16 December 2014: North Planning Applications Committee

A meeting of the North Planning Applications Committee will take place in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday, 16 December 2014 at 10.30 am.

You are invited to attend and a note of the business to be considered is attached.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

Members are reminded that during determination of any item before this Committee they must be present throughout the whole of that item in order to be entitled to participate.

Members are further reminded that mobile devices, including mobile phones, can be used for following the agenda/reports and delivering speeches but should not be used for any form of communication (text or tweet) during the meeting.

Yours faithfully

Alaisdair Mackenzie , Legal Manager
(for Depute Chief Executive/Director of Corporate Development)

1.  Apologies for Absence
Leisgeulan 

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting.  Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest.  Advice may be sought from officers prior to the meeting taking place. 

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the North Planning Applications Committee held on 11 November 2014. 

4.  Major Applications
Iarrtasan Mòra

There is circulated Report No PLN/083/14 by the Head of Planning and Building Standards, which provides an update on progress of all cases within the ‘Major’ development category currently with the Planning and Development Service for determination and identifies those proposed applications which have Proposal of Application Notice (PAN).  The report also details progress on proposals submitted under S36 or S37 of the Electricity Act 1989 on which the Council is consulted.

The Committee is invited to note the current position with these applications.

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

5.1  Description: Residential development of approximately 72 dwellings (mix of flats, terraced, semi-detached and detached houses) and 470 sq m of commercial floor space (Category of development – Major) (14/04418/PAN) (PLN/084/14)
Ward:  9 
Applicant: HPG Limited 
Site Address:  Former Fish Factory, High Street, Conon Bridge.   

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

There are circulated Reports Nos PLN/085/14 – PLN/091/14 by the Area Planning Manager (North) which are as follows:-

6.1  Applicant: Cowrie Associates Ltd (14/002874/FUL) (PLN/085/14)
Location: Foreshore about 500 m North West of Keoldale Pier, Kyle of Durness (Ward 1)
Nature of Development: Marine Shellfish Farm – Native and Pacific oysters – new site consisting of up to 3800 steel trestles supporting plastic “Ortac” baskets in a site area of 1.98 ha access by boat from Keoldale Jetty (as amended) 
Recommendation: Grant  

6.2  Applicant: Hjaltland Seafarms Ltd (14/01595/FUL) (PLN/086/14)
Location: West side of Ru Chorachan, near Uig Bay, Loch Snizort, Skye (Ward 11) 
Nature of Development: Proposed new salmon farm
Recommendation: Grant.

6.3  Applicant: Bayfield Proprietors (14/01943/PIP) (PLN/087/14)
Location: Land East of Lower Bayfield, Nigg, Tain (Ward 8) 
Nature of Development: Erection of house, formation of vehicular access (planning in principle)
Recommendation: Grant.

6.4  Applicant: Bayfield Proprietors (14/01944/PIP, 14/01945/PIP and 14/01121/PIP) (PLN/088/14)
Location: Land East of Lower Bayfield, Nigg, Tain (Ward 8) 
Nature of Development: Erection of 3 houses and formation of vehicular access (planning in principle)
Recommendation: Refuse.

6.5  Applicant: Mr Gordon Christie (14/02938/FUL) (PLN/089/14)
Location: An Cabar, 7 Mountrich Place, Dingwall (Ward 9) 
Nature of Development: Erection of decking (Retrospective)
Recommendation: Refuse.

6.6  Applicant: Mr and Mrs M MacLennan (14/03218/FUL) (PLN/090/14)
Location: Land 445 m NE of 5 Kinbeachie, Culbokie (Ward 10) 
Nature of Development: Erection of house and garage
Recommendation: Refuse.

6.7  Applicant: Conchra Charitable Trust (14/04117/FUL) (PLN/091/14)
Location: Loch Duich Hotel, Ardelve (Ward 6) 
Nature of Development: Change of use of existing hotel to 11 self-catering apartments, with additional 7 new build units and function room
Recommendation: Grant.

Minute of the meeting of the North Planning Applications Committee held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 16 December, 2014 at 10.30 am.  

Committee Members Present:  

Mr D Bremner (item 6.3 – 6.7), Mrs I Campbell, Mrs G Coghill, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mr D MacKay, Mrs A MacLean, Mrs I McCallum, Mr D Millar (excluding items 6.3 – 6.7), Mrs M Paterson, Mr G Phillips (excluding items 6.4 - 6.7), Mr I Renwick (excluding Item 6.3), Mr A Rhind (excluding items 6.6 and 6.7), Dr A Sinclair and Ms M Smith (excluding items 6.2, 6.6 and 6.7).  

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 – Headquarters
Mr C Wishart, Principal Planner
Mr J Bromham, Aquaculture Development Officer
Mr B Robertson, Principal Planner
Mrs E McArthur, Principal Planner
Mr J Danby, Principal Engineer, 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.   

1.  Apologies 
Leisgeulan

There were no apologies.

2.  Declarations of Interest 
Foillseachaidhean Com-pàirt

There were no declarations of interest.

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 11 November 2014.  Following amendment by the removal of the words “Regeneration of” in the declaration of interest at item 5.1 the minute was APPROVED.

4.  Major Applications 
Iarrtasan Mòra  

There had been circulated Report No PLN/083/14 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. 

The Committee NOTED the Report.

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

5.1  Description: Residential development of approximately 72 dwellings (mix of flats, terraced, semi-detached and detached houses) and 470 sq m of commercial floor space (Category of development – Major) (14/04418/PAN) (PLN/084/14)
Ward:  9 
Applicant: HPG Limited 
Site Address:  Former Fish Factory, High Street, Conon Bridge.    

There had been circulated Report No PLN/084/14 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 Report.  

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant: Cowrie Associates Ltd (14/002874/FUL) (PLN/085/14)
Location: Foreshore about 500 m North West of Keoldale Pier, Kyle of Durness (Ward 1)
Nature of Development: Marine Shellfish Farm – Native and Pacific oysters – new site consisting of up to 3800 steel trestles supporting plastic “Ortac” baskets in a site area of 1.98 ha access by boat from Keoldale Jetty (as amended) 
Recommendation: Grant

There had been circulated Report No PLN/085/14 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation with condition 3 to be re-worded to include a reference to litter.

6.2  Applicant: Hjaltland Seafarms Ltd (14/01595/FUL) (PLN/086/14)
Location: West side of Ru Chorachan, near Uig Bay, Loch Snizort, Skye (Ward 11) 
Nature of Development: Proposed new salmon farm
Recommendation: Grant.

There had been circulated Report No PLN/086/14 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

In response to questions it was confirmed that:

• data on levels of sea lice on fish farms is monitored by the Scottish Salmon Producers Organisation but for the area as a whole and not by individual sites;
• in the context of planning applications for fish farms the Council can ask for information on trends in the levels of sea lice and what the fish farm will do to manage sea lice;
• the RSPB has information on white-tailed eagles in the Loch Snizort area and is concerned only that the eagles may be affected during the construction phase of the salmon farm

The Committee AGREED the recommendation.

6.3  Applicant: Bayfield Proprietors (14/01943/PIP) (PLN/087/14)
Location: Land East of Lower Bayfield, Nigg, Tain (Ward 8) 
Nature of Development: Erection of house, formation of vehicular access (planning in principle)
Recommendation: Grant.

There had been circulated Report No PLN/087/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

In response to questions it was confirmed that access from the top road was lengthy and the application had come in with access from the low road. 

Following discussion, the Committee AGREED the recommendation with conditions 5 and 6 amended to remove reference to more than one house.

6.4 Applicant: Bayfield Proprietors (14/01944/PIP, 14/01945/PIP and 14/01121/PIP) (PLN/088/14)
Location: Land East of Lower Bayfield, Nigg, Tain (Ward 8) 
Nature of Development: Erection of 3 houses and formation of vehicular access (planning in principle)
Recommendation: Refuse.

There had been circulated Report No PLN/088/14 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.  

The Committee AGREED the recommendation.  

6.5  Applicant: Mr Gordon Christie (14/02938/FUL) (PLN/089/14)
Location: An Cabar, 7 Mountrich Place, Dingwall (Ward 9) 
Nature of Development: Erection of decking (Retrospective)
Recommendation: Refuse.

There had been circulated Report No PLN/089/14 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Following discussion, Mrs M Paterson, seconded by Dr A Sinclair moved that the Committee hold a site inspection. 

Ms M Smith, seconded by Mr G Farlow moved as an amendment that the application be determined without a site visit. 

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

For the Motion (8) 

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr M Finlayson, Mr D MacKay, Mrs I McCallum, Mrs M Paterson and Dr A Sinclair. 

For the Amendment (7)

Mr G Farlow, Mr B Fernie, Mr C Fraser, Mrs A MacLean, Mr I Renwick, Mr A Rhind and Ms M Smith.

The motion therefore became the finding of the meeting and the Committee AGREED to hold a site inspection, commencing at Council Offices, Dingwall, at 11.00 am on 16 February 2015.     

6.6  Applicant: Mr and Mrs M MacLennan (14/03218/FUL) (PLN/090/14)
Location: Land 445 m NE of 5 Kinbeachie, Culbokie (Ward 10) 
Nature of Development: Erection of house and garage
Recommendation: Refuse.

There had been circulated Report No PLN/090/14 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.  

During discussion Members made the following comments:

• the demographics of the area justified the house;
• the design was proportionate and acceptable within the Development Plan with the sporadic houses in the area;
• the applicants would be returning to the area to work the croft;
• although this was a small parcel of land, the land was very good quality;
• the applicants already worked the land and this would expand the croft; and
• Under Policy 35 a house was essential for land management.

Mrs I McCallum, seconded by Mr G Farlow moved that the application be approved for the following reason:

The justification put forward by the applicants is judged to meet the requirements of policy 35 given the existing and proposed level of agricultural activity and the intensity of livestock breeding on high quality agricultural land. A section 75 Agreement, at the applicants’ expense, will be required to tie the operational land holding to the house.

There being no amendment, the Committee AGREED, subject to prior conclusion, within 4 months and at the applicants’ expense, of a section 75 Agreement tying the operational land holding to the house, to grant subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Vice Chair.

6.7  Applicant: Conchra Charitable Trust (14/04117/FUL) (PLN/091/14)
Location: Loch Duich Hotel, Ardelve (Ward 6) 
Nature of Development: Change of use of existing hotel to 11 self-catering apartments, with additional 7 new build units and function room
Recommendation: Grant.

There had been circulated Report No PLN/091/14 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Area Planning Manager asked the Committee to include an additional footnote regarding disabled parking.

The Committee AGREED to grant subject to the conditions as recommended with an additional footnote regarding disabled parking.

The Legal Manager advised that the meeting on 13 January 2015 had been cancelled.

There being no further business the meeting closed at 1.05 pm.