• Agenda

Minute of the meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held in the Duthac Centre, Shandwick Street, Wick on  Tuesday, 26th April 2011 at 10.30 am.

Committee Members Present

Mr Robert Coghill
Mr Richard Durham
Mr Bill Fernie
Mr Donnie Mackay
Mr Jim McGillivray
Mr Martin Rattray
Mr Ian Ross
Mr Graeme Smith

Non-Committee Members Present:

Mr Michael Finlayson (with local member vote for Items 3.1, 3.2, 4.1 and 4.3)
Mrs Maxine Smith (with local member vote for Items 3.2, 4.1 and 4.3)

Officials in attendance:

Mr Allan Todd, Area Planning and Building Standards Manager
Ms Susan Blease, Solicitor (Clerk)
Mr Bob Robertson, Principal Planner
Mrs Dorothy Stott, Principal Planner
Ms Lisa MacKenzie, Planner
Mr Simon Hindson, Planner
Mr Simon Young, Principal Engineer, TECS
Mrs Alison MacArthur, Acting Administrative Assistant

Mr Donnie Mackay in the Chair

Business

1. Apologies for Absence and Declarations of Interest

Apologies were received from Mr David Bremner, Mr George Farlow, Mr Robbie Rowantree, Lady Marion Thurso and Carolyn Wilson.  

There were no declarations of interest.

2. Confirmation of Minutes

There had been circulated for confirmation the minutes of the Committee meetings held on

(a)  15th March 2011 and

(b)  29th March 2011. 

The minutes were held as read and approved.

The Committee was asked to note that in relation to the Burn of Whilk Wind Farm Hearing on 29 March 2011, a letter had subsequently been sent out by the Planning Service indicating that 13 wind turbines had been approved by the committee when in fact it was the amended application for only 9 turbines which had been approved. 

3.   Items Previously Considered

3.1   Applicant:   Morven Taylor (10/003788/FUL) (PLC-021-11 (1313kb pdf))
Location:  5 Garden Square, Alness, IV17 0WE
Nature of Development: Erection of Garden Decking Area, Fences and Summer House

Only members who had been present at the site visit and committee meeting of 15 March 2011, at which this application had been previously considered and deferred, participated in the determination of this application.  They included Mr Mike Finlayson who had requested and been granted a local member vote in relation to this item pursuant to Standing Order 13.2.

Mrs Maxine Smith, who had not been present at the 15 March meeting and could not therefore be granted a local member vote, was nonetheless permitted to address the committee under Standing Order 13.1.

There had been circulated Report No PLC/021/11 by the Area Planning and Building Standards Manager intimating that during the deferral period the applicant had amended the application to delete the shed previously proposed.  A further Report No PLC/004/11 to the Committee on 15 March 2011 was also re-circulated advising that the Alness Community Council had confirmed, during the deferral period, that they objected to the application.  The original report No PLC/001/11 to the Committee on 1 February 2011 recommending the grant of planning permission subject to the conditions detailed therein was also re-circulated. 

Mrs Dorothy Stott, Principal Planner, presented the reports and recommendation. 

-Mr Mike Finlayson indicated that in spite of the amendment to the application deleting the proposed shed, he would move for refusal of the application on grounds of unacceptable impact on the amenity of the surrounding houses. 

Mrs Maxine Smith advised that she still had major concerns about the decking and the summer house.   If the summerhouse had been described as a dwellinghouse it would be refused as overdevelopment as it occupied most of the space available on that side of the access road.  It could still have people living in it however, and this was unacceptable.  The decking itself, by virtue of its elevated nature, changed the character of the area and was, she considered, also unacceptable.

Mr Martin Rattray advised that he had moved for deferral at the previous Planning Committee to allow the applicant to consider moving or withdrawing the shed from the application as his only major issue with the application was the shed which he felt impacted most on the neighbours.  The shed had now been withdrawn from the application and, while he had sympathy with residents’ concerns, he did not consider there to be adequate planning grounds to refuse the application as so amended. 

Mr Donnie MacKay, seconded by Mr Robert Coghill, then moved that planning permission be granted subject to the conditions recommended in the original report. 

As an amendment, Mr Mike Finlayson, moved that the application be refused on grounds of unacceptable impact on residential amenity.  However, as there was no member willing to second this proposal, the amendment fell.  

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

3.2   Applicant:   Mrs H Cook (09/00511/FULSU) (PLC-014-11 (734kb pdf))
Location:  The Old Orchard, Skiach, Evanton, IV16 9UQ
Nature of Development: Removal of Condition (2) Attached to Permission 04/00460/OUTRC and Condition (1) Attached to Permission 07/00576/REMRC

As this application had been previously considered at and deferred from the meeting of the Committee on 21 December 2010, only those members present at that earlier meeting took part in the determination.  These included Mrs Maxine Smith and Mr Mike Finlayson who had both requested and been granted a local member vote in relation to this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/014/11 by the Area Planning and Building Standards Manager recommending the refusal of planning permission for the reasons detailed therein. 

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

Mrs Maxine Smith noted that when this application had been looked at previously members had thought there was sufficient land to the south of the access road to accommodate a turning area.  The local members, having subsequently visited the site with an official from TEC Services, had seen that there was in fact an insufficient area of land as the verge dropped sharply down to the river.  Mrs Smith considered that a public turning area directly in front of the house, as the conditions currently required, was an unacceptable encroachment on residential privacy and, since there was insufficient land to create a turning area on the other side of the road, it was not reasonable to insist on those conditions.

Mr Mike Finlayson concurred with Mrs Smith. 

Mr Graeme Smith stated that permission to build the house would not have been granted and the house would therefore not have been built had these conditions not been imposed and he agreed with the recommendation to refuse the application.  He was happy to see the condition remain and for it to be enforced. 

Mr Graeme Smith, seconded by Mr Donnie Mackay, then moved that the application be refused for the reasons stated in the report. 

As an amendment, Mrs Maxine Smith, seconded by Mr Mike Finlayson, moved that the application to delete the conditions be approved on the ground that they were unreasonable in that they required an encroachment on residential privacy and there was no alternative location for a turning area within the applicants’ landholding. 

Votes were cast as follows:

For the motion (3)

Mr Donnie MacKay
Mr Jim McGillivray
Mr Graeme Smith

For the amendment (3)

Mr Ian Ross
Mr Michael Finlayson
Mrs Maxine Smith

The Chairman then cast his casting vote in favour of the motion and the motion to refuse the application therefore became the finding of the meeting. 

4. Planning Applications

4.1  Applicant:   Mr David Skea  (10/04309/FUL) (PLC-015-11 (1409kb pdf))
Location:  Ardmhor, 43 Obsdale Road, Alness
Nature of Development: Proposed New Housing Development (8 Two-Bedroom Apartments and Associated Site Works and Access)

Mrs Maxine Smith and Mr Mike Finlayson had both requested and been granted a local member vote in relation to this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/015/11 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. 

Mr Mike Finlayson felt this application would bring a big change to the area and would have a detrimental visual impact.  It would lead to a large increase in traffic in this area.  This was a high density development and out of character with the existing dwellinghouses in the area and he considered it was overdevelopment of the site.

Mrs Maxine Smith concurred as she felt that eight flats were too many on this site and that in keeping with the pattern of houses in the area the development should be smaller.

Mr Ian Ross queried whether the number of parking spaces allowed for was sufficient.  Referring to the location plans at pages 52 and 53 of the Committee papers, he also questioned whether the proposed development would not be at odds with the established pattern of development in the area.

Mrs Stott advised that TEC services were happy with the number of parking spaces which allowed for 1.5 spaces per unit together with visitor spaces.  In relation to density, she advised that while most of the surrounding properties were detached or semi-detached houses, there were also smaller plots in the area so there was a range of different types of properties.

Mr Martin Rattray suggested the development would change the character of the area and expressed concern about the proposed external stairs.

Mrs Stott advised that the applicant’s agent had indicated that if the external stairs were an issue, he could amend the design to enclose the stairs.

Mrs Maxine Smith, seconded by Mr Mike Finlayson, then moved that the application be refused on the ground that the proposed development did not reflect the existing loose density of development along Obsdale Road and would result in overdevelopment of the site, thereby being contrary to Structure Plan Policy G2 and Local Plan Policy GSP1 in that it failed to demonstrate sensitive siting in keeping with local character.  

As an amendment, Mr Martin Rattray moved that the application be approved subject to the stairways being housed within the building itself.  There being no seconder the amendment fell. 

Accordingly the motion became the finding of the meeting and the application was refused for the reasons put forward by Mrs Maxine Smith. 

4.2   Applicant:   The Links House Limited (10/04448/FUL) (PLC-016-11 (1177kb pdf))
Location:  Links House, Kennedy Avenue, Dornoch
Nature of Development: Construction of Detached Guest Accommodation (3 Suites), Manager’s Flat and Basement Storage, Construction of Detached Golf Bag Store, Siting of Oil Tank, Car Parking, Hard and Soft Landscaping and Bin Store

There had been circulated Report No PLC/016/11 by the Area Planning and Building Standards Manager recommending the refusal of planning permission for the reasons detailed therein. 

Ms Lisa Mackenzie, Planner, presented the report and recommendation.

Mr Jim McGillivray confirmed that the Dornoch Community Council had scrutinised the plans in detail and had given their support to this development.  Traditional materials including sandstone and slate were to be used.   There was a substantial and dominant tree canopy that would offset the development.  The two storey clubhouse beside this development was also a dominant feature in an area with a large mix of architectural styles in local sandstone and slate.  The applicant had made a serious effort to complement the local architecture.  In the present fragile climate the increase in tourism was to be welcomed. 

Mr Ian Ross stated that the Conservation Officer had highlighted her concerns over new developments in sensitive settings which should respond to the rhythm, proportions and detail of established built forms.   However he did support tourism growth in this part of Dornoch and he felt the design was acceptable and did fit in with the eclectic designs in the area.

Mr Richard Durham felt there was scope to improve on the detailing and that the more traditional 12 paned Georgian windows would have been preferable to the 6 paned windows shown in the plan. 

The Committee agreed to grant planning permission on the grounds that the design was acceptable in the context of the locality and that the development would promote tourism.  The Committee further agreed that the permission be subject to conditions to be drafted by the planning officer in consultation with the local members, with an informative note advising the applicant of the Authority’s preference for 12 paned windows to be more in keeping with the main house. 

4.3   Applicant:   Wind Energy (Glenmorie) Limited (10/05138/FUL) (PLC-017-11 (683kb pdf))
Location:  Land at Mheall Bhenneit, Kildermorie
Nature of Development: Erection of Temporary Anemometer Mast

Mrs Maxine Smith and Mr Mike Finlayson had both requested and been granted a local member vote in relation to this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/017/11 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. 

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

4.4   Applicant:   Mr John Scott (11/00482/FUL) (PLC-018-11 (1472kb pdf))
Location:  Land to North of Monks Walk, Hill of Fearn
Nature of Development: Erection of 6 No Houses at Land to North of Monks Walk, Hill of Fearn

There had been circulated Report No PLC/018/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Simon Hindson, Planner presented the report and recommendation. 

Mr Richard Durham had no issues with the application and was happy to support it.  However, he indicated that he would like condition 6 to be amended so that the 1.8 metre fence was erected before work commenced rather than prior to occupation.

Mr Graeme Smith was saddened to see what he felt was overdevelopment in this area and noted that there was an increasing tendency to cram as many houses as possible into a small site in areas such as Fearn. 

The Committee agreed to grant planning permission subject to the conditions recommended in the report with amendment to condition 6 to require the fence to be erected before work commenced.

4.5   Applicant:   Gilgarren Estates Ltd (11/00535/PIP) (PLC-019-11 (320kb pdf))
Location:  Land to North of Rossal Place, Bettyhill
Nature of Development: Erection of Two House Sites and Improvement of Access

There had been circulated Report No PLC/019/11 by the Area Planning and Building Standards Manager recommending the grant of planning permission in principle subject to the conditions detailed therein. 

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

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

4.6   Applicant:   The Highland Council (10/04839/FUL) (PLC-020-11 (529kb pdf))
Location:  Castletown Primary School, Castletown, Thurso, KW14 8UA
Nature of Development: Installation of 5 KW Wind Turbine

There had been circulated Report No PLC/020/11 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 to grant planning permission subject to the conditions recommended in the report.  

7. Delegated Decisions and Performance

The Committee noted the summary of delegated decisions on planning applications from 5th March 2011 to 14th April 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 12.15 pm.