Planning & Traffic Management Committee

Wednesday 1 February 2006 at 3.00 pm

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

Chair:  Councillor Forbes 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 Gallacher.

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

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PLANNING APPLICATIONS

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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)

Change of Use of Restaurant to Restaurant and Public House

Together with Alterations to Form Link to Rear Store:

Ristorante Liguria, 4 St James Terrace, Kilmacolm (IC/05/419)

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

The Head of Planning Services referred to a letter from the applicant’s agent requesting continuation of the application.

Decided:  that, at the applicant’s request, consideration of the application be continued to allow the applicant the opportunity to consider the matter further.

(b)

Proposed Erection of 16 Flats:

37 Roxburgh Street, Greenock (IC/05/450)

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 no development shall commence until samples of all external materials have been submitted to and approved in writing by the Head of Planning Services, development thereafter shall proceed utilising the approved materials unless the Head of Planning Services given his prior written approval to any alternatives, to ensure the use of materials compatible with the adjoining new build flats;

(3)      that none of the flats shall be occupied until the parking layout detailed on docquetted drawing 1969-PL-01 has been completed, in the interests of road safety on Roxburgh Street and Trafalgar Street; and

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(4)      that no development shall commence until evidence has been submitted to the Head of Planning Services that agreement has been reached between the applicant and Scottish Water regarding the provision of drainage facilities and water supply to the 16 flats, to ensure that adequate drainage and water supply are provided for the 16 flats.

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(c)

Proposed Erection of 120 Houses:

Branchton Road/Kirkwall Road, Greenock (IC/05/327R)

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 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 thereafter shall proceed utilising the approved materials unless prior written approval is given to any alternatives, to ensure a continuity of materials with the built form of Branchton;

(3)      that no development shall commence until details of arrangements for the future maintenance of the hillside to south of Area B shown on drawing AL(0)003C have been submitted to the Head of Planning Services and approved in writing, to ensure that the hillside is maintained in perpetuity;

(4)      that no development shall commence until evidence is submitted to the Head of Planning Services and approved in writing that agreement has been reached with Scottish Water regarding the provision of drainage and water supply to serve the development, to ensure the provision of adequate water supply and drainage facilities;

(5)      that the treatment of surface water shall be in accordance with the SUDS Design Manual for Scotland and Northern Ireland, details of same being submitted for the prior written approval of the Head of Planning Services in consultation with SEPA, in the interest of the provision of a sustainable drainage system;

(6)      that no development shall commence until an investigation into potential contamination on the site has been submitted for the written approval of the Head of Planning Services in consultation with SEPA, in the event that contamination is found on the site a scheme of remediation shall be submitted for the written approval of the Head of Planning Services in consultation with SEPA and the approved scheme of remediation shall be implemented prior to the construction of any houses on site, to prevent harm from pollution;

(7)      that  no development shall commence until Drainage Impact Assessments in respect of Areas A & B and a Flood Risk Assessment in respect of Area B have been submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Transportation and Roads Service, any requirements arising from the Flood Risk Assessment and Drainage Impact Assessments shall be implemented prior to the houses being occupied, to prevent harm from flooding and in the interest of road safety on Branchton Road and Kirkwall Road;

(8)      that traffic calming shall be provided within the development within two months of the completion of construction work, details of same being submitted for the prior written approval of the Head of Planning Services in consultation with the Head of Transportation and Roads Service;

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(9)      that no development shall commence until details of road and driveway gradients, road geometry and visibility splays have been submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Transportation and Roads Service, conditions (8) and (9) being imposed in the interests of road safety within the development; andj

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(10)    that the approved scheme of landscaping shall be implemented in the first planting season following completion of the houses, any specimens that in the subsequent 5 years die, become diseased or are damaged shall be replaced with a similar specimen in the first available planting season unless the Head of Planning Services has given his prior written approval to any alternatives, to ensure the provision of a sustainable and quality landscaping scheme.

(d)

Erection of Dwellinghouse and Garage (in outline):

Plot A, Shambala, Cloch Road, Gourock (IC/05/349)

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

The Convener referred to a letter from the applicant's agent requesting that the application be withdrawn.

Decided:  that it be noted that the application had been withdrawn.

(e)

Erection of Dwellinghouse and Garage (in outline):

Plot B, Shambala, Cloch Road, Gourock (IC/05/350)

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

(1)       that 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;

(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 the grant of outline permission;

(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 earlier appeal against such refusal was dismissed;

whichever is the latest, and provided only one 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 later, conditions (1), (2) and (3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

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(4)      that, notwithstanding the details required in condition (1) above, no building to be erected on the site shall exceed a height of 1½ storeys, to ensure the built context provided by the adjacent dwellings and in the interests of the privacy and visual amenity of the occupants of these dwellings;

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(5)      that prior to the start of any work on the site, baseline information on the present use of the site by wildlife must be made, this must include a survey of the presence and use by European Protected Species Ò(EPS) such as bats.   Suitably experienced surveyors should carry out such work at the appropriate season and the results submitted to the Head of Planning Services.   If bats are found to be using trees likely to be affected by development then Scottish Natural Heritage should be consulted and a licence obtained from the appropriated Scottish Executive Department.   A licence is required from SNH before undertaking certain surveys on EPS who should be consulted prior to commencement of such work on any suitable trees to be removed or affected by the proposal should be carried out in a manner that would allow any bats to escape and undertaken during the least sensitive season for bats;

(6)      that no tree felling, lopping or scrub clearance should take place within the main bird breeding season March to June inclusive without the permission of the Head of Planning Services;

(7)      that existing trees within and adjacent to the site which are not to be felled or lopped as part of the proposals should be protected in line 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).   Details shall be submitted to and agreed by the Head of Planning Services indicating how these are to be protected during the construction work;

(8)      that any formal or informal footpaths on the site likely to be affected by the proposals should be protected during construction and, if these are to be severed, they should be re-routed and reinstated to the same or better condition;

(9)      that provision should be made in landscaping around the proposed building for reinstatement of trees;

(10)    that any landscape planting undertaken shall comprise native locally appropriate species so as not to compromise the integrity of the adjacent area of woodland, conditions (5)-(10) being imposed in the interests of nature conservation, visual amenity and to ensure species protection in compliance with the requirements of the Conservation (Natural Habitats) Regulations 1994; and

(11)    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).   Any reserved matters application shall be accompanied by details of such a scheme and maintenance arrangements for the scheme, to control the drainage of water from the site to help prevent flooding.

(f)

Proposed Extension to Verandah:

28 Carnoustie Avenue, Gourock (IC/05/442)

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 no development shall commence until a sample facing brick has been submitted to and approved by the Head of Planning Services in writing, development thereafter shall proceed utilising the approved brick unless the Head of Planning Services gives his prior written approval to any alternative, to ensure a continuity with the brick finish of the house; and

(3)      that prior to the use of the verandah, a 1.8m high side screen shall be erected in the position marked in blue on the approved plan, in the interests of privacy of the occupiers of 30 Carnoustie Avenue.

(g)

Extension of School to Provide Two Classrooms and Gym Hall:

Inverkip Primary School, Station Road, Inverkip (NI/05/016)

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.

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PLANNING APPEAL - 45 VICTORIA ROAD, GOUROCK

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There was submitted a report dated 13 January 2006 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 7 December 2005 to refuse listed building consent for the replacement of external timber facings with brown upvc at 45 Victoria Road, Gourock (LB/05/26), an appeal against the refusal of listed building consent had been made to the Scottish Ministers.

Noted

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PLANNING APPEAL - THE CORRIE, HOUSTON ROAD, KILMACOLM

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There was submitted a report dated 11 January 2006 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 5 October 2005 to refuse planning permission to erect a gatehouse within the grounds of The Corrie, Houston Road, Kilmacolm (IC/05/277), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

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PLANNING APPEAL - FLORENCE DRIVE, KILMACOLM

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There was submitted a report dated 13 January 2006 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 (amendment to planning permission IC/03/265R) at Florence Drive, Kilmacolm (IC/05/182) 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

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PLANNING APPEAL - BURNHEAD MOOR, GREENOCK

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There was submitted a report dated 12 January 2006 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 continued temporary siting, for a period of 12 months, of an anemometer mast at Burnhead Moor, Greenock (IC/05/052) 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 and grant planning permission for a further 12 months until 14 December 2006.

Noted

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PLANNING APPEAL - 65 UNION STREET, GREENOCK

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There was submitted a report dated 11 January 2006 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 3 August 2005 to grant planning permission to reinstate a chimney and replace windows at 65 Union Street, ‚Greenock, permission being conditional on approval not being given to the window at 65C (IC/05/253) 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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PLANNING APPEAL - CARDELL, WEMYSS BAY ROAD, WEMYSS BAY

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There was submitted a report dated 13 January 2006 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 5 houses (in outline) to the rear of Cardell, Wemyss Bay Road, Wemyss Bay (IC/01/2R) 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 and grant outline planning permission subject to conditions.

Noted

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SEVENTH ANNUAL REPORT OF THE SCOTTISH EXECUTIVE’S

PLANNING AUDIT UNIT

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There was submitted a report dated 11 January 2006 by the Head of Planning Services on the Seventh Annual Report of the Scottish Executive’s Planning Audit Unit covering the period October 2003 to September 2004 which indicated that Inverclyde Council was one of the best performing authorities in Scotland with regard to the determination of planning applications, lying in overall sixth position.

Decided:

(1)      that the Committee note the findings of the annual report; and

(2)      that the Committee’s congratulations be conveyed to all staff in Planning Services.