• Agenda

Minutes of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee held in the Duthac Centre, Shandwick Street, Tain on Tuesday 19 August 2008 at 10.30am.

Present

Mr D Mackay

Mr W Fernie

Mr G Smith

Mr R Coghill

Mr J McGillivray

Mr G Farlow (item 5 to the end)

Mr M Rattray

Mr A Torrance

Mr W Ross

Non Members Present

Mr A Rhind

Ms M Smith

Mr W Mackay

Officials in attendance:

Mr A Todd, Area Planning and Building Standards Manager

Mrs F Sinclair, Area Solicitor

Mr B Robertson, Principal Planner

Mrs D Stott, Principal Planner

Mr R Blain, Principal Engineer

Miss A Macrae, Administrator

Mr D Mackay in the Chair

1.    Apologies for Absence and Declarations of Interest

Apologies for absence were intimated on behalf of Mr D Bremner, Mr R Durham, Lady M Thurso and Mr R Rowantree.  

2.    Minutes of Meeting of 1 July 2008

The Minutes of the Meeting of the Committee held on 1 July 2008, copies of which had been circulated with the agenda, were approved.

3.    Minutes of Meeting of 15 July 2008

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

4.    Change of Use from Hotel to Four Residential Units at Nigg Ferry Hotel, Nigg for Mr Norman Kimber (08/00108/FULSU)

Mr A Rhind had applied for and been granted a local member vote in relation to this item.

There had been circulated Report No. PLC-44-08 by the Area Planning and Building Standards Manager recommending refusal of the application 08/00108/FULSU for the change of use from an hotel to four residential units at Nigg Ferry Hotel, Nigg for Mr Norman Kimber for the reasons stated in the report.

Members comments related to the fact that the development was contrary to both national and local policy, and that a residential development should not be permitted to compromise the ongoing negotiations in respect of the future of Nigg Industrial Site.

A contrary view was expressed that a petrochemical development had been anticipated for a considerable period of time without coming to fruition, and that a residential development on this site would not be any more detrimental to the future of the Nigg Yard than the existing use of the building.   The hotel had been vacant for a period of time and its refurbishment would revitalise the area, the application provided for the conversion of an existing building which had been used previously for residential purposes, and therefore there were mitigating circumstances in supporting the application in terms of the policy. 

Following further discussion Mr D Mackay seconded by Mr W Ross moved a MOTION that the application be refused for the reasons detailed in the report.

Mr A Rhind seconded by Mr W Fernie moved as an AMENDMENTthat the application be granted subject to appropriate conditions to be framed by officials under delegated authority.  The reasons given for the amendment were that the site of the proposed development is an existing hotel which is not in use with an unattractive extension at the rear, and the conversion of the hotel to residential units would bring the building back into use and rid the area of an eyesore.  Furthermore, there had been proposals in place for the Nigg area for many years which had not come to fruition.  In any event, the proposed use of the building would have no greater detrimental impact on the planning policy objectives for the area than the existing use of the building.

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

For the MOTION :-Mr D Mackay, Mr W Ross and Mr A Torrance

For the AMENDMENT :- Mr W Fernie, Mr G Smith, Mr R Coghill, Mr J McGillivray, Mr M Rattray and Mr A Rhind

Accordingly the AMENDMENT was CARRIED by 6 votes to 3 and became the decision of the Committee.

At this point Councillor Farlow arrived at the meeting.

5.    Erection of House, in Outline, at Land to North West of Fortanach House,

       Shandwick for Mrs N Westwater (08/00192/OUTSU)

Mr A Rhind had requested and been granted a local member vote in relation to this item.

There had been circulated Report No. PLC-45-08 by the Area Planning and Building Standards Manager recommending refusal of the application 08/00192/OUTSU for the erection of a house, in outline, at land to north west of Fortanach House, Shandwick for Mrs N Westwater for the reasons stated in the report.

During discussion the local Members expressed the view that the site was of sufficient size to accommodate a house set back on the site thereby minimising any visual impact, and suggesting that additional planting be undertaken on the boundaries of the site.  Further comments related to the relevant policies, reference being made to Policy H3 of the Structure Plan, and to Policy BP3 of the Ross and Cromarty East Local Plan, which presumed against development immediately outwith the defined settlement boundary of the Seaboard villages.  However the application site was sited away from the settlement boundary, and therefore would not have a significant detrimental impact on amenity, nor would it result in a linear development. 

Further comments from Members referred to the fact that the application would give the impression of a further settlement boundary being established, and would result in infill development, to the detriment of amenity.

Mr D Mackay seconded by Mr G Smith moved a MOTION that the application be refused, for the reasons stated in the report.

Mr A Torrance seconded by Mr G Farlow moved as an AMENDMENT that the application be approved subject to appropriate conditions to be framed by officials under delegated authority, including a condition to provide for tree planting on the west and north west boundaries of the site.  The reasons for the amendment were that in the context of the area, a house at the proposed location would not result in inappropriate development outwith the settlement boundary.  Indeed the location of the development would round off the settlement in an appropriate way.  Furthermore, as stated in paragraph 6.4 of the report, the site is physically capable of accommodating a house without having any significantly detrimental impact on the residential amenity of the area, and although the Local Plan presumes against development on land immediately outwith the defined settlement boundary of the Seaboard villages, this site is not “immediately outwith” the settlement boundary, nor does it amount to linear development.

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

For the MOTION: Mr D Mackay, Mr G Smith, Mr W Ross.

For the AMENDMENT: Mr G Farlow, Mr W Fernie, Mr R Coghill, Mr J Macgillivray, Mr M Rattray, Mr A Torrance, Mr A Rhind.

Accordingly the AMENDMENT was carried by 7 votes to 3 and became the finding of the meeting.

6.    Erection of Eighteen Flats and Associated Car Parking at Land Between Alness Bridge and Railway Viaduct, River Lane, Alness for William Gray Construction Ltd (08/00333/FULRC)

Ms M Smith had requested and been granted a local member vote in relation to this item.

There had been circulated Report No. PLC-46-08 by the Area Planning and Building Standards Manager recommending approval of the application 08/00333/FULRC for the erection of eighteen flats and associated car parking at land between Alness Bridge and Railway Viaduct, River Lane, Alness for William Gray Construction Ltd

During discussion a question was raised as to whether planning gain could be utilised to secure improvements to the road to the front of the development site, and to manage and maintain the trees on the other side of the river, albeit the land in connection with the latter was outwith the applicant’s control. A further point was raised in connection with the need to ensure the conditions relating to potential flood risk were sufficiently robust.

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

7.    Erection of Fishing Lodge and Installation of Reed Bed at Loch More, Westerdale, for Angus Estates (06/00074/FULCA)

Mr W Mackay had requested and been granted a local member vote in relation to this item.

There had been circulated Report No. PLC-47-08 by the Area Planning and Building Standards Manager recommending approval of the application 06/00074/FULCA for the erection of fishing lodge and installation of reed bed at Loch More, Westerdale, for Angus Estates.

Following discussion the Committee AGREED to GRANT the application subject to the conditions detailed in the report with an amendment to Condition 5 by the addition of the following words at the end of the first sentence “and such other plant species as may be approved by the Planning Authority in consultation with SNH”, and to an additional condition to be drafted by officials under delegated powers covering the upgrading of existing passing places and/or the provision of additional passing places on the approach road to the development site.

8.    Erection of Lodge, in Outline, adjacent to Loch Meadie, Cnoc A Bothian Forest, Near Westerdale, for Messrs Fountain PLC (05/00534/OUTCA)

Mr W Mackay had requested and been granted a local member vote in relation to this item.

There had been circulated Report No. PLC-48-08 by the Area Planning and Building Standards Manager recommending refusal of the application 05/00534/OUTCA for the erection of Lodge, in outline, adjacent to Loch Meadie, Cnoc A Bothian Forest, Near Westerdale for Messrs Fountain PLC.

The Committee AGREED to DEFER consideration of the application to enable officials to advise the applicants that the Committee were minded to support the application, and to invite them to submit the additional information requested by SNH, to enable a determination to be made as to whether the proposed development would have an adverse impact on the qualifying interests of the site as defined in Article 1 of the Habitats Directive.  The Committee RESOLVED that, following submission of the additional information, in the event that SNH maintained its objection to the application the matter be referred back to the Committee, but otherwise the application be approved subject to appropriate conditions to be framed by officials under delegated authority.

9.  Alleged Unauthorised Development – Pitgrudy Caravan Park, Dornoch

The Area Planning and Building Standards Manager reported on an alleged unauthorised development at the Pitgrudy Caravan Park, Dornoch, and displayed photos of the structure which had been erected on site by the new owners of the Park.  The status of the site and the structure in planning terms had been investigated, and he explained to Members that while the extant planning permission allowed the site to be used for residential purposes, under the relevant legislation the building in its current form was deemed not to be a caravan.   He outlined the various options open to the Committee to resolve the matter, recommending that he write to the owners requiring them either to have the structure removed or to submit a planning application for the building, failing which he be authorised to take enforcement action.

The local Members expressed their disappointment at the approach being taken by the developer, and suggested that they be allowed a period of four weeks to regularise the situation.

The Committee AGREED that the Area Planning and Building Standards Manager write to the owners of the site advising them that the unauthorised development should be removed from site or a planning application lodged, within a period of four weeks from the date of his letter.  In the event that no such action is taking within the four week period, the Committee authorised the Manager to take appropriate enforcement action. 

10.    Delegated Decisions

The Committee NOTED that the list of delegated decisions of planning applications was available via The Highland Council Website.

The meeting concluded at 12.20 pm.