall be submitted to the Planning Authority.  Such details as are approved must be fully installed 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.

10.

Notwithstanding the provisions of Class 7 (means of enclosure) of the Town & Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, no walls, fences or other means of enclosure may be erected at the site to a height exceeding 1.2 metres above ground level unless otherwise first agreed in writing by the Planning Authority.

Reason: To protect the open character of the site, which could otherwise be jeopardised by excessively high means of enclosure.

Footnote to Applicant Relative to Application 07/00268/OUTLO.

NB1 – When addressing the terms of condition 7 above, the applicant should first complete the attached questionnaire titled “Private Water Supplies – Planning Questionnaire” and return it to the Council’s Environmental Health Officers at the address shown on the questionnaire.

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/

Applicant

Location

Nature of Development

6.7

O’Brien Homes Ltd

(Application Reference No 07/00798/FULRC)

Feddon Hill, Fortrose

Erection of Ten Terraced Houses and Fourteen Flats with associated parking

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.

Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, a sample of the finish to be applied to the timber boarding on the terraced houses shall be submitted to, and approved in writing by, the Planning Authority. Thereafter, development shall progress using the approved finish, unless otherwise agreed in writing by the Planning Authority.

Reason: In the interests of visual amenity and to ensure the timber finish accords with the over all character of the development.

3.

Notwithstanding the details and plans submitted with the application, and prior to the commencement of development, a comprehensive engineer’s survey report (including scaled drawings) relating to, and assessing/certifying the integrity of, all proposed retaining walls (and associated slopes) throughout the development shall be submitted to, and approved in writing by, the Planning Authority in consultation with Building Standards and TEC Services (Roads). Thereafter, development shall progress as per the approved report/drawings, unless otherwise agreed in wri