Planning & Traffic Management Committee

Wednesday 3 March 2004 at 3.00 pm

Present:  Councillors  Forbes, Fyfe, Hunter, Mitchell, Moran (for 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).

Apologies: Councillors McCormick (P) and Roach.    

With the exception of the decision marked "C" which is open for confirmation or otherwise, the following paragraphs are submitted for information only, having been dealt with under the powers delegated to the Committee.

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PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

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(a)

Extension to Dwellinghouse:

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

There was submitted a report by the Head of Planning Services on an application by Mr & Mrs McFetrich for extension to the dwellinghouse at 34 Shankland Road, Greenock (IC/03/323), consideration of which had been continued from the meeting held on 4 February 2004 to allow the Head of Planning Services to have further discussion with the applicants regarding the provision of off-street car parking.

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 a sample of the roof tile shall be submitted to and approved in writing by the Head of Planning Services.  Development thereafter shall be carried out using the approved materials or such alternatives as may be agreed in writing by the Head of Planning Services, to ensure that the roof tile is a suitable match for the existing roof;

(3)   that the boundary kerb detail should project a minimum of 50 mm above the adjacent ground to the rear to prevent eroded material and water spilling onto the parking area and ultimately onto the road.  A 225 x 125 mm standard road kerb is to be used;

(4)   that all water should be intercepted before it runs onto the public road;

(5)   that the applicant shall construct a standard footway crossover in accordance with the Council’s current Road Guidelines to take access to the parking area.  A flat topped kerb should be laid flush with the back of the footway to delineate the boundary between the public road and the parking bay;

(6)   that the parking bay shall be surfaced with impervious material to prevent washout onto the public road; and

(7)   that the soiled areas to the rear of the boundary kerb detail and drain shall be seeded with grass immediately the works are complete to prevent washout and erosion of this material, conditions (3)-(7) being imposed to ensure that works are implemented to a standard appropriate in the interest of the safety of users of the public road.

(b)

Change of Use from Sailmakers Workshop (Class 4) to Joiners Workshop (Class 5):

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

There was submitted a report dated 24 February 2004 by the Head of Planning Services on an application by MACH 3 Ltd for change of use from sailmakers workshop (Class 4) to joiners workshop (Class 5) at 43 Caledonia Crescent, Gourock (IC/03/445), consideration of which had been continued from the meeting held on 4 February 2004 pending the submission of further information.

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 is contrary to Policy Hn of the 1988 Inverclyde Local Plan which seeks to maintain the residential character of the area and Policy H1 of the Inverclyde Local Plan: First Review, Final Draft 2002 which seeks to safeguard and where practicable, enhance residential amenity.

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

(1)   that the use hereby permitted shall not operate outwith the hours of 8am and 6pm, to limit the potential impact of noise and activity on adjacent residents;

(2)   that the permitted development rights granted by the Use Classes (Scotland) Order 1997 are hereby removed and any proposed change of use from a joiners workshop to any other use permitted in terms of Class 5 of the Order will require to be the subject of a separate planning application in view of the otherwise potential serious adverse impact on residential amenity which may arise; and

(3)   that the use hereby permitted shall not start trading until appropriate measures are taken to satisfy the Head of Environmental and Consumer Services that a noise level of 45dBq in the nearest house shall not be exceeded between the hours of 8am and 6pm, to limit the potential impact of noise and activity on adjacent residents.

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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)

Erection of Dwellinghouse (in outline):

Craigielea, Quarrier’s Village, Bridge of Weir (IC/03/428)

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

(1)   as the proposed development is contrary to Strategic Policy 9 of the Glasgow and Clyde Valley Joint Structure Plan, Policies ENa and Hb of the Inverclyde Local Plan and Policy DS8 of the First Review, Final Draft of the Inverclyde Local Plan, in that it is a proposed dwellinghouse within the Green Belt; and

(2)   as the proposed dwellinghouse would adversely affect the amenity and setting of Craigielea through the introduction of a dwellinghouse and the removal of trees and garden ground.

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(b)

Erection of Two Detached Dwellinghouses and Garages (in outline):

Houston Road, Kilmacolm (IC/03/434)

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The Head of Planning Services advised that the reference in paragraph 4.4 of the report to 4,400m² should be 44,000m².

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

(1)   as the plot sizes, their impact on the pattern of development and the removal of trees are all unacceptable and, therefore, the proposed development is contrary to:-

(i)    Policy DCm of the Inverclyde Local Plan;

(ii)   Policies H1, H8 and HR10 of the First Review, Final Draft of the Inverclyde Local Plan; and

(iii)   the advice on preservation and enhancement of Conservation Areas in the Memorandum of Guidance on Listed Buildings and Conservation Areas; and

(2)   as the proposed development would set a precedent for similar such subdivision of the grounds of ‘The Corrie’ and adjacent properties.

(c)

New Build Residential Developments Comprising 24 and 58 Dwellings Respectively with 200% Parking (in outline):

Bay Street, Port Glasgow (IC/03/467 & IC/03/468)

Decided: 

(a)   that planning permission in respect of planning application IC/03/467 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:

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

(ii)   details of the access arrangements;

(iii)   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)-(3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(4)   that, notwithstanding the terms of condition (1) above, the building hereby permitted shall be designed in accordance with the following criteria:

(i)    it shall not project beyond the front building line of the adjacent Gourock Ropeworks building onto Bay Street;

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(ii)   it shall not exceed the height of the adjacent Gourock Ropeworks building;

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(iii)   it shall be positioned no closer than 25 metres from the nearest wall of the adjacent Gourock Ropeworks building;

(iv)  it shall be finished in materials that complement those used on the adjacent Gourock Ropeworks building;

(5)   that notwithstanding the terms of condition (1) above, street elevations of the proposed building relative to the adjacent Gourock Ropeworks building from long, medium and short distance views along Greenock Road (A8) shall be provided with any reserved matters application, conditions (4) and (5) being imposed to ensure the setting of the adjacent listed building is protected;

(6)   that no part of the development hereby permitted shall be commenced until trunk road modifications at the A8/Bay Street junction have been agreed and approved on detailed drawings to the satisfaction of the Planning Authority in consultation with the Scottish Executive Development Department - Road Network Management Division (SEDD-RNMMD).  These modifications shall include:

(i)    a traffic signal installation incorporating pedestrian facilities across Bay Street and linked to the existing traffic signals at Fore Street;

(ii)   the removal of the eastbound right-turn stacking facility into Bay Street by the widening of the central reserve on the A8 eastbound approach;

(iii)   the introduction of a splitter island on Bay Street designed to reinforce a right turn ban from A8 eastbound into Bay Street;

(iv)  a suitable system of road signing;

(7)   that no part of the development hereby permitted shall be occupied until trunk road modifications as per condition (6) above have been implemented to the satisfaction of the Planning Authority in consultation with SEDD-RNMMD;

(8)   that no part of the development shall be occupied until a legal no-right turn restriction on traffic entering the development from the trunk road in an eastbound direction has been promulgated;

(9)   that there shall be no direct vehicular access from the development hereby permitted to the trunk road;

(10) that the proposed modification to the Trunk Road network shall in all respects comply with the Design Manual for Roads and Bridgeworks (DMRB) and with the Specification for Highway works published by HMSO.  The developer shall issue a certificate to that effect signed by his design organisation, conditions (6)-(10) being imposed in the interests of trunk road flow and safety;

(11) that no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service and approved by the Head of Planning Services.  Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Head of Planning Services in agreement with the West of Scotland Archaeology Service, in the interests of antiquity;

(12) that before the development hereby permitted starts, the applicant shall reach agreement with Scottish Water over improvements necessary to connect to the public sewer network;

(13) that the development hereby permitted shall be subject to a sustainable Urban Drainage System, details of which shall be submitted as part of any reserved matters

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application for the approval of the Head of Planning Services in consultation with Scottish Water, conditions (12) and (13) being imposed to ensure that the public sewer network can accommodate the development;

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(14) that before construction work begins on the development hereby permitted a phasing plan incorporating the adjacent Grade A Gourock Ropeworks Listed Building shall be submitted to and approved in writing by the Head of Planning Services and that, for the avoidance of doubt, the phasing plan shall include the following elements:

(i)    that prior to construction work beginning on the development hereby permitted, the external repairs required in terms of condition (3) of planning permission IC/03/028R and condition (2) of Listed Building Consent LB/03/001R shall be completed; and

(ii)   that before the first of the residential units hereby permitted is occupied, the first of the flatted dwellings within the adjacent Grade A Gourock Ropeworks Listed Building shall be occupied;

to ensure the appropriate phased development of this and the adjacent Grade A Gourock Ropeworks Listed Building in the interests of securing the heritage value of the site; and

(b)   that planning permission in respect of planning application IC/03/468 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:

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

(ii)   details of the access arrangements;

(iii)   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)-(3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(4)   that, notwithstanding the terms of condition (1) above, the building hereby permitted shall be designed in accordance with the following criteria:

(i)    it shall not project beyond the front building line of the adjacent Gourock Ropeworks building onto Bay Street;

(ii)   it shall not exceed the height of the adjacent Gourock Ropeworks building;

(iii)   it shall be positioned no closer than 25 metres from the nearest wall of the adjacent Gourock Ropeworks building;

(iv)  it shall be finished in materials that complement those used on the adjacent Gourock Ropeworks building;

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(5)   that notwithstanding the terms of condition (1) above, street elevations of the proposed building relative to the adjacent Gourock „Ropeworks building from long, medium and short distance views along Greenock Road (A8) shall be provided with any reserved matters application, conditions (4) and (5) being imposed to ensure the setting of the adjacent listed building is protected;

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(6)   that no part of the development hereby permitted shall be commenced until trunk road modifications at the A8/Bay Street junction have been agreed and approved on detailed drawings to the satisfaction of the Planning Authority in consultation with the Scottish Executive Development Department - Road Network Management Division (SEDD-RNMMD).  These modifications shall include:

(i)    a traffic signal installation incorporating pedestrian facilities across Bay Street and linked to the existing traffic signals at Fore Street;

(ii)   the removal of the eastbound right-turn stacking facility into Bay Street by the widening of the central reserve on the A8 eastbound approach;

(iii)   the introduction of a splitter island on Bay Street designed to reinforce a right turn ban from A8 eastbound into Bay Street;

(iv)  a suitable system of road signing;

(7)   that no part of the development hereby permitted shall be occupied until trunk road modifications as per condition (6) above have been implemented to the satisfaction of the Planning Authority in consultation with SEDD-RNMMD;

(8)   that no part of the development shall be occupied until a legal no-right turn restriction on traffic entering the development from the trunk road in an eastbound direction has been promulgated;

(9)   that there shall be no direct vehicular access from the development hereby permitted to the trunk road;

(10) that the proposed modification to the Trunk Road network shall in all respects comply with the Design Manual for Roads and Bridgeworks (DMRB) and with the Specification for Highway works published by HMSO.  The developer shall issue a certificate to that effect signed by his design organisation, conditions (6)-(10) being imposed in the interests of trunk road flow and safety;

(11) that no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service and approved by the Head of Planning Services.  Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Head of Planning Services in agreement with the West of Scotland Archaeology Service, in the interests of antiquity;

(12) that before the development hereby permitted starts, the applicant shall reach agreement with Scottish Water over improvements necessary to connect to the public sewer network;

(13) that the development hereby permitted shall be subject to a sustainable Urban Drainage System, details of which shall be submitted as part of any reserved matters application for the approval of the Head of Planning Services in consultation with Scottish Water, conditions (12) and (13) being imposed to ensure that the public sewer network can accommodate the development; and

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(14) that before construction work begins on the development hereby permitted a phasing plan incorporating the adjacent Grade A Gourock Ropeworks Listed Building shall be submitted to and approved in writing by the Head of Planning Services and that, for the avoidance of doubt, the phasing plan shall include the following elements:J

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(i)    that prior to construction work beginning on the development hereby permitted, the external repairs required in terms of conditions (3) of planning permission IC/03/028R and condition (2) of Listed Building Consent LB/03/001R shall be completed; and

(ii)   that before the first of the residential units hereby permitted is occupied, the first of the flatted dwellings within the adjacent Grade A Gourock Ropeworks Listed Building shall be occupied;

to ensure the appropriate phased development of this and the adjacent Grade A Gourock Ropeworks Listed Building in the interests of securing the heritage value of the site.

(d)

Residential Development:

Ratho Street/East Hamilton Street, Greenock (IC/03/378R)

Decided:  that, subject to the applicant entering into a bond to cover the costs of the implementation of the proposed scheme of landscaping and play area, 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 no part of the development shall be commenced until trunk road modifications at the A8/Ratho Street junction have been agreed and approved on detailed drawings to the satisfaction of the Planning Authority in consultation with the Scottish Executive Trunk Road Network Management (SE TRNMD).  These modifications shall principally include a traffic signal installation incorporating pedestrian facilities, generally in accordance with Dougall Baillie Associates drawing number 04014/14/01 dated 28/01/04;

(3)   that no part of the development shall be occupied until trunk road modifications as per condition (1) have been implemented to the satisfaction of the Planning Authority in consultation with SE TRNMD;

(4)   that there shall be no direct vehicular access from the development to the A8(T), conditions (2), (3) and (4) being imposed in the interests of road safety on the A8 trunk road and to comply with the requirements of the National Roads Directorate;

(5)   that traffic calming shall be provided on the access road into the development prior to any of the flats and houses being occupied, details of same being submitted for the prior written approval of the Head of Planning Services in consultation with the Head of Transportation and Roads Service;

(6)   that off-street parking shall be provided for each phase of the development before it is occupied in accordance with docquetted drawing AL(003) Rev E, conditions (5) and (6) being imposed in the interests of road safety within the development;

(7)   that no development shall commence until the method for dealing with any contamination on the site together with details of new drainage infrastructure have been submitted for the approval of the Head of Planning Services in consultation with SEPA, to comply with the requirements of SEPA;

(8)   that noise generated by road and rail traffic shall not exceed LAeq (16 hours) 40dBa between the hours 07.00 to 23.00 in any of the approved flats and houses, to prevent noise nuisance to residents;

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(9)   that the approved scheme of landscaping and play area shall be completed in the first planting season following completion of the flats and 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 written approval to any variation that may be sought, to ensure the provision of a quality landscape and play area scheme;

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(10) 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 choice of materials appropriate for this key location as part of the regeneration of Inverclyde’s waterfront; and

(11) that no development shall commence until a building and landscaping illumination scheme has been submitted to and approved by the Head of Planning Services. The lighting scheme shall include a maintenance and operational regime. The approved scheme shall be operated and maintained in perpetuity, to conform with the Council's strategy for landscape and townscape improvements along the A8 corridor.

(e)

Erection of 47 Flats and Houses:

Former Water Treatment Works, 14 Prospecthill Street, Greenock (IC/03/457)

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

After discussion, Councillor Fyfe moved that planning permission be refused as the proposal is contrary to Policy H1 of the Inverclyde Local Plan First Review Final Draft 2002 in that, when considered in terms of the criteria in Policy H8, the proposal would adversely impact on the character and amenity of the existing residential area (i) due to increased traffic and an increase in on-street parking in an area which is already congested due to a lack of parking facilities and taking cognisance of the fact that the future occupiers of the properties may not be tenants of a housing association and that the proposed level of parking would then be insufficient in terms of the Council’s guidelines, (ii) as the design and layout of the buildings would have an adverse impact on amenity due to a loss of privacy of adjacent proprietors by reason of overlooking and (iii) as the development, due to the density of the proposed buildings, is inappropriate at this location and would have an adverse impact on the visual amenity currently enjoyed.

As an amendment, Councillor Mitchell moved that planning permission be granted subject to the conditions detailed in the report.  On a vote, 3 Members voted for the motion and 3 for the amendment.  There being equality in voting, the Convener exercised his casting vote in favour of the amendment which was declared carried.

Those Members who had voted in favour of the motion then requested in terms of the relevant Standing Order that the matter be referred to The Inverclyde Council for decision in terms of the motion.

C

Decided:

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

C

(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 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 written approval to any alternatives, to ensure the materials used are sympathetic to the built form of this part of Greenock;

(3)   that prior to the commencement of development the applicant shall submit for the approval of the Head of Planning Services in consultation with SEPA a risk assessment (as described in PAN 33) to determine if contaminants are or are likely to enter controlled waters;

(4)   that site investigation and (if necessary) remediation works shall be carried out to ensure that site conditions do not constitute contaminated land as defined under Part 11A of the Environmental Protection Act 1990;

(5)   that prior to the commencement of development the applicant shall submit for the approval of the Head of Planning Services in consultation with the Head of Environmental and Consumer Services an investigation of soil gas levels, including within the areas of existing structures to determine whether they are a possible contaminant source. In the event that contamination is found details of the method of remediation shall also be submitted for the prior approval of the Head of Planning Services in consultation with the Head of Environmental and Consumer Services, conditions (3), (4) & (5) being imposed to ensure that there are no adverse effects from ground contamination from the previous use of the site as a water treatment works;

(6)   that no development shall commence until full details of all planting have been submitted to and approved by the Head of Planning Services;

(7)   that the approved scheme of planting 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 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, conditions (6) and (7) being imposed to ensure a sustainable, quality landscape setting for the development;

(8)   that none of the flats and houses hereby approved shall be occupied until they have parking spaces constructed in accordance with docquetted site layout 1533-PL-02; and

(9)   that surface water shall be intercepted within the site and the vehicular access shall have a gradient not exceeding 10%, conditions (8) and (9) being imposed in the interests of road safety on Prospecthill Street and other roads surrounding the site;  and

(b)   that a report be submitted to the Environmental and Regeneration Committee on the Council’s current Roads Development Guide.

(f)

Erection of Conservatory:

14 Clyde Road, Gourock (IC/04/011)

Decided:  that planning permission be granted.

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PLANNING APPEAL - SMITHY BRAE, KILMACOLM

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There was submitted a report dated 17 February 2004 by the Head of Planning Services advising that following the decision of the Planning & Traffic Management Sub-Committee at the meeting held on 3 September 2003 to refuse the application for the erection of 2 dwellinghouses at Smithy Brae, Kilmacolm (IC/03/135R) 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 and to award two thirds of the expenses of the appeal to the appellant.

Noted

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PLANNING APPEAL - CLUNE BRAE FILLING STATION, KILMACOLM ROAD, PORT GLASGOW

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There was submitted a report dated 16 February 2004 by the Head of Planning Services advising that following the decision of the Planning & Traffic Management Sub-Committee at the meeting held on 3 September 2003 to refuse the application for change of use of filling station to a hot food take-away at Clune Brae, Port Glasgow (IC/03/257) 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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PLANNING APPEAL - 12 NEWTON STREET, GREENOCK

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There was submitted a report dated 18 February 2004 by the Head of Planning Services advising that following the decision of the Planning & Traffic Management Sub-Committee at the meeting held on 6 August 2003 to refuse the application for change of use from Post Office to a hot food take-away at 12 Newton Street, Greenock (IC/03/150) 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 APPEAL - TESCO, DALRYMPLE STREET, GREENOCK

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There was submitted a report dated 10 February 2004 by the Head of Planning Services advising that following the decision of the Planning & Traffic Management Sub-Committee at the meeting held on 3 September 2003 to refuse advertisement consent for the display of free standing signs at Tesco, Dalrymple Street, Greenock (CA/03/25) and the subsequent appeal against the refusal of advertisement consent, notification had been received that the applicant had withdrawn the appeal.

Noted