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Minute of the site inspection meeting of the North Planning Applications Committee held on 13 May 2013 and the scheduled meeting held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on  21 May 2013 at 10.30 am.

Committee Members Present:

Site Inspection Meeting on 13 May:

Mr B Fernie, Mr M Finlayson, Mr C Fraser, Mrs A MacLean, Mrs I McCallum, Mrs M Paterson, Mrs A Sinclair and Ms M Smith.

Scheduled Meeting on 21 May:

Mrs I Campbell, Mr G Farlow (excluding items 5.1, 5.2, 6.1 and 6.3), Mr B Fernie, Mr C Fraser, Mr D MacKay (excluding Items 5.1, 5.2 and 6.5 to 7.2), Mr W MacKay (local member vote for Item 6.2) Mrs A MacLean (excluding Items 1 to 5.1), Mr Alex MacLeod (excluding Items 5.1, 5.2 and 6.5), Mrs I McCallum, Mr D Millar (excluding Item 6.2), Mr H Morrison (local member votes for Item 5.1 and 5.2); Mrs M Paterson, Mr I Renwick (excluding Item 6.1), Mrs A Sinclair and Ms M Smith.

Officials in attendance:

Site Inspection Meeting on 13 May:
Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr K McCorquodale, Principal Planner
Mrs A MacArthur, Administrative Assistant

Scheduled Meeting on 21 May:

Mr A Mackenzie, Legal Manager (Regulatory Services) and Clerk
Mr D Jones, Area Planning Manager
Mr D Mudie, Team Leader, Development Management
Mr M Harvey, Team Leader, Skye
Mr K McCorquodale, Principal Planner
Mr B Robertson, Principal Planner
Mr G Sharp, Planner
Mr C Kemp, Area Roads and Community Works Manager
Mr S Young, Principal Engineer, TEC
Mr P Alexander, Principal Technician, Planning
Mrs A MacArthur, Administrative Assistant
Mrs T Bangor-Jones, Administrative Assistant

Also in attendance:

Site Inspection Meeting on 13 May:

For the Applicant: F Pogorzelec (SSE), L Thomson, V MacIver (Platform PE)
Windkraft Nord KG: O Patent, M Cumming and S Keppie
Creich Community Council: J Gilmore

Objectors:
Scottish Natural Heritage: N Turner
Mountaineering Council for Scotland: R Payne
John Muir Trust: H McDade
I Kelly, Graham and Sibbald, on behalf of objectors.

Also in Attendance: Scottish Government: G Gallacher and D Flaherty

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 on 13 May:

Apologies were intimated on behalf of Mrs I Campbell, Mr G Farlow, Mr D Mackay, Mr D Millar, Mr G Phillips, Mr I Renwick and Mrs F Robertson.

Scheduled Meeting on 21 May:

Apologies were intimated on behalf of Mr M Finlayson, Mr G Phillips and Mrs F Robertson.

Local member votes had been granted to Mr Hugh Morrison (Items 5.1 and 5.2) and Mr W Mackay (Item 6.2).

2. Declarations of Interest
Foillseachaidhean Com-pàirt

Item 5.1 and 5.2 – Mr G Farlow (Non-Financial)
Item 7.1 – Mr C Fraser (Non-Financial)
Item 5.1 and 5.2 – Mr A MacLeod (Non-Financial)

3. Confirmation of Minutes
Dearbhadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the minute of meeting of the Committee held on 16 April 2013 which was APPROVED.

4. Major Applications
Iarrtasan Mòra

There had been circulated Report No PLN-046-13 (103kb pdf) by the Head of Planning and Building Standards providing a summary of all cases within the “Major” development category currently with the Planning and Development Service for determination.

The Committee NOTED the report.

5. Continued Items
Cuspairean a' Leantain

Mr G Farlow declared a non-financial interest in Item 5.1 as he had made representations in support of the officers and left the room for this item.

Mr A MacLeod declared a non-financial interest in Item 5.1 as he had spoken in support of this item and left the room for this item.

5.1  Applicant:  SSE Generation Limited (12/02872/S36) (PLN-037-13 (1070kb pdf) | Cumulative Map - Glencassley (765kb pdf) | Sallachy and Glencassley Route Map (1264kb pdf))
Location:  Land 2 km NE of Glencassley Estate, By Lairg, Sutherland (Ward 1)
Nature of Development:  To construct and operate Glencassley Wind Farm – 26 No turbines (78 MW total Output) with 80 m (max) hub height and 126.5 m tip height complete with anemeometer masts, access tracks, borrow pits, electricity sub-station, cabling, concrete batching plant, construction compound and welfare buildings
Recommendation:  With the removal of three turbines, raise no objection.

Mrs I Campbell, Mr G Farlow, Mr D MacKay, Mr A MacLeod, Mr D Millar and Mr I Renwick did not take part in determination of this item as they had not attended the site inspection on 13 May 2013 and left the room.

There had been re-circulated Report No PLN/037/13 by the Head of Planning and Building Standards recommending that the Committee raise no objection to the application subject to the conditions detailed therein and the removal of three of the most prominent turbines: turbine No 1, No 2 and No 3.

The committee had held a site inspection on 13 May 2013 in relation to this item. The site inspection viewed the site from various viewpoints.

At each stop Mr K McCorquodale spoke to his Report and pointed out physical features relevant to the application and those representing the Applicant, members of the Community Council and Objectors were given the opportunity to point out physical features relevant to the application.

During the meeting on 21 May, Members expressed the following concerns:

    The development did encroach on SNH’s Search Areas for Wild Land and the emerging Wild Land Core areas.  The purity of the area was however not in the highest  area for wildness as seen from SNH’s 2012 consultation mapsand it was a well established working estate with deer stalking, fishing and forestry;
    The objection from SNH regarding the adverse effects on a Search Area for Wild Land including cumulative impact with the Sallachy Wind Farm application.  It was noted SNH considered the loss of wild land resource to be of national interest.

The Committee AGREED the recommendation to raise no objection to the application subject to the conditions detailed and the removal of three of the most prominent turbines: turbine No 1, No 2 and No 3.

Mr G Farlow declared a non-financial interest in Item 5.1 as he had made representations in support of the officers and left the room for this item.

Mr A MacLeod declared a non-financial interest in Item 5.1 as he had spoken in support of this item and left the room for this item.

5.2  Applicant:  WKN Sallachy Limited (11/04718/S36) (PLN-045-13 Part 1 (1833kb pdf) | PLN-045-13 Part 2 (1629kb pdf))
Location:  Sallachy Wind Farm, Sallachy and Duchally Estate, Lairg (Ward 1)
Nature of Development:  Wind farm 66 MW / 22 Turbines with associated infrastructure
Recommendation:  Raise no Objection.

Mrs I Campbell, Mr G Farlow, Mr D MacKay, Mr A MacLeod, Mr D Millar and Mr I Renwick did not take part in determination of this item as they had not attended the site inspection on the 13 May 2013 and left the room.

There had been circulated Report No PLN/045/13 by the Head of Planning and Building Standards recommending that the Committee raise no objection to the application subject to conditions to be circulated on the day of the meeting.   

The committee had held a site inspection on 13 May 2013 in relation to this item. The site inspection viewed the site from various viewpoints and continued up into the proposed wind farm site.

At each stop Mr K McCorquodale spoke to his Report and pointed out physical features relevant to the application and those representing the Applicant, members of the Community Council and Objectors were given the opportunity to point out physical features relevant to the application.

At the meeting on 21 May, Mr K McCorquodale updated the Committee on the Report.  The three concerns from SNH regarding peat slide and a breeding bird plan to protect the Merlin could be reinforced by condition.  SNH also had concerns in relation to the impact on a National Scenic Area and Wild Land.

Mr K McCorquodale advised that there were no conditions to circulate as these had yet to be finalised but that they would be very similar in nature to the Glencassley application as considered under Item 5.1.

Members had the following concerns:

    The objection from SNH regarding breeding birds: conditions should be put in place to allay concerns;
    The proximity to the Assynt-Coigach National Scenic Area and on the Search Area for Wild Land.
    Visual impact and the effect on tourism: the northern row of turbines was very visible, although the application had support from the local communities;
    Given the number of issues members asked that if the Committee decided to make no objection that conditions come back to a future committee for approval;
    The contradictions with policy SPP 2010.  Highland Wide Local Development Plan and the close proximity of those who reach the summit of Ben Mor Assynt.  The Committee should support SNH and look to them to take the lead in a Public Local Inquiry.

Ms M Smith, seconded by Mr H Morrison moved that the Committee indicate  that it does not wish to raise an objection subject to  conditions to be agreed at the next Committee, as the Highland wide Local Development Plan Policy 67 criteria were on balance acceptable and the wind farm would benefit the economy, give habitat improvement and the development sat well with the Council’s current Supplementary Guidance Onshore Wind Energy and Highland Renewable Energy Strategy generally.

Mrs I McCallum, seconded by Mrs A Sinclair moved as an amendment that the Committee raise an objection in support of and for the reasons in the objection from SNH.

On a vote being taken using the electronic voting system, votes were cast as follows:-

For the Motion: (5)

Mr B Fernie
Mr C Fraser
Mr H Morrison
Mrs A MacLean
Ms M Smith

For the Amendment: (3)

Mrs I McCallum
Mrs M Paterson
Mrs A Sinclair

The motion therefore became the finding of the meeting and the Committee AGREED to indicate that the Committee does not wish to raise an objection to the application.  At the next Committee meeting draft planning conditions for the use of the Energy Consent Unit would be considered and agreed.

6. Planning Applications to be Determined
Iarrtasan Dealbhaidh rin Dearbhadh

6.1  Applicant:  Mr Martin MacPhee (11/04245/PIP) (PLN-047-13 (151kb pdf))
Location:  Land west of 26 Geary, Hallin, Dunvegan (Ward 11)
Nature of Development:  Erection of dwellinghouse
Recommendation:  Grant.

There had been circulated Report No PLN/047/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns:

    Improvement to be made to ensure the best access possible with a flatter access than the existing accesses in the area which tended to be very steep.
    A layby and bin store would also be required;
    Drainage but as this is only outline permission, this could be dealt with at the detailed application stage.

The Committee AGREED the recommendation to grant the application  subject to conditions.

6.2  Applicant:  R R Mackay and Company Limited (12/03638/FUL) (PLN-048-13 Part 1 (1840kb pdf) | PLN-048-13 Part 2 (578kb pdf))
Location:  Land 550 m of Taigh na Muir, Dunnet (Ward 04)
Nature of Development: Erection of 1 no 500 kw wind turbine with a height to blade tip of 79.6 m, 55 m to hub and a rotor diameter of 48 m and ancillary works
Recommendation:  Refuse.

There had been circulated Report No PLN/048/13 by the Area Planning Manager recommending the refusal of the application for the reasons detailed therein.

Members had the following concerns:

    Disagreed with the planning officer that the visual impact was negative and it seemed that this had been the officer’s reason for refusal.
    Culture heritage – Visitors to the Castle of Mey would have to pass in close proximity to the turbine, although the Chief Tourist Officer was quoted as saying that wind farms had no significant effect on tourism in the Highlands;
    Some of the representations received against the development lived over 60 miles away, the majority of local people were in support of the application;
    RSPB objections on the proximity of the turbine to Loch of Mey a component part of the Caithness Lochs Special Protection Area, but content if these concerns could be mitigated;
    Local people and farmers needed to diversify, the removal of Dounreay would have a massive impact on the economy of the area;
    The area for the proposed turbine was very flat and it was considered the turbine would spoil the scenery at Dunnet Head and give no significant benefit to the local economy;
    The height of the turbine on an open landscape;
    The turbine was welcomed locally, no objections had been received from consultees, it was locally owned and would be built by a local contractor.  Visual and cumulative impact was minimal.

Mr A MacLeod, seconded by Mr W Mackay moved 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:  The application is within policy and is not sufficiently visually intrusive. It encourages diversification and therefore does not conflict with policies 67, 28 and 61 as stated in the Report.

Mrs I McCallum, seconded by Mr D MacKay moved as an amendment that the recommendation to refuse be agreed.

On a vote being taken using the electronic voting system, votes were cast as follows:-

For the Motion: (10)

Mrs I Campbell
Mr G Farlow
Mr B Fernie
Mr C Fraser
Mr W MacKay
Mrs A MacLean
Mr A MacLeod
Mr D Millar
Mr I Renwick
Ms M Smith

For the Amendment: (4)

Mr D MacKay
Mrs I McCallum
Mrs M Paterson
Mrs A Sinclair

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

6.3  Applicant:  LSHA/The Highland Council (13/00149/FUL) (PLN-049-13 Part 1 (1995kb pdf) | PLN-049-13 Part 2 (1970kb pdf) | PLN-049-13 Part 3 (265kb pdf))
Location:  Former Dairy Site, The Square, Balmacara, Kyle (Ward 06)
Nature of Development:  Demolition of former dairy.  Erection of 4 semi- detached houses and 4 flats with associated parking and upgrading of existing access road
Recommendation:  Grant.

There had been circulated Report No PLN/049/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns:

    Speed – motorists tended to speed at this part of the road coming from Plockton.  As these would be family houses could some form of enhanced notice be provided for pedestrians crossing the road.

Mr G Sharp advised that no planning condition was required for such a notice and Mr C Kemp agreed that it would be for TEC Services to carry this out.

The Committee AGREED the recommendation to grant the application subject to conditions.

6.4  Applicant:  Mr Alpin MacDonald (13/00624/FUL) (PLN-050-13 (1789kb pdf))
Location:  Land 50 m SE of 4 Swordale Cottages, Evanton (Ward 07)
Nature of Development:  Erection of 3 houses and 3 garages
Recommendation:  Grant.

There had been circulated Report No PLN/050/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

Members had the following concerns:

    Was this a housing group?
    Road widening – a further condition was required to upgrade the road, this was a very narrow single track road with hedges that affected visibility;
    Passing place – more than one passing place was required and members asked for a meeting on site to discuss the road;
    Road Surfacing - This area had added 28 houses in ten years with no upgrade to the road.  The surface of the road was covered in small stones and in a poor state.
    Did the affordable housing policy not apply?

The Planning Manager advised that the Committee had already approved a house in principle in this location and it was therefore already accepted that it was a housing group.  Affordable housing policy could only be applied on the number of properties in the current application as no other applications had been received since the policy had been put in place.  Any future applications would require affordable housing and this could be added as a footnote.

Road improvements could only be requested if reasonable for the size of the current development and not on previous developments in this area.  A condition had been attached requiring a service layby and hardstanding for the storage of wheelie bins prior to the first occupation of any part of the development.

Mr S Young stated that they had requested a service bay and one passing place based on the size of the development, but they could consider another passing place.  The Committee could not ask for road widening as it was considered disproportionate to the level of use of this road.  The road was to be resurfaced this year.  TEC Services would be happy to meet at the site to discuss any improvements that could be made to the road.

The Committee agreed to DEFER consideration of the application to allow planning and roads officials to meet to identify road improvements.   

6.5  Applicant:  Mr Peter Bene (13/00933/FUL) (PLN-051-13 (1774kb pdf))
Location:  Balblair Farm, Edderton, Tain (Ward 05)
Nature of Development:  Alter and extend hours, demolishing previous extension; erect domestic garage/workshop; alter existing access arrangement – forming a new private access
Recommendation:  Grant.

There had been circulated Report No PLN/051/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation to grant the application subject to conditions.

6.6  Applicant:  Sutherland Sport Community and Recreation Hub (13/01194/FUL) (PLN-052-13 (1987kb pdf))
Location:  Blaes Park, Back Road, Golspie (Ward 05)
Nature of Development:  Provision of two sporting areas – football, and netball/basketball.  Erection of ball-stop fencing.  Installation of floodlighting to the football area
Recommendation:  Grant.

There had been circulated Report No PLN/052/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation to grant the application subject to conditions.

6.7  Applicant:  Openreach (13/01405/FUL) (PLN-053-13 (418kb pdf))
Location:  Royal Mail Delivery Office, High Street, Dingwall (Ward 09)
Nature of Development:  Installation of telecom cabinet
Recommendation:  Grant.

There had been circulated Report No PLN/053/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation to grant the application.

6.8  Applicant:  Openreach (13/01409/FUL) (PLN-054-13 (426kb pdf))
Location:  Land adjacent to St Clement’s Church, Tulloch Street, Dingwall  (Ward 09)
Nature of Development:  Installation of telecom cabinet
Recommendation:  Grant.

There had been circulated Report No PLN/054/13 by the Area Planning Manager recommending the grant of the application subject to the conditions detailed therein.

The Committee AGREED the recommendation to grant the application.

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

Mr C Fraser declared a non-financial interest in Item 7.1 as he personally knew some of the objectors and supporters and his wife was an objector and he left the room for this item.

7.1 Applicant: Bright Spark Energy Ltd (12/01650/FUL)
Location: Land at Davidston Farm, (1 km west of Mains of Eathie Farm), Cromarty (Ward 10)
Nature of Development: Erection of three (amended from five) 800 kw wind turbines on 49.7 m towers (rotor diameter 48m)

The Committee NOTED that an appeal had been lodged.

7.2 Applicant: G and M Properties (12/03939/FUL) (PPA-270-2086 (73kb pdf))
Location: Ross-shire Business Centre, 1 Castle Street, Dingwall, IV15 9HU (Ward 9)
Nature of Development: Alterations and change of use from offices (Class 4) to guest house (Class 7)

The Committee NOTED that this appeal had been allowed.

There being no further business the meeting closed at 2.45 pm.