• Agenda

Minutes of Meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held in the Duthac Centre, Shandwick Street, Tain on Tuesday 10 August 2010 at 10.30am.

Present:

Mr D Mackay
Mr R Coghill
Mr W Fernie
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 M Finlayson
Ms M Smith

Officials in attendance:

Mr A Todd, Area Planning and Building Standards Manager
Ms S Blease, Solicitor (Clerk)
Mr B Robertson, Principal Planner
Mrs D Stott, Principal Planner
Ms A Macrae, Administrator
Mrs A MacArthur, Clerical Assistant

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, Lady M Thurso, Mrs C Wilson, and Mr W Ross, on other Council business.

2.        Minutes of Meeting of 1 June 2010

The Minutes of Meeting held on 1 June 2010, copies of which had been circulated with the agenda, were approved.

Arising from items 3.4 and 3.5 of the Minute in connection with two applications for housing developments in Clashnessie, Stoer, Lochinver, Mr G Farlow suggested that there had been more discussion on the poor condition of the spur road in this location, and in regard to developer contributions towards the cost of maintaining and upgrading the road, than had been reflected in the minute. He asked that his comments be recorded for the purpose of the minute of this meeting. 

The Committee AGREED that Mr G Farlow’s comments be recorded in minute, on the basis requested above.

3. Minutes of Meeting of 22 June 2010

The Minutes of Meeting held on 22 June 2010, copies of which had been circulated with the agenda, were approved.

4.        Planning Applications

4.1 Conversion of Steading to Form Six Houses and Erection of Four Houses at Tomich Farm Steadings, Invergordon for Mr Robert Paterson 07/00913/FULRC PLC-30-10 (1153kb pdf)

Ms Maxine Smith had requested and been granted a local Member vote in relation to this application.

There had been circulated Report No PLC-30-10 by the Area Planning and Building Standards Manager recommending approval of the application 07/00913/FULRC for the conversion of Steading to form six houses and erection of four houses at Tomich Farm Steadings, Invergordon.

During discussion the local Members expressed the view that the development was welcome in that it would bring additional housing to the area, boost the local School roll, and contribute to affordable housing provision.  However they had major reservations about granting permission due to the inadequacy of the Tomich junction, and the additional adverse impact on road safety that would result from the traffic generated by the development.  It was reported that the local Members had met with Transerve to discuss the need to upgrade the junction, and that a further meeting between Transerve and the Director of TEC Services would be held shortly. 

Further comments by Members also referred to the need for the upgrading of the Tomich junction to be included as one of the Council’s campaign issues with the Government, the view that development in the area could not be curtailed because of the concerns about the junction, and expressing concern at the lack of directional signs and road markings in this location to inform road users as to who has the right of way.

Following further discussion the Committee agreed to GRANT the application subject to the conditions detailed in the report.  It was further agreed that the Chairman write to the Director of TEC Services expressing the Committee’s concern at the road safety issues associated with the Tomich junction, including the lack of road signs and directional markings in this location, and requesting that this issue form one of the Council’s campaign issues, with a view to improving safety at the junction.

4.2 Erection of Owner/Manager’s House at Land North-West of Milton Lodge, Swordale, Evanton for Mr Robin Gardner 09/00544/PIPSU PLC-31-10 (7678kb pdf)

Mr M Finlayson arrived in the meeting at this point.

Both Mr M Finlayson and Ms M Smith had requested and been granted local Member votes in relation to this application.

There had been circulated Report No PLC-31-10 by the Area Planning and Building Standards Manager recommending approval of the application 09/00544/PIPSU by Mr Robin Gardner for the erection of owner/manager’s house at Land North-West of Milton Lodge, Swordale, Evanton.

The local Member, Mr M Finlayson, raised the following points in relation to the application, including;

• Noting that the applicant may not own the land to allow the applicant to plant a Holm Oak tree to replace the one to be removed at the junction as part of the proposed access improvements.
• Expressing caution regarding the level of ribbon development along this road, and the associated impact on the condition of Swordale Road.  The heavy construction traffic generated by this development would also impact on the condition of the road. Consideration should therefore be given to the point at which any further development should be restricted due to the impact on the road. 
• It was suggested that the development would reduce the level of traffic associated with the management of the land. However the recreational activities that would be associated with the development could generate additional traffic in this area.
• The potential for a speed restriction to be introduced on Swordale Road should be investigated.

Further comments from Members included;

• Approval of the application should be subject to a Section 75 Agreement covering the management of the land, rather than controlled by condition as recommended in the report
• The development should be supported on the grounds that it was better to have woodland managed locally, and that the condition of the single track road in this area was much better than in other parts of the Highlands

Responding to questions Mrs D Stott, Principal Planner, clarified that while it was appropriate to use a condition to tie the management of the land to the development, she acknowledged that it was less easily enforced than a legal agreement.  However the current advice from the Government was that Section 75 Agreements should only be used where essential, and this was not the case in respect of this application. Therefore it was recommended that this matter be controlled by condition.

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

4.3 Erection of Potato Storage Building and Weighbridge, Formation of Access Road and Concrete Aprons at Land 325M SW of Arabella Car Park, Arabella for Crudie Farms 10/02384/FUL PLC-32-10 (2150kb pdf)

There had been circulated Report No PLC-32-10 by the Area Planning and Building Standards Manager recommending approval of the application 10/02384/FUL by Crudie Farms for the erection of potato storage building and weighbridge, formation of access road and concrete aprons at Land 325m SW of Arabella Car Park, Arabella.

Mr B Robertson, Principal Planner, reported that if the Committee was minded to approve the application, he recommended that additional conditions be added to those set out in the report, covering the external lighting of the building to cover the type, location and timing of the lighting, and also hours of operation. 

It was also reported that a late letter of representation dated 4 August 2010 had been received from Kilmuir and Logie Easter Community Council objecting to the proposal on a number of grounds.  Copies of the letter had been circulated to all Members.

A number of points were raised in discussion as follows;

• While welcoming the economic benefits associated with the development reservations were expressed regarding the site chosen by the applicant given the strength of local feeling opposing the chosen location. The developer should be asked therefore to consider other sites in the area which would be more acceptable to the local community.
• This would be a large development located in an area where the landscape was flat, and it would be difficult to minimise the adverse visual and amenity impact on local residents.
• There were no other farm steadings of this size in the area, and therefore it was out of keeping with the local character of the area.
• Cautioning that if Members refused or failed to determine the application then it was likely that a Reporter would approve it under appeal, removing the Council’s control over the conditions on which permission was granted.
• Querying the drainage arrangements which formed part of the application, in light of concerns expressed by Kilmuir and Logie Easter Community Council.
• The applicant should be asked to consider locating the development on a site at the other end of Arabella which would be more acceptable to the local community.
• In the event that permission was granted for the development, consideration should be given to extending the speed limit on the local road network.
• The development was acceptable in planning terms and should be approved, subject to additional conditions to provide for more screening, and also to cover external lighting, and hours of operation
• The impact the development would have on visual amenity was a valid planning reason for refusing the development, and it was not certain therefore that a Reporter would uphold any subsequent appeal.
• Caution should be exercised in attaching any condition restricting operating hours, particularly during the harvest period.
• The application should be deferred to allow further discussions to take place with the applicant on possible alternative sites.

Mr B Robertson, Principal Planner, reported that a private foul drainage system and engineered surface water system would be installed by the developer.  The developer had also confirmed that they did not wish their hours of operation to be restricted, particularly in the harvest period, advising that this would impact on their ability to supply their customers.

Ms M Smith left the meeting at this point.

Following further discussion Mr R Durham seconded by Mr R Rowantree moved that the application be deferred to the next meeting of the Committee to allow clarification to be sought on;

• Hours of operation
• External lighting
• Noise levels associated with the refrigeration plant
• The potential for both weight and speed restrictions to be imposed on the local road network
• Detailed information on possible alternative sites and why they had been discounted

Mr G Smith seconded by Mr W Fernie moved as an amendment that the application be granted in accordance with the recommendation set out in the report.

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

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

For the amendment: Mr W Fernie, Mr G Smith.

Accordingly the motion to DEFER the application until the next meeting of the Committee for the reasons stated was carried by eight votes to two and became the decision of the Committee.

4.4     Erection of 3 New Houses, Installation of Septic Tanks and Soakaways at Land to South East of Tulloch House, Lairg Road, Bonar Bridge for Mr and Mrs Currier 10/01760/FUL, 10/01762/FUL and 10/01770/FUL  PLC-33-10 (283kb pdf) | 10 A (240kb pdf) | B (3144kb pdf) | C (81kb pdf) | D (2575kb pdf) | E (78kb pdf) | F (2878kb pdf) | G (112kb pdf)

There had been circulated Report No PLC-33-10 by the Area Planning and Building Standards Manager recommending refusal of the applications 10/01760/FUL, 10/01762/FUL & 10/01770/FUL by Mr and Mrs Currier for the erection of 3 new houses, installation of septic tanks and soakaways at Land to South East of Tulloch House, Lairg Road, Bonar Bridge

The Area Planning and Building Standards Manager reported that the applicants had asked for this item to be withdrawn from the agenda.

The Committee AGREED to the application being withdrawn from the agenda at the applicants’ request.

4.5     Erection of House at Land to South of Parkhead, Whitefield, Castletown for Mrs Rosemary Campbell 10/01601/FUL PLC-34-10 (69kb pdf)

There had been circulated Report No PLC-34-10 by the Area Planning and Building Standards Manager recommending refusal of the application 10/01601/FUL by Mrs Rosemary Campbell for the erection of house at land to south of Parkhead, Whitefield, Castletown.

The Area Planning and Building Standards Manager reported that TEC Services had requested that the applicant provide a passing place, and that this had been omitted from the appropriate section of his report.  A letter from the applicant’s agent, Mr D Green, dated 30 July 2010 had also been received, and circulated to all Members, setting out the justification for the development both for family reasons and in relation to agricultural need.

The Area Planning and Building Standards Manager confirmed that in terms of the relevant policies, there was a presumption against development in this area unless exceptional need could be demonstrated.  He advised that the reasons outlined in the agent’s letter were inadequate in terms of justifying exceptional need, and that an independent operational needs assessment would be required before agricultural need could be founded upon as a justification for the grant of permission.

During discussion Mr R Coghill, one of the local Members expressed the view that the development accorded with policies G1, G2 and H3, and suggested that the Local Plan in this area was out of date.  The applicant was a recognised horse breeder in the area and this, together with the family reasons outlined, provided sufficient justification for a house in this location.  However the applicant had not understood that independent confirmation of agricultural need was required. 

Reference was also made by Members to the fact that a report was due to be considered at the next meeting of the Planning, Environment and Development Committee recommending that the Council’s Housing in the Countryside Supplementary Guidance be amended to remove the outlying areas of Caithness from the Hinterland around Towns policy.

The view was also expressed that there had been no material change to the original application which had been refused, with the subsequent appeal by the applicant being dismissed by the Reporter, and therefore the application should be refused.  

Following further discussion the Committee AGREED to defer the application to allow the applicant’s agent the opportunity to provide the Planning Authority with an independent operational needs assessment demonstrating agricultural need for the development.

5.    Scottish Government Directorate for Planning and Environmental Appeals 

 The Committee was asked to note the details of the following appeal; Item 5 (1589kb pdf)

(a) Erection of 5 Wind Turbines, 60m High to the Hub, Formation of Access Roads and Associated Infrastructure, Construction Compound and Electrical Control Building (In Detail) and Formation of Visitor Centre comprising of Fishing Lochan with Enclosed Crannog Style Centre, Archaeological Trail and Woodland Walk (in Outline) at Land to the North of Broubster Cottage, West Shebster, Thurso for Mr and Mrs C Sutherland and Family 05/00594/FULCA – Appeal Dismissed.

The Committee NOTED the outcome of the appeal.

6.    Delegated Decisions and Performance

Members were asked to note the undernoted delegated decisions made during the period from 22 May to 30 July 2010:

Caithness:
Number of applications determined in two months: 69
Number of applications refused: 0
Percentage of all applications determined in two months:  76.81%
Percentage of applications determined in two months since 1 January 2010:  65.85%

Sutherland and Easter Ross:
Number of applications determined in two months:  89
Number of applications refused:  3
Percentage of all applications determined in two months:  73.91%
Percentage of applications determined in two months since 1 January 2010:  71.76%

Highland:
Percentage of applications determined in two months since 1 January 2010:  59.62%

The Commitee NOTED the information, and that a complete list could be viewed at Planning.

The meeting concluded at 12.45pm.