Planning & Traffic Management Committee

Wednesday 1 September 2004 at 3.00 pm

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

Chair:  Councillor Forbes presided.

In attendance:  Mr G Douglas (for Director of Legal and Support Services), Mr N McLaren (for Head of Planning Services) and Mr A Bruce (for Head of Transportation and Roads Service).

Apologies: Councillor Mitchell.

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

       544

PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

544

(a)

Relocation of Boundary Fence and Erection of Decking at Rear of Dwellinghouse:

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

There was submitted a report dated 17 August 2004 by the Head of Planning Services on an application by Mr P Gilchrist for relocation of the boundary fence and erection of decking at the rear of the dwellinghouse at 2 Mount Stuart Drive, Wemyss Bay (IC/04/176), consideration of which had been continued from the meeting held on 4 August 2004 for a site visit.

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

(1)      that the development hereby permitted should be commenced within 5 years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; and

(2)      that no consent is granted for the relocation of the existing boundary fence as the proposed fence would have a detrimental impact on the visual quality of the streetscape of Mount Stuart Drive.

(b)

Extension to Building to Incorporate Terrace Balcony and Additional Cellarage:

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

There was submitted a report dated 17 August 2004 by the Head of Planning Services on an application by Cafe Continental for extension to the building to incorporate terrace balcony and additional cellarage at 38-40 Kempock Street, Gourock (IC/04/140), consideration of which had been continued from the meeting held on 4 August 2004 for a site visit.

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.

After discussion, Councillor Hunter moved that planning permission be granted subject to the condition 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.   As an amendment, %‚Councillor McCormick moved that planning permission be refused for the reason detailed in the report.   On a vote, 2 Members voted for the amendment and 5 for the motion which was declared carried.

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

(c)

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

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

There was submitted a report dated 17 August 2004 by the Head of Planning Services on an application by Mr W Sweeney for extension at first floor level to form a bedroom with en-suite facilities at 37 Oxford Avenue, Gourock (IC/04/014),  consideration of which had been continued from the meeting held on 4 August 2004 for further discussion with the applicant to ascertain if he would be willing to incorporate the widened area of road into the curtilage of the application site to enable the required 2 off street parking spaces to be provided.

Decided:  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.

(d)

Erection of Garden Fence (in retrospect):

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

There was submitted a report dated 17 August 2004 by the Head of Planning Services on an application by Mr J Robinson for the erection of a garden fence (in retrospect) at 1 Fergus Road, Greenock (IC/03/373), consideration of which had been continued from the meeting held on 4 August 2004 to allow Members to visit the site individually.

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.

After discussion, Councillor Hunter moved that planning permission be granted subject to the condition that within 28 days of the date of this consent the fence shall be painted in a colour to be agreed in writing by the Head of Planning Services, in the interests of visual amenity.   As an amendment, Councillor McCormick moved that planning permission be refused for the reason detailed in the report.   On a vote, 3 Members voted for the amendment and 4 for the motion which was declared carried.

Decided:  that planning permission be granted subject to the condition that within 28 days of the date of this consent the fence shall be painted in a colour to be agreed in writing by the Head of Planning Services, in the interests of visual amenity.

   545

PLANNING APPLICATIONS

545

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:-

   545

(a)

Erection of Two Detached Holiday Chalets (in outline):

Kellybank, Wemyss Bay (IC/03/254)

545

Decided:  that, subject to the applicant entering into an Agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997, to the effect that  (i) the holiday chalets are to be used solely for letting purposes for holidays only; (ii) they shall not be let at any time so as to give the tenant any protected tenancy in terms of the Rent (Scotland) Act 1984 or any equivalent or substituted tenancy provided for in legislation which amends or is substituted for the said Act; and (iii) they shall not be occupied on a permanent residential or other permanent basis at any time; planning permission be granted 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 undermentioned 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 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 the later, conditions (1), (2) and (3) being imposed to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(4)      that all parking bays shall have minimum dimensions of 5.0 m long by 3.2 m wide, in the interests of road safety on the access road;

(5)      that drainage (with the exception of surface water) shall be by septic tank and a sub-soil soakaway system designed in accordance with BS6279:1983 and Part M of the Building Standards (Scotland) Regulations 1990 (as amended) details of same being submitted for the prior approval of the Head of Planning Services;

(6)      that no development shall commence until percolation testing of the sub-soil to determine its suitability for effluent disposal has been submitted for the approval of the Head of Planning Services in consultation with SEPA, conditions (5) and (6) being imposed to comply with the requirements of SEPA;

(7)      that prior to commencement of any site works, a comprehensive contamination land investigation shall be submitted to and approved by the Head of Planning Services in writing.  The investigation shall be completed in accordance with a recognised code of practice such as British Standards Institute ‘The investigation of potentially contaminated sites - Code of Practice’ (BS 10175:2001).  The report must include a site-specific risk

   545

assessment of all relevant pollutant linkages, as required in Scottish Executive Planning Advice Note 33, to ensure potential risks arising from previous site uses have been fully assessed;

545

(8)      that where the risk assessment identifies any unacceptable risk or risks as defined under Part IIA of the Environmental Protection Act 1990, a detailed remediation strategy shall be submitted to the  Head of Planning Services for approval.  No works, other than investigative works, shall be carried out on the site prior to receipt of written approval of the remediation strategy by the planning authority, to ensure the proposed remediation plan is suitable;Î

(9)      that any necessary remediation of the site shall be carried out in accordance with the approved remediation plan.  Any amendments to the approved remediation plan shall not be implemented unless approved in writing by the Head of Planning Services, to ensure remedial works are carried out to the agreed protocol;

(10)    that on completion of any remediation works and prior to the site being occupied, the developer shall submit a report to the Head of Planning Services confirming that the works have been carried out in accordance with the remediation plan, to provide verification that remediation has been carried out to the Council’s satisfaction;

(11)    that no development shall commence until full details of surface and soil water drainage have been submitted to and approved by the Head of Planning Services in consultation with Scottish Natural Heritage;

(12)    that no development shall commence until fully detailed landscaping proposals have been submitted to and approved by the Head of Planning Services in consultation with SNH:  the landscaping scheme shall include woodland screen planting comprising native species reflecting the character of the existing woodland to the north to screen the proposal from sensitive views including from the right of way to the south of the site;

(13)    that the approved scheme of planting shall be implemented within the first planting season following completion of the holiday chalets 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;

(14)    that the footpath to the south of the site shall be protected and retained available for use for the duration of the site works and any damage resulting from the site works reinstated within one month of their completion;

(15)    that no development shall commence until full details of tree protection measures in accordance with BS5837:1991 Guide For Trees In Relation To Construction; National House Building Council Standards, Chapter 4.2 ‘Building Near Trees’ (Updated 1992) have been submitted to and approved by the Head of Planning Services in consultation with SNH;

(16)    that no tree felling or scrub clearance shall be undertaken in the main bird breeding season (March to June inclusive) without the prior written agreement of the Head of Planning Services in consultation with SNH;

(17)    that prior to the start of work on site, any trees to be felled shall be surveyed to determine the presence of bats: if bats are found, SNH shall be consulted prior to felling;

(18)    that no development shall take place within 20m of the Kelly Burn without a prior survey along the water course at the appropriate season by suitably experienced surveyors to determine the presence of otters and water voles: in the event that otters or water voles are found, no development shall take place without the prior approval of SNH, conditions (11) - (18) being imposed in the interests of the natural heritage of the site and to comply with the requirements of SNH;

   545

(19)    that the holiday chalets shall be sited and designed in accordance with PPAN5 in the Inverclyde Local Plan: First Review, Final Draft 2002; and

545

(20)    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, conditions (19) and (20) being imposed to ensure development is sympathetic to this sensitive countryside location.

(b)

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

31 Kempock Place, Gourock (IC/04/266)

Decided:  that planning permission be granted.

(c)

Alteration to Stone Boundary Wall and Formation of

Hardstanding for One Car:

32 Cove Road, Gourock (IC/04/264 & LB/04/017)

Mr McLaren advised the Committee that the recommendation should also seek the Committee's approval for listed building consent subject to conditions (1) and (3) as set out in paragraph 5.1 of the report.

Decided:

(i)       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 hardstanding shall be a minimum of 2.5 metres wide x 5.0 metres long with  access to be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide and any gates opening inwards only; and

(3)      that details of paving and any gates shall be submitted to and approved in writing by the Head of Planning Services prior to the commencement of the development, conditions (2) and (3)  being imposed in the interests of road safety to comply with the Council’s Roads Development Guide; and

(ii)      that listed building consent be granted subject to the following conditions:-

(1) that the development to which this permission relates must be begun within 5 years from the date of this permission, to comply with Section 16 of the  Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and

(2)  that details of paving and any gates shall be submitted to and approved in writing by the Head of Planning Services prior to commencement of the development, in the interests of road safety and compliance with the Council's Roads Development Guide.

(d)

Change of Use from Retail Unit to Hot Food Take Away

Together With Alterations to Shop Front:

26 Kempock Street, Gourock (IC/04/239)

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

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

   545

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

545

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

(4)      that the proposed flue would be visible from the public car park at Kempock Street and from the Firth of Clyde, to the detriment of the visual amenity of the immediate area.

(e)

Erection of Rear Extension and Decking to Dwellinghouse:

217 Old Inverkip Road, Greenock (IC/04/221)

Decided:   that planning permission be granted.

(f)

Alterations and Extension to Dwellinghouse:

19 Octavia Terrace, Greenock (IC/04/015R)

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

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

(2)      that existing trees adjacent to the boundary of the site (with No. 17) are protected in line with British Standards 5837:1991 Guidelines for Trees in Relation to Construction.  No development shall take place until details of tree protection measures have been submitted to and approved in writing by the Head of Planning Services, to ensure that existing mature trees adjacent to the common boundary are protected and to retain the amenity of the surrounding area.

(g)

Erection of Canopy at Front of House (in retrospect):

111 Bardrainney Avenue, Port Glasgow (IC/04/276)

Decided:  that planning permission be granted.

(h)

Construction of 49 Dwellinghouses:

Quarry Drive, Kilmacolm (IC/04/071R)

The report recommended that planning permission be refused for a number of reasons.

After discussion, Councillor Fyfe moved that planning permission be refused for the reasons detailed in the report.   As an amendment, Councillor Roach moved that consideration of the application be continued to the next meeting of the Committee.   On a vote, 2 Members voted for the amendment and 5 for the motion which was declared carried.

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

(1)      as the proposed development is for residential development in the Green Belt that cannot be justified and is therefore contrary to the following policies:-

(i)       Strategic Policies 1, 6 and 9 of the Glasgow and the Clyde Valley Joint Structure Plan;

(ii)      Policies ENa, Ha and Hb of the Inverclyde Local Plan;

(iii)      Policies DS1 and DS8 of the First Review, Final Draft of the Inverclyde Local Plan; and

(iv)     Departure from the Development Plan cannot be justified under Strategic Policy 10 of the Glasgow and the Clyde Valley Joint Structure Plan and Policy DS10 of the First Review, Final Draft of the Inverclyde Local Plan; and

(2)        as the proposed development is contrary to Scottish Executive advice in support of sustainable development and is therefore contrary to the aims of Scottish Planning Policies 1 and 3.

(i)

Alterations to Convert Garage into Accommodation and Utility Room:

West Rowantreehill Cottage, Porterfield Road, Kilmacolm (IC/04/186)

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 full details of the design, materials and external finish of the proposed windows shall be submitted to and approved by the Head of Planning Services in writing prior to work commencing on site, in the interests of visual amenity of the immediate area and to ensure that the windows are appropriate within the Conservation Area.

(j)

Provision of Seating Area on Public Footway:

1 Drumpellier Place, Kilmacolm (IC/04/214)

The report recommended that planning permission be refused as the available footway width would be reduced to the detriment of pedestrian safety.

After discussion, Councillor Fyfe moved that planning permission be granted subject to the following conditions: (1) that the development to which this permission relates must be begun within 5 years from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997; (2) that the footway width must be retained at 3 metres whilst the seating area is in use; and (3) that the table and chairs must be taken indoors when the premises are closed, conditions (2) and (3) being imposed in the interests of pedestrian safety on the footway.  As an amendment, Councillor Roach moved that planning permission be refused for the reasons detailed in the report.   On a vote, 3 Members voted for the amendment and 4 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 from the date of this permission, to comply with Section 58 of the Town and Country Planning (Scotland) Act 1997;

(2)      that the footway width must be retained at 3 metres whilst the seating area is in use; and

(3)      that the table and chairs must be taken indoors when the premises are closed, conditions (2) and (3) being imposed in the interests of pedestrian safety on the footway.

   546

ADVERTISEMENT APPLICATION

546

There was submitted a report dated 23 August 2004 by the Head of Planning Services on an application for the display of 3 internally illuminated free standing signs at Tesco Stores (Car Park) Dalrymple Street, Greenock (CA/04/34).

Decided:  that advertisement consent be refused as the proposed signs would create advertisement clutter, detrimental to the designed regime of signage at the supermarket and the quality of visual amenity that is currently enjoyed.

   547

TRAFFIC REGULATION ORDER - MINERVA TERRACE, GREENOCK

547

There was submitted a report by the Director of Corporate Services recommending the making of a Traffic Regulation Order to introduce one way only driving, generally eastbound in Minerva Terrace, Greenock from its junction with Braeside Road to Burns Road.

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 one way only driving, generally eastbound, in Minerva Terrace, Greenock from its junction with Braeside Road to Burns Road and thereafter that it be remitted to the Head of Transportation and Roads Service and the Director of Legal and Support Services to arrange for implementation of the Order.

   548

PROPOSED STOPPING UP ORDER - ANDERSON STREET, PORT GLASGOW

548

There was submitted a report by the Director of Corporate Services recommending the making of a Stopping Up Order to stop up a section of Anderson Street, Port Glasgow subject to no objections being received.  

Mr Douglas advised the Committee that no objections to the proposal had been received.

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 a section of Anderson Street, Port Glasgow and thereafter that it be remitted to the Head of Transportation and Roads Service and the Director of Legal and Support Services to arrange for implementation of the Order.

   549

PROPOSED STOPPING UP ORDER - SHORE STREET, PORT GLASGOW

549

There was submitted a report by the Director of Corporate Services recommending the making of a Stopping Up Order to stop up a section of Shore Street, Port Glasgow subject to no objections being received.  

Mr Douglas advised the Committee that no objections to the proposal had been received.

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 a section of Shore Street, Port Glasgow and thereafter that it be remitted to the Head of Transportation and Roads Service and the Director of Legal and Support Services to arrange for implementation of the Order.

   550

PLANNING APPEAL - DUNEDIN, PORT GLASGOW ROAD, KILMACOLM

550

There was submitted a report by the Head of Planning Services advising that following the decision of the Planning and Traffic Management Sub-Committee at the meeting held on 1 October 2003 to refuse planning permission for the erection of a garage at Dunedin, Port Glasgow Road, Kilmacolm  (IC/03/118R) 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.

Noted