Agendas, reports and minutes

 

7.7
Applicant: Upland Developments Ltd (14/02514/FUL) (PLS/074/14)
Location: Woodside Village, Westhill, Inverness (Ward 20)
Nature of Development: Proposed erection of 16 flats and 2 commercial units (amended layout).
Recommendation: Grant

 

There had been circulated Report No PLS/074/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and recommendation.

In response to questions it was confirmed that:-

• the Flood Team were completely satisfied that the two filter trenches were sufficient to cope with floodwater and surface water drainage. This was particularly important due to the location of the Smithton Burn. It was further confirmed that the stone dyke was no longer required as a flood holdback barrier; and
• with regard to the turning circle for commercial vehicles, community concerns had been addressed by an amended proposal for the turning circle. It was now proposed that pedestrians would be separated from vehicles by a barrier.

During discussion Members commented that:-

• it was important to be aware that historically the area had been badly affected by flooding;
• with regard to the turning circle it was important to acknowledge the concerns of the local community. During discussion not all Members agreed that the proposed safety barriers at the amended turning circle addressed the fears of the community;
• the site was overdeveloped;
• consultation had taken place with the community; and
• the pre-school nursery did not object to the application.

Mr J Crawford, seconded by Mr R Balfour, then moved that planning permission be refused for the following reason:-

• The proposed development was contrary to Policy 28 of the Highland wide Local Development Plan as it would be significantly detrimental in terms of failing to enhance community safety in that the turning area for commercial vehicles will be in close proximity to a children’s nursery and a playpark.

Mr J Gray, seconded by Mr D Fallows, then moved as an amendment that the application be granted subject to the conditions recommended in the report with additional conditions relating to flood risk attenuation referred to in the presentation.

On a vote being taken, four votes were cast in favour of the motion and 12 votes in favour of the amendment as follows:-

Motion
Mr R Balfour
Mr J Crawford
Mr B Lobban
Mr T MacLennan

Amendment
Mr A Baxter
Mrs M Davidson
Mr A Duffy
Mr D Fallows
Mr J Gray
Mr M Green
Mr D Kerr
Mr C Macaulay
Mr F Parr
Mr T Prag
Mrs J Slater
Mr H Wood

The amendment to GRANT planning permission subject to the conditions recommended in the report, with additional conditions relating to flood risk attenuation referred to in the presentation, accordingly became the finding of the meeting.

7.8
Applicant: D and C Turnbull (14/03051/MSC) (PLS/075/14)
Location: Land 75M SW of Tigh Litrichean, Dalchreichart, Glenmoriston (Ward 13)
Nature of Development: Erection of house
Recommendation: Grant

There had been circulated Report No PLS/075/14 by the Area Planning Manager South recommending approval of matters specified in conditions as recommended in the report.

Mr K Gibson presented the report and recommendation.

In response to a question it was confirmed that it was unreasonable to ask for a developer contribution towards road upgrading.

During discussion Members commented that a condition to re-instate the dyke to the front of the development would be appreciated.

Thereafter, the Committee agreed to APPROVE the matters specified in conditions 1,2, 3 and 4 of planning permission in principle 12/03624/PIP as recommended in the report, with an additional condition requiring the dry stone dyke to be reinstated outwith the visibility splays from the access to the public road.

7.9
Applicant: A.R. Briggs Ltd (14/00742/PIP) (PLS/076/14)
Location: The Deerstalker, Daviot (Ward 20)
Nature of Development: Demolition of former Public House and formation of three house plots with associated services (as amended)
Recommendation: Grant

There had been circulated Report No PLS/076/14 by the Area Planning Manager South recommending that planning permission in principle be granted subject to the conditions recommended in the report.

Ms N Drummond presented the report and recommendation.

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

7.10
Applicant: Glen Mhor Limited (14/01964/FUL and 14/02032/LBC) (PLS/077/14)
Location: Glen Mhor Hotel, 9-15 Ness Bank, Inverness (Ward 15)
Nature of Development: Demolish existing public bar. Erect extension to create craft brewery pub, visitor centre and restaurant area, construct new parking area and demolish boundary walls.
Recommendation: Grant

There had been circulated Report No PLS/077/14 by the Area Planning Manager South recommending that planning permission and Listed Building Consent be granted subject to the conditions recommended in the report.

Before any presentation of the report and recommendation took place, Members debated whether or not to hold a site inspection before determining the application.

After discussion, the Committee agreed to DEFER for a site visit.

7.11
Applicant: Christopher Blake (14/03015/FUL) (PLS/078/14)
Location: 59B Strathspey Drive, Grantown-On-Spey (Ward 21)
Nature of Development: Change of use of open amenity ground to house curtilage
Recommendation: Grant

There had been circulated Report No PLS/078/14 by the Area Planning Manager South recommending that planning permission be granted subject to the conditions recommended in the report.

Mr J Kelly presented the report and recommendation.

In response to a question it was confirmed that:-

• legally the land was not and had never been a public open space. It was privately-owned open space with no public rights of access over the land; and
• permitted development rights would be removed.

During discussion Members commented that:-

• it was paramount that open amenity space should remain as open amenity space and therefore that these areas should not be removed; and
• not all public open amenity space was successful.

Mr B Lobban, seconded by Mr D Fallows, then moved that planning permission be refused for the following reason:-

• the proposal is contrary to Policy 36 of the Cairngorms National Park Local Plan 2010 which creates a presumption against development that would result in a loss of existing provision of open space.

Mr J Gray, seconded by Mr T Prag, then moved as an amendment that the application be granted subject to the conditions recommended in the report.

On a vote being taken, 11 votes were cast in favour of the motion and six votes in favour of the amendment as follows:-

Motion
Mr R Balfour
Mr A Baxter
Mr B Clark
Mrs M Davidson
Mr A Duffy
Mr D Fallows
Mr M Green
Mr R Laird
Mr B Lobban
Mr T MacLennan
Mr H Wood

Amendment
Mr J Gray
Mr D Kerr
Mr C Macaulay
Mr F Parr
Mr T Prag
Mrs J Slater

The amendment to REFUSE planning permission for the reason stated accordingly became the finding of the meeting.

8. Decisions of the Scottish Government’s Directorate for Planning and Environmental Appeals, Energy and Climate Change Directorate, and Directorate for Local Government and Communities
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Ath-thagraidhean Dealbhaidh is Àrainneachd, Buidheann-stiùiridh Cumhachd agus Atharrachadh Gnàth-shìde, agus Buidheann-stiùiridh Riaghaltas Ionadail is Coimhearsnachdan Riaghaltas na h-Alba

8.1
Applicant: Scotia Homes Ltd, Barratt North East Scotland and Robertson Homes
Location: Land at Cawdor Road, Nairn, IV12 5LU
Nature of Development: Residential development consisting 319 units (232 houses and 87 flats) and associated infrastructure and public open space

The Committee NOTED:-

i. the decision to dismiss the appeal and refuse planning permission;
ii. that the Highland Council’s claim for expenses was declined; and
iii. that the appellants’ claim for expenses was awarded in part.

8.2
Applicant: Inverness Properties Limited
Location: South and West of Rose Street, Inverness
Nature of Development: Demolition of Rose Street Hall and Decked Car Park and Phased Redevelopment to provide Multi-storey Student Accommodation, Shops, Food and Drink Premises, Public Space and Environmental Enhancement

The Committee NOTED:-

i. the decision to dismiss the appeal and refuse planning permission; and
ii. that the appellants’ claim for expenses was declined.

The meeting ended at 3.55 pm