Planning & Traffic Management Sub-Committee

Wednesday 7 January 2004 at 3.00 pm

Present:  Councillors  Forbes, Fyfe, Hunter, 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 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.

1

PLANNING APPLICATIONS

1

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 New Care Facility (in outline):

Woodside Care, Quarriers Village, Bridge of Weir (IC/03/396)

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

(1)   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:-

(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; 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;

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 no 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 39 of the Town and Country Planning (Scotland) Act 1997; 

1

(4)   that 15 square metres of amenity/garden ground shall be provided per bedspace (combining the accommodation provided in the existing facility with the new build), and excluding car parking areas, to ensure that a reasonable level of amenity/garden ground is provided for existing and future residents; and

1

(5)   that 1 car parking space per 4 residents (combining the existing and new build facility) shall be provided on site, to ensure appropriate levels of car parking in accordance with the Council's Roads Development Guide.

(b)

Land Engineering Works Involving Infilling Quarry and

Landscaping of Site:

Houston Road, Kilmacolm (IC/03/339)

Decided:

(a)  that planning permission be granted subject to the following conditions:-

(1)   that the development to which this permission relates shall be completed before 30 April 2004, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997 and to ensure that the period of visual damage to the Conservation Area is kept to a minimum;

(2)   that should the two cherry trees in the area shaded in green on the approved plans die within five years of the date of this permission, they shall be replaced at the same location with two trees of the same species of a minimum height of 2 metres within the next planting season, in the interests of visual amenity and the privacy of the adjacent property;

(3)   that should any of the trees and shrubs hereby permitted die, become diseased, be removed or otherwise be lost to the site within 5 years of the date of planting, they shall be replaced within the next planting season with others of a similar size and species, in the interests of visual amenity and the integrity of the approved landscaping scheme; and

(b)   that it be remitted to the Head of Planning Services to submit a report to the Sub-Committee on retrospective planning applications.

(c)

Alteration and Erection of 2 Storey Extension and Garage

to Dwellinghouse:

Fidra, Gryffe Road, Kilmacolm (IC/03/313)

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 the proposed building materials are compatible with those existing.

(d)

Alterations to Form Roof Extension to Dwellinghouse:

Sunnyside Cottage, Port Glasgow Road, Kilmacolm (IC/03/416)

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

1

After discussion, Councillor Hunter moved that planning permission be granted subject to the condition that no development shall commence until details of the materials to be used have been submitted to and approved in writing by the Head of Planning Services, in the interests of the visual amenity of the area.   As an amendment, Councillor ›Fyfe moved that planning permission be refused for the reasons detailed in the report.   On a vote, 2 Members voted for the motion and 5 for the amendment which was detailed carried.

1

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

(1)   as the proposal is contrary to Policy DCc(iii) and (viii) of the Inverclyde Local Plan in that the design of the dormer and the roofing materials to be used are not in keeping with the general character of the area and the buildings contained within the area in terms of scale and design;

(2)   as the proposal is contrary to Policy H8(a) and (b) of the Inverclyde Local Plan: First Review, Final Draft 2002 in that the proposal is not compatible with the character of the area in terms of design and materials and would have an unacceptable visual impact on the site and its surroundings;

(3)   as the proposal does not accord with Planning Practice Advice Note 9 in that the roof alterations do not reflect the architectural style of the original building and the traditional style dormer would be lost; and

(4)   as the proposal is contrary to the Scottish Executive Publication “Designing Places - A Policy Statement for Scotland”, in that the proposal does not present an appropriate design solution.

(e)

Erection of 3 Dwellinghouses with Garages (in outline):

Former Quarry, Port Glasgow Road, Kilmacolm (IC/03/420)

The report recommended that planning permission be refused for a number of reasons. The Head of Planning Services advised the Sub-Committee that the reference to Policy DS1 of the Inverclyde Local Plan: First Review, Final Draft referred to in recommendation 5 should, in fact, be DS8.

After discussion, Councillor Hunter moved 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.   As an amendment, Councillor Fyfe moved that planning permission be refused for the reasons detailed in the report.   On a vote, 1 Member voted for the motion and 6 for the amendment which was declared carried.

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

(1)   as the proposal is contrary to Inverclyde Local Plan policy ENa as it is development in the Green Belt not necessary to meet rural needs, agriculture, recreation, forestry or landscape improvements;

(2)   as the proposal is contrary to the Inverclyde Local Plan policy Hb in that it is residential development in the Green Belt not in accordance with policy ENa of the Inverclyde Local Plan;

(3)   as the proposal is contrary to Strategic Policies 1 and 9 of the Glasgow and Clyde Valley Joint Structure Plan 2000 as

(a)  it would result in the spread of the built up area into the Green Belt;

(b)  it does not promote urban regeneration; and

(c)  it does not safeguard the Green Belt;

(4)   as the proposal is contrary to Policy DS1 of the Inverclyde Local Plan: First Review, Final Draft 2002 which encourages a sustainable development strategy of encouraging all new development on brownfield land (as defined in the Joint Structure Plan and Final Draft Local Plan), within the urban areas, existing towns and smaller settlements;

1

(5)   as the proposal is contrary to Policy DS8 of the Inverclyde Local Plan: First Review, Final Draft which presumes against development in the Green Belt.  Non-conforming proposals will only be considered favourably in exceptional circumstances and where the criteria for development in Policy ~DS10 can be satisfied;

1

(6)   as the proposal is contrary to Policy DS10 of the Inverclyde Local Plan: First Review, Final Draft in that this development in the Green Belt cannot be supported with reference to any of the following circumstances (i) agriculture/forestry need, (ii) recreation/leisure/tourism contribution, (iii) specific locational requirement, (iv) it does not form part of an establishment or institution standing in extensive grounds;

(7)   as the proposal is contrary to Policy H4 of the Inverclyde Local Plan: First Review, Final Draft which supports new housing in the Green Belt where it involves the replacement, conversion or subdivision of existing dwellinghouses, where there is an operational business need, where it involves the reuse or redevelopment of large redundant institutions, or where it is part of an integrated project with significant employment and/or economic benefit;

(8)   that with reference to the criteria identified in NPPG3 (Land For Housing) in the identification of housing land, the site is inappropriate for development as it would have an adverse impact on the existing landscape character and setting of Kilmacolm; and

(9)   as the proposed access onto Port Glasgow Road cannot achieve sightlines of 2.5x90x1.05m, to the detriment of road safety.

(f)

Amendment to House Positions and Access Arrangements on

Plot 4 (Variation to Planning Permission IC/03/054):

Plot 4, Hydro House, West Glen Road, Kilmacolm (IC/03/381)

Decided:

(a)   that planning permission be granted subject to the condition that notwithstanding the details shown on the approved plans this permission excludes all matters relating to hard and soft landscaping (including tree removal) and boundary treatments, in view of the fact that these matters are being dealt with under planning permission IC/00/92R in respect of the whole site; and

(b)   that it be remitted to the Head of Planning Services to write to Manor Kingdom Ltd on the concerns raised by the Sub-Committee regarding compliance with the timetable for reconstruction of the new dam and the potential consequences of a failure to so comply.

(g)

Erection of 6 Timber Chalets:

Auchenfoil Camp, Auchenfoil Road, Kilmacolm (IC/03/329)

Decided:  that, subject to the applicant entering into an agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 restricting the nature of the occupancy of the chalets to those attending the church camp, 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 the development hereby permitted begins, full details of the footpaths to be constructed within the application site shall be submitted to and approved in writing by the Head of Planning Services;

(3)   that the footpaths referred to in condition (2) above shall be surfaced before the first of the chalets hereby permitted is brought into use, conditions (2) and (3) being imposed In the interests of pedestrian safety;

1

(4)   that prior to the chalets hereby permitted being brought into use, septic tank and effluent disposal arrangements shall accord with current code of practice BS6297:1983, to the satisfaction of the Head of Planning Services in consultation with the Scottish Environment Protection Agency, to ensure the protection of adjacent watercourses; and

1

(5)   that prior to the chalets hereby permitted being brought into use, water treatment to the private water supply be upgraded to comply with the Private Water Supply (Scotland) Regulations 1992, in the interests of public health.

(h)

Formation of Disabled Access Ramp:

39 Princes Street, Port Glasgow (IC/03/432)

Decided:  that planning permission be refused as the proposal introduces a hazard in the footway to the detriment of public safety, with no alternative route being available past the obstruction and the width of the ramp being substandard.

(i)

Public House Refurbishment:

Monty's Bar, 19 Bay Street, Port Glasgow (IC/03/390)

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 work commencing details of the design of acoustic glazing for all ground floor and first floor windows shall be submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Environmental and Consumer Services and fully implemented prior to the refurbished premises/function room coming into use;

(3)  that prior to work commencing details of acoustic insulation to the building shall be submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Environmental and Consumer Services and fully implemented prior to the refurbished premises/function room coming into use;

(4)   that prior to work commencing details of an 'In-house' sound system shall be submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Environmental and Consumer Services and fully implemented prior to the refurbished premises/function room coming into use, conditions (2), (3) and (4) being imposed to protect the occupants of nearby housing from noise nuisance; and

(5)   that prior to work commencing full details of the kitchen extract ventilation system shall be submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Environmental and Consumer Services and fully implemented prior to the refurbished premises/function room coming into use, to protect local residents from nuisance resulting due to disposal of cooking odours.

(j)

Change of Use of Public Footway to Incorporate Outdoor

Seated Area to Public House:

The James Watt, Cathcart Street, Greenock (IC/03/398)

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

1

After discussion, Councillor Hunter moved that planning permission be granted subject to the following conditions: (1) that no music should be played outside the property; and (2) that all tables and chairs should be moved back inside the building by 8.30 pm each evening, conditions (1) and (2) being imposed to minimise noise and disturbance to residential properties in the area.   As an amendment, Councillor Ÿ‚Fyfe moved that planning permission be refused for the reasons detailed in the report.   On a vote, 1 Member voted for the motion and 6 for the amendment which was declared carried.

1

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

(1)   as the proposed development would result in the generation of noise by patrons to the detriment of the amenity of adjacent residents and this would be contrary to Policy R10 of the First Review, Final Draft of the Inverclyde Local Plan; and

(2)   as the proposed development could create potential overspill of patrons onto the adjacent footway causing an obstruction on the footway and potentially diverting passers-by onto the carriageway to the detriment of pedestrian and traffic safety.

(k)

Change of Use from Furniture Showroom to Public House:

205 Dalrymple Street, Greenock (IC/03/393)

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 planning permission is not hereby given for the internal layout shown on the approved plans, the location of the toilets will have to be adjusted to accord with the appropriate legislation;

(3)   that before the development hereby permitted is brought into use, full details of the extract ventilation system shall be submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Environmental and Consumer Services; and

(4)   that before the development hereby permitted is brought into use, the extract ventilation system approved by condition (3) above shall be implemented, conditions (3) and (4) being imposed to prevent noise nuisance in nearby residential properties.

(l)

Alterations and Change of Use of Basement to Form Flat:

24 Ardgowan Square, Greenock (IC/03/364)

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 all replacement windows shall be of a vertically sliding, timber frame construction with authentic astragals, all to match the existing windows; and

(3)   that elevational drawings and section drawings in respect of the proposed replacement windows and external door be submitted to and approved by the Head of Planning Services prior to work commencing on site, conditions (2) and (3) being imposed in the interests of the visual amenity of the immediate area and to ensure that the finishes are appropriate for a listed building in a Conservation Area.

(m)

Erection of 2 Storey Side Extension to Dwellinghouse:

26 Blair Gardens, Gourock (IC/03/419)

Decided:

(a)   that planning permission be granted; and

(b)   that it be remitted to the Head of Planning Services to review the Council's design guidance on house extensions and to submit a report thereon to the Sub-Committee for approval.

(n)

Erection of Dwellinghouse (in outline):

28A Cloch Road, Gourock (IC/03/403)

The report recommended that planning permission be refused as, due to the size and shape of the proposed house plot, the proposal is contrary to policy DCb of the Inverclyde Local Plan, policies H1, H8 and H14 of the Inverclyde Local Plan: First Review, Final Draft and Inverclyde Council's Planning Practice Advice Note 2 (Single Plot Residential Development). 

After discussion, Councillor Hunter moved that planning permission be granted subject to further approval being required in respect of the siting, design and external appearance of the house and of parking requirements.   As an amendment, Councillor Mitchell moved that planning permission be refused for the reason detailed in the report.   On a vote, 1 Member voted for the motion and 6 for the amendment which was declared carried.

Decided:  that planning permission be refused as, due to the size and shape of the proposed house plot, the proposal is contrary to policy DCb of the Inverclyde Local Plan, policies H1, H8 and H14 of the Inverclyde Local Plan: First Review, Final Draft and Inverclyde Council's Planning Practice Advice Note 2 (Single Plot Residential Development).

2

PLANNING APPEAL - WAR MEMORIAL CAR PARK, INVERKIP

2

There was submitted a report dated 10 December 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 siting of a mobile food outlet at the War Memorial Car Park, Inverkip (IC/03/229), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted