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 June 2009 at 10.30am.

Present:
Mr D Mackay
Mr G Farlow
Lady M Thurso
Mr G Smith
Mr R Coghill
Mr J McGillivray
Mr W Ross
Mr M Rattray
Mr R Durham
Mr A Torrance

Non-Members also present:
Mr A Rhind
Ms M Smith

Officials in attendance:
Mr A Todd, Area Planning and Building Standards Manager
Mr C Stewart, Area Roads and Community Works Manager
Mr K McCorquodale, Principal Planner
Mr B Robertson, Principal Planner
Ms S Blease, Solicitor
Miss L Mackenzie, Graduate Planner
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 R Rowantree, Mr W Fernie, on other Council business, and from Mrs C Wilson and Mr D Bremner.

2.  Minutes of Meeting of 19 May 2009

The Minutes of Meeting held on 19 May 2009, copies of which had been circulated with the agenda, were approved, subject to Item 4.6, Paragraph 1, Line 1, being amended to read ‘’Mr M Finlayson, Mr M Rattray and Ms M Smith, the local Members, expressed the following views;’’, and under the same item to Bullet Point 7 being amended so that ‘’’he’’ was deleted and replaced by ‘Mr M Rattray’

3.1 Extension to Kilbraur Wind Farm, Strath Brora for West Coast Energy - 09/00111/S36SU

There had been circulated Report No. PLC-29-09 by the Head of Planning and Building Standards recommending that the Committee does not object to the application 09/00111/S36SU by West Coast Energy for the extension to Kilbraur Wind Farm, Strath Brora.

Principal Planner, Mr K McCorquodale, presented the report and recommendation.

Mr W Ross, one of the local Members, expressed his support for the application subject to an additional condition that access for all heavy traffic associated with the wind farm be routed off the A9 at Drummuie, through Ben Bhraggie wood, and Dunrobin Glen to the site, therefore avoiding local villages.  He also sought an assurance from the developer that the relevant assessments had been undertaken to ensure that there was sufficient material in the existing borrow pits to supply the extension.

Further comments from Members related to the issue of any potential noise nuisance associated with the development, and as to whether planning gain could be secured in relation to Turbine 7. 

The Principal Planner advised that the assessment of noise had been based on assessments of the existing wind farm and future predictions, and that it was recommended that a standard condition be attached to cover any potential future nuisance.  He advised that compensatory planting would be secured from the developer for the loss of any trees, adding amenity to the landscape.  He also suggested that the condition attached to the permission for the existing wind farm relating to the access route for abnormal loads could be repeated in respect of the application for the extension.     

The Committee agreed not to object to the application subject to; (i) the conditions detailed in the report, (ii) the extension of the existing Section 75 Agreement to cover wear and tear to the local road network, amendments to the Conservation Management Plan, a financial bond against radio or communications interference within the local community, and to cover the final restoration of the site, and (iii) an additional condition that access to the site for abnormal loads be taken off the A9(T) road at Drummuie, through the Ben Bhraggie forest access tracks and the U409 Dunrobin Glen Road to the site.

3.2 (i) Erection of 5 Houses and Formation of Separate Access Roads onto the Scotsburn Road, Installation of Septic Tank and Soakaway System, as Amended, to 3 Houses, a Single Access Point onto Scotsburn Road and Individual Septic Tank and Soakaway Systems at land to west of Evelix Cottage, Scotsburn, Lamington for Galliford Try Construction (ii) Erection of 2 Houses with Sewage Treatment Systems and Detached Garages.  Formation of New Shared Access onto Scotsburn/Tain Public Road, as Amended at land to West of Torvaig, Lamington for CLC (Highland) Ltd (iii) Erection of 2 Semi Detached Houses, in Outline. Installation of Septic Tank and Soakaway System at Land East of Kanerva, Lamington for Clement R Munro and Partners and (iv) Erection of House, Installation of Septic Tank and Soakaway System, Formation of New Access onto Scotsburn/Tain Public Road, In Outline, at Land to East of Torvaig, Lamington for Mr B Logue 08/0244/FULSU, 08/00218/FULSU, 08/00258/OUTSU and 08/00424/OUTSU

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-30-09 by the Area Planning and Building Standards Manager  concerning applications for; i) Erection of 5 Houses and Formation of Separate Access Roads onto the Scotsburn Road, Installation of Septic Tank and Soakaway System, as Amended, to 3 Houses, a Single Access Point onto Scotsburn Road and Individual Septic Tank and Soakaway Systems at land to west of Evelix Cottage, Scotsburn, Lamington for Galliford Try Construction 08/0244/FULSU (ii) Erection of 2 Houses with Sewage Treatment Systems and Detached Garages.  Formation of New Shared Access onto Scotsburn/Tain Public Road, as Amended at land to West of Torvaig, Lamington for CLC (Highland) Ltd 08/00218/FULSU (iii) Erection of 2 Semi Detached Houses, in Outline. Installation of Septic Tank and Soakaway System at Land East of Kanerva, Lamington for Clement R Munro and Partners 08/00258/OUTSU and (iv) Erection of House, Installation of Septic Tank and Soakaway System, Formation of New Access onto Scotsburn/Tain Public Road, In Outline, at Land to East of Torvaig, Lamington for Mr B Logue 08/00424/OUTSU. The report recommended that applications 08/0244/FULSU, 08/00218/FULSU, and 08/00424/OUTSU be granted subject to the conditions detailed in the report, and application 08/00258/OUTSU be refused for the reasons stated in the report.

Principal Planner, Mr B Robertson, presented the report and recommendations.

Mr R Durham, expressed the opinion that approval of all the applications would represent overdevelopment, and that this would change the nature of the settlement pattern in the area.  He suggested that application 08/00244/FULSU would be acceptable if restricted to two houses, and it included clear proposals for landscaping to maintain the scattered nature of development.  Applications 08/00218/FULSU and 08/00258/OUTSU would also have been acceptable if each had been restricted to one house. In relation to application 08/00424/FULSU, he would wish to see further discussion between the applicant and the existing owner of the property ‘Torvaig’ on the possibility of upgrading the existing access to Torvaig to form a shared access, thus securing an element of planning gain.

Mr A Torrance, expressed concern at the potential for overdevelopment which would have a detrimental impact on local amenity, and suggested that he would be content to approve application 08/00244/FULSU, on the basis that the site lies within the settlement boundary as defined in the Local Plan.  Application 08/00218/FULSU should, he felt, be refused, on the grounds that only half the site lies within the settlement boundary, and the fact there was a steep access from the site on to a fast stretch of road.  He considered that application 08/00258/OUTSU should be approved for a single house, and application 08/00424/OUTSU should be refused on the grounds of road safety, there also being a steep access onto the main road. 

Mr A Rhind expressed the view that a balance had to be achieved in respect of the level of development permitted and he therefore proposed that permission be granted for two houses in respect of the application 08/00244/FULSU, and approval for one house be granted in the case of each of the three remaining applications.  He also suggested that TEC Services investigate the imposition of a speed limit on the road in this area, local residents having expressed concern at the speed of traffic on this section of the road.

Further comments from other Members related to the fact that the settlement pattern in the area had changed, becoming more concentrated and that the applications should be approved to allow the settlement develop.  A precedent had been created in terms of flexibility being retained in the interpretation of the settlement development boundary.  Road safety was a primary concern, and there was a need to ensure adequate sight lines could be achieved. Guidance from TEC Services was therefore sought on the adequacy of the proposed accesses. Concern was also expressed at the proposed number of septic tanks in the area, advising that this may potentially create problems for the future.  

Additional comments related to the fact that TEC Services had objected to applications 2 and 3, and that this was a material consideration. The settlement development area boundary line was designed to target areas where services exist and therefore where development should be located.  Approval of the applications would result in the loss of croft land at a time when it was the Council’s policy to increase the availability of crofts.

The Area Roads and Community Works Manager advised that based on the assessment of general traffic speed, sight lines of between 120 – 140m were recommended, and confirmed that with careful siting of each access this could be achieved with all of the application sites, with appropriate engineering works.  Thereafter he outlined the Service’s requirements in terms of the acceptable siting of each access.

The Area Roads and Community Works Manager also confirmed that the possible imposition of a speed limit on the road in the settlement area could be investigated, and would involve the analysis of traffic counts and speed.

08/00244/FULSU

Mr G Farlow moved that the application 08/00244/FULSU be refused on the grounds that it represented overdevelopment, and therefore was outwith the acceptability of the Local Plan, and on the grounds that approval would result in the loss of croft land and therefore inhibit crofting entrants into the area.  The motion failed to find a seconder and accordingly fell.

Mr R Durham, seconded by Mr A Rhind, moved that determination of the application 08/0244/FULSU be deferred for the applicant to be given a clear steer that a reduced proposal for two houses would be considered favourably, subject also to landscaping proposals, to access arrangements being subject to further discussions with the Area Roads and Community Works Manager to achieve the best possible access to the site in road safety terms, to the houses having slate roofs and to the application being brought back to Committee for determination.

Mr G Smith moved as an amendment that application 08/0244/FULSU be approved, in line with the Area Planning and Building Standards Manager’s recommendation, subject to the conditions detailed in the report.  The amendment failed to find a seconder and therefore fell.

Accordingly the motion to DEFER determination of the application for the purposes stated above became the decision of the Committee.   

08/00218/FULSU

Mr R Durham, seconded by Mr A Rhind, moved that application 08/00218/FULSU be deferred for the applicant to be given a clear steer that a reduced proposal for one house would be considered favourably, subject also to landscaping proposals, to access arrangements being subject to further discussions with the Area Roads and Community Works Manager to achieve the best possible access to the site in road safety terms, to the house having a slate roof and to the application being brought back to Committee for determination.

Mr G Smith moved as an amendment that the application 08/00218/FULSU be approved, in line with the Area Planning and Building Standards Manager’s recommendation, subject to the conditions detailed in the report.  The amendment failed to find a seconder and accordingly fell.

Mr A Torrance, seconded by Mr G Farlow, moved as an amendment that the application be refused on the grounds that it represented over development of the site and that it did not accord with the Local Plan on the basis that half of the site was located outwith the settlement boundary.

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

For the motion: Mr D Mackay, Lady M Thurso, Mr R Coghill, Mr J McGillivray, Mr W Ross, Mr M Rattray, Mr R Durham and Mr A Rhind.

For the amendment: Mr G Farlow and Mr A Torrance

Mr G Smith abstained from the vote.

Accordingly the motion to DEFER determination of the application for the purposes stated above was carried by eight votes to two and became the decision of the Committee.

08/00258/OUTSU

Mr R Durham, seconded by Mr A Torrance, moved that application 08/00258/OUTSU be deferred for the applicant to be given a clear steer that a reduced proposal for one houses would be considered favourably, subject also to landscaping proposals, to access arrangements being subject to further discussions with the Area Roads and Community Works Manager to achieve the best possible access to the site in road safety terms, to the house having a slate roof and to the application being brought back to Committee for determination.

Mr G Farlow seconded by Mr G Smith moved as an amendment that application 08/00258/OUTSU be refused, in line with the Area Planning and Building Standard Manager’s recommendation, for the reasons stated in the report.

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

For the motion: Mr D Mackay, Lady M Thurso, Mr R Coghill, Mr J McGillivray, Mr W Ross, Mr M Rattray, Mr R Durham, Mr A Torrance and Mr A Rhind.

For the amendment: Mr G Farlow and Mr G Smith

Accordingly the motion to DEFER determination of the application for the purposes stated above was carried by nine votes to two and became the decision of the Committee.

08/00424/OUTSU

Mr R Durham, seconded by Mr A Rhind, moved that application 08/00424/OUTSU be approved subject to the conditions detailed in the report and subject to additional conditions that (a) access arrangements be subject to further discussions with the Area Roads and Community Works Manager to achieve the best possible access to the site in road safety terms, and (b) the house should have a slate roof.

Mr G Farlow, seconded by Mr A Torrance, moved as an amendment that the application be refused on the grounds that the majority of the site is outwith the settlement development area, and that approval would represent overdevelopment.

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

For the motion: Mr D Mackay, Lady M Thurso, Mr G Smith, Mr R Coghill, Mr J McGillivray, Mr W Ross, Mr M Rattray, Mr R Durham and Mr A Rhind.

For the amendment: Mr G Farlow and Mr A Torrance

Accordingly the motion to APPROVE the application subject to the conditions proposed was carried by nine votes to two and became the decision of the Committee.

3.3 Erection of House on Land to West of Sunorra, 17 Arabella for Mr M Ross  09/00086/OUTSU

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

Mr M Rattray had left the room and did not participate in this item.

There had been circulated Report No. PLC-31-09 by the Area Planning and Building Standards Manager recommending approval of the application  09/00086/OUTSU by Mr M Ross for the erection of a house on land to the west of Sunorra, 17 Arabella.

The Area Planning and Building Standards Manager, Mr A Todd, presented his report and recommendation.

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

3.4 Formation of a Breach in Boundary Wall at Manse House, Manse Street, Tain for Jill Turner 09/00105/FULSU and 09/00106/LBCSU

There had been circulated Report No. PLC-32-09 by the Area Planning and Building Standards Manager recommending approval of the applications 09/00105/FULSU and 09/00106/LBCSU by Jill Turner for the formation of a breach in boundary wall at Manse House, Manse Street, Tain.

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

The Committee noted that the application for Listed Building Consent required to be notified to Scottish Ministers in accordance with statutory procedures.

3.5 Change of Use of Agricultural Land/Ex-World War II Airfield Land to Grass Strip Airfield at Land South-East of Fearn Aerodrome, Fearn for David Munro 09/00135/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-33-09 by the Area Planning and Building Standards Manager recommending approval of the application 09/00135/FULSU by David Munro for the change of use of agricultural land/ex-World War II airfield land to grass strip airfield at land South-East of Fearn Aerodrome, Fearn.

The Area Planning and Building Standards Manager, Mr A Todd, presented his report and recommendation.

Mr R Durham, Mr A Rhind and Mr A Torrance expressed the following views;

The Committee had no jurisdiction to apply conditions regarding the issues raised through representations concerning the potential nuisance associated with planes flying over the seaboard villages. The condition recommended in the report that the site be operated between 8am and 8pm would  provide adequate control.

The development would be of benefit to the area and was therefore welcomed.

Access rights over the site were not a material planning consideration.
Since the Environmental Health Authority had no powers under nuisance legislation to take action in relation to aircraft noise, they saw no benefit in restricting the consent to temporary permission for two years so that the position could be monitored as was recommended.

(The Area Planning and Building Standards Manager advised in this regard that temporary approval was being recommended on the basis if a potential nuisance arose over this period then the Committee would have the power to consider whether to renew the permission following the two year period.)

The condition that approval be given for two years should be deleted to provide the applicant with more security in relation to his business operation.
The proposed Condition 6, preventing the storage of fuel on the site was too stringent, and a question was raised as to whether this could instead be covered by SEPA regulations.

(The Area Planning and Building Standards Manager advised that the applicant did not intend to store fuel on the site.)

During discussion other Members queried whether planning gain could be secured from the development to achieve a compensatory reduction in CO2.  Safety issues were also raised, and the need to warn the public taking access over the site and neighbouring properties concerning the proximity of planes coming into land.           

Mr A Rhind, seconded by Mr D Mackay, then moved that the application be approved, subject to the conditions detailed in the report under deletion of the condition that approval be granted for a temporary period of two years.

Mr M Rattray, seconded by Mr G Smith, moved as an amendment that the application be approved subject to the conditions detailed in the report, including the condition that the consent be for a temporary period of two years.

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

For the motion: Mr D Mackay, Mr G Farlow, Mr R Coghill, Mr J McGillivray, Mr R Durham, Mr A Torrance, Mr A Rhind.

For the amendment: Lady M Thurso, Mr G Smith, Mr W Ross, and Mr M Rattray

Accordingly the motion to GRANT the application as a permanent consent but otherwise subject to the conditions recommended in the report was carried by seven votes to four and became the decision of the Committee.

Mr A Rhind and Mr A Torrance left the meeting at this point.

3.6 Conversion of Bookmakers to Form Ethnic Takeaway/Restaurant at Clynebank Racing Premises, Fountain Square, Brora for Mr and Mrs Grant 07/00062/FULSU and 08/00063/FULSU

There had been circulated Report No.  PLC-34-09 by the Area Planning and    Building Standards Manager recommending refusal of the applications for. 07/00062/FULSU and 08/00063/FULSU by Mr and Mrs Grant for the conversion of bookmakers to form ethnic takeaway/restaurant at Clynebank Racing Premises, Fountain Square, Brora.

The Area Planning and Building Standards Manager reported that the applicants had withdrawn both of their applications.

The Committee noted that both applications had been withdrawn.

3.7 Erection of Two Semi-Detached Houses and Detached Garages and Improvement of Existing Access, in Outline, and Erection of House and Detached Garage and Improvement of Existing Access, in Outline at Plot 1, Land North of Tigh Ard, Mosshill, Brora and Plot 2, Land West of Morven, Mosshill, Brora for Mr J Gibbard 08/00297/OUTSU and 08/00298/OUTSU

There had been circulated Report No. PLC-35-09 by the Area Planning and    Building Standards Manager recommending approval of the applications   08/00297/OUTSU and 08/00298/OUTSU for the erection of two semi-detached houses and detached garages and improvement of existing access, in outline, and erection of house and detached garage and improvement of existing access, in outline at Plot 1, Land North of Tigh Ard, Mosshill, Brora and Plot 2, Land West of Morven, Mosshill, Brora for Mr J Gibbard.

The Principal Planner, Mr B Robertson, presented the report and recommendation.

Mr W Ross, indicated that he considered the development accorded with the provisions of the Local Plan and also the Council’s draft Housing in the Countryside policy, and would reflect the character of the local area.  He sought an assurance that there would be full removal of any material associated with its current usage so that full betterment of the site was achieved. 

The Committee agreed to GRANT the application, subject to the conditions detailed in the report and to an additional condition to be framed by the Area Planning and Building Standards Manager requiring the full removal of material relating to its current use as a scrap yard, prior to development commencing on the site.

3.8  Erection of Single Storey House with Integral Garage and Oil Tank at Land  North of Traquair, Sinclair Lane, Halkirk for M M Miller Ltd 09/00145/FULCA

There had been circulated Report No. PLC-36-09 by the Area Planning and  Building Standards Manager recommending approval of the application 09/00145/FULCA by M M Miller Ltd, Wick for the erection of single storey house with integral garage and oil tank at land to North of Traquair, Sinclair Lane, Halkirk for M M Miller Ltd.

The Principal Planner, Mr B Robertson, presented the report and recommendation.

Members queried the timeline for the completion of the development, expressing concern at any potential significant delay in the works being completed, and discussion followed on whether the enforcement notice should remain in force until such time as the works were completed and the building occupied.

The Committee agreed to GRANT the application subject to prior payment of a  relevant sum to the Halkirk Fund, and to the conditions detailed in the report.  It was further agreed that the Enforcement Notice should not be withdrawn until the development was completed and the building occupied, and subject to an additional condition to be framed by the Area Planning and Building Standards Manager ensuring that the garden was not constructed to an impervious finish, to allow rainwater to soak into the ground.

Mr W Ross left the meeting at this point.

3.9 Erection of House, Installation of Septic Tank with Soakaway, Installation of Oil Tank at Land to the South of Braehead, Ulbster for Mr A M O’Brien     07/00285/FULCA

There had been circulated Report No. PLC-37-09 recommending approval of the application 07/00285/FULCA by Mr A M O’Brien for the erection of house, installation of septic tank with soakaway, installation of oil tank at land to the south of Braehead, Ulbster.

The Principal Planner, Mr B Robertson, presented the report and recommendation.

Mr R Coghill cautioned that it was important that the eastern view to the sea be maintained along the A99 road, and not blocked out by development. Mr G Smith indicated that the impact on the seascape arising from this development would be minimal but agreed that along other parts of the A99 the view must be retained.

The Area Roads and Community Works Manager referred to the siting of the soakaway and septic tank on the site, advising that the identified location suffered from poor drainage, and a cautious approach should be adopted in respect of the siting.

The Committee agreed to GRANT the application subject to the conditions detailed in the report, and to the siting of the septic tank and soakaway being reserved from the permission, pending further discussions between the applicant and the Area Planning and Building Standards Manager.

4.     Scottish Government Directorate for Planning and Environmental Appeals

The Committee noted the details of the following appeals:

(i) Erection of a House and Integral Garage at Land to South-East of 3 Front Street, Inver for Mr and Mrs P Raven 08/00242/FULSU – Appeal Dismissed.

(ii) Erection of Timber Chalet for Use as a Holiday Let, Installation of Septic Tank and Soakaway, and Formation of Vehicular Access at Site 1, Land East of Windhaven, Brough, Thurso for Caledonian Iberian ConeXions (UK) Limited 08/00439/FULCA – Appeal Dismissed and No Award of Expenses.

5.    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 1.10pm.