Planning & Traffic Management Committee

Wednesday 4 May 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.

409

PLANNING APPLICATION SUBMITTED FOR CONTINUED CONSIDERATION

409

There was submitted a report dated 21 April 2005 by the Head of Planning Services on an application by Mr & Mrs Perry for the erection of a house at The Lodge, Hazelmere Road, Kilmacolm (IC/04/423R), consideration of which had been continued from the meeting held on 2 February 2005.

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 no development shall commence until samples of all external materials have been submitted to and approved by the Head of Planning Services in writing; development shall thereafter proceed utilising the approved materials unless the Head of Planning Services gives his prior written approval to any alterations, to ensure the use of materials compatible with this locality;

(3)      that no development shall commence until fully detailed protection measures for the trees within the site have been submitted to and approved in writing by the Head of Planning Services: the approved protection measures shall be retained in situ for the duration of the construction works; and

(4)      that any trees damaged as a result of the construction works shall be replaced in the first planting season following completion of the house with a similar specimen unless the Head of Planning Services gives his prior approval in writing to any alterations, conditions (3) and (4) being imposed to ensure the provision of a mature landscape setting for the house.

410

PLANNING APPLICATIONS

410

There were submitted reports by the Head of Planning Services on the following applications which were submitted, together with letters of objection or support where submitted, and dealt with as follows:-

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(a)

Proposed Alterations and Extension to House:

33 Leapmoor Drive, Wemyss Bay (IC/05/115)

410

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 1998; and

(2)      that no development shall commence until samples of all external materials have been submitted to and approved by the Head of Planning Services in writing; development shall thereafter proceed utilising the approved materials unless the Head of Planning Services gives his prior approval in writing to any alternative, to ensure a choice of materials compatible with the requirements of the Wemyss Bay Castle Site Design Brief.

(b)

Change of Use of Shop Unit (Class 1) to Use as

Coffee Shop (Class 3):

24 Union Street, Greenock (IC/05/080)

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

(1)      that the development hereby permitted 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 deep fat frying is to be carried out within the premises, to prevent odour nuisance to surrounding residential properties in the absence of a flue to discharge cooking odours to ridge height; and

(3)      that the use hereby permitted shall only operate between the hours of 8am to 10pm daily, to limit the potential impact of any noise and activity on nearby residents.

(c)

Formation of Rear Extension to Dwellinghouse to Form

Garage and Balcony:

29 Bentinck Street, Greenock (IC/04/401R)

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; and

(2)      that access to the garage hereby permitted be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide, to comply with the Council's Roads Development Guide.

(d)

Erection of Detached House (in outline):

Parkhill Farm, Old Greenock Road, Port Glasgow (IC/05/047)

Decided:  that, subject to the conclusion of a Section 75 Agreement in terms of the Town and Country Planning (Scotland) Act 1997 restricting occupancy of the dwellinghouse to a person actively engaged in the equine and martial arts business on the site, planning permission be granted subject to the following conditions:-

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(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:-

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(a)      the siting, size, height, design and external appearance of the proposed development;

(b)      details of the access arrangements;

(c)      details of landscaping of the site;

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

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

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

(iii)      the expiration of 6 months from the date on which an appeal against such refusal was dismissed whichever is the latest:

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 no later than the expiration of 5 years from the date of this permission or within 2 years from the final approval of reserved matters, whichever is later, conditions (1), (2) and (3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(4)      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 protect adjacent properties from the effects of flooding; and

(5)      that access to and from the application site shall be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide before the dwellinghouse hereby permitted is occupied, in the interest of road safety.

(e)

Proposed Erection of Replacement Store:

Alex McKay Construction, Clune Brae, Port Glasgow (IC/05/017R)    

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 1998; and

(2)      that no development shall commence until a sample of the grey profiled cladding has been submitted to and approved by the Head of Planning Services in writing; development shall thereafter proceed utilising the approved cladding unless the Head of Planning Services gives his prior approval in writing to any alternatives, to ensure a choice of material compatible with this part of Clune Brae.

(f)

Proposed Formation of all Weather Tennis Court and

Associated Landscaping:

North Denniston, Kilmacolm (IC/05/092)

The report recommended that planning permission be refused for the reason detailed in the report.

After discussion, Councillor Forbes moved that planning permission be refused for the reason detailed in the report.   As an amendment, Councillor Hunter moved that planning permission 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 proposed tennis court, associated tall boundary treatment, extensive low level lighting and raised planter bed would combine to create an intrusive element harmful to the countryside on the Greenbelt edge of Kilmacolm and contrary to:-

(1)      Policy SP1 in the Glasgow & The Clyde Valley Joint Structure Plan 2000;

(2)      Policy Ena in the Inverclyde Local Plan; and

(3)      Policy DS8 and DS9 in the Inverclyde Local Plan First Review Final Draft.

(g)

Construction of Dwellinghouse:

Knapps, Houston Road, Kilmacolm (IC/05/013)

Decided:  that planning permission be refused as the proposed development is contrary to:-

(1)      Policy HR14 of the First Review, Final Draft of the Inverclyde Local Plan in that it will adversely affect the setting of and principal views from Knapps; and

(2)      Advice on preserving the setting of listed buildings in the Memorandum of Guidance on Listed Buildings and Conservation Areas in that it will adversely affect the setting of and principal views from Knapps.

411

PLANNING APPEAL - AILEYMILL GARDENS, GREENOCK

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There was submitted a report dated 19 April 2005 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 2 February 2005 to refuse outline planning permission for the erection of a house at Aileymill Gardens, Greenock (IC/04/418R), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

412

PLANNING APPEAL - 33 TOWER DRIVE, GOUROCK

412

There was submitted a report 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 the formation of a rear dormer extension at 33 Tower Drive, Gourock (IC/04/279) 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 dismiss the appeal.

Noted