PLANNING APPLICATIONS Committee

Minute / 25 January 2012 / Minute
Minute / Minute

PLANNING APPLICATIONS committee

Meeting of Wednesday 25 January 2012

at 10.30am in Council Offices, English Street, Dumfries

Present

Members

Ian Lindsay (Chairman) / - / Annandale East and Eskdale
Ian B Carruthers / - / Annandale South
John Charteris / - / Lochar
Archie Dryburgh / - / Annandale East
Alistair Geddes / - / Mid Galloway
Patsy Gilroy / - / Dee
Thomas Jacques / - / Dee
David J McKie / - / North West Dumfries
Sandra McDowall / - / Mid Galloway
Graham Nicol / - / Mid Galloway
George N Prentice / - / Castle Douglas & Glenkens
Roberta Tuckfield / - / Wigtown West

Officials

David Suttie / - / Service Manager Development Management
Carol Henshall / - / Service Manager Committee and Member Services
Dean Clapworthy / - / Senior Planner
Robert Duncan / - / Area Planning Manager
Judith Turnbull
Mhairi Duff / -
- / Planner
Planner

Apologies

Ted Brown / - / Annandale North
James H Dempster / - / Mid & Upper Nithsdale
Michael Dickie (Vice-Chairman) / - / Annandale North
Thomas A McAughtrie / - / Abbey
Ronnie E Ogilvie / - / Annandale South
Alastair Witts / - / Nith
Andrew Wood / - / Mid and Upper Nithsdale

Alex Haswell

Director Chief Executive Service

1.SEDERUNT AND APOLOGIES

11 Members present, 7apologies

2.DECLARATIONS OF INTEREST

Graham Nicol declared an interest in item 4.2 by virtue of a personal friendship with the former owner of land and left the meeting during consideration of this item.

George NPrentice declared an interest in item 4.4 due to a personal relationship with one of the respondents and left the meeting during consideration of this item.

3.MINUTE OF MEETING OF 14 DECEMBER 2011

PROCEDURE-The Service Manager Development Management advised the Committee that an objector to Item 4.1 (Lochmailing - 11/P/3/0037) had queried the accuracy of the Minute. The Service Manager Development Management confirmed he was satisfied that the Minute accurately reflected the Committee’s decision and advised that the revocation order for planning permission 10/P/3/0436 was due to be advertised the following week. Provided no objections were received, the order would take effect after 28 days. The planning permission for 11/P/3/0037 would not be issued until the revocation process was complete.

Decision

APPROVEDsubject to an amendment to include Ian B Carruthers as an apology in

the listing on the frontispiece to the minute.

4.PLANNING APPLICATIONS

APPLICATIONS ELIGIBLE FOR PUBLIC SPEAKING

MEMBER- Archie Dryburgh entered the meeting- 12 Members present

4.1MUIRHEAD FARM, TWYNHOLM – Planning application for the erection of 1 no. wind turbine (up to 27m tip height) (11/P/2/0237)

Procedure - Advice was given that the application was to be considered de novo and accordingly all Members present at this meeting could participate and determine this application.

The Committee heard from Ms S Haszard, Objector; Dr David Duncan, Twynholm Community Council; Ms J Gibson, Objector; Mrs J Wallace [J Girgan Architecture], Applicant

VOTE

4.1.1MOTIONbyALISTAIR GEDDESseconded by IAN B CARRUTHERS that the application be approved subject to conditions as detailed in the report and additional conditions relating to noise nuisanceas recommended by the Council’s Environmental Standards Officer as follows:-

4. / That throughout the life of the development, the developer shall ensure that noise emitted by the wind turbine at the nearest residential property by any associated machinery and equipment, or used as part of the development shall be of a type and shall be insulated (or sufficiently attenuated), installed, operated and permanently maintained, so that the rated continuous equivalent noise level (LAeqTr) from the development shall not exceed the ambient background noise level (LA90) at the nearest noise sensitive properties by more than 5dB(A), or shall not exceed a night time LAeq 5min noise emission level of 40 dB(A) as measured at the nearest noise sensitive receptor, whichever is the greater.
5. / At the written request of the Council as Planning Authority, and, following a justified complaint relating to noise emissions arising from the operation of the turbine, the Developer shall cease the operation of the turbine (within a period of not more than 24 hours from receipt of request), and, shall facilitate the measurement of the level of noise emission from the turbine at the property to which the complaint relates by a suitably qualified acoustic consultant, in order to determine compliance with Condition 4. Only after the planning authority, as advised by Environmental Standards, has confirmed that such compliance can be achieved can the turbine re-commence operations.
6. / That the turbine shall at all times be fitted with a braking mechanism or other such suitable system to enable the cessation of operation of the turbine for the lifetime of the development.

4.1.2AMENDMENT by THOMAS JACQUES seconded by DAVID J McKIE that the application be refused on the grounds ofvisual impact on the amenity and landscape character in terms of Dumfries and Galloway Structure Plan Policy E3 Landscape Character;visual amenity in terms of Policy S22 Wind Farm and Wind Turbines Development; and Stewartry Local Plan General Policy 7 Siting and Design and the advice contained within the draft Wind Energy Interim Planning Policy.

4.1.3On a vote being taken by roll call Members voted as follows:-

Motion- 9 votes being:-

Ian Lindsay, Ian B Carruthers, John Charteris, Alistair Geddes, Patsy Gilroy, Sandra McDowall, Graham Nicol, George N Prentice and Roberta Tuckfield

Amendment- 3 votes:-

Archie Dryburgh, Thomas Jacques and David J McKie

Decision

APPROVEDapplication 11/P/2/0237 subject to conditions as detailed in report and additional conditions relating to noise nuisanceas recommended by the Council’s Environmental Standards Officer as follows:-

MEMBER- Graham Nicoldeclared an interest and left the meeting -11 Members present

4.2GALTWAY HILL, MILTON FARM, KIRKCUDBRIGHT–Planning application for construction of 2wind turbines (of up to 100m tip height), concrete foundations, hard standing areas, new and upgraded access tracks, transformer kiosks, substation building and borrow pit(09/P/2/0267)

The Committee heard Mr P Houston, Mr K Mycock, Mrs R Leigh, Ms J Gibson, Objectors; Mr D Picken, Applicant and Mr Mackie, Agent

PROCEDURE–The Chairman, whilst the applicant and agent were answering questions following their presentation, allowed Mr Ewan Cowie, acting for agent, The Greenspan Agency, to answer questions on matters of fact that the applicant/agent were unable to answer

Decision

REFUSEDapplication 09/P/2/0267on the following grounds:-

1. / The proposed development, by reason of its siting, size and scale, would have a significant adverse impact on both the visual amenity and character of the surrounding landscape, contrary to Council Development Plan Policy as expressed in Dumfries and Galloway Structure Plan Policies D36, E3, S21 and S22, and Stewartry Local Plan General Policies 1 and 7. The proposal would also fail to accord with the guidance and advice set out in Dumfries and Galloway Structure Plan Technical Paper No. 5, the Dumfries and Galloway Interim Planning Policy: Wind Energy Development (Consultative Draft), and to national guidance as expressed in SPP at paragraph 187; and
2. / The proposed development would adversely affected the setting of the High Banks cup and ring marked stones, a Scheduled Ancient Monument, contrary to Council Development Plan Policy as expressed in Dumfries and Galloway Structure Plan Policy E12 and Stewartry Local Plan General Policy 54.

Member- Graham Nicol re-entered the meeting-12 Members present

4.391 ST MARY'S STREET, KIRKCUDBRIGHT – Planning application for alterations and change of use of former coach house / garage to dwellinghouse - (11/P/2/0311)

The Committee heard Mr Campbell, Agent

Decision

APPROVEDapplication 11/P/2/0311, as an exception to policy, as it was considered that the character, design and materials of the existing building made a contribution to the Conservation Area which would be lost if the building was not brought back into active use; no extension or significant alterations were proposed to the building; and the proposed dwellinghouse use would be compatible with and would have no adverse effect on the residential amenity of the locality. The Committee resolved that approval should be subject to conditions removing permitted development rights and requiring the provision of the proposed parking spaces.

ADJOURNMENT - The meeting adjourned at 12.45pm and reconvened at 1.45pm with 11 Members present, being:-

Ian Lindsay, Ian B Carruthers, John Charteris, Archie Dryburgh, Alistair Geddes, Patsy Gilroy, Thomas Jacques, David J McKie, Sandra McDowall, Graham Nicol and Roberta Tuckfield

4.4PATTIESTHORN PLANTATION, PARTON, CASTLE DOUGLAS– Planning application for the erection of 70m high anemometer mast (for temporary period of 36 months) (11/P/2/0287)

The Committee heard Mr Jackson and Ms Coles, Objectors; Mr Innes, Agent

Decision

REFUSED application 11/P/2/0287on grounds of public safety by virtue to the proximity of the proposed anemometer mast to an unlicensed airstrip.

ADJOURNMENT – the meeting adjourned at 2.00pm and reconvened at 2.05pm with 11 Members present being:-

Ian Lindsay, Ian B Carruthers, John Charteris, Archie Dryburgh, Alistair Geddes, Patsy Gilroy, Thomas Jacques, David J McKie, Sandra McDowall, Graham Nicol and Roberta Tuckfield

4.5MORRISONS, LONDON ROAD, STRANRAER– Section 42 Planning Application to not comply with planning permission 01/P/1/0005 (variation of Condition 19 of planning permission 93/TP/1149) (opening hours) and non-compliance with planning permission 01/P/1/0006 (variation of Condition 20 of planning permission 93/TP/1149) (opening hours of petrol filling station) (11/P/1/0354)

Decision

APPROVEDapplications 01/P/1/0005 (variation of Condition 19 of planning permission 93/TP/1149) (opening hours) and non-compliance with planning permission 01/P/1/0006 (variation of Condition 20 of planning permission 93/TP/1149) (opening hours of petrol filling station) (11/P/1/0354)

subject to condition as detailed in the reportand an additional condition on noise asrecommended by the Council’s Environmental Standards Officer as follows:-

That throughout the life of the development, the developer shall ensure that noise emitted during extended opening hours at the nearest residential property by any associated machinery and equipment, or used as part of the development shall be of a type and shall be insulated (or sufficiently attenuated), installed, operated and permanently maintained, so that the rated continuous equivalent noise level (LAeqTr) from the development shall not exceed the ambient background noise level (LA90) at the nearest noise sensitive properties by more than 5dB(A), or shall not exceed a night time LAeq 5min noise emission level of 40 dB(A) as measured at the nearest noise sensitive receptor, whichever is the greater.

4.6A714 - NEW ROAD - NORTH MAIN STREET, U774W - HIGH VENNEL, U377W - LOCHANCROFT LANE, WIGTOWN – Planning application for traffic calming measures in relation to Safer Routes to Schools comprising installation of traffic signage, bollards and warning signs, formation of new footpaths, alterations to existing public footpaths, and provision of road markings (11/P/1/0389)

PROCEDURE–Advice was given on the linked Road Traffic Act consultations

PROCEDURE- Advice was provided that the site boundary as shown on page 80 of the Committee Papers encapsulated the elements of the proposal requiring planning permission due to their location within the Wigtown Conservation Area, and therefore correctly defined the application site.

Decision

APPROVEDapplication 11/P/1/0389 unconditionally.

4.7JUNCTION OF C52W AND B7084, DUNRAGIT – Planning application for the widening of a public road junction (11/P/1/0226)

Decision

APPROVED application 11/P/1/0226 subject tothe following condition:-

1. / That the road widening works hereby granted planning permission shall not be brought into use unless:-
a) all road side furniture within the site has been resited to the specification and satisfaction of the Council as planning authority, in consultation with the roads authority;
b) the existing field access gateway to the public road located within the site has been closed off / stopped up for the lifetime of the development by means of a barrier.
No development in respect of this planning permission shall take place unless details of the said barrier have been submitted to and approved in writing by the Council as planning authority, in consultation with the roads authority.
After implementation, the said barrier shall be retained and maintained in situ in a satisfactory operational condition for the lifetime of the development.

The Committee also resolved that a Directive be added to make it clear that the proposed road widening works (which would also require roads construction consent) should:- form a permanent part of the adopted road boundary after completion of the works; be surfaced in bituminous materials instead of grasscrete; and be hatched so as to differentiate it from the main carriageway.

MEMBER - Roberta Tuckfield left the meeting - 10 Members present

4.8GILLRIGG FOOT, LOCKERBIE - Planning application for conversion of derelict cottage to form dwellinghouse, raising of ground and floor levels, raising of wallheads and erection of extension - (11/P/3/0363)

The Committee heard Mrs S Smith, Agent and Mr M Hyslop, Applicant

PROCEDURE – The applicant’s agent advised that, in their opinion, there were errors in the measurements stated in the report and that the increase in size of the building footprint was 106% and not 125% as stated. This would, however, still effectively be a doubling in size of the existing building footprint.

VOTE

4.8.1MOTION byJOHN CHARTERISseconded byIAN B CARRUTHERS that the application be approved on the grounds that the principle of a house on this site had been established, which provided for conversion of a derelict house raised to road height which would be converted in a sympathetic manner proportionate to the existing footprint which complied with Scottish Planning Policy paragraphs 92-96 and Dumfries and Galloway Structure Plan Policy D4 – Housing in the Countryside.

4.8.2AMENDMENTby PATSY GILROY seconded bySANDRA MCDOWALL that the application be refused on the grounds that the siting, scale and detailing of the proposed extensions and alterations would adversely impact on the character and appearance of Gillrigg Foot, contrary to Dumfries & Galloway Structure Plan Policy D4 and Nithsdale Local Plan General Policy 7.

4.8.3On a vote being taken by roll call, Members voted as follows:-

Motion -5 votes being:-

Ian B Carruthers, John Charteris, Alistair Geddes, Thomas Jacques and Graham Nicol

Amendment –5 votes being:-

Ian Lindsay, Archie Dryburgh, Patsy Gilroy, David J McKie and Sandra McDowall

There being an equality of votes, the Chairman exercised his right to a casting vote which fell in favour of the amendment.

Decision

REFUSEDapplication 11/P/3/0363on the grounds that the siting, scale and detailing of the proposed extensions and alterations would adversely impact on the character and appearance of Gillrigg Foot, contrary to Dumfries & Galloway Structure Plan Policy D4 and Nithsdale Local Plan General Policy 7.

APPLICATIONS NOT ELIGIBLE FOR PUBLIC SPEAKING

4.95 ASTON TERRACE, STAIR DRIVE, STRANRAER – Planning application for alterations and extension to dwellinghouse (11/P/1/0325)

Decision

APPROVED application 11/P/1/0325 unconditionally.