• Agenda

Minute of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee held in Lairg Community Centre, Lairg on Tuesday 20 November 2007 at 10.30am.

Present:

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

Non-Members also present:

Mr D Flear, Mr W Mackay, Mrs K Macnab (Item 3.4), Mr J Rosie

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 D Mudie, Team Leader, Planning and Development Service (HQ)

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 Lady M Thurso, Mr W Fernie, Mr W Ross, Mrs C Wilson and Mr A Torrance

2. Minutes of Meeting

The Minutes of the Meeting held on 23 October 2007 were approved.

3. Planning Applications

3.1 Renewal of Permission for Erection of 50m High anemometer mast at Spittal Hill, Spittal (07/00227//FULCA)

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

There had been circulated Report No. PLC-35-07 by the Area Planning and Building Standards Manager recommending approval of the application 05/00073/FULCA by Spittal Hill Windfarm Ltd for the renewal of permission for a period of two years for the erection of a 50 metre high anemometer mast at Spittal Hill, Spittal

Members suggested that an approval for a period of one year would be more appropriate and would allow sufficient time for the relevant data to be gathered, failing which the applicant could reapply for a further period.  Discussion followed on the frequency of the inspection of the bird deflectors during the breeding season and the requirement that any such condition be enforceable. Further comments related to the fact that the mast is located on a flight path used by category 1 birds, and that this application is for one mast only and should not be considered in the context of any potential wind farm development.

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, and on a monthly basis at all other times of the year.

3.2 Erection of One and a Half Storey House with Integral Garage (Amended Proposal to Previous Permission 07/00111/FULSU – Siting and Plot Size) at Plot 2, Swordale Park, Bonar Bridge for Clayquest Ltd (07/00377/FULSU)

There had been circulated Report No. PLC-36-07 by the Area Planning and Building Standards Manager recommending approval of the application by Clayquest Ltd 07/00377/FULSU for the erection of a one and a half storey house with integral garage (amended proposal to previous permission 07/00111/FULSU for siting and plot size) at Plot 2, Swordale Park, Bonar Bridge for Clayquest Ltd.

Members raised concerns in connection with the gradient of the access on to the public road, and land drainage issues on the site including the potential run off onto the public road, both in terms of materials and water.

The Area Roads and Community Works Manager reported that negotiations were ongoing with the developer in relation to visibility at the access, the potential for extending the 30mph limit and having a 6 metre length of the access from the public road tarred, advising that any further development on the overall site will require road construction consent.   The Principal Planner clarified that the access lies outwith the site boundary and therefore recommended that the owner of the overall site be written to in this regard.

The Committee AGREED to grant the application subject to the conditions detailed in the report.  The Area Planning and Building Standards Manager undertook to raise the Committee’s concerns in relation to the land drainage and access with the developer.

3.3 Formation of Roads and Site Services and the Change of use of Agricultural Land to Create a Nominal 41 plot Housing Development at Land to North West of Keiss Village (07/00072/FULCA)

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

There had been circulated Report No. PLC-33-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00072/FULCA by J W Sutherland Property Developments for the formation of roads and site services and the change of use of agricultural land to create a housing development of nominally 41 plots at land to north west of Keiss Village.

The Team Leader by way of introduction explained that the application had been advertised as a potential departure from the Local Plan on the basis that part of the site is not allocated for housing within the Caithness Local Plan.

The Chairman invited the applicants to present their case.  The Team Leader reported that the applicant had confirmed that he would not be attending the Hearing.

The Chairman invited the objectors to state their case.

Mrs S Main was the only objector present who wished to address the Committee.  Mrs Main questioned the need for the provision of 41 houses in the area, some of which will be constructed outwith the village envelope designated for housing. She expressed concern at the additional traffic which will be generated by the development and the speed of this traffic, raising safety concerns.  The development will also result in the loss of her turning area, and will create a hazard for vehicles reversing from her property on to the main road.  Accordingly Mrs Main asked that traffic calming measures be installed on the U104.

Mrs Main continued that the development will result in a loss of privacy, given the proximity of her property to plots 7 and 8.  Therefore she sought an assurance that the properties built on these plots will be at least 30 metres away from the front of her house and be restricted to single storey with no possibility for loft conversion.

In response to questions from Members, the Team Leader circulated plans of the indicative plot layout for the development.  He also clarified that the application is for roads and site services only, and outlined that planning applications would follow for the construction of individual houses. 

During discussion Members raised a number of points:-

• A query over why the road through the site and ends at the fence line beyond plots 25 and 26;
• Concern that the road passing through the site could be used as an access to the abattoir, and that traffic calming measures on this road  should also be considered; and
• The potential for plots 7 and 8 to be designated as a play or recreational area to mitigate against the loss of privacy which will be experienced by the objector.

Responding to the Committee the Area Planning and Building Standards Manager clarified that the application is for a plot layout and site services and that details of the individual houses are not yet available.  He said that the Committee has the opportunity to impose conditions to address the concerns raised by the objector, and these are set out in the report.

Referring to the road passing through the site, the Team Leader explained that any proposal to make this an access to the new abattoir would require planning permission.  He explained that the developer had agreed to provide a footpath along the U104 and to widen the road to a width of 5.5m, and therefore he could see no reason why the road through the site would be used as an alternative access to the abattoir.

Responding to Members, Mrs Main confirmed that conditions covering traffic calming, and the proximity and height of the houses to be erected on plots 7 and 8 would alleviate her concerns.  She also referred to the loss of the turning area, and her concerns about having to reverse onto the main road.

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. Mrs Main confirmed that she was satisfied with the way the Hearing had been conducted.

The Team Leader summarised the application and advised that the majority of the site lies within the envelope designated for housing in the Local Plan with the exception of two areas on the north west and south east boundary.  He confirmed that there were no technical objections to the application from the statutory consultees, and that the development will incorporate a minimum number of 25 per cent affordable units to be developed by a social housing provider.  He noted that on plots 7 and 8, the houses will be located nine metres away from the back boundary of the site, and a condition of consent will be an open plan arrangement where no walls, fences etc can be built on the front side of the house.  He also confirmed that a condition could be imposed requiring that plots 7 and 8 are provided as amenity space at the applicant’s expense. 

Members proceeded to debate the application and considered whether plots 7 and 8 should be designated as amenity areas, queried the rationale for requiring the road to be widened following occupation of the fifth house, requested that the footpath from the U104 onto the A99 be kerbed, and the potential for traffic calming measures along the U104 investigated.  Further it was suggested that a  condition be imposed requiring that the road through the site at plots 25 and 26 should terminate before the boundary fence.

Responding to Members, the Area Roads and Community Works Manager confirmed that the development will be covered by a road construction consent after occupation of the fifth house and as part of this the potential to extend the 30mph zones will be assessed and the relevant traffic order refreshed.

The Committee AGREED that, following further discussions with the applicant, objector and relevant officials on how best to arrange ingress and egress to the property ‘South View’ at the north tip of plot 8, and conclusion of a Section 75 Agreemen to secure the provision and future maintenace of an amenity area (but not a children’s play area) on plots seven and eight, planning permission be granted subject to the conditions detailed in the report, and subject to amendments and additional conditions to be drafted by the Area Planning and Building Standards Manager to ensure; (i) no dwellinghouses will be constructed on plots 7 and 8 and that plots 7 and 8 will be an amenity area, but not a play park, (ii) improved  ingress and egress to the property ‘South View’ at the north tip of plot 8, (iii) the road running past plots 25 and 26 will terminate 5 metres short of the site boundary, (iv) that the footpath along the U104 is kerbed, and (v) approporiate traffic calming measures will be included as part of the development.

3.4 Erection of Class 1 Retail Development with Associated Access Roads/Car Parking, Landscaping and Ancillary Works and Facilities to the South of Aikerness, A99, Wick (05/00073/FULCA)

In terms of Standing Order 13.2, the following Member had applied for and been granted a local Member vote:  Mrs Katrina MacNab.

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

There had been circulated Report No. PLC-34-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00073/FULCA by Scapa Properties Ltd for the erection of Class 1 retail development with associated access roads, car parking, landscaping and ancillary works and facilities to the south of Aikerness, A99, Wick subject to the conditions detailed in the report.

Mr D Mudie, Team Leader (HQ) introduced the application and outlined the main planning policies relevant to the application and in particular Policy R6 contained in the Structure Plan which relates to comparison shopping and Scottish Planning Policy 8 which seeks to protect the role of town centres. He advised that the application must be assessed in terms of whether the principle of development is acceptable in policy terms, whether it will have an adverse impact on the town centre or existing infrastructure, and whether the design and layout is appropriate.

The Chairman invited the applicants to present their case.

Mr B Wallace advised that the development is 0.7miles from the town centre, and therefore an ideal location for a retail park.  The principle of the development complies with policy and will provide the consumer with a greater choice of goods, and will assist to fulfil the role as a sub regional centre as identified in the Structure Plan.  He advised that it is estimated that £110m is lost through consumers spending outwith the area, and therefore there is the capacity in Wick to accommodate this development.  Mr Wallace reported that since the new Tesco store had opened in Wick the number of vacant units within the town centre had reduced from four in 2005 to a current level of three based on his survey carried out the previous day.  He advised that the development will be sustainable, and will not have an adverse impact on the town centre.  He quoted from the Structure Plan regarding the contribution of retail and shopping to the community, and ensuring the quality of provision meets the aspiration of the community.  Failure to do so will result in consumers travelling outwith the centre, to the detriment of the local economy.

Members questioned whether Highlands and Islands Airports Limited have had an input in relation to the proximity of the development to the runway, and whether the development could be made more eco-friendly than the current proposal.

Mr Wallace advised that Highlands and Islands Airports Limited is a joint applicant in this case and is fully aware of the proposal, and that the Civil Aviation Authority may have been approached on the application.  He also observed that the Team Leader had commented on the design of the building and included conditions in the report in this regard.

The Chairman invited the objector to state his case.

Mr M Horsefield, Mackay’s Stores Ltd stated his objections to the application as follows:-

• The development of another retail park will render the centre of Wick a ghost town;
• Scottish Government planning policies stated that retail is fundamental to the activities of the town centre, and there is commitment to land use policies which create vibrant town centres;
• Paragraph 39 of SPP8 states that where a proposal is not consistent with the development plan, the assessment should take account of the impact on the town centre or network of centres; and
• The impact on the vitality and viability of the town centre has not been comprehensively assessed by the applicants in this case, and until such time as retail impact study it is premature to determine the application.

Responding to questions from Members, Mr Horsefield reported that the feedback from his Company’s store in Wick is that turnover has dropped by 28 per cent since the most recent retail development had opened. 

Further questions from Members related to the fact that people prefer to use their cars rather than having to walk any distance to shop, public transport to the development will be available, the fact that a new retail park will result in fewer people travelling to Inverness to shop, and may attract more people from outlying areas into Wick and to the town centre.  Locally gathered evidence from shop owners suggested that they had experienced an increase in trade since the most recent retail park had opened, and therefore this development will protect the town centre.  There are also proposals to redevelop the Council offices located in the town centre as housing and retail units. 

Mr Horsefield emphasised that the Mackay’s store in Wick had suffered a downturn in trade as a result of the retail park, and that the viability and vitality of the town centre had not been assessed, current evidence being based on hearsay.  He said that retail provision in the town centre complements other uses in the town centre such as banks, and to remove this sector would therefore be detrimental to the town centre.  He also indicated that the cost of any retail assessment should be borne by the developer.

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

The Team Leader advised that Wick together with Thurso is identified within the Structure Plan as a sub regional centre, which should compete as a provider of a range of services, and that this had to be balanced against policies which seek to protect the town centres.  He emphasised that there are no other town centre sites identified within the Local Plan, nor any other alternative suitable sites. Whilst there may be an element of competition with existing traders, he suggested that the development is likely to contribute to the reversal of the current trend for long distance comparison shopping, and that there will no significant impact on the town centre.  Therefore the development meets the broad terms and objectives of the Structure Plan.  He also recommended that the condition relating to design be amended to incorporate more eco-friendly measures, and that Condition 1 detailed in the report be amended to read 6,058 square metres.

During the subsequent debate, Members discussed a number of points as follows:-

• Only two objections had been received in response to the application indicating overwhelming local support for the development;
• Shopping trends have changed with the public preferring to shop close to where there is available car parking.  The provision of additional parking in town centres is not desirable as it will alter its character;
• There is scope in Wick and Thurso as a sub regional centre for this development, and it will result in less trade being lost to Inverness;
• Niche businesses should be encouraged to set up in the town centre, to ensure the centre becomes vibrant in a different way from the past;
• The applicants should be encouraged to take a more environmentally friendly approach to the design of the development;
• The development will provide the public with more choice, and encourage less spending in Inverness, and attract people from outwith Caithness into the area;
• The Council has a role in revitalising the town centre, and local businesses also need to adapt to the current and future needs of the consumer;
• Fast food vans should not be permitted within the retail park;
• The opportunity should be taken with this development to progress a gateway into Wick in partnership with the local community council;
• The creation of another retail park will destroy the character of the town centre and will not prevent the drift to Inverness;
• The town centre is no longer fit for purpose and requires to be redeveloped and adapt for the 21st Century; and
• The developer should be required to ensure adequate provision of refuse bins.

Following on from this the Area Roads and Community Works Manager recommended that during the construction phase, if feasible, all construction traffic be routed via an alternative access to provide a separation with the public access.

The Committee AGREED to grant the application subject to the conditions detailed in the report, on the basis that condition 1 be amended to read 6058 square metres; that condition 5 be extended to provide for a more environmentally sympathetic design; and subject to additional conditions for which delegated authority was granted to officials requiring that no fast food vans be permitted on site, and requiring the developer to provide an adequate number of refuse bins appropriate to the size of the development, and that a gateway development be progressed by the developer in partnership with the Council and the local community council.

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

There had been circulated Report No. PLC-37-07 by the Area Planning and Building Standards Manager providing an update on the application 07/00372/FULCA for alterations to workshops (revised plans) at units north west of Radio Station, Neil Gunn Drive, Ormlie Industrial Estate, Thurso.  The report recommended that the Committee note the applicant’s intention to submit an appeal to the Scottish Executive in response to the non determination of the application by the Council within the prescribed two month period, and advising that a further report will be submitted to the Committee once confirmation of the Appeal has been received to determine how Members wish to proceed in relation to the Appeal.

The Team Leader advised that confirmation had been received that the applicant would be seeking to recover costs from the Council.

Responding to Members, the Area Planning and Building Standards Manager explained that as part of the Appeal process, the Committee will be required to take a position on the application had it been determined. 

Following further discussion the Committee AGREED that the relevant Members consider their response to the Appeal, at the special meeting of the Committee to be held on 4 December 2007, and in the meantime those Members be circulated with the relevant appeal papers.

The meeting closed at 12.45 pm.