• Agenda

Minutes of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held in the Duthac Centre, Shandwick Street, Tain on Tuesday 9 March at 10.30am.

Present:
Mr D Mackay
Mr D Bremner
Mr G Farlow
Mr R Rowantree
Mr W Fernie
Mr G Smith
Mr R Coghill
Mr J McGillivray
Mr M Rattray
Mr R Durham
Mr A Torrance

Non-Members also present:
Mrs L Munro
Mr W Mackay

Officials in attendance:
Mr A Todd, Area Planning and Building Standards Manager
Mr C Stewart, Area Roads and Community Works Manager
Mr C Ratter, Environmental Health Manager
Mr V Hawthorne, Team Leader – Caithness
Mr B Robertson, Principal Planner
Ms S Blease, Solicitor (Clerk)
Ms L Mackenzie, Graduate Planner
Ms R Scott, Graduate Planner
Ms 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 W Ross, Lady M Thurso, and Mrs C Wilson, on other Council business.

Mr R Durham declared an interest in item 4.4 below, on the basis that he was a tenant of Balnagown Estates, in which the applicant had a financial interest.

Mr R Rowantree declared a financial interest in items 4.8 to 4.13 and Item 5 on the grounds that he was a contractor for a company with wind farm interests. 

The Area Planning and Building Standards Manager introduced Mr Victor Hawthorne who had recently been appointed to the post of Team Leader for Caithness.

2.    Minutes of Meeting of 8 December 2009

The Minutes of Meeting held on 8 December 2009, copies of which had been circulated with the agenda, were approved.

3.    Minutes of Meeting of 9 February 2010

The Minutes of Meeting held on 9 February 2010, copies of which had been circulated with the agenda, were approved.

4.     Planning Applications

4.1  Erection of House and Garage, Installation of Septic Tank and Soakaway, Installation of Ground Source Heat System, Formation of New Access from Existing Access Track at Land 170m South of North Glastullich Farm, Scotsburn Road, Tain for Mr O Fleming 09/00223/FULSU

There had been circulated Report No. PLC-03-10 by the Area Planning and  Building Standards Manager recommending refusal of the application 09/00223/FULSU by Mr O Fleming for the erection of house and garage, installation of septic tank and soakaway, installation of ground source heat system, formation of new access from existing access track.

During discussion the Members raised the following points;

• Scottish Planning Policy was  supportive of new business ventures
• The provision of a house was an important factor in the applicant’s ability to start up a new business. 
• Tain Community Council’s objection was based on in the impact of any further development on the mussel beds in the Dornoch Firth.  However the development was located 2km away and would have minimal impact 
• The proposed business was at this stage aspirational, and the approval of a new house in the countryside would not make the business more viable
• Aspirational business ventures of this type should be encouraged, the view being expressed that a 30 acre holding could support a family, particularly if there were opportunities for diversification, and would be a welcome addition to the countryside
• There were no material planning reasons to approve the application, contrary to policy and the planning officer’s recommendation
• The proposal was marginal but on balance the applicant should be encouraged and the application approved
• There were other more appropriate sites in the Development Plan which could accommodate developments of this nature.  The application represented ad hoc development in the countryside in a pressurised area, which in the past had not been for the good of communities. 

Responding to questions the Principal Planner advised that approval could be granted subject to a section 75 agreement which would restrict any further housing on the site.  The Clerk advised that the policy guidelines required that a section 75 agreement be used to tie the new house to the agricultural holding or the land associated with a rural business.  She explained that there was, however, no legal means of ensuring that the applicant started up the business.

Mr R Durham seconded by Mr G Smith MOVED that planning permission be refused for the reasons stated in the report.

Mr A Torrance seconded by Mr R Coghill moved as an AMENDMENT that planning permission be granted subject to the prior conclusion of a section 75 agreement to tie the house to the applicant’s land holding and subject to appropriate conditions to be framed by the Area Planning and Building Standards Manager under delegated authority.  The Motion was made on the grounds that the committee were satisfied that an agricultural and rural business management justification had been established and that the development accordingly accorded with policy H3 Housing in the Countryside.

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

For the motion:  Mr D Bremner, Mr R Durham, Mr W Fernie and Mr G Smith.

For the amendment: Mr R Coghill, Mr G Farlow, Mr D Mackay, Mr J McGillivray, Mr M Rattray, Mr R Rowantree, and Mr A Torrance.

Accordingly the AMENDMENT was carried by seven votes to four and became the decision of the Committee.

4.2   Erection of a Single House and Detached Garage with Private Foul Drainage and New Private Access at Land West of Torvaig, Lamington for CLC (Highland) Ltd 09/00409/FULSU

There had been circulated Report No  PLC-04-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00409/FULSU by CLC (Highland) Ltd for the  erection of a single house and detached garage with private foul drainage and new private access at Land West of Torvaig, Lamington subject to the conditions set out in the Report.

The Principal Planner summarised the application and recommended that in view of the Reporter’s comments in respect of an appeal for a nearby site, an additional condition be attached to any permission requiring the developer to submit cross sectional plans detailing the existing and proposed levels on site from a fixed point on the public road.

During discussion the view was expressed that there was the potential for this area to become a village rather than a small rural settlement due to overdevelopment.  It was considered that the Local Plan Team should be asked to undertake further work in this area to provide more definition in relation to what should be permitted in the future to ensure the character of the area was maintained.  Condition 10 set out in the report should also be extended to cover the rest of the site to restrict any further development.

Further points raised expressed concern about the drainage arrangements for surface water and the potential for run off into the nearby river.

Following further debate the Committee agreed to GRANT planning permission subject to the conditions set out in the report, on the basis that in order to prevent overdevelopment Condition 10 be amended so that it applied to the whole of the site and subject to additional conditions requiring the developer to submit cross sectional plans detailing the existing and proposed levels on site from a fixed point on the public road, and to cover surface water drainage requirements.

The Committee also AGREED that the Clerk write on behalf of the Committee to the Director of Planning and Development requesting that a development brief be provided for the locality, given the pressure for further housing development in the area and concerns about overdevelopment.

Mr A Torrance left the meeting at this point.

4.3  Erection of House and Upgrade/Improvement of Access at Plot to North  East of Tulloch Road, Bonar Bridge for Mr B Coghill 09/00316/OUTSU

Mrs L Munro had requested and been granted a local Member vote in relation to this item.

There had been circulated Report No PLC-05-10  by the Area Planning and Building Standards Manager recommending refusal of the application 09/00316/OUTSU by Mr B Coghill for the erection of house and upgrade/improvement of access at plot to north east of Tulloch Road, Bonar Bridge.

During the debate the local Members expressed the following views;

• The applicant, local Members and local community council had made representations in relation to the settlement boundary in this area as part of the Sutherland Local Plan consultation process, but this had not been reflected in the final outcome of the Plan
• Approval of the application would support a young person and his family in the community on land under his ownership, and save him considerable expense of having to acquire a site elsewhere in the village
• The reasons for refusal referred to the impact on amenity, however no objections had been received locally to the application
• There was a need to encourage housing development in a sparsely populated area such as Sutherland, and the settlement boundaries were a barrier to development
• The Local Plan consultation process had not paid heed to the views of local residents, and the settlement development boundary had been foisted upon the community in this case

A contrary view was expressed that the application should be determined in accordance with policy and that, in this case, there were no material reasons to go against the planning officer’s recommendation to refuse the application.

The Area Planning and Buildings Standards Manager confirmed that the applicant had made representations on the draft Sutherland Local Plan seeking to extend the boundary in the area, however the Reporter had recommended that no change be made to the Plan, on the basis he did not perceive any justification for altering the settlement development area at this point.  The Local Plan was due to be adopted by the Council in the near future, and had been used as the basis of the recommendation set out in the report, and would continue to inform the basis of officers’ recommendations in the future.    

Mr George Farlow seconded by Mr R Rowantree MOVED that planning permission be granted subject to conditions to be framed by the Area Planning and Building Standards Manager under delegated authority, with the local Members being informed of the submission of a subsequent application for the approval of matters specified in conditions.   The motion was made on the grounds that (i) the boundary of the settlement development area identified in the deposit draft Sutherland Local Plan was inappropriate in this location, (ii) there would be no adverse impact on amenity in the locality, and this was demonstrated by the fact no objections had been received in relation to the application, (iii) the development would improve an area next to a coal yard, (iv) the application was supported by the local community council, and (v) the development would support young people and development in a much needed area and was therefore in accordance with policy G2 which referred to the need to facilitate the social development of communities.

Mr G Smith seconded by Mr W Fernie moved as an AMENDMENT that the application be refused for the reasons stated in the report.

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

For the motion: Mr R Coghill, Mr G Farlow, Mr D Mackay, Mr J McGillivray, Mr M Rattray, Mr R Rowantree and Mrs L Munro

For the amendment: Mr D Bremner, Mr R Durham, Mr W Fernie and Mr G Smith.

Accordingly the MOTION was carried by seven votes to four and became the decision of the Committee.

4.4  Erection of 6 Private Houses and 2 Affordable Houses, Formation of New Access onto the A839, Installation of Private Foul Drainage System, Erection of Stables and Sand School, As Amended, on Land 290m North East of Rosehall Parish Church, Rosehall for Bocardo S/A 08/00048/FULSU

Mrs L Munro had requested and been granted a local Member vote in relation to this item.

Mr R Durham left the room and took no part in the determination of this item

There had been circulated Report No PLC-06-10  by the Area Planning and Building Standards Manager recommending approval of the application 08/00048/FULSU by Bocardo S/A for the erection of 6 private houses and 2 affordable houses, formation of new access onto the A839, installation of private foul drainage system, erection of stables and sand school on land 290m north east of Rosehall Parish Church, Rosehall.

During discussion additional information was sought on the affordable housing element of the development, and the lettings policy that would apply, and whether the detail could be covered by a section 75 agreement.   The Principal Planner reported that the lettings policy would be a matter for the registered social landlord responsible for the affordable development.  The Clerk advised that discussion between the developer and the Council’s Housing Development section on the precise mechanism for delivering the housing as affordable housing tended to take place only after the application was determined.  The detail agreed once these discussions had taken place would then be reflected in the section 75 agreement.

Regarding the size of the affordable units and a comment that Members had been led to believe they would be the same size as the private houses, the Principal Planner clarified that this had been the subject of discussions between the developer and the Housing Service, and that the size of the affordable units had been based on local market demand for properties.  It was confirmed that there was a variance of sizes across the site, as was also the case with the private properties.

The Committee then agreed to GRANT planning permission subject to the conditions detailed in the report.

Mr R Durham re-joined the meeting at this point.

4.5   Installation of Containerised Wood Pellet Boiler and Associated Equipment at South Lodge Primary School, Castle Avenue, Invergordon for The Highland Council 09/00439/FULSU

There had been circulated Report No PLC-07-10  by the Area Planning and Building Standards Manager recommending approval of the application 09/00439/FULSU by The Highland Council for the installation of containerised wood pellet boiler and associated equipment at South Lodge Primary School, Castle Avenue, Invergordon.

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

4.6 Replace 6 No. Windows on Front Elevation to White UPVC at Sunart,  Latheron for Fiona Polson 09/00341/LBCCA

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

There had been circulated Report No PLC-14-10  by the Area Planning and Building Standards Manager recommending refusal of the application 09/00341/LBCCA by Fiona Polson to  replace 6 no. windows on front elevation to white UPVC at Sunart,  Latheron.

During discussion it was noted that the existing windows were not fit for purpose and that the property would benefit from improvement. The existing windows were not the original windows and approval of the application would not detract any further from the appearance of the listed building.  The proposed UPVC windows would also help to preserve the fabric of the building.  A contrary view was also expressed to the effect that while the recommendation to refuse the application should be supported, a plea should be made to Historic Scotland to permit double glazed timber sash and case windows and to provide grant aid in this regard.

Mr G Smith moved that the application be refused for the reasons stated in the report, but on failing to find a seconder the motion fell.

The Committee then agreed to GRANT listed building consent subject to the prior notification of the application to Scottish Ministers and subject to conditions to be framed by the Area Planning and Building Standards Manager under delegated authority.  The Committee’s reasons for granting consent against recommendation were that the proposed windows would be a material improvement which would help preserve the listed building and there was already a precedent of UPVC windows being used in the terraced block.

4.7 Change of Use of Store to 3 No. Kennels and Hardstanding to Dog Runs, Provision of 2 Parking Spaces at the Highland Council Depot, Wick Airport Industrial Estate for TEC Services, The Highland Council 09/00377/FULCA

There had been circulated Report No PLC-15-10  by the Area Planning and Building Standards Manager recommending approval of the application 09/00377/FULCA by TEC Services, The Highland Council for change of use of store to 3 No. kennels and hardstanding to dog runs, provision of 2 parking spaces at the Highland Council Depot, Wick  Airport Industrial Estate.

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

Mr R Rowantree and Mrs L Munro left the meeting at this point.

4.8 Installation of 6KW Wind Turbine at Dornoch Academy, Evelix Road,  Dornoch for The Highland Council 09/00439/FULSU

There had been circulated Report No PLC-08-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00439/FULSU by The Highland Council for the installation of a 6kw wind turbine at Dornoch Academy, Evelix Road,  Dornoch.

Members considered Items 4.8 to 4.13 in conjunction with one another, and during discussion on these items a number of issues were raised in relation to any associated noise nuisance, the potential cumulative impact associated with the schools in Caithness, concerns about the potential impact of shadow flicker on school children, and the procedure for notifying bat fatalities as required by SNH.

The Area Planning and Building Standards Manager reported that the applications had been fully assessed and any impacts in connection with visual impact, amenity, noise and shadow flicker found to be minimal. It would also be the responsibility of the Education Authority to report any bat fatalities to SNH.

A point was also raised as to whether a business case had been prepared for the proposed installation of the proposed wind turbines.  It was reported that the applications formed part of a package approved by the Education, Culture and Sport Committee the previous year as part of an overall plan to reduce the Council’s energy consumption and carbon output, and that further information on the business case could be provided by the relevant officials to Members on request.

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

4.9  Installation of 6KW Wind Turbine at Inver Primary School, Inver for The Highland Council 09/00446/FULSU

There had been circulated Report No PLC-09-10  by the Area Planning and Building Standards Manager recommending approval of the application 09/00446/FULSU by The Highland Council for the installation of a 6kw wind turbine at Inver Primary School, Inver.

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

4.10 Installation of 5KW Wind Turbine at Durness Primary School for The Highland Council 09/00488/FULSU

There had been circulated Report No PLC-10-10  by the Area Planning and Building Standards Manager recommending approval of the application 09/00488/FULSU by The Highland Council for the installation of a 5kw wind turbine at Durness Primary School, Durness.

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

4.11 Installation of 5KW Wind Turbine at Pulteneytown Academy, Seaforth Avenue, Wick for The Highland Council 09/00402/FULSU

There had been circulated Report No PLC-11-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00402/FULSU by The Highland Council for the installation of a 5kw wind turbine at Pulteneytown Academy, Seaforth Avenue, Wick.

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

4.12 Installation of 5KW Wind Turbine at Wick High School, West Banks Avenue, Wick for The Highland Council 09/00403/FULCA

There had been circulated Report No PLC-12-10  by the Area Planning and Building Standards Manager recommending approval of the application 09/00403/FULCA by The Highland Council for the installation of a 5kw wind turbine at Wick High School, West Banks Avenue, Wick.

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

4.13 Installation of 5KW Wind Turbine at South Primary School, Roxburgh Road, Wick for The Highland Council 09/00405/FULCA

There had been circulated Report No PLC-13-10  by the Area Planning and Building Standards Manager recommending approval of the application 09/00405/FULCA by The Highland Council for the installation of a 5kw wind turbine at South Primary School, Roxburgh Road, Wick.

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

5.   Application for Consent Under Section 36 of The Electricity Act 1989 and  Deemed Planning  Permission Under S57(s) of the Town and Country Planning (Scotland) Act 1997 for the Construction and Operation a Wind Powered Electricity Generation Station, at Baillie, Westfield, Near Thurso, Caithness – Decision of Scottish Ministers

There had been circulated letter from The Scottish Government’s Enterprise, Energy and Tourism Directorate – Renewable Energy Division setting out the decision of Scottish Ministers to grant consent under Section 36 of The Electricity Act 1989 and deemed planning permission Under S57(s) of the Town and Country Planning (Scotland) Act 1997 for the construction and operation of a Wind Powered Electricity Generation Station at Baillie, Westfield, Near Thurso, Caithness.

The Committee NOTED the terms of the decision letter.

6.     Delegated Decisions and Performance

Members noted the undernoted delegated decisions made during the period from 27 November 2009 to 24 February 2010 :-

                     Approved  Refused  % of all applications     % of all applications
                                                 determined within       determined within 2
                                                 2 months in period      in 2009
Caithness              75          1               63.16%               77.05%
Sutherland &
Easter Ross           94          0               60.64%               70.24%
Highland                                             61.60%               64.39%

The Area Planning and Building Standards Manager reported that there had been a noticeable drop in performance over the period recorded, and that much of this could be attributed to factors such as the break over the Christmas/New Year period; the very poor weather conditions which had made travel and site inspections difficult and often impossible; and the ongoing staffing problems in the Wick office which had required continued assistance being given from staff in Golspie with consequential impacts on their application workloads.

Performance is expected to improve again when the new Team Leader takes up his post in Caithness on 8 March.

Members noted that over the course of the calendar year to 31 December 2009, performance in the Area exceeded the Highland average.

7.    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 12.40pm.