Planning & Traffic Management Committee

Wednesday 1 March 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 APPLICATION SUBMITTED FOR CONTINUED CONSIDERATION

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There was submitted a report dated 15 February 2006 by the Head of Planning Services on an application by A B Hamilton for residential development (in outline) at the site of the Ramada Jarvis Hotel, Cloch Road, Gourock (IC/05/340), consideration of which had been continued from the meeting held on 11 January 2006 pending further consideration.   The report recommended that planning permission be granted subject to a number of conditions.

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

(1)      as tourism is a growth sector of the economy of Inverclyde and the proposed residential development would result in the loss of an important hotel, leisure and function suite facility which would be detrimental to the Council's policy of making Inverclyde a more important tourist destination;

(2)      as the proposal would have an adverse impact on the local economy as the hotel would not be available for business use;

(3)      as the proposed residential development would result in increased traffic movements on Cloch Road and through Gourock Town Centre which would exacerbate existing traffic and road safety concerns; and

(4)      as the original planning permission for hotel use was granted on the basis of encouraging tourism otherwise development and the exceptional release of land within the Greenbelt at this westernmost location would not have been permitted.

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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:-

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(a)

Residential Development (in outline):

Tennis Courts to the West of the Ramada Jarvis Hotel,

Cloch Road, Gourock (IC/05/436)

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The report recommended that the application be referred to the Scottish Ministers under the terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 recommending that planning permission be granted in outline subject to a number of conditions.

Decided:

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

(1)      as tourism is a growth sector of the economy of Inverclyde and the proposed residential development would result in the loss of an important hotel, leisure and function suite facility which would be detrimental to the Council's policy of making Inverclyde a more important tourist destination;

(2)      as the proposal would have an adverse impact on the local economy as the hotel would not be available for business use;

(3)      as the proposed residential development would result in increased traffic movements on Cloch Road and through Gourock Town Centre which would exacerbate existing traffic and road safety concerns;

(4)      as the original planning permission for hotel use was granted on the basis of encouraging tourism otherwise development and the exceptional release of land within the Greenbelt at this westernmost location would not have been permitted;

(5)  as the proposed development would be contrary to Strategic Policies 1 and 9 of the Glasgow and Clyde Valley Joint Structure Plan 2000 as it would represent encroachment into the Greenbelt and there is no justification for additional housing in the Greenbelt when assessed against the demand and effective supply of owner occupied housing land;

(6)  as the proposed development would be contrary to Policy DS8 of the Inverclyde Local Plan 2005 as it represents unacceptable development in the Greenbelt; and

(7)  as the proposed development would be contrary to Policy DS10 of the Inverclyde Local Plan 2005 in that it fails to meet the terms of criteria (a), (b), (c), (d), (e) and (i);  and

(b)  that the Committee's concerns regarding the potential to rescind the existing Section 50 Agreement under the Town and Country Planning (Scotland) Act 1972 requiring that "the subjects will be used solely as tennis courts in all time coming and for no other purpose whatsoever and no buildings or erections of any kind...” be noted.

(b)

Proposed Erection of Conservatory:

18 Knockdhu Place, Gourock (IC/06/014R)

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 the conservatory shall not be occupied until a 1.8m high screen fence has been erected along the side boundary with the back garden of Plot 51:  details of same being submitted for the prior written approval of the Head of Planning Services, to prevent overlooking of the rear garden at Plot 51 and to accord with the requirements of the Council’s PPAN No.7; and

(3)      that the base course shall be constructed in materials matching those of the house under construction on the plot, to ensure compatibility with the finishes of the house and in the interests of visual amenity.

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(c)

Alterations and Extension to Dwellinghouse:

4 Clachaig Place, Gourock (IC/05/449)

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Decided:  that planning permission be granted.

(d)

Side Extension to Dwellinghouse and Formation of Larger Balcony

(Amendment to Planning Permission IC/04/163) (in retrospect):

53 Taymouth Drive, Gourock (IC/06/013)

The report recommended that planning permission be refused as the proposed balcony by virtue of its location and size would allow the opportunity to undertake a range of functions over extensive periods of day and evening to an extent that the activity may impinge upon the enjoyment of neighbouring properties to the detriment of the amenity of neighbouring residents, as such the proposed balcony would not be in accordance with the guidance and advice contained within Policies H1 and H15 of the Inverclyde Local Plan 2005 and the Council’s Planning Practice Advice Note Number 9 on Balconies.

After discussion, Councillor Hunter moved that planning permission be granted.   As an amendment, Councillor Forbes moved that planning permission be refused for the reason detailed in the report.   On a vote, 3 Members voted for the amendment and 4 for motion which was declared carried.

Decided:  that planning permission be granted.

(e)

Erection of Two Storey Rear Extension:

28 Turnberry Avenue, Gourock (IC/05/456)

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; and                                                                           

(2)      that the proposed accommodation herein approved shall be used solely as an extension to the existing dwellinghouse and not as a separate dwellinghouse, to prevent the accommodation approved being used as a separate dwelling.

(f)

Installation of 12 Metre High Streetworks Pole with Associated Cabinets:

McInroy's Point, Cloch Road, Gourock (IC/06/002)

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 in the event that the equipment becomes obsolete or redundant it must be removed and the site reinstated to the satisfaction of the Head of Planning Services within two months, to minimise the effect on the immediate area and ensure the reinstatement of the site to a satisfactory standard;

(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 Hilltop Road;

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(4)      that the detailed specification of all the elements including associated equipment, housing cabinets and cabling shall be approved in writing by the Head of Planning Services prior to their construction and shall not be altered unless agreed in writing; and

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(5)      that no symbols, sign, 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 small ˜signage necessary for operational reasons, conditions (3), (4) and (5) being imposed to minimise the level of visual intrusion and protect the quality and character of Cloch Road as far as practicable.

(g)

Erection of 14 Flats and New Clubhouse:

Fort Matilda Playing Fields, Octavia Terrace, Greenock (IC/05/402R)

The report recommended that the application be referred to the Scottish Ministers under the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 recommending that planning permission be granted subject to a number of conditions.

Decided:  that consideration of the application be continued to allow the Head of Planning Services the opportunity to assess additional information received.

(h)

Alterations to Dwellinghouses to Incorporate Rear Balconies and Side Windows

(Amendment to Planning Permission IC/05/252):

Lyle Road, Greenock (IC/05/435)

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; and

(2)      that prior to each of the dwellinghouses forming part of this permission being occupied, a 1.8 metre high visually impermeable screen shall be fitted to the north elevation of each of the approved balconies. Details of the screens to be used shall be submitted to and approved in writing by the Head of Planning Services prior to their use, in the interests of the privacy of adjacent residents.

(i)

Erection of 40 Flats and Creation of 59 On-Street Car Parking Spaces:

52 Finnart Street/19 Robertson Street, Greenock (IC/05/315R)

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 samples of all facing materials shall be submitted to and approved in writing by the Head of Planning Services before their use and, for the avoidance of doubt, a dry dash finish shall not be used, to ensure the appropriateness of these materials to the Conservation Area;

(3)      that none of the flatted dwellings hereby permitted shall be occupied until the on-street parking scheme and the lower ground floor/basement floor parking hereby approved have been carried out, to ensure the provision of adequate car parking spaces;

(4)      that access to the site shall be taken via a footway crossover constructed in accordance with the Council’s Roads Development Guide;

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(5)      that the pend hereby permitted shall be a minimum of 4.5 metres wide and 2.1 metres high, conditions (4) and (5) being imposed to ensure the provision of adequate vehicular access facilities;

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(6)      that the footway along the frontages of the site shall be made up where presently crossed by dropped gkerbs before the first of the flatted dwellings hereby permitted is occupied, to ensure the provision of safe and adequate pedestrian facilities;

(7)      that prior to the commencement of any site works, a comprehensive contaminated land investigation shall be submitted to and approved in writing by the Head of Planning Services.  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 arising from previous site uses have been fully assessed;

(8)      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;

(9)      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;

(10)    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;

(11)    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;

(12)    that full details of the soft landscaping scheme shall be submitted to and  approved in writing by the Head of Planning Services prior to its implementation.   For the avoidance of doubt, the scheme approved in terms  of this condition shall be implemented prior to any of the  ground floor flats being occupied, to ensure the provision of an adequate landscaping scheme; and 

(13)    that construction of the flatted dwellings hereby permitted shall not commence until the applicant has submitted documentation to confirm that the owners of the railway tunnel below the site are satisfied as to the  acceptability of any additional load bearing on the tunnel, in the interests of the safety of future residents.

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(j)

Erection of Rear Extension to Dwellinghouse:

4 Newark Avenue, Greenock (IC/05/441)

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The report recommended that planning permission be refused as the proposed extension by virtue of its location and size would unacceptably impact on the light to the neighbouring property, to the detriment of the amenity of the neighbouring residents, as such the proposal is not in accordance with the guidance contained within Policy H15 of the Inverclyde Local Plan 2005, and the Council’s Planning Practice Advice Note Number 7 on House Extensions.Ö

Decided:  that the application be withdrawn pending revisal of the proposal by the applicant and that it be noted that, thereafter, the Head of Planning Services may be able to deal with the application under the powers delegated to him.

(k)

Change of Use from Public House and Nightclub to Nightclub:

1-3 West Stewart Street, Greenock (IC/06/006)

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 all mechanical ventilation plant shall be suitably isolated from the structure of the building and where fan units are positioned in a ducted system they shall be isolated from the ducting by means of a flexible connection, to  minimise structure borne noise or vibration within the building; and

(3)      that any noise produced from the development shall not give rise to noise levels in excess of 35dB(A) in bedrooms of nearby housing between the hours of 2300 and 0700, to ensure that no noise from the development shall be audible in nearby housing.

(l)

Proposed Erection of 90 Bed Care Home:

Former Kincaid's Engine Works, off Ratho Street, Greenock (IC/05/337)

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 evidence has been exhibited to the Head of Planning Services that agreement has been reached between the applicant and Scottish Water regarding the provision of a drainage and water scheme to serve the development, to ensure the provision of adequate drainage and water facilities for the development;

(3)      that surface water shall be treated in accordance with the principles of the Sustainable Urban Drainage Systems 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, to ensure the provision of a sustainable drainage system;

(4)      that no development shall commence until the method for dealing with any contamination on the site has been submitted to and approved in writing by the Head of Planning Services in consultation with SEPA and the Head of Environmental & Consumer Services;

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(5)      that the approved scheme to remediate contamination on the site shall be completed prior to the occupation of the care home, conditions (4) and (5) being imposed to prevent harm from pollution;

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(6)      that  all surface water run off shall be intercepted within the site;

(7)      that no development shall commence until a Flood Risk Assessment has been submitted to and approved in writing by the Head of Planning Services in consultation with the Head of Transportation & Roads Service, conditions (6) and (7) being imposed in the interest of road safety on the public roads adjoining the site;

(8)      that  no development shall commence until samples of all external materials have been submitted to and approved by the Head of Planning Services, development thereafter shall proceed utilising the approved materials unless the Head of Planning Services gives his prior written approval to any alternatives, to ensure a choice of materials compatible with the built form of this part of Greenock;

(9)      that no development shall commence until fully detailed landscaping proposals including details of all boundary treatments have been submitted to and approved by the Head of Planning Services;

(10)    that the approved scheme of landscaping shall be completed within the first planting season following completion of the care home and 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 gives his prior written approval to any alternatives, conditions (9) and (10) being imposed to ensure the provision of a quality landscaping scheme; and

(11)    that the care home shall not be occupied until the parking layout detailed on drawing 5-16/01 has been completed, to prevent obstructive parking on public roads.

(m)

Proposed Erection of 141 2 & 2 ½ Storey Houses:

Former Scott Lithgow Kingston Shipyard, Port Glasgow (IC/05/434)

Decided:  that, after the lodging with the Council of a bond to cover the cost of implementation of landscaping works, reserved matters be approved subject to the following conditions:-

(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 under mentioned 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 landscaping of the site;

(d)        details of the phasing of the component elements of this permission;

(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, and 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;

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(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 a reserved matters application(s) shall comply with the generalities of the approved master plan, to ensure accordance with the terms of this permission;

(5)        that prior to occupation of any part of the development, modifications to the A8 trunk road/Port Glasgow Road priority junction shall be constructed in accordance with the details that should be submitted to and approved by the Head of Planning Services, after consultation with the Scottish Executive - Trunk Roads Network Management Division (SE-TRNMDcô).  (The modifications shall include the installation of a traffic signal controlled junction arrangement to replace the existing priority junction arrangement, and shall be similar to the layout identified in Dougall Baillie Associates Drawing 04123 (08) 01).  The proposed traffic signal installation shall incorporate a MOVA control sy).  (The modifications shall include the installation of a traffic signal controlled junction arrangement to replace the existing priority junction arrangement, and shall be similar to the layout identified in Dougall Baillie Associates Drawing 04123 (08) 01).  The proposed traffic signal installation shall incorporate a MOVA control system, to ensure that the standard of junction layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished;

(6)        that no more than 300 residential units shall be constructed prior to modifications being provided to the A8 trunk road (realigned)/Kingston Access/Gallagher’s access roundabout.  The modifications shall include an increase to the entry width and flare length, and shall be similar to the layout identified in Dougall Baillie Associates Drawing 6a A8/Gallagher RP/Kingston Yard Roundabout.  The modifications shall be constructed in accordance with the details that should be submitted to and approved by the Head of Planning Services after consultation with the SE-TRNMD, to ensure that the standard of roundabout layout complies with current standards and that the safety of traffic on the trunk road is not diminished;

(7)        that there shall be no drainage connections to the trunk road drainage system to ensure that the efficiency of the existing drainage network is not affected and that the standard of construction is commensurate with that required within the road boundary;

(8)        that a fence of a type approved by the Head of Planning Services, after consultation with the SE-TRNMD, shall be provided prior to the occupation of the adjacent houses and maintained by the developer(s), or subsequent owner of the land along the boundary of the site with the A8 trunk road, to minimise interference with the safety and free flow of the traffic on the trunk road;

(9)        that before development on the site begins details of a footpath/cycle link between the development and existing footpath/cycle network shall be submitted to and approved in writing by the Head of Planning Services after consultation with the SE-TRNMD.  (The layout shall be similar to Dougall Baillie Associates Drawing 03144/1&2).  The path shall be completed prior to the occupation of the last house on the site, to ensure that facilities are provided for the pedestrians/cyclists that are generated by the development and that they may access the existing footpath system without interfering with the safety and free flow of traffic on the trunk road;

(10)      that no part of the development shall be occupied until a Travel Plan (TP) has been submitted to and approved in writing by the Head of Planning Services in consultation with the SE-TRNMD.  The TP will identify the measures to be provided, the system of management, monitoring, review, reporting, and the duration of the plan, to ensure consistency with the requirements of Scottish Executive Transport and Planning documents NPPG17 and PAN57;

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(11)      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 risk arising from previous site uses has been fully addressed;

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(12)      that where the risk assessment identified 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;Ô

(13)      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;

(14)      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;

(15)      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;

(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 drainage of water from the site to help prevent flooding;

(17)      that before occupation of the first of the dwellings hereby permitted, all site levelling works designed to address flooding issues shall be completed;

(18)      that all finished floor levels shall be a minimum of 5.5 metres above ordnance datum, conditions (17) and (18) being imposed to help ensure future home owners are protected from coastal flooding;

(19)      that no buildings shall be constructed above culverts, to ensure unrestricted access to the culverts for maintenance purposes;

(20)      that notwithstanding the terms of condition (1) above, full details of bunding along the boundaries of the site, particularly the southern boundary shall be submitted to and approved in writing by the Head of Planning Services, to ensure that noise concerns may be adequately addressed;

(21)      that details of a phasing plan for the provision of the local shop and pub/restaurant in relation to housing shall be submitted to and approved in writing by the Head of Planning Services, to help define the terms on which the permission is granted;

(22)      that the minimum garden size specified for large scale (infill) sites, public open space and location of play areas in PPAN No 3 shall apply to this development, to ensure the provision of adequate private open space in accordance with Council policy;

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(23)      that before construction begins on any of the dwellings hereby permitted, details of a railing along the river front shall be submitted to and approved in writing by the Head of Planning Services.  The railing shall be erected in accordance with a phasing plan to be approved in writing by the Head of Planning Services, in the interests of pedestrian safety and to ensure an acceptable level of design;

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(24)      that notwithstanding the terms of condition (1) above, the landscaping and design along the River Clyde boundary shall be sympathetic to its use by otters and shall incorporate an edge of semi-natural vegetation of appropriate design and width in line with advice from a suitably experienced ecological consultant, as the otter is a Protected European Species and due consideration has to be given to its environment;

(25)      that before development begins, a benthic survey shall be carried out to identify the species composition within the Kingston Basin if there is to be any alteration to the current water/land interface in the Kingston Dock and shore area, to ensure protection of specific species within the basin;

(26)      that the development shall adhere to flood risk advice provided by Section 7 of the environmental statement and best practice guidelines provided by the Scottish Environment Protection Agency (SEPA), to avoid flood risk being increased in areas of concern to wildlife;

(27)      that in order to protect the shoreline and estuarine waters from contamination during and after construction, working practices shall adhere to SEPA guidelines with regard to pollution prevention, storage and movement of materials such as waste, fuels and other potentially damaging materials and prevention of runoff, migration or leaching from the site into watercourses;

(28)      that details shall be submitted to and approved by the Head of Planning Services, prior to the commencement of any work on the site, which clearly identify all measures to control and minimise sediment run-off and erosion from the site and disturbance of contaminated sediments on the land;

(29)      that details shall be submitted to and approved by the Head of Planning Services, prior to the commencement of any work on the site, which clearly show the provision of bunded areas within impervious walls and floors for the storage of oils and chemicals, conditions (27), (28) and (29) being imposed in the interest of nature conservation and to protect vulnerable species on adjacent protected areas;

(30)      that no scrub or tree removal shall take place during the main bird breeding season of March to June inclusive unless with the approval of the Head of Planning Services.  Any earthworks taking place at this time should be preceded by a survey of the area by a suitably experienced surveyor for the presence of nesting birds, to protect breeding species of bird;  and

(31)      that a landscape management plan shall be submitted to and approved by the Head of Planning Services, before any landscaping works take place, detailing the following:

(a)        a management regime for the areas between the proposed development and the shore;

(b)        measures to protect and enhance areas of the shore which currently provide foraging, roosting and nesting sites for birds and other wildlife including otters;

(c)        mitigation measures for the loss of any scrub areas currently used for these purposes;  and

(d)        provision of installing places of refuse for otters if approved by an ecological consultant,

to ensure long term maintenance of these areas.

(n)

Installation of 0.3m Diameter Dish and Antenna:

Heather Court, Court Road, Port Glasgow (IC/06/011)

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; and

(2)      that in the event that the equipment becomes obsolete or redundant it must be removed and the site reinstated to the satisfaction of the Head of Planning Services within two months, to ensure the reinstatement of the site to a satisfactory standard.

(o)

Proposed Alterations and Extension to House:

5 Victoria Gardens, Kilmacolm (IC/06/016R)

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; andÍ

(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 Service:  development thereafter shall proceed utilising the approved materials unless the Head of Planning Services gives his prior written approval to any alternatives, to ensure a choice of materials sympathetic to this part of Kilmacolm.

(p)

Non-Compliance with Condition 5(i) of Planning Permission IC/04/218

"That Roof Windows Shall Not be Installed on the Front Elevation":

Avenel, Knockbuckle Road, Kilmacolm (IC/06/023)

Decided:  that planning permission be granted.

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TREE ENFORCEMENT NOTICE APPEAL - LEVEN ROAD, WEMYSS BAY

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There was submitted a report dated 8 February 2006 by the Head of Planning Services advising that following the service of a Tree Enforcement Notice relative to the submission and implementation of an appropriate replanting scheme at Leven Road, Wemyss Bay, an appeal against the service of the Notice had been made to the Scottish Ministers.

Noted

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PLANNING APPEAL - DALLIEFOUR, BARCLAVEN ROAD, KILMACOLM

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There was submitted a report dated 7 February 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 outline planning permission for the erection of a house within the grounds of Dalliefour, Barclaven Road, Kilmacolm (IC/05/375), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

Noted

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PLANNING AND LISTED BUILDING CONSENT APPEALS -

MOUNT ZION CHURCH, QUARRIERS VILLAGE

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There was submitted a report dated 15 February 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 and listed building consent to convert Mount Zion Church into 12 flats and the relocation of an existing play area as part of the overall development (IC/03/394R,  IC/03/439 and LB/03/109R) and the subsequent appeals by the applicant to the Scottish Ministers against those refusals, the Reporter appointed by the Scottish Ministers had issued his decision which was to grant both planning permission and listed building consent for the conversion to residential use and planning permission for the relocation of the playground.

Noted

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PROPOSED STOPPING-UP ORDER - BOW FARM, GREENOCK

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There was submitted a report by the Solicitor to the Council recommending the making of an Order to stop-up lengths of roads at ‚Dee Street, Forth Street, Ness Road and Tweed Street, Greenock.

Decided:  that The Inverclyde Council be recommended to make a Resolution under the Roads (Scotland) Act 1984 in relation to a Stopping-Up Order to stop up lengths of roads at Dee Street, Forth Street, Ness Road and Tweed Street, Greenock and thereafter that it be remitted to the Head of Transportation and Roads Service and the Solicitor to the Council to arrange for implementation of the Order.