Planning & Traffic Management Sub-Committee

Wednesday 5 November 2003 at 3.00 pm

Present:  Councillors  Forbes, Fyfe, McCabe (for McCormick (P)), Mitchell, 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, Mr A Bruce (for Head of Transportation & Roads Service).

Apologies: Councillor McCormick (P).

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

812

PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

812

(a)

Formation of Vehicular Access into Storage Yard:

Lyle Street, Greenock (IC/03/263)

There was submitted a report dated 22 October 2003 by the Head of Planning Services on an application by W H Kirkwood Ltd for the formation of a vehicular access into the storage yard at Lyle Street, Greenock (IC/03/263), consideration of which had been continued from the meeting held on 1 October 2003 for a site visit.

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 the material to be used for the proposed gates 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; and

(3)  that the width of the proposed access be increased to a minimum of 6 metres and radii curves of a minimum of 6 metres be achieved at the proposed access to the site and access shall be taken via a footway crossover, all constructed in accordance with the Council's Roads Development Guidelines 1995, to ensure the provision of adequate vehicular access facilities.

(b)

Extension to Form 4 Additional Bedrooms with En-Suite Facilities:

Queens Residential Home, Ashburn Gate, Gourock (IC/03/278R)

There was submitted a report dated 27 October 2003 by the Head of Planning Services on an application by Rivendell Care Home for an extension to form 4 additional bedrooms with en-suite facilities at Queens Residential Home, Ashburn Gate, Gourock (IC/03/278R), consideration of which had been continued from the meeting held on 1 October 2003 to allow officers to evaluate new information received from the applicant.   The report advised that a revised proposal had been presented by the applicant, that the application had been ‚re-registered and that the report related to the new proposal.

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 before the extension hereby permitted is brought into use, full details of a landscaping scheme for the sensory garden area shall be submitted to and approved in writing by the Head of Planning Services, including details of maintenance arrangements; and

(3)  that before the extension hereby submitted is brought into use, the landscaping scheme approved in terms of condition (2) above shall be fully implemented, conditions (2) & (3) being imposed to ensure the provision and retention of an adequate landscaped garden area.

(c)

Erection of 4 Dwellinghouses:

Pacemuir Mill, Lochwinnoch Road, Kilmacolm (IC/03/016R)

There was submitted a report dated 22 October 2003 by the Head of Planning Services on an application by Charles Church Developments Ltd for the erection of 4 dwellinghouses at Pacemuir Mill, Lochwinnoch Road, Kilmacolm (IC/03/016R), consideration of which had been continued from the meeting held on 1 October 2003 to enable the evaluation of new information received from the applicant.   The report recommended that planning permission be granted subject to a number of conditions.

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

813

PLANNING APPLICATIONS

813

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

(a)

Installation of French Doors:

1 Wemyss Court, Leapmoor Drive, Wemyss Bay (IC/03/353)

Decided:  that planning permission be granted.

(b)

Erection of 68 Houses (Amendment to Planning Permission IC/02/182)

and Erection of 10 Houses:

Swallow Brae, Inverkip (IC/03/317)

Decided:  that, on conclusion of the necessary landscaping bond,  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 no development shall commence until samples of all external materials have been submitted to and approved by the Head of Planning Services, development shall thereafter proceed utilising the approved materials unless the Head of Planning Services gives his prior approval to any alternatives, to ensure the selection of materials compatible with existing development at Swallow Braeö; and

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(3)  that the approved scheme of landscaping shall be implemented in the first planting season following completion of the 78 houses 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 gives his prior approval to any variation that may be sought, to ensure a sustained quality landscape setting for the development.

(c)

Rear Extension to House:

17 McCallum Crescent, Gourock (IC/03/304R)

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; and

(2) that  no development shall commence until samples of all external materials have been submitted to and approved by the Head of Planning Services: development shall thereafter proceed utilising the approved materials unless the Head of Planning Services gives his prior approval to any variation that may be sought, to ensure a continuity of building materials in McCallum Crescent.

(d)

Elevational Variations and Addition of Car Ports over Parking Spaces and

Garden Stores (Variation to Planning Consent IC/02/113):

Bothyhill, Farm Road, Gourock (IC/03/334)

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

(1)  that no development shall commence until samples of the materials to be used in the construction of the car ports and garden store have been submitted to and approved by the Head of Planning Services: development shall thereafter proceed utilising the approved materials unless the Head of Planning Services gives his prior approval to any variation that may be sought, to ensure a choice of materials sympathetic to this part of Gourock; and

(2)  that within 28 days of the date hereof a revised landscaping scheme incorporating replacements for trees damaged in the site preparation works shall be submitted for the approval of the Head of Planning Services:  planting shall thereafter proceed in the first planting season following completion of the flats, to ensure a quality landscape setting for the development and to maintain the integrity of the Levan Wood T.P.O.

(e)

Siting of 2 Caravans for Temporary Accommodation for a Period of 12 Months:

Bothyhill, Farm Road, Gourock  (IC/03/360)

Decided:  that planning permission be granted subject to the condition that the 2 caravans hereby permitted shall be removed at the end of 12 months from the date hereof, due to the temporary nature of the caravans and to allow for the construction of the car parking area approved under planning permission IC/02/113.

813

(f)

Flatted Residential Development (in outline):

5/7 Argyle Street - 12/14 West Stewart Street, Greenock (IC/03/309)

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

This e  (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 undermentioned matters hereby reserved before any development is commenced:

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

(b) details of the access arrangements;

(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)  (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 car parking spaces within the site shall be provided on the basis of a minimum of one car parking space per flatted dwelling, to ensure the provision of adequate parking spaces;

(5)  that the site shall be developed to ensure the provision of a vehicular visibility splay of 4.5 metres by 90 metres by 1.05 metres high at the junction of Argyle Street with West Stewart Street, in the interests of traffic safety through ensuring adequate visibility at this junction; and

(6)  that notwithstanding the terms of condition (1) above, the development hereby permitted shall not exceed the highest part of the adjacent building at 1-3 Argyle Street, Greenock, in the interests of visual amenity.

(g)

Construction of Boarding Kennels:

Oakbank Cottage, Parkhill Farm, Old Greenock Road, Port Glasgow (IC/03/284)

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 prior to the boarding kennels hereby permitted being brought into use, a scheme for an impenetrable visual barrier around the area shaded in green on the approved plans shall be submitted to and approved in writing by the Head of Planning Services;

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(3)  that the structure approved in terms of condition (2) above shall be constructed or erected before the boarding kennels hereby permitted are brought into use, conditions (2) & (3) being imposed to minimise disØturbance to the dogs thereby helping to control noise levels from the kennels;

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(4)  that before the boarding kennels hereby permitted are brought into use, a scheme of noise insulation for the kennels shall be submitted to and approved in writing by the Head of Planning Services;

(5)  that the insulation scheme approved in terms of condition (4) above shall be implemented before the boarding kennels hereby permitted are brought into use, conditions (4) & (5) being imposed to help control noise levels from the kennels; and

(6)  that before the boarding kennels hereby permitted are brought into use, the vehicular access shall be finished in a hard sealed surface to a length of 5 metres from the edge of the carriageway, to prevent deleterious material being carried onto the highway.

(h)

Valet Workshop and Car Parking:

10 Ardgowan Street, Port Glasgow (IC/02/359)

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

(1)  as the proposal does not address adequately the increased requirements for the accommodation of associated vehicles within the premises and as such would exacerbate the current vehicular congestion and confrontation between road users at this location, all to the detriment of road safety; and

(2)  as the proposal, in so far as it fails to demonstrate that adequate provision can be made for associated vehicles within the boundaries of the premises, would constitute over-development of the site.

(i)

Change of Use from Sunbed Parlour to Use as Home Bakery:

24 Moss Road, Port Glasgow (IC/03/320)

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 use hereby permitted shall not operate between the hours of 6.00pm and 6.30am Monday to Saturday and not on Sundays;

(3)  that noise from production machinery and equipment within the premises shall be inaudible in the flat above, conditions (2) & (3) being imposed to protect occupants of nearby housing from noise/disturbance early in the morning;

(4)  that no deep fat fryers and/or oil fryers shall be installed within the premises; and

(5)  that the sale of hot food from the premises shall remain ancillary to the main use as a home bakery, conditions (4) & (5) being imposed to protect local residents from nuisance resulting from the disposal of cooking odours.

(j)

Erection of Conservatory:

11 School Wynd, Quarriers Village, Bridge of Weir (IC/03/358)

The report recommended that planning permission be granted. 

Councillor McCabe declared an interest in this matter and took no part in its consideration or decision. 

After discussion, Councillor Fyfe moved that planning permission be refused as the location of the conservatory would have an adverse impact on the amenity currently enjoyed by adjacent proprietors due to intrusion and overlooking.   As an ameqndment, Councillor Roach moved that planning permission be granted.   On a vote, 2 Members voted for the amendment and 3 for the motion which was declared carried.

Decided:  that planning permission be refused as the location of the conservatory would have an adverse impact on the amenity currently enjoyed by adjacent proprietors due to intrusion and overlooking.

814

SCOTTISH EXECUTIVE CONSULTATION ON APPLICATION BY AIRTRICITY DEVELOPMENTS LTD UNDER SECTION 36 OF THE ELECTRICITY ACT 1989 FOR 22 TURBINES AND ASSOCIATED INFRASTRUCTURE FOR A WIND FARM AT DEVOL MOOR, TO THE SOUTH OF PORT GLASGOW AND GREENOCK

814

There was submitted a report dated 22 October 2003 by the Head of Planning Services (1)  assessing an application by Airtricity Developments Ltd under Section 36 of the Electricity Act 1989 for 22 turbines and associated infrastructure for a Wind Farm at Devol Moor, to the South of Port Glasgow and Greenock which had been submitted to the Scottish Executive for determination and (2) recommending a response to the Scottish Executive.

Decided:  that the Council advise the Scottish Executive of its objection to the proposal on the grounds that:-

(1)  the proposal is contrary to Strategic Policy 1 of the Glasgow and Clyde Valley Joint Structure Plan in that it would have a significant adverse effect upon Clyde Muirshiel Regional Park as a Strategic Environmental Resource within the Green Belt and Policy ENa of the Inverclyde Local Plan in that it represents development within the Green Belt not necessary to meet rural needs, agriculture, recreation, forestry or landscape improvement;

(2)  the proposal is contrary to Strategic Policy 7 of the Glasgow and Clyde Valley Joint Structure Plan in that it would have a significant adverse effect upon Clyde Muirshiel Regional Park through damage to visual amenity, landscape character and ecological resources;

(3)  the proposal is contrary to Strategic Policy 8 of the Glasgow and Clyde Valley Joint Structure Plan in that it is not within a preferred area for wind farm developments;

(4)  the proposal is contrary to Strategic Policy 9 of the Glasgow and Clyde Valley Joint Structure Plan in that the location of the development is inappropriate in terms of the need to safeguard the environmental resource of Clyde Muirshiel Regional Park;

(5)  the proposal is contrary to Strategic Policy 10 of the Glasgow and Clyde Valley Joint Structure Plan in that departure from the Structure Plan is inappropriate to the protection and enhancement of the environmental resource of Clyde Muirshiel Regional Park;

(6)  the proposal is contrary to Policies DS8 and DS10 of the First Review, Final Draft of the Inverclyde Local Plan in that it represents development in the Green Belt and Countryside that cannot be justified as:

(a)  required for the purposes of agriculture and forestry

(b)  an appropriate recreation, leisure or tourism proposal for the countryside contributing to the social and economic development of the area

(c)  having a specific locational requirement for the use that cannot be accommodated on an alternative site

(d)  it adversely impacts on the landscape character

(e) it adversely affects the visual amenity of the area and is incapable of satisfactory mitigation

(f)  there is no need for additional land for development purposes on account of the requirements of the Structure Plan

(g)  it does not comply with all other relevant policies of the Local Plan;

(7)   the proposal is contrary to Policy DS11 of the First Review Final Draft of the Inverclyde Local Plan in that it will not safeguard Clyde Muirshiel Regional Park, with reference to Draft Policies DS8 and DS10;

(8)   the proposal is contrary to Policy UT2 of the First Review Final Draft of the Inverclyde Local Plan in that it will have an unacceptable impact on residential amenity, Inverclyde's built heritage and natural environmental resources and the landscape and it could have an unacceptable associated noise impact; and

(9)   the proposal is contrary to Policy UT7 of the First Review Final Draft of the Inverclyde Local Plan in that it will have an unacceptable impact on the natural environment and built heritage of the locality; the landscape, particularly when viewed from major transport corridors; residential amenity; tourism and leisure resources, particularly as it is within Clyde Muirshiel Regional Park; and, potentially, the operation of aircraft.

815

PLANNING APPEAL - CLUNE BRAE, PORT GLASGOW

815

There was submitted a report dated 27 October 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 3 September 2003 to refuse planning permission for the change of use of the former filling station at Clune Brae, Port Glasgow to a hot food take-away (IC/03/257), an appeal against the refusal of planning permission had been made to  the Scottish Ministers.

Noted

816

PLANNING APPEAL - SMITHY BRAE, KILMACOLM

816

There was submitted a report dated 22 October 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 3 September 2003 to refuse planning permission for the erection of 2 dwellinghouses at Smithy Brae, Kilmacolm (IC/03/135R), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

817

PLANNING APPEAL - FLORENCE DRIVE, KILMACOLM

817

There was submitted a report dated 27 October 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 the application for the erection of a dwellinghouse at Florence Drive, Kilmacolm (IC/02/236R) and 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 dismiss the appeal. 

Noted