Highland councillors have vented their frustrations over a Skye planning application that was agreed by council, only to be thrown out by ministers.
While the discussion stemmed from one housing application, members say there’s a much bigger problem with how local decisions are handled at a national level.
North planning chairman Drew Millar called on the leader of the Highland Council to open talks with the Scottish Government.
Coastal flooding issue
The latest controversy began with a simple housing application in Kyleakin, Skye. Caroline Clouston applied to build a new home in an area of land she owns beside her current property.
Ms Clouston hoped it would provide a suitable home for her later years, and make it easier for her daughter, a wheelchair-user, to visit.
However, Sepa objected to the plan, stating that the area lies within an area at risk of 1-in-200-year flooding.
Sepa said residents could become trapped in the home if flooding did occur, and highlighted that the plans didn’t include any new flood defences.
However, north planning committee took a different view. Deciding the case last August, councillors said the area has never flooded in living memory.
Skye members raised particular concern that Sepa was taking a “doomday” approach to flood risk. They warned that refusing planning permission could set a precedent that would hamper development along the Highland coast.
Planning officers reminded members they need to look to the future, but the committee voted to grant permission.
This was not the end of the story. Because Sepa is a national agency, the case had to go before Scottish Ministers.
Ultimately, the Scottish Government agreed with Sepa, and overturned the council’s decision.
‘It’s a horrible feeling’
Reacting to the decision last week, councillors called it “astounding and ridiculous”.
Today, north planning committee formally discussed the application, and they didn’t hold back.
The new SNP chairman Drew Millar told members he would try to stay “calm and collected” and choose his words carefully.
Mr Millar said he was disappointed with the decision of the Scottish Reporter, especially since it took a year to come through.
He also said the Sepa approach is inconsistent, because they do not object to home extensions but do object to new builds.
In response, planning manager Dafydd Jones said a new home would potentially increase the population of the flood-risk area.
However, councillor Millar said the judgement had serious implications for Skye and the entire west coast.
Members across the political spectrum weighed in. Councillor Biz Campbell agreed that Sepa’s approach was a cause for concern in coastal communities of Highland.
Dingwall councillor Margaret Paterson also took to her feet.
“We’re all getting fed up of deciding on something and the reporter coming up and going against us,” she said. “It’s a horrible feeling. You think you’re doing your best for your constituents but then it’s overturned and the public out there say you’ve got no power. That’s the way it looks.”
Skye councillor Ruraidh Stewart claims the Scottish Government has overturned around 60% of Highland Council’s north planning committee decisions.
A matter of local democracy
Former north planning chairwoman Maxine Smith lobbied on this issue during her time at the helm. She said planning committee chairs in Shetland, Orkney, the Borders and Fife had approached her with similar concerns.
“We’ve got the ear of people and we know the local area, then Scottish Ministers come along and overturn it,” she said, urging constituents to highlight cases like these in the press and keep lobbying their MSPs.
“MSPs need to realise that people want local democracy,” she said. “They don’t want to be controlled by the centre.”
Mr Jones reminded members that the key issue in this case was flooding. “When the impacts are felt they will be very real,” he said, adding: “We will be asked more frequently about this as a committee and about adopting a preventative approach.
“That doesn’t mean development can’t happen in coastal areas but we’re being asked to pause for thought.”
However, Mr Jones told members that National Planning Framework 4 is not yet finalised. This could provide a basis for further discussion.
Chairman Mr Millar said he has asked council leader Raymond Bremner to open discussions with the Scottish Government.
Mr Bremner had left the meeting by that point, and has not yet responded to requests for comment.
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