• Agenda

Minutes of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held in the Royal Hotel, High Street, Tain on Tuesday 20 April 2010 at 10.30am.

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

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
Mrs 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 D Bremner, Mr R Coghill, Mr G Farlow, and Mrs C Wilson.

Mr R Rowantree declared a financial interest in items 3.3 and 4 on the grounds that he was a contractor for a company with wind farm interests, and took no part in the discussion or determination of these items.

The Clerk advised that Mrs C Wilson had declared a financial interest in item 3.1 as a local business person, and confirmed she would not attend the meeting. 

2.  Minutes of Meeting of 9 March 2010

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

Arising from item 4.2 of the Minute, the Committee AGREED that a response be sought in relation to the Clerk’s letter to the Director of Planning and Development sent on behalf of the Committee, requesting that a development brief be provided for the locality of Lamington, given the pressure for further housing development in the area and concerns about overdevelopment.

3. Planning Applications

3.1  Development of a New Supermarket and Petrol Filling Station at Knockbreck  Road, Tain for Asda Stores Ltd 09/00537/PIPSU

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

There had been circulated Report No. PLC-16-10 by the Head of Planning and Building Standards recommending refusal of the application 09/00537/PIPSU by Asda Stores Ltd for the development of a new supermarket and petrol filling station for the reasons set out in the report.

The Committee heard from the Principal Planner in relation to the application. During his presentation he advised that a late objection to the application had been received from GL Hearn, on behalf of the Co-operative Group, a copy of which had been circulated to Members and the applicant, and he outlined the grounds of objection.

Following on from this and during discussion, Members expressed the following views;

• On balance the application should be supported, noting that strong   community support for the application existed in Tain and the wider area, and that the local community council supported the development

• The application should be approved for the following reasons; the strong economic and social benefits for Tain and the wider area; the acceptability of retail expansion in Tain; the retail capacity available with current under provision; the planning acceptability of development on this site; the justification for a sensible and objective interpretation of the sequential assessment based on planning history, and the strong and supportive public representations.  The above reasons satisfied and were in line with policies G1, G2, R1 and  R2 of the current Structure Plan

• Approval should be subject to the recommended conditions set out in the report and additional conditions designed to protect the amenity, character and heritage of the town and the site, with significant emphasis being placed on landscaping and design.

• The consultants (Halcrow) report had confirmed that there was under provision of retail floor space in Tain and in its wider, 30min drive time, catchment area

• The Development Plan emphasised the importance of Tain’s retailing function within Easter Ross and East Sutherland and the demand and need for greater retail choice.  The allocation of land at Knockbreck for future expansion was identified ‘primarily’ for housing but retail use could not be excluded.

• The assessment of whether the application was a significant departure from the Local Plan was a subjective judgement

• The application site represented the best option for a retail store in Tain under the sequential approach

• The development would stop the drift of local people travelling to other retail centres, which was not sustainable and detrimental to the economic well being of Tain

• Strong community support existed for a major retail development in Tain and particularly for this proposal as submitted by ASDA.

• Approval should be subject to additional conditions providing for high quality design and landscaping, incorporating such features as a dry stone boundary wall, indigenous hedging, within car park tree canopy and a non generic design of the main store and ancillary buildings

• The development would result in planning gain for the community as it would stimulate investment in the High Street, attract more people to the area, encourage new business to set up the in town, boost the demand for housing in the community, secure road improvements and affordable housing, promote green travel, and improve the entrance to the town.  Therefore there would be no detriment to the community if the application was approved.

• A contrary view was expressed that it would be detrimental to tourism to have a supermarket located at the main entrance into Tain, and that the community should seek to protect what was presently within the town centre

• It should be for the community to deliver the high quality design and landscaping in conjunction with the developer, rather than the Committee imposing conditions at this stage

• Conditions relating to design and landscaping should be subject to further negotiation at the detailed application stage with all relevant parties, and in consultation with the three local Members

The Principal Planner confirmed that, in the event approval was granted, he would take forward Members’ wish for high quality design / landscaping with the applicant as part of the detailed planning application, and that he was content for the local Members to be involved in this process.

Following further discussion the Committee AGREED to grant the application, in principle, subject to the conditions recommended in Annex D of the report and subject also to the prior conclusion of a s75 agreement securing the matters listed in Annex D or, if considered more appropriate, additional conditions securing those matters. The Committee AGREED that the reasons for granting the application contrary to the planning officer’s recommendation were as follows:

• The strong economic and social benefits for Tain and the wider area.
• The acceptability of retail expansion in Tain.
• The retail capacity available with current under provision.
• The planning acceptability of development on this site.
• The justification for a sensible and objective interpretation of the sequential assessment based on planning history and the strong and supportive public representations.

They considered that the above reasons satisfied and were in line with policies G1, G2, R1 and R2 of the current Structure Plan.

3.2  Extension to Cemetery and Formation of Temporary Haul Road from Kirksheaf Road at St Duthus New Cemetery, Chapel Road, Tain for The Highland Council 09/00419/FULSU

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

There had been circulated Report No PLC-17-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00419/FULSU by The Highland Council for the extension to cemetery and formation of temporary haul road from Kirksheaf Road at St Duthus New Cemetery, Chapel Road, Tain

Responding to questions, the Area Roads and Community Works Manager confirmed that the temporary haul road would be removed immediately the works were completed.

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

3.3   Installation of 6KW Wind Turbine at Stoer Primary School, Stoer, Lochinver for The Highland Council 09/00475/FULSU

There had been circulated Report No PLC-18-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00475/FULSU for the installation of a 6KW wind turbine at Stoer Primary School, Stoer, Lochinver

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

3.4  Erection of Fence at Annandonin, 8 Chapel Hill, Portmahomack for Mrs Ann Mackay 09/00479/FULSU

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

There had been circulated Report No PLC-19-10 by the Area Planning and Building Standards Manager recommending refusal of the application 09/00479/FULSU for the erection of a fence at Annandonin, 8 Chapel Hill, Portmahomack for Mrs Ann Mackay.

During discussion the following views were expressed;

• The applicant had erected the fence on the boundary of the land under her ownership and she had been unaware of any burdens in the title referring to a right of way, or that planning permission was required for the fence.  The Area Planning and Building Standards Manager confirmed that fencing over 1m in height in these circumstances required planning permission.
• Granting permission for the development would contravene the provisions of the Land Reform Act
• Noting that there were other paths in Portmahomack which provided alternative means of access and whether this had a bearing on the right of way issue
• Concern at the precedent that would be created if the development was approved, and which, if the neighbour followed suit, may result in the right of way being blocked
• A query in relation to whether the width of a right of way could be restricted but still allowing for pedestrian access
• The application be deferred to the next meeting to allow the Access Officer to be present to provide advice on the procedure for diverting a right of way, and any other material considerations in relation to the Land Reform Act

Following the debate, Mr W Fernie seconded by Mr G Smith moved that the application be refused for the reasons stated in the report, and enforcement action be pursued under the Town and Country Planning (Scotland) Act 1997 to secure the removal of the fence.

Mr A Rhind seconded by Mr D Mackay moved as an amendment that the application be deferred until the next meeting of the Committee to allow the Access Officer to be present to provide clarification on the procedure to be followed for diverting a right of way.

There being no further amendments, votes were cast by roll call as follows:
For the motion: Mr W Fernie, Mr J McGillivray, Mr M Rattray, Mr W Ross, Mr R Rowantree, Mr G Smith, and Lady M Thurso.

For the amendment: Mr R Durham, Mr D Mackay, Mr A Torrance, and Mr A Rhind.

Accordingly the motion to REFUSE the application and to authorise enforcement action to secure the removal of the fence, including the blockwork support, was carried by seven votes to four and became the decision of the Committee.

Mr A Rhind left the meeting at this point.

4. Electricity Act 1989 – Section 36 – Application to Scottish Government – 22 Turbine

The Principal Planner advised that following the decision of the Caithness, Sutherland and Easter Ross Planning Applications Committee on 9 February 2010 in respect of the above application, the applicant had submitted a further addendum to the Scottish Government, Energy Consent Unit, which deleted 5 turbines from the proposed 22 turbine development west of Dunbeath. This was being advertised for 28 days as from 26 March 2010. He reported that as the changes to the proposals were entirely consistent with the decision of the Committee, the Council would now write to the Scottish Government raising no objections to the application as amended, advising on possible conditions and the requirement for a Section 75 legal agreement, as reported to and amended by the Committee at its meeting on 9 February 2010.  

Members were also presented with a visual image of the development as shown in the addendum.

The Committee NOTED the position.

5.   Scottish Government Directorate for Planning and Environmental Appeals – Erection of 3 Dwellinghouses at Land West of Evelix Cottage, Scotsburn, Lamington for Galliford Try Construction 08/00244/FULSU

There had been circulated appeal decision notice from The Scottish Government’s Directorate for Planning and Environmental Appeals dated 2 March 2010, dismissing the appeal by Galliford Try Construction in respect of the application 08/00244/FULSU for the erection of 3 dwellinghouses at land west of Evelix Cottage, Scotsburn, Lamington

The Committee NOTED the terms of the decision letter.

6.   Delegated Decisions

Members were asked to note the undernoted delegated decisions made during the period from 25 February to 8 April 2010 :-

No. of applications granted  No. of applications refused % of all applications determined within 2 months in period
Caithness 32 0 68.75%
Sutherland & Easter Ross 66 0 68.18%
Highland 297 12 62.78%

The Committee NOTED the information that a complete list can be viewed at /yourenvironment/planning/planningapplications/weekly-planning-bw-lists.htm

The meeting concluded at 12.20pm.