Agendas, reports and minutes

Minute of Meeting of the South Planning Applications Committee held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 10 November 2015 at 10.30 am.

Committee Members Present:

Mr R Balfour
Mr A Baxter
Mr B Clark (excluding Items 5.1 and 8.2)
Mr J Crawford (excluding Items 5.1, 7.7, 8.1 and 8.2)
Mrs M Davidson (excluding Items 7.4, 8.1 and 8.2)
Mr D Fallows
Mr L Fraser
Mr J Gray
Mr M Green (excluding Item 8.2)
Mr D Kerr
Mr R Laird (excluding Items 5.1, 6.2, 7.7, 7.8, 7.9, 8.1 and 8.2)
Mr B Lobban (excluding Item 8.2)
Mr T MacLennan (excluding Item 5.1)
Mr F Parr (excluding Items 5.1, 7.8, 7.9, 8.1 and 8.2)
Mr T Prag (excluding Item 5.1)
Mrs J Slater (excluding Items 5.1, 7.8, 7.9, 8.1 and 8.2)
Mr H Wood (excluding Items 5.1, 7.8, 7.9, 8.1 and 8.2) 

Non-Committee Member Present:

Mr A Henderson (excluding Items 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 7.9, 8.1 and 8.2)

Officials in attendance:

Mr A Todd, Area Planning Manager South
Mr D Mudie, Team Leader
Mrs S Macmillan, Team Leader
Mr A McCracken, Team Leader
Mr K McCorquodale, Principal Planner
Mr K Gibson, Principal Planner
Mr S Hindson, Planner
Mr M Clough, Senior Engineer, Transport Planning
Mr G MacCormick, Environmental Health Officer
Ms S Blease, Principal Solicitor (Clerk)
Mr S Taylor, Administrative Assistant 

Mr J Gray in the Chair

Preliminaries

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. 

Business

1. Apologies for Absence
Leisgeulan

None.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 – Mr R Laird (financial)
Item 6.2 – Mr R Laird (financial)
Item 7.7 – Mr J Crawford (non-financial)

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been circulated for confirmation as a correct record the minute of the Committee meeting held on 29 September 2015 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLS/074/15 by the Head of Planning and Building Standards which provided a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

The Committee NOTED the current position.

5. Continued Item
Cuspairean a' Leantainn

5.1
Applicant: Scottish Hydro Electric Transmission Plc. (15/02124/FUL and 15/03166/S37) (PLS/069/15)
Location:  Land 2910m Northwest of 1 Garvamore, Laggan (Ward 21) ~
Nature of Development: Construction of a 400 / 132kv GIS electrical substation (Melgarve Substation) including substation platform, control buildings, temporary construction compound, landscaped area and upgraded access to site from the A86 (T) road.
Recommendation: Grant Planning Permission for the Electrical Substation; and Raise no Objection to the Section 37 Downleads Application.

Declaration of Interest – Mr R Laird, as a shareholder in Scottish and Southern Energy, declared a financial interest in this item and left the Chamber for the duration of the item.

There had been re-circulated Report No PLS/069/15 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein, and that the Committee raise no objection to the Section 37 (downleads) application.

A site visit had taken place on 9 November 2015, attended by Mr R Balfour, Mr A Baxter, Mrs M Davidson, Mr D Fallows, Mr L Fraser, Mr J Gray, Mr M Green, Mr D Kerr and Mr B Lobban.  Only those members who had attended the site visit took part in the determination of the application.

Mr K McCorquodale presented the report and recommendation.

In response to questions, the Committee was advised that:-

• Forestry lost to development could be mitigated by replacement planting.
• Native trees could be planted to soften the impact of commercial planting to the south of the site.
• Coniferous planting was proposed as this could reflect the adjacent plantation and provide screening to views from General Wade’s Military Road.
• Should the current legal challenge opposing the development of Stronelairg Wind Farm be upheld, the necessity for this proposed substation could diminish.
• The applicant had confirmed that the development would operate as a “dark site”, meaning that lighting would be on only when personnel were present. 
• The opportunity to use Scottish and Southern Energy’s (SSE) telecommunications network could be explored.

During discussion, the following comments were made:-

• A number of concerns were expressed regarding tree planting and screening of the site, including:-

o   Whether the proposed tree planting would in fact be in perpetuity.
o   Tree planting in areas of the site within the control of the applicant should be in perpetuity to the south and the edge softened to the west as this would enable mitigation during felling of the existing plantation outwith the site boundary.
o   Proposed coniferous tree planting which would subsequently be felled would have a significant visual impact for 10-15 years from the main public view point on the Military Road.
o   Greater emphasis should be made on using tree planting as a means to screen the site instead of using it for commercial use.
o   A managed process of harvesting trees to the south without clear-felling should be explored in consultation with SSE and the Forestry Commission.
o   There could be an opportunity during construction to create earth bunds to screen the site.

• The potential use of SSE’s telecommunications network would be raised with SSE by Mrs M Davidson.
• A request was made for further discussion with the local members and Mrs M Davidson on the applicant’s plans for landscaping.

The Committee agreed to GRANT planning permission subject to:-

• the conditions recommended in the report with condition 4 to be revised to reflect members’ concerns that screening be maintained at all times
• the planning case officer ensuring that local members and Mrs M Davidson were consulted on final landscaping plans, and
• subject to the prior conclusion of a section 96 (Roads) wear and tear agreement

and to RAISE NO OBJECTION to the section 37 (downleads) application 15/03166/S37.

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

6.1
Description: Re-development of the existing Cairngorm Mountain Ski Resort base station buildings (15/03622/PAN) (PLS/075/15)
Ward: 21 – Badenoch and Strathspey 
Applicant: Cairngorm Mountain Ltd. 
Site Address: Cairngorm Mountain, Glenmore, Aviemore PH22 1RB.

There had been circulated Report No PLS/075/15 by the Head of Planning and Building Standards 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 highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• details of the effect of the reduction in parking provision and the effects of any displacement of parking on the community,
• the crucial importance of high quality design,
• the positive effects on the local economy,
• developer contributions towards enhancement of local roads,

together with the other material considerations identified in the report.

6.2
Description: Scottish Hydro Electric Transmission (SHET) proposes to construct a new double circuit 400 kilovolt (kV) overhead line (OHL) between the existing Beauly, Blackhillock and Kintore substations. (PLS/076/15)
Wards: 13 – Aird and Loch Ness; 18 – Culloden and Ardersier; 19 – Nairn; and 20 – Inverness South
Applicant: Scottish Hydro Electric Transmission Plc.

Declaration of Interest – Mr R Laird, as a shareholder in Scottish and Southern Energy, declared a financial interest in this item, and left the Chamber for the duration of the item.

There had been circulated Report No PLS/076/15 by the Head of Planning and Building Standards 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 highlighted the following material planning considerations they wished brought to the applicant’s attention:-

• the possibility of undergrounding the transmission line as much as possible, particularly where it passes Culloden Battlefield and residential communities, should be considered,
• details of the precise impacts the development would have on the Beauly substation would be required to be provided, including any impacts in terms of noise, visual intrusion through increase in size and traffic,
• sensitive siting of pylons and the need to avoid skylining,
• a thorough traffic impact assessment would be required,
• a liaison group with the local community would be essential,

together with the other material considerations identified in the report.

7. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

7.1
Applicant: The Highland Council (15/02214/FUL and 15/02215/LBC) (PLS/077/15)
Location:  Former Fort William Secondary School, Achintore Road, Fort William (Ward 22)
Nature of Development: Renovation of listed building, extension to create a civic hub with service point, registry, council chambers, committee rooms and office space, demolition of school canteen hut and gym, and formation of a new access and road to proposed car parking. 
Recommendation: Grant application 15/02214/FUL and submit application 15/02215/LBC to Scottish Ministers for determination.

There had been circulated Report No PLS/077/15 by the Area Planning Manager South recommending the grant of application 15/02214/FUL and submission of application 15/02215/LBC to Scottish Ministers for determination.

Mrs S Macmillan presented the report and recommendation.

In response to questions, it was confirmed that:-

• Reference made in the Conservation Officer’s submission to the securing of re-use of listed buildings prior to extensions and new development was in relation to reuse of the former secondary school together with the now vacant former primary school. However the applicant was of the view that this would not satisfy their requirements given the floorspace needed.  It was for Committee to consider the application before them for determination.
• Whilst the former secondary school and primary school had been given B-listed status, the buildings in close proximity to these, such as The Lime Tree, were not listed.

During discussion, the following comments were made:-

• Whilst there was support in principle for development on the site, disappointment was expressed that the applicant had not taken on board concerns raised regarding the proposed design of the building.
• Concern was expressed that the boundary line excluded the adjacent former primary school from the development.
• As the former secondary school and primary school were listed together, they should have formed one development site as the proposed development would leave an empty listed building on the site.
• Concern was expressed that the scale and siting of the roof pitch on the proposed extension would dominate the rest of the building.
• The Council’s Transport Planning team’s request for information on alternative car parking in Fort William had not been addressed by the applicant.
• The application in its own right fitted with Council policy in terms of developing a site that had long needed development.
• The extension was a contemporary design that reflected the approach taken with many historic buildings in Scotland and was trying to add to the current building.
• The opportunity to develop the site was welcomed as it had been derelict for 40 years and would halt the cost to the Council of upkeep of the building.
• The development would make a welcome viewpoint for people approaching Fort William.
• Whilst there was acknowledgment of the objections from the neighbouring property, the development would be at least 10 metres from the boundary.
• Concern was expressed at the uncertainty over the proposed new pedestrian crossing on Lundavra Road.

No consensus having been reached between the members, Mr A Baxter, seconded by Mr D Kerr, then moved that the application be refused on the grounds that:-

• The proposed development would be contrary to Policy 57 of the Highland-wide Local Development Plan as the overall scale and lack of similarity between roof pitches would have an unacceptable impact on the heritage resource.
• The proposed development would be contrary to Policy 29 of the Highland-wide Local Development Plan as it did not demonstrate sensitive siting in keeping with the local historic environment.

Mr T MacLennan, seconded by Mr T Prag, then moved as an amendment that the application 15/02214/FUL be granted subject to the conditions recommended in the Report and that application 15/02215/LBC be submitted to Scottish Ministers for determination.

On a vote being taken, two votes were cast in favour of the motion and fifteen votes in favour of the amendment, with no abstentions as follows:-

Motion

Mr A Baxter
Mr D Kerr 

Amendment

Mr R Balfour
Mr B Clark
Mr J Crawford
Mrs M Davidson
Mr D Fallows
Mr L Fraser
Mr J Gray
Mr M Green
Mr R Laird
Mr B Lobban
Mr T MacLennan
Mr F Parr
Mr T Prag
Mrs J Slater
Mr H Wood 

The amendment to GRANT planning permission 15/02214/FUL subject to the conditions recommended in the report and to SUBMIT application 15/02215/LBC to Scottish Ministers for determination accordingly became the finding of the meeting.

7.2
Applicant: Mr D MacKellaig (15/02964/FUL) (PLS/078/15)
Location:  Gealach Mor, Morar (Ward 12)
Nature of Development: Conversion and extension of garage to form a residential/holiday letting cottage (amended design to 15/00660/FUL).
Recommendation: Grant

There had been circulated Report No PLS/078/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Mrs S Macmillan presented the report and recommendation.

In response to a question, the Committee was advised that:-

• Whilst there were no plans for regular site inspections during construction, the planning officer was confident that the applicant would be willing to work with the Council in view of community interest.

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

7.3
Applicant: A W Laing Ltd (15/00681/MSC) (PLS/079/15)
Location:  Land West Of Dulnain Cottage, Station Road, Carrbridge (Ward 21)
Nature of Development: Erection of 2 new dwelling houses.
Recommendation: Approve

There had been circulated Report No PLS/079/15 by the Area Planning Manager South recommending approval of the application subject to the conditions detailed therein.

Mr A McCracken presented the report and recommendation.

During discussion, the following comments were made:-

• In response to concerns raised by Carrbridge Community Council regarding the effect the development might have on visibility from the packhorse bridge, it was suggested that an additional requirement for screen planting be included within the recommendation.
• The requirement for a pavement was questioned as there were no other pavements on this street.
• Properties in the village had been developed with a variety of roof styles and the proposed development would not detract from the view of the bridge.

The Committee agreed to APPROVE the matters specified in conditions, with delegated power to be given to the planning case officer to decide, in consultation with local members, whether the pavement provision previously included was in fact required and whether additional screen planting was needed.

7.4
Applicant: Ossian Hotel (15/01557/FUL) (PLS/080/15)
Location:  Ossian Hotel, The Brae, Kincraig (Ward 21)
Nature of Development: Erection of timber lodge for holiday accommodation (amended proposal).
Recommendation: Grant

There had been circulated Report No PLS/080/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Mr A McCracken presented the report and recommendation.

In response to questions, it was confirmed that:-

• A condition requiring prior approval of the proposed roofing materials and colour could be added to the recommendation.
• The Forestry Officer’s objection in the report related to a previous earlier submission of the application which had now been resolved.

During discussion, a request was made for an additional informative note on construction noise to be included within the recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report together with an additional condition requiring the prior approval by the Planning Authority of the proposed roofing materials and colour and with an additional informative note on construction noise.

7.5
Applicant: Jacobite Cruises Ltd (15/03360/FUL) (PLS/081/15)
Location:  Jacobite Cruises Ltd, Dochgarroch, Inverness, IV3 8JG (Ward 13)
Nature of Development: Construction of new jetty to replace existing pontoon.
Recommendation: Grant

There had been circulated Report No PLS/081/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Mr K Gibson presented the report and recommendation.

In response to questions, the Committee was advised that:-

• The top half of the steel piling would be timber clad.
• It was anticipated that pile driving could be a technique used during development of the site.  Any noise arising from this would be subject to control by Environmental Health.

During discussion, Members welcomed the development and highlighted the canal’s original purpose as a commercial venture.

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

7.6
Applicant: Bridgend Filling Station (15/01520/FUL) (PLS/082/15)
Location:  1 Bridgend Filling Station, Station Road, Beauly (Ward 13)
Nature of Development: Alterations to existing filling station shop and launderette to form sorting office, post office counter and erection of new building to form laundry/dry cleaners and store.
Recommendation: Grant

There had been circulated Report No PLS/082/15 by the Area Planning Manager South recommending the grant of the application subject to the conditions detailed therein.

Mr K Gibson presented the report and recommendation.

In response to questions, it was confirmed that:-

• The correct boundary of the application site was marked out on the Location Plan.
• The post office was also used as a mail sorting and distribution office.
• The provision for 14 car-parking spaces was for the operation of the facility and not for the parking of the vehicles serving the post office sorting and distribution office.
• An additional condition requiring the submission of a management plan for the operation of the car parking spaces within the site in consultation with the Community Council and local members could be included within the recommendation.

The Committee agreed to GRANT planning permission subject to the conditions recommended in the report and an additional condition requiring the submission of a management plan for the operation of the car parking spaces to be provided within the site.

7.7
Applicant: RES Ltd (14/04782/FUL) (PLS/083/15) 
Location: Culachy Estate Land 6KM SE of Newtown Invergarry (Ward 13) 
Nature of Development: Culachy Wind Farm - Erection of 13 wind turbines with 12 up to 149.5 m tip-height and one up to 132 m tip height including ancillary development. 
Recommendation: Grant

Declarations of Interest

Mr J Crawford declared a non-financial interest in this item on the basis that he considered he had pre-determined the application and left the Chamber for the duration of this item.

Mr A Baxter advised that he was a member of the John Muir Trust and of the Mountaineering Council for Scotland which had objected to the application.  However, Mr Baxter considered this to be a remote and insignificant interest that could not reasonably be taken to fall within the objective test outlined in paragraph 5.3 of the Councillors’ Code of Conduct and, as such, it was not a declarable interest in terms of paragraph 5.7 of the Code.  He intended therefore to participate in this item. 

There had been circulated Report No PLS/083/15 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

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

On a vote being taken, ten votes were cast in favour of a site visit and five votes in favour of hearing the presentation and viewing the visuals before deciding whether a site inspection was required, with one abstention as follows:-

Motion

Mr R Balfour
Mr A Baxter
Mr B Clark
Mr L Fraser
Mr M Green
Mr D Kerr
Mr R Laird
Mr B Lobban
Mr T MacLennan
Mrs J Slater

Amendment

Mrs M Davidson
Mr D Fallows
Mr J Gray
Mr F Parr
Mr T Prag

Abstention

Mr H Wood

The Committee agreed to DEFER determination of the planning application pending a site inspection to take place on Friday 11 December 2015.

7.8
Applicant: The Highland Council (15/02422/PIP) (PLS/084/15)
Location:  Land South of Golf View Terrace, Torvean, Inverness (Ward 14) 
Nature of Development: Erection of 160 homes. 
Recommendation: Grant Planning Permission in Principle

There had been circulated Report No PLS/084/15 by the Head of Planning and Building Standards recommending the grant of planning permission in principle subject to the conditions detailed therein.

Mr S Hindson presented the report and recommendation.

In response to questions, the Committee was advised that:-

• A transport assessment of local road junctions had established that there would be no significant impact on the local road network as a result of the proposed development.
• The proposed 20 mph zones would require traffic calming measures. The proposed design and detail of this would be submitted in the Traffic Regulations Order.
• The application proposed an increase of four houses from the previous estimate in the Torvean and Ness-side development brief of between 130 and 156 houses being built on this site.
• A condition restricting occupation of the houses prior to completion of stage 1 of the Inverness West Link development was recommended to ensure free flow of traffic on the local and strategic road network prior to completion of strategic improvements to the road network.
• A construction traffic management plan had been prepared including proposals to prevent construction traffic from accessing the site through Golf View Road and Mile End.
• A “Designing Streets” approach had been taken in developing play areas that would enable children to play on the streets and could create more open spaces to encourage imaginative play and use of natural materials.

The Committee agreed to GRANT planning permission in principle subject to the conditions recommended in the report and subject to the prior conclusion of a planning obligation to secure the matters detailed in paragraph 10.1a of the report.

7.9
Applicant: The Highland Council (15/02423/FUL) (PLS/085/15) 
Location: Land South of Golf View Terrace, Torvean Inverness (Ward 14) 
Nature of Development: Earthworks/Enabling Works including scrape/modelling of the site, removal of topsoil for use in forming adjacent new golf course, stockpiling, SUDS basin, and culvert. 
Recommendation: Grant

There had been circulated Report No PLS/085/15 by the Head of Planning and Building Standards recommending the grant of the application subject to the conditions detailed therein.

Mr S Hindson presented the report and recommendation.

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

8. Decisions on 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: Mr Calum Boyd (PPA-270-2132) 14/04241/FUL 
Location: Land 130 metres North East of Achnalea, Ardgour (Ward 22) 
Nature of Development: Proposed dwelling house.

The Committee NOTED the decision of the Reporter to dismiss the appeal and refuse planning permission.

8.2
Applicant: Mr Roger Cran (ENA-270-2015) 13/04567/FUL 
Location: 56 Milton Crescent, Inverness IV2 3DH (Ward 17) 
Nature of Development: Erection of 1.8 metre high fence.

The Committee:-

(i)        NOTED the decision of the Reporter to dismiss the appeal and direct that the enforcement notice dated 11 June 2015 be upheld; and

(ii)       AGREED that the Area Planning Manager relay to the enforcement team a request that they check to see whether there was other fencing exceeding 1 m in height in the vicinity of the site in respect of which enforcement action was merited. 

The meeting ended at 2.20 pm.