•  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 23 September 2008 at 10.30 a.m. 

Present

Mr D Mackay
Mr G Farlow
Mr R Rowantree (item 3 to the end)
Lady M Thurso
Mr G Smith
Mr R Coghill
Mr J McGillivray
Mr M Rattray
Mr R Durham
Mr A Torrance

Non-Members also present:

Mr M Finlayson
Mr D Flear
Mr W Mackay

Officials 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
Mrs D Stott, Principal Planner
Miss A Macrae, Administrator

1. Appointment of Office Bearers

The Area Solicitor invited nominations for the offices of Chairman following the decision of the Council on 1 August 2008 that the current Chairmen and Vice Chairmen of the Council’s three Planning Applications and Review Committees would remain in post only until 4 September 2008.

Mr M Rattray seconded by Mr R Coghill proposed Mr D Mackay.

There being no further nominations, Mr D Mackay was APPOINTED Chairman and proceeded to take the Chair.

The Chairman then invited nominations for Vice Chairman.

Mr A Torrance seconded by Mr R Durham proposed Mr R Coghill.  There being no further nominations, Mr R Coghill was APPOINTED Vice Chairman. 

2. Apologies for Absence

Apologies for absence were intimated on behalf of Mr W Fernie, Mr W Ross, and Mrs C Wilson.

3. Presentation on Planning and Flood Risk

The Chairman welcomed Miss C Macinnes and Mr M Boshoff from SEPA to the meeting

Miss Macinnes proceeded to outline SEPA’s role in the planning process and explained that if a proposal does not comply with SPP7 or insufficient information is provided then SEPA are required to object to the planning application.  She also outlined SEPA’s internal processes in relation to planning applications and the involvement of developers at each stage, provided information on flood risk assessments and the methodology used, the current indicative river and coastal flood map for the Highlands, and the type of flood risk screening currently undertaken.  She concluded by highlighting the main sources of flooding, the framework used to assess flood risk, and the main planning and flood risk principles contained in SPP7.

Thereafter the SEPA representatives responded to Members’ comments and questions relating to the ability of developers to access SEPA’s flood information, the effect of climate change on the criteria used to assess the degree of flood risk, and the fact that where a risk has been identified the Government should prescribe that no development takes place in these areas.  Further points raised by Members referred to planning applications where social and economic issues may take precedence, and concern was expressed that the designation of areas located near to a river as medium to high risk effectively covers a large number of communities. The need to observe more intelligent design to mitigate against flood damage was emphasised as was the fact that the Local Plan review for Caithness should take account of flooding in areas which had not experienced this in the past.

4. Minutes of Meeting of 19 August 2008

The Minutes of Meeting of held on 19 August 2008, copies of which had been circulated with the agenda, were approved.

Arising from Item 9 of the Minute, ‘Alleged Unauthorised Development – Pitgrudy Caravan Park’ and responding to a question from a Member, the Area Planning and Building Standards Manager reported that he had written to the owners of the Pitgrudy Caravan Park advising that the unauthorised development should be removed within the four week period.  He confirmed that the four weeks had now elapsed and that the unauthorised structure had not been removed and therefore the appropriate enforcement notice would be served immediately.

The Committee AGREED to note the position. 

5. Erection of Storage Building at Plot 3, Averon Way, Teaninich 
    Industrial Estate, Alness for Aquascot Ltd (08/00453/FULRC)

Mr M Finlayson had applied for and been granted a local Member vote in relation to this item.

There had been circulated Report No. PLC-49-08 by the Area Planning and Building Standards Manager recommending refusal of the application 08/00453/FULRC for the erection of a storage building at Plot 3, Averon Way, Teaninich Industrial Estate, Alness for Aquascot Ltd.

The Principal Planner advised that SEPA had objected to the proposal on the basis of the flood risk assessment submitted by the developer, and had requested that a revised site specific assessment be provided.  While the applicant had indicated their willingness to contribute to any flood prevention scheme in the area, Mrs Stott advised that the application should be considered as submitted.  She also advised that should Members be minded to approve the application then it would require to be notified to Scottish Ministers.

During discussion Members raised a number of points in relation to the application as follows:

• Raising the level of the bank may result in the potential for flooding elsewhere on the site, further exacerbated by the erection of the building and associated hard standing
• The development site had not been affected during the serious flooding experienced in 2006
• The development would generate social and economic benefits and contribute to the sustainability of the developer’s business and these were significant material considerations in the determination of the application
• SEPA’s response contained a number of doubts in relation to the level of flood risk. The site was serviced and appropriate for industrial and commercial use, and would generate additional employment in the area. 
• While there may be social and economic reasons for approving the application, any incidences of flooding would impact on the various emergency services that would inevitably be called out in such circumstances.  The applicant should therefore be required to produce a revised flood risk assessment demonstrating that the risk is minimal.
• Whether the location of the development could be altered within the site to reduce the potential flood risk
• It was unlikely that the emergency services would be called out to a storage building at this location in the event of flooding
• It should be incumbent on the developer to produce an adequate flood risk assessment to allow the Committee to properly assess the application

The Principal Planner and SEPA representatives present responded to the points raised.

Following discussion Mr A Torrance seconded by Mr G Farlow proposed the MOTION that the Committee intimate to the Scottish Government that it is minded to grant the application, subject to appropriate conditions to be attached by the relevant officials,, and to an informative being attached to the permission stating that responsibility for any flood risk mitigation works would lie with the developer. The reasons given for the motion were that that the development would generate significant social and economic benefits for the area which outweighed the considerations in relation to the potential flood risk.

Mr G Smith moved as an AMENDMENT that the application be refused in line with the recommendation contained in the report on the basis that the applicant had failed to demonstrate that the development could be adequately protected from flooding and therefore was contrary to SPP7 and Local Plan Policy GSP4, but on failing to find a seconder the amendment fell.

There being no further amendments, the MOTION became the finding of the meeting.

Mr G Smith asked that his strong dissent from this decision be recorded.

6. Erection of Extension to Provide Granny Annex with Sunroom Link 
    at Oakwood, Scotsburn Road, Tain for Mrs E Borland 
    08/00204/FULSU)

There had been circulated Report No. PLC-50-08 by the Area Planning and Building Standards Manager recommending approval of the application by Mrs E Borland for the erection of an extension to provide a granny annex with sunroom link at Oakwood, Scotsburn Road, Tain.  The Committee noted that this application was before Committee only because the applicant was a close relative of a member of staff in the Planning and Building Standards Service.  

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

7. (i) Formation of Site for House, Installation of Drainage Treatment System and Mound Soakaway and Formation of Vehicular Access, (ii) Erection of House, Installation of Foul Drainage Treatment System and Mound Soakaway and Formation of Vehicular Access, (iii) Erection of House and Integral Garage, Installation of Sewage Treatment Plant and Soakaway and Formation of Vehicular Access, (iv) Erection of House and Integral Garage, Installation of Treatment Plant and Soakaway at (i) North of Bonn Na Cnoc, (ii) Corbie Road, (iii) North West of Bonn Na Cnoc, and (iv) South East of Spendrift, all at Sarclet, Thrumster, Wick for (i) and (ii) Mr R More and (iii) and (iv) Messrs Harold and George Groat (08/00171/OUTCA, 08/00172/OUTCA, 08/00210/FULCA, and 08/00211/FULCA)

Mr D Flear and Mr W Mackay had both applied for and been granted local member votes in relation to this item.

There had been circulated Report PLC-51-08 by the Area Planning and Building Standards Manager recommending approval of the applications 08/00171/OUTCA and 08/00172/OUTCA for the formation of site for house, installation of drainage treatment system and mound soakaway and formation of vehicular access north of Bonn Na Cnoc, Sarclet, Thrumster, and erection of house, installation of foul drainage system and mound soakaway and formation of vehicular access at Corbie Road, Sarclet, Thrumster by Mr R More, and recommending refusal of the applications 08/00210/FULCA and 08/00211/FULCA by Messrs Harold and George Groat for the erection of a house and integral garage, installation of sewage treatment plant and soakaway and formation of vehicular access and erection of house and integral garage, installation of treatment plant and soakaway at north west of Bonn Na Cnoc and south east of Spendrift, Sarclet, Thrumster.

The Team Leader presented his report.  The Committee’s comments related to complications which existed in relation to the ownership of the land which had delayed the submission of the applications by Messrs Groat, the fact there was a demand for additional housing in Thrumster, that the families these new houses may attract would support the local School thereby contributing to the sustainability of the community, and the fact that the spacing requirements as outlined in the Local Plan were for guidance purposes only, and currently the subject of review.  Other comments related to the fact that approval would represent overdevelopment of the site and that overriding the spacing requirements contained in the Plan would set a precedent for future developments, and that the individual applications should be treated on a first come first served basis.

Following discussion Mr R Coghill seconded by Mr D Mackay moved a MOTION that all four applications be approved on the grounds that the minimum spacing requirement of one hundred to one hundred and fifty metres as contained in the Local Plan is for guidance purposes, and that taking a balanced view the settlement of four houses will fit well in its surroundings, that the spacing requirement of one hundred metres now subject to a review had been fixed because of a false perception of a rhythm of development in the area, and that to grant the applications would not disrupt the rhythm of development nor result in any disadvantage in terms of amenity.

Mr A Torrance seconded by Mr W Mackay moved as an AMENDMENT that the applications 08/00171/OUTCA and 08/00172/OUTCA be approved and applications 08/00210/FULCA and 08/00211/FULCA be refused, in line with the recommendation contained in the report.

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

For the MOTION: Mr D Mackay, Mr G Farlow, Mr R Rowantree, Lady M Thurso, Mr G Smith, Mr R Coghill, Mr J McGillivray, Mr M Rattray, Mr R Durham,  and Mr D Flear.

For the AMENDMENT: Mr A Torrance, Mr W Mackay.

Accordingly the MOTION was carried by ten votes to two and became the decision of the Committee.

Mr R Durham and Mr J Macgillivray both left the meeting at this point.

8. Removal of Condition 10 from Planning Consent 
    05/00073/FULCA for the Erection of a Class 1 Retail Development 
    with Associated Access, Roads/Car Parking, Landscaping and  
    Ancillary Works and Facilities (05/00073/FULCA)

There had been circulated Report No. PLC-52-08 by the Area Planning and Building Standards Manager recommending approval of an application by the developer for the removal of Condition 10 relating to access for construction traffic from Planning Consent 05/00073/FULCA for the erection of a Class 1 retail development with associated access, roads/car parking, landscaping and ancillary works and facilities on land to the south of Aikerness, Wick.

The Team Leader advised Members that the condition attached to the permission required construction traffic to use an alternative access which avoided the use of the existing access from the A99 to the existing Tesco store. 

The Committee AGREED to the removal of the condition as had been recommended in the report.

9. 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 12.05 p.m.