Agendas, reports and minutes

Caithness, Sutherland and Easter Ross Planning Applications and Review Committee

Date: Tuesday, 23 October 2007

Minutes: Highland Council CSER PARC Agenda - 23-10-2007

Agenda

Minute of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee held in the Assembly Rooms, Wick on Tuesday 23 October 2007 at 10.30am.

Present:

Mr D Mackay, Mr G Farlow, Mr R Rowantree, Lady M Thurso, Mr G Smith, Mr D Bremner, Mr R Coghill, Mr J McGillivray, Mr W Ross, Mr M Rattray, Mr R Durham

Non-Members also present:

Mr D Flear, Mr W Mackay, Mr J Rosie, Mrs L Munro

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, Principal 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 Fernie and Mrs C Wilson, and Mr A Torrance.

2. Minute of Meetings

The Minutes of the Meeting held on 28 August 2007 and the Special Meeting held on 4 September 2007 were approved.

3. Planning Applications

3.1 Installation of Replacement Windows, Retrospective Application for Listed Building Consent, at 17 High Street, Alness for Mrs Kathleen Lohse (07/00823/LBCRC)

There had been circulated Report No. PLC-24-07 by the Area Planning and Building Standards Manager recommending refusal of the application 07/00823/LBCRC by Mrs Kathleen Lohse for the installation of replacement windows, this being a retrospective application for listed building consent, at 17 High Street, Alness.

The Manager advised that while the applicant alleged that she had been advised by the Council in 2000 that the property was not listed, she had not produced evidence to support this claim. He also advised that the proposal is contrary to the Structure Plan, Local Plan and the advice offered by Historic Scotland.

During discussion it was suggested that applicants were being disadvantaged by the requirement to install single glazed, sash and case windows on the basis that they are more expensive. The Council should therefore be seeking to provide financial assistance to applicants to allow them to conform with policy. A query was also raised over how energy efficient the policy is when the applicant is being asked to remove energy efficient windows and relace them with single glaze.

The Manager reported that it is possible to manufacture both double and single glazed sash and case windows which are energy efficient.

Further comments from Members referred to the fact that the Council should produce an advice note for the public containing guidance on what is acceptable, the possibility of the listed building status being highlighted on the Council tax form to ensure the public are aware that alterations require permission, and that while the Council should seek to assist the public with energy efficiency, uPVC windows are not acceptable in sustainability terms. Historic Scotland had also stated that the replacement windows must match the previous units exactly in all respects and therefore the policy should be adhered to in this case

Responding to Members, the Manager reported that owners of properties are notified if a property is listed, and that should ownership transfer a property clearance ceritifcate will identify if the building is listed. While he could not guarantee that all enquiries received by officials on this matter are recorded, he emphasised that the listing would be clearly listed in the relevant register.

The Committee REFUSED to grant listed building consent for the reasons stated in the report, and AGREED that enforcement action be pursued to secure the removal of the unauthorised windows and their reinstatement with appropriate substitutes to match those which previously existed.

3.2 Erection of House and Garage, in outline, Formation of Vehicular Access, Westside, Dunnet for Mr and Mrs Broddell (07/00308/OUTCA)

There had been circulated report PLC-25-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00308/OUTCA for the erection of a house and garage, in outline, formation of vehicular access at Westside, Dunnet for Mr and Mrs Broddell, subject to the conditions detailed in the report.

The Manager advised that the development accords with the Local Plan and the 100 metre spacing criterion, and a condition is to this effect is recommended in the report. Dunnet and Canisbay Community Council had objected to the proposal on the grounds that this development will add to the number of accesses off the Dunnet road. The Community Council therefore suggests that an alternative access be taken to the north. The Manager advised that the applicant has no access rights along the track to the north and therefore this is not an option.

Mr D Bremner referred to Condition 4 recommended in the report relating to the siting of a residential caravan, and queried whether any such proposal is contained in the application. He expressed concern that the siting of caravans is becoming prolific within the area to the detriment to the general amenity.

The Manager advised that a standard condition is included in relation to permissions to construct single houses in the countryside in response to complaints about the number of such caravans. The Team Leader explained that legal advice sought in 1996 had confirmed that it is legitimate for a caravan to be located on site during the construction period without permission, and as a result the standard condition had been inserted into consents to control the length of period a caravan remains on site.

Thereafter Mr Bremner suggested that Condition 4 be amended so that a caravan is not permitted on site for more than six months, rather than one year as recommended.

The Committee AGREED to grant the application subject to the conditions detailed in the report, subject to Condition 4 being amended so that a residential caravan shall not be present on site for more than a period of six months.

3.3 Renewal of Permission for Erection of 70m High Anemometer Mast on Forestry Land, North of Loch of Toftingall, Spittal for Gamesa Energy UK Ltd (07/00251/FULCA)

There had been circulated report PLC-26-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00251/FULCA for the renewal of permission for erection of a 70m high anemometer mast on forestry land north of Loch of Toftingall, Spittal by Gamesa Energy UK Ltd.

Mr R Coghill observed that there are significant numbers of Category 1 birds in the area and noted the proposal for bird deflectors to be fitted on the guy wires at approximately five metre intervals and inspected on site at three monthly intervals. He questioned whether during the breeding season, and in particular to protect fledgling birds, it would be more appropriate for deflectors to be inspected on a weekly basis to ensure any that are defective or missing are replaced.

Following on from this, Members questioned the temporary nature of the application, noting that permission had previously been granted for a two year period with a further two years being sought, and queried why the developer had not obtained the necessary data over the preceding period. Members suggested that the developer be allowed a further period of one year in which to obtain the necessary information, and should a further renewal be submitted thereafter the developer be asked to explain why the relevant data is not available.

The Committee AGREED to grant the application for a temporary period of one year, subject to Condition 4 detailed in the report, being amended so that the bird deflectors are routinely inspected at the site on a weekly basis during the breeding season.

3.4 Erection of Agricultural Building, As Amended, at Willowbrae, 73 Baddidaroch, Lochinver for Colin Macdonald (07/00096/FULSU)

There had been circulated report PLC-27-07 by the Area Planning and Building Standards Manager recommending approval of an application 07/00096/FULSU for the erection of a an agricultural building, as amended, at Willowbrae, 73 Baddidaroch, Lochinver for Colin Macdonald.

The Principal Planner indicated that the application had been amended in terms of its scale and location in response to objections received. Assynt Community Council had objected to the original submission, although no comments had been received in relation to the amended proposal.

Members comments related to the fact that this type of building, located in close proximity to the village, is not in keeping with the area, and that that the planning policy in respect of agricultural buildings should be reviewed. In support of the application the view was expressed that it is difficult to run an agricultural enterprise in the current climate without suitable buildings. This is an active crofting community and working crofters must have suitable premises within which to operate.

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

3.5 Alteration and Extension of Hotel Building. Demolition and Alteration of Outbuildings. Erection of Spa, 9 Bedroom Hotel Wing, 9 Hotel Bedrooms, and 11 ‘fractional’ apartments. Formation of Car Parking, Alteration of Entrance Gates and Boundary Walls, Installation of Oil Heating, Storage Tank and Flag Pole, Provision of New Hard and Soft Landscaping, As Amended south of Grange Road, Dornoch (07/00217/FULSU)

There had been circulated report PLC-28-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00217/FULSU for the alteration and extension of a hotel building, demolition and alteration of outbuildings, erection of spa, a nine bedroom hotel wing, nine. hotel bedrooms, and eleven ‘fractional’ apartments, formation of car parking, alteration of entrance gates and boundary walls, installation of oil heating, storage tank and flag pole, provision of new hard and soft landscaping, as amended on the site of the Royal Golf Hotel to the south of Grange Road, Dornoch.

The Principal Planner summarised the application, outlining the three elements of the development, which in total will create 40 additional units, the developer indicating that this level of development is required to make the scheme financially viable. He stated that the level of development is not inappropriate for the size of the site. The Principal Planner advised that long term issues exist in relation to the southern boundary of the site particularly in relation to trees, however weighed against the economic benefit the scheme will bring to the community, on balance the proposal represents a reasonable compromise and is acceptable.

Referring to the Council’s affordable housing policy the Principal Planner read from a submission received from the developer making representations that the allocation of affordable units within the complex is inappropriate for a development of this nature. He explained that the policy can be applied through on or off site provision, or payment of a commuted sum. Therefore he recommended that the application be subject to an appropriate legal agreement covering payment of a commuted sum to be negotiated by the District Valuer, in consultation with the Housing and Property Service. He also recommended that Condition 9 as detailed in the report be amended so that the wording ‘9 no. hotel bedrooms’ is deleted.

Mr J McGillivray indicated that while concerns existed locally about the impact of the fractionals, the applicant insisted that they were necessary to sustain the economic viability of the development. He expressed concern at both the impact on the community should the development not go ahead, and the fact that a significant building may fall into disrepair. He therefore expressed his support for the application.

Further comments from Members welcomed the development and the fact it will provide high quality accommodation in Dornoch, congratulated the Planning officials and Dornoch Area Community Council on the manner in which this potentially contentious application had been handled, and questioned whether the weeping elm tree located on the site could be relocated to an appropriate civic space within Dornoch.

Reference was made to a proposal to have the elm tree relocated to the grounds of Ross House, Dornoch. Concern was also raised about the susceptibility of the tree to disease should it be relocated, and Members agreed that flexibility be retained on this matter in consultation with the Forestry Officer.

The Committee AGREED to grant the application subject to the conditions detailed in the report, and to the prior conclusion of a Section 75 Agreement to cover payment of a commuted sum in accordance with the Council’s affordable housing policy to be negotiated by the District Valuer, in consultation with the Housing and Property Service, and subject to Condition 9 detailed in the report being amended to so that the wording ‘9 no. hotel bedrooms’ is deleted.

3.6 Extension to Campsite at Halladale Inn, Melvich for Ian Fling (07/00326/FULSU)

There had been circulated report PLC-29-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00326/FULSU by Ian Fling for an extension to the campsite at Halladale Inn, Melvich.

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

3.7 Conversion of Church to Form 5 Dwellings, (Amended Proposal to Previous Permission Ref: 05/00120/ FULSU) AT Old St John’s Parish Church, Stafford Street, Helmsdale (07/00364/FULSU

There had been circulated report PLC-30-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00364/FULSU by Mr Lewis J Phillip for the conversion of a Church to form five dwellings, the proposal being to amend a previous consent 05/00120/FULSU at Old St John’s Parish Church, Stafford Street, Helmsdale.

The Principal Planner reported that Helmsdale Community Council had objected to the proposal due to concerns about the access onto the A9(T) and loss of a right of way. He noted that the applicant had given an undertaking that an alternative right of way will be provided during the construction period.

Referring to the Community Council’s representations Mr W Ross sought an assurance that the Planner is confident that Condition 7 as detailed in the report will safeguard access through the site, and that the Trunks Roads Authority is satisfied that the access meets the required standards. He also questioned whether there is an opportunity for the Council’s affordable housing policy to be applied in this case. The Principal Planner indicated that the threshold for the policy is 10 units, whereas in this case the development is for 5 units.

Mr Ross reiterated that the conditions attached to the permission must be explicit and carefully monitored. He also observed that the potential for an affordable housing element for these types of developments should be considered as part of the new Local Plan.

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

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

In relation to this item, Members were reminded that in the determination of a planning application, to be entitled to participate in any vote, they must have been present throughout all of the proceedings, including the site inspection which took place on 4 September 2007. Of the members present, therefore, only Mr D Mackay, Mr R Rowantree, Lady M Thurso, Mr G Smith, Mr D Bremner and Mr R Coghill could participate in any vote.

There had been circulated report PLC-31-07 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 north west of Radio Station, Neil Gunn Drive, Ormlie Industrial Estate subject to the Committee being satisfied with the amended proposals.

Lady M Thurso advised that notwithstanding the fact that the amended plans for the building represented an improvement she remained concerned in relation to the height of the building and its proximity to residential buildings.

Mr G Smith cautioned that the application is for an industrial building on an industrial site, and suggested that in future greater separation be allowed between industrial and residential areas, with the taller buildings being located on lower sections of such sites. In terms of the landscaping he stressed that adequate maintenance be undertaken to ensure it enhances amenity.

Mr J Rosie expressed concern that to grant planning permission for this development would represent a grave injustice to the neighbouring residents, who would suffer a considerable loss of amenity, the loss of the pleasant outlook from their homes and a fall in the valuation of their properties. He stressed that there should be no detriment to the neighbouring householders because a planning application had not been submitted, and said that good planning and natural justice would have resulted in this site being retained for smaller buildings. He therefore urged the Committee to reject the application and seek relocation to a more appropriate site, or have the site excavated to allow the development to proceed without being detrimental to the neighbours. Mr D Bremner concurred with this view.

Responding to questions from Members in relation to the current planning permission, which exists for the site, the Manager confirmed that permission had been granted for buildings which are higher than that proposed in this application. The development on the site contravened the conditions of that approval and therefore planning approval is required.

During further discussion Members raised a number of further points;

Concern was expressed about the extent to which the residential scheme will be overlooked, and the associated impact on house prices
In the event the application is refused, the applicant would be in a position to lodge an appeal and could construct a building at a higher level with no amelioration measures
Questions existed over whether the Council owns other industrial land on which this development could be relocated, the point being raised that the Council had a responsibility to solve the problem
Whether the Council could assist with the cost of excavating the site rather than condemning the residents to the proposed development,
Concern that the Council cannot agree to contribute to excavating the site without a budget
The reality of the position is that this is an industrial estate with adjacent housing, and the Committee can refuse the application and be faced with a larger building being constructed on site or approve it and achieve an amended proposal
Failure to determine the application may result in the applicant lodging an appeal for non determination

Mr G Smith seconded by Mr R Rowantree moved that the application incorporating the amendments to ameliorate the impact of the building on neighbouring properties be approved subject to the conditions detailed in the Manager’s original report submitted to the Committee on 28 August 2007, as outlined in Section 2.1 of the report.

Mr D Bremner seconded by Mr D Mackay moved as an amendment that the application be deferred in order to allow the applicant an opportunity to present a more satisfactory solution in relation to the location and the design of the building.

There being no further amendments, votes were cast by roll call as follows:

For the motion:- Mr G Smith, Mr R Rowantree

For the amendment:- Mr D Mackay, Lady Thurso, Mr D Bremner, Mr R Coghill

Mr Smith’s motion having received two votes and Mr Bremner’s amendment having received four votes, the amendment became the decision of the Committee.

Decision

The Committee agreed that the application be deferred in order to allow the applicant an opportunity to present a more satisfactory solution in relation to the location and design of the building.

4. Tree Preservation Order No.82 – Former Sutherland Arms Hotel, Lairg

There had been circulated Report No. PLC-32-07 by the Director of Planning and Development concerning the provisional Tree Preservation Order placed on the site of the former Sutherland Arms Hotel, Lairg, and detailing the representations received in response to the Order. The report recommended that Members agree to confirm the Tree Preservation Order placed on the site.

The Manager emphasised that the Tree Preservation Order does not preclude development, and that the merits of the scheme were not in dispute. However he suggested that it was appropriate for the Planning Authority to protect the trees and therefore recommended that the Order be confirmed.

Mr R Rowantree referred to the Manager’s comments that the Order does not preclude development advising that this is how it is perceived within the local community, and that a less heavy handed approach should be adopted. Mrs L Munro suggested that a reasonable approach be taken to this matter so that agreement can be reached between the Planning Authority and the developer to achieve a balance, in relation to the protection of the trees. Mr G Farlow concurred with both Members.

M W Ross advised that as a Member of the former Sutherland County Committee which agreed to the imposition of the temporary Order he understood the sensitivity and importance of this issue noting that there had been deemed to be a threat to the trees, and also that the trees would enhance the development. He proposed that rather than a blanket order, the Forestry Officer identify key groups of trees which should be protected.

Members questioned the benefits of blanket order, and stated that the identification of specific species should be adopted as a matter of principle for the future in respect of such orders.

The Committee AGREED that the Forestry Officer in consultation with the local Members, local community, and Lairg Community Council, take forward proposals to protect specific trees within a permanent Tree Preservation Order and report back to the Committee within three months, and that in the meantime notification of the provisional Order be re-served.

5. Planning Appeal: Erection of house and garage; installation of septic tank and soakaway system at land 50m northeast of Woodside, 131 Ardachu, Brora (07/00145/OUTSU)

There had been circulated letter dated 22 August 2007 from the Scottish Executive Inquiry Reporters Unit dismissing the appeal against refusal of planning permission for the erection of house and garage; installation of septic tank and soakaway system at land 50m northeast of Woodside, 131 Ardachu, Brora.