Planning & Traffic Management Committe

Wednesday 2 November 2005 at 3.00 pm

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

Chair:  Councillor Roach presided.

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

Apologies:  Councillor Forbes.

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.

876

PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

876

(a)

Erection of Dwellinghouse and Formation of New Access Road:

Dykefoot Farm, Kilmacolm (IC/05/114R)

There was submitted a report dated 14 October 2005 by the Head of Planning Services on an application by Mr J Smith for the erection of a dwellinghouse and formation of a new access road at Dykefoot Farm, Kilmacolm (IC/05/114R), consideration of which had been continued from the meeting held on 5 October 2005 for a site visit.

The report recommended that, subject to the applicant entering into a Section 75 Agreement under the Town & Country Planning (Scotland) Act 1997 restricting occupancy of the house to person(s) solely or mainly employed or last employed in the locality in agriculture or a dependant of such a person residing with him or her or a widow or widower of such a person, planning permission be granted subject to a number of conditions.

After discussion, Councillor Fyfe moved that planning permission be refused as (1) the proposal would result in an invasion of the green belt to the detriment of the amenity of the area;  and (2) the existing access to the site is substandard in that it is single track with few passing places and any increase in vehicular traffic on the road accessing the site would prejudice road safety.  As an amendment, Councillor Roach moved that planning permission be granted subject to the applicant entering into a Section 75 Agreement and the conditions detailed in the report.  On a vote 3 Members voted for the motion and 3 for the amendment.  There being equality in voting, the Chairman exercised his casting vote in favour of 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

876

Decided:  that, subject to the applicant entering into a Section 75 Agreement under the Town and Country Planning (Scotland) Act 1997 restricting occupancy of the house to person(s) solely or mainly employed or last employed in the locality in agriculture or a dependant of such a person residing with him or her or a widow or widower of such a person, planning permission be granted subject to the following conditions:-

C

876

(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 final colour of the wet dash render be submitted to and approved in writing by the Head of Planning Services prior to work commencing;

(3)       that details of the design of the external doors and windows shall be submitted to and approved by the Head of Planning Services prior to work commencing;

(4)      that a sample of the roof slate shall be submitted to and approved in writing by the Head of Planning Services prior to work commencing, conditions (2), (3) and (4) being imposed to ensure that the external finishes are appropriate for the locality;

(5)      that development shall not commence until details of hard and soft landscaping have been submitted to and approved in writing by the Head of Planning Services, details of the scheme shall include:-

(i)       the design, location and height of new fencing and gate;

(ii)      external finish to the driveway/turning area; and

(iii)      timescale for completion of works

to ensure that the development is completed in a satisfactory manner;

(6)      that full details of the two passing places, to include the extent of infilling and details of new fencing, shall be submitted to and approved in writing by the Head of Planning Services and fully implemented prior to the occupation of the dwellinghouse; and

(7)      that full details of the construction of the new access road shall be submitted to and approved in writing by the Head of Planning Services and fully implemented prior to the occupation of the dwellinghouse, conditions (6) and (7) being imposed in the interest of road safety.

(b)

Erection of 2 Dwellinghouses (Demolition of Existing):

Glenegdale, Broomknowe Road, Kilmacolm (IC/05/068R)

There was submitted a report dated 14 October 2005 by the Head of Planning Services regarding an application by Mr & Mrs Comerford for the erection of two dwellinghouses (demolition of existing) at Glenegdale, Broomknowe Road, Kilmacolm (IC/05/068R), consideration of which had been continued from the meeting held on 5 October 2005 for a site visit. 

The report recommended that planning permission be refused as the proposal contravenes Inverclyde Local Plan, First Review, Final Draft Policy H8 (f) as it is unacceptable in terms of the Council’s Roads Development Guidelines due to the deficiencies in the road and footpath at this part of Broomknowe Road.

Decided:  that consideration of the application be continued to allow the applicant to demonstrate that he has sufficient control of the land to enable him to undertake improvements to upgrade the footpath at Broomknowe Road between Castlehill Road and the site of the application prior to the Committee considering the application.

877

PLANNING APPLICATIONS

877

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

(a)

Erection of 4 One and a Half Storey Detached Dwellinghouses:

Land to West of Leven Road, Wemyss Bay (IC/05/325)

The report recommended that the Committee note the enforcement action against the tree felling on site and the pursuit of a replanting scheme and that planning permission be refused for a number of reasons.

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

(b)

Formation of Pedestrian Access:

Units 1 & 2 Fort Matilda Industrial Estate, Eldon Street, Greenock (IC/05/359)

The report recommended that planning permission be refused as the proposed pedestrian access would encourage vehicles to park/drop off passengers on Eldon Street rather than use the customer car park, thereby increasing opportunities for vehicular/pedestrian conflict and possibly vehicular congestion on Eldon Street and at the adjacent bus stop all to the detriment of road safety.

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

(1)      that the use of the pedestrian access gate hereby permitted shall cease on 10 May 2006, to allow a period of six months for an assessment to be made of the impact on road safety;

(2)      that details of a pedestrian route between the pedestrian access gate and the customer entrance to the building on site shall be submitted to and approved in writing by the Head of Planning Services and that any works required to implement the approved route shall be completed prior to the use of the pedestrian access gate commencing, to ensure that there is a safe route for pedestrians to cross the car park between the pedestrian site entrance on Eldon Street and the building entrance; and

(3)      that prior to the use of the pedestrian gate commencing, a pedestrian safety barrier, in the position indicated on the approved drawing 658.04, and to a design to be submitted to and approved in writing by the Head of Planning Services shall be erected, to prevent potential vehicle/pedestrian conflict at the pedestrian entrance.

(c)

Erection of New Wrought Iron Gates and Gate Posts:

Cedars School of Excellence, 31 Ardgowan Square, Greenock

(IC/05/283R & LB/05/019R)

Decided:

(a) that planning application IC/05/283R 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 before the development hereby permitted begins, samples of all materials to be used shall be submitted to and approved in writing by the Head of Planning Services, to ensure the use of materials appropriate to the conservation area and the listed building;

(3)      that the gates shall be constructed in such a manner that they may only open inwards, to avoid obstruction of the footway in the interests of pedestrian safety; and

(4)      that prior to the gates being erected, a footway crossover shall be constructed in accordance with the Council’s Roads Development Guide, to ensure the provision of adequate access facilities; and

(b) that listed building application LB/05/019R be referred to the Scottish Ministers in terms of Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 intimating the Council’s intention to grant listed building consent 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 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;

(2)      that before the development hereby permitted begins, samples of all  materials to be used shall be submitted to and approved in writing by the  Head of Planning Services, to ensure the use of materials appropriate to the conservation area and the listed building; and

(3)      that the gates shall be constructed in such a manner that they may only open inwards, to avoid obstruction of the footway in the interests of pedestrian safety.

(d)

Erection of Timber Fence:

Lochwinnoch Road Boundary, 2 Belmont Road, Kilmacolm (IC/05/356)

Decided:  that planning permission be refused as the proposed fence due to its design, height and position would have a detrimental impact on the character and visual quality of the streetscape of Lochwinnoch Road.

(e)

Alterations and Extensions to Park Cottages, Road Improvements,

Car Parking Provision and Shelter Refurbishment:

Birkmyre Park, Broomknowe Road, Kilmacolm (NI/05/114)

Decided: that the application be referred to the Scottish Ministers under the terms of the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981 recommending that planning permission be granted.

878

ADVERTISEMENT APPLICATION

878

There was submitted a report dated 14 October 2005 by the Head of Planning Services on an advertisement application by Mr R Giovanacci for the proposed erection of 4 sign board/poster holders (in retrospect) at Londis, Kip Park, Main Street, Inverkip (CA/05/023). 

The report recommended that advertisement consent be refused for a number of reasons.

After discussion, Councillor Hunter moved that advertisement consent be granted.  As an amendment, Councillor Roach moved that consent be refused for the reasons detailed in the report.  On a vote, 1 Member voted for the motion and 6 for the amendment which was declared carried.

Decided:  that advertisement consent be refused for the following reasons:-

(1)      as the unauthorised signage has introduced advertisement clutter harmful to the design of the new building to which it is affixed and detrimental to the quality of visual amenity that was previously enjoyed within Inverkip Conservation Area, all contrary to Policy DCr (v) of the Inverclyde Local Plan which requires the positioning and design of advertisements within conservation areas to be carefully controlled to ensure they are in keeping with the scale and character of the area within which they will be situated; and

(2)      as the unauthorised signage conflicts with Inverclyde Council Planning Practice Advice Note 13 (Shopfront Design) which limits shopfront signage to upper fascia in all instances and, within conservation areas, restricts the content to the name of the business with no extraneous logos permitted.

879

PLANNING APPEAL - FINNOCKBOG ROAD, INVERKIP

879

There was submitted a report dated 11 October 2005 by the Head of Planning Services advising that, following the decision of the Committee at the meeting held on 6 April 2005 to refuse planning permission for the erection of a house between "Seafield" and "Tall Trees", Finnockbog Road, Inverkip (IC/05/033), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

880

PLANNING APPEAL - 65 UNION STREET, GREENOCK

880

There was submitted a report dated 10 October 2005 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 3 August 2005 to refuse planning permission for replacement windows at 65C Union Street, Greenock (IC/05/253), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

881

PLANNING APPEAL - FLORENCE DRIVE, KILMACOLM

881

There was submitted a revised report dated 2 November 2005 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 3 August 2005 to refuse planning permission for the erection of a house at Florence Drive, Kilmacolm (IC/05/182), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

882

PLANNING AND LISTED BUILDING CONSENT APPEALS - MOUNT ZION CHURCH, QUARRIERS VILLAGE

882

There was submitted a report dated 10 November 2005 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 6 April 2005 to refuse planning permission and listed building consent to convert Mount Zion Church into 12 flats and planning permission to relocate an existing play area as part of the overall developmentÝ (IC/03/394R, IC/03/439 & LB/03/019R), appeals against the refusal of planning permission and listed building consent had been made to the Scottish Ministers.

Noted

883

ENFORCEMENT NOTICE APPEAL - IVYBANK, MAIN STREET, INVERKIP

883

There was submitted a report dated 10 October 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 the replacement of windows at three flats in Ivybank, Main Street, Inverkip (two in retrospect) (IC/04/298), and the service of two enforcement notices requiring window replacement following dismissal of the applicants’ appeal to the Scottish Ministers, notification had been received that an appeal against one of the enforcement notices had been made to the Scottish Ministers.

Noted