Planning & Traffic Management Sub-Committee

Wednesday 3 September 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 Mr A Bruce (for 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.

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PLANNING APPLICATION

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There was submitted a report dated 25 August 2003 by the Head of Planning Services regarding an application by Mr P Wright for the erection of a dwellinghouse at Tandlehill, Barclaven Road, Kilmacolm (IC/02/376).   The report recommended that planning permission be refused for a number of reasons.

It was noted that further correspondence had been received from the applicant's agent requesting continuation of the application to allow the applicant to consult with Transportation & Roads Service regarding access to the site.

Decided:  that consideration of the application be continued to allow the applicant to consult with Transportation & Roads Service regarding the access to the site.

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PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

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(a)

Strengthening of Sea Wall by Construction of Rock Armoured Revetment:

Gourock Station, Gourock (IC/03/140)

There was submitted a report dated 26 August 2003 by the Head of Planning Services regarding an application by Network Rail (Infrastructure) Ltd for strengthening of the sea wall by construction of a rock armoured revetment at Gourock Station, Gourock (IC/03/140), consideration of which had been continued from the meeting held on 6 August 2003 for a site visit.

The report recommended that planning permission be granted subject to a number of conditions.

Decided:  that planning permission be refused as the nature, colour, design and size of the proposed works will have a severely detrimental effect on the visual amenity currently enjoyed at this location.

(b)

Construction of 17 Flats (13 Mainstream and 4 Special Needs):

11-13 Patrick Street, Greenock (IC/03/101)

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There was submitted a report dated 26 August 2003 by the Head of Planning Services regarding an application by Mr A Harwood for the construction of 17 flats (13 mainstream and 4 special needs) at 11-13 Patrick Street, Greenock (IC/03/101), consideration of which had been continued from the meeting held on 6 August 2003 for a site visit and clarification of the site  boundary.

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Decided:  that, subject to the applicant entering into an Agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 restricting occupancy of 4 of the flatted dwellings to those with special needs, 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 before development starts, samples of all facing materials shall be submitted to and approved in writing by the Head of Planning Services, to ensure the proposed materials are acceptable in the interests of visual amenity;

(3)   that before the first of the flatted dwellings hereby permitted is occupied, all car parking and manoeuvring areas shown on the approved plans shall be surfaced to sealed base course level and be clearly marked out on the site;

(4)   that before the last of the flatted dwellings hereby permitted is occupied, all car parking and manoeuvring areas shown on the approved plans shall be surfaced to final wearing course level and be clearly marked out on the site, conditions (3) & (4) being imposed to ensure the provision of adequate parking facilities and to ensure deleterious materials are not carried onto the highway;

(5)   that before the development hereby permitted begins, full details of the scheme of soft landscaping shall be submitted to and approved in writing by the Head of Planning Services;

(6)   that all soft landscaping approved in terms of condition (5) above shall be completed within one year of the end of construction of the flatted dwellings hereby permitted and any plants that die, are removed, damaged or become diseased within five years of completion of construction shall be replaced within the following year with others of a similar size and species, conditions (5) & (6) being imposed to ensure the provision and retention of adequate soft landscaping; 

(7)   that the footway over the frontage of the site shall be made up where presently crossed by dropped kerbs before the first of the flatted dwellings hereby permitted is occupied, to ensure the provision of safe pedestrian footways;

(8)   that access to the site shall be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide, to ensure the provision of adequate vehicular access facilities;

(9)   that a surface water run-off intercept shall be fitted within the development site before the first of the flatted dwellings hereby permitted is occupied, to ensure the provision of safe pedestrian footways;

(10) that the entrance gradient to the site shall not exceed 10%, to ensure the provision of adequate vehicular access facilities;

(11) that before construction starts on the building hereby permitted, 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; and

(12) that any remediation of the site identified in the investigation of the site as approved under condition (11) above shall be implemented to the satisfaction of the Head of Planning Services before the first of the flatted dwellings hereby permitted is occupied, conditions (11) & (12) being imposed in the interests of the safety of future residents.

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(c)

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)

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There was submitted a report dated 20 August 2003 by the Head of Planning Services regarding an application by Devol Engineering for the closure of Ker Street, formation of industrial yard space, installation of storage tanks and erection of railings and gates at Ker Street, Greenock (IC/02/219R), consideration of which had been continued from the meeting held on 4 June 2003 to allow officers to evaluate new information received from the applicant.

The report advised that correspondence had now been received from the applicant's agent requesting withdrawal of the application.

Decided:  that the withdrawal of the application be noted.

(d)

Erection of 36 Flatted Dwellings:

67-77 Wellington Street, Greenock (IC/03/170)

There was submitted a report dated 21 August 2003 by the Head of Planning Services regarding an application by Ecos Construction for the erection of 36 flatted dwellings at 67 - 77 Wellington Street, Greenock (IC/03/170), consideration of which had been continued from the meeting held on 6 August 2003 for a site visit and consideration of additional information on the density of the development and ground conditions.

Decided:  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 of the Town and Country Planning (Scotland) Act 1997;

(2)   that before the development hereby permitted starts, full details and samples of all materials to be used on the elevations of the buildings and full details of the proposed boundary treatments shall be submitted to and approved by the Head of Planning Services, to ensure the proposed materials are acceptable in the interests of visual amenity;

(3)  that before the development hereby permitted begins, full details of hard and soft landscaping works shall be submitted to and approved in writing by the Head of Planning Services, details of the scheme shall include:-

(i)    existing and finished ground levels in relation to a fixed datum, preferably ordnance;

(ii)  a programme for the completion and subsequent maintenance of soft landscape works;  

(4)   that any planting implemented as part of the approved landscaping scheme which in the opinion of the Head of Planning Services is dying, severely damaged or diseased within 5 years of planting shall be replaced by species of similar specification to those originally planted, conditions (3) and (4) being imposed to ensure the provision and retention of adequate landscaping;

(5)   that before the first of the flatted dwellings hereby permitted is occupied, all car parking and manoeuvring areas shown on the approved plans shall be surfaced to sealed base course level and be clearly marked on site;

(6)   that before the last of the flatted dwellings hereby permitted is occupied, all car parking and manoeuvring areas shown on the approved plans shall be surfaced to final wearing course level and be clearly marked out on site, conditions (5) & (6) being imposed to ensure the provision of adequate parking facilities and to ensure deleterious materials are not carried on to the highway; and

(7)   that access shall be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide, to ensure the provision of adequate vehicular access facilities.

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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)

Siting of Mobile Food Outlet:

War Memorial Car Park, Inverkip (IC/03/229)

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

(1)  as the semi-permanent parking of a mobile hot food outlet with associated levels of activity and litter generation would be harmful to the quality of environment which visitors to the locality enjoy at the landscaped car park with its high quality views over the Clyde; and

(2)  as the proposal conflicts with Local Plan policy ENa which restricts Greenbelt development to development necessary to meet rural needs, agriculture, recreation, forestry or landscape improvements.

(b)

Alteration and Extension to Dwellinghouse:

11 Fir Terrace, Gourock (IC/03/246)

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; and

(2)  that prior to the extension coming into occupation, two off street car parking spaces shall be provided to the satisfaction of the Head of Planning Services, to ensure appropriate off road parking provision in the interests of road safety.

(c)

Construction of Decking at Rear of Property (in retrospect):

126c Newton Street, Greenock (IC/03/264)

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

(1)   that within four weeks of the date of this permission the applicant shall provide full details of a 1.8 metre high visually impenetrable screen fence (as measured from the level of the decking platform) in the position marked in blue on the approved plan, to be approved in writing by the Head of Planning Services; and

(2)   that the barrier approved in terms of condition (1) above shall be erected within 4 weeks of the date of such approval, conditions (1) & (2) being imposed in the interests of the privacy of the neighbouring residents.

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(d)

Erection of Rear Extension to Dwellinghouse:

1 Newton Terrace, Greenock (IC/03/239)

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Decided:  that planning permission be granted.

(e)

Change of Use of Rear Yard to Form Beer Garden:

Connelly's Bar, 23 Nicolson Street, Greenock (IC/03/219)

The report recommended that planning permission be refused as the proposed beer garden and new doors to the public house would generate noise and activity in close proximity to the elderly persons housing at Westburn Buildings, to the severe detriment of the quality of residential amenity that is currently enjoyed.

After discussion, Councillor Hunter moved that planning permission be granted subject to the condition that the beer garden will not be open between the hours of 7pm and 11am the following morning and that no music shall be audible in adjacent houses during the hours of operation, in the interests of residential amenity.   As an amendment, Councillor Roach moved that planning permission be refused for the reason detailed in the report.   On a vote, 2 Members voted for the motion and 4 for the amendment which was declared carried.

Decided:  that planning permission be refused as the proposed beer garden and new doors to the public house would generate noise and activity in close proximity to the elderly persons housing at Westburn Buildings, to the severe detriment of the quality of residential amenity that is currently enjoyed.

(f)

Change of Use of First Floor Lounge Bar to Staff Flat:

12/14 West Stewart Street, Greenock (IC/03/221)

Decided:  that, subject to the applicant entering into an Agreement under Section 75 of the Town & Country Planning (Scotland) Act 1997 restricting occupancy to staff employed at the bar premises, planning permission be granted.

(g)

Proposed Alterations to Former Bank Creating New Hair Salon and Health Spa:

Former Clydesdale Bank Buildings, Cathcart Street, Greenock (IC/03/172 & LB/03/008)

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 5 years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(2)   that the extract ventilation system shall not be operated between the hours of 2200-0900 on any day and shall be inaudible in any dwelling with windows closed, to prevent noise nuisance to residents; and

(b)  that listed building consent 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 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and

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(2)   that no development shall commence until larger scale section and elevation drawings of the new signage, incorporating a specification of the method of attachment, have been submitted to and approved by the Head of Planning Services, to maintain the integrity of the design of the Grade B listed building.Ë

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(h)

Proposed Change of Use of Shop (Class 1) to Business Use (Class 2):

85 Cathcart Street, Greenock (IC/03/262)

The report recommended that planning permission be granted.

After discussion, Councillor Stewart moved that planning permission be refused as the proposal is contrary to policy Sb of the Local Plan which presumes against a change of use from shops to offices and as the proposal would be detrimental to the continued retail viability of Cathcart Street.   As an amendment, Councillor Fyfe moved that planning permission be granted.   On a vote, 2 Members voted for the motion and 4 for the amendment which was declared carried. 

Decided:  that planning permission be granted. 

(i)

Provision of Balcony from First Floor Lounge:

21 Finneston Way, Greenock (IC/03/218)

Decided:  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 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 shall be submitted to and approved in writing by the Head of Planning Services, to ensure the proposed materials are acceptable in the interests of visual amenity.

(j)

Erection of Conservatory:

95 Langside Terrace, Port Glasgow (IC/03/286)

Decided:  that planning permission be granted.

(k)

Change of Use of Filling Station to Hot Food Take Away:

Clune Brae, Port Glasgow (IC/03/257)

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

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

(1)   that as required by policy Sc of the Inverclyde Local Plan, the proposal has been assessed in terms of traffic, nuisance and amenity implications and is considered to have an adverse impact on nearby residential amenity by virtue of noise and activity; and

(2)   that the proposal, by virtue of noise and activity, will have a detrimental impact on residential amenity, and as such is contrary to policies H1 and H8 of the Inverclyde Local Plan: First Review, Final Draft.

(l)

Erection of 2 Dwellinghouses:

Smithy Brae, Kilmacolm  (IC/03/135R)

The report recommended that planning permission be granted subject to a number of conditions.

After discussion, Councillor Fyfe moved that planning permission be refused for the following reasons: (1) as the proposed access and proximity qof the site to a busy junction would have an adverse impact on road safety; (2) as the proposal could result in potential overdevelopment on the site; and (3) as the design of the dwellinghouses and proposed materials would be incompatible with the character and amenity of the area and would have an adverse impact on the visual amenity currently enjoyed at this location.   As an amendment, Councillor McCormick moved that planning permission be granted subject to the conditions detailed in the report.   On a vote, 1 Member voted for the amendment and 5 for the  motion which was declared carried.

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

(1) as the proposed access and proximity of the site to a busy junction would have an adverse impact on road safety;

(2) as the proposal could result in potential overdevelopment on the site; and

(3) as the design of the dwellinghouses and proposed materials would be incompatible with the character and amenity of the area and would have an adverse impact on the visual amenity currently enjoyed at this location. 

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ADVERTISEMENT APPLICATION

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There was submitted a report dated 25 August 2003 by the Head of Planning Services on an application for the display of freestanding signs at Tesco, Dalrymple Street, Greenock (CA/03/25).

Decided:  that advertisement consent be refused for the following reasons:-

(1)   as the proposed signs would create advertisement clutter, detrimental to the designed regime of signage at the supermarket and the quality of visual amenity that is currently enjoyed;

(2)   as Sign No.1 would encourage vehicles to stop, blocking the main car park entrance and resulting in tail backs into Container Way to the detriment of road safety; and

(3)   as Sign No.2 would distract drivers' attention at a designated crossing point and would be prejudicial to road safety at the crossing point and junction.

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PLANNING APPEAL - NICOLSON STREET, GREENOCK

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There was submitted a report dated 19 August 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 planning permission for the change of use of a coffee shop to a public house at 18 Nicolson Street, Greenock (IC/02/317) 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 planning permission subject to conditions.

Noted

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ADVERTISEMENT APPLICATION

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There was submitted a report dated 20 August 2003 by the Head of Planning Services on an application for the display of a non illuminated pole mounted sign at Inverkip Bowling Club, Main Road, Inverkip (CA/03/17).

The report recommended that advertisement consent be refused for a number of reasons.

Decided:  that consideration of the application be continued to allow the Sub-Committee to consider additional information provided by the applicant in respect of the application.