Agendas, reports and minutes

 

Minute of the meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 11 November, 2014 at 10.30 am.  

Committee Members Present:  

Mrs G Coghill, Mr G Farlow (excluding item 6.1), Mr B Fernie, Mr M Finlayson (excluding items 7.2 and 9), Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson (excluding item 6.1), Mr I Renwick, Mr A Rhind (excluding Items 7.3 – 9), Dr A Sinclair and Ms M Smith (from Item 4).  

Non Committee Members Present:  

Mr H Morrison.  

Officials in attendance:  

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mr D Mudie, Planning Team Leader – HQ
Mr K McCorquodale, Principal Planner
Mrs E McArthur, Principal Planner
Mr R Dowell, Graduate Planner
Ms J Bridges, Community Services
Mrs A MacArthur, Administrative Assistant

Business

Mrs Isobel McCallum in the Chair

The Chairman confirmed that the meeting would be filmed and broadcast over the Internet on the Highland Council website and would be archived and available for viewing for 12 months. 

Members marked Armistice Day with a two minute silence at 11.00 am.  

1.  Apologies 
Leisgeulan

Apologies were intimated on behalf of Mr Drew Millar and Mrs I Campbell.

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt

Item 5.1 – Mr G Farlow (non-Financial). 
Item 7.2 – Mr M Finlayson (non-Financial).

3.  Confirmation of Minutes 
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of the meeting of the Committee held on 14 October 2014 which was APPROVED.

4.  Major Applications 
Iarrtasan Mòra

There had been circulated Report No PLN/075/14 by the Head of Planning and Building Standards providing an update  on progress of all cases within the “Major” development category currently with the Planning and Development Service for determination. 

Members had the following questions:

• Had the Kinnairdie link road application been delayed and when would it come to Committee?
• Were the comments relating to the retail developments in Portree up to date?

Mr D Jones advised that with regard to the Kinnairdie link road application: Community Services had modified the scheme to take account of comments received and therefore there would be further consultation and advertising.  It was hoped that the application would come to the Committee early in the New Year.

The comments in relation to the retail developments in Portree were up to date.

The Committee NOTED the Report. 

5.  Major Developments – Pre-application consultation 
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais

Declaration of Interest - Mr G Farlow declared a non-financial interest in this item as a Council appointed member of the Dounreay Stakeholders Group and the Caithness and North Sutherland Regeneration Partnership.

5.1  Description:  Erection of building to form nuclear archive facility, formation of access and car parking and landscaping (Major Development) (14/04076/PAN) (PLN/076/14) 
Ward: 3 – Wick 
Applicant: N D A Properties Limited 
Site Address:  Land to NNE of Clayquoy House, Wick Airport Industrial Estate, Wick

There had been circulated Report No PLN/076/14 by the Area Planning Manager on the submission of a Proposal of Application Notice (PAN), describing the site and setting out likely relevant policies and potential material planning considerations.

The Committee NOTED the submission of the PAN and had no material planning issues it wished to bring to the applicant’s attention other than those identified in the Report.

6.  Continued Items 
Cuspairean a' Leantainn

Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mr I Renwick, Mr A Rhind, Dr A Sinclair and Ms M Smith had attended the meeting on 16 September 2014 and were entitled to take part in this item.  The remaining members left the chamber during determination of this continued item.  

6.1    Applicant: MeyGen Limited (14/02735/FUL) (PLN/077/14) (PLN/068/14)
Location: Ness of Huna and Ness of Quoys (Ward 4)
Nature of Development: Amended design and finish for 3 power conversion unit buildings (PCUBs) at the previously approved (ref 12/02874/FUL)
Recommendation: Grant. 

There had been circulated Report No PLN/077/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein.  The item had been deferred from the 16 September 2014 meeting as the Committee had expressed disappointment with the amended design and deferred consideration of the application to allow the Applicant to review the design. 

During discussion Members commented as follows:

• The reduction in the scale and massing was welcomed;
• The new colour proposed for the roof of the building blended with the skyline; and
• It was apparent that with offshore renewable energy more buildings would be coming forward onshore and the Committee would need to be careful with the design of these buildings.

The Committee AGREED the recommendation.

7.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh 

7.1    Applicant: Tarmac Lafarge Ltd (02/00941/FULRC) (PLN/078/14)
Location: Tor Leathan Quarry, Ardross, Alness (Ward 07)
Nature of Development: Application under Section 74 of the Act for the determination of updated planning conditions under application RC/1975/102 for the winning and working of minerals.
Recommendation: Grant.

There had been circulated Report No PLN/078/14 by the Head of Planning and Building Standards recommending the approval of the new operating conditions detailed therein.

Members had the following concerns.

• Road safety issues with the volume of heavy vehicles and the previous damage to the bridge caused by heavy vehicles;
• Noise issues related to the 7.00 am start as there was now considerably more houses in the area of the quarry;
• No detail of how many vehicles would be using the road each day and the route that would be taken; and
• Existing quarries had been known to vastly exceed their original planning consent in relation to tonnage, could extraction levels be monitored?

In response to questions it was confirmed that:

• the Council, as Road’s Authority, could put a weight restriction on the smaller roads if there were issues with heavy vehicles;
• the nearest residence was 2 km from the site but varying noise allowances applied to different applications under PAN 50 and this was a standard condition for a quarry application;
• the previous consent had allowed the quarry to work 24 hours a day and a 7.00 am start was considered an acceptable compromise to allow the quarry to maximise daylight hours; and
• planning conditions now asked for an annual return to allow for the monitoring of tonnage.

Following discussion, Mrs I McCallum, seconded by Mr G Farlow moved that the recommendation be agreed.

Ms M Smith, seconded by Mr M Finlayson moved as an amendment that the recommendation be agreed but with an amendment to condition 11 that the operating hours read “operate only between the hours of 07.30 – 19.30 Monday to Friday and 07.30 to 13.30 on Saturdays”.

Reason: the recommended operating hours would cause undue noise nuisance to neighbouring properties.

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

For the Motion (9) 

Mr G Farlow, Mr B Fernie, Mr C Fraser, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mr I Renwick, Mr A Rhind and Mrs A Sinclair.

For the Amendment (4)

Mrs G Coghill, Mr M Finlayson, Mr D MacKay and Ms M Smith.

The motion therefore became the finding of the meeting and the Committee AGREED the recommendation.

7.2    Applicant: Cromartie Estate (14/02773/PIP) (PLN/079/14)
Location: Land at Nutwood, Strathpeffer (Ward 06)
Nature of Development: Erection of 15 houses (Planning Permission in Principle).
Recommendation: Grant.

Declaration of Interest - Mr M Finlayson declared a non-financial interest in this item as he was related to one of the objectors and left the Chamber during the determination of this item.

There had been circulated Report No PLN/079/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns.

• There had been no objection from the Forestry Officer in relation to the trees.
• Four affordable houses but not necessarily in this development, the houses to be in the Ward.
• Who would maintain the buffer areas, these areas would need some form of management?
• Would the existing driveway require to be upgraded?
• In relation to the hedge would a similar hedge be replanted?
• Would Eagle Stone remain protected as it was a fragile but important monument?
• The trees were to come down but as this was managed woodland, would the trees be replaced.
• What would happen to the electric cable?

In response to questions it was confirmed.

• The road would require to be upgraded as it was unsuitable for 18 houses (15 applied for and 3 existing), the road could be a shared surface with no separate path or pavement for pedestrians.
• A similar hedge would be replanted further from the road to maximise visibility splays.  A number of trees would require to be removed to accommodate the necessary road improvements.  The plans and information submitted were a fair reflection of the changes that would be required to provide a satisfactory access.  Further detailed plans would require to be submitted as the application sought planning permission in principle. The proposed conditions would require detailed tree planting proposals to mitigate against the loss of trees and the hedge. 
• The Council sought to protect the Eagle Stone area by having any development in that area removed from the new Local Plan.
• The 30 mph speed limit would require to be extended beyond the entrance on the South side to reduce the speed of traffic and therefore reduce the visibility splays required.  
• The applicants would have to discuss the electric cable with SSE and have it redirected or moved underground.
• The buffer zone would be maintained through a factoring agreement, details of which will require to be submitted to and agreed with the Planning Service.  

The Legal Manager advised, in line with the policy agreed by councillors, affordable housing could be elsewhere in the Ward or the developers could pay a commuted sum. 

The Committee AGREED, subject to the prior conclusion of a section 75 Agreement, within 4 months and at the applicant’s expense, to secure 4 affordable houses, to grant subject to the conditions (4 and 14 to be amended by replacing 4.5 with 2.4) as recommended.  

7.3    Applicant: Ms Katherine Grant (14/02901/PIP) (PLN/080/14)

Location: Land at croft 16 Lower Milovaig, Glendale (Ward 11)
Nature of Development: Erection of a house
Recommendation: Refuse.

There had been circulated Report No PLN/080/14 by the Area Planning Manager recommending refusal of the application for the reasons detailed therein.

Following discussion, the Committee AGREED the recommendation.

7.4    Applicant: Wind Prospect Development Limited (14/03570/FUL) (PLN/081/14)
Location: Land 1500 m west of Craggiemore, Rogart (Ward 05)
Nature of Development: Operation of an anemometer mast for a further temporary period of one year.
Recommendation: Grant.

There had been circulated Report No PLN/081/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation.

8.  Decisions of Appeals to the Scottish Government Directorate for Planning 
and Environmental Appeals
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

8.1    Applicant: Vento Ludens Limited (13/03312/FUL) (PPA-270-2106)
Location: Balnacoil Lodge, Strath Brora, Sutherland, KW9 6LX 
Nature of Development:  Construction and operation of a 15 turbine (2 to 3 Mw output, 14 No up to 121 m tip height and 1 no up to 110 m tip height) Wind Farm, crane hardstandings, site access and tracks, single substation compound, control building, three borrow pits, felling of up to approximately 1 Ha of trees, two temporary compounds and associated parking.

The Committee NOTED that the appeal had been dismissed.

9.      Section 36 Applications – Policy Update
Tagraidhean Earrainn 36 – Fios às Ùr mu Phoileasaidh

Mr B Fernie, Mr C Fraser, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Ms M Smith and Mr H Morrison had attended both the site visit on the 13 May 2014 and the meetings on 16 April 2013 and 21 May 2013 and were entitled to take part in this item, although Mrs A MacLean could only do so with regard to the Sallachy application.  The remaining members left the chamber during determination of this continued item.

Application 12/02872/S36 Glencassley Wind Farm and Application 11/04718/S36 Sallachy Wind Farm, Both By Lairg, Sutherland

Further Representations Following Updated National Planning Framework And Scottish Planning Policy (June 2014)  

There had been circulated Report No PLN/082/14 by the Head of Planning and Building Standards which explained that following the publication of the National Planning Framework 3 and the updated Scottish Planning Policy, the Energy Consents and Deployment Unit (ECDU) was asking all parties submitting representations on two as yet undetermined Section 36 wind farm applications if they wished to update their response. The Report recommended that the response to the ECDU be that the Council has no additional representations to submit.

The Committee AGREED the recommendation.  

There being no further business the meeting closed at 12.45 pm.