• Agenda

Minute of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee held in the Duthac Centre, Shandwick Street, Tain on Tuesday 18 December 2007 at 10.30am.

Present:

Mr R Coghill, Mr G Farlow, Mr R Rowantree, Lady M Thurso, Mr W Fernie, Mr G Smith, Mr J McGillivray, Mr W Ross, Mr M Rattray, Mrs C Wilson, Mr R Durham

Non-Members also present:

Ms M Smith

In Attendance:

Mr A Todd, Area Planning and Building Standards Manager

Mrs S Blease, Solicitor

Mr C Stewart, Area Roads and Community Works Manager

Mr B Robertson, Principal Planner

Mrs D Stott, Principal Planner

Miss A Macrae, Administrator

Mr R Coghill in the Chair

1. Apologies for Absence

Apologies for absence were intimated on behalf of Mr D Mackay, Mr D Bremner, and Mr A Torrance

2. Minutes of Meeting

The Minute of the Meeting held on 20 November 2007 was approved.

3. Planning Applications

3.1 Erection of 52 Houses and Associated Roads and Infrastructure, In Outline, at Land to the North of Darroch Brae, Alness for Highland Housing Alliance (07/00543/OUTRC)

Ms M Smith participated in the discussion on this item but did not have a local member vote.

The Chairman confirmed that the application would proceed under the Hearings Procedure, and that all parties had received a copy of the procedure.

There had been circulated Report No.PLC-41-07 by the Area Planning and Building Standards Manager recommending approval of the application 05/00543/FULCA[a1]  for the erection of 52 houses and associated roads and infrastructure at land to the north of Darroch Brae, Alness for Highland Housing Alliance

The Principal Planner, Mrs Stott, introduced the application and outlined the proposed layout of the development together with details of the proposed access from Darroch Brae and the mix of houses proposed. She advised that the original application had been for 54 units but that it had been established that the development encroached on a strip of land which had been gifted to the residents of Darroch Brae by the former Ross and Cromarty District Council.  The proposed layout had therefore been amended to delete those houses located on this area of land along the road frontage.  The development was therefore for fifty two units, sixteen of which would be allocated as affordable housing.   She also outlined the policies relevant to the assessment of the development, and reported that while the indicative capacity of the site as contained in the Local Plan was for 35 units, it was considered that the proposed density was consistent with the development surrounding the site, and did not represent overdevelopment.  

Concluding, the Principal Planner indicated that the revised layout contained the development wholly within the area allocated for housing in the Local Plan, which had been adopted in February 2007. The Local Plan had been the subject of public consultation and there had been no representations to the site being allocated for housing during this process.  However, she noted that there had been 157 representations in relation to this application, 28 of which were by residents of Darroch Brae.  There were no technical objections to the application and she advised that an alternative access other than via Darroch Brae was being investigated by the developer for the construction phase.

The Chairman invited the applicants to present their case.

Mrs S Torrance, Highland Housing Alliance, explained that the key objective of the Alliance was to purchase housing land and provide a spread of houses to meet market demands, including the needs of those who are currently priced out of the market.  The proposed site had been chosen as it was zoned for housing in the Local Plan and there was a willing seller.  This was an attractive site and housing development here would be a welcome addition to Alness.  She expressed disappointment at the objections which related to the principle of development on the site as this issue had not been raised during consultation on the Local Plan.  The development would consist of affordable housing to be developed by Albyn Housing Society, in the form of fixed price discount housing which would be marketed to local people, plots for self build and quality private houses.

Mrs A McRitchie, the project architect, reported that the layout had been designed to retain amenity space and contain the development within the area designated for housing in the Local Plan.  The existing footpaths which run through the site would be retained. The density of the development was comparable to the neighbouring Darroch Brae, which was relatively low density.  An alternative access from the Corskscrew Road had been investigated for the construction phase, the advice from TEC Services being that that while the use of this access was feasible through the construction period, it would not be suitable to serve the development once completed.  The height of those properties which are next to existing properties would be restricted and would have no overlooking windows.  As explained by Mrs Stott, the five properties to be located at the lower end of the site had been deleted from the proposal and this therefore addressed the objections received in relation to the development encroaching onto amenity land and the loss of trees.  Furthermore a detailed tree survey would be undertaken and a tree protection plan drawn up.

Responding to questions from Members the applicants advised that;

Further reducing the density of the development would raise issues in terms of the viability of the development and the ability to achieve 25% affordable housing

While the developer was willing to maintain the amenity land, it would only do so with the agreement of the local residents who owned it.

Should the development be approved the notional timescale for completion would be 18 months from the approval of detailed consent.  Proposals for phasing the development were also outlined.

The contractor would be supervised to ensure the commitment to tree protection was taken forward in the form of the details being checked before work commenced on site, provision of fixed fencing, and introduction of an inspection regime

Homezone principles would be taken forward at the detailed planning stage as part of the road construction consent.  Road design and traffic calming would embrace the Homezone principles, and there would be an adequate provision of pedestrian links to promote road safety

The design of the development would be in keeping with the Council’s policy, and other national guidance on sustainable construction, and in accordance with the Highland Housing Alliance’s own sustainable principles.

The detailed layout would seek to mix the different types of housing to ensure there was a spread of affordable housing across the development.

The Chairman then invited the objectors to present their case.

Mrs M Foster, on behalf of Mrs M Campbell, proceeded to outline a number of objections to the application summarised as follows:

The area was not scrubland as described in the report, but regenerated forest, and the forest road to the north was not overgrown

Local residents were opposed to access across the amenity land at Darroch Brae, and were concerned that this land had been incorporated into the application without consultation

The level of objections to the application should be noted, in addition to the fact that the amenity land had been gifted to residents by the former District Council in 1974.

Buses, cars and service delivery vehicles used the access route and there would be congestion at the proposed roundabout.  It was also queried whether the residents of Firhill were aware that their amenity land would be required for the construction of the roundabout

The Council’s TEC Services had stated that the proposed access is not suitable for construction traffic

Local residents did not wish a play area, the previous one having been removed due to undesirable use

There would be little opportunity to retain existing trees on the site, and there was concern that mature trees would be lost.  The bulk of the development was contained within the forest area of Coulhill

The developers should investigate an alternative access from Coulhill Road via the northern forest track

Drainage difficulties existed in this area, with raw sewage being evident in gardens,

The development would strip bare a regenerated forest and therefore impact on wildlife habitats

While there was a demand for affordable housing in Alness, residents feared that plots/houses would be sold to people who live outwith the area.  Furthermore the Local Plan allocates 380 available house plots in Alness and more in Evanton  There was therefore considerable scope to build affordable houses elsewhere

The local infrastructure could not cope with a development of this size and this would result in flooding, increased traffic etc

The fact that the proposed access would have to be reinforced demonstrated that it was not suitable for purpose.  There was no requirement for speed limits given the current road layout, and the Corkscrew road was not suitable for construction traffic

The laying of pipes, cables, sewer etc would create major disruption for a considerable period of time, and cause the land to be stripped bare

The public using the forest and general pathways did not wish to walk on tarred paths

Local residents objected to the construction of the access across the amenity lands and questioned the developer’s right to do this without their permission

Concluding,  Mrs Foster asked that the application be refused until such time as the concerns of local residents were addressed and detailed plans were provided showing how the conditions detailed in the report would be met.

Mr Mark Campbell questioned why the area of amenity land which it had been proven was gifted to local residents was still included on the plans.  He also questioned the intention to build on this site advising that construction would destroy the only woodland in Alness.  The site would also be costly and difficult to develop.  The Local Plan allocated other sites in Alness which were easier and less costly to develop.   He also referred to the fact that individual house builders had to comply with conditions concerning the planting of trees, and therefore a different rule seemed to be being applied to this development.  The woodland was rich in wildlife and this would be threatened by the scheme.  Mr Campbell also stated that the access arrangements would involve crossing land which clearly belonged to the residents of Alness.  Finally, he submitted that the drainage in the area had been poorly constructed and he questioned its ability cope with further development.

Mr William Mackenzie, representing Mrs M Josey, reinforced the points made by the previous objector concerning the access arrangements. He also submitted that Corkscrew Road was unsuitable for heavy construction traffic and should not be used.

In response to questions by members, Mr Campbell and Mrs Foster indicated that the local plan consultation process had not been clear to the layman, noting that a small advert had appeared in the press. They considered that the density of the development was not appropriate for a woodland area, and this together with road safety issues and the availability of other sites, combined to make this an unsuitable location for development.

The applicants were then given the opportunity to respond to the points raised by the objectors referring to site investigations which had been undertaken, the findings of which had been incorporated into the proposals.  Nature surveys would also be carried out before the development commenced and the access arrangements would comply with TEC Services recommendations.  With regard to the proposed access across the amenity land, they understood that there was a reserved right of access over this land to the site.

Members raised the possibility of access being taken from the east end of the site as an alternative to that proposed.  The Area Roads & Community Works Manager clarified that this option had not been assessed, and would require further investigation.  Access rights at the east of the site would also have to be checked.

There being no further questions by members and no other parties wishing to speak, the Chairman declared the Hearing at an end and sought and obtained confirmation that the parties participating in the hearing were satisfied with the way in which the Hearing had been conducted.  All parties confirmed that they were satisfied with the conduct of the Hearing.

The Principal Planner then summarised the application observing that the site was allocated for housing in the Local Plan, and that the development conformed with policy, and was consistent with development in the surrounding area.  She acknowledged that while there were a large number of objections to the proposal, many related to the principle of development on the site, which had already been established in the recently adopted Local Plan.  She noted that SNH had no objections to the development and that there were no technical objections, subject to the upgrading of the access as required by TEC Services.  Robust conditions attached to the permission would also cover many of the issues raised in relation to trees, homezones and sustainable development.  She therefore recommended approval of the application subject to conditions, explaining that as the Council had a financial interest in the site, the application would require to be referred to Scottish Ministers

During the debate, members agreed that the developer and TEC Services should be asked to investigate the possibility of access being taken from the east end of the site, at sites 16 and 17, as detailed in the plan on page 17 of the report

Following on from this the applicant was asked to give an assurance that if an improved access could be achieved to the east of the site, then they would seek variation of the outline consent to incorporate the better access, replacing the proposed access from the south via Darroch Brae.   Mrs S Torrance gave such an assurance.

The Committee then AGREED to grant the application, subject to an informative note being attached to the permission noting the applicants’ undertaking to investigate an alternative access to the east of the site, and subject to the conditions detailed in the report.  Additionally it was AGREED that in view of the Council’s interest in the site the application be referred to Scottish Ministers.

3.2 Erection of House on Land Adjacent to the B9165, Fearn for Mr and Mrs F Doherty (07/01032/FULRC)

There had been circulated Report No. PLC-42-07  by the Area Planning and Building Standards Manager recommending approval of the application 07/01032/FULRC for the erection of a house on land adjacent to the B9165, Fearn for Mr and Mrs F Doherty

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

3.3 Demolition of Former Funeral Parlour at Rose Street, Thurso at Rose Street, Thurso for J Begg, Builders (07/00049/CONCA)

There had been circulated report PLC-43-07 by the Area Planning and Building Standards Manager recommending approval of the application 07/00049/CONCA for the demolition of former funeral parlour at Rose Street, Thurso for J Begg, Builders.

The Area Planning and Building Standards Manager displayed a plan of the applicant’s indicative plans for the proposed development to replace the existing building.  He advised that the plan had also been made available to those making representations.

Members expressed concern that if approval was given to demolish the building the site might not be developed for some considerable time and would become a waste ground to the detriment of the Conservation Area.  Members also expressed their reservations in relation to the developer’s indicative proposals for a flatted development to replace the existing building, stating that it was not in keeping with the surrounding area. 

Following further discussion the Committee AGREED that this item be deferred and the applicant advised that while Members were minded to grant permission for the demolition of the building, determination of the application would be subject to the prior submission of a planning application containing proposals for re-development of the site.

3.4 Erection of 1.5m Storey House, Installation of Ground Source Heating System, Formation  of New Access at Land 50m South West of Ardachu House, Brora for Miss J Dunn(07/00394/FULSU)

There had been circulated Report No. PLC-44-07  by the Area Planning & Building Standards Manager recommending approval of the application 07/00394/FULSU for the erection of a 1.5m storey house, installation of ground source heating system, formation of new access at land 50m south west of Ardachu House, Brora for Miss J Dunn.

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

4. Appeal – Erection of House at Land North of Kingsway,
    Heathmount, Tain for Mr and Mrs J Wood

There had been circulated appeal decision notice dated 3 December 2007 from the Scottish Executive Inquiry Reporter’s Unit dismissing the Appeal against refusal of planning permission for the erection of a house at land north of Kingsway, Heathmount, Tain for Mr and Mrs J Wood.

The Committee AGREED to note the terms of the letter.

 5. Schedule of Meetings 2008

Members were asked to approve the proposed schedule of meeting for 2008, together with a list of venues. 

Members approved the schedule of dates, but expressed the view that the venues should be subject to change depending on the nature of the business scheduled for each meeting to avoid, as far as possible, objectors and others having to travel considerable distances to attend hearings. 

The Committee APPROVED the following schedule of meetings for 2008 subject to flexibility being retained in relation to the venues depending on the business to be considered at each meeting;

29 January - Lairg

4 March - Wick

8 April - Alness

13 May - Wick

1 July - Golspie

19 August - Tain

23 September - Wick

4 November - Golspie

9 December – Alness

The meeting ended at 1 pm