PLANNING COMMITTEE of ORKNEY ISLANDS COUNCIL Held in COUNCIL OFFICES, KIRKWALL on 16 MARCH 2016 at 10.30Am
Total Page：16
File Type：pdf, Size：1020Kb
1272 MINUTE of the MEETING of the PLANNING COMMITTEE of ORKNEY ISLANDS COUNCIL held in COUNCIL OFFICES, KIRKWALL on 16 MARCH 2016 at 10.30am Present: Councillors Robin W Crichton, Owen Tierney, Janice Annal, Maurice C Davidson, Andrew Drever, J Harvey Johnston, Rachael A King, W Leslie Manson, James W R Moar, Graham L Sinclair and James W Stockan Clerk to the Committee: Angela Kingston, Committees Officer In Attendance: Roddy MacKay, Head of Planning and Regulatory Services Fiona Mullen, Planning Manager (Development Management) Peter Trodden, Solicitor Margaret Gillon, Senior Planner (for Items 3 to 5) Jamie Macvie, Senior Planner Sue Doyle, Planning Officer (for Item 1) Donald Wilson, Roads Authority Officer (for Item 1) Observing: Susan Shearer, Senior Planner (Development and Marine Planning) (for Item 1) Alison Poke, Graduate Planner (for Items 1 to 5) Apology: Councillor William T Stout Declarations of Interest: Councillor Janice Annal – Items 2 and 5 Councillor W Leslie Manson – Item 1 Councillor Robin W Crichton in the Chair 1. PLANNING APPLICATION 15/467/PIP PROPOSED CREATION OF FOUR HOUSE SITES AND ACCESS AT HEDDLE ROAD, FINSTOWN Councillor W L Manson declared a non-financial interest in this item, in that he was a former work colleague of the applicant’s spouse, and was not present during discussion thereof. Alistair Bruce, applicant, and Angela Barnett, Jeannie Wright and Victor Muir, objectors, were present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from the Planning Officer, the Committee:- 1273 NOTED:- 1.1. that letters of objection relating to the application for planning permission in principle in respect of the proposed creation of four house sites and an access at Heddle Road, Finstown, had been received from the following:- 1.1.1. Angela and William Barnett, Garaber, Heddle Road, Finstown; 1.1.2. Monica Baikie, Fiold, Heddle Road, Finstown; 1.1.3. Paul and Patricia Wishart, 2 Hill of Heddle, Finstown; 1.1.4. Jean Woodfield, 4 Hill of Heddle, Finstown; 1.1.5. Isobel Williams, 5 Hill of Heddle, Finstown; 1.1.6. Sylvia and Erlend Manson, Stenaquoy, Heddle Road, Finstown; 1.1.7. John and Fiona Wood, Stenwood, Heddle Road, Finstown; 1.1.8. Jeannie Wright, Ryvoan, Norseman, Firth; 1.1.9. Janice Harcus, Brekka, Heddle Road, Finstown; 1.1.10. Victor Muir, Cumminess Farm, Stenness; 1.1.11. Tim Dean, Orcadia, Willow Road, Kirkwall; 1.1.12. John Crossley, North Flaws, St Margaret’s Hope; 1.1.13. Malcolm and Trudy Marwick, Benbeoch, Heddle Road, Finstown; and 1.1.14. Firth and Stenness Community Council, c/o Carole Linklater, Stonelea, Stenness; 1.2. that, on 27 January 2016, the Planning Committee deferred consideration of the application for the proposed creation of four house sites and an access at Heddle Road, Finstown, to enable:- 1.2.1. members of the Committee to undertake an unaccompanied site visit, with an officer from Roads Services in attendance to respond to any queries in respect of the proposed access; and 1.2.2. the Executive Director of Development and Infrastructure to ensure that the following information was made available to the Committee:- 1.2.2.1. a map which clearly indicated all aspects of the proposed development for which planning permission in principle was being sought; and 1.2.2.2. relevant extracts from the Finstown Tree Preservation Order relating to the area of land for the proposed development; 1.3. that the site visit, referred to at paragraph 1.2.1 above, had taken place at 9.30am on 16 March 2016; and 1.4. that the information, referred to at paragraph 1.2.2 above, had been provided to the Committee as part of the report by the Executive Director of Development and Infrastructure. 1274 After hearing representations from Angela Barnett, objector, and from Alistair Bruce, applicant, Councillor M C Davidson, seconded by Councillor A Drever, moved that planning permission be granted in respect of the proposed creation of four house sites and an access at Heddle Road, Finstown, subject to conditions as proposed by officers. Councillor R W Crichton, seconded by Councillor O Tierney, moved an amendment that the application be refused, as the proposed development was contrary to part A of Policy N1, Policy N4, part 1 of Policy N7 and sections 1 and 6 of Policy SD1 of the Orkney Local Development Plan 2014. On a vote being taken 5 members voted for the amendment and 5 for the motion, and, on the casting vote of the Chair, the Committee:- RESOLVED, in terms of delegated powers:- 1.5. that the application for planning permission in principle in respect of the proposed creation of four house sites and an access at Heddle Road, Finstown, be refused; and 1.6. that the Committee’s reasons for refusing planning permission against the recommendation of the Executive Director of Development and Infrastructure were that, in the Committee’s opinion:- 1.6.1. the proposed development would be conspicuous as it was sited on the higher ground above the village and would have a significant adverse effect on the landscape character of the area; 1.6.2. in light of the likely presence of European Protected Species (otters and bats) on the site, together with its wider biodiversity value as a habitat for other significant flora and fauna, and the lack of comprehensive surveys to confirm whether or not such species were present, any potential detrimental impacts on the species could not be demonstrated to be satisfactorily mitigated; 1.6.3. there would be a detrimental impact on the adjacent woodland caused by the proposed access road for the development encroaching on land protected by the Finstown Tree Preservation Order; 1.6.4. the proposed development would not protect nor enhance Orkney’s natural environment and would have an unacceptable impact on the amenity of residents by removing a locally important area of habitat and open space; and 1.6.5. the proposed access to the site was not in accordance with that detailed in the Settlement Statement contained in the Local Development Plan (Site F-A) which indicated that access would be taken from the access road into previously developed land directly to the south of the site (Hill of Heddle road); 1275 and was therefore contrary to:- 1.6.6. part A of Policy N1 – Landscape Conservation, Policy N4 – Wider Biodiversity and Geodiversity, part 1 of Policy N7 – Trees and Woodland and sections 1 and 6 of Policy SD1 – Criteria for All New Development of the Orkney Local Development Plan 2014. 2. PLANNING APPLICATION 15/410/PP PROPOSED CREATION OF THREE SERVICED HOUSE SITES AT CASTLEHAME, CARNESS ROAD, ST OLA Councillor J Annal declared a non-financial interest in this item, in that she was related to the applicant, and was not present during discussion thereof. Raymond Sinclair, applicant, and Robert Cross, agent for the applicant, were present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from J Macvie, Senior Planner, the Committee:- NOTED:- 2.1. that letters of objection relating to the application for planning permission in respect of the proposed creation of three serviced house sites at Castlehame, Carness Road, St Ola, had been received from the following:- 2.1.1. Mr and Mrs Shearer, Four Seasons, Carness Road, St Ola; and 2.1.2. G and S Laidlow, Innischonnel, Carness Road, St Ola. After hearing representations from Raymond Sinclair, applicant, the Committee:- RESOLVED, in terms of delegated powers:- 2.2. that planning permission be granted in respect of the proposed creation of three serviced house sites at Castlehame, Carness Road, St Ola, subject to the conditions listed in Appendix 1 to this Minute. 3. PLANNING APPLICATION 15/542/PP PROPOSED ERECTION OF HOUSE WITH DETACHED GARAGE AT STEINFLETT, DEERNESS Alan Munro, representing the applicants, Alan and Kate Munro, and Michael and Elizabeth Mahoney, objectors, were present during consideration of this item. After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from J Macvie, Senior Planner, the Committee:- 1276 NOTED:- 3.1. that a letter of objection relating to the application for planning permission in respect of the proposed erection of a house with detached garage at Steinflett, Deerness, had been received from M and E Mahoney, Taingholm, Deerness. After hearing representations from Michael Mahoney, objector, and from Alan Munro, representing the applicants, Alan and Kate Munro, the Committee:- RESOLVED, in terms of delegated powers:- 3.2. that planning permission be granted in respect of the proposed erection of a house with detached garage at Steinflett, Deerness, subject to the conditions listed in Appendix 2 to this Minute. 4. PLANNING APPLICATION 15/592/PIP PROPOSED SITING OF HOUSE AT 22 HIGH STREET, KIRKWALL After consideration of a report by the Executive Director of Development and Infrastructure, copies of which had been circulated, and after hearing a report from J Macvie, Senior Planner, the Committee:- NOTED:- 4.1. that a letter of objection relating to the application for planning permission in principle in respect of the proposed siting of a house at 22 High Street, Kirkwall, had been received from Hannah David, 24 High Street, Kirkwall. After hearing a statement from Craig Smith, agent for the applicant, Jennifer Smith, which was read out by the Clerk, the Committee:- RESOLVED, in terms of delegated powers:- 4.2. that planning permission in principle be granted in respect of the proposed siting of a house at 22 High Street, Kirkwall, subject to the conditions listed in Appendix 3 to this Minute.