• Agenda

Minute of the meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held in the Assembly Rooms, Sinclair Terrace, Wick on Tuesday, 9th November 2010 at 11.00 am.

Committee Members Present

Mr D Bremner
Mr R Coghill
Mr G Farlow
Mr B Fernie
Mr D Mackay
Mr J McGillivray
Mr M Rattray
Mr G Smith

Non-Committee Members Present:

Mr W Mackay (Items 4.2, 4.3 and 4.4)

Officials in attendance:

Mr A Todd, Area Planning and Building Standards Manager
Ms S Blease, Solicitor (Clerk)
Mr K McCorquodale, Principal Planner
Mr V Hawthorne, Team Leader, Wick
Mr B Robertson, Principal Planner
Mrs D Stott, Principal Planner
Mr I Moncrieff, Principal Engineer, TECS
Mr C Ratter, Area Environmental Health Manager, TECS
Mrs A MacArthur, Clerical Assistant

Mr Donnie Mackay in the Chair

Business

1. Apologies for Absence and Declarations of Interest

Apologies were received from Mr Richard Durham, Mr Ian Ross, Mr Robbie Rowantree, Lady Marion Thurso, Mr Alan Torrance and Mrs Carolyn Wilson.   

Mr Martin Rattray declared a non-financial interest in item 4.3 as he knows the applicant.  

Mr George Farlow advised in relation to item 4.6 as he was on the Fisheries Harbour Management Board of the Highland Council which currently held the lease of this property.  He did not consider, however, that this remote interest prevented his taking part and voting on the item.   Mr Graeme Smith declared the same interest as Mr Farlow.

2. Confirmation of Minutes

There had been circulated for confirmation the minute of the meeting of the Committee held on 28th September 2010.  The minute was held as read and approved.

3. Items Previously Considered

3.1 Applicant: Mr Paul Hart (10/02658/FUL) (PLC-040-10 (670kb pdf))
Location: Caledonian Hotel, Main Street, Portmahomack
Nature of Development: Change of Use of Caledonian Hotel into a Domestic Dwelling

There had been circulated Report No PLC/040/10 together with previous report PLC/035/10 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein.

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

The Committee agreed the recommendation to grant planning permission subject to the conditions recommended in the report.

4. Planning Applications

4.1 Applicant: Mr Keith Kennedy (10/00039/FULSU) (PLC-041-10 (1106kb pdf) )
Location: Kiltearn House (Steading), Kiltearn, Evanton
Nature of Development: Holiday Letting Unit

There had been circulated Report No PLC/041/10 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein.

The Principal Planner, Mrs Dorothy Stott, presented the report and recommendation.

During debate, Mr M Rattray asked whether it would be appropriate to require a Section 75 agreement to strengthen the proposed restriction on use of the unit for holiday letting and restriction on its sale separately from Kiltearn House (Steading). 

Mrs Stott agreed that a Section 75 agreement on these terms was possible. 

Mr G Farlow asked the Planning Service to note that he wished any future application to extend the holiday letting unit to be brought back to Committee. 

The Committee agreed the recommendation to grant planning permission subject to the conditions recommended in the report and, subject to the agreement of the applicant, to the prior conclusion of a Section 75 Agreement to ensure that the holiday unit be used for holiday letting purposes only and to ensure that it could not be sold off separately from Kiltearn House (Steading).   

4.2 Applicant: Mr Gavin Sinclair (10/02610/FUL) (PLC-042-10 (505kb pdf))
Location: Lower Fens, Camilla Street, Halkirk
Nature of Development: Change of Use of Workshop Area to Business Store, Office and Compound.  Vary terms of Condition 6 attached to Previous Planning Permission Ref 08/00378/REMCA. 

Mr Willie MacKay had requested and been granted a local member vote for this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/042/10 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein.

The Team Leader, Mr Victor Hawthorne presented the report and recommendation.

During debate, Mr Robert Coghill noted the concerns of the Environmental Health Officer relating to hours of operation and noise but agreed with the Team Leader that restricting hours of operation to the times suggested was unreasonable.

Mr Willie MacKay expressed support for the application to allow the small business to grow and felt the bellmouth access would help free movement of vehicles. 

The Committee then agreed the recommendation to grant planning permission subject to the conditions recommended in the report.

4.3 Applicant: NES Engineering Ltd (10/02801/FUL) (PLC-043-10-Part 1 (1855kb pdf)  |  PLC-043-10-Part 2 (743kb pdf))
Location: NES Engineering Ltd, Bower, Wick
Nature of Development: Extension to Security Fencing – Reduction in height of Earth Spoil Heap – Extension to Hardcore Lay Down Area – Provision of Gas Storage Compound – Dedicated Container Parking Area – and Installation of Diesel Oil Storage Tanks.

Martin Rattray having declared a non financial interest in this application left the room for the duration of this item.

Mr Willie MacKay had requested and been granted a local member vote for this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/043/10 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein.

The Team Leader, Mr Victor Hawthorne, presented the report and recommendation.

During debate, Mr Willie Mackay expressed support for the application and the measures being taken to address previous concerns. 

Mr Robert Coghill also expressed support for the proposal to reduce the height of the earth bunding which he considered unsightly.

Mr George Farlow expressed concern at potential light pollution and asked that the applicant be encouraged to engage with the Council in reducing lighting.  Expressing concern for the same issue, Mr Coghill asked that the applicant be required to ensure that the security lighting faced into the business premises and not spilling out on to the street. 

Mr Hawthorne advised that the first thing the Planning Service had to establish was whether the lighting was causing a problem, If it was, this would be addressed by requiring repositioning of the lighting or the fitting of hoods to ensure that spillage was contained within the work place where it was required for the health and safety of the workforce.  The Planning Service would be monitoring the issue as the development proceeded. 

Mr Graeme Smith expressed concern that this application catered for the expansion needs of the business but did not address the issue of breach of the original conditions which had given rise to several representations from neighbours whose amenity had been affected.  He sought assurance that the new conditions would be robustly monitored and enforced.  Mr Hawthorne gave his assurance that the conditions would be enforced.

The Committee then agreed the recommendation to grant planning permission subject to the conditions recommended in the report.

4.4 Applicant: Natural Land 1 LLP (10/03502/FUL) (PLC-044-10 Part 1 (234kb pdf)  |  PLC-044-10 Part 1 (234kb pdf))
Location: John O’Groats House Hotel, John O’Groats, Wick
Nature of Development: Alterations, Extension and Change of Use of Hotel to Holiday Apartments; Erection of Detached Holiday Units (23 No); Alteration and Extension to Existing Journey’s End Café Bar, and an Ancillary Services Building

Mr Willie MacKay had requested and been granted a local member vote for this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/044/10 by the Area Planning and Building Standards Manager recommending grant of planning permission subject to the conditions detailed therein.

The Team Leader, Mr Victor Hawthorne presented the report and recommendation.

During debate, Mr David Bremner expressed support for the application and looked forward to the hotel building being brought back into use. 

Mr Robert Coghill had some reservations about the design of the individual holiday units and considered it crucial that the units remained under one management and were not sold off.  He felt, however, that the development was long overdue in John O’Groats. 

Mr Willie MacKay welcomed the application and felt it would give greater confidence to businesses in the area. 

Further to debate, the Committee agreed the recommendation to grant planning permission subject to the conditions recommended in the report.

4.5 Applicant: Messrs A MacNab (10/02551/FUL) (PLC-045-10 (595kb pdf))
Location: Site West of 14B Harbour Terrace, Wick
Nature of Development: Change of Existing Store into a Dwelling

There had been circulated Report No PLC/045/10 by the Area Planning and Building Standards Manager recommending refusal of planning permission for the reasons detailed therein.

The Team Leader, Mr Victor Hawthorne, presented the report and recommendation.

During debate, Mr Bill Fernie noted the fact that this was in the Conservation Area.  He felt, however, that the existing shed was ugly and the proposed replacement building would be a great improvement.  It would not be wholly out of character as there was a building on the opposite side of the harbour with similar features to those proposed in this application.

Mr Graeme Smith agreed that the existing building was an eyesore.  Any replacement building would be an improvement but it had to fit in with the character of the Conservation Area.  There is a clear need to follow the pattern and rhythm of the surrounding buildings in a Conservation Area.  The plans could be made more acceptable with a little amendment.

Mr David Bremner disagreed as he felt this was a well designed building.  The existing building had no aesthetic value and the new building would be an attractive feature in the harbour.   The town needed to regenerate and he was happy to support the application.

Other members contributing to the debate shared this view.

Mr Graeme Smith then moved that planning permission be refused for the reasons recommended in the report. There being no seconder, the motion fell. 

The Committee then agreed to grant planning permission subject to appropriate conditions to be determined by the Team Leader under delegated powers in consultation with the local members.

Their reason for granting permission contrary to recommendation was that although they accepted that by virtue of its detailing the proposal did not respect the guidelines contained in the Local Plan for development in this Conservation Area, it would not have an adverse effect on the Area and would be a significant improvement on the existing building.

4.6 Applicant: Assynt Community Council (10/02078/FUL) (PLC-046-10 (1422kb pdf))
Location: Royal National Mission to Deep Sea Fishermen, Culag Road, Lochinver
Nature of Development: Alterations to Fishermen’s Mission

There had been circulated Report No PLC/046/10 by the Area Planning and Building Standards Manager recommending grant of planning permission subject to the conditions detailed therein.

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

Following debate, the Committee agreed the recommendation to grant planning permission subject to the conditions recommended in the report. 

4.7  Item Withdrawn.

4.8 Applicant: The Committee Rhue, Stoer Community Council (10/02404/FUL) (PLC-048-10 (276kb pdf))
Location: Land 90 m South East of Rhue Stoer Hall, Stoer, Lochinver
Nature of Development: Installation of 6 kW Wind Turbine on 15 m Mast with Underground Cable to Stoer Village Hall

There had been circulated Report No PLC/048/10 by the Area Planning and Building Standards Manager recommending grant of planning permission subject to the conditions detailed therein.

The Principal Planner, Mr Bob Robertson, presented the report and recommendation.  He made specific reference to two letters of representation received prior to the meeting which raised the issue of public safety following the failure of the wind turbine erected at Raasay Primary School during 2009.  Mr Robertson advised Committee that this failure had resulted from the incorrect assembly of the wind turbine by the contractor on site.

During debate, Mr George Farlow expressed support for the application.  The visual impact of the wind turbine would be localised as it was below the sky line and any noise impact would be slight.  The electricity generated by the turbine would be for community hall use only as they had no access to the grid.  The existing heating system was oil fired.  Oil deliveries had to come over 100 miles from Inverness. 

The Committee then agreed the recommendation to grant planning permission subject to the conditions recommended in the report. 

4.9 Applicant: BKB Property (10/02217/PIP) (PLC-049-10-Part 1 (503kb pdf)  |  PLC-049-10-Part 2 (1657kb pdf))
Location: Knockbreck Farm and Burgage Farm, Tain
Nature of Development: Master Plan for Mixed Use Development

There had been circulated Report No PLC/049/10 by the Area Planning and Building Standards Manager recommending grant of planning permission in principle subject to a Section 75 Agreement and the conditions detailed therein.

The Principal Planner, Mr Ken McCorquodale, presented the report and recommendation.

During debate, Mr Graeme Smith expressed the view that if the proposed development were allowed, Tain would lose much of its attraction for visitors.  This was a high density development on 21 hectares of greenfield at the iconic entrance to Tain.  Although he was not going to move refusal of the application he did not feel this development was advantageous to the Highlands.

Mr George Farlow asked for assurance that all planning gain achievable through this development had been sought. 

Mr McCorquodale confirmed he was confident that that all planning gain which could legitimately be sought in connection with the application under the Development Plan had been secured.  A kick-about pitch, a large element of affordable housing which a Housing Association was keen to develop, several road improvements which would benefit Knockbreck Road and the creation of amenity areas had all been secured.  He would have liked also to have seen a proposal to relocate Tain Tennis Club to a more central position included.  However, he accepted that it would be unreasonable to require this of the applicant. 

Mr Robert Coghill asked whether the developers would be required to make a contribution to Health Services.

Mr McCorquodale explained there was no planning policy basis for requiring a contribution to Health Services.  The development in Craighill had been approved but remained to be developed leaving open the possibility that the proposal might change both in its implementation and/or its location.

Mr McCorquodale sought guidance from the Committee as to the nature of the landscaping they would wish to see in the area to be provided as an amenity buffer area at the entrance to Knockbreak Road from the A9 when detailed proposals came forward.  The Committee confirmed they would wish to see amenity planting of the type previously discussed in relation to the Asda application, which included mounding and substantive planting of heavy standard trees to quickly establish an amenity/landscape feature in line with the Development Plan.

The Committee then agreed the recommendation to grant planning permission in principle subject to the conditions recommended in the report. 

4.10 Applicant: Albyn Housing Society Ltd (10/02768/FUL) (PLC-050-10.Part 1 (364kb pdf)   |  PLC-050-10-Part 2 (1968kb pdf))
Location: 25-71 Joss Street, Invergordon
Nature of Development: Proposed Development of 22 Two Bedroom Flats and 2 Two Bedroom Houses

There had been circulated Report No PLC/050/10 by the Area Planning and Building Standards Manager recommending grant of planning permission subject to the conditions detailed therein.

The Principal Planner, Mrs Dorothy Stott, presented the report and recommendation.

Mr Martin Rattray expressed support for the application which had been designed by a local architect.  He thought the development fitted well within the site and was keen to attach a condition for screening on the western side of the development. 

Mr Robert Coghill thought it might have been beneficial to have had the car parking at the back of the development.

Mrs Stott advised that they had looked at car parking at the back but it was not physically possible to fit it in that way.  It would remove the landscaping from the front of the building.  However, the car parking at the front was broken up between the landscaped areas.

The Committee then agreed the recommendation to grant planning permission subject to the conditions recommended in the report. 

5. Delegated Decisions and Performance

The Committee noted the undernoted list of delegated decisions on planning applications from 18 September to 29 October 2010 which was available on the Members’ Bulletin and via The Highland Council website. 

Caithness:

Number of applications approved in period: 38
Number of applications refused: 1
Percentage of all applications determined in two months:  53.85%
Percentage of applications determined in two months since 1 January 2010:  61.74%

Sutherland and Easter Ross:

Number of applications approved in period:  43
Number of applications refused:  0
Percentage of all applications determined in two months:  65.12%
Percentage of applications determined in two months since 1 January 2010:  68.09%

CSER Total:

Number of applications approved in period:  81
Number of applications refused:  1
Percentage of all applications determined in two months:  59.76%
Percentage of applications determined in two months since 1 January 2010:  65.40%

Highland:

Percentage of applications determined in two months since 1 January 2010:  55.65%

There being no further business the meeting closed at 1.30  pm.