Planning & Traffic Management Committee

Wednesday 2 February 2005 at 3.00 pm

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

Chair:  Councillor  Forbes presided.

In attendance:  Depute Chief Executive, Mr H McNeilly (for Head of Legal Services), Head of Planning Services and Mr A Bruce (for Head of Transportation & Roads Service).   

Apologies:   Councillor Mitchell.

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

   132

PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

132

There was submitted a report dated 18 January 2005 by the Head of Planning Services on applications by the Burrell Company for change of use of church to 12 flats including external alterations, formation of parking bays and access at Mount Zion Church, Quarriers Village (IC/03/394R & LB/03/019R) and relocation of existing playground at Quarriers Village (IC/03/439), consideration of which had been continued from the meeting held on 5 January 2005 for a site visit.

The report recommended that the listed building application  in respect of the change of use of the church to 12 flats including external alterations, formation of parking bays and access be referred to Historic Scotland recommending that listed building consent be granted subject to a number of conditions and that on authorisation from Historic Scotland to issue listed building consent planning permission be granted subject to a number of conditions and that planning permission for the relocation of the existing playground be granted subject to conditions.

Councillor McCabe and Provost Rebecchi were present and with consent spoke on the matter.

Decided:  that consideration of the applications be continued for a period of 6 months to allow alternative options for the use of the premises to be fully explored.

   133

PLANNING APPLICATIONS

133

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)

Erection of House:

The Lodge, Hazelmere Road, Kilmacolm (IC/04/423)

It was noted that this application had been withdrawn from the agenda.

(b)

Construction of 2 Bungalows (in outline):

Parkhill Farm, Old Greenock Road, Port Glasgow (IC/04/448)

It was noted that this application had been withdrawn from the agenda.

   133

(c)

Provision of a Lean-To Cat Box (in retrospect):

22C Esplanade, Greenock (IC/04/436)

133

Decided:  that planning permission be granted.

(d)

Alterations to Dwellinghouse Including Extension and

 Provision of Decking:

140 Newton Street, Greenock (IC/04/404)

Decided:  that planning permission be granted.

(e)

Erection of House (in outline):

Aileymill Gardens, Greenock (IC/04/383)

The report recommended that planning permission be refused as the proposal is contrary to Policy H8 of the Inverclyde Local Plan First Review Final Draft in that the proposal is unacceptable with reference to the Council’s Roads Development Guide due to the deficiencies of the road and footpath network within Aileymill Gardens.

Provost Rebecchi was present and with consent spoke on the matter.

After discussion, Councillor Hunter moved that planning permission be granted subject to the following conditions:-

(1)  this permission  is granted under the provisions of the Town & Country Planning (General Development Procedure) (Scotland) Order 1992 on an outline application and the further approval of the Council or 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 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 is dismissed;

whichever is the latest and provided only one such application may be made in the case after the expiration of the 3 year period mentioned in sub-paragraph (i) above; and 

(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 & Country Planning (Scotland) Act 1997.

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

On a vote, 2 Members voted for the motion and 5 for the amendment which was declared carried.

Decided:  that planning permission be refused as the proposal is contrary to policy H8 of the Inverclyde Local Plan First Review Final Draft in that the proposal is unacceptable with reference to the Council’s Roads Development Guide due to the deficiencies of the road and footpath network within Aileymill Gardens.

133

(f)

Erection of House:

Aileymill Gardens, Greenock (IC/04/418R)

133

The report recommended that planning permission be refused as the proposal is contrary to Policy H8 of the Inverclyde Local Plan First Review Final Draft in that the proposal is unacceptable with reference to the Council’s Roads Development Guide due to the deficiencies of the road and footpath network within Aileymill Gardens.

Provost Rebecchi was present and with consent spoke on the matter.

After discussion, Councillor Hunter moved that planning permission be granted subject to the condition that the materials to be used be submitted to and approved in writing by the Head of Planning Services prior to any development commencing on site, in the interests of visual amenity.

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

On a vote, 2 Members voted for the motion and 5 for the amendment which was declared carried.

Decided:  that planning permission be refused as the proposal is contrary to Policy H8 of the Inverclyde Local Plan First Review Final Draft in that the proposal in unacceptable with reference to the Council’s Roads Development Guide due to the deficiencies of the roads and footpath network within Aileymill Gardens.

(g)

Change of Use from Class 6 (Cash & Carry Warehouse) to

Class 11 (Family Leisure Centre):

Units 1 & 2 Fort Matilda Industrial Estate, Eldon Street, Greenock (IC/04/431)

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

The Head of Planning Services advised the Committee that the applicant had amended the application to address the traffic and pedestrian safety concerns following which the Head of Transportation & Roads Service and Strathclyde Police had withdrawn their objections to the proposal.   Accordingly, it was now recommended that planning permission be granted subject to a number of conditions including condition (3) that the use hereby permitted shall not operate between the hours of 9 pm and 9 am, to ensure that the proposed use has an acceptable impact on the amenity of nearby residential uses by way of noise, activity and traffic  movement.

After discussion, Councillor Roach moved that planning permission be granted subject to the conditions recommended by the Head of Planning Services.   As an amendment to condition (3), Councillor Forbes moved that the use hereby permitted shall not operate between the hours of 7 pm and 9 am, to ensure the proposed use has an acceptable impact on the amenity of nearby residential uses by way of noise, activity and traffic movement.

On a vote, 2 Members voted for the amendment and 4 for the motion which was declared carried.

Decided:

(a)  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 & Country Planning (Scotland) Act 1997;

(2)   that the buildings which are the subject of this permission shall be used as a family leisure centre in accordance with an internal layout to be approved in writing by the Head of Planning Services and for  no other use, notwithstanding the provisions of Class 11 of the Town & Country (Use Classes) (Scotland) Order 1992 as amended, to ensure that the proposed use has an acceptable impact on the amenity of nearby residential uses by way of noise, activity and traffic movement;

(3)  that the use hereby permitted shall not operate between the hours of 9.00 pm and 9.00 am, to ensure the proposed use has an acceptable impact on the amenity of nearby residential uses by way of noise, activity and traffic movement;

(4)  that prior to the use commencing full details of:-

(i)  the type of surface to be used in the pedestrian zone from the Battery Park pedestrian entrance to the building entrance;

(ii)    the type of surface and bollard details and locations from the estate entrance on Eldon Street to the building entrance;

(iii)   the entrance gate from Battery Park; and

(iv)   the fencing and gate arrangements to separate the car park from the industrial estate

shall be submitted to and approved by the Head of Planning Services, the works approved or any approved amendments thereto shall be implemented in full prior to the use commencing and maintained thereafter, to ensure that the use may be undertaken with proper regard to vehicular and pedestrian safety; and

(b)  that it be noted that in granting this permission the Council’s ownership position regarding the provision of a pedestrian gate onto Battery Park is not prejudiced.

134

PLANNING APPEAL - 33 TOWER DRIVE, GOUROCK

134

There was submitted a report dated 6 January 2005 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 6 October 2004 to refuse planning permission for alterations to the roof and formation of a rear dormer extension at 33 Tower Drive, Gourock (IC/04/279), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted