Agendas, reports and minutes

A meeting of the Caithness, Sutherland and Easter Ross Planning Applications and Review Committee will take place in the Assembly Rooms, Sinclair Terrace, Wick on Tuesday 21 April 2009 at 10.30 am.

Members are reminded that in the determination of a planning application, to be entitled to participate in any vote, they must be present throughout all of the proceedings, including the site inspection, if any.

You are invited to attend the meeting and a note of the business to be considered is attached. 

Yours faithfully

Leslie M. S. Johnstone, Head of Legal & Democratic Services
(On behalf of Michelle Morris, Assistant Chief Executive)

Declarations of Interest – Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.   

1.  Apologies for Absence

2.  Minutes of Meeting of 3 March 2009

There is circulated for confirmation Minutes of Meeting held on 3 March 2009.

3. Erection of Retail Store with Associated Fuel Filling Station, Car Parking and access (Approval of Reserved Matters) at former Morrison’s Site, Shore Road, Tain - 08/00453/REMSU

There is circulated Report No. PLC-14-09 by the Assistant Chief Executive seeking approval to amend the reasons of refusal agreed by the Committee on 3 March 2009 in their determination of an application for approval of reserved matters by Santon Retail Ltd/Tesco Stores Ltd for the erection of retail store with associated fuel filling station, car parking and access (Approval of Reserved Matters) at former Morrison’s Site, Shore Road, Tain. 

4.  Planning Applications to be Determined

There are circulated Reports Nos. PLC-15-09 to PLC-19-09 by the Area Planning and Building Standards Manager as follows:-

4.1
Applicant: Mr D Gibson (09/00001/FULCA) PLC-15-09

Location: Housing Site to South of 4 Skaill, Thurso
Nature of Development: Formation of New Vehicular Access
Recommendation: Refuse

4.2
Applicant: Mark Alexander Properties Ltd (09/00023/FULCA and 09/00033/CONCA) PLC-16-09

Location: Former Workshop, Paterson’s Lane, Thurso
Nature of Development: Demolition of Existing Store and Erection of House
Recommendation: Grant

4.3
Applicant:  David Robertson (09/00051/OUTCA) PLC-17-09

Location: 97 High Street, Wick
Nature of Development: Change of Use of Shop to House
Recommendation: Grant

4.4
Applicant:  Mr Morrison (08/00432/FULSU) PLC-18-09

Location: Land 250m North of Bighouse, Trantlemore, Forsinard
Nature of Development: Erection of House and Garage, Installation of New Septic Tank and Soakaway System and Formation of New Access onto Public Road
Recommendation: Refuse

4.5
Applicant:  Mr Dunbar 08/00500/FULCA) PLC-19-09

Location: Land 550m South East of Blacklink, Janetstown, Thurso
Nature of Development: Erection of House with Integral Granny Flat and Detached Garage, Installation of Foul Drainage Treatment Plant to Puriflo Soakaway, and Formation of Vehicular Access
Recommendation: Refuse

5.  Erection of House at Land to Rear of 19 Saltburn for Mr and Mrs A Hogg (09/00121/FULSU)

This application is considered to fall within the scope of Section 39 of the Town and Country Planning (Scotland) Act 1997. This section of the Act gives planning authorities the power to decline to determine certain applications. 

The qualifying criteria are that:

• The new application is substantially the same as an earlier application that had  been refused on appeal;
• The new application has been lodged within 2 years of the date of refusal on  appeal; and
• There has been no material change in policy in the intervening period.

The application meets all of these criteria.  As this power is not delegated to officers, Members will be asked to vote on whether or not they wish to exercise the power to decline to determine the application. If the Committee wishes the application to be determined, this will be delegated to officers in terms of the Scheme of Delegation unless any of the exceptions contained in the Scheme require the application to be reported to Committee in which case a report will be prepared for a future meeting of the Committee.

6.  Enforcement Notice for the Removal of Unauthorised Yurt/Marquee/Tent Used for Residential Purposes at Croit Clais Na H-Airgh Bhig, Upper Lybster

Members will recall that they considered a report at the last meeting of the Committee on 3 March 2009 in which authorisation was sought to issue an Enforcement Notice to secure the removal of a yurt, which is being used for residential purposes, from a croft at Upper Lybster.  The Committee’s decision to serve an Enforcement Notice was reported in the local Press.  Following the article, Ms Waterston, one of the parties on whom the Notice was to be served, contacted the Planning Office to advise that she had not received any of the correspondence sent by the Council.  It would appear that the wrong address had been used and the letters had apparently not then been forwarded to her.  It also appears that the Section 272 Notice requiring confirmation of ownership and use was not properly served.

Ms Waterston wishes the Committee to be aware of this.  She has also asked that any enforcement action be temporarily suspended to allow her to lodge an application for planning permission for the yurt.

In the circumstances, a letter has been sent to Ms Waterston advising her that the enforcement action has been suspended and inviting her to remove the yurt or to lodge a planning application for the unauthorised development within fourteen days of the date of the letter (7 April). 

The Area Planning and Building Standards Manager will provide a verbal update on the matter to the meeting.

7. Update on the Proposals to Construct Facilities for the Disposal of Low Level Waste, Comprising of up to 6 Shallow Sub-surface Vaults and Ancillary Infrastructure on Land to the East of the Existing Dounreay Nuclear Facility, Thurso, Caithness - 06/00373/FULCA

There is circulated Report No. PLC-20-09 by the Head of Planning and Building Standards providing an update on the application 06/00373/FULCA, considered by the Committee on 13 January 2009, for the construction of facilities for the disposal of low level waste, comprising of up to six shallow sub-surface vaults and ancillary infrastructure on land to the east of the existing Dounreay Nuclear Facility, Thurso, Caithness.

8. Scottish Government Directorate for Planning and Environmental Appeals 

The Committee is asked to note the details of the following appeal:
(a) Land at, and Extension to, Access Track at Sallachy Estate, Lairg – Appeal against Service of Enforcement Notice – Appeal Dismissed.

9.  Delegated Decisions

The Committee is asked to note that the list of delegated decisions of planning applications is available via The Highland Council Website.