• Agenda

Minute of the meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held following a site visit to 5 Garden Square, Alness in the West End Community Centre, Alness on Tuesday, 15th March 2011 at 10.30 am.

Committee Members Present

Mr David Bremner
Mr Robert Coghill
Mr Richard Durham
Mr George Farlow (excluding Item 3.1)
Mr Donnie Mackay
Mr Martin Rattray
Mr Ian Ross
Mr Robbie Rowantree
Mr Graeme Smith

Non-Committee Members Present:

Mr Alasdair Rhind (with local member vote for Item 4.1)
Mr Mike Finlayson (with local member vote for Item 3.1)

Officials in attendance:

Mr Allan Todd, Area Planning and Building Standards Manager
Mrs Karen Lyons, Principal Solicitor (Clerk)
Mr Bob Robertson, Principal Planner
Mrs Dorothy Stott, Principal Planner
Mr Ken McCorquodale, Principal Planner
Mr Campbell Stewart, Area Roads and Community Works Manager, TECS
Mr Chris Ratter, Area Environmental Health Manager
Mrs Alison MacArthur, Clerical Assistant

Mr Donnie Mackay in the Chair

Committee met on site at 5 Garden Square, Alness and the Principal Planner pointed out the location of the decking, the garden shed, the summer house and fencing on either side of the road to the house.  Members looked at the site from Garden Square and from the other houses at Novar Road where there were also objectors.  Members reconvened at the West End Community Centre in Alness. 

The Chairman led the meeting with condolences on the death, following a long illness of Mr Alan Torrance, Councillor for Tain and Easter Ross.  A minute’s silence was observed. 

Business

1. Apologies for Absence and Declarations of Interest

Apologies were received from Mr Bill Fernie, Mr Jim McGillivray, Lady Marion Thurso and Carolyn Wilson.  

Mr Robbie Rowantree declared an interest in the following items:

3.1 – The applicant, Morven Taylor is an employee in the company in which he is a director. 

4.7 – He had originally lodged a letter of support when the report was to be dealt with under delegated powers and he wished it to stand.

5.1 – As a contractor he had worked for SSE and felt it may be seen as biased to consider the application and he would leave the meeting at that point. 

2. Confirmation of Minutes

There had been circulated for confirmation the minute of the Committee meeting held on 1st February 2011.  The minute was held as read and approved.

5.   Application

5.1   Applicant:   SSE Generation Ltd (07/00020/S36SU) (PLC-012-11 (1089kb pdf) )
Location:  Strathy North Forest, Strathy, Sutherland
Nature of Development: 33 Turbine Wind Farm

Mr Robbie Rowantree had declared an interest in the following item and left the room while it was being discussed.

There had been circulated Report No PLC/012/11 by the Head of Planning and Building Standards recommending the grant of planning permission subject to the conditions detailed therein. 

Discussion followed on whether a site visit should be held for the Strathy North Wind Farm. 

Councillor Ross spoke and advised that Committee needed a rationale to undertake a site visit.  He suggested that the Committee may already have sufficient information and proposed a preliminary viewing of the supporting visual information before reaching a decision on the need for a site visit.

Mr Richard Durham stated that there were items in the report and correspondence that he felt required a site visit to be undertaken.  Paragraph 7.34 in the report outlined the relationship between Strathy North and Strathy South which was to follow.  Both applications were by the same applicants and he felt Strathy North should take into consideration the turbines planned for Strathy South as they would make up a very large wind farm site indeed.  This was a major application and the least the Councillors should do is look at the site. 

Mr Graeme Smith felt there were no contentious issues requiring a site visit.

Mr George Farlow stated that he had received a letter from a constituent who felt the democratic process was not being carried out.  The letter was not a timeous objection but we should ensure the democratic process was observed. 

Mr Ken McCorquodale, Principal Planner indicated that the Committee had a four month period from the publication of the plans to give a response to the Scottish Government and consent would be required for any extension to that consultation period.

Mr Rob Coghill, seconded by Mr David Bremner, moved that the application be deferred for a site visit.  

As an amendment, Mr Ian Ross, seconded by Mr Graeme Smith moved that the officer’s slide presentation be viewed by Members before determining whether a site visit was necessary.

Votes were cast as follows:

For the motion (5)

Mr David Bremner
Mr Rob Coghill
Mr Richard Durham
Mr Donnie MacKay
Mr Martin Rattray

For the amendment (3)

Mr George Farlow
Mr Ian Ross
Mr Graeme Smith

Accordingly the motion became the finding of the meeting and the application was deferred for a site visit in the Strathy Village Hall with the date to be agreed.

3. Continued Items

3.1 Applicant: Morven Taylor (10/03788/FUL) (PLC-004-11 (1311kb pdf) )
Location: 5 Garden Square, Alness, IV17 0WE
Nature of Development: Erection of Garden Decking Area, Fences, Shed and Summer House

Mr Robbie Rowantree had declared an interest in the following item and did not participate in the item.

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

As Mr George Farlow did not attend the site visit he did not take part in the determination.

There had been circulated Report No PLC/004/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mrs Dorothy Stott, Principal Planner presented the report and recommendation.   It was noted that the Alness Community Council had confirmed that it objected to the application, and a further public representation had been received since the papers had gone out but that it had brought up no new material considerations. 

Mr Mike Finlayson noted that although the shed was small its heightened position made it very visible.  The summer house appeared to be for leisure and not for storage as such which would bring privacy and amenity issues into play.  Mr Finlayson felt that although no incident of contaminated land had been investigated at this address it did not mean that the land was not contaminated. 

Mr Martin Rattray felt it was an attractive place and that the shed would be out of place on the decking.  He wanted discussions with the applicant and the withdrawal of the shed from the application. 

The lowering of the shed by the removal of the decking underneath it was considered by members but the decking was not high at that point where the shed was to be located and it would not be lowered much by removal of the decking. 

Planting around the shed was considered as in 2-3 years it may help the shed to blend in to the area. 

Mr Martin Rattray, seconded by Mr Richard Durham, moved deferral of the application for further discussion between the applicant and the Planning Officer on removal or relocation of the shed

The Committee agreed to defer the application.

Mr Mike Finlayson left the meeting. 

4. Planning Applications

4.1  Applicant:   Galliford Try Construction (10/03006/FUL) (PLC-005-11 (1886kb pdf) )
Location:  Land West of Evelix Cottage, Scotsburn, Lamington
Nature of Development: Erection of 3 Houses and Associated Access and Services

Mr Alasdair Rhind 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/005/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein. 

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

Mr Richard Durham noted that every house on the map shown had objected to the application.  Evelix Cottage lying immediately beside the site was an early 19th century house and this development would put pressure on the area.  The previous application for 3 houses was rejected by the Committee as 2 houses were considered more suitable.  The Reporter though had said he agreed with up to 3 houses in principle.  It was felt the third house was too close to Evelix Cottage with the revised house types which were in response to the Appeal decision.  The scale and massing of large houses on this site did not reflect the character of the area.   He concluded that the proposal would have a detrimental impact, the proposal was for three large detached houses and less than three houses would sit more comfortably. 

Mr Richard Durham, seconded by Mr Alasdair Rhind, moved that the planning permission be refused as the proposal is not considered to be acceptable as the level of development would be out of character and not consistent with the long established development character or the settlement pattern.  It would therefore result in over-development of the application site, and does not therefore accord with Development Plan policies G2, H3 and 29.

As an amendment, Mr Graeme Smith, seconded by Mr David Bremner moved that the recommendation to approve be agreed.

Votes were cast as follows:

For the motion (6)

Mr Richard Durham
Mr George Farlow
Mr Martin Rattray
Mr Ian Ross
Mr Robbie Rowantree
Mr Alasdair Rhind 

For the amendment (4)

Mr David Bremner
Mr Rob Coghill
Mr Donnie MacKay
Mr Graeme Smith

Accordingly the motion became the finding of the meeting.

Mr Alaisdair Rhind left the meeting. 

4.2   Applicant:   The Highland Council (10/03962/FUL) (PLC-006-11 (1101kb pdf) )
Location:  Drummuie Area Office, The Highland Council, Golspie, KW10 6TA
Nature of Development: Erect New Biomass Boiler and Connect to Existing Boiler Rooms Within Adjacent Buildings

There had been circulated Report No PLC/006/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Allan Todd, Area Planning and Building Standards Manager presented the report and recommendation. 

Mr Ian Ross welcomed the development and noted that it was part of the original development for biomass. 

The Committee agreed the recommendation. 

4.3   Applicant:   Mr Scott Harland (10/04814/FUL) (PLC-007-11 (1526kb pdf) )
Location:  Land 45 m East of South View, Portskerra, Melvich
Nature of Development: Erection of House with Associated Garage and Associated Road

There had been circulated Report No PLC/007/11 by the Area Planning and Building Standards Manager recommending the refusal of planning permission for the reasons detailed therein. 

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

Mr Robbie Rowantree commented that although there was other land for building in the area if it was not in your possession it was of no use.  This house was for a local family with young children and they had an interest in crofting.  It would be good to have a young family living and working in the area.  The house was larger than surrounding houses but these were built in the early 19th century and a larger house was needed to comfortably house a modern family. 

Mr Robertson responded that, although the house immediately beside the development was a holiday house, this was irrelevant as this could change and holiday houses can be occupied for a considerable part of the year.  The majority of the housing was set at the side of the road and this new house would be out of character and had therefore been put forward for refusal.

Mr Robbie Rowantree indicated that he was minded to move that the application be approved, contrary to officer recommendation, therefore there was a brief adjournment while advice was obtained from the Clerk on the wording of a motion.

Mr Robbie Rowantree, seconded by Mr George Farlow, moved that the planning permission be approved as, despite the proposal not being compatible with or reflecting the existing form of development and therefore not conforming with Sutherland Local Plan policies 1 or 3 and despite the proposal being a departure from the Sutherland Local Plan as the house site straddles the Settlement Development Area, greater weight should be given to the socio-economic benefits of this development to a fragile rural community. In addition, the proposal was not considered to have an undue impact on the existing individual and community residential amenity of the immediate area and therefore was not contrary to Highland Structure Plan Policy or draft Highland Wide Local Development Plan policies related to this consideration.

The Committee agreed to approve the application.  

The Committee broke for lunch and then agreed to hear Item 4.7 first.

4.7   Applicant:   Assynt Crofters Trust Ltd (11/00102/FUL) (PLC-011-11 (630kb pdf) )
Location:  Land Near Lochend, Stoer
Nature of Development: Installation of a 6 KW Eoltec Scirocco Wind Turbine

Mr Robbie Rowantree had declared an interest and did not participate in the item.

There had been circulated Report No PLC/011/11 by the Area Planning and Building Standards Manager recommending the refusal of planning permission for the reasons detailed therein. 

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

Mr George Farlow stated there were issues in connection to the grid in rural areas.  He pointed out that there was a telecommunications mast just off the picture which had a considerable visual impact.  The noise issue was more of a concern and he asked Mr Ratter for his opinion on any noise nuisance. 

Mr Ratter replied that if there was a detrimental effect and a noise nuisance the turbine would have to be shut down.  The applicant had submitted a noise assessment and in his opinion the wind turbine was going to exceed the noise levels allowed.

Mr Allan Todd explained that the minimum required separation between houses and turbines was 125 metres for this type of turbine, but the applicant’s turbine was only 75 m from the Albyn houses and did not meet the standard required.  Impact would be felt by houses to both the North and South. 

Mr George Farlow stated that the noise impact study was a desktop one and that if there was noise impact the turbine would be turned off. 

Mr Allan Todd advised that unlike the other two applications (at Bower and Dunnet) where the probability was that the turbine would only be shut off occasionally due to noise impact, this turbine was likely to be shut down more often than it would likely be in operation.

It was considered that an alternative turbine might solve the noise impact problem.

The Committee agreed the recommendation with an adjustment to the wording of the second refusal reason, as follows:

2.  The proposal does not accord with Highland Structure Plan policy E2 Wind energy developments as the impacts are considered to be significantly detrimental, particularly in respect of the scenic and landscape character of the area and noise impact on nearby houses when considered on both an individual and cumulative basis.

4.4   Applicant:   The Highland Council (10/04834/FUL) (PLC-008-11 (474kb pdf) )
Location:  Bower Primary School, Bower, Wick
Nature of Development: Installation of 5 KW Wind Turbine at Bower Primary School, Bower, Wick

There had been circulated Report No PLC/008/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Allan Todd, Area Planning and Building Standards Manager presented the report and recommendation. 

A condition had been recommended by the Environmental Health Officer stating that if there was a noise issue the turbine would be shut down. 

This turbine was not expected to cause the same issues as the turbine at Item 4.7 as it was a different size and type of turbine. 

The Committee agreed the recommendation.  

4.5   Applicant:   The Highland Council (10/04840/FUL) (PLC-009-11 (559kb pdf) )
Location:  Crossroads Primary School, Dunnet
Nature of Development: Installation of 5 KW Wind Turbine

There had been circulated Report No PLC/009/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Allan Todd, Area Planning and Building Standards Manager presented the report and recommendation. 

The Committee agreed the recommendation.  

Mr David Bremner left the meeting. 

4.6   Applicant:   Mr and Mrs Hugh Murray (11/00008/FUL) (PLC-010-11 (556kb pdf) )
Location:  House Plot 1, Crofts 18 and 31 Achavandra Muir, Dornoch
Nature of Development: Demolition of Existing House Ruins, Erect House, Install Septic Tank and Soakaway, and Form New Access Road

There had been circulated Report No PLC/010/11 by the Area Planning and Building Standards Manager recommending the refusal of planning permission for the reasons detailed therein. 

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

Mr Ian Ross felt the principle of a house on this site was not an issue and indeed he had chaired meetings to consider the policies for houses in the countryside.  He stated that the house was a lot larger than the house ruin it was replacing but for a modern family you needed a reasonable size of house, and if you are to build a house it is better to build one that would be suitable.  This house didn’t contradict policy in his view.

The Committee agreed to approve the application.

6.   Decisions of Appeals to the Scottish Government Directorate for Planning and Environmental Appeals

6.1   Applicant:   Peninsular Hospitality (10/02996/PIP) (PPA-270-2042)
Location:  Land to North of Balintore Hotel, East Street, Balintore
Nature of Development: Construction of Housing (4 Detached Units)

The Members noted that the appeal had been dismissed.

6.2   Applicant:   Iain Innes (10/02688/FUL) (PPA-270-2047)
Location:  1 Bank Lane, Alness, IV17 0WF
Nature of Development: Temporary Siting of a Storage Container

The Members noted that the appeal had been dismissed.

7. Delegated Decisions and Performance

The Committee noted the summary of delegated decisions on planning applications from 22 January 2011 to 4 March 2011 full details of which were available on the Members’ Bulletin and via The Highland Council website. 

There being no further business the meeting closed at 2.15 am.