• 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, 13 September 2011 at 10.30 am.

Committee Members Present

Mr Richard Durham
Mr George Farlow
Mr Bill Fernie
Mr Donnie Mackay
Mr Jim McGillivray
Mrs Fiona Robertson
Mr Ian Ross
Mr Graeme Smith
Ms Carolyn Wilson (Items 3.1, 3.3, 3.5 and 3.6)

Non-Committee Members Present:

Mr Michael Finlayson (Item 3.1 and 3.8)
Mrs Maxine Smith (Item 3.1)

Officials in attendance:

Ms Susan Blease, Clerk
Mr Dafydd Jones, Area Planning and Building Standards Manager
Mr Bob Robertson, Principal Planner
Mr Simon Hindson, Planner
Mr Graham Mackenzie, Community Works Manager
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 Rob Coghill, Mr Martin Rattray Mr Robbie Rowantree and Lady Marion Thurso.

Mrs Maxine Smith (having previously requested a local member vote for Item 3.8) and Mrs Carolyn Wilson both declared a non-financial interest in relation to Item 3.8 as they both had businesses on the High Street in Alness. 

2. Confirmation of Minutes

There had been circulated for confirmation the minutes of the Committee meeting held on 2 August 2011.  The minute was held as read and approved.

3.   Planning Applications

3.1   Applicant:  William Munro Construction 09/00334/FUL (PLC-038-11 (612kb pdf))
Location:  Land at Rhicullen, Newmore, Invergordon
Nature of Development: Proposed New Housing Development (8 House Sites, Reduced From 16) and Associated Site Works, Private Foul Drainage System and Access Roads
Recommendation:  Grant

There had been circulated Report No PLC/038/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Dafydd Jones presented the report and recommendation.  He advised that if members were minded to grant permission, condition 4 recommended in the report should be amended to include a requirement that additional landscaping along the eastern boundary of the access be provided to screen the house known as Fouracres.  In addition, he recommended an additional conditions requiring provision of a footpath along the northern boundary of the of the site. 

Mrs Maxine Smith advised that she had concerns with the Tomich junction.  Following consultation between the local ward members and Transport Scotland (“TS”), TS had undertaken surveys of the junction 24 hours a day, and seven days a week over a two week period of the junction.  A report from TS further to this survey was now awaited and it was hoped that they would look at a short and long term solution to improving this junction.  In the meantime, every development in the vicinity approved by the Council impacted further on the junction.  Police figures showed several accidents which had taken place and had not been taken into account by Transport Scotland.  Mrs Smith therefore asked the Committee to agree that the Chairman write to the Council’s Planning Policy team asking them to put in place a developer contribution policy based on costed short and long term solutions to improve the Tomich junction.

Mr Jones advised that in order to secure developer contributions, there had first to be a policy basis for those contributions in the development plan.  He suggested that the Committee should ask the Policy team to look at this as part of their work on the Inner Moray Firth Local Plan to identify an evidential basis for the need for works to the junction, to involve TS in costing those works and to establish a developer contribution policy to support those works.

The Committee agreed that a letter be written to the Policy team from the Committee in the terms suggested by Mr Jones.

Following further debate, Mr Michael Finlayson, seconded by Mrs Maxine Smith, moved that determination of the application be deferred on the ground that road safety issues at the Tomich junction remained of concern and that determination of the application was therefore premature pending TS’s report on the junction further to their recent survey. 

Mr Bill Fernie, seconded by Mr Richard Durham, moved as an amendment that planning permission be granted subject to the conditions recommended in the report with the amendment to condition 4 and the additional footpath conditions recommended by Mr Jones at the meeting.

Following a vote by roll call, votes were cast as follows:

For the Motion: (2)

Mrs Maxine Smith
Mr Michael Finlayson

For the Amendment: (9)

Mr Richard Durham
Mr George Farlow
Mr Bill Fernie
Mr Donnie MacKay
Mr Jim McGillivray
Mrs Fiona Robertson
Mr Ian Ross
Mr Graeme Smith
Mrs Carolyn Wilson

Accordingly the amendment became the finding of the meeting and planning permission was granted with an amendment to condition 4 to include the requirement that additional landscaping be provided along the eastern boundary of the access to screen it from the house known as Fouracres, and  with an additional condition regarding the provision of a footpath along the northern boundary of the site.

3.2   Applicant:  Mr Dave MacDonald 10/03519/PIP (PLC-039-11 (1132kb pdf))
Location:  Land South of Tigh na Greine, Quebec Bridge, Tain
Nature of Development: Proposed Development of the Site for a Single House
Recommendation:  Refuse

There had been circulated Report No PLC/039/11 by the Area Planning Manager recommending the refusal of planning permission in principle for the reasons detailed therein. 

Mr Bob Robertson presented the report and recommendation. 

Mr Richard Durham thought the question of whether or not the area should be classed as garden ground was a subjective one.  The access splitting the original garden ground has been put in by the Council TEC Service and used when the flooding had washed away the Quebec Bridge in 2006.  Vehicles had to use the forestry bridge until the Quebec Bridge was repaired.  This access was not historical.  Though now separated from the main garden, Mr Durham felt that that an exception might be made as the site had originally been part of the garden and was an extremely good location for a house where it would not impact on anybody else.  He felt that deferral for a site visit would be of benefit.

Mrs Fiona Robertson felt it was unfair to the applicant that determination of this application had already been delayed pending the approval of the revised Housing in the Countryside policy.  She felt the application could be supported.

During further debate, some members expressed concern at the impact of the development on existing trees and considered that further detail of this impact was needed. 

Mr Ian Ross, seconded by Mr George Farlow, moved that determination of the application be deferred for a site visit, on the basis that although the application was contrary to the letter of the Interim Supplementary Guidance on Housing in the Countryside (Garden Ground) in that the site was separated from the house by a road,  the fact that it had formerly been garden ground and might be able to accommodate a house without adverse impact was material and was potentially a reason to depart from the letter of the policy.

Mr Graeme Smith, seconded by Mrs Fiona Robertson, moved as an amendment that planning permission in principle be granted subject to appropriate conditions to be imposed by the planning officer under delegated powers, on the basis that although the application was contrary to the letter of the Interim Supplementary Guidance on Housing in the Countryside (Garden Ground) in that the site was separated from the house by a road,  the fact that it had formerly been garden ground and might be able to accommodate a house without adverse impact was material and was a reason to depart from the letter of the policy.

On a vote being taken by roll call, votes were cast as follows:

For the Motion: (4)

Mr Richard Durham
Mr George Farlow
Mr Donnie MacKay
Mr Ian Ross

For the Amendment: (4)

Mr Bill Fernie
Mr Jim McGillivray
Mrs Fiona Robertson
Mr Graeme Smith

As the vote was tied, the Chairman then cast his casting vote in favour of the motion and the motion to defer determination of the application for a site visit became the finding of the meeting.  The Committee further agreed that a Forestry Officer should be present at the site visit to advise on the quality of existing trees and the potential impact of the development on these trees.

It was further agreed that the site visit take place at the start of the next meeting of the Committee on the 25 October 2011.

3.3   Applicant: Mr Kenneth Mackenzie 11/00170/FUL (PLC-040-11 (1067kb pdf))
Location:  Land 450 M South East of Cullisse Farmhouse, Nigg
Nature of Development: Erection of Wind Turbine
Recommendation:  Grant

There had been circulated Report No PLC/040/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation. 

Mrs Fiona Robertson expressed concern over this proposed development.  Although she was fully in favour of properly planned renewable energy applications she felt this development had been assessed out of context, without regard to the fact that it was within a community.  There were 47 properties within a 2 km radius of the proposed turbine.  This was flat land and a very residential area.  This site was also close to a special protection area and was in landscape which needed to be protected.  Approval of this turbine would set a precedent, making it hard to resist further applications of this nature in the area.  The level of local objection was strong, with were 71 objections including two from the local Community Councils.   Mrs Robertson was therefore minded to propose refusal of the application on grounds of adverse impact on visual and residential amenity and on the landscape character of the area.

Mr Richard Durham felt that each application had to be assessed on its own individual merits.  This would be the first turbine within the body of rural Easter Ross.  He was disappointed with the photomontages presented at Committee as the turbine was difficult to see but he noted that Scottish Natural Heritage had not chosen to object. 

Mr Graeme Smith felt that the impact on amenity of a single 330 kw wind turbine of 6.5 would be minimal.  He expressed support for the recommendation to grant permission.

Mr Ian Ross advised that the anticipation of the visual impact of turbines was often greater than the actual impact.  Wind turbines were always going to be controversial and although the visual impact was to the fore the noise impact was the more significant concern.  He supported the recommendation to grant permission but had some concern that before approving the application the Committee should have the opportunity to examine better visuals/photomontages.

Mr Bob Robertson confirmed that the Environmental Health Officer’s assessment was that the turbine would not cause a noise nuisance. 

Mr George Farlow, seconded by Mr Graeme Smith, then moved the recommendation to grant planning permission subject to the conditions recommended in the report.   

Mrs Fiona Robertson, seconded by Mr Donnie Mackay, moved as an amendment that determination of the application be deferred for production of better photographs/photomontages.

On a vote being taken by roll call, votes were cast as follows:

For the Motion: (3)

Mr George Farlow
Mr Bill Fernie
Mr Graeme Smith

For the Amendment: (6)

Mr Richard Durham
Mr Donnie MacKay
Mr Jim McGillivray
Mrs Fiona Robertson
Mr Ian Ross
Mrs Carolyn Wilson

Accordingly the amendment became the finding of the meeting and determination of the application was deferred for production of improved visuals/photomontages.  

3.4   Applicant:  Mr Jan Smienk 11/00968/FUL (PLC-041-11 (2391kb pdf))
Location:  Former Highland Council Offices, Main Street, Golspie, KW10 6RB
Nature of Development: Conversion of Offices to 7 Flats 
Recommendation:  Grant, subject to conditions and to the prior conclusion of a Section 75 Agreement

There had been circulated Report No PLC/041/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein and the prior conclusion of a Section 75 agreement to secure a commuted payment in respect of affordable housing arrangements, as detailed in section 10 A of the report. 

Mr Simon Hindson presented the report and recommendation. 

It was noted that as this application had been discussed at the last meeting, only the following members present at that meeting could participate: Mr Bill Fernie, Mr Donnie Mackay, Mr Jim McGillivray, Mrs Fiona Robertson, Mr Ian Ross and Mr Graeme Smith. 

Members felt that the applicants had not taken on board the requests made at the previous committee meeting.  Members had expressed major concerns and, sadly, these had not been addressed.  There was still the issue of over-development and reservations over the flat roof which members would like to see replaced with a hipped roof.  This was a highly visible site which could be seen from the main promenade at the seafront of Golspie and it was felt that the applicants had not compromised at all. 

Mr Ian Ross moved refusal of the application on the grounds that the design of the development was poor and unsympathetic and the proposal would be overdevelopment and was judged to be significantly detrimental in terms of

• Impact on individual and community residential amenity
• Its failure to demonstrate sensitive siting, and
• Its failure to contribute to the social development of the community
  by reason of which the development was considered contrary to Policy G2 of the Highland Structure Plan - Design for Sustainability. 

The Committee agreed to refuse the planning permission for the reasons proposed by Mr Ross.

3.5   Applicant:  Mr Allan and Mrs Kathy Wares 11/01098/FUL (PLC-042-11 (518kb pdf))
Location:  Land West of Bighouse Farm, Melvich
Nature of Development: Erection of House (As Amended)
Recommendation:  Grant.

There had been circulated Report No PLC/042/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

At the request of the Area Planning Manager, the Committee agreed to defer consideration of the application to give the Planning Officer time to address the issues raised in the additional correspondence circulated to members and which had been received after circulation of the report. 

3.6   Applicant:  The Highland Council 11/01404/FUL (PLC-043-11 (665kb pdf))
Location:  Dornoch Primary School, Evelix Road, Dornoch, IV25 3HR
Nature of Development: Installation of Containerised Biomass Plant
Recommendation:  Grant.

There had been circulated Report No PLC/043/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation. 

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

3.7   Applicant:  Andrew Cowie 11/01452/FUL (PLC-044-11 (725kb pdf))
Location:  The Bus Depot, Lovers Lane, Thurso, KW14 7EQ
Nature of Development: Demolition of Existing Bus Depot and Erection of New Bus Workshop (Re-application)
Recommendation:  Grant.

There had been circulated Report No PLC/044/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation. 

Mr Donnie MacKay advised that the existing building was an eyesore and he therefore welcomed the application. 

Mr Graeme Smith also felt the development would be a big improvement and was happy with the recommendation. 

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

3.8   Applicant:  Mr Mohammed Shuaab 11/01996/FUL (PLC-045-11 (441kb pdf))
Location:  54 High Street, Alness
Nature of Development: Change of Use to Café to Include Hot Food Takeaway
Recommendation:  Grant.

There had been circulated Report No PLC/045/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Dafydd Jones presented the report and recommendation.  He asked members to note that also objectors expressed concern over perceived overprovision of takeaway food outlets in the High Street, this was not a material planning consideration in this case.  The premises already operated as a cafe and the applicant was merely proposing to diversify the existing food business to provide takeaway food.  There was to be no physical changes to the building.  Conditions could be applied to cover venting and bins to meet concerns over odour and litter.

The Committee agreed to grant planning permission subject to the conditions recommended in the report with variation to condition 2 to include provision that the type and design of the litter bin shall require the prior written approval of the Planning Authority.   Local Members would prefer a fixed bin of conservation area design.  It was agreed that the type of bin to be approved would be agreed by the case officer with the local ward members before granting approval.

3.9   Applicant:  The Highland Council 11/02232/FUL (PLC-046-11 (659kb pdf))
Location:  Hilton of Cadboll Primary School, Hilton of Cadboll, Tain, IV20 1XR
Nature of Development: Erection of Wind Turbine
Recommendation:  Grant.

There had been circulated Report No PLC/046/11 by the Area Planning Manager recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Bob Robertson presented the report and recommendation.

Members noted Mr Bill Fernie’s advice that where previous wind turbines had been approved, members of the public were now asking that fencing be provided round the structure.  It was agreed that it was preferable to have fencing requirements included as a condition of the planning permission so that the developer could fence at the same time.

The Committee therefore agreed to grant planning permission subject to the conditions recommended in the report with an additional condition requiring fencing around the base of the turbine.   

4. Delegated Decisions and Performance

The Committee noted the summary of delegated decisions on planning applications from 25 July to 5 September 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 1.30 pm.