• Agenda

Minute of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee held in the Assembly Rooms, Sinclair Terrace Wick on Tuesday 13 May 2008 at 10.30am.

Present:
Mr D Mackay
Mr R Rowantree
Mr W Fernie
Mr G Smith
Mr D Bremner
Mr R Coghill
Mr J McGillivray
Mr W Ross

Non Members Present:
Mr W Mackay

Officials in attendance:
Mr A Todd, Area Planning and Building Standards Manager
Mrs F Sinclair, Area Solicitor
Mr I Moncrieff, Principal Engineer, TECS
Mr I Ewart, Team Leader, Planning and Development Service

Mr D Mackay in the Chair

1.  Apologise for Absence and Declarations of Interest

Apologies from absence were intimated from Mr G Farlow, Lady M Thurso, Mr M Rattray, Mr R Durham and Mr A Torrance.

Councillor Mackay declared a non financial interest in Item 4 on the Agenda as a member of the Thurso Community Council which had objected to the application.  He explained to the Committee that although he is a member of the Community Council he does not attend its meetings during discussion of planning matters.   

2. Minute of Meeting of 15 April 2008

The Minutes of the Meeting of the Committee held on 15 April 2008, copies of which had been circulated with the agenda were approved.

Planning Applications

3.  Demolition of Existing Buildings and Erection of New Residential Block, Comprising 4 Two-Bedroom Houses, and 4 Two-Bedroom Flats With Associated Detached Bin Store at Land South of 4 Traill Street, Castletown for Norscot Joinery Ltd (08/00042/FULCA)

Councillor W Mackay had requested and been granted a Local Member Vote in relation to this item of business.

There had been circulated Report No. PLC-19-08  by the Area Planning and Building Standards Manager recommending approval of the application 08/00042/FULCA by Norscot Joinery Ltd for the demolition of existing buildings and erection of new residential block, comprising 4 two bedroom houses and 4 two bedroom flats with associated detached bin store on land south of 4 Traill Street, Castletown.  The application had been brought before Committee as a letter from the Community Council had been received.  In addition, two other letters of objection had been referred to in the report.   

Mr Ewart explained that a letter from the Prince’s Trust in relation to the application had been received on the morning of the Committee meeting.  The letter broadly supported redevelopment of the site but expressed concerns regarding the use type and active frontages of the units, the use of the public space and the detail of the architecture, particularly in the context of the master planning exercise that the Trust had undertaken for Castletown recently.  The Trust indicated that it had been in active discussion with the applicants and  that both parties were willing to work together to find a more appropriate solution for the redevelopment of the site.  The Trust suggested that determination of the application be deferred to allow this.

Following consideration of the letter, the Committee agreed to defer consideration of the application until its next meeting to enable discussion to take place between the applicants and the Prince’s Trust regarding the design detail of the scheme.    

4.  Erection of House (Amendment) at 23 Durness Street, Thurso for J Begg, Building Contractors Ltd (08/00084/FULCA)

There had been circulated Report No. PLC-20-08  by the Area Planning and Building Standards Manager recommending approval of the application 08/00084/FULCA by J Begg, Building Contractors to amend an existing consent  for the erection of a house at 23 Durness Street, Thurso.  The application had been brought before Committee as a letter of objection had been received from Thurso Community Council.

Mr Ewart explained that the new house is under construction and is almost complete.  This application is for an amendment to the existing consent to form a two storey conservatory on the front elevation of the property. 

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

5.  Siting of Static Caravan (Renewal of Permission) at House Plot to North of Newlands of Smerlie, Lybster for Mr Norton (08/00122/FULCA)

Councillor W Mackay had requested and been granted a Local Member Vote in relation to this item of business.

There had been circulated Report No. PLC-21-08  by the Area Planning and Building Standards Manager recommending approval of the application 08/00122/FULCA by Mr Norton for the renewal of planning permission for the siting of a static caravan at a house plot to the north of Newlands of Smerlie, Lybster.

Mr Ewart explained that an objection petition with eleven signatories and one other letter of objection had been received.  The objectors had expressed the view that because development of the house had not commenced, the application should not be granted.  Mr Ewart explained that the site had been cleared ready for building, the foundations of the house had been excavated and the septic tank, soakaway and inspection chamber had been installed.  He said that the concerns of the objectors related to caravans in general rather than to this application in particular, and recommended to the Committee that the application be granted.  

Individual members of the Committee expressed concern regarding the apparent proliferation of caravans in the countryside, and explained that while they had no objection to caravans being in place while building was ongoing, they had concerns that sheds, fences and ancillary buildings often accompanied the caravans which appeared to be on site indefinitely while the developments for which planning permission had been granted either did not commence at all or remained incomplete.   In order to address the concerns expressed by members, the Committee agreed to delegate authority to officers to attach to all future planning consents appropriate conditions clearly restricting any ancillary development in relation to the siting of static caravans. 

In relation to the particular application under consideration the Committee agreed to renew planning permission for a period of one year subject to appropriate conditions to be framed by the officers as detailed in the preceding paragraph of this minute. 

6.  Erection of House with Integral Garage, Installation of Oil Tank and Form New Access at Coopers Cottages, Barrock, Thurso for Mr James Steven (07/00624/ FULCA)

Councillor W Mackay had requested and been granted a Local Member Vote in relation to this item of business.

There had been circulated Report No. PLC-22-08 by the Area Planning and Building Standards Manager recommending refusal of the application 07/00624/FULCA by Mr James Steven for the erection of a house with integral garage, installation of oil tank and formation of new access at Coopers Cottages, Barrock, Thurso.  The application had been brought to Committee at the request of the Councillors for the Landward Area.

The Committee noted that the site lies within a policy envelope area subject to Primary Policy PP2 6(e) of the Caithness Local Plan which supports housing in principle subject to a 100 metre spacing between dwellings.  This application did not comply with the spacing requirement in the Local Plan and the occupier of a neighbouring property had lodged an objection on the basis that the application did not comply with the Local Plan.  Mr Ewart explained that the applicant had provided documentary evidence in support of the application on agricultural grounds which Mr Ewart explained was not relevant in this case. 

Following discussion, Mr D Mackay seconded by Mr G Smith proposed the motion that the application be refused for the reasons detailed in the report, whereupon Mr R Coghill seconded by Mr W Mackay proposed as an amendment that the application be granted with delegated powers to officials to attach appropriate conditions to the consent for the reasons that the proposed spacing in this case of 55 metres between dwellings is adequate and that the spacing requirements in the Local Plan are inappropriate in the context of this setting on the edge of a settlement.

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

• For the motion -  Mr D Mackay, Mr W Fernie, Mr G Smith, Mr D Bremner and Mr W J Ross;
• For the amendment – Mr R Rowantree, Mr R Coghill, Mr J McGillivray and Mr W Mackay. 

Accordingly the motion by Councillor Mackay was carried by five votes to four and became the decision of the Committee. 

7.  Erection of One and a Half Storey Dwelling at Plot 1, Adjacent to ‘Rispond’, Main Street, Golspie for Mrs L Macgruer (05/00421/OUTSU)

There had been circulated Report No. PLC-23-08 by the Area Planning and Building Standards Manager recommending refusal of the application 05/00421/OUTSU by Mrs L Macgruer for outline planning permission for the erection of a one and a half storey dwelling at Plot 1, adjacent to ‘Rispond’, Main Street, Golspie.

The Committee noted that the application had previously been considered by the Sutherland County Committee on 26th June 2006 at which time consideration of the application had been deferred to enable a traffic order to be confirmed in order to address members’ concerns regarding the safety access of the access to and from the site.  Following that meeting, the possibilities of a “one way” street traffic order and a stopping up order had both been explored.  The proposal to make a stopping up order was eventually advertised and attracted a number of objections.  The decision had been taken not to purse the order in light of its limited justification on safety grounds and considering the objections received.

Mr Moncrieff drew the Committee’s attention to a memo from the Area Roads and Community Works Manager suggesting revisals to the access to the proposed development which would maximise the sightlines and address the safety concerns expressed by members. 

Following discussion, Councillor Ross, seconded by Councillor McGillivray proposed the motion that contrary to the recommendation in the report the application be granted with delegated authority to officers to attach appropriate conditions to the consent.  The reasons for the motion were that the road safety risk was low and had been virtually eliminated by the cessation of use of neighbouring property as a joiners’ business, and that the development of the site, although backland development, did not constitute a significant precedent given the limited opportunities for similar backland development in the area. 

There being no amendments the Committee so agreed.     

8.  Delegated Decisions

The Committee noted that the list of delegated decisions of planning applications was available via the Council’s Website.

9.  Installation of small scale hydro-electricity generation scheme at Wester Fearn Burn, Mid Fearn, Ardgay (06/00429/FULSU)

As an additional item of business, Mr Todd advised the Committee that following the decision to refuse the above application on 29th January 2008 the applicants had appealed to Scottish Ministers against the Committee decision.  The Directorate for Planning and Environmental Appeals had intimated to the Council that an appeal hearing would take place on 2nd and 3rd September 2008. 

Mr Todd explained that in cases where the Committee has refused an application contrary to recommendation it is customary for a member of the Committee to speak at the appeal hearing to explain the reasons for the Committee decision to the Reporter, and he invited the Committee to appoint a representative to speak at the hearing. 

The Committee agreed that Mr J McGillivray represent the Committee at the hearing.