Planning & Traffic Management Sub-Committee

Wednesday 2 April 2003 at 3.00 pm

Present:  Councillors Blair, Calvert, Campbell, McCormick, McGhee and Morrison (M).

Chair:  Councillor McGhee 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:  Councillor Robertson (Y).

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

314

PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

314

(a)

Erection of Dwellinghouse:

Florence Drive, Kilmacolm (IC/02/236R)

There was submitted a report dated 20 March 2003 by the Head of Planning Services regarding an application by Mr & Mrs Sheffield for the erection of a dwellinghouse at Florence Drive, Kilmacolm (IC/02/236R), consideration of which had been continued from the meeting held on 5 March 2003 to allow Members of the Sub-Committee the opportunity to consider all the representations received in response to the application, including those circulated at that meeting.

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

After discussion, Councillor McGhee moved that planning permission be granted subject to the conditions detailed in the report.  As an amendment, Councillor Campbell moved that planning permission be refused as the proposal would have an adverse impact on the amenity of the surrounding area as (i) the scale of the proposed dwellinghouse would be out of character with that of adjacent dwellinghouses and (ii) as the position of the dwellinghouse on the site would have an adverse impact on visual amenity as the proposed dwellinghouse would not be adequately screened from Florence Drive.  On a vote, 2 Members voted for the motion and 4 for the amendment which was declared carried.

Decided:  that planning permission be refused as the proposal would have an adverse impact on the amenity of the surrounding area (i) as the scale of the proposed dwellinghouse would be out of character with that of adjacent dwellinghouses and (ii) as the position of the dwellinghouse on the site would have an adverse impact on visual amenity as the proposed dwellinghouse would not be adequately screened from Florence Drive.

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(b)

Installation of Slimline Street Works Monopole with Tri-Sector Antenna and Equipment Cabinets:

Woodhall Terrace, Port Glasgow (IC/02/243R)

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There was submitted a report dated 19 March 2003 by the Head of Planning Services regarding an application by T-Mobile UK Ltd for the installation of a slimline street works monopole with tri-sector antenna and equipment cabinets at Woodhall Terrace, Port Glasgow (IC/02/243R), consideration of which had been continued from the meeting held on 6 November 2002.

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

After discussion, Councillor McGhee moved that planning permission be granted subject to the conditions detailed in the report.  As an amendment, Councillor Morrison (M) moved that planning permission be refused in view of the potential adverse impact of the proposal on the safety of rail passengers as a result of the potential effects of electromagnetic radiation on railway operational signalling and telecommunication systems.  On a vote, 1 Member voted for the amendment and 5 for the motion which was declared carried.

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 of 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 to ensure the reinstatement of the site to a satisfactory level;

(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 streetworks monopole shall be constructed underground with no electricity poles or other structures relating to the proposed power line linking to the site being visible above ground at Woodhall Terrace;

(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, signs, 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;

(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 Woodhall Terrace as far as practicable;

(7)   that the column shall be fitted with an automatic cut out, to prevent the general public being exposed to any microwave or electrical danger in the event of the column being struck and knocked down; and

(8)   that notwithstanding the details shown on drawing number JB/G/001 a detailed layout plan shall be submitted to and approved by the Head of Planning Services in writing indicating a 2 metre clearance between the edge of the carriageway and the proposed streetworks monopole and equipment cabinets, to ensure appropriate clearance on the public footpath for pedestrian passage.

315

PLANNING APPLICATIONS

315

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)

Alterations and Extensions to Buildings to form Dwellinghouse:

Duchal Mains, Lochwinnoch Road, Kilmacolm (IC/03/013)

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 of 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, samples of the facing materials to be used shall be submitted to and approved in writing by the Head of Planning Services;

(3)  that the windows to be used on the dwellinghouse hereby permitted shall match the colour and design of those used on the adjacent dwellinghouse; and

(4)  that the wall to the south west of the dwellinghouse hereby permitted shall be finished to match the colour and texture of the external walls of the dwellinghouse hereby permitted, conditions (2), (3) and (4) being imposed in the interests of visual amenity and to preserve the character of the original building.

(b)

Erection of Dwellinghouse:

Woodfield, Bridge of Weir Road, Kilmacolm (IC/02/379)

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

(1)  as the proposal would not be compatible with the character and amenity of the immediate area by reason of the plot size, plot width, plot coverage and proximity to ‘Orchards’ and would therefore be contrary to Local Plan Policy Hn and Policies H1, H8 (a) and (b) of the Inverclyde Local Plan, First Review: Final Draft 2002;

(2)  as the proposed dwellinghouse does not satisfy the criteria as laid down in Planning Advice Note No.2 "Single Plot Residential Development" with regard to plot size and plot coverage; and

(3)  as the visual impact of the proposed dwellinghouse would be to the detriment of the established streetscape due to the proposed ridge height of the dwellinghouse and the distances between the proposed dwellinghouses ‘Woodfield’ and ‘Orchards’.

(c)

Erection of 2 Storey Extension to Dwellinghouse:

42 Belmont Road, Kilmacolm (IC/03/046)

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

After discussion, Councillor McGhee moved that planning permission be granted subject to the conditions detailed in the report.  As an amendment, Councillor Calvert moved that planning permission be refused as the proposal would adversely impact on the amenity currently enjoyed by adjacent residential properties as a result of loss of privacy.  On a vote, 2 Members voted for the amendment and 4 for the motion which was declared carried.

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

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(1)  that the development to which this permission relates must be begun within 5 years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; and

(2)  that the existing hedging between No. 42 and 44 shall be retained and protected in accordance with methods as set out in BS5837/1991 during and until completion of all site operations and building works, in order to protect the amenity and privacy in the rear garden area.

(d)

Change of Use from Agricultural Land to Caravan Park and Erection of Chalets:

Parkhill Farm, Old Greenock Road, Port Glasgow (IC/03/007)

The report recommended that planning permission be refused as the proposed development would generate pedestrian traffic between the application site in Port Glasgow and the lack of a lit footway, in accordance with the Council's Roads Development Guide 1996, would prejudice pedestrian and vehicular safety.

Decided:  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.

(e)

Erection of Timber Fence (in retrospect):

Border Street, Greenock (IC/03/041)

Decided:  that planning permission be granted.

(f)

Erection of 15 Flats:

Regent Street/Trafalgar Street, Greenock (IC/03/001)

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 before the development hereby permitted starts samples of the facing materials to be used shall be submitted to and approved in writing by the Head of Planning Services, to ensure that the proposed materials are acceptable in the interests of visual amenity;

(3)  that before the development hereby permitted starts, a scheme of landscaping shall be submitted to and approved in writing by the Head of Planning Services and it shall include:-

(a)  details of any earth moulding, hard landscaping, grass seeding or turfing;

(b)  full details of the scheme of shrub planting including location, number and species;

(c) details of the phasing of these works;

(4)  that before the last of the flatted dwellings hereby permitted is occupied all works approved in terms of condition (3) above shall be implemented and any shrubs or areas of grass which die, are removed, damaged, or become diseased within 5 years of the completion of the development, shall be replaced within the following year with others of a similar size and species, conditions (3) and (4) being imposed to ensure the provision of an appropriate landscaping scheme;

(5)  that for the avoidance of doubt and notwithstanding the details shown on the approved plans, the pend close shall have a minimum clear height of 2.1 metres;

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(6)  that before the first of the mainstream units hereby permitted is occupied, the vehicular entrance and parking/manoeuvring areas shall be finished in the approved hard-sealed surface, conditions (5) and (6) being imposed to ensure the provision of adequate and safe vehicular access facilities; and

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(7)  that before the development hereby permitted starts the applicant shall, following consultation with Scottish Water, confirm in writing to the Head of Planning Services that the drainage design incorporates Sustainable Urban Drainage Systems, to ensure that run off from the site is controlled to prevent flooding of adjacent land.

(g)

Construction of 6 Flats:

Whitefarland, 88 Octavia Terrace, Greenock (IC/02/369)

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

Decided:  that consideration of the application be continued (i) for further discussion with Defence Estates and the applicant and (ii) for a site visit to be arranged by the Director of Legal & Support Services in consultation with the Convener.

(h)

Provision of Lattice Extension to Timber Fence and Repositioning of Section of Fence:

17 Finbraken Drive, Gourock (IC/02/375R)

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

After discussion, Councillor McGhee moved that planning permission be granted subject to the conditions detailed in the report.  As an amendment, Councillor Morrison (M) moved that planning permission be refused as the design and location of the repositioned fence and the proposed lattice extension would have an adverse impact on the amenity of adjacent residents and would be visually intrusive.   On a vote, 2 Members voted for the amendment and 4 and for the motion which was declared carried.

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

(1)  that the lattice fence must be begun within 5 years from the date from this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(2)  that the lattice extension be stained to match the existing fence within 2 months of its erection; and

(3)  that the repositioned fence be stained and finished to the specification of the original fence within 2 months of the date of this permission, conditions (2) and (3) being imposed to protect the amenity of the established residential area and to ensure that the fencing is in keeping with the established colour and design of fencing in the locality.

(i)

Extension to Car Park:

Cardwell Garden Centre, Lunderston Bay, Gourock (IC/02/382)

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;

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(2)  that the car park hereby permitted shall not be brought into use until it is completed to the approved final sealed wearing course, to ensure deleterious materials are not carried onto the public road;Ð

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(3) that before the development hereby permitted begins surface water drainage arrangements shall be agreed in writing with the Scottish Environment Protection Agency, in the interests of avoiding contamination of adjacent water courses;

(4)  that before the development hereby permitted begins, the woodland areas to be felled shall be surveyed by a suitably experienced surveyor for the presence of legally protected species such as badgers and bats and a report be submitted to and approved in writing by the Head of Planning Services and, should any evidence of the presence of such species be found, then Scottish Natural Heritage shall be informed;

(5)  that before the development hereby permitted begins, the water course along the roadside boundary shall be surveyed by a suitably experienced surveyor for the presence of otters and water voles and a report be submitted to and approved in writing by the Head of Planning Services and, should any evidence of the presence of such species be found, then Scottish Natural Heritage shall be informed;

(6)  that tree or shrub removal shall take place outside the main bird breeding season, March to June inclusive, and should this not be possible the trees and bushes to be removed should first be surveyed for the presence of bird nests by a suitably experienced surveyor with any nests found being left undisturbed until the young have fledged;

(7)  that all trees to be retained shall be protected in line with British Standard 5837:1991 Guide for Trees in Relation to Construction: National House-Building Council Standards, Chapter 4.2 "Building Near Trees" (updated 1992), conditions (4) - (7) being imposed in the interests of nature conservation; 

(8)  that permission is not hereby given for the "formal planting, specimen shrubs and trees" in the area shaded blue on the approved plans - planting within this area shall consist of native species of shrub or trees appropriate to the location and details of such species shall be submitted to and approved in writing by the Head of Planning Services prior to planting; and

(9)  that the new fencing hereby permitted shall match in colour and design that used around the existing adjacent car park, conditions (8) and (9) being imposed in the interests of the visual amenity of the area.

(j)

Extension to Garden Centre (in outline):

Cardwell Garden Centre, Lunderston Bay, Gourock (IC/02/383)

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, or within two years of the date on which the last of the reserved matters are approved, whichever is the later, to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(2)  that before development starts a further planning application shall be submitted to the Head of Planning Services in respect of the following reserved matters:

(a)  the siting, design and external appearance of all buildings and other structures;

(b)  the means of access to the site;

(c)  the layout of the site, including all roads, footways and parking areas;

(d)  the details of, and timetable for, the hard and soft landscaping of the site;

(e)  the design and location of all boundary walls and fences;

(f)   the provision for loading and unloading of all goods vehicles;

(g)  the provision of drainage works;

(h)  details of existing trees, shrubs and hedgerows to be retained;

to enable the Head of Planning Services to consider these aspects in detail;

(3)  that notwithstanding the terms of condition (2) above, access to the site and any internal roads and parking/manoeuvring areas shall be constructed in accordance with the Council’s Roads Development Guide, in the interests of vehicular and pedestrian safety;

(4)  that notwithstanding the terms of condition (2) above, surface water drainage arrangements shall be agreed in writing with the Scottish Environment Protection Agency, in the interests of avoiding contamination of adjacent water courses;

(5)  that tree or shrub removal shall take place outside the main bird breeding season, March to June inclusive, and should this not be possible the trees and shrubs to be removed should first be surveyed for the presence of bird nests by a suitably experienced surveyor with any nests found being left undisturbed until the young have fledged, in the interests of nature conservation;

(6)  that notwithstanding the terms of condition (2) above, built development shall be sympathetic to the rural location and, specifically, the external finishes and colours should be appropriate to this setting and the draft guidelines for Clyde Muirshiel Regional Park;

(7)  that notwithstanding the terms of condition (2) above, any reserved matters application shall be accompanied by a landscape plan addressing the following points:

(a)  boundary planting screening the site from travellers and those using the Lunderston Bay facilities;

(b)  development sympathetic to the rural character and blending in with the surrounding semi-natural woodlands;

(c)  protection of important landscape features such as the water course on the north eastern boundary;

conditions (6) and (7) being imposed in the interests of the visual amenity of the area; and

(8)  that notwithstanding the terms of condition (2) above, any formal or informal routes through the site should be retained or, if not possible, be re-routed to allow continued access of the same quality, to ensure retention of any existing accesses to the countryside.

(k)

Erection of Timber Deck (in retrospect):

Baronewood, 49 Castle Wemyss Drive, Wemyss Bay (IC/03/047)

The report recommended that planning permission be granted.

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

Decided:  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.

316

PLANNING APPEAL - 5 SHANDWICK PLACE, INVERKIP

316

There was submitted a report dated 12 March 2003 by the Head of Planning Services advising that following the decision of the Sub-Committee at the meeting held on 1 May 2002 to refuse planning permission for the erection of timber decking (in retrospect) at 5 Shandwick Place, Inverkip (IC/02/031) 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 dismiss the appeal.

Noted

317

PROPOSED TRAFFIC REGULATION ORDER - CARTSBURN STREET, GREENOCK

317

There was submitted a report by the Director of Legal & Support Services recommending the making of a Traffic Regulation Order to introduce no waiting at any time restrictions on Cartsburn Street, Greenock at its junction with Arthur Street.

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 introduce no waiting at any time restrictions in Cartsburn Street, Greenock at its junction with Arthur Street 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.

318

PROPOSED TRAFFIC REGULATION ORDER - PATRICK STREET, GREENOCK

318

There was submitted a report by the Director of Legal & Support Services recommending the making of a Traffic Regulation Order to amend the existing no waiting at any time restrictions within Patrick Street, Greenock and introduce additional areas of no waiting.

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 amend the existing no waiting at any time restrictions within Patrick Street, Greenock and introduce additional areas of no waiting 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.

319

PROPOSED TRAFFIC REGULATION ORDER - COVE ROAD, GOUROCK

319

There was submitted a report dated 17 March 2003 by the Director of Legal & Support Services recommending the making of a Traffic Regulation Order to amend the existing no waiting at any time restrictions within Cove Road, Gourock and introduce additional areas of no waiting, subject to withdrawal of the objection received.

Mr Bruce informed the Sub-Committee that the objection had been withdrawn.

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 amend the existing areas of no waiting at any time restrictions within Cove Road, Gourock and introduce additional areas of no waiting 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.