Planning & Traffic Management Sub-Committee

Wednesday 1 May 2002 at 3.00 pm

Present:  Councillors  Blair,  Calvert, Campbell,  McCormick, McGhee and Morrison (M).

Chair:  Councillor McGhee presided.

In attendance:  Depute Chief Executive, Mr G Douglas (for Director of Legal & Support Services), Head of Planning Services and Mr A Bruce (for Head of Transportation & Roads Service).

Apologies:  Councillor Robertson (Y).

The following paragraphs are submitted for information only, having been dealt with under the powers delegated to the Sub-Committee.

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PLANNING APPLICATIONS

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There were submitted reports by the Head of Planning Services on the following applications which were submitted, together with letters of objection and support where submitted, and dealt with as follows:-

(a)

Erection of Dwellinghouse (in Outline):

Bellenden, Duchal Road, Kilmacolm (IC/02/023)

Decided:  that planning permission be refused as the site is of insufficient size to support a house of scale to be in character with those existing in Duchal Road, to the detriment of the established visual quality of the streetscape and contrary to Local Plan policy DCm.

(b)

Use of Land as Monthly Saturday Farmers' Market (9 am to 4 pm):

Clyde Square, Greenock (IC/02/047)

Decided:  that planning permission be granted subject to the following conditions:-

(1)   that the permission hereby granted is for a temporary period only and shall expire on 1 May 2003, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997 and to enable the Head of Planning Services to assess the impact on the general amenity of the development;

(2)   that the market shall not trade outwith the hours of 9am to 4pm;

(3)  that the setting-up and dismantling of the market shall not take place outwith the hours of 6am to 6pm on the market day, conditions (2) and (3)  being imposed to define the permission and regulate the use of the site;

(4)  that no vehicles shall enter the application site, in order to protect the condition of surface materials within the application site;

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(5)   that prior to the first market hereby permitted taking place, details of the tarpaulin covers to be used shall be submitted to and approved by the Head of Planning Services and that, for the avoidance of doubt, the same tarpaulin shall be used on all stalls, in the interests of visual amenity of the conservation area and the setting of the listed buildings;i

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(6)  that all steps within the application site shall be kept clear of stalls, covers, containers or any other materials, in the interests of pedestrian safety; and

(7)  that prior to the first market hereby permitted taking place, the applicant shall submit and receive written approval from the Head of Planning Services for refuse collection and disposal arrangements and such approval shall apply to each market thereafter, in the interests of visual amenity.

(c)

Erection of 15m Columns with Floodlights (Non-Compliance with Condition 6 of Planning Permission (IC/02/021)):

Gryffe Road, Kilmacolm (IC/02/034)

The report recommended that planning permission be refused as the floodlights and columns, by way of their height, unacceptably detract from the established residential amenity of the Kilmacolm Area of Policy Control.

Decided:  that consideration of the application be continued to the next meeting of the Sub-Committee to allow the Head of Planning Services to examine additional information submitted by the applicant’s agent relative to ground levels.

(d)

Construction of Telecommunications Lattice Tower Mobile Phone Mast and Associated Equipment:

Inverclyde Council Yard, Fyfe Shore Road, Port Glasgow (IC/02/028)

The report recommended that the application be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 recommending that planning permission be granted subject to a number of conditions.

Councillor Hill was present and with consent spoke on the matter.

After discussion, Councillor McGhee moved that the application be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 recommending that planning permission be granted subject to the conditions detailed in the report.  As an amendment, Councillor Morrison moved that planning permission be refused (1) as the proposal would damage the existing visual amenity of the vicinity,  predominantly residential development and (2) as the proposal would prejudice the future use of the subjects of the application and the land in the vicinity.  On a vote, 1 Member voted for the motion and 5 for the amendment which was declared carried.

Decided:  that planning permission be refused for the following reasons:-

(1) as the proposal would damage the existing visual amenity of the vicinity,  predominantly residential development; and

(2) as the proposal would prejudice the future use of the subjects of the application and the land in the vicinity.

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(e)

Change of Use and Alterations to Form 2 Flats and Bar/Restaurant:

2 - 14 Brymner Street, Greenock (IC/02/053)

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Decided:  that planning permission be granted subject to the following conditions:-

(1)  that the development to which this permission relates must be begun within five years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(2)  that the frames of the windows to be used shall be coloured to match those already used on the building before the relevant flats are occupied or the bar/restaurant is brought into use;

(3)  that before the development hereby permitted starts full details and samples of the panelling to be used on the external walls of the building shall be submitted to and approved by the Head of Planning Services, conditions (2) and (3) being imposed in the interests of the visual amenity of the area and continuity in the appearance of the building; and

(4)  that before the flats hereby permitted are occupied or the bar/restaurant is brought into use, whichever occurs sooner, paint shall be removed from the stonework on the ground floor level and details shall be submitted of any subsequent treatment to the stonework, the treatment of the stonework shall take place at the earliest opportunity following approval and no later than 56 days from the date of approval of such works, to ensure an improvement in the appearance of the building in the interests of the visual amenity of the area.

(f)

Formation of Driveway:

72 Dunlop Street, Greenock (IC/02/068)

Decided:  that planning permission be granted subject to the following conditions:-

(1)  that the development to which this permission relates must be undertaken within 5 years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; and

(2)  that access to the driveway shall be taken via a footway crossover, constructed in accordance with the Council's Road Development Guide, to ensure an appropriate treatment to the public footpath in the interest of road safety.

(g)

Erection of Garage (in Retrospect):

2 Lemmon Street, Greenock (IC/02/59)

Decided:  that planning permission be granted.

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(h)

Erection of Conservatory and Timber Decking (in Retrospect):

6 Preston Place, Gourock (IC/02/49)   

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Decided:  that planning permission be granted subject to the opaque glass and trellis screening  being installed within 2 months, to protect the privacy of the adjacent properties at 5 Preston Place and 2a Tower Drive, Gourock, the time limit being imposed as the application is retrospective.

(i)

Mixed Use Development Including Mini Market, Cafe, Hot Food Take Away, Offices and Nursery:

Former Kip Lodge, Main Street, Inverkip (IC/01/360R)

Decided:  that planning permission be granted subject to the following conditions:-

(1)  that the development to which this permission relates must be begun within 5 years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(2)  that a visibility splay of 9.0 x 210 x 1.05m high shall be achieved and thereafter maintained at the junction of Main Street onto the A78 trunk road.  (For the avoidance of doubt the splays are the triangles of ground bound on 2 sides by the first 9m of the centreline of the access driveway (the set back dimension) in both directions from the intersection of the access with the trunk road. In a vertical plane, nothing shall obscure visibility measured from a driver’s eye height of between 0.26 and 1.05 m anywhere along the dimension);

(3)  that no development shall commence until full details of the design of the junction of Main Street with the A78 together with lighting details have been submitted to and approved by the Trunk Roads Authority in consultation with the Head of Planning Services.  (For the avoidance of doubt the layout shall be as described in the DOT’s Advice Note TA 41/95 (Vehicular Access to All-Purpose Trunk Roads) (as amended in Scotland) complying with layout 5.  The junction shall also be designed to DMRB standards for a Ghost Island Priority Junction relative to the existing speed limit of 60 mph on the A78 Trunk Road and provided at the applicant’s expense);

(4)  that prior to the commencement of development the applicant shall enter into a Minute of Agreement with the National Roads Directorate as Trunk Roads Authority in relation to the provision and timescale of the junction improvements as detailed at conditions (2) and (3) above, conditions (2), (3)  and (4) being imposed to minimise interference with the free flow of traffic on the trunk road and in the interests of road safety on the A78 and Main Street;

(5)  that a 2.0m wide footway shall be provided between the shop frontage and Langhouse Avenue, in the interests of pedestrian safety on Main Street;

(6)  that no development shall commence until samples of all external materials have been submitted to and approved by the Head of Planning Services in writing and the development shall thereafter be completed using the approved materials, to ensure the provision of materials compatible with those existing in Inverkip Conservation Area;

(7)  that no development shall commence until fully detailed landscaping proposals have been submitted to and approved by the Head of Planning Services in writing;

(8)  that the approved scheme of landscaping shall be implemented in the first planting season following completion of the development and any specimens that in the subsequent 5 years die, become diseased or are damaged shall be replaced in the next planting season with a similar specimen unless the Head of Planning Services give his prior written approval to any variation that may be sought, conditions (7) and (8) being imposed to ensure the provision of a quality landscape scheme; and

(9)  that the development shall not be brought into use until the parking layout detailed on docquetted drawing 187/01A has been completed, to minimise the impact on the free flow of traffic in the vicinity of the junction of the A78 and Main Street, Inverkip, in the interests of road safety.

(j)

Erection of Timber Decking (in Retrospect):

5 Shandwick Place, Inverkip (IC/02/031)

Decided:  that planning permission be refused for the following reasons:-

(1)  as the decking, by virtue of its position, size and design dominates the adjacent dwellinghouse, and rear garden area and the wider area to the rear of the applicant's dwellinghouse, and is therefore contrary to Policy DCc of the Inverclyde Local Plan; and

(2)  as the decking by virtue of its position, size and design unacceptably adversely affects the privacy of the adjacent dwellinghouse and rear garden at  3 Shandwick Place, Inverkip.

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Planning Appeal - Waterfront Retail Park, Greenock

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There was submitted a report dated 15 April 2002 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 3 October 2001 to refuse planning permission for the construction of a restaurant unit and associated car parking at the Waterfront Retail Park, Greenock (IC/01/47), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

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PLANNING APPEAL - THE NEW ROXBURGH BAR, 37 ROXBURGH STREET, GREENOCK

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There was submitted a report dated 15 April 2002 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 6 June 2001 to refuse planning permission for the formation of a family area at Trafalgar Street and extension of the existing patio at Roxburgh Street, Greenock (IC/01/111) and the subsequent appeal by the applicant to the Scottish Ministers against that refusal, the Reporter appointed by the Scottish Ministers had issued his decision which was to uphold the appeal subject to conditions.

Noted

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PLANNING APPEAL - 3 NEWTON STREET, GREENOCK

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There was submitted a report dated 17 April 2002 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 1 August 2001 to refuse planning permission for the installation of a satellite dish at 3 Newton Street, Greenock (IC/01/171) and the subsequent appeal by the applicant to the Scottish Ministers against that refusal, the Reporter appointed by the Scottish Ministers had issued his decision which was to uphold the appeal.

Noted

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PLANNING AND ENFORCEMENT NOTICE APPEALS - 10 ROBERTSON STREET, GREENOCK

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There was submitted a report dated 15 April 2002 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 1 August 2001 to refuse planning permission for the change of use of a store to a repair garage and depository with sub-let office space at 10 Robertson Street, Greenock (IC/01/157) and the subsequent appeals by the applicant to the Scottish Ministers against that refusal and the service of an enforcement notice seeking cessation of these uses and the use of the premises as a gymnasium, the Reporter appointed by the Scottish Ministers had issued his decision which was to dismiss both appeals but to vary the time limit for compliance with the enforcement notice.

Noted

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PLANNING APPEAL - BOTHYHILL, FARM ROAD, GOUROCK

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There was submitted a report dated 15 April 2002 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 5 September 2001 to refuse planning permission for the erection of 8 flats at Bothyhill, Farm Road, Gourock (IC/01/124) and the subsequent appeal by the applicant to the Scottish Ministers against that refusal, the Reporter appointed by the Scottish Ministers had issued her decision which was to dismiss the appeal.

Noted