Planning & Traffic Management Committee

Wednesday 4 August 2004 at 3.00 pm

Present:  Councillors  Forbes, Fyfe, Hunter, McCormick (P), Mitchell, Roach and Stewart.

Chair:  Councillor Forbes presided.

In attendance:  Miss M McKnight (for Director of Legal & Support Services), Head of Planning Services and Mr A Bruce (for Head of Transportation & Roads Service).

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

479

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)

Construction of 6 Floodlit 5-a-Side Synthetic Surface Football Pitches, 1 Floodlit 11-a-Side Synthetic Surface Football Pitch, a Nine Hundred sq. m Sports Pavilion and 114 Car Parking Spaces (in outline):

Recreation Area, Gourock Park, George Road/Drumshantie Road, Gourock

(IC/04/110)

Councillors Forbes, Fyfe and Hunter declared an interest in this item as Members of Inverclyde  Leisure Trust, took no part in its consideration or decision and left the room. Councillor Mitchell took the Chair for this item.

Decided:  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 in outline, subject to the following conditions:-

(1)      This permission is granted under the provisions of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 on an outline application and the further approval of the Council or of the Scottish Ministers on appeal shall be required with respect to the under mentioned matters hereby reserved before any development is commenced;

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

(b)    details of the access arrangements; and

(c)    details of the 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;

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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;

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(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, car parking within the application site shall be provided on the basis of 84 spaces plus an additional 20 spaces per 100sqm of public floor area for the sports pavilion, to ensure the provision of adequate car parking facilities;

(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  (6)  (6)        that notwithstanding the terms of condition (1) above, vehicular access to the site shall be taken via a footway crossover 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 any 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) & (10) being imposed to protect the amenity of adjacent residential properties;

(11)    that the sports pavilion 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 8.00am to 10.00pm Monday to Friday and 9.00am to 10.00pm 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; and

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(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) - (15) being imposed to protect the residential amenity of occupiers of adjacent dwellings.

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Councillors Forbes, Fyfe and Hunter returned to the meeting and Councillor Forbes resumed the Chair.

(b)

Erection of Entrance Gates, Associated Walls and Bin Store Area:

Hydro Dam Site, West Glen Road, Kilmacolm (IC/04/132)

The report recommended that planning permission be granted.  

Following discussion Councillor Fyfe moved that the application be refused as the materials to be used in the construction of the gate piers at the location indicated in the application, being clearly visible from West Glen Road, are not in keeping with the character of the surrounding area and would be detrimental to the amenity currently enjoyed at this location.   As an amendment Councillor Roach moved that the application be granted.   On a vote 2 Members voted for the amendment and 5 for the motion which was declared carried.

Decided:  that planning permission be refused as the materials to be used in the construction of the gate piers at the location indicated in the application, being clearly visible from West Glen Road, are not in keeping with the character of the surrounding area and would be detrimental to the amenity currently enjoyed at this location.

(c)

Erection of 2 Storey Side/Rear Extension to Dwellinghouse:

Treetops, Gowkhouse Road, Kilmacolm (IC/04/138)

Decided:  that planning permission be granted.

(d)

Erection of Screen to Electricity Sub-Station:

West Glen Road, Kilmacolm (IC/04/153R)

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 development shall not begin until (a) existing trees to be retained as shown on drawing no. 117.4.20b have been protected fully with 900 mm high chestnut paling fencing (b) full details of the height and species of the replacement conifers which shall be a minimum height of 1.5 metres when planted and have a minimum mature height in excess of 6 metres, have been agreed with the Head of Planning Services;

(3)   that existing trees and shrubs on site shall not be lopped, topped, felled, removed or disturbed in any way without the prior written consent of the planning authority;

(4)  that all new planting as specified on drawing no. 117.4.20b shall be implemented during the first planting season following completion of the development and any trees or shrubs, including the hedgerow on the site boundary which, in the opinion of the Head of Planning Services, are dying, severely damaged or diseased within 5 years of planting shall be replaced by trees or shrubs of a similar specification to those originally planted;

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(5)   that prior to work commencing on site, details of the future maintenance of the proposed screen shall be submitted to and agreed in writing with the Head of Planning Services, conditions (2) - (5) being imposed in the interests of the visual amenity of the immediate area; and    

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(6)   that noise Rating Curve NR20 should be achieved within the bedrooms of the house on Plot 3 prior to the house being occupied, to prevent noise nuisance to future residents at Plot 3.

(e)

Alterations to Create Office Accommodation and Conference Centre on

First Floor and Formation of Car Park:

Port Glasgow Library, Town Buildings, Fore Street, Port Glasgow

(NI/04/002 & LB/04/007)

Decided:

(1)  that the Notice of Intention to Development application be referred to the Scottish Ministers with the recommendation that planning permission be granted; and

(2)  that the listed building application be formally notified to Historic Scotland.

(f)

Change of Use of Retail Shop (Class 1) to Licensed Betting Office (Class 2):

10 Bay Street, Port Glasgow (IC/04/114)

Decided:  that the application be referred to the Scottish Ministers in accordance with the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 recommending that planning permission be granted.

(g)

Change of Use of Workshop and Store (Class 4) to use as

Music/Drama School (Class 10):

Unit 28, Lynedoch Industrial Estate, Hope Street, Greenock (IC/04/098)

Decided:  that planning permission IC/04/098 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 the condition 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.

(h)

Erection of Fence (in retrospect):

1 Fergus Road, Greenock (IC/03/373)

The report recommended that planning permission be refused as the unauthorised fence interrupts forward visibility of the junction of Fergus Road and Fancy Farm Road to the detriment of road safety.

Decided:  that consideration of the application be continued to enable Members to inspect the site.

(i)

Change of Use of Ground Floor from Use Class 1 (Retail) to Use Class 3

(Food and Drink):

69 - 71 West Blackhall Street, Greenock (IC/04/147)

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 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 before the development hereby permitted is commenced, details of a scheme for the suppression of noise from the ventilators and extractor flue shall be submitted to and approved in writing by the Head of Planning Services and that the scheme shall be fully implemented before the premises are opened for trading to the public; and

(3)   that before the development hereby permitted is commenced, details of a scheme for the control of odours from the extractor equipment, including details of ongoing maintenance to ensure effective filtration, shall be submitted to and approved in writing by the Head of Planning Services; and that the scheme be fully implemented before the premises are opened for trading to the public, conditions (2) & (3) being imposed in the interests of amenity of residents in the vicinity.

(j)

Use of Upper Floors (First, Second, Third) of Former Tobacco Warehouse

as Class 4 (Business Use):

Tobacco Warehouse, Clarence Street, Greenock (IC/04/162)

Decided:  that planning permission be granted subject to the condition 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.

(k)

Formation of Hard Standing, Access and Erection of Gates (in retrospect):

61 Brisbane Street, Greenock (IC/04/203)

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

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

(2)  that access shall be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide, to ensure the provision of adequate vehicular access facilities.

(l)

Extension at First Floor Level to Form Bedroom with En-Suite Facilities:

37 Oxford Avenue, Gourock (IC/04/014)

The report recommended that planning permission be refused as the off-street parking requirements of the Council's Roads Development Guide 1995 cannot be met and the proposal is therefore not in accordance with the Council's Planning Practice Advice Note 7 on house extensions.

Decided:  that the application be continued to the next meeting to allow further discussion with the applicant.

(m)

Extension to Building to Incorporate Terrace, Balcony and Additional Cellarage:

38 - 40 Kempock Street, Gourock (IC/04/140)

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The report recommended that planning permission be refused as the proposed extension could lead to delivery vehicles narrowing the width of the manoeuvring aisle within the car park to the detriment of the safety of car park users.

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Decided:  that the application be continued for a site visit to be arranged by the Director of Legal and Support Services in consultation with the Convener.

(n)

Erection of House:

34 Carnoustie Avenue, Gourock (IC/04/151)

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 no development shall commence until samples of all external materials together with details of all boundary treatments have been submitted to and approved by the Head of Planning Services in writing: development shall thereafter proceed utilising the agreed materials and boundary treatments unless the Head of Planning Services gives his prior written approval to any variation that may be sought, to ensure a continuity of finishes and boundary treatment with this part of Gourock; and

(3)   that access shall be via a footway crossover designed in accordance with the Council’s Roads Development Guidelines, in the interests of road safety on Carnoustie Avenue.

(o)

Installation of French Doors in Ground Floor Flat:

17 and 22 Levan Point, Gourock (IC/04/205 & IC/04/206)

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

(1)   that the development hereby permitted should be commenced within five years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; and

(2)   that the decorative steel railings shall be finished in white and maintained in that colour to ensure that the proposed railings match the appearance of the existing railings on the building and thereby minimising any visual impact.

(p)

Extension to Open Sales Building (in retrospect):

Cardwell Garden Centre, Lunderston Bay, Gourock (IC/04/187)

Decided:  that planning permission be granted.

(q)

Erection of Conservatory (in retrospect):

Plot 34, 15 Teal Drive, Inverkip (IC/04/193)

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

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

(2)   that prior to the house being occupied screen fencing shall be provided within the plot and thereafter maintained in perpetuity to prevent overlooking of the adjoining properties at Swallow Crescent: details of same shall be submitted for the prior written approval of the Head of Planning Services, to prevent overlooking of the adjoining properties at Swallow Crescent and to accord with the advice in PPAN No.7 in the Inverclyde Local Plan First Review Final Draft 2002.

(r)

Erection of 2 Storey Side Extension Together with Alterations and

Formation of Decking at Rear of Dwellinghouse:

6 Cullen Place, Inverkip (IC/04/161)

Decided:  that planning permission be granted.

(s)

Relocation of Boundary Fence and Erection of Decking at

Rear of Dwellinghouse:

2 Mount Stuart Drive, Wemyss Bay, (IC/04/176)

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

Decided:  that consideration of the application be continued for a site visit to be arranged by the Director of Legal and Support Services in consultation with the Convener.

(t)

Change of Use of Shop to Offices (Class 4):

63 Cathcart Street, Greenock (NI/04/003)

Decided:  that it be noted that as no objections have been received, under the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981 planning permission is deemed to have been granted.

480

PROPOSED TRAFFIC REGULATION ORDER - KILBLAIN STREET, GREENOCK

480

There was submitted a report by the Director of Corporate Services recommending the making of a proposed Traffic Regulation Order at Kilblain Street, Greenock to amend the no waiting and loading restrictions within Kilblain Street, Greenock.

Decided:  that Inverclyde Council be recommended to make a Resolution under the Road Traffic Regulation Act 1984 in relation to a Traffic Regulation Order to regulate the no waiting no loading at any time restrictions on the west side of Kilblain Street and to limit waiting to 30 minutes, no return in 1 hour in front of the shops at Kilblain Street and to revoke part of the existing no waiting Monday - Saturday 7 am - 6 pm restriction identified in Schedule 3 of the report and thereafter that it be remitted to  the Head of Transportation and Roads Service and Director of Legal and Support Services to arrange for its implementation.

481

PLANNING APPEAL - CHANGE OF USE OF BANK TO A PUBLIC HOUSE AT 134 CATHCART STREET, GREENOCK

481

There was submitted a report dated 14 June 2004 by the Head of Planning Services advising that following the decision of the Planning and Traffic Management Sub-Committee at its meeting held on 3 December 2003 to refuse planning permission for the change of use of a bank to a public house at 134 Cathcart Street, Greenock, an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

482

PLANNING APPEAL - ERECTION OF DWELLINGHOUSE (IN OUTLINE) AT FIRHILL, GLENMOSSTON ROAD, KILMACOLM.

482

There was submitted a report dated 22 July 2004 by the Head of Planning Services advising that following the decision of the Planning and Traffic Management Committee at the meeting held on 2 June 2004 to refuse planning permission for the erection of a dwellinghouse at ‚Firhill, Glenmosston Road, Kilmacolm, an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

483

PLANNING APPEAL - ERECTION OF A CONSERVATORY AT 11 SCHOOL WYND, QUARRIERS VILLAGE

483

There was submitted a report dated 22 July 2004 by the Head of Planning advising that following the decision of the Planning and Traffic Management Sub-Committee at the meeting held on 5 November 2003 to refuse planning permission for the erection of a conservatory at 11 School Wynd, Quarriers Village, an appeal against the refusal of planning permission had been made to the Scottish Ministers and the report indicated that the Reporter had dismissed the appeal.

Noted

484

PLANNING APPEAL - CHANGE OF USE FROM POST OFFICE TO HOT FOOD CARRY OUT AT 44 MURDIESTON STREET, GREENOCK

484

There was submitted a report dated 26 July 2004 by the Head of Planning Services advising that following the decision of the Planning and Traffic Management Committee at the meeting held on 4 February 2004 to refuse planning permission for the change of use of a post office to a hot food carry out at 44 Murdieston Street, Greenock an appeal against the refusal of planning permission had been made to the Scottish Ministers and the report advised that the appeal had been granted subject to conditions regarding cooking, ventilation, restricting noise from machinery and opening hours to between 12 midday and 9 pm daily and requiring the approval of details of any new shop front.

Noted

485

PLANNING APPEAL - ERECTION OF DWELLINGHOUSE AT 28A CLOCH ROAD, GOUROCK

485

There was submitted a report dated 23 June 2004 by the Head of Planning Services advising that following the decision of the Planning and Traffic Management Sub-Committee at the meeting held on 7 January 2004 to refuse planning permission for the erection of a house within the side garden of 28A Cloch Road, Gourock an appeal against the refusal of planning permission had been made to the Scottish Ministers and the report advised that the appeal was dismissed.

Noted

486

ADVERTISEMENT CONSENT AND ENFORCEMENT NOTICE APPEAL - REAR SIGNAGE

486

There was submitted a report dated 23 June 2004 by the Head of Planning Services advising that following the decision of the Planning and Traffic Management Committee on 7 April 2004 to grant advertisement consent for signage at 74 Kempock Street, Gourock on condition that no permission was granted for the sign on the rear elevation due to it introducing a discordant element to the appearance of the building, an appeal against the refusal of advertisement consent and the service of the enforcement notice had been made to the Scottish Ministers.

Noted

487

PUBLIC INQUIRY - PROPOSED WINDFARM AT DEVOL MOOR, GREENOCK

487

There was submitted a report by the Head of Planning Services dated 22 July 2004 advising that in November 2003 the Council had objected to the proposal to develop a windfarm at Devol Moor, Greenock and had submitted representations to the Scottish Executive, notification had been received that a public inquiry will be held prior to determining the proposal to develop a windfarm at Devol Moor, Greenock. 

Noted