Planning & Traffic Management Committee

Wednesday 6 October 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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Miss Michelle McKnight

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It was noted that Miss McKnight, Managing Solicitor (Contracts/Conveyancing), would shortly be leaving the Council's employment and on behalf of the Committee the Convener conveyed his best wishes for the future.

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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)

Construction of Upgraded Access Road and Provision of Six

Serviced Housing Plots:

"Avenel", Knockbuckle Road, Kilmacolm (IC/04/218)

Partial Demolition of House (Garage and Porch) to Allow Temporary Site Access:

"Dun Eistein", Knockbuckle Road, Kilmacolm (IC/04/246)

Decided:

(a)  that planning permission be granted for planning application IC/04/218 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 at all times during the construction process a vehicular and pedestrian access shall be maintained to all existing and proposed dwellings served by an access road to at least the width of the existing access and shall be maintained to a standard ensuring unobstructed and safe access and without materials being carried onto Knockbuckle Road, to provide adequate vehicular and pedestrian access facilities during the construction phase;

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(3)      that the access road hereby approved shall be constructed to sealed final wearing course level on the date or before the date of the last of the dwellinghouses on the plots hereby approved being occupied, to provide adequate permanent vehicular and pedestrian access facilities;y

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(4)      that, for the avoidance of doubt, approval is only hereby given for the plots shown on the approved plans and not for the house types shown, as this is an outline application seeking approval only for the principle of development and not design matters;

(5)      that the dwellinghouses to be built on the approved plots shall comply with the following criteria:-

(a)      they shall not exceed a ground level to maximum ridge level of 12 metres;

(b)      they shall only include a third floor level if it is incorporated into the roof space;

(c)      external walls shall predominantly consist of white wetdash render finish with dressed stone feature details;

(d)      roof finishes shall be black or dark grey natural slate;

(e)      gutters and downpipes shall be cast iron;

(f)       windows and doors shall be hardwood and have a dark stained finish;

(g)      chimneys shall be built and have a render finish with metal cope details;

(h)      any walls to be built shall be finished in materials to match those used on the external walls of the adjacent house;

(i)       that roof windows shall not be installed on the front elevation;

(6)      that any detached garages shall be finished in materials to match those used on the roof and walls of the adjacent dwellinghouse, conditions (5) and (6) being imposed to ensure continuity in development in the interests of visual amenity;

(7)      that the floor level of the dwellinghouse to be built on Plot 3 shall be no less than 1 metre above the existing ground level within the ‘building zone’ shown on the approved plans, to protect the proposed dwellinghouses from any potential flooding of the Gill Burn;

(8)      that no additional surface water from Plots 5 and 6 shall discharge in a southerly direction from Plot 6 and that all roof water from these plots shall drain to the proposed surface water sewer located within the proposed roadway, to control run-off from the site and reduce flooding risks;

(9)      that no buildings shall be erected outwith the ‘building zones’ identified on the plans hereby approved, to protect adjacent trees and control the size and position of dwellings in the interests of continuity of development;

(10)    that permission is only hereby given for the removal of the trees specified on plan ‘Planning 1’;

(11)    that prior to any construction work starting on the site, tree protection measures in accordance 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) shall be put in place and remain in place until construction is complete, conditions (10) and (11) being imposed to ensure protection and retention of the majority of trees on the site;

(12)    that no tree felling, lopping or scrub clearance shall take place within the main bird breeding season of March to June inclusive, in the interests of wildlife in the area;

(13)    that prior to any replanting taking place, a full schedule of such replanting across the whole development site shall be submitted to and approved in writing by the Head of Planning Services.   This shall detail the height and species mix and, for the avoidance of doubt, shall consist of at least two trees for every tree to be removed, to ensure continuity with existing planting;

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(14)    that the tree planting approved in terms of condition (13) above shall be carried out within each plot during the planting season following occupation of the associated dwellinghouse with the exception of Plot 3.  Tree planting along the northern boundary of Plot 3 shall take place no later than the end of the first planting season following felling of the existing trees.  Any trees that die, are removed, damaged or become diseased within five years of planting shall be replaced within the following year with others of a similar size and species, to secure the approved replanting and to protect the privacy of adjacent properties;õ

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(15)    that management of the Gill Burn and the Gryffe shall follow best practice as outlined in the Scottish Environment Protection Agency Guidelines ‘Water Courses in the Community’, in the interests of wildlife in the area;

(16)    that all surface water drainage from the site shall be treated in accordance with the principles of the Sustainable Urban Drainage Systems Manual for Scotland and Northern Ireland (CIRIA, 2000), to control run-off from the site and reduce flooding risks;

(17)      that the new beech hedge and new fencing shown along the boundaries of the access lane with Framlington and the adjacent dwellinghouse in Millburn Drive shall be planted and erected upon completion of construction work on the adjacent lane and service verge and prior to construction work commencing on the first of the dwellinghouses hereby permitted.   The beech hedging shall be visually impenetrable;

(18)    that the new beech hedge and new fencing shown along the boundaries of the access lane with ‘Dun Eistein’ shall be planted and erected prior to ‘Dun Eistein’ being occupied, conditions (17) and (18) being imposed to secure the approved replanting and to protect the privacy of adjacent properties;

(19)    that in the eventuality that mud is carried onto Knockbuckle Road or the new access road during the construction phase of the development, a wheel wash facility shall be provided within the application site to a specification that prevents mud being carried onto either of the above roads, in the interests of amenity and avoidance of disruption to adjacent residents;

(20)    that an open space buffer of 2 metres width shall be provided between Plots 3 and 4 and the Gill Burn as measured from the east bank of the Burn.  The method of defining the garden boundaries of these properties shall be submitted to, approved by the Head of Planning Services and implemented prior to these dwellinghouses being occupied, to protect an important feature of the landscape and in the interests of the safety of adjacent residents, particularly any young children;

(21)    that construction work and tree felling shall only take place between the hours of 7.30am - 6.00pm, Mondays to Fridays and 8.00am - 4.00pm on Saturdays.   No construction work is to take place on Sundays or public holidays, to minimise noise disturbance to nearby residents at weekends and in the early evening/morning;

(22)    that the submitted Woodland Management Plan shall take effect upon first commencement of construction work, to ensure correct management of woodland on the site;

(23)    that immediately prior to work starting on or within 30 metres of the bank of the Gill Burn, this water course shall be surveyed for the presence of an otter holt or lying up place.  If an otter place of refuge is identified, Scottish Natural Heritage shall be contacted by the applicant and appropriate protection implemented with the agreement of the Head of Planning Services;

(24)    that with respect to the protection of badgers,

(a)      chemicals shall be stored safely and away from badger paths;

(b)      trenches must be covered at the end of each working day, or include a means of escape for any animal falling in;

(c)      any temporary exposed open pipes should be capped to prevent badgers gaining access;

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(d)      badger gates shall be installed in perimeter fencing if required by the appointed ecologist;

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(e)      trees shall be felled away from badger paths to avoid blocking these routes; conditions (23) and (24) being imposed to -minimise impacts upon those protected species;

(25)    that the existing ornamental ponds are maintained or a semi-natural wet land established in the location of the pond.  If the pond has to be removed an ecologist shall be contacted to remove the amphibians for relocation in a suitable alternative location, to ensure the protection of these species in the interests of promoting bio-diversity; and

(26)    that immediately prior to the demolition of ‘Avenel House’, the building shall be checked for the presence of bats using the building as a roost, to minimise impacts upon these protected species; and

(b)      that planning permission be granted for planning application IC/04/246 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 temporary access road hereby permitted shall be in use for no more than 28 days from the date of first use.  The applicant shall advise the Head of Planning Services of the date of first use, to minimise disruption to the adjacent property of ‘West Croft’ in the interests of residential amenity;

(3)      that full details of the surfacing of the road and the line of the route shall be submitted to and approved by the Head of Planning Services prior to the road being brought into use.  The road shall be constructed to the approved specification, to ensure adequate surfacing for users of the road; and

(4)      that the exposed gables of ‘Dun Eistein’ and ‘West Croft’ shall be protected during the period of exposure by a method to be approved in writing by the Head of Planning Services, to ensure that both properties do not sustain damage as a result of the proposed development.

(b)

Construction of Class 1 Foodstore and Associated Works:

Newark Street, Port Glasgow (IC/04/101)

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

After discussion, Councillor Hunter moved:-

(a) that the application be referred to the Scottish Executive under the Town & Country Planning (Notification of Applications) (Scotland) Direction 1997 as the size of the store (1720sq.m.) is deemed to be significant in terms of the Glasgow and Clyde Valley Joint Structure Plan (over 1000sq.m.) recommending that planning permission be granted subject to the following conditions together with a statement that the Council is minded to grant planning permission for the benefit of the inhabitants of Port Glasgow:-

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

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(2)        that no permission is granted for the proposed building materials detailed on the approved plans and development shall not begin until materials have been submitted to and agreed in writing by the Head of Planning Services.  Development shall thereafter be carried out using the approved materials or such alternatives as may be agreed in writing with the Head of Planning Services, to ensure that the development does not detrimentally affect the setting and prominence of the adjacent Gourock Ropeworks listed building;

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

(i)         existing and finished ground levels in relation to a fixed datum;

(ii)        location and design, including materials of walls, fences, gates and car parking and vehicle circulation areas;

(iii)       soft landscaping works, including location of new trees, shrubs and grassed areas, detailing species, plant sizes and proposed numbers/densities; and

(iv)       programme for completion and subsequent maintenance;

and that any trees or shrubs 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, to ensure an appropriate landscape setting for development;

(4)        that the Drainage Impact Study as submitted shall be implemented in full.   Any alteration to the approved study shall be submitted to and approved in writing by the Head of Planning Services prior to works being undertaken, to ensure that as a consequence of development there are no adverse impacts on the existing drainage system;

(5)        that prior to commencement of any site works, a comprehensive contaminated 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 Institution "The investigation of potentially contaminated sites - Code of Practice (BS 10175: 2001)".  The report must include a site-specific risk assessment of all relevant pollutant linkages, as required in Scottish Executive Planning Advice Note 33, to ensure potential risks from previous site uses have been fully assessed;

(6)        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 Head of Planning Services, to ensure the proposed remediation plan is suitable;

(7)        that 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;

(8)        that on completion of the 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 satisfaction of the Head of Planning Services;

(9)        that the presence of any previously unsuspected or unencountered contamination that becomes evident during the development of the site shall be brought to the attention of the Head of Planning Services within one week.  At this stage, a comprehensive contaminated land investigation shall be carried out if requested by the Head of Planning Services, to ensure all contamination within the site is dealt with; and

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(10)      that the store may not commence operation until such time as all works required by conditions (3) - (9) have been implemented in full to the satisfaction of the Head of Planning Services, to ensure that the development is complete with due regard to the design, townscape, road safety and public safety prior to the commencement of its operation; and

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(b)        that the Director of Corporate Services instigate the necessary Road Closure Order under Section 207 of the Town & Country Planning (Scotland) Act 1997 as incorporated within the proposed development and that, on confirmation of the Order, planning permission be granted.

As an amendment, Councillor Fyfe moved that planning permission be refused for the reasons detailed in the report.

On a vote, 2 Members voted for the motion and 4 for the amendment which was declared carried.  Those Members who had voted in favour of the motion then requested in terms of the relevant Standing Order that the matter be referred to The Inverclyde Council for decision in terms of the motion.

C

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

C

(1)      as the proposed development cannot be justified in terms of preferred land use, the sequential approach and retail capacity and impact and is therefore contrary to the following policies:

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

(ii)      Policy SAc of the Inverclyde Local Plan;

(iii)      Policies B2, R10 and DS4 of the First Review, Final Draft  of the Inverclyde Local Plan;

(iv)       Departure from the Development Plan cannot be justified under Strategic Policy 10 of the Glasgow and Clyde Valley Joint Structure Plan; and

(2)        as the proposed development is contrary to Scottish Executive advice on out of centre retail developments and is therefore contrary to the aims of NPPG 8.

(c)

Change of Use of Retail Shop (Class 1) to Hot Food Takeaway:

76 Belville Street, Greenock (IC/04/148R)

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

(1)      that the development hereby approved shall be commenced no later than 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 premises shall be open for business only between 1100 and 2200 hours, to safeguard the occupants of nearby housing from noise and disturbance late in the evening and early in the morning;

(3)      that before commencement of trading of the hot food takeaway, a litter bin  shall be provided outside the premises, the details of which shall be agreed in writing by the Head of Planning Services, and following installation shall remain on a permanent basis during the lifetime of the  use, to make adequate provision for the disposal of litter in the vicinity of the takeway unit; and

(4)        that the use permitted shall not begin until the flue and ventilation system, indicated on the approved plans, has been installed and is operational to the satisfaction of the Head of Planning Services.  The flue and ventilation systems shall thereafter be maintained and operational in accordance with the approved specifications, to protect nearby residents from nuisance resulting from the dispersal of cooking odours.

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(d)

Erection of 32 Semi-Detached Dwellings (in outline):

Luss Avenue, Greenock (IC/04/185)

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The report recommended that, subject to the prior lodging of an agreed payment of £15,000 in respect of a contribution towards play provision at a location deemed appropriate by the Head of Planning Services in consultation with the Director of Community Services, planning permission be granted subject to a number of conditions.

Decided:  that at the applicant's request consideration of the application be continued to the next meeting of the Committee.

(e)

Erection of New Fence:

18 Dellingburn Street, Greenock (IC/04/155R)

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

(f)

Two Storey Side Extension:

The Needle, Hillend Drive, Greenock (IC/04/175R)

Decided:  that planning permission be refused as the proposed design is (a)  an over development of the existing house and plot, (b) is detrimental to the existing quality of residential amenity in this part of Greenock and (c) fails to meet criteria (a) and (b) in Policy H8, criteria (a), (b), (c) and (d) in policy H15 of the Inverclyde Local Plan First Review, Final Draft and the design guidance within the Council’s PPAN 7 regarding proximity to adjoining properties.

(g)

Change of Use of Offices to Flats and Formation of Dormer Extensions:

11 William Street, Greenock (IC/04/238 & LB/04/019)

Decided:   

(a)        that planning permission be refused for the following reasons:-

(1)        as the proposed use as residential flats would be incompatible with the public house already present on the ground floor of the category B listed building and would result in late night noise and activity within and outwith the premises and to the detriment of the quality of residential amenity and, as such, would be contrary to policy H15(b) of the Inverclyde Local Plan First Review, Final Draft;

(2)        as, due to the scale and design of the proposed dormers, the proposal is contrary to policies DCm, DCn and ENj of the Inverclyde Local Plan, policy HR10 of the Inverclyde Local Plan First Review, Final Draft and Inverclyde Council’s Planning Practice Advice Note No.9 (Dormer Windows) and contrary to Historic Scotland’s Memorandum of Guidance on Listed Buildings and Conservation Areas;

(3)        as the proposal would be contrary to the Council’s Roads Development Guide in so far that it would not provide off street parking and as such would be contrary to policy H13(d) of the Inverclyde Local Plan First Review, Final Draft; and

(4)        as the proposed development does not include external bin storage, to the detriment of residential amenity; and

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(b)        that listed building consent be refused as, due to the scale and design of the proposed dormers, the proposal is contrary to policies DCm, DCn and ENj of the Inverclyde Local Plan, policy HR10 of the Inverclyde Local Plan First Review, Final Draft and Inverclyde Council’s Planning Practice Advice Note qNo.9 (Dormer Windows) and contrary to Historic Scotland’s Memorandum of Guidance on Listed Buildings and Conservation Areas.

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(h)

Alterations and Change of Use of Basement to Form Flat:

23 Forsyth Street, Greenock (IC/04/293)

The report recommended that planning permission be refused as the creation of additional windows on the front elevation of the building would have an adverse impact on the architectural integrity of the building and are not of a style that conserves the character of the Greenock West End Conservation Area and, as such, are contrary to Policy DCm of the Inverclyde Local Plan and to the guidance in Historic Scotland’s Memorandum of Guidance on Listed Buildings and Conservation Areas.  

Decided:  that consideration of the application be continued to allow the applicant  to carry out the neighbour notification required as a result of the submission of amended plans.

(i)

Erection of Dormer/Rear Extension and Detached Single Garage:

130 Inverkip Road, Greenock (IC/04/179)

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

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

(j)

Installation of 25m High Lattice Tower  with Three Antennas, Two 600 mm Dishes,

Two 300 mm Dishes, Radio Housing and Ancillary Works:

Earnhill Road/Earnhill Lane, Greenock (IC/04/303)

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

After discussion, Councillor McCormick moved that planning permission be refused as the siting of a mast at this location would be inappropriate due to the proliferation of masts in this vicinity.

As an amendment, Councillor Hunter moved that planning permission be granted subject to the conditions detailed in the report.

On a vote, 1 Member voted for the motion and 6 for the amendment 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 five years from 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 ensure the reinstatement of the site to a satisfactory level;

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(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 monopole shall be constructed underground with no electricity poles or other structures relating to the proposed power line linking the site, being visible above ground at Earnhill Road or Earnhill Lane;

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(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 for small signage necessary for operational reasons, conditions (3) - (5) being imposed to minimise the level of visual intrusion and protect the quality and character of Earnhill Road as far as practicable;

(6)        that the mast shall be structurally capable of being shared by additional radio telecommunication equipment, to enable potential mast sharing; and

(7)        that the site shall not be illuminated by lighting without the prior written approval of the Head of Planning Services, to minimise the level of visual intrusion and protect the quality and character of Earnhill Road as far as practicable.

(k)

Installation of Temporary 24.5 m High Tower with Three Antennas and Two Microwave Dishes Including Equipment Cabin and Generator:

National Semiconductor (UK) Ltd, Larkfield Industrial Estate, Earnhill Road, Greenock (IC/04/296)

Decided:  that planning permission be granted subject to the condition that the installation hereby authorised is removed at the expiration of a period of 12 months from the date of this permission and that any works required for the reinstatement of the land will be carried out to the satisfaction of the Council within a period of two months from the expiration of that period, in view of the temporary nature of the installation and the need to restore the site to its former condition.

(l)

Formation of Rear Dormer (Amendment to Planning Application IC/03/255):

2 Craigmuschat Road, Gourock (IC/04/318)

Decided:  that planning permission be granted.

(m)

Erection of Rear Extension:

8 Rodney Road, Gourock (IC/04/313)

Decided:  that planning permission be granted.

(n)

Alterations to Roof and Formation of Rear Dormer Extension:

33 Tower Drive, Gourock (IC/04/279)

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

(1)      as the proposals are contrary to Policy DCc(iii) of the Inverclyde Local Plan in that the roof alterations are not in keeping with the general character of the area and the buildings contained within the area in terms of scale and design;

(2)      as the proposals are contrary to Policy H8(a) and (b) of the Inverclyde Local Plan: First Review, Final Draft 2002 in that the proposals are not compatible with the character of the area in terms of design and would have an unacceptable visual impact on the site and its surroundings;

(3)        as the dormer element of the development does not accord with the design guidance offered in \PPAN9 in that the proposal does not reflect the architectural style of the building; and

(4)        as the proposal is contrary to the Scottish Executive Publication “Designing Places - A Policy Statement for Scotland”, in that the proposal does not present an appropriate design solution.

(o)

Installation of Replacement Windows in Three Flats (Two in Retrospect):

Ivybank, Main Street, Inverkip (IC/04/298)

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

(1)      as the replacement windows have an adverse impact on the visual and architectural integrity of the building and are not of a style that conserves the character of the Inverkip Conservation Area and, as such, are contrary to Policy DCm of the Inverclyde Local Plan; and

(2)      as the windows are contrary to the criteria for replacement windows set out in the Council’s Planning Practice Advice Note 11 on replacement  windows.

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PROPOSED REDETERMINATION OF MEANS OF EXERCISE OF PUBLIC RIGHT OF PASSAGE ORDER - A770 ROAD, GOUROCK

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There was submitted a report by the Director of Corporate Services recommending the making of a redetermination of means of exercise of public right of passage order to redesignate lengths of footway adjacent to the A770 Road, Gourock and Gourock Esplanade for shared use by cycles and pedestrians.

Decided:  that The Inverclyde Council be recommended to make a Resolution under the Road Traffic Regulation Act 1984 in relation to a redetermination of means of exercise of public right of passage order to redesignate lengths of footway adjacent to the A770 Road, Gourock and Gourock Esplanade for shared use by cycles and pedestrians and thereafter that it be remitted to the Head of Transportation and 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

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There was submitted a report dated 27 September 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 3 December 2003 to refuse planning permission for the erection of 11 flats at 24-34 Cardwell Road, Gourock (IC/03/220R) 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

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ADVERTISEMENT CONSENT AND ENFORCEMENT NOTICE APPEALS -

CAVE FLAVA, 74 KEMPOCK STREET, GOUROCK

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There was submitted a report dated 15 September 2004 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 7 April 2004 to grant advertisement consent for signage at Cafe Flava, 74 Kempock Street, Gourock (CA/04/004) subject to a condition not permitting the signage on the rear elevation and the service of an enforcement notice requiring its removal and the subsequent appeal by the applicant to the Scottish Ministers against the condition not permitting the signage on the rear elevation and the service of the enforcement notice, the Reporter appointed by the Scottish Ministers had issued his decision which was to dismiss both appeals.¯

Noted