Agendas, reports and minutes

Minute of the meeting of the North Planning Applications Committee held on site at 33 Scouriemore, Scourie, Sutherland on Monday 23 March 2015 at 12.00 noon and in the Council Chamber, Council Offices, High Street, Dingwall on Tuesday 24 March 2015 at 10.30 am.

Committee Members Present:

Site Inspection Meeting on 23 March:

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr D Mackay, Mrs I McCallum, Mrs M Paterson and Mr G Philips. 

Non-Members present:

Mr N MacDonald.

Scheduled Meeting on 24 March:

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr M Finlayson (excluding items 6.4 – 7.4), Mr C Fraser (excluding items 5.1 and 6.2 – 7.4), Mr D MacKay (excluding item 6.2), Mrs A MacLean (excluding items 5.1 and items 6.2 – 7.4), Mrs I McCallum, Mrs M Paterson, Mr G Phillips, Mr I Renwick (excluding item 5.1), Dr A Sinclair (excluding items 5.1 – 5.2), Ms M Smith (excluding item 5.1 and items 6.4 – 7.4), Hamish Fraser (substitute) (excluding items 5.1, 5.3 and 6.1) and Mr H Morrison (substitute) (excluding item 5.1).

Non-Members present:

Mr N MacDonald, Mr R Saxon

Officials in attendance: 

Site Inspection Meeting on 23 March:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk 
Mr D Jones, Area Planning Manager North
Mr B Robertson, Principal Planner
Mrs A MacArthur, Administrative Assistant 

Scheduled Meeting on 24 March:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager North
Mr D Mudie, Team Leader – HQ
Mr M Harvey, Team Leader – Skye
Mr B Robertson, Principal Planner
Mr N Brockie, Planner 
Ms K Hawthorne, Conservation Officer
Ms J Bridge, Senior Engineer
Mr S Taylor, Administrative Assistant
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

Site Inspection Meeting on 23 March:

Apologies were intimated on behalf Mr G Farlow Mr C Fraser, Mrs A MacLean, Mr D Millar, Mr I Renwick, Dr A Sinclair and Ms M Smith.

Scheduled Meeting on 24 March:

Apologies were intimated on behalf of Mr G Farlow and Mr D Millar. 

2. Declarations of Interest 
Foillseachaidhean Com-pàirt

Item 5.2 – Dr A Sinclair (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 16 and 17 February 2015 which was APPROVED.

4. Major Applications 
Iarrtasan Mòra

There had been circulated Report No PLN/007/15 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.

In response to questions it was confirmed: 

• the Nutwood application was subject to conclusion of a Section 75 Agreement which was being progressed; 
• the Wyndhill development application had not come before members yet, as part of that application they were looking at public access routes; and 
• in relation to the Kylerhea turbines, Planning had only been advised by Marine Scotland in December that the application had been withdrawn in June last year. Mr Mudie advised that he had already taken the matter of communication on this application up with Marine Scotland but was still awaiting their response.

The Committee NOTED the Report.

5. Continued Items
Cuspairean a' Leantainn

5.1
Applicant: Mr D Bentley, per Matheson, Mackenzie Ross Architects (14/03662/FUL) (PLN/018/15) (PLN/004/15)
Location: Land North of 33 Scouriemore, Scourie (Ward 01)
Nature of Development: Formation of road access, construction of detached dwelling and associated services and demolition of existing shed 
Recommendation: Refuse.  

There had been re-circulated Report No. PLN/004/15 and a revised Report No. PLN/018/15 with revised plans by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein. 

Mr D Bremner, Mrs I Campbell, Mrs G Coghill, Mr B Fernie, Mr M Finlayson, Mr D Mackay, Mrs I McCallum, Mrs M Paterson and Mr G Philips had attended the site inspection on the 23 March 2015 and could take part in this item. The remaining members left the room.

The Committee had held a site inspection on 23 March 2015 in relation to this item. The site inspection viewed the proposed house site from the road above the site, from the road below the site and from the pier across the bay. Mr B Robertson pointed out physical features relevant to the application. The applicant and the applicant’s agent were not present at the site inspection.

Members made the following comments: 

• the revised plans had not improved sufficiently to merit a change in the recommendation; 
• concern in regard to the height and massing of the house in relation to the neighbouring houses; 
• from the road above the site, the house would appear as a one and a half storey house;  
• the site when viewed in relation to the bay was not incongruous as there was another large building in the bay near the pier; and 
• the house design was not appropriate for the size of the site; 

Mrs I McCallum, seconded by Mr G Phillips, moved to defer the application to continue discussions on the design given the size of the proposed house in relation to the size of the site.

Mr B Fernie, seconded by Mrs G Coghill, moved as an amendment that the application as modified be approved, subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

Reason: It is considered that the modification to the design is acceptable and doesn’t conflict with policy 28 provided there are appropriate quality finishes including a slate roof and natural stone front.

On a vote being taken by roll call, three votes were cast in favour of the motion and six in favour of the amendment as follows: 

For the Motion (3)

Mr M Finlayson
Mrs Isobel McCallum 
Mr G Phillips

For the Amendment (6)

Mr D Bremner
Mrs I Campbell
Mrs G Coghill 
Mr B Fernie
Mr D Mackay 
Mrs M Paterson 

The amendment therefore became the finding of the meeting and the Committee AGREED to grant the application as modified subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

5.2
Applicant: Oatridge Limited Allan Campbell (13/03976/PIP) (PLN/008/15) (PLN/062/14)
Location: Land 300 m NW of Electricity Sub Station, Staffin Road, Portree, Isle of Skye (Ward 11) 
Nature of Development: Retail supermarket, petrol filling station and associated parking and servicing areas. Access road from existing Home Farm road roundabout with new bus stop, turning head and new pedestrian crossing. New link road and roundabout from Staffin Road to Home Farm Road. 
Recommendation: Refuse.

Dr A Sinclair declared a non-financial interest as a member of the Board of Lochalsh and Skye Housing Association and left the room during this item. 

There had been circulated Report No PLN/008/15 and previous Report No PLN/062/14 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein. 

Members made the following comments: 

• why had this area of land been chosen as a retail site as it was not within the land that had been allocated for retail in the local Development Plan?
• in relation to cumulative retail impact and the assessment that had been undertaken on floor space and the number of vehicles, had any cognisance been taken of the vehicles already travelling to and from Skye with regard to on-line shopping?
• this retail development would give people more choice and provide some healthy competition; 
• this would be beneficial for the area and bring employment; 
• there had only been two representations made; and
• this development is not in isolation there is a development for houses in the immediate area;

In response to questions it was confirmed that:

• in terms of on-line shopping and van deliveries there had been an attempt to capture these but it was difficult to fully ascertain; and
• land ownership and control of the land had been the reason for the choice of the site; 

Mrs I McCallum, seconded by Mrs A MacLean, moved the recommendation to refuse the application.

Mr H Fraser, seconded by Mr I Renwick, moved as an amendment that the application be approved, subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair and the prior conclusion of a Section 75 Agreement to secure: town centre improvements, public transport contribution, green infrastructure/outdoor access and public art.

Reason: The development is a natural extension for further commercial development of urban Portree and is compatible with nearby developments. The development would act as a catalyst for further development opportunities to underpin the sustainability of Portree as a viable commercial centre. The need for greater choice and competition in the area and for modern retail facilities as identified in the community consultation undertaken by the applicant. The granting will create jobs and reduce the majority of vans importing foodstuffs from the mainland.

On a vote being taken by roll call, two votes were cast in favour of the motion and twelve in favour of the amendment as follows: 

For the Motion (2)

Mrs A MacLean
Mrs I McCallum

For the Amendment (12)

Mr D Bremner
Mrs I Campbell
Mrs G Coghill 
Mr B Fernie
Mr M Finlayson 
Mr C Fraser
Mr H Fraser 
Mr D Mackay
Mr H Morrison 
Mrs M Paterson 
Mr G Phillips
Mr I Renwick

The amendment therefore became the finding of the meeting and the Committee agreed subject to prior conclusion of a section 75 Agreement at the Applicant’s expense to secure: town centre improvements, public transport contribution, green infrastructure/outdoor access and public art, to grant subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

5.3
Applicant: Mr Gordon Adam (14/00912/PIP) (PLN/009/15) (PLN/064/14)
Location: Land 180 m NE of Hillockhead, Rosemarkie (Ward 10) 
Nature of Development: Erection of House 
Recommendation: Grant. 

There had been circulated Report No PLN/009/15 and previous report No PLN/064/14 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

The Committee AGREED subject to prior conclusion, at the Applicant’s expense, of a section 75 Agreement to tie the house to the area of land that will be occupied by the glamping business and part of the surrounding lands, to grant subject to the conditions as recommended.

6. Planning Applications to be Determined 
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicant: Mr D Hymers (10/03063/FUL) (PLN/010/15)
Location: Farm Steading, Watten Mains, Watten, Wick, KW1 5UH (Ward 04) 
Nature of Development: Demolition and alteration of existing agricultural buildings and erection of 2 new general purpose agricultural buildings
Recommendation: Refuse. 

There had been circulated Report No PLN/010/15 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein. 

Members’ comments included the following:

• Mrs Coghill had been in lengthy talks with the applicant and the Planning Officer and progress had been made to reduce the amount of demolition requested and to keep more of the historic buildings;
• this was a working farm and the farmer could not work the farm with the buildings as they were; and
• the large steading was dangerous and in a ruinous state of repair, a large part of the building had already fallen; 

In response to questions it was confirmed that:

• approval could only be given if members formed the view that this was not curtilage listed and they would need to provide evidence and reasons for this; 
• the curtilage listing was for the local authority to determine and the expert advice on this provided by the Council’s Conservation Officer stated that it was curtilage listed, as the house had been listed and it was all in the same ownership it met the curtilage test and was therefore listed, the curtilage test had been set in law; and
• any demolition would require Listed Building Consent and the applicant had refused to apply for Listed Building Consent; 

The Committee AGREED to defer to the June meeting to work out a compromise and resolve the situation with Councillor G Coghill to be included in discussions.

The Committee then broke for lunch at 1.25 pm.

6.2
Applicant: Fine Energy Ltd (14/03832/FUL) (PLN/011/15)
Location: Land 265 m NW of Upper Northfield Farm, Hempriggs, Thrumster, Wick (Ward 03) 
Nature of Development: Erection of 50 kw single wind turbine, 34.2 m height to tip and 24 m to hub.
Recommendation: Refuse. 

There had been circulated Report No PLN/011/15 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein. Visualisations were distributed and members were given time to peruse.

Members made the following comments: 

• the turbines were one third the height of other developments in the immediate area and one further turbine would make little impact on the area;
• another wind turbine would be detrimental to the amenity and to the landscape of the area;

Mrs I McCallum, seconded by Mrs M Paterson, moved the recommendation to refuse the application.

Mr B Fernie, seconded by Mr D Bremner, moved as an amendment that the application be approved, subject to the prior completion of a Section 75 agreement at the applicant’s expense, and conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

Reason: The development would not create a detrimental impact as the turbine is small even with close proximity to the existing one and therefore does not conflict with Policy 61 and 67 of the Highland Wide Local Development Plan.

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

For the Motion (8)

Mrs I Campbell
Mrs G Coghill
Mr M Finlayson
Mrs I McCallum
Mrs M Paterson
Mr G Phillips
Ms M Smith
Dr A Sinclair

For the Amendment (5)

Mr D Bremner
Mr B Fernie
Mr I Renwick
Mr H Morrison
Mr H Fraser 

The motion therefore became the finding of the meeting and the Committee AGREED to refuse for the reasons detailed in the Report.

6.3
Applicant: Kilmac Energy LLP (Glen Ullinish) Ltd (14/03964/FUL) (PLN/012/15)
Location: Land 1800 m SE of Balmeanach, Glen Ullinish, Skye (Ward 11)
Nature of Development: The proposal is for a wind farm comprising 14 wind turbines (height to hub 78 m, height to tip 119 m, rotor diameter 82m,), sub-station building, access tracks, crane hard standings, borrow pits, concrete batching plant and water crossings (Glen Ullinish Wind Farm).
Recommendation: Grant.  

There had been circulated Report No PLN/012/15 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein. Further visualisations had been distributed and members were given time to peruse. 

The Team Leader asked that in the Report at 1.3 it should read “250 metres to the north of the Eabost junction”.

In response to questions it was confirmed that:

• Interim Onshore Wind Energy guidance would come to the Planning, Development and Infrastructure Committee and the colour of the turbines could be something that could be looked at for small scale developments; 
• aviation safety depicted the colour of the turbines in a recessive grey/white colour, the colour in the visuals had over-emphasised the turbines so that they could be clearly seen.

The Committee AGREED subject to prior conclusion, at the Applicant’s expense, of a legal Agreement to secure financial bonds to address site restoration and wear and tear to the public road to grant subject to the conditions as recommended.

6.4
Applicant: Mr D Connor (14/04307/FUL) (PLN/013/15)
Location: 14 Fountain Square, Haster, Wick, KW1 5SX (Ward 04) 
Nature of Development: Erection of 3 sheds (Retrospective) 
Recommendation: Grant (Temporary Consent)  

There had been circulated Report No PLN/013/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

Members’ comments included the following:

• access to the site for the mobility scooter was compromised by the amount of sheds;
• seven sheds was excessive; and 
• three years for removal of the sheds was too lenient; 

In response to questions it was confirmed that:

• development should cover less than 50% of the garden area excluding the hardstanding; 

The Committee AGREED to refuseand authorised enforcement action to remove the sheds within 6 months 

Reason:

The siting and design of the sheds on this plot has resulted in an over-developed site which has the appearance of most of the garden being taken up by a disparate collection of sheds contrary to Policies 28 and 29.

6.5
Applicant: Broadford and Strath Community Company (14/04434/FUL) (PLN/014/15)
Location: Land 75 W of Pairc Nan Craobh Industrial Estate, Broadford (Ward 11)
Nature of Development: Formation of campsite, campervan park, allotments, events space and attendant access roads and buildings and associated services 
Recommendation: Grant.

There had been circulated Report No PLN/014/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. A response had now been received from the Forestry Officer stating that he was content with the plan but had requested a Woodland Management Plan. 

The Committee AGREED to grant subject to the conditions as recommended with an additional condition requiring the submission and approval of a woodland management plan.

6.6
Applicant: North Highland College (15/00257/FUL) (PLN/015/15)
Location: Burghfield House, Cnoc-an-Lobht, Dornoch (Ward 05)
Nature of Development: Replacement of existing double glazed sash and case timber windows with double glazed sash and case timber windows.
Recommendation: Refuse.

There had been circulated Report No PLN/015/15 by the Area Planning Manager North recommending the refusal of the application for the reasons detailed therein. 

The Conservation Officer advised members that National and Local policy and guidance made no distinction between a listed building and a historic building in a conservation area and as such they had to be treated the same. We can only support replacement windows if they are completely beyond repair or are inappropriate for the building, in this case neither of these tests applied as the current windows were in good repair. Secondary glazing could be used with other insulation materials to improve the thermal performance of the windows. In early pre-application negotiations with the college planning had raised the issue that this application would not meet policy requirements and suggested that if thermal performance was an issue that secondary glazing should be considered. 

Members debated the effectiveness of secondary double glazing. This was a college and although windows could be repaired the building would still be cold due to heat escape through the windows. 

Mrs I McCallum, seconded by Mrs M Paterson, moved the recommendation to refuse planning permission.

Mr G Phillips, seconded by Mr D MacKay moved as an amendment that the application be approved subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

Reason:

Replacement double glazed windows are acceptable provided that they comprise hardwood painted window frames which match the existing and replicate the glazing astragal pattern to be rationalised across the building. The proposal is considered not to be contrary to policies 28, 34 and 57. 

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

For the Motion (4)

Mrs I McCallum
Mrs M Paterson
Mr I Renwick
Dr A Sinclair 

For the Amendment (8)

Mrs I Campbell
Mr D Bremner 
Mrs G Coghill
Mr B Fernie
Mr H Fraser
Mr D Mackay 
Mr H Morrison
Mr G Phillips

The amendment therefore became the finding of the meeting and the Committee AGREED to grant subject to conditions to be agreed by the Area Planning Manager in consultation with the local members present and, if necessary, the Chair.

6.7
Applicant: NDA Properties Ltd (15/00346/FUL) (PLN/016/15)
Location: Land to NNE of Clayquoy House, Wick Airport Industrial Estate, Wick (Ward 03)
Nature of Development: Erection of archive building, formation of access and parking and associated infrastructure works and landscaping. 
Recommendation: Grant. 

There had been circulated Report No PLN/016/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. The Team Leader advised of minor changes to conditions 3 and 17.

Members made the following comments: 

• disabled parking was requested within 45 metres of the building entrance; 
• the Council’s contribution to this exciting project had been the land; and
• the Archive Centre would provide much needed employment in the Wick area.

The Team Leader advised that disabled parking was not within the scope of planning but that a footnote could be added.

The Committee AGREED to grant subject to the conditions as recommended with conditions 3 and 17 amended as follows:

In condition 3 replace the words “No development shall commence until” with the words “Prior to first use of the completed development as approved”.

In condition 17 replace the word “there” with the words “Following completion of the development as approved there”; insert the words “during operation of the archive centre” between the words “vehicles” and “within” and insert a comma after the word “within”.

To also add a footnote to advise that the disabled parking should be within 45 metres of an entrance.

6.8
Applicant: Mr Charles Barrington (15/00496/FUL) (PLN/019/15) (PLN/017/15)
Location: Land West of Newton, Ardvasar (Ward 11)
Nature of Development: Proposed erection of single dwelling house.
Recommendation: Grant. 

There had been circulated Report No PLN/017/15 and a revised report PLN/019/15 by the Area Planning Manager North recommending the grant of the application subject to the conditions detailed therein. 

Members were concerned that croft land was being used to build houses. The house should be orientated to be parallel with and face the main public road.

The Committee AGREED to grant subject to the conditions as recommended with an additional sub-clause vii to condition 2 requiring that the house be orientated to face the main public road.

7.
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

7.1
Applicant: Scottish Salmon Company (11/04228/FUL) (PPA-270-2112)
Location: Marine fish farm North West of Sgeir Dughall, near Diabaig, Loch Torridon
Nature of Development: Develop and without compliance with Condition 5 previously attached to Planning Permission 11/04228/FUL for the operation of a Marine Fish Farm (Atlantic Salmon) which limits the period of the permission to 10 years

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been dismissed and planning permission to develop the site without compliance with condition 5 of planning permission 11/04228/FUL refused.

7.2
Applicant: Mr Simon Mackenzie (14-02535-CLE) (CLUD-270-2003)
Location: Plot 1 on land 50 metres south east of Culbo Mains Farm, Culbokie, IV7 8JU
Nature of Development: Erection of House

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been allowed and a certificate of lawful development had been granted.

7.3
Applicant: Mr Simon Mackenzie (14/02537/CLE) (CLUD-270-2004)
Location: Plot 2 on land 50 metres south east of Culbo Mains Farm, Culbokie, IV7 8JU
Nature of Development: Erection of House

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been allowed and a certificate of lawful development had been granted.

7.4
Applicant: Mr Simon Mackenzie (14/02536/CLE) (CLUD-270-2005)
Location: Plot 3 on land 50 metres south east of Culbo Mains Farm, Culbokie, IV7 8JU
Nature of Development: Erection of House

The Committee NOTED that the appeal to the Director of Planning and Environmental Appeals had been allowed and a certificate of lawful development had been granted.

8. Dates of Meetings in 2015
Cinn-latha Choinneamhan ann an 2015

The Committee NOTED the revised meeting dates for the remainder of 2015, as agreed at The Highland Council on 12 March 2015. 

There being no further business the meeting closed at 17.10 pm.