Planning & Traffic Management Sub-Committee

Wednesday 4 June 2003 at 3.00 pm

Present:  Councillors  Forbes, Fyfe, Hunter, McCormick (P), Roach and Stewart.

Chair:  Councillor Forbes presided.

In attendance:  Depute Chief Executive, Miss M McKnight (for Director of Legal & Support Services), Head of Planning Services and Head of Transportation & Roads Service.

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

425

PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

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(a)

Erection of Timber Deck (in retrospect):

Baronewood, 49 Castle Wemyss Drive, Wemyss Bay (IC/03/47)

There was submitted a report dated 29 April 2003 by the Head of Planning Services regarding an application in retrospect by Mr E S Forbes for the erection of a timber deck at Baronewood, 49 Castle Wemyss Drive, Wemyss Bay (IC/03/47), consideration of which had been continued from the meeting held on 2 April 2003 for a site visit.

Councillor Forbes declared an interest in this matter and took no part in its consideration or decision.  Councillor Forbes vacated the Chair and Councillor Fyfe took the Chair for this item.

Decided:  that planning permission be granted.

Councillor Forbes then resumed the Chair.

(b)

Erection of Dwellinghouse:

34 Carnoustie Avenue, Gourock (IC/02/76)

There was submitted a report dated 12 May 2003 by the Head of Planning Services regarding an application by Mrs I Hendry for the erection of a dwellinghouse at 34 Carnoustie Avenue, Gourock (IC/02/76), consideration of which had been continued from the meeting held on 5 June 2002 to afford the applicant’s architect an opportunity to improve the design of the proposed house.

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

(1)  as the proposed house is of unacceptable design, harmful to the quality of visual amenity established by the built form of this part of Gourock and contrary to the advice in the Scottish Executive’s Policy Statement For Scotland “Designing Places”; and

(2)  as the proposed driveway gradient of 23% would be injurious to road safety on Carnoustie Avenue, presenting a situation where there may be difficulty controlling a vehicle, particularly in poor weather and where visibility at the point of access to Carnoustie Avenue would be hazardous, to the detriment of road users.

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(c)

Erection of 6 Flats:

Whitefarland, 88 Octavia Terrace, Greenock (IC/02/369)

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There was submitted a report dated 26 May 2003 by the Head of Planning Services regarding an application by Ossian Construction Ltd for the erection of 6 flats at Whitefarland, 88 Octavia Terrace, Greenock (IC/02/369), consideration of which had been continued from the meeting held on 2 April 2003 for a site visit and to allow further discussion with Defence Estates regarding the terms of their objection.

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 development shall not begin until samples of materials to be used on external surfaces of the building have been submitted to and approved in writing by the Head of Planning Services;

(3)   that details of the design of the external doors, windows and balconies shall be submitted to and approved by the Head of Planning Services prior to work commencing on site, conditions (2) and (3) being imposed to ensure that the proposed materials are acceptable in the interests of visual amenity;

(4)   that access to the development shall take the form of a footway crossover constructed in accordance with the Council’s Roads Development Guide, to ensure the provision of adequate and safe vehicular access;

(5)   that development shall not begin until details of the scheme of hard and soft landscaping works have been submitted to and approved in writing by the Head of Planning Services, details of the scheme shall include:-

(i)    the design, location and height of new fencing;

(ii)   external finishes to the driveway/car parking area;

(iii)   soft landscaping works including the location of new trees, shrubs, hedges and grassed areas and a schedule of plants  comprising species, plant sizes and proposed density; and

(iv) programme for completion and subsequent maintenance; and

(6)   that all hard and soft landscaping works shall be carried out in accordance with the scheme approved in writing by the Head of Planning Services, conditions (5) and (6) being imposed to ensure the provision of an appropriate landscape scheme.

         (d)

Change of Use from Agricultural Land to Caravan Park and Erection of Chalets:

Parkhill Farm, Old Greenock Road, Port Glasgow (IC/03/007)

There was submitted a report dated 20 May 2003 by the Head of Planning Services regarding an application by Mr J Docherty for change of use from agricultural land to caravan park and erection of chalets at Parkhill Farm, Old Greenock Road, Port Glasgow (IC/03/007), consideration of which had been continued from the meeting held on 2 April 2003 for a site visit.

The report recommended that planning permission be refused as the proposed development would generate pedestrian traffic between the application site and Port Glasgow and the lack of lit footway, in accordance with the Council’s Roads Development Guide 1996, would prejudice pedestrian and vehicular safety.

Decided:  that subject to the applicant entering into an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 restricting the change of use to 3 chalets and 3 caravans and restricting the use of the chalets and caravans to persons associated with the use of the premises as a martial arts academy only, planning permission be granted.d

426

PLANNING APPLICATIONS

426

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)

Replacement of Part of Fence and Gates:

35 Leapmoor Drive, Wemyss Bay (IC/03/099)

Decided:  that planning permission be granted.

(b)

Erection of 31 Dwellinghouses:

off Mount Stuart Drive, Wemyss Bay (IC/01/112)

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

(1)  as the application site is located within the greenbelt, the proposal is contrary to policies ENa and Hb of the Inverclyde Local Plan and Strategic Policy 9 of the Glasgow and Clyde Valley Joint Structure Plan; and

(2)  as the release of the application site from Greenbelt and its subsequent development for residential purposes is premature in view of the Inverclyde Local Plan: First Review, Final Draft 2002 which at Policy SA5 requires the preparation of a Masterplan/ Development Brief for the Inverkip Power Station site and the future Public Inquiry to consider the Final Draft Plan.

(c)

Erection of Conservatory to Rear of Dwellinghouse:

24 Carron Road, Wemyss Bay (IC/03/098R)

Decided:  that planning permission be granted.

(d)

Change of Use of Funeral  Parlour to Driving Standards Agency Test Centre:

86 - 88 Kempock Street, Gourock (IC/03/069)

Decided:  that planning permission be granted.

(e)

Extension to Bagatelle Nursing Home:

Bagatelle, 47 Eldon Street, Greenock (IC/02/360 and LB/02/20)

Decided: 

(a)  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;

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(2)  that samples of full details of all facing materials to be used on the extension shall be submitted to and approved in writing by the Head of Planning Services before development starts, to ensure the external finishes to the extension match those of the adjoining listed building;

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(3)  that before the development hereby permitted starts, the applicant shall submit for the approval of the Head of Planning Services full details of a sustainable urban drainage system to be incorporated within the development, to control the drainage of water from the site; and

(4)  that before the development hereby permitted starts, the applicant shall submit and receive written permission for details of tree protection measures and shall implement these measures in full, to ensure retention of adjoining trees in the interests of amenity; and

(b)  that the listed building application be referred to Historic Scotland advising of the Council’s intention to grant listed building consent 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 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and

(2)  that samples of full details of all facing materials to be used on the extension shall be submitted to and approved in writing by the Head of Planning Services before developments starts, to ensure the external finishes to the extension match those of the adjoining listed building.

(f)

Change of Use and Alterations to Ground Floor/Basement Flat to Form 2 Flats:

136 Finnart Street, Greenock (IC/03/102)

Decided:  that planning permission be granted.

(g)

Erection of Mews Dwellinghouse:

Mews Lane (Rear of 84 Newark Street), Greenock (IC/03/93)

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

(1)  as by reason of its scale, the nature of its design, the relative under provision of garden ground and the resultant increase in density the proposed dwellinghouse would neither protect nor enhance the Conservation Area and is therefore:

(a)  contrary to Policies DCb and DCm of the Inverclyde Local Plan;

(b) contrary to Policies HR10, H14 and Planning Practice Advice Note 2 of the First Review, Final Draft of the Inverclyde Local Plan; and

(c)  not in accord with the advice in the Memorandum of Guidance on Listed Buildings and Conservation Areas; and

(2) as due to the limited width and lack of footways the development would prejudice pedestrian and vehicular safety on Mews Lane.

(h)

Erection of Flats (in outline):

19 Robertson Street/52 Finnart Street, Greenock (IC/03/061)

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

(1)  that this permission is granted under the provisions of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on an outline application and the further approval of the Council or of the Scottish Ministers on appeal shall be required with respect to the under mentioned matters hereby reserved before any development is commenced:-

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(a)  the siting, design and external appearance of any building to which the planning permission or the application relates;

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(b)  details of the access arrangements; and

(c)  details of landscaping of the site;

(2)  that in the case of the reserved matters as specified above application for approval must be made before:

(i)  the expiration of 3 years from the date of grant of outline permission: or

(ii) the expiration of 6 months from the date on which an earlier application for such approval was refused; or

(iii)  the expiration of 6 months from the date on which an appeal against such refusal was dismissed, whichever is the latest, and provided only one such application may be made in the case after the expiration of the three year period mentioned in sub-paragraph (i) above;

(3)  that the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within 2 years from the final approval of reserved matters, whichever is later, conditions (1), (2) and (3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(4) that any reserved matters application shall be accompanied by information demonstrating that the proposed residential development does not increase the loading on the tunnel immediately below the site and development shall not commence until such information has been approved in writing by the Head of Planning Services;

(5)  that before demolition of the buildings on the site commences a site investigation report compatible with BS 10175 “Investigation of potentially contaminated sites - code of practice” shall be submitted to and approved in writing by the Head of Planning Services;

(6)  that any remediation of the site as identified in the investigation of the site as approved under condition (5) shall be implemented to the satisfaction of the Head of Planning Services, conditions (4), (5) and (6) being imposed in the interests of the safety of future residents;

(7)  that notwithstanding the terms of  condition (1) above, the footway over the frontage of the site shall be made up where presently crossed by dropped kerbs before the first of the residential units hereby permitted is occupied, in the interests of pedestrian safety; and

(8)  that notwithstanding the terms of condition (1) above, the height of the flatted development hereby permitted shall not exceed the height of the adjacent properties at 50 Finnart Street, Greenock, in the interests of visual amenity and to accord with the established streetscape.

(i)

Refurbishment of Existing Dwellinghouse and Erection of New Dwellinghouse:

29/29a Kelly Street, Greenock (IC/03/051)

The report recommended that planning permission be refused for number of reasons.

Decided:  that consideration of the application be continued for a site visit to be arranged by the Director of Legal & Support Services in consultation with the Convener.

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(j)

Conversion/Alterations to Flat to Form 2 Flats:

44 Brisbane Street, Greenock (IC/03/105)

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Decided:  that planning permission be granted.

(k)

Erection of Retractable Aerial Mast (in retrospect):

11 Jamaica Street, Greenock (IC/03/033)

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

(1)  that in the event that the equipment becomes obsolete or redundant it must be removed and the roof area reinstated to the satisfaction of the Head of Planning Services within two months, to minimise the amount of plant on the roof and ensure reinstatement of the site to a satisfactory standard; and

(2)  that the aerial mast shall be used only as part of a back up radio control system and shall be retracted fully when not in use as such, to minimise the visual impact of the aerial while recognising the operating requirements of the premises.

(l)

Use of Land as Monthly Saturday Farmers’ Market:

Clyde Square, Greenock (IC/03/119)

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

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

(3)  that the setting up and dismantling of the market shall not take place outwith the hours of 6 am to 6 pm 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;

(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;

(6)  that all steps within the application site shall be kept clear of stalls, cover, 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.

(m)

Closure of Ker Street, Formation of Industrial Yard Space, Installation of Storage Tanks and Erection of Railings and Gates:

Ker Street, Greenock (IC/02/219R)

The report recommended that planning permission be refused  for a number of reasons.

The Depute Chief Executive advised the Sub-Committee of new information received from the applicant which required to be considered by officers.

426

Decided:  that consideration of the application be continued to allow officers to evaluate the new information received from the applicant.†

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(n)

Change of Use of Vacant Retail Premises to Hot Food Shop:

2/4 Brymner Street, Greenock (IC/03/073)

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 match in colour those already used on the building before the hot food shop is brought into use;

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

(4)  that development shall not begin until a scheme for protecting flats within the building from noise and odour associated with cooking and odour exhaustion has been submitted to and approved in writing by the Head of Planning Services and that the use hereby approved shall not commence until measures in the odour and noise prevention scheme operate to the satisfaction of the Head of Planning Services, to protect local residents from nuisance resulting due to the disposal of cooking odours.

(o)

Erection of Rear/Side Extension to Dwellinghouse:

38 Wellyard Way, Greenock (IC/03/084)

Decided:  that planning permission be granted.

(p)

Change of Use from Shops to Community Resource Centre:

5 - 13 John Wood Street, Port Glasgow (IC/03/123)

Decided:  that the application be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) Direction 1997 recommending that planning permission be granted subject to the following conditions:-

(1)  that the development hereby permitted should be commenced within 5 years from the date of this permission, to comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997; and

(2)  that before the development hereby permitted starts full details and samples of all materials to be used on the external elevations of the building shall be submitted to and approved by the Head of Planning Services, in the interests of the visual amenity of the area and continuity in the appearance of the building.

(q)

Erection of Garage:

Dunedin, Port Glasgow Road, Kilmacolm (IC/03/118)

The report recommended that planning permission be refused as the proposed development in so far as it would involve the formation of a new vehicular access to Port Glasgow Road, Kilmacolm would be prejudicial to road safety on a traffic distributor road.

Decided:  that consideration of the application be continued for further discussion with the applicant regarding the location of and access to and egress from the garage.

(r)

Erection of Extension to Dwellinghouse:

Cara, Broomknowe Road, Kilmacolm (IC/03/052R)

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

(1)  that the development hereby permitted should commence within 5 years from the date of this permission, to comply with Section 58(1) of the Town and Country Planning (Scotland) Act 1997; and

(2)  that the roof shall be covered in slate to match the roof of the existing dwellinghouse,

to ensure the design of the extension matches that of the house.

427

PLANNING APPEAL - 24/34 CARDWELL ROAD, GOUROCK

427

There was submitted a report dated 19 May 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 5 March 2003 to refuse planning permission for the erection of retail and residential development (8 flats) with associated car parking at 24/34 Cardwell Road, Gourock (IC/02/352), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

428

PLANNING APPEAL - RANKIN PARK, GREENOCK

428

There was submitted a report dated 20 May 2003 by the Head of Planning Services advising that following the decision of the Sub-Commitee at the meeting held on 5 March 2003 to refuse planning permission for a mixed use development comprising leisure, commercial and residential use in outline and a clubhouse, community facility and five-a-side pitches in detail at Rankin Park, Greenock (IC/02/186), an appeal against the refusal of planning permission had been made to the Scottish Ministers. 

Noted

429

PLANNING APPEAL - 18 NICOLSON STREET, GREENOCK

429

There was submitted a report dated 26 May 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 8 January 2003 to refuse planning permission for change of use of a coffee shop to a public house at 18 Nicolson Street, Greenock (IC/02/317), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

430

PLANNING APPEAL - FLORENCE DRIVE, KILMACOLM

430

There was submitted a report dated 22 May 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 2 April 2003 to refuse planning permission for the erection of a dwellinghouse at Florence Drive, Kilmacolm (IC/02/236R), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

The Head of Planning Services advised the Sub-Committee that the appeal was to be determined by means of a hearing.

Noted

431

PLANNING APPEAL - LEWIS ROAD, GREENOCK

431

There was submitted a report dated 15 May 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 2 October 2002 to refuse outline planning permission for the erection of 2 dwellinghouses at Lewis Road, Greenock (IC/02/267) 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 and grant outline planning permission subject to conditions.

Noted

432

PROPOSED TRAFFIC REGULATION ORDER - SIR MICHAEL STREET, GREENOCK

432

There was submitted a report dated 4 April 2003 by the Director of Legal & Support Services recommending the making of a Traffic Regulation Order to introduce no waiting and no loading at any time restrictions in Sir Michael Street, Greenock in the vicinity of the new pedestrian refuge islands at the junction with Tobago Street.

Decided:  that The Inverclyde Council be recommended to make a Resolution under the Road Traffic Regulation Act 1984 in relation to a Traffic Regulation Order to introduce no waiting and no loading at any time restrictions in Sir Michael Street, Greenock at the junction with Tobago Street and thereafter that it be remitted to the Head of Transportation & Roads Service and the Director of Legal & Support Services to arrange for implementation of the Order.