• Agenda

Minutes of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held in the Duthac Centre, Shandwick Street, Tain on Tuesday 1 June 2010 at 10.30am.

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

Non-Members also present:
Mr W Mackay

Officials in attendance:
Mr A Todd, Area Planning and Building Standards Manager
Mr C Stewart, Area Roads and Community Works Manager
Mrs S Blease, Solicitor (Clerk)
Mr B Robertson, Principal 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 R Coghill, Mr W Fernie, Lady M Thurso, Mrs C Wilson, and Mr W Ross, on other Council business.

Mr R Durham declared a financial interest in item 3.1 on the grounds that the applicant was his landlord, and left the meeting during the determination of the item.  

2.       Minutes of Meeting of 20 April 2010

The Minutes of Meeting held on 20 April 2010 , copies of which had been circulated with the agenda, were approved.

Arising from the Minute, and with reference to the meeting venues, the Committee AGREED that consideration be given to holding a future meeting in the North and West Sutherland Ward, should there be a number of applications on the agenda located within that area.

3.        Planning Applications

3.1 Formation of 26 Building Plots (Amended from 22) with Associated Roads and Drainage at Land to North East of The Haven, Station Road, Edderton for The Ross Estates Company 08/00477/FULSU

Note: Mr R Durham left the meeting at this point.

There had been circulated Report No.  PLC-20-10  by the Area Planning and Building Standards Manager recommending approval of the application by the Ross Estates Company for the formation of 26 building plots, amended from 22, with associated roads and drainage at land to north east of The Haven, Station Road, Edderton.

The Principal Planner presented the report and recommendation.  He advised that since the report had been circulated, Scottish Water had confirmed that the new waste water treatment works would have capacity to accommodate the proposed development.

During the discussion on this application, Members expressed the following views;

• The imposition of a reduced speed limit at the junction with the A836 should be considered, in view of the fact that school children crossed the road at this point.
• The proposed footway to connect the site to the village should extend all the way in to the development.
• Edderton Community Council was supportive of the application, and had been in discussions with Scottish Water regarding the waste  water capacity to ensure that further development in the village could be accommodated.
• The construction of the road should be completed, prior to the development of the plots and advertisement of them for sale on the open market, to safeguard against part of the site lying undeveloped should there not be the expected demand for housing in the area.
• A formalised pedestrian crossing should be introduced at the junction with the A836, in the interests of pedestrian safety.
• The opportunity for the applicant and the developer of a potential housing site nearby to share the infrastructure costs.
• The opportunity for a formalised pedestrian crossing and the introduction of a 20mph speed limit under safer routes to schools to be covered by a Section 75 Agreement.

The Principal Planner confirmed that the proposal was for the construction of the road to proceed on a phased basis, given the high capital costs involved. There would be an element of shared surfacing within the development, which it was likely would not be adopted. It would be more appropriate for any proposed traffic calming measures to be dealt with under the road construction consent, as opposed to a Section 75 Agreement.  

The Area Roads and Community Works Manager reported that traffic calming measures included a raised junction with the A836, and proposals to formalise a pedestrian crossing on this section of the road.   There were no proposals to reduce the speed limit in this area under safer routes to schools, given that Edderton Primary School already benefited from a 20mph limit and that this was a drop off point for more senior pupils attending secondary school outwith the village.  As part of the road construction consent, negotiations would take place with the developer regarding the extent to which the roads within the development would be adopted.  The timescale for completion of the road, and traffic calming and pedestrian safety improvements would also be considered as part of the road construction consent process. 

The Committee AGREED to grant the application subject to; (i) the conditions detailed in the report, and (ii) the prior conclusion of a Section 75 Agreement to secure an appropriate level of affordable housing on the site, an appropriate financial contribution to mitigate the impact of the proposal on the school, a developer contribution for the improvement of play area provision at an appropriate alternative location and, if appropriate, ongoing maintenance for the open public amenity space, including that adjoining the stone circle Scheduled Ancient Monument. 

Mr R Durham returned to the meeting at this point.

3.2  Erection of House and Improvement of Existing Access, Installation of Septic Tank and Soakaway at Land 100m North West of Greenacres, Portmahomack for Mr Allan Summers 10/01448/MSC

There had been circulated Report No PLC-21-10 by the Area Planning and Building Standards Manager recommending approval of the application 10/01448/MSC by Mr Allan Summers for the erection of house and improvement of existing access, installation of septic tank and soakaway at land 100m north west of Greenacres, Portmahomack.  The Principal Planner presented the report and recommendation.

During discussion reference was made to the proposed external finishes of the house, and it was suggested that the provision of a slate roof and wet dash harling would be more in keeping with the local area.  A contrary view was expressed that such an imposition would be unfair on the applicant.

Mr R Durham seconded by Mr A Torrance moved that the application be granted, in line with the recommendation set out in the report, subject to Condition 8 in the report being amended to require a slate roof and wet dash harling.

Mr G Smith seconded by Mr D Bremner moved as an amendment that the application be granted subject to the conditions detailed in the report.

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

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

For the amendment: Mr D Bremner, Mr M Rattray, and Mr G Smith

Accordingly the motion to GRANT the application subject to the conditions detailed in the report, with Condition 8 being amended to provide for a slate roof finish and wet dash harling, was carried by six votes to three and became the decision of the Committee.

3.3     Installation of Replacement Illuminated and Non Illuminated Signs at Bank of Scotland House, Tower Street, Tain for Bank of Scotland 10/01268/ADV and 10/01269/LBC

There had been circulated Report No PLC-22-10 by the Area Planning and Building Standards Manager recommending approval of the application 10/01269/LBC by the Bank of Scotland  for the installation of replacement illuminated and non-illuminated signs at Bank of Scotland House, Tower Street, Tain.  The Principal Planner presented the report and recommendation.

The Committee AGREED to grant the applications subject to the conditions detailed in the report, subject to the application for Listed Building Consent being first notified to Scottish Ministers.

3.4    Provision of Serviced House Site, Including Installation of Septic Tank with Outfall to the Sea (Amended Proposal to Previous Permission Ref: 04/00257/FULSU) at Land to East of 296 Clashnessie, Lochinver for Mr K Mackenzie 09/00568/PIPSU

There had been circulated Report No PLC-23-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00568/PIPSU by Mr K Mackenzie for the provision of serviced house site, including installation of septic tank with outfall to the sea (amended proposal to previous permission Ref: 04/00257/FULSU) at land to east of 296 Clashnessie, Lochinver.

The Principal Planner reported that the applicant had confirmed that he would be willing to enter into a legal agreement restricting development on the site to one house.

During discussion the following matters were raised;

• The development was located in a fragile area, and the lack of Council investment in the maintenance of the Clashnessie road over the years should not be used as a reason to restrict further housing development in the area. The opportunity existed for the road to be upgraded if the relevant priorities were adjusted.
• Refusal of the application on the basis of the substandard road infrastructure would create an unacceptable precedent for fragile areas such as North and West Sutherland, stifling any future development and leading to depopulation. 
• The developer should be requested to make a contribution to the maintenance of the road, as a condition of any permission, and in line with the policy set out in the new Sutherland Local Plan for Clashnessie.
• Developers should not be penalised for the lack of investment in the road network in this area, compared to other parts of the Highlands, by the requirement to contribute to the upkeep of the road.  TEC Services should review its maintenance priorities in this area.
• The opportunities which existed for a fund to be established, and external contributions to be secured towards road repairs for roads in this area.
• The Council’s financial constraints should be recognised by Members, and a condition be attached to the permission seeking a developer contribution, in line with the advice from TEC Services, the level of which should be agreed by the relevant officials.

The Area Roads and Community Works Manager confirmed that the section of road referred to was an 800m spur off the main B869, and that the Service’s priority in this area was to maintain the main road.  A limited level of maintenance had been undertaken to the spur road, appropriate to its classification as a priority 4 route, and as a spur serving four houses. He was concerned at the impact any further construction traffic would have on the poorly constructed spur, and confirmed that, due to insufficient resources, developer contributions would be required to undertake any further work. 

The Principal Planner confirmed that the new Sutherland Local Plan specifically noted that the road leading north of Clashnessie Bay was fragile and therefore the developer contributions would be required.

Following further discussion, Mr G Farlow seconded by Mr R Rowantree moved that the application be granted, subject to the conditions detailed in the report, and to an appropriate legal agreement restricting development on the site to one house.

Mr D Bremner seconded by Mr G Smith moved as an amendment that the application be granted subject to the conditions detailed in the report, an appropriate legal agreement restricting development on the site to one house, and subject to an additional condition requiring a developer contribution towards the maintenance of the spur road, the level of which to be agreed by the relevant Council officials.

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

For the motion: Mr G Farlow, Mr D Mackay, Mr J McGillivray, Mr R Rowantree and Mr A Torrance.

For the amendment: Mr D Bremner, Mr R Durham, Mr M Rattray, and Mr G Smith.

Accordingly the motion to GRANT the application subject to the conditions detailed in the report and a Section 75 Agreement restricting development on the site to one house, was carried by five votes to four and became the decision of the Committee.

3.5   Erection of Extension to Provide Semi-Detached House, Installation of Septic Tank with Outfall to Sea at Laid 291, Clashnessie, Stoer, Lochinver  for Ms V Ling and Mr D Slator 10/00040/FULSU

There had been circulated Report No PLC-24-10 by the Area Planning and Building Standards Manager recommending approval of the application 10/00040/FULSU by Ms V Ling and Mr D Slator for the erection of extension to provide semi-detached house, installation of septic tank with outfall to sea at Laid 291, Clashnessie, Stoer, Lochinver.  The Principal Planner presented the report and recommendation.

During discussion the view was expressed by one of the local Members that this was an extension to an existing house and therefore there would be no significant impacts associated with the development.  Other Members noted that the same issues applied to the development as to item 3.4 above.

Thereafter Mr R Rowantree seconded by Mr G Farlow moved that the application be granted, subject to the conditions detailed in the report.

Mr D Bremner seconded by Mr G Smith moved as an amendment that the application be granted subject to the conditions detailed in the report, and to an additional condition requiring a developer contribution towards the maintenance of the spur road, the level of which to be agreed by the relevant Council officials.

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

For the motion: Mr G Farlow, Mr D Mackay, Mr J McGillivray, Mr R Rowantree and Mr A Torrance.

For the amendment: Mr D Bremner, Mr R Durham, Mr M Rattray, and Mr G Smith.

Accordingly the motion to GRANT the application subject to the conditions detailed in the report, was carried by five votes to four and became the decision of the Committee.

Mr M Rattray left the meeting at this point.

3.6 Erection of House, Installation of Septic Tank and Soakaway, Formation of New Access  to Public Road at 139 Clachtoll, Lochinver for Mr E C Forsyth 10/00066/PIPSU

There had been circulated Report No PLC-25-10 by the Area Planning and Building Standards Manager recommending refusal of the application 10/00066/PIPSU for Mr E C Forsyth for the erection of house, installation of septic tank and soakaway, formation of new access to public road at 139 Clachtoll, Lochinver.  The Principal Planner presented the report and recommendation.

Members expressed concern at the impact the development would have on road safety given that the applicant could only achieve a visibility splay of 30m, as opposed to TEC Services requirement of 90m, noting the advice in the report that the proposed access, if approved, would present a significant danger to road users.

The Committee REFUSED the application for the reasons set out in the report.

3.7 Erection of House, Installation of Septic Tank and Soakaway, Renovation of Derelict Croft House at Bainstown Croft, Stainland, Thurso for Mr Frank Bremner 09/00445/FULCA

Mr W Mackay had applied for and been granted a local Member vote in relation to this application.

There had been circulated Report No PLC-26-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00445/FULCA by Mr Frank Bremner for the erection of house, installation of septic tank and soakaway, renovation of derelict croft house at Bainstown Croft, Stainland, Thurso.

The Area Planning and Building Standards Manager recommended that if Members were minded to approve the application then an additional condition be attached requiring that the croft house on the site be renovated as ancillary accommodation within 1 year of occupation of the house.

During discussion Members welcomed the high quality of the design, and the fact that the development was in keeping with the local setting.

The Committee AGREED to grant the application subject to the details in the report and an additional condition requiring that the croft house on the site be renovated as ancillary accommodation within 1 year of occupation of the house.

3.8 Convert Ground Floor Flat into Office at 7B Tom Matheson Court, Thurso for Cairn Housing Association Ltd 10/00041/FULCA

There had been circulated Report No PLC-27-10 by the Area Planning and Building Standards Manager recommending approval of the application 10/00041/FULCA by Cairn Housing Association Ltd for the conversion of ground floor flat into office at 7B Tom Matheson Court, Thurso .

The Area Planning and Building Standards Manager recommended that if Members were minded to approve the application then an additional condition be attached specifying that the office shall only be occupied by persons involved in the management and delivery of the housing service.

During discussion a view was expressed that the residents would receive a better service with the office accommodation being located on site.

The Committee AGREED to grant the application subject to the conditions detailed in the report and an additional condition specifying that the office be occupied only by persons involved in the management and delivery of the housing service.

3.9 Re-Roofing of Remaining Flat Roofs to Pitched Roof Construction at Castletown Primary School, Castletown, Thurso for The Highland Council 10/01178/FULCA

Mr W Mackay had applied for and been granted a local Member vote for this item.

There had been circulated Report No PLC-10-28 by the Area Planning and Building Standards Manager recommending approval of the application 10/01178/FULCA for The Highland Council for the re-roofing of remaining flat roofs to pitched roof construction at Castletown Primary School, Castletown, Thurso .

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

4.    Scottish Government Directorate for Planning and Environmental Appeals


The Committee was asked to note the details of the following appeals and motions for expenses:

(i) 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 for Santon Retail Ltd/Tesco Stores Ltd (08/00453/REMSU) – Appeal Allowed and Award of Expenses against the Council.

During discussion, Cllr A Torrance indicated that he had asked the Chief Executive to examine the possibility of an appeal against the decision to the Court of Session.

(ii) Erection of Waste to Energy Combined Heat and Power Plant at Land at Cromarty Firth Industrial Estate, Invergordon for Combined Power and Heat (Highlands) Ltd 08/00455/FULRC – Appeal Allowed and Award of Expenses against the Council.

Arising from this item Cllr Farlow questioned the terms of paragraph 4 of the decision letter on the award of expenses insofar as Highland was being treated as a single entity for the purposes of waste management

Thereafter the Committee NOTED the outcome of both appeals and both motions for expenses.

5.    Delegated Decisions and Performance

Members were asked to note the undernoted delegated decisions made during the period from 9 April to 21 May 2010 :-

                       No. of          No. of          % of all                % of all
                    applications   applications    applications          applications
                      granted        refused      determined          determined
                                                      within 2 months    within 2 months
                                                           in period           since 01/01/10

Caithness             35             2               70.27%            63.20%

Sutherland 
and Easter Ross    70             0               90.00%            73.76%

Highland              309           7               66.46%            61.00%

The Committee NOTED the information, and that a complete list could be viewed on the Council website here.

The meeting concluded at 1.20pm.