Planning & Traffic Management Committee

Wednesday 5 May 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).

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 APPLICATION SUBMITTED FOR CONTINUED CONSIDERATION

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Erection of 47 Flats and Houses:

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

There was submitted a report dated 23 April 2004 by the Head of Planning Services on an application by JC Morton Homes for the erection of 47 flats and houses at the former water treatment works at 14 Prospecthill Street, Greenock (IC/03/457) which the Committee at the meeting held on 3 March 2004 had agreed, following a vote, to grant subject to a number of conditions.  Those Members who had voted that planning permission be refused for a number of reasons had however requested in terms of the relevant Standing Order that the matter be referred to The Inverclyde Council for decision in terms of the motion to refuse and at the meeting on 22 April 2004 the Council, following receipt of further representations, had decided to refer the matter back to the Committee for determination. 

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

Councillor Nimmo was present and with consent spoke on the matter.

After discussion, Councillor Mitchell moved that planning permission be granted subject to the conditions detailed in the report.  As an amendment, Councillor Roach moved that planning permission be refused (1) as the proposed development would have an adverse impact on the current level of visual amenity due to over development (2) as the design and scale of the buildings would have an adverse impact on the amenity currently enjoyed at this location due to potential overlooking and loss of privacy and (3) as the on-street car parking available would be insufficient to cope with the increased traffic resulting from the development and would have an adverse impact on road safety on this already busy road.

On a vote, three Members voted for the amendment and four for the motion which was declared carried.

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

C

Decided:  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;É

(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) and (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.

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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)

Screen to Electricity Sub-Station:

West Glen Road, Kilmacolm (IC/03/125R)

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The report recommended that planning permission be refused as the proposals are contrary to Policy H1 of the Inverclyde Local Plan:  First Review Final Draft 2000, as amended September 2003, in that the proposals would have an unacceptable visual impact on the site and the immediate residential area.

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The Convener referred to a letter received from the applicant requesting that consideration of the application be continued.

Decided:  that consideration of the application be continued for further discussion with the applicant.

(b)

Erection of Two Semi-Detached Bungalows:

Craigbet Road, Quarriers Village (IC/03/409)

Decided:  that, subject to the applicant entering into a Section 75 Agreement under the Town and Country Planning (Scotland) Act 1997 restricting occupancy of the houses to persons solely or mainly employed or last employed in the locality in agriculture or a dependent of such a person residing with him or her or a widow or widower of such a person, 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 external walls shall be furnished in a wet dash render, with the final colour being submitted to and approved in writing by the Head of Planning Services prior to work commencing;

(3)      that details of the design of the external doors and windows shall be submitted to and approved by the Head of Planning Services prior to work commencing on site;

(4)      that a sample of the roof tile which shall reflect the size, colour and edge detail of a natural slate, shall be submitted to and approved in writing by the Head of Planning Services prior to work commencing, conditions (2), (3) and (4) being imposed to ensure that the external finishes are appropriate for the locality;

(5)        that development shall not begin until details of the hard and soft landscaping have been submitted to and approved in writing by the Head of Planning Services.  Details of the scheme shall include:

(i)       the design, location and height of new fencing;

(ii)      external finish to the driveway/car parking areas;

(iii)      existing and finished ground levels in relation to a fixed datum preferably ordnance;

(iv)     timescales for completion of works;

to ensure that the development is completed in a satisfactory manner;

(6)      that details of finished floor levels shall be submitted to and approved by the Head of Planning Services prior to work commencing on site, to ensure that the proposed development has a satisfactory relationship with the adjacent properties;  and

(7)      that access shall be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide, in the interests of road safety.

(c)

Erection of Verandahs at First and Second Floor Level:

5 and 9 Glenhuntly Road, Port Glasgow (IC/04/059)

Councillor Forbes declared a personal interest in this matter, vacated the Chair, took no part in its consideration or decision and left the meeting.  Councillor Fyfe took the Chair for this item.

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

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(1)      as the proposed verandahs by virtue of their size and position would have an adverse impact on the amenity of other residents in the building by way of disturbance; and

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(2)      as the proposal would also not be in accordance with PPAN 8 as the design and position of the balcony does not give due regard to the  architectural design of the building.

Councillor Forbes returned to the meeting and resumed the Chair.

(d)

Variation of Conditions 12 and 15 of Outline Planning Permission IC/98/299:

Former Scott Lithgow and East Glen Yards (part), Port Glasgow (IC/03/430 & IC/03/429)

The report recommended that planning applications IC/03/429 and IC/03/430 be referred to the Scottish Ministers in terms of the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 intimating the Council’s intention to grant planning permission and that the permissions not be issued until a Section 75 Agreement is recorded in title ensuring the closure of the Tesco Inverkip Street store upon opening of the proposed store.

Decided:  that consideration of the applications be continued to enable further assessment of the policy implications by the Head of Planning Services.

(e)

Construction of Food/Non-Food Superstore, Petrol Filling Station and Associated Car Parking and Landscaping:

Former Scott Lithgow and East Glen yards (part), Port Glasgow (IC/03/438)

The report recommended that the application be referred to the Scottish Ministers in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 intimating the Council’s intention to grant planning permission subject to a number of conditions and that the permission not be issued until a Section 75 Agreement is recorded in title ensuring the closure of the Inverkip Street Tesco store upon opening of the proposed store.

Decided:  that consideration of the application be continued to enable further assessment of the policy implications by the Head of Planning Services.

(f)

Creation of New Civic Square:

Former Scott Lithgow and East Glen Yards (part), Port Glasgow (IC/04/005)

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

Decided:  that consideration of the application be continued to enable further assessment of the policy implications by the Head of Planning Services.

(g)

Erection of Rear Fence (in retrospect) and Provision of New Retaining Wall and Stairs to Rear of Property:

15 Balmore Road, Greenock  (IC/04/078)

Decided:  that planning permission be granted.

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(h)

Formation of Flat and Installation of Six Rooflights:

35 Robertson Street, Greenock (IC/04/083)

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Councillor Snoddy was present and with consent spoke on the matter.

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

(1)      as the proposal is contrary to Policy DCo (vii) of the Local Plan in that it is  not possible to provide off street car parking at a ratio of one off street parking space per dwelling and the resultant new floorspace  would  cause a potential increase in on street parking and additional  congestion in Robertson Street;  and

(2)      as the proposal is contrary to Policy H12 of the Inverclyde Local Plan, First Review, Final Draft in that it is not possible to provide off street car parking in accordance with the Council’s Roads Development Guidelines 1995 and the resultant new floorspace would cause a potential increase in on street parking and additional congestion in Robertson Street.

(i)

Proposed Sports Complex with Bar/Cafe Including Six 5-A-Side, Two 7-A-Side Synthetic Pitches and Associated Car Parking (in outline):

Gourock Park, George Road, Gourock (IC/04/034)

Councillors Forbes, Fyfe and Hunter declared an interest in this matter as members of Inverclyde Leisure Trust which had an interest in the application subjects, took no part in its consideration or decision and left the meeting.  Councillor Forbes having vacated the Chair, Councillor Mitchell took the Chair.

Decided:  that the application be referred to the Scottish Ministers in terms of the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 intimating the Council’s intention to grant planning permission in outline 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:-

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

(b)      details of the access arrangements;

(c)      details of landscaping of the site;

(2)      that in the case of the reserved matters as specified above application for approval must be made before:

(i)       the expiration of 3 years from the date of grant of outline permission; or

(ii)      the expiration of 6 months from the date on which an earlier application for such approval was refused; or

(iii)      the expiration of 6 months from the date on which an appeal against such refusal was dismissed;

whichever is the latest, and provided only one such application may be made in the case after the expiration of the three year period mentioned in sub- paragraph (i) above;

(3)      that the development to which this permission relates must be begun not later than the expiration of 5 years from the date of this permission or within 2 years from the final approval of reserved matters, whichever is later, conditions (1), (2) and (3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

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(4)      that notwithstanding the terms of condition (1) above, car parking within the application site shall be provided on the basis of 20 spaces per 100sqm of public floor area for the bar/cafe and 1 space per player, to ensure the provision of adequate car parking facilities;

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(5)      that notwithstanding the terms of condition (1) above, a visibility splay at the vehicular entrance to the site of 2.5 metres by 90.0 metres by 1.05 metres high shall be provided, in the interests of vehicular and pedestrian safety;

(6)      that notwithstanding the terms of condition (1) above, vehicular access to the site shall be taken via a footway crossover on George Road constructed in accordance with the Council’s Roads Development Guide, to ensure the provision of adequate vehicular access facilities;

(7)      that before the construction begins on the development hereby permitted, details shall be provided of the relocation of the bus stop and shelter on George Road at the proposed entrance to the site and the relocation of the bus stop and shelter shall be implemented prior to the commencement of the use hereby permitted, to ensure the provision of an adequate and safe facility for pedestrians;

(8)      that notwithstanding the terms of condition (1) above, the car park and access road leading to it and all pedestrian paths within the site shall be surfaced to a sealed final wearing course prior to the renovated pitches and the new clubhouse being brought into use, to ensure the provision of satisfactory pedestrian and vehicular access facilities;

(9)      that before the redeveloped pitches hereby permitted are brought into use, a full noise assessment shall be submitted to and be approved in writing by the Head of Planning Services;

(10)    that in the event that a visual and auditory screen barrier running the full length of either or both the southern and western boundaries of the pitches hereby permitted is required, as a result of the noise assessment referred to in condition (9) above, full details of this barrier shall be submitted to and approved in writing by the Head of Planning Services.  The approved barrier shall be completed before the pitches are brought into use, conditions (9) and (10) being imposed to protect the amenity of adjacent residential properties;

(11)    that the clubhouse facility shall be completed and ready for use before play commences on any of the pitches hereby permitted, to ensure the provision of a clubhouse facility in association with the pitches;

(12)    that development shall follow the recommended guidelines on the design of surface water drainage systems, as set out in the Scottish Environment Protection Agency’s ‘A Guide to Sustainable Urban Drainage’, to help ensure the prevention of flooding on this and adjacent sites;

(13)    that play on the pitches hereby permitted shall not take place outwith the hours of 8am to 10pm Monday to Friday and 9am to 10pm on Saturday and Sunday;

(14)    that the clubhouse facility hereby permitted shall not operate outwith the hours of 8am to 11pm Monday to Friday and 9am to 11pm on Saturday and Sunday;

(15)    that before construction begins on the development hereby permitted a full floodlighting specification study shall be submitted to and approved in writing by the Head of Planning Services including a comparison of lux values on the pitches and the adjacent ground for the current and proposed floodlighting arrangement, conditions (13), (14) and (15) being imposed to protect the residential amenity of occupiers of adjacent dwellings; and

(16)    that approval is not given for the indicative layout shown on the plans hereby approvedX, as approval is in principle only and greater consideration has to be given to a detailed layout.

Councillors Forbes, Fyfe and Hunter returned to the meeting.

(j)

Change of Use from Class 1 (Retail) to Use Class 2 (Financial/Professional) and Change of Use from Class 1 (Retail) to Use Class 3 (Food and Drink):

89 Shore Street, Gourock (IC/04/051 & IC/04/070)

The Convener referred to a letter from the applicant’s agents requesting withdrawal of planning application IC/04/070.

Decided:

(a)      that the withdrawal of planning application IC/04/070 be noted;  and

(b)      that planning permission in respect of planning application IC/04/051 (change of use from Class 1 to Class 2)  be granted.

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PROPOSED STOPPING UP ORDER - A761 BRIDGE OF WEIR ROAD, KILMACOLM (LAY-BY)

327

There was submitted a report by the Director of Corporate Services recommending the making of a Stopping Up Order to stop up the lay-by on the A761 Bridge of Weir Road, Kilmacolm.

Decided:  that The Inverclyde Council be recommended to make a Resolution under the Road Traffic Regulation Act 1984 in relation to a Stopping Up Order to stop up the lay-by on the A761 Bridge of Weir Road, Kilmacolm and remit it to the Head of Transportation & Roads Service and the Director of Legal & Support Services to arrange for implementation of the Order.

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PLANNING APPEAL - 24/34 CARDWELL ROAD, GOUROCK

328

There was submitted a report dated 21 April 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 December 2003 to refuse planning permission for the erection of 11 flats on the site of the former petrol filling station at 24/34 Cardwell Road, Gourock (IC/03/220R), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

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PLANNING APPEAL - 33 TOWER DRIVE, GOUROCK

329

There was submitted a report dated 19 April 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 planning permission for the formation of a rear dormer extension and velux rooflights at 33 Tower Drive, Gourock (IC/03/207) and the subsequent appeal by the applicant to the Scottish Ministers against that refusal, the appellant had withdrawn the appeal.

Noted