• Agenda

Minute of the meeting of the Caithness, Sutherland and Easter Ross Planning Applications Committee held at the Duthac Centre, Shandwick Street, Tain on  Tuesday, 13 December 2011 at 10.30 am.

Committee Members Present:

Mr Rob Coghill
Mr George Farlow
Mr Bill Fernie
Mr Donnie Mackay
Mr Jim McGillivray
Mr Martin Rattray
Mrs Fiona Robertson
Mr Graeme Smith

Non-Committee Members Present:

Mr Michael Finlayson
Mr David Flear
Mr Willie Mackay
Mr Alasdair Rhind
Mrs Maxine Smith

Officials in attendance:

Ms Susan Blease, Clerk
Mr Dafydd Jones, Area Planning Manager North
Mr Victor Hawthorne, Team Leader
Ms Lisa Mackenzie, Planner
Mr Simon Hindson, Planner
Mr Campbell Stewart, Area Roads and Community Works Manager
Mr Simon Young, Principal Engineer
Mrs Alison MacArthur, Acting Administrative Assistant

Mr Donnie Mackay in the Chair for all items except Item 4.4
Mr Rob Coghill in the Chair for Item 4.4

Business

1. Apologies for Absence and Declarations of Interest

Apologies were received from Mr Richard Durham, Mr W Ross, Lady Marion Thurso and Mr Robbie Rowantree.

2. Confirmation of Minutes

There had been circulated for confirmation the minutes of the Committee meeting held on 25 October 2011.  The minute was held as read and approved, subject to correction at Item 3.2 to note that the motion for refusal was made by Mrs Fiona Robertson, seconded by Mr Richard Durham.

3.   Continued Items

3.1   Applicant: Mr James Gagan (11/00064/FUL) (PLC-057-11 (1099kb pdf))
Location:  Land at Coul Croft, Edderton
Nature of Development: Construction of Camping/Caravan Site and Associated Access Roads, Services, Reception/Ablutions Building, Temporary Camping Shelters and Self Catering Lodges
Recommendation:  Grant.

There had been circulated Report No PLC/057/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Simon Hindson presented the report and recommendation.   It was noted that conditions 13 and 16 in report PLC/057/11 should be corrected to accord with the recommendation in the report presented to the Committee on 28 June 2011 (at page 23 of the papers). 

Following debate, Mr Donnie Mackay, seconded by Mr George Farlow moved that planning permission be granted subject to the conditions recommended in the report (subject to correction of condition 13 and 16 as stated above).

Mr Graeme Smith, seconded by Mr Jim McGillivray, moved as an amendment that planning permission be refused on the grounds that the conditions proposed were not sufficient to guarantee road safety and the adequate treatment of surface water and sewage water. 

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

For the Motion: (2)

Mr George Farlow
Mr Donnie Mackay

For the Amendment: (2)

Mr Jim McGillivray
Mr Graeme Smith

On an equality of votes between the motion and the amendment the Chairman cast his second and determining vote in favour of the motion.  The motion to GRANT planning permission therefore became the finding of the meeting subject to the conditions in the report and the amendment to conditions 13 and 16 as follows:

13. None of the Chalets hereby approved shall be made available for occupation as a permanent residence and none of them shall be occupied by the same persons or group of persons for more than three consecutive months or for more than six months in total in any calendar year.
Reason: In order to ensure that the chalets are occupied for tourism purposes only and not as permanent residential accommodation.

16. The camping and caravanning site shall not be open to unregistered new customers between the hours of 10 pm and 7 am.
Reason:  In the interest of amenity.

4.   Planning Applications

4.1   Applicant:  Braemara Limited per Agent Norscott Joinery Limited (11/01662/PIP) (PLC-058-11 (1288kb pdf))
Location:  Land 80 m North East of Sunfield, Scarfskerry 
Nature of Development: Proposed 8 House Development with Garages and Access Roads
Recommendation:  Grant.

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/058/11 by the Area Planning Manager North recommending the grant of planning permission in principle subject to the conditions detailed therein. 

Mr Victor Hawthorne presented the report and recommendation. 

Mr Robert Coghill was not in favour of the application and considered it overdevelopment of the area.  Six separate entrances to eight houses were not acceptable.

Mr Willie Mackay agreed noting that the 22 objections were all from houses less than a stones throw from this development.  This development was not in keeping with the character of a rural setting. 

Mr Hawthorne advised that this was an indicative layout only and this was not a hard and fast design.  The access arrangements required approval under condition 5 and the Planning Service would be looking for a reduction in the number of accesses before approval would be given.   He was satisfied, however, that this number of houses could be comfortably accommodated so as not to constitute overdevelopment. 

Mr Campbell Stewart indicated he had been surprised by the layout and would have expected a single access road to serve all the plots with individual accesses off that road.  The main road visibility splays were easily obtained. 

Following debate, Mr Graeme Smith, seconded by Mr George Farlow moved that planning permission in principle be granted subject to the conditions recommended in the report.

* Mr Rob Coghill moved as an amendment that the application be deferred for the applicant to reduce the number of houses.   There being no seconder the amendment fell. 

(* Agreed at North Planning Applications Committee on 10 January 2012)

Mr Willie Mackay, seconded by Mr Donnie Mackay, moved as an amendment that planning permission in principle be refused on the ground that the number of houses intended was too high for the site and out of character with the prevailing settlement character of the area. 

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

For the Motion: (6)

Mr George Farlow
Mr Bill Fernie
Mr Jim McGillivray
Mr Martin Rattray
Mrs Fiona Robertson
Mr Graeme Smith

For the Amendment: (2)

Mr Donnie Mackay
Mr Willie MacKay

Abstained: (1)

Mr Rob Coghill

Accordingly the motion became the finding of the meeting and planning permission in principle was granted subject to the conditions recommended in the report.

4.2   Applicant:  The Highland Council (11/02499/FUL and (11/02511/LBC) (PLC -059-11 (945kb pdf))
Location:  Highland Council Offices, Market Place, Wick
Nature of Development: Redevelopment of Existing Council Office Buildings to High Street/Market Place to Rationalise Council Offices in One Location.  Repair and Refurbish 3 Storey Crescent Block Known as Stafford Place. Demolish other Attached Buildings within the Site Curtilage to Allow Comprehensive Redevelopment of the Site Retaining Current use as Council Office Building to Altered Existing Building and New Attached Building
Recommendation:  Grant.

There had been circulated Report No PLC/059/11 by the Area Planning Manager North recommending the grant of planning permission and listed building consent subject to the conditions detailed therein. 

Mr Victor Hawthorne presented the report and recommendation. 

Following debate, the Committee agreed to grant planning permission and listed building consent subject to the conditions recommended in the report and subject to prior referral to Historic Scotland in respect of the listed building consent.

4.3   Applicant:  Muirden Energy (11/02554/FUL) (PLC-060-11 (1221kb pdf))
Location:  Land 600 m North East of Nonikiln Farm, Alness
Nature of Development: Erection of 2 Wind Turbines.
Recommendation:  Grant.

Mrs Maxine Smith and Mr Mike Finlayson had requested and been granted local member votes in respect of this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/060/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Dafydd Jones presented the report and recommendation and circulated visuals of the site for members to peruse prior to discussion. 

Mr Mike Finlayson was concerned about the fire risk with the turbine situated so close to the forest. 

Mr Martin Rattray supported the application but was concerned about the visual impact and wondered if it was possible to change the colour of the turbine.

Mr Jones advised that there was a good separation distance between the turbine and the forest which negated any fire risk.  He believed that the colouring of turbines had evolved from the aviation industry but he would investigate whether it was possible for the colour to be changed and, if so, colour samples would be given to local members for consideration. 

Mr Mike Finlayson moved deferral until the Planning, Environment and Development Committee had looked at the issue of fire risk in relation to turbines as safety was of paramount importance.  There being no seconder the motion fell. 

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

4.4   Applicant:  Mrs Christina Sutherland (11/03305/FUL) (PLC-061-11 (1980kb pdf))
Location:  11 Bain Place, Watten
Nature of Development: Erection of Single Storey Extension to Existing Dwelling 
Recommendation:  Grant.

Mr Donnie Mackay advised that as he had had previous discussion with the applicant he would not take part in the determination of this item and he left the meeting for the duration of the item.  Mr Rob Coghill took the Chair. 

Mr David Flear had requested and been granted a local member vote in respect of this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/061/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Victor Hawthorne presented the report and recommendation. 

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

4.5   Applicant: Mr Graham Burnett (11/03315/FUL) (PLC-062-11 (1118kb pdf))
Location:  Land 590 m West of Aldie House, Tain
Nature of Development: Erection of 2 Wind Turbines
Recommendation:  Grant.

Mr Alasdair Rhind had requested and been granted a local member vote in respect of this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/062/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Ms Lisa Mackenzie presented the report and recommendation. 

Mr Rhind stated that he was concerned about the noise levels from these turbines as they only just met the standard. 

Mrs Fiona Robertson considered this was a very popular area for walking and cycling and a lot of people saw more of this area than merely the view from the A9.

Following debate, Mr Bill Fernie, seconded by Mr Robert Coghill, moved that planning permission be granted subject to the conditions recommended in the report.

Mr Alasdair Rhind, seconded by Mrs Fiona Robertson moved as an amendment that planning permission be refused on the grounds of the proximity of the turbines to houses and their impact on amenity, particularly through noise. 

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

For the Motion: (5)

Mr Rob Coghill
Mr George Farlow
Mr Bill Fernie
Mr Jim McGillivray
Mr Graeme Smith

For the Amendment: (3)

Mr Donnie Mackay
Mrs Fiona Robertson
Mr Alasdair Rhind

Accordingly the motion became the finding of the meeting and planning permission was granted subject to the conditions recommended in the report.

4.6   Applicant:  Cromarty Firth Port Authority (11/03444/FUL) (PLC-063-11 (820kb pdf))
Location:  The Old Railway Sidings, Invergordon 
Nature of Development: Change of Use from Railway Sidings to Storage Facility.
Recommendation:  Grant.

Mr Martin Rattray, having taken the Clerk’s advice, declared an interest in this item as he was an employee of the Port Services (Invergordon) Limited and a resident of Cromlet Park and neighbour to several of the objectors. 

Mrs Maxine Smith and Mr Mike Finlayson had requested and been granted local member votes in respect of this item pursuant to Standing Order 13.2.

There had been circulated Report No PLC/063/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Mr Dafydd Jones presented the report and recommendation. 

Mrs Maxine Smith stated that Shore Road had been built to take heavy traffic away from Invergordon High Street.  Invergordon High Street has two pinch points making it difficult for large vehicles to navigate the High Street.  The Community had tried to purchase this area of ground for use as amenity land.  Tourists regularly walked down Station Road to see the murals from the World War and would see the storage area from this point.  If members were minded to grant permission, Mrs Smith would like to see the hours of operation amended to 8.30 am to 6 pm weekdays, 8.30 to 1.00 pm on Saturdays with no working on Sundays. 

Mr Jones advised that if the hours of operation were changed to 8.30 am they would coincide with school traffic and could cause unnecessary traffic build up. 

Mr Stewart advised that the High Street pinch points were not designed to make the road inaccessible to large vehicles but were a traffic calming measure only. Large vehicles regularly used this route. 

Mr Alasdair Rhind addressed the Committee under Standing Order 13.1 to point out that there were other industrial units in close proximity to this site.

Mrs Maxine Smith, seconded by Mr Mike Finlayson, then moved that planning permission be refused due to loss of amenity, noise disturbance and inconvenience to residents, loss of potential amenity land and adverse impact on road safety on the High Street.

Mr Graeme Smith, seconded by Mr Rob Coghill, moved as an amendment that planning permission be granted, under deletion of condition 2 (as earlier recommended by Mr Jones) and the imposition of a footnote to advise

Contaminated Land:  There is the potential for contamination at this site due to its use as railway sidings.  As the proposed development would not appear to materially change the risk of potential contamination at the site an investigation is not required at this stage.  However, be advised that all sites with a former industrial/commercial use have been prioritised by the Highland Council under duties conferred by Part 11A of the Environmental Protection Act 1990 and may require investigation in the future.  In
addition land contamination issues may affect property value.  Should you wish to discuss potential contamination issues or commission your own investigation please contact TEC Service - Contaminated Land for advice.##

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

For the Motion: (3)

Mrs Fiona Robertson
Mrs Maxine Smith
Mr Mike Finlayson

For the Amendment: (6)

Mr Rob Coghill
Mr George Farlow
Mr Bill Fernie
Mr Donnie MacKay
Mr Jim McGillivray
Mr Graeme Smith

Accordingly the amendment became the finding of the meeting and planning permission was granted subject to the conditions recommended in the report under deletion of condition 2.

4.7   Applicant:  The Highland Council (11/03694/FUL) (PLC-064-11 (673kb pdf))
Location:  Kinlochbervie Roads Depot, Oldshoremore, Kinlochbervie 
Nature of Development: Erection of a 15 m Wind Turbine.
Recommendation:  Grant.

There had been circulated Report No PLC/064/11 by the Area Planning Manager North recommending the grant of planning permission subject to the conditions detailed therein. 

Ms Lisa Mackenzie presented the report and recommendation. 

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

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

5.1   Applicant:  Messrs D B Angus (10/04718/FUL) (PPA-270-2058 (67kb pdf))
Location:  Barrogill Mains, Mey, Thurso 
Nature of Development: Erection of 20 KW Wind Turbine 

The Committee noted the appeal had been dismissed.

6. Delegated Decisions and Performance

The Committee noted the summary of delegated decisions on planning applications from 15 October 2011 to 3 December 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