• Agenda

Minute of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee held in the Lairg Community Centre, Lairg on Tuesday 28 August 2007 at 10.30am.

Present

Mr D Mackay

Mr G Farlow

Mr R Rowantree (Items 1 to 4.9)

Lady M Thurso

Mr W Fernie

Mr G Smith

Mr D Bremner

Mr R Coghill

Mr J McGillvray

Mr M Rattray (Items 1 to 4.9)

Mr R Durham (Items 1 to 4.16)

Non-Members also present:

Mrs L Munro (Items 4.2 to 4.9)

Mr A Rhind (Items 1 to 4.4)

Mr J Rosie (Items 1 to 4.9)

In Attendance:

Mr A Todd, Area Planning and Building Standards Manager

Mrs F Sinclair, Area Solicitor

Mr C Stewart, Area Roads and Community Works Manager

Mr I Ewart, Team Leader, Planning and Development Service

Mr B Robertson, Senior Planner

Mrs D Stott, Planner

Miss A Macrae, Administrator

Mr D Mackay in the Chair

1.       Apologies for Absence

Apologies for absence were intimated on behalf of, Mr W Ross and Mrs C Wilson, both on other Council business, and Mr Alan Torrance.

2.       Minute of Meetings

The Minutes of the Meeting held on 19 June 2007 and the Special Meeting held on 26 June 2007 were approved.

3.       Timetable of Meetings for 2007

The Committee APPROVED the timetable of meetings for the remainder of the year, as follows:

Date/Venue

Tuesday 18th September/ Duthac Centre, Tain – 10.30 am
Tuesday 23rd October/Assembly Rooms, Wick – 10.30 am
Tuesday 20th November/Lairg Community Centre – 10.30 am
Tuesday 18th December/Duthac Centre, Tain  – 10.30 am           

4.         Planning Applications

4.1        Erection of 72 Houses and Associated Access Road, Services
             and Amenity Space at Land between Birchwood and
             Caberfeidh Drive, Invergordon for Highland Housing Alliance
             (06/01153/OUTRC)

The Chairman confirmed that the application would proceed under the Hearings Procedure.

There had been circulated report PLC-7-07 by the Area Planning and Building Standards Manager recommending approval of the application 06/01153/OUTRC by Highland Housing Alliance for outline planning permission for the erection of 72 houses, associated access road, services and amenity space at land between Birchwood and Caberfeidh Drive, Invergordon.

The Planner introduced the application, advised that the site is allocated in the Ross and Cromarty East Local Plan for housing, and confirmed there were no technical objections to the application.  Three objections remained outstanding, from local residents at Birchwood and Caberfeidh Drive.  These objections related to the level of development and impact on the privacy and amenity of the neighbouring properties. 

The Chairman invited the applicants to present their case.

Mr Greg Duncan, Highland Housing Alliance explained that full consultation with the relevant authorities and agencies had been undertaken at the outset to confirm the feasibility of the development.  The original application had been revised to take account of the objections raised.  Referring to those objections outstanding he confirmed that the traffic arrangements had been agreed in full consultation with TEC Services, with access solely from Strath Avenue.  Regarding loss of privacy, he stated that there would be twelve semi detached properties behind the area at Birchwood, with about forty metres between the respective walls of the two lots of houses.  He said that privacy would be further reinforced by a tree belt between this area and the development.  Drainage will be dealt with by an engineered SUDS system.  The amenity space as designated in the Local Plan will be retained, and will be enhanced with further space within the development.  Construction traffic will access the site from Strath Avenue.  Finally he confirmed that all of the proposed housing is contained within the land zoned in the Local Plan for this purpose.

Thereafter Mrs M Macpherson on behalf of Invergordon Community Council confirmed that the Community Council had no objections to the application.

The Chairman invited the objectors to state their case.

The Area Solicitor reported that there were no objectors present, and advised that a letter had been received from one of the objectors, Miss Rosemary Belben, confirming that she was unable to attend the Hearing but asking that a statement attached be read out to the Committee.  The Area Solicitor read out the statement which made the following points:

• Other more central areas in Invergordon zoned for housing have not been developed
• The land provides the last open space in Invergordon which is safe for children and dog walkers to enjoy without the dangers associated with passing traffic.  Removing this valuable resource will not be compensated for by adding a children’s play park
• The number of dwellings proposed represents overdevelopment and may have an adverse effect on house prices in the area.
• The bungalows at Birchwood will be overlooked by two storey houses, resulting in a loss of privacy
• Drainage problems already exist in the area and will be exacerbated by this development
• The approach roads are not adequate to take the increase in traffic, these roads being already difficult to navigate, creating safety issues for those living nearby.
• Responding to the objector Mr Duncan confirmed that he had responded to the various points in his earlier submission. 

Members expressed concern that the Local Plan contained indicative proposals for 35 properties on this site, while the application related to 72 houses.   Questions were raised as to what informed the numbers identified in the Plan and at what point did a development in excess of this number conform to the Plan, concern being expressed about the potential for overdevelopment.

The Planner explained that any development which exceeds the indicative capacity by ten per cent is considered in the context of a detailed assessment of the site in terms of the layout, the site surroundings, and the type of housing proposed.  The indicative number of houses would have been informed by the size of the area based on plotted development and did not take account  of flatted or terraced properties.   She also advised that the trend nowadays is increasingly to move away from indicative numbers in Local Plan policies.

The Chairman suggested that guidance on this issue be sought from the Planning, Environment and Development Committee.

In accordance with procedure, the Chairman declared the Hearing at an end and sought confirmation that (i) there were no further parties wishing to speak, and (ii) the parties were satisfied with the way the Hearing had been conducted.

All parties confirmed that  they were satisfied with the way the Hearing had been conducted.

The Planner summarised the application and confirmed it accords with policy and therefore recommended that permission be granted subject to the conditions detailed in the report which she indicated covered the concerns raised by the objectors and consultees.

The Committee AGREED to grant the application subject to the conditions detailed in the report as had been recommended, and subject to an amendment to be made to condition 4 to impose a requirement for traffic calming measures on Strath Avenue.

4.2        Demolition of Factory Units and Erection of Houses/Flats at
             Former Morrison’s site, Shore Road, Tain (07/00040/OUTRC)

In terms of Standing Order 13.2, the following Member had applied for and been granted a local Member vote in respect of this item:  Mr A Rhind

The Chairman confirmed that the application would proceed under the Hearings Procedure.

There had been circulated report PLC-8-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00040/OUTRC for outline planning permission for the demolition of factory units and erection of a residential development at the site formerly occupied by Morrison Construction at Shore Road, Tain.

The Manager introduced the application and advised that the application had been advertised as a potential departure from the Local Plan as the site falls within the “town centre” allocation, and as development affecting the setting or appearance of the conservation area.  Because the application is in outline there would be a range of issues to be addressed at the detailed planning stage such as traffic calming, improvements to the public road, drainage issues, noise and the protection of trees.  The applicants had provided a layout of the site for indicative purposes.

The Chairman invited the applicant to present their case.

Ms Claire Southam, advised that the site is occupied by Morrison Construction and will become vacant in December.  This is a brown field site with an existing access off Station Road. The application is in outline and the requirements for a contaminated land assessment, roads survey, tree assessment, etc will be carried out at the detailed planning stage.  She responded to the various points raised by the objectors in terms of traffic and road safety, privacy, the impact on trees and on the conservation area.  She emphasised that the plan showing how the development may appear is indicative only, and suggested that the development will contribute to strategic housing requirements and meet the principles of sustainability.

The Area Solicitor confirmed that none of the objectors who had requested a Hearing were present at the meeting.

Mr M Herd and Mr David Macdonald from Tain Community Council advised that the Community Council are supportive of the application but are concerned that the access to the site must be upgraded to improve traffic flow.

A number of points were raised by Members in discussion as follows:

A tree preservation order may be required to preserve the trees on site until such time as the detailed planning application is considered. 
The indicative layout of site represents overdevelopment and is not in keeping with the architectural style of Tain
The detailed planning application may be approved under delegated powers without further reference to the Committee
The actual area of the site requires to be confirmed

The Area Roads and Community Works Manager also responded to questions in relation to how traffic will be directed towards Shore Road, rather than those routes identified with pinch points, and proposed traffic calming measures.

The applicant cautioned that in relation to the request for a tree preservation order, a survey had established that not all the trees are in good condition.

In accordance with procedure, the Chairman declared the Hearing at an end and obtained  confirmation that there were no further parties wishing to speak.  The parties confimred that they were satisfied with the way the Hearing had been conducted. 

The Area Planning and Building Standards Manager summarised the application, stating that the proposed residential use is appropriate for this site, and will meet housing demand in Tain.  Appropriate conditions would deal with the range of issues affecting this site.  He recommended that should the application be approved an additional condition be added, to the effect that the master plan provided by the applicants should be for indicative purposes only.  He also indicated that it is for the Committee to decide whether a tree preservation order be imposed, and undertook to refer any application for approval of reserved matters to Committee for determination.

During the debate members raised the following points:

• Sufficient land had already been allocated for housing in the recently adopted Local Plan
• The application has major implications for the road network in Tain.  It will be difficult to direct traffic via Shore Road, people preferring instead the direct route to the High Street, and therefore passing through the pinch point which exists on the road network in this area.  The development could comprise 86 units with on average two traffic movements per household per day.  The application should therefore be deferred so that it can be proved that the road network is adequate to cope with this development.
• Further conditions should be attached to any outline permission to steer future development in terms of access i.e. through Shore Road rather than the streets with the pinch points
• The density of housing should take account of the surrounding density and height of the buildings in the town centre to prevent overdevelopment of the site

The Area Roads and Community Works Manager said that the conditions he had recommended be attached to any consent were based on directing traffic via Shore Road.  He confirmed that it was technically feasible to address this issue.  Responding to a question he also confirmed that it could be an option to close off access to the road with the pinch point. 

Thereafter members considered whether a tree preservation order should be imposed before accepting the applicant’s undertaking that the trees would be left untouched.

Following further discussion Mr A Rhind seconded by Mr D Bremner MOVED that the application be deferred to allow the applicants the opportunity to come back to the Committee with further information to prove how traffic management within and around the site could be delivered.

Mr R Durham seconded by Mr G Smith moved as an AMENDMENT that the application be approved as had been recommended in the Committee report subject to an additional condition that the housing density of any development on site should take into account the surrounding density of housing in Tain Town Centre, and also the height of the buildings, in the reserved matters application with a view to preventing overdevelopment of the site.

Mr R Rowantree seconded by Mr W Fernie moved as a SECOND AMENDMENT that the application be approved subject to the conditions recommended in the report, subject to the applicant giving a categorical assurance prior to the issue of the consent that no trees will be cut down on the site. 

There being no further amendments votes were cast.  

On a vote being taken between the SECOND AMENDMENT and the FIRST AMENDMENT:

For the FIRST AMENDMENT - Mr G Smith, Mr D Bremner, Mr M Rattray, Mr R Durham, Mr A Rhind

For the SECOND AMENDMENT - Mr D Mackay, Mr G Farlow, Mr R Rowantree, Lady Thurso, Mr W Fernie, Mr R Coghill, Mr J McGillivray.

The first amendment having received five votes, and the second amendment having received seven, the second amendment by Mr Rowantree was considered against Mr Rhind’s motion.  Votes were cast as follows:-

For the MOTION -: Mr D Bremner, Mr R Durham, Mr A Rhind

For the SECOND AMENDMENT - Mr D Mackay, Mr G Farlow, Mr R Rowantree, Lady Thurso, Mr W Fernie, Mr G Smith, Mr R Coghill, Mr J MacGillivray, Mr M Rattray

Mr Rhind’s motion having received three votes, and Mr Rowantree’s amendment having received nine votes, the SECOND AMENDMENT by Mr Rowantree became the decision of the Committee.

Decision

The Committee AGREED to grant the application subject to the conditions detailed in the report, subject to the applicant giving a categorical assurance prior to the issue of the consent that no trees will be felled.  The Committee further noted the undertaking given by the Area Planning and Building Standards Manager that any application for reserved matters will be referred to the Committee for consideration. 

4.3        Construction and Operation of a Hydro Electric Generating
             Scheme at River Glass, Evanton for RWE NPower plc –
             Consultation by Scottish Executive under Section 36 of the
             Electricity Act 1989 (06/1166/S36RC)

There had been circulated report PLC-9-07 by the Area Planning and Building Standards Manager advising that the Council had been consulted by the Scottish Executive on the Section 36 application submitted under the Electricity Act 1989, by RWE NPower Ltd for the construction and operation of a Hydro Electric generating scheme at River Glass, Evanton.  The report recommended that Members support the application.

The Committee AGREED to advise the Scottish Ministers that it does not object to the proposed scheme subject to consideration of the conditions detailed in the report

At this point the Chairman reported that there would be a break in proceedings for lunch. The meeting reconvened at 1.35pm.

4.4        Erection of 9 Houses, 3 Pairs of Semi-Detached, and 1 Terrace
             of 3 at Land to the North of Chapel Place, Portmahomack for
             Albyn Housing Society Ltd (07/00326/FULRC)

In terms of Standing Order 13.2, the following Member had applied for and been granted a local Member vote:  Mr A Rhind

There had been circulated report PLC-13-07 by the Area Planning and Building Standards Manager recommending approval of an application 07/00326/FULRC by Albyn Housing Society Ltd for the erection of nine houses, three pairs of semi-detached houses, and one terrace of three houses on Land to the north of Chapel Place, Portmahomack.

The Manager observed that of the 35 objections listed, three were from people resident in Portmahomack, and that the list also included double counting.He explained that as the Council owns the site, in the event that the Committee are minded to approve the application, the matter will require to be referred to Scottish Ministers, and that under new procedures for referrals the objectors will have a further opportunity for comment, and therefore there is a possibility the application may come back to the Committee.

Discussion followed on the potential for a one way system to be introduced in the area given the narrowness of the roads.  It was also suggested that on completion of the development the affordable housing units should be allocated from a common housing register, on which work is ongoing, rather than solely from Albyn Housing’s register.

The Area Roads and Community Works Manager expressed his preference for an access via Chapel Place, and indicated that while he had no issues with a one-way system, the process whereby the Order would have to be advertised may attract objections.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.5     Siting of table and chairs on the footpath at Y-Not, Meadow
          Lane, Thurso for Mr and Mrs Mackay (07/00327/FULCA)

There had been circulated report PLC-22-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00327/FULCA for the siting of table and chairs on the footpath at Y-Not, Meadow Lane, Thurso for Mr and Mrs Mackay.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.6     Erection of House at Former Sawmill Site, Laundry Road, Lairg
          for P and C Properties (07/00162/FULSU)

There had been circulated report PLC-14-07 by the Area Planning and Building Standards Manager recommending approval of the application by P & C Properties for the erection of a house at the former sawmill site, Laundry Road, Lairg.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.7     Erection of House, Installation of Septic Tank and Soakaway
          System, Formation of New Access onto Minor Public Road at
          Land 100m West of 256 Doll, Brora for Mr M Wilkinson
         (07/00240/OUTSU)

There had been circulated report PLC-18-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00240/OUTSU by Mr M Wilkinson for the outline planning permission for the erection of a house, installation of septic tank and soakaway system and the formation of a new access on to the minor public road at land west of 256 Doll, Brora.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.8     Erect Extension to House at An Crasg, West Drummuie,
          Golspie for Mr W Ross (07/00211/FULSU)

There had been circulated report PLC16-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00211/FULSU by Mr W Ross to erect extension to house at An Crasg, West Drummuie, Golspie.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.9     Erection of 102 Houses and Garages, Formation of New
          Access onto Sutherland Road, Installation of Foul Water
          Pumping Station at Housing Site to West of Rosebery
          Avenue and The Meadows and South of Sutherland Road,
          Dornoch for Pat Munro (Alness Ltd) (07/00086/FULSU)

The Chairman confirmed that the application would proceed under the Hearings Procedure

There had been circulated report PLC-10-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00086/FULSU by Pat Munro (Alness Ltd) for the erection of 102 houses and garages, the formation of a new access on to Sutherland Road, and the installation of a foul water pumping station on a Housing Site to the West of Rosebery Avenue and The Meadows and South of Sutherland Road, Dornoch.

The Senior Planner gave an extensive summary of the application advising that the former Sutherland County Committee had considered the outline application, and while not granting the application Members had indicated that they were minded to approve the application subject to a range of detailed technical requirements being met. He said that this application is a potential departure from Policy, and he referred to issues of access, design, layout, the homezone principles to be applied and traffic calming, and confirmed that the developer had undertaken to meet the Council’s affordable housing criteria.

The Chairman invited the applicant to present their case.

Mr B Munro stated that;

• Planning permission for 45 large houses already existed for the site.  However this development provided an opportunity to maximise the potential of the site and to replicate the centre of Dornoch, based on the concept of a central square
• The development would incorporate a number of principles such as solar gain, homezones, and would meet the Council’s affordable housing criteria
• The application represented a potential departure from policy and therefore an outline application had been submitted to test whether the principle of this type of development would be acceptable. Thereafter the design had been worked up and the technical objectives met.

In answer to questions raised by Members the applicant responded as follows:

• The road layout which incorporated spine roads and spurs, had been designed to meet the homezone principles, where pedestrians have priority and cars are forced to slow down
• While the design was intended to create a sense of place with open spaces and a town square, there were no plans to introduce retail or commercial premises, on the basis that this the may have a negative impact on existing business
• The development will be progressed on a phased basis whereby it could be eight to ten years before the 102 houses are completed. 
• This will be demand driven and it is anticipated that the construction of approximately twenty-five houses per annum will meet demand.
• The site is not identified as a flood risk in SEPA’s national register of flood areas, it does not lie near significant watercourses, and the technical measures proposed will resolve any issues of water lying on the site.

Following on from this it was reported that Dornoch Community Council’s representative had been unable to attend the meeting.

The Chairman invited the objector to state his case.

Lt Col M J Napper indicated that he was speaking on behalf of the residents at The Meadows who had made representations, and outlined a number of points in relation to the application:

Questions existed over the credibility of previous planning decisions in relation to housing developments in Dornoch, describing the process as undemocratic given the level of local opposition to specific developments which had been approved

The density of the development is more akin to an inner city area, and it does not replicate any part of Dornoch.  The original permission for 46 houses would be more acceptable

The site is essentially a bog, lying between one and five metres above sea level, and currently acts as a substantial soakaway for the rest of Dornoch.  Given current climatic conditions it makes no sense to build on low lying ground

The hydrological survey indicates that the tests were not satisfactory, and indeed percolation tests had failed.  Additionally sewage will require to be pumped from the development to the sewage works and therefore there is concern over the implications of a power cut for this process.

The junction with Sutherland Road and Castle Street is blind due to the wall at the West Church Hall, and either a roundabout or traffic lights should be installed there on safety grounds as with 150 extra houses per day it will be impossible to exit.

Such a substantial development requires more than one access into the site, concern being expressed about access for emergency vehicles should the access become blocked

The demand for these houses is uncertain, as there are few local jobs. The properties are likely to be second or retirement homes and therefore this development will not revitalise Dornoch.  Furthermore having residents commuting to work by car is environmentally unfriendly.

Would not object to a smaller development with more green space

Members questioned the fact that the objector had queried the results of the hydrological report, when the professional advice indicated that the proposal is acceptable.  In terms of road safety, TEC Services had also indicated that they have no objections to the application following the conduct of a road traffic assessment.

The applicant responded to the various points raised, indicating that the development had been designed to the required standards and to the satisfaction of the consultees.  The hydrology survey had been conducted independently, the results of which had been handed to the relevant consultees and found to be satisfactory.  In terms of demand he had been surprised at the level of interest the development had generated to date.

Discussion followed on the arrangements whereby traffic will exit the proposed development via Sutherland Road and be directed towards the A9, and concern this will create a rat run.  The Area Roads and Community Works Manager reported on the traffic assessment which had been conducted and advised that Sutherland Road would be widened and the 30mph restriction extended.  The junction at Castle Street had been assessed as having sufficient capacity to accommodate the additional traffic generated by the development. 

A question was asked as to how the development will be phased, and the applicant outlined the proposal, stating that the development will extend from Sutherland Road, with affordable units being provided throughout the development and at each stage.  Elements of the square will also be provided at the outset.

In accordance with procedure, the Chairman declared the Hearing at an end and sought confirmation that (i) there were no further parties wishing to speak, and (ii) the parties were satisfied with the way the Hearing had been conducted.

Lt Col Napper queried TEC Services figures on the amount of traffic that would be created, and sought further clarification on how the junction at Sutherland Road with Castle Street will cope with the additional traffic generated by this and an adjacent development.   The Area Roads and Community Works Manager reported that the junction had been assessed against the relevant standards and judged currently to be at low capacity,and able to accommodate the additional traffic.

The Chairman again sought confirmation that (i) there were no further parties wishing to speak, and (ii) the parties were satisfied with the way the Hearing had been conducted.  Both parties confirmed that they were satisfied with the conduct of the hearing. 

The Senior Planner summarised the application, and advised that although there is a small area of the site not allocated for housing, this is acceptable as a minor departure from the Development Plan and said that the application broadly conforms with policy. 

He RECOMMENDED APPROVAL of the application subject to conditions, and to the wording of Condition 13 relating to affordable housing being amended to the specific wording contained in Condition 15 of Report No. PLC8-07 detailed at item 4.2 above, subject to the prior conclusion of an appropriate legal agreement covering wear and tear on the roads and a financial contribution to Dornoch Primary School and Dornoch Academy all as had been recommended in the report.  The Committee so AGREED. 

At this point the Chairman reported that there would be a ten minute break in proceedings. The meeting reconvened at 3.40pm at which point Mr R Rowantree, Mr M Rattray, Mr J Rosie and Mrs L Munro were no longer in attendance.

4.10   Erection of House, in outline, at Land to the East of Rosslyn
          House, Main Street, Lairgfor Lairg Estate (07/00120/OUTSU)

The Chairman confirmed that the application would proceed under the Hearings Procedure

There had been circulated report PLC-11-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00120/OUTSU by Lairg Estate for outline planning permission for the erection of house, at land to the east of Rosslyn House, Main Street, Lairg.

Prior to consideration of the application, the Manager explained that the objector to the proposal Mr C Smith, and present at the meeting, had confirmed that he did not wish to object to the application, but wished to point out difficulties he had encountered while working on his own adjacent property with surface water drainage. 

In such circumstances all parties, including the applicant’s agent, Mr C Cook, also present, confirmed they were content proceed without the full hearings procedure being followed.

Thereafter the Manager summarised the application and advised that while the land had been allocated for industrial use in the Local Plan adopted in 1983, no proposals for this type of use had been brought forward for the site since then.  The development will therefore tidy up a derelict gap site in Lairg, and drainage issues can be dealt with at the detailed planning stage.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.11   Erection of 10 no. Flatted Living Units in 2 no. blocks at Land to
          North West of Stafford Court, Dornoch for Carnoustie Links
          Development Ltd (07/00193/FULSU)

The Chairman confirmed that the application would proceed under the Hearings Procedure.

There had been circulated report PLC-12-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00193/FULSU by Carnoustie Links Development Ltd for the erection of ten flatted units in two blocks on land to the north west of Stafford Court, Dornoch.

The Senior Planner introduced the application, stating that while the land is allocated for retail use in the Local Plan, and the development therefore represents a departure, there has been no interest in the site for retail use since the Plan was adopted.

The Chairman invited the applicants to present their case.

Mr G Knox reported that discussions are ongoing with the Albyn Housing Society, concerning the provision of affordable housing as per the Council’s policy.  Both parking and traffic issues have been agreed with TEC Services, provision being made for 15 off street parking areas, and appropriate turning area. Drainage will comply with SUDS, and Scottish Water have confirmed sufficient capacity for the development.  The developer is also willing to restrict working hours to avoid any Sunday working, and lighting will be provided on the footpath. 

Following questions of the applicant by members the Chairman invited the Community Council to address the meeting. 

Mr W Melville, a member of Dornoch Area Community Council, expressed reservations in relation to the development.  The Area Solicitor referred to the report which indicated that the Community Council had written in support of the application.  Mr Melville confirmed that he was expressing a personal view. 

The Chairman invited the objector to state his case.

Sir Gavin Gilbey outlined his objections to the proposal observing that there are proposals to construct approximately 500 houses in Dornoch, and therefore this application which is a departure from policy is not worthy of consideration not being required by the community.  Other points raised included the fact that the parking provision does not make provision for visitors, additional traffic adjacent to the playground will create a safety hazard for children, the development will exacerbate the litter problem already associated with a nearby takeaway, and the entrance to the development is on the crest of a hill, close to a blind spot and should therefore be repositioned.  Further points related to child protection issues arising from the fact that the playground will be screened by the development, the site is being overdeveloped, and additional parking will create problems with visibility and obstructions.  In conclusion, Sir Gilbey emphasised that the development is a departure from the Development Plan.

Following questions from members, and having given the applicant an opportunity to respond to points raised, in accordance with procedure, the Chairman declared the Hearing at an end and sought confirmation that (i) there were no further parties wishing to speak, and (ii) the parties were satisfied with the way the Hearing had been conducted.

Both the applicant and the objector confirmed they were satisfied with the way the Hearing had been conducted.

The Senior Planner summarised the application advising that the application represented a minor departure from the Local Plan, noting that there had been no previous applications for retail use since the Plan was adopted.  He explained that as the Council owns the site the application will have to be referred to Scottish Ministers, and that under new procedures for referrals the objectors will have a further opportunity for comment, and therefore there is a possibility the application may come back to the Committee.

Comments from Members related to the fact the retention of the site as open space would also be a departure from the Local Plan, a retail unit on the site would also exacerbate safety issues with children, and the fact a similar development in another location had proved successful.

The Committee AGREED to grant the application subject to the conditions detailed in the report and to Condition 4 concerning affordable housing being amended to to copy the specific wording contained in Condition 15 of Report No. PLC8-07 detailed at item 4.2 above

4.12   Erection of House and Garage, Demolition of Derelict House and
          Replacement with Store, Formation of Access onto Shared
          Access Track, Installation of Septic Tank and Soakaway System,
          Installation of Private Water Borehole, as Amended, at Plot 3
          to North of Culeave Croft, Ardgay for Mr and Mrs A Sutherland
          (07/00192/OUTSU)

There had been circulated report PLC-15-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00192/OUTSU by Mr and Mrs A Sutherland for the erection of house and garage, demolition of derelict house and replacement with store, formation of access onto shared access track, installation of septic tank and soakaway system, Installation of private water borehole, as amended, at Plot 3 to North of Culeave Croft, Ardgay.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.13   Provision of Site for Erection of New House, Installation of
          Sewage Treatment Plantand Mound Infiltration System,
          Alteration/Extension of Existing Access to Private Access Track
          at Land 80m West of 138 Clachtoll for Mr S Matheson
          (07/00231/OUTSU)

There had been circulated report PLC-17-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00231/OUTSU by Mr S Matheson for outline consent for the erection of a new house, installation of sewage treatment plant and mound infiltration system, and the alteration/extension of existing access to private access track at land 80m West of 138 Clachtoll.

The Committee AGREED to grant the application subject to the conditions detailed in the report, and subject to an amendment to condition 2 to enable the house to be one and a half storey.

4.14   Erection of 4 no. Houses and Formation of Access at Land at
          Munro Place, Bettyhill for Albyn Housing Society Ltd
          (06/00436/FULSU)

There had been circulated report PLC-19-07 by the Area Planning and Building Standards Manager recommending approval of an application 06/00436/FULSU by Albyn Housing Society Ltd for the erection of four dwellinghouses and the formation of an access at land at Munro Place, Bettyhill.

Mr G Farlow indicated that while he and the other Ward Members considered that the site is being more intensely developed than they would have preferred, and the more favoured location would have been to the south side of the main road, he recognised that there is need for housing in Bettyhill.

The Committee AGREED to grant the application subject to the conditions detailed in the report.

4.15   Erection of 4 no. Affordable 3 Bedroom Semi- Detached Villas, 6
          No. Affordable 2 Bedroom Semi-Detached Single Storey Houses
          and 27 No. Private Plots, Formation of New Access onto Public
          Road, as Amended at Land 150m North West of Edderton
          Village Hall, Edderton for Caledonian Forestry

          (06/00483/FULSU)

There had been circulated report PLC-20-07 by the Area Planning and Building Standards Manager recommending approval of the application 06/00483/FULSU by Caledonian Forestry for the erection of four. affordable housing units comprising three bedroom semi-detached villas, six affordable two bedroom semi-detached single storey houses and twenty-seven private plots, formation of new access on to public road on Land north west of Edderton Village Hall, Edderton.

Following discussion on Edderton Community Council’s preferred option for access to be taken directly off the A836, the Senior Planner stressed that the access identified in the Local Plan is on to Station Road, and that to deviate from this would fundamentally change the layout of the scheme and require a new application.

The question of a financial contribution to mitigate the effects of the proposed development on Edderton Prinary School  was raised by members, it being noted from the report that the school roll is expected to increase as a result of the development.

The Committee AGREED to grant the application subject to the conditions detailed in the report, and subject to the prior conclusion of a legal agreement to secure an appropriate financial contribution from the developer to mitigate the effects of the proposed development as outlined in Paragraph 4.2 of the report on Edderton Primary School

4.16   Erection of Meat Products Factory (Revised Plans) at former Bus
          Garage Site, Mid Keiss, Keiss, Wick for Caithness Beef and Lamb
          Ltd (07/00314/FULCA)

There had been circulated report PLC-21-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00314/FULCA for the erection of a meat products factory (revised plans) at former bus garage site, Mid Keiss, Keiss, Wick for Caithness Beef and Lamb Ltd.

Mr D Bremner commented on the lack of regard paid by the developer to the Planning Authority, in altering plans approved under the planning permission granted in 2006.  However should the application be approved he suggested an amendment to Condition 4 detailed in the report, relating to surface drainage.

Responding to questions concerning the fact an environmental assessment is not required, the Manager advised that the Council had consulted with SEPA, the advice being that the development will no have a significant environmental impact.

The Committee AGREED to grant the application, subject to the conditions detailed in the report, subject to Condition 4 being amended to read: ‘’All surface water drainage shall be treated by way of a sustainable drainage system, the details of which shall be submitted to and approved in writing by the Planning Authority prior to the development being brought into use’’.  Additionally delegated authority was granted to officers firstly, to amend Condition 1 of the consent to require the developer to remove offal from the site regularly with emphasis on frequency over the warmer periods of the year, and secondly, to impose an extra condition requiring the applicant to carry out improvements to the public road to the satisfaction of the Council.

4.17   Alterations to Workshops (Revised Plans) at Units to North
          West of Radio Station, Neil Gunn Drive, Ormlie Industrial Estate,
          Thurso for E Petrie (07/00372/FULCA) 

There had been circulated report PLC-23-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00372/FULCA by E Petrie for alterations to workshops, revised plans, at Units to north west of Radio Station, Neil Gunn Drive, Ormlie Industrial Estate, Thurso.

Members discussed whether the level of the site had been raised by the applicant, and if so whether this had occurred after planning permission was granted for the development in 2003.  Concern was also expressed at the proposals being altered from those approved in terms of the existing planning permission, Members expressing the view that such practice is unacceptable.

The Committee AGREED to continue consideration of the application, pending a site visit to be held on Tuesday 4 September 2007 at 10.30am, and that in the meantime the questions raised in respect of site levels be clarified.

5.       Planning Appeal: Erection of 3 Dwellinghouse Garages  to the
          South of ‘Crannach’, Lamington, Ross-shire  

There had been circulated letter dated 4 June 2007 from the Scottish Executive Inquiry Reporters Unit dismissing the appeal against refusal of planning permission for the erection of three dwellinghouses and garages to the south of ‘Crannach’, Lamington, Ross-shire.

The Committee AGREED to NOTE the terms of the letter.

6.       Planning Appeal: Erection of house and garage, in outline, with
          extension to track at land to east of Mosshill Cottage, Mosshill,
          Brora

There had been circulated letter dated 5 June 2007 from the Scottish Executive Inquiry Reporters Unit upholding the appeal against refusal of planning permission for the erection of house and garage, in outline, with extension to track at land to east of Mosshill Cottage, Mosshill, Brora

The Committee AGREED to NOTE the terms of the letter.

7.       Weekly Planning Lists

Members NOTED that details of the weekly planning lists detailing applications approved under delegated powers can be accessed on the Council’s website.