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 17 April 2018 at 10.30 am.

Committee Members Present:

Mr R Bremner (by video conference)(excluding items 1 – 5.1), Mrs I Campbell, Ms K Currie, Mr M Finlayson,  Mr R Gale, Mr J Gordon (by video conference)(excluding item 6.5), Mr D MacKay (excluding item 7.1), Mrs A MacLean, Mr C MacLeod, Mr D MacLeod (excluding items 6.6 and 6.7), Mrs M Paterson, Mr A Rhind (excluding items 6.3 – 6.1), Mr K Rosie, Mr A Sinclair and Ms M Smith.

Officials in attendance:

Mr D Jones, Area Planning Manager North
Ms J Bridge, Senior Engineer (Development Management)
Mr M Harvey, Team Leader
Ms D Stott, Principal Planner
Mr K McCorquodale, Principal Planner
Mr S Hindson, Principal Planner
Mrs K Lyons, Principal Solicitor – Planning and Clerk
Mrs C MacIver, Committee Administrator and Elections Officer
Mrs A MacArthur, Administrative Assistant

Business

Ms Maxine Smith in the Chair

The Chair 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

Apologies for absence were intimated on behalf of Mr C Fraser.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

Item 7.1 – Mr D MacKay (non-financial).

3.  Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minutes of the meeting of the Committee held on 6 March 2018 which was APPROVED.

4.  Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLN/018/18 by the Head of Planning and Environment 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 current position with these applications.

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

5.1 Description: New development to provide approximately 150 new dwellings, providing a mixture of housing with community use, amenity areas, associated roads and services (18/01209/PAN) (PLN/019/18)
Ward: 6
Applicant: Highland Housing Alliance
Site Address: Teandallon, Evanton.

There had been circulated Report No PLN/019/18 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.

In response to Members, the Area Planning Manager advised that clarification on the specific community use would be requested when the planning application was made. 

The Committee NOTED the submission of the PAN and advised of the following issues that it wished brought to the Applicant’s attention:

• to be aware of the infrastructure requirements associated as set out under its policy allocation.

6.  Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant: MAKAR Ltd (16/01842/PIP) (PLN/020/18)
Location: Land 255 m East of Culcairn Farmhouse, Station Road, Evanton (Ward 6)
Nature of Development: Formation of mixed used development comprising 160 houses and business/community uses.
Recommendation: Grant.

There had been circulated Report No PLN/020/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

The Planning Officer and Senior Roads Engineer responded to Members’ questions as follows:

• in relation to condition 1 on design and layout, matters would only be brought back to Committee if they were controversial;
• the applicant would require to consult with Network Rail on the flooding mitigation if the work required was on land owned by Network Rail;
• the Senior Roads Engineer advised that the Council Transport Service and Transport Scotland were satisfied that the increased traffic from this development over various junctions was acceptable, the traffic report had been undertaken using the information from the 2011 census with current development and growth of traffic taken into account;
• the quarry and this development were in the same ownership and it would be in the best interests of the developer to put measures in place to prevent the dust from the quarry being a nuisance to the development, the first part of the road would eventually be adopted;
• the conditions applied by the Flood Team and SEPA were separate from the Planning Permission and would have to be agreed and resolved with the applicant prior to the start of the development;
• maintenance conditions would have to be completed before the development started;
• liaison between the Development Team and the Education department was much improved and the money from the developer would be ring fenced for the Kiltearn Primary School; and
• on questions relating to the junctions on the A9, Members were reminded that the responsibility for these junctions lay with BEAR Scotland.

The Committee agreed to GRANT subject to the conditions detailed in the report.

6.2 Applicant: Lochalsh and Skye Housing Association (17/04694/FUL) (PLN/021/18)
Location: Land 55 m SW of The Birches, Kyleakin (Ward 10)
Nature of Development: Erection of 18 new houses consisting of six semi-detached, 4 detached and 8 cottage flats with new access road and drainage arrangements with air to air/water heat pumps, demolition of existing garages and outbuildings on site.
Recommendation: Grant. 

There had been circulated Report No PLN/021/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  The Area Planning Manager advised that if members were minded to grant this report two revised conditions relating to the Traffic Management Plan and Street Lighting should be included. 

The Planning Officer and Senior Roads Engineer responded to Members’ questions as follows:

• although the road would not be to normal Transport standards the minor road would be acceptable for 18 houses;
• the Planning Authority had met with the Housing Association and this area had been identified in the Local Development Plan for housing; and
• a development contribution was only required above a certain threshold, the developer had donated a playing field to the community which had been reasonable and proportionate to the development.

The Committee agreed to GRANT subject to the conditions detailed in the report and the additional conditions put forward by Transport Planning:

• No development shall commence on site until a revised construction phase traffic management plan (including measures to ensure no deliveries within school opening and closing hours) has been submitted to and approved in writing by the Planning Authority. The approved traffic management plan shall be implemented prior to development commencing and remain in place until the development is complete’.

       Reason: to ensure the safety and free flow of traffic on the public road.

• Prior to the commencement of any development hereby approved a plan and specification showing the provision of a single street light on the adopted U4887 link road (between Kyleside and Olaf Road) in accordance with the Highland Council’s Roads Guidelines for New Developments shall be submitted to and agreed in writing by the Planning Authority. Thereafter the street light shall be constructed and brought into operation in accordance with the agreed details prior to the first occupation of the development.

        Reason: to ensure the safety and free flow of traffic on the public road. 

6.3  Applicant: Organic Sea Harvest (17/04735/FUL) (PLN/022/18)
Location: Land 1300 m East of Tote Scorrybreck, Portree (Ward 10).
Nature of Development: Marine fish farm – Atlantic Salmon: New site comprising of 12 x 120 m circumference circular cages in an 80 m mooring grid with feed barge.
Recommendation: Granted. 

There had been circulated Report No PLN/022/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  The Clerk advised there was an error in the agenda for this item – “Granted” should read “Grant”. The reason for committee referral in the report in addition to the number of objections should also have referred to a member interest, and in Appendix 1, in the heading, the reference to “Ardcruidh Croft, Heights of Docharty, Dingwall, Ross-shire, IV15 9UF” should be deleted and “Land 1300M East of Tote Scorrybreck, Portree” should be inserted.

The Team Leader advised that the Skye District Salmon Fishery Board had requested, as a statutory consultee, that the Committee defer the decision on this application until the current Scottish Government assessment of fish farming had been undertaken.  The outcome of the assessment on scrutiny may not result in changes to the legislation and if there were to be changes to the legislation these could take some time to come into force, therefore it was not reasonable to defer this application on these grounds.  

The Planning Officer and Senior Roads Engineer responded to Members’ questions as follows:

• this was an undeveloped coastline but the development was acceptable in relation to the social and economic benefits it brought;
• there would be limited visibility of the site within the National Scenic Area (NSA);
• the visual impact on householders would be limited to a few houses scattered along the Portree and Staffin Road;
• the noise generated would be from human involvement in the fish farms and not from the fish farm itself, the noise levels at the nearest receptors would be kept to an acceptable level;
• although the fish farm intended to use organic methods in the treatment of sea lice, if these methods failed chemicals would be used;
• the Environmental Management Plan (EMP) would be required, with a baseline set for sea lice, prior to the commencement of the development with monitoring continuing throughout the life of the fish farm;  and
• there were multiple regulators for fish farm activities and the applicants would have to comply with all the conditions from regulators before the development could commence.

The Committee agreed to GRANT subject to the conditions detailed in the report.  

6.4  Applicant: Organic Sea Harvest (17/04749/FUL) (PLN/023/18)
Location:  Site 1335 m East of Seaforth, Culnacnoc (Ward 10).
Nature of Development: New fish farm for Atlantic Salmon consisting of 12 x 120 m circumference circular cages in an 80 m mooring grid with associated feed barge.
Recommendation: Granted. 

There had been circulated Report No PLN/023/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  The Clerk advised that there was an error in the agenda for this item – “Granted” should read “Grant”.  The reason for committee referral in the report in addition to the number of objections should also have referred to a member interest.

Again, the Team Leader advised that the Skye District Salmon Fishery Board had requested, as a statutory consultee, that the Committee defer the decision on this application until the current Scottish Government assessment of fish farming had been undertaken.  The outcome of the assessment on scrutiny may not result in changes to the legislation and if there were to be changes to the legislation these could take some time to come into force, therefore it was not reasonable to defer this application on these grounds.  

The Planning Officer responded to Members’ questions as follows:

• as with the previous application the EMP would be required, with a baseline set for sea lice, prior to the commencement of the development with monitoring continuing throughout the life of the fish farm;
• the Environmental Management Plan condition was not problematic and generally the public were vigilant and quick to report any failing which the Council would respond to timeously; and
• the planning authority’s concern was with the lighting for work and operations on the fish farm, lighting for navigational safety in the water was regulated by the Lighthouse Board.

The Committee agreed to GRANT subject to the conditions detailed in the report.    

6.5 Applicant: Mr Guy Morgan per Morgan McDonnell Architecture Ltd (17/05184/FUL) (PLN/024/18)
Location: Stoer Church, Land 75 m East of 162 Stoer, Lochinver (Ward 1).
Nature of Development: Restoration and conversion of disused church to residential, installation of sewage treatment plant and soakaway.
Recommendation: Grant.

There had been circulated Report No PLN/024/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report.  This was a resubmission of a previous application and had been brought to Committee as the church had now been de-listed by Historic Environment Scotland with policy 57, the previous reason for refusal, no longer applying.  The applicant had also amended the proposed access and construction details and as such he considered that the concerns raised by the Committee and the DPEA Reporter had now been addressed. 

The Planning Officer responded to Members’ questions as follows:

• this was an emotive development where Members and Planning Officials had both had concerns, but the applicant had put several measures in place to mitigate the concerns raised;
• if the building was not used it would fall into disrepair, the roof and windows had already fallen into disrepair;
• the car parking would be outside the boundary wall as there was no land with the house;
• the graveyard remained in Council ownership and as such the Council had control of the land and could erect signs requesting people to respect the graveyard;
• all drainage and sewerage ditches would be dug by hand in an area where surveys showed there were no lairs;
• should the development change hands only what had been granted at Committee could be undertaken on site or enforcement action would be taken; and
• the development would safeguard the consecrated ground and ensure the building did not fall into a dangerously dilapidated state where the public would then be unable to access the graveyard.

Mrs A MacLean, seconded by Mr K Rosie, moved that the application be approved.

Mrs M Paterson, seconded by Mr D MacLeod moved as an amendment that the application be refused for the following reasons: 

While acknowledging that the application accords with planning policies, the weight attached to the following material considerations outweighed policy support for the proposed change of use:

a)      insufficient ground around the property to accommodate the living requirements of a domestic residence or holiday home;

b)      the change of use would cause disruptions and disturbances to villagers/relatives of those interred in the cemetery; and

c)      change of use to residential would inhibit visits to the Telford Church by tourists.   

On a vote being taken, 3 votes were cast in favour of the motion and 8 in favour of the amendment, with 2 abstentions, as follows:

For the motion (3)

Mrs A MacLean, Mr C MacLeod and Mr K Rosie.

For the amendment (8)

Ms B Campbell, Ms K Currie, Mr M Finlayson, Mr R Gale, Mr D MacKay, Mr D MacLeod, Mrs M Paterson, and Ms M Smith.

Abstentions (2)

Mr R Bremner and Mr A Sinclair.

The Committee therefore agreed to REFUSE for the reasons stated above.

6.6 Applicant: Hub North Scotland Ltd (17/05797/FUL) (PLN/025/18)
Location: Alness Academy, Alness (Ward 6).
Nature of Development: Demolition of existing school and erection of replacement school building and ancillary development.
Recommendation: Grant

There had been circulated Report No PLN/025/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

The Committee agreed to GRANT subject to the conditions detailed in the report.

6.7 Applicant: Mr Angus Sutherland (18/00067/FUL) (PLN/026/18)
Location: Land 100 m South of Free Church, Teangue (Ward 10).
Nature of Development: Erection of new dwelling.
Recommendation: Grant.

There had been circulated Report No PLN/026/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

The Committee agreed to GRANT subject to the conditions detailed in the report.

6.8 Applicant: Scottish Hydro Electric Transmission Plc (18/00215/S42) (PLN/027/18)  
Location: DC Site Spittal Sub Station, Halkirk (Ward 3).
Nature of Development: Application to amend the terms of condition 14 of application 11/02459/FUL to increase the construction working hours to up to 24 hour working, Monday to Sunday for the duration of the cable containment and cable installation works.
Recommendation: Grant.

There had been circulated Report No PLN/027/18 by the Area Planning Manager recommending that the Committee grant the application subject to the conditions detailed in the report. 

The Committee agreed to GRANT subject to the conditions detailed in the report.

7.  Appeals to the Scottish Government’s Planning and Environmental Appeals Division
Co-dhùnaidhean Ath-thagraidhean do Bhuidheann-stiùiridh Riaghaltas na h-Alba airson Ath-thagraidhean Dealbhaidh agus Àrainneachd

Declaration of Interest – Mr D MacKay 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.

7.1 Applicant: E.ON (16/04966/S36) (PLN/028/18)
Location: Golticlay Wind Farm – Land 2040 metres NE of Bulreanrob, Lybster (Ward 3)
Nature of Development: Wind farm development (Goticlay Wind Farm), up to 19 turbines up to 3.4 MW with a maximum tip height of 130 m and associated infrastructure including borrow pit, tracks, cabling and ancillary buildings. 
Recommendation: Agree to confirm their decision to object but to amend the Committee’s reasons for objecting to the application.

The Committee agreed to confirm their decision to object but to amend the Committee’s reason for objecting as detailed in the report.

There being no further business the meeting closed at 4.30 pm.