Agendas, reports and minutes

The Highland Council
South Planning Applications Committee

Minute of Meeting of the South Planning Applications Committee site visit held on 19 October 2018 at 10.00 am and the meeting held in the Chamber, Council Headquarters, Glenurquhart Road, Inverness on Tuesday 23 October 2018 at 12.40 pm.

Committee Members Present:

Mr R Balfour (excluding item 6.2)
Mr B Boyd (excluding item 6.1)
Ms C Caddick
Mr G Cruickshank
Mrs M Davidson (excluding item 6.2)
Mr L Fraser (excluding items 6.1 - 6.3)
Mr J Gray
Ms P Hadley
Mr T Heggie
Mr A Jarvie (excluding item 6.1)
Mr R Laird (excluding item 6.1)
Mr B Lobban
Mr B Thompson

Non Committee Members Present:

Mr D Rixson
Mr D Macpherson

Officials in attendance:

Mr R Gerring, Transport Planning Manager
Ms S Macmillan, Team Leader
Mr S Hindson, Principal Planner
Mr K McCorquodale, Principal Planner
Ms S Blease, Principal Solicitor (Regulatory Services)
Miss C McArthur, Solicitor (Regulatory Services)
Mrs A MacArthur, 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

Site visit on 19 October 2018:

Apologies for absence were intimated on behalf of Mr A Baxter, Mr L Fraser, Mr R MacWilliam and Mr N McLean. 

Meeting on 23 October 2018:

An apology for absence was intimated on behalf of Mr A Baxter. 

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 6.1 – Mr R Laird (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 18 September 2018 which was APPROVED.

4. Major Development Update
Iarrtasan Mòra

There had been circulated Report No PLS/076/18 by the Area Planning Manager – South 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. Major Development – Pre-application consultation
Leasachaidhean Mòra – Co-chomhairle Ro-iarrtais

5.1
Description: Major tourism and Leisure development. (18/04441/PAN) (PLS/077/18).
Ward: 11 – Caol and Mallaig
Applicant: Mr Ross MacGregor
Site Address: Land 800M West of Achnahannet, Spean Bridge.

There had been circulated Report No PLS/077/18 by the Area Planning Manager – South 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 no further material planning considerations they wished brought to the applicant’s attention other than those identified in the report.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1
Applicants: Coire Glas Pumped Storage Ltd (18/01564/S36) (PLS/078/18)
Location: Caol and Mallaig. (Ward 11)
Nature of Development: Revised Coire Glas Pumped Storage Scheme
Recommendation: Raise No Objection.

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/078/18 by the Area Planning Manager – South recommending that the Committee raise no objection to the application as set out in Section 12 of the report.

A site visit had taken place on the 19 October 2018 attended by the following Members: Mr R Balfour, Ms C Caddick, Mr G Cruickshank, Mrs M Davidson, Mr J Gray, Ms P Hadley, Mr T Heggie, Mr B Lobban and Mr B Thompson, and Mr D Rixson (as Local Member).  Only those Members who had attended the site visit and were present at the meeting took part in the determination of the application.

Mr K McCorquodale presented the report and recommendation and corrected and apologised for the error in his report, which should state that Spean Bridge, Roy Bridge and Achnaharry Community Council had raised some concerns.  Their concerns, however, had been answered within the Report.  At condition 12 it should also be amended to read Glengarry Community Council rather than Invergarry Community Council.

In response to questions, the following was confirmed:-

• inclusion at Condition 12 to include representatives from Spean Bridge, Roy Bridge and Achnaharry Community Council;
• a barge could take 1,000 tonnes of material and it would take some time to load, it would not be a total solution and the amount of spoil to be removed was more than the canal could accommodate;
• a heavy goods vehicle could accommodate 20 tonnes of material, equating to 120 trips per day on a seven hour day;
• concrete production was likely to be carried out on site;
• the spillway for the discharge of water would be to the Kilfinnan Burn, in the unlikely event of a breach the water would follow the existing water course to the Kilfinnan Burn and down to Loch Lochy;
• Transport Scotland had not raised any issues in relation to the narrow bridges on the A82, but condition 9(a) could include reference to improvement measures;
• the development should not affect the water course downstream, the levels of Loch Lochy should remain within the same tolerances currently experienced; and
• further planning application(s) were anticipated for spoil disposal, worker accommodation and management of the site;

During discussion, Members’ comments included the following:-

• although there was support for the application, concern was expressed at the influence the community would continue to have, it would be beneficial to add Local Member consultation to conditions 2, 3, 6, 7, 9, 10 and 11;
• transport by barge should be progressed to eliminate the use of the road;
• it was important that the spoil management detail come back to the South Planning Applications Committee;
• the road would have to contend with approximately 63 lorries per day – laden and unladen, worker traffic, machinery and material transportation and ancillary works;
• noise had to be considered, the noise of loading spoil onto metal lorries, the noise of machines, the noise of vehicles and how the noise impacts on people living in this immediate area; and
• this is the largest hydro scheme in our history, the scale is huge, a Spoil Management Plan was required to manage and mitigate issues that had been raised.

The Committee agreed to RAISE NO OBJECTION to the application as set out in Section 12 of the report subject to the following amendments to the proposed conditions:

• Conditions 2, 6, 7, 9, 10 and 11 are to include a requirement for consultation with Local Members;
• Condition 3 to be amended to ensure that the Spoil Management Plan must be submitted for the approval of the South Planning Applications Committee rather than by officers under delegated powers;
• Condition 9(a) to be amended to include reference to improvement measures for the bridges along the A82 given their narrowness; and
• Condition 12 to be amended to refer to Glengarry Community Council rather than Invergarry Community Council and to include representatives from Spean Bridge, Roy Bridge and Achnaharry Community Council.

6.2
Applicant: Aberdeen UK Property Fund (18/03534/FUL) (PLS/079/18)
Location: Land North of McDonald’s Inshes Retail Park, Sir Walter Scott Drive, Inverness. (Ward 19)
Nature of Development: Erection of Class 3 restaurant with “drive thru” facility including take away function for consumption of hot food off the premises including adjusted car parking and outdoor seating area.
Recommendation: Refuse.

There had been circulated Report Nos PLS/079/18 by the Area Planning Manager – South recommending the refusal of the application on the grounds as detailed in the report.

Mr K McCorquodale presented the report and recommendation.

In response to questions, the following was confirmed:-

• an independent road assessment had been carried out for the applicant and their transport advisors and was highlighted in the report at 1.4 and was available to view on the case file system on e-planning;
• Transport Planning advised that the mitigation measures in the independent road safety assessment did not address their concerns in particular the points of conflict with pedestrians;
• in relation  to fundamental points of conflict with pedestrians, there was historic evidence of a situation of conflict within the car park involving a pedestrian which had resulted in there being a serious casualty;
• there would be indoor and outdoor seating; 
• a precautionary approach had been taken with this application as there was not sufficient confidence in pedestrian safety; and
• the previous layout where Blockbusters and Harry Ramsdens both had a ‘drive thru’, also had a lorry park and various roundabouts, the layout was now completely different and the present application had been assessed against the present layout.

During discussion, Members’ comments included the following:-

• it was anticipated that even with a one way system this would create a considerable amount of congestion in this area;
• a one-way system in a car park was often ignored;
• pedestrians would have to cross three roads to get to McDonalds from the retail park;
• this appeared to be a sensible rounding off of the business park, if the vehicular issues were severe, Transport Planning would have objected;
• it was possible that congestion could have been reduced if both applications for ‘drive thrus’ had been received at the same time;
• request for suitable signage for queueing traffic at this end of the car park; and
• this development would undoubtedly increase the traffic to this end of the retail park.

No consensus having been reached between the members, Mrs C Caddick, seconded by Mr J Gray, moved that the application be refused. 

Mr A Jarvie, seconded by Mr B Lobban, moved as an amendment, that the application be approved for the following reason:

I am satisfied that this development complies with policy 56 of the Highland Wide Local Development Plan, by means of the change to traffic flow and addition of pedestrian crossings at conflict points and accordingly policy 28.

On a vote being taken, 5 votes were cast in favour of the motion and 4 in favour of the amendment, as follows:

For the motion (5)

Ms C Caddick
Mr G Cruickshank
Mr J Gray
Ms P Hadley
Mr R Laird

For the amendment (4)

Mr T Heggie
Mr A Jarvie
Mr B Lobban
Mr B Thompson

The Committee therefore agreed to REFUSE planning permission for the reasons set out in Section 11 of the report.

6.3
Applicant: The Highland Council (18/03647/PIP) (PLS/080/18)
Location: Land 400M NE of Blar Mhor Industrial Estate, Lochyside, Fort William. (Ward 11)
Nature of Development: Mixed-use masterplan comprising residential (Class 9 and flatted), Hospital (Class 8), STEM Centre (Class 10), commercial (Classes 1 and 2) and community uses.
Recommendation: Grant.

There had been circulated Report Nos PLS/080/18 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.  A further consultation response had been received from the Lochaber Access Panel and was available on the e-planning website.  The Lochaber Access Panel had now met with the applicant and they were fully supportive of the application.

Mr S Hindson presented the report and recommendation.

In response to questions, the following was confirmed:-

• the Planning Authority will be working very closely with the Housing Team of the Council to ensure that the six qualities of successful places set out by the Kilmallie Community Council are taken forward in this development, there had been early engagement with the Housing Team to ensure these qualities are taken forward;
• the higher quality of build was primarily the responsibility of Building Control and the developer;
• a lot of discussion had taken place with the Flood Risk Team and a drainage impact assessment had been carried out, it was considered that an appropriate scheme could be brought forward in terms of a surface water drainage system; and
• there had been concerns over the existing surface water drainage system on the site and a condition had been included requiring the further assessment of the capacity of the existing drainage system and if it is find to be wanting further mitigation will be required.

During discussion, Members’ comments included the following:-

• it was important to get this development right as this development would have a huge impact on Fort William; and
• the quality of the development was important. 

The Committee agreed to GRANT planning permission subject to (1) the prior conclusion of a section 75 legal agreement securing affordable housing, primary school contributions, community facilities contributions and waste management contributions as set out at 8.42 of the report and (2) the conditions recommended in the report.

6.4
Applicant: Mr David Matzdorf (17/05919/FUL) (PLS/081/18)
Location: Land 75m North East of Glenfinnan Lodge, Glenfinnan. (Ward 11)
Nature of Development: Erection of house, access track, parking and drainage.
Recommendation: Grant.

There had been circulated Report Nos PLS/081/18 by the Area Planning Manager – South recommending the grant of the application, subject to the conditions detailed in the report.

Mrs S Macmillan presented the report and recommendation.

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

7. Decisions on Appeal 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: Esther Ewing Cumming (ENA-270-2022)
Location: 16 Burnside Place, Aviemore, PH22 1SG. (Ward 20)
Nature of Appeal: Alleged breach of planning control: “erection of an outbuilding housing a biomass unit within the rear curtilage of 16 Burnside Place, Aviemore without the required planning permission”.

The Committee NOTED the decision of the Reporter to uphold the enforcement notice but allow the appeal to the extent that the terms of the notice are varied by deletion of the words: “…and outbuilding that houses the unit…” contained within section 4 of the notice WHAT YOU ARE REQUIRED TO DO.

7.2
Applicant: Mr and Mrs Reid (PPA-270-2197) (17/05908/FUL)
Location: Cottage, Lower Muckovie, Inshes, Inverness, IV2 5BB. (Ward 19)
Nature of Appeal: Redevelopment to provide new house with access.

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

The meeting ended at 15:20 pm