Planning & Traffic Management Sub-Committee

Wednesday 4 February 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 granted 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)

Restaurant and Sales Area with Associated Service Access,

Service Yard, Staff Car Parking and Re-routed Farm Road:

Cardwell Garden Centre, Lunderston Bay, by Gourock (IC/03/332R)

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 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 with a similar specimen unless the Head of Planning Services gives his prior written approval to any variation that may be sought, to ensure the provision of a quality landscape screen and in the interests of visual amenity;

(3)   that the existing vehicular accesses to the former quarry shall be closed and the new service access created before the erection of the restaurant and sales area, and formation of the service yard, staff car parking and re-routing of the farm road take place, in the interests of road safety on Cloch Road;

(4)   that sewage discharge from the development shall comply with SEPA Policy 27A “Microbiological Standards and Design Criteria For Discharges To Shellfish Waters”, to protect SEPA’s interests in protecting shellfish waters;

(5)   that surface water shall be treated in accordance with the principles of the Sustainable Urban Drainage System Design Manual For Scotland & Northern Ireland;

(6)   that the storage/use of chemicals (fertilisers/pesticides) shall be carried out in accordance with the Pollution Prevention Guidelines (PPG) 9, prevention of pollution by pesticides, conditions (5) and (6) being imposed to prevent pollution and to comply with SEPA’s requirements;

(7)   that no development shall commence until a survey confirming the presence or otherwise, in the water course to be back filled, of otters, water voles or fish amphibians has been submitted to the Head of Planning Services in consultation with SEPA, to ensure that protected species are not adversely affected by the development;

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(8)   that no tree or shrub removal shall take place during the bird breeding season of March to June without the prior written approval of the Head of Planning Services, to protect birds during the breeding season; and Ò

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(9)   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.  Development shall thereafter proceed utilising the approved materials unless the Head of Planning Services gives his prior written approval to any variation that may be sought, to ensure a continuity of building materials and in the interests of visual amenity.

(b)

Change of Use from Sailmakers Workshop (Class 4) to

Joiners Workshop (Class 5):

43 Caledonia Crescent, Gourock (IC/03/445)

The report recommended that planning permission be refused as the introduction of a general industrial (Class 5) use into the residential area would generate levels of noise and activity to the detriment of the quality of residential amenity that is currently enjoyed and be contrary to (1) Policy Hn of the 1988 Inverclyde Local Plan which seeks to maintain the residential character of the area and (2) Policy H1 of the Inverclyde Local Plan, First Review, Final Draft 2002 which seeks to safeguard and, where practicable, enhance residential amenity.

Decided:  that consideration of the application be continued to allow the Head of Planning Services to have further discussion with the applicant regarding the proposed use of the premises.

(c)

Installation of French Doors:

55 Royal Street, Gourock (IC/03/452)

Decided:  that planning permission be granted.

(d)

Change of Use from Newsagents and General Store to

Hot Food Take Away, Newsagents and General Store:

29 - 31 Kempock Street, Gourock (IC/03/427)

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

(1)   as the proposed development is contrary to Policy Sb of the Inverclyde Local Plan, by reason of the proposed use of the premises as a hot food take away;

(2)   as the proposal, having been considered with reference to policy Sc of the Inverclyde Local Plan, is unacceptable by reason of the potential to generate noise and nuisance to the detriment of adjacent residential property; and

(3)   as the proposed development is regarded as unacceptable with respect to Policy Sc of the Inverclyde Local Plan and Policies R3 and R10 of the First Review, Final Draft of the Inverclyde Local Plan by reason of the generation of noise and the intensification of these existing problems.

(e)

Formation of Footway Crossover and Access for Occasional

Pedestrian and Vehicular Use and Fence and Gate (in retrospect):

Woodstock Road, Greenock (IC/03/337)

(Councillor Hunter entered the meeting during consideration of this item of business).

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

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(1)   that all of the works detailed in the docquetted drawings with the exception of the landscaping proposals shall be executed within 3 months of the date hereof;

(2)   that the approved scheme of landscaping shall be implemented within the first planting season following completion of the site works and any specimens that in the subsequent 5 years die, become diseased or are damaged in the next 5 years shall be replaced with a similar specimen unless the Head of Planning Services gives his prior written consent to any variation that may be sought, conditions (1) and (2) being imposed to secure a timeous resolution to the unauthorised deposition of demolition material on site;

(3)   that all surface water run off shall be intercepted before it reaches Woodstock Road, in the interests of road safety on Woodstock Road;

(4)   that prior to the commencement of work the applicant shall submit a method statement to the Head of Planning Services in respect of the prevention of material and/or pollutants entering the Hole Burn during the site works, works on site shall thereafter proceed in accordance with the approval method statement;

(5)  that fill material present on the western bank of the Hole Burn shall be removed within 3 months of the date of this planning permission, conditions (4) and (5) being imposed to prevent flooding in the interests of safety and to accord with the requirements of SNH;

(6)  that the infill material present on site shall be cleared of all pollutants including timber, metal and plastic before the access is formed, to prevent pollution of the Hole Burn and to comply with SNH's requirements;

(7)  that any exposed building rubble not comprising the link of the access shall be covered with topsoil, in the interests of visual amenity;

(8)  that topsoil is to be left to self seed.  Those areas failing to revegetate shall be reseeded with a wild flower and native grass mix.   Any invasive species e.g. Japanese Knotweed is to be removed, to facilitate the natural revegetation of the site;

(9)  that existing trees and shrubs are to be protected in accordance with BS5837 "Trees in Relation to Construction" prior to work commencing on site, in the interests of the protection of trees; and

(10)  that drainage channels shall be installed under the access: details of same being submitted for the prior written approval of the Head of Planning Services, to prevent the access being undermined.

(f)

Erection of 18 Metre Ultra Slim Monopole, 3 Antennas,

200 mm Diameter Dish, Radio Equipment Housing and

Ancillary Development:

Ian Phillips Motor Engineers, 179/181 Inverkip Road, Greenock (IC/03/435)

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 in the event that equipment becomes obsolete or redundant it must be removed and the site reinstated to the satisfaction of the Head of Planning Services within one month, to minimise the level of visual intrusion and ensure the reinstatement of the site to a satisfactory level;

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(3)   that development shall not be commenced until such time as it has been demonstrated to the satisfaction of the Head of Planning Services that the power line required to serve the proposed monopole shall be constructed underground with no electricity poles or other structures relating to the proposed power line linking the site being visible above ground at Inverkip Road;

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(4)   that the detailed specification of all the elements including associated equipment housing cabinets and cabling shall be approved by the Head of Planning Services prior to their construction and shall not be altered thereafter unless agreed in writing;

(5)   that no symbols, sign, logos or other lettering shall be displayed on any part of the structure or equipment housing cabinets without the prior written approval of the Head of Planning Services, except small signage necessary for operational reasons; and

(6)   that the site shall not be illuminated by lighting without the prior written approval of the Head of Planning Services, conditions (3) - (6) being imposed to minimise the level of visual intrusion and protect the quality and character of the street scene at Inverkip Road as far as practicable.

(g)

Change of Use from Post Office to Hot Food Carry Out:

44 Murdieston Street, Greenock (IC/03/47)

The Head of Planning Services referred to the letter dated 29 January 2004 submitted by the applicant's agent amending the opening hours to 9 pm which he advised addressed Planning Services' concerns.

Provost Rebecchi and Councillor Snoddy were present and with consent spoke on the matter.

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

(1)   as the proposed use would have a detrimental impact on the established amenity of the nearby residential properties by virtue of the potential generation of noise, disturbance and nuisance; and

(2)   as the proposed development would have an adverse impact on vehicular and pedestrian safety by reason of increased vehicular and pedestrian traffic and on street car parking at an already busy location.

(h)

Erection of Extension to Bulk Store, Canopy and Retaining Wall:

Tesco Supermarket, Dalrymple Street, Greenock (IC/03/433)

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 the net sales area of the existing supermarket shall not be increased, to accord with Policy R11 of the Inverclyde Local Plan First Review Final Draft 2002; and

(3)   that no development shall commence until samples of all external materials have been submitted for the prior written approval of the Head of Planning Services. Development shall thereafter proceed using the approved materials, unless the Head of Planning Services gives his prior written approval to any variation that may be sought, to accord with Policy R10 criteria (f) and (g) of the Inverclyde Local Plan First Review Final Draft and in the interests of visual amenity.

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(i)

Extension to Dwellinghouse:

34 Shankland Road, Greenock (IC/03/323)

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The report recommended that planning permission be refused as the proposals, by virtue of no off street car parking being provided, do not comply with Policy H8(f) of the Inverclyde Local Plan, First Review, Final Draft 2002, as amended September 2003.

Decided:  that consideration of the application be continued to allow the Head of Planning Services to have further discussion with the applicant regarding the provision of off street car parking.

(j)

Installation of Replacement Windows (in retrospect), 4 Velux Rooflights

and Formation of New Window:

Gowanlea, Lochwinnoch Road, Kilmacolm (IC/04/002)

Decided:  that planning permission be granted.

(k)

Erection of Dwellinghouse (Approval of Reserved Matters):

Florence Drive, Kilmacolm (IC/03/265R)

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

(1)   that the development to which this permission relates must be begun not later than 8 November 2006, to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(2)   that the approved scheme of landscaping shall be implemented in the first planting season following completion of the house 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 written  approval to any variation that may be sought;

(3)   that development of the site shall not begin until the exclusion zones identified in drawing MTLA/126/SK/3 of the approved Supporting Notes have protection by suitable fencing.  Details of this fencing shall be submitted for consideration by the Head of Planning Services and no work shall begin until the written approval of the Head of Planning Services is given;

(4)   that any trees or hedges identified for retention in Drawing 256-A2-04 which in the opinion of the Head of Planning Services are dying, severely damaged or diseased within 5 years of completion of the development, shall be replaced by trees or hedges of similar specification, conditions (2), (3) and (4) being imposed to ensure the continued provision of a quality landscape setting for the house;

(5)   that samples of materials to be used in the development shall be submitted for consideration by the Head of Planning Services and no work shall begin until the written approval of the Head of Planning Services has been given, to ensure that the external detailing of the house maintains the visual quality of the area; and

(6)   that the driveway shall have a porous surface, details of same being submitted for the prior written approval of the Head of Planning Services, to ensure the protection of existing and proposed planting.

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PLANNING APPEAL - 33 TOWER DRIVE, GOUROCK

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There was submitted a report dated 21 January 2004 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 6 August 2003 to refuse planning permission for the formation of a rear dormer extension and velux rooflights at 33 Tower Drive, Gourock (IC/03/207), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

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PLANNING APPEAL - 28A CLOCH ROAD, GOUROCK

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There was submitted a report dated 19 January 2004 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 7 January 2004 to refuse planning permission for the erection of a dwellinghouse in outline at 28A Cloch Road, Gourock (IC/03/403), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

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PROPOSED REDETERMINATION OF MEANS OF EXERCISE OF PUBLIC RIGHT OF

PASSAGE ORDER- VARIOUS ROADS, GREENOCK AND GOUROCK

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There was submitted a report dated 19 January 2004 by the Director of Legal & Support Services recommending the making of a Traffic Regulation Order to redesignate various roads within Greenock and Gourock for shared use by cycles and pedestrians.

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 redesignate various roads within Greenock and Gourock for shared use by cycles and pedestrians 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.