Planning & Traffic Management Committee

Wednesday 3 May 2006 at 3.00 pm

Present:  Councillors Forbes, Fyfe, Gallacher, 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 (Transportation and Roads Service).

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.

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PLANNING APPLICATIONS SUBMITTED FOR CONTINUED CONSIDERATION

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(a)

Alterations and Extension to Dwellinghouse:

22 Carnoustie Avenue, Gourock (IC/06/026)

There was submitted a report dated 18 April 2006 by the Head of Planning Services on an application by Dr D Foster for alterations and extension to the dwellinghouse at 22 Carnoustie Avenue, Gourock (IC/06/026), consideration of which had been continued from the meeting held on 5 April 2006 to allow for re-neighbour notification following correction to a plan.

The report recommended that planning permission be granted.

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)

Change of Use of Retail shop to Use as a Cafe and Craft Workshop:

68-70 Royal Street, Gourock (IC/06/051)

There was submitted a report by the Head of Planning Services on an application by S Heavenor for change of use of a retail shop to use as a cafe and craft workshop at 68-70 Royal Street, Gourock (IC/06/051), consideration of which had been continued from the meeting held on 5 April 2006.

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 premises shall only be open for business between the hours of 08.30 hours and 22.00 hours Monday to Saturday, and between the hours of 12.00 hours and 18.00 hours on Sundays, to protect the nearby residents from noise and activity outwith these hours;

(3)   that full details of the design and external finish of the proposed window and ventilation outlets shall be submitted to and approved in writing by the Head of Planning Services prior to the use hereby approved commencing, in the interests of the visual amenity of the immediate area;

(4)   that full details of the layout of the kitchen, servery and craft workshop shall be submitted to and approved in writing by the Head of Planning Services prior to the use hereby approved commencing, to ensure that the internal layout satisfies the Head of Environmental and Consumer Services.

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(c)

Erection of 14 Flats and New Clubhouse:

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

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There was submitted a report dated 25 April 2006 by the Head of Planning Services on an application by Fort Matilda Playing Fields Union for the erection of 14 flats and a new clubhouse at Fort Matilda Playing Fields, Octavia Terrace, Greenock (IC/05/402R), consideration of which had been continued from the meeting held on 1 March 2006 to allow for re-neighhbour notification of the submission of amended plans.

Councillor Fyfe declared a personal interest in this matter and left the meeting.

Councillor Blair was present as Ward Councillor and spoke on the matter.

Decided:  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 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 construction begins on the buildings hereby permitted, samples shall be submitted to and approved in writing by the Head of Planning Services of all facing materials to be used on the external walls;

(3)   that before the erection of any walls or fences, full details shall be provided to and approved in writing by the Head of Planning Services of the design and materials to be used in the construction of these;

(4)   that prior to their construction full details shall be provided and approved in writing by the Head of Planning Services of the bin stores including details of the boundary treatment, conditions (2)-(4) being imposed to allow assessment of the appropriateness of these with respect to the Conservation Area and surrounding developments;

(5)   that the car parking spaces, manoeuvring areas, footways and access road associated with the flatted development hereby permitted shall be provided to a sealed base course specification to be approved in writing by the Head of Planning Services prior to the first of the flats being occupied;

(6)   that the car parking spaces, manoeuvring areas, footways and access road associated with the flatted development hereby permitted shall be provided to a sealed final wearing course specification to be approved in writing by the Head of Planning Services prior to the last of the flats being occupied, conditions (5) and (6) being imposed to ensure the adequacy of pedestrian and vehicular access facilities for each stage of the development;

(7)   that before construction begins on the flatted development hereby permitted, a scheme of landscaping shall be submitted to and approved in writing by the Head of Planning Services and it shall include:

(a)   details of any earth mounding, grass seeding and turfing;

(b)   a scheme of tree, bush and shrub planting incorporating details of the location, number, variety and size of planting;

(c)   that, for the avoidance of doubt, the scheme shall include details of the existing hedgerow along Octavia Terrace to be retained, where possible;  and

(d)   details of the phasing of these works;

(8)   that notwithstanding the terms of condition (7) above, all planting, seeding, turfing and earth mounding included in the scheme of landscaping and planting approved under the terms of condition (7) above, shall be completed during the first planting season following occupation of the first of the flats hereby permitted and any trees, bushes, shrubs or areas of grass which die, are removed, damaged or become diseased within five years of planting shall be replaced within the following year with others of a similar size and species, conditions (7) and (8) being imposed to ensure provision of adequate and appropriate landscaping on the site;

(9)   that all surface water drainage from the site shall be treated in accordance with the principles of the sustainable urban drainage system manual for Scotland and Northern Ireland (CIRIA 2000), to control drainage of water from the site to help prevent flooding;

(10) that a footway cross over providing access to the site shall be provided in accordance with the Council’s Roads Development Guide,  to ensure the adequacy of pedestrian and vehicular access facilities for each stage of the development;

(11) that all surface water shall be intercepted within the application site and none shall be allowed to flow onto the public road or footway;

(12) that a drainage impact assessment shall be submitted to and approved in writing by the Head of Planning Services prior to the start of development on the site, conditions (11) and (12) being imposed to control drainage of water from the site to help prevent flooding;

(13) that a visibility splay of 2 metres by 70 metres by 1.05 metres high shall be provided at the entrance to the development before the clubhouse is brought into use or before the first of the flatted dwellings hereby permitted is occupied, whichever occurs sooner, in the interests of vehicular safety;

(14) that the clubhouse hereby permitted shall be ready for use prior to the first of the flatted dwellings hereby permitted being occupied, to ensure early provision of the clubhouse and to secure the long term viability of the associated open space;  and

(15) that before construction begins on the buildings hereby permitted, details shall be provided of a lighting scheme for the development. The lighting scheme shall be provided upon the clubhouse being brought into use or occupation of the first of the flats hereby permitted, whichever occurs sooner, to provide adequate illumination in the interests of security.

Councillor Fyfe returned to the meeting following consideration of this item of business.

(d)

Erection of Rear Extension to Dwellinghouse:

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

There was submitted a report dated 17 April 2006 by the Head of Planning Services on an application by Mr & Mrs Campbell for the erection of a rear extension to the dwellinghouse at 4 Newark Avenue, Greenock (IC/05/441), consideration of which had been continued from the meeting held on 1 March 2006 following a request by the agent to allow submission of a revised proposal and advising that the agent had now requested that the application be considered without amendment.

Decided:  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.

338

PLANNING APPLICATIONS

338

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)

Formation of 2 Storey Extension:

17 Leapmoor Drive, Wemyss Bay (IC/06/078)

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

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(2)   that development shall not begin until samples of materials to be used on external surfaces of the building have been submitted to and approved in writing by the Head of Planning Services, to ensure that the proposed materials are acceptable in terms of the attached Castle Site Design Brief.

338

(b)

Amendment to Planning Permission IC/02/075 Including Alterations to Two Flats and Incorporation of a Third Flat (in retrospect):

57 Victoria Road, Gourock (IC/05/244R)

Decided:  that planning permission be refused as the building has an overbearing, over dominant appearance and contains inappropriate fenestration on its northern elevation, it has a significant adverse impact on visual amenity and the character and amenity of the area and is therefore contrary to policy H8 of the Inverclyde Local Plan.

(c)

Replacement of Timber Sliding Sash and Case Windows with Double Glazed, Double Swing Windows (in retrospect):

Flat 14G Binnie Street, Gourock (IC/06/031 & LB/06/003)

Decided:  that planning permission and listed building consent be refused on the grounds that as the installed windows do not respect the reasons for the listing of the building, neither protect nor enhance the character of the building, and could set a damaging precedent, the development is contrary to policies HR1 and HR14 of the Inverclyde Local Plan; the Council’s Planning Practice Advice Note 11 and the advice provided in the Memorandum of Guidance on Listed Buildings and Conservation Areas.

(d)

Retention of Existing Pedestrian Access:

Units 1 & 2, Fort Matilda Industrial Estate, Eldon Street, Greenock (IC/06/100)

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 details of the pedestrian route between the pedestrian access gate and the customer entrance to the building 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 within two months of the date of planning consent;  and

(2)   that the pedestrian safety barrier be retained in the position as shown on drawing number 658.05 previously approved by the Head of Planning Services.

(e)

Residential Development Comprising 9 Townhouses (in outline):

Land Off Killochend Drive, Greenock (IC/06/007)

Decided:  that planning permission be granted 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 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;

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(c)   details of landscaping;

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(d)   details of the proposed culvert;

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

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

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

(c)   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-paragragh (a) 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;

(4)   that prior to commencement of any site works, a comprehensive contaminated land investigation shall be submitted to and approved by the planning authority 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 risks arising from previous site uses have been fully assessed;

(5)   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 planning authority 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 planning authority, to ensure the proposed remediation plan is suitable;

(6)   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 planning authority, to ensure remedial works are carried out to the agreed protocol;

(7)   that on completion of the remediation works and prior to the site being occupied, the developer shall submit a report to the planning authority 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 authority’s satisfaction;

(8)   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 planning authority within one week.  At this stage, a comprehensive contaminated land investigation shall be carried out if requested by the planning authority, to ensure all contamination within the site is dealt with;

(9)   that notwithstanding the terms of condition (1) above the access to the development shall take the form of an adaptable road constructed in accordance with the Council’s Roads Development Guide, and should consist of a 5.5 metre wide carriageway with a 2.0 metre wide verge or footway and lit, and in the location identified on the approved plan no. 1643-SITE-02 Rev C;

(10) that a visibility splay of 2.5m x 35.0m x 1.05m shall be achieved at the junction of the access with Killochend Drive, conditions (9) and (10) being imposed in the interests of road safety;

(11) that no building shall take place over existing or diverted watercourses, with the exception of roads and parking areas;

(12) that a trash screen shall be provided at the new culvert entry;

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(13) that ground floor levels of the proposed townhouses should be set at 0.5m - 1m above surrounding levels;

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(14) that surface water management in relation to the proposed development shall comply with the Council’s guidelines.  This relates to the provision of on site storage, land drainage and identification of maintenance responsibilities;

(15) 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), conditions (11) - (15) being imposed to control drainage of water from the site and to help prevent flooding;

(16) notwithstanding the terms of condition (1) above, the proposed culvert shall be constructed and installed in accordance with SEPA’s guidance, to ensure compliance with the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR);

(17) that notwithstanding the terms of condition (1) above sections shall be provided indicating (i) the relationship between the proposed access road and the residential properties at 2 Killochend Road and 13 Dresling Road and (ii) the landscaping of the access road corridor, to ensure that the privacy and amenity of the named residential properties is protected and where necessary enhanced;  and

(18) that notwithstanding the terms of condition (1) above, the details of the landscaping shall include:-

(i)     indication of existing trees and shrubs to be removed;

(ii)    schedule of plants to comprise species, plant sizes and proposed numbers/density;  and

(iii)   programme for completion and subsequent maintenance,

to ensure that appropriate landscaping is incorporated within the development.

(f)

Change of Use of Music/Drama School to Use as Music/Drama School and Licensed Public Performance Hall (in retrospect):

Unit 28, Lynedoch Industrial Estate, Greenock (IC/06/055)

Decided:  that planning permission be granted.

(g)

Installation of Retractable Sun Awnings:

The Hole in the Wa’, 1 Argyle Street, Greenock (IC/06/073 & LB/06/005)

Decided:

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

(1)   as the proposal is unsympathetic to the existing character and appearance of a category B Listed Building which occupies part of a visually prominent street frontage and as a consequence is contrary to Policy HR13(a) and (b) and Policy HR14 of the Inverclyde Local Plan 2005 and Historic Scotland’s Memorandum on Listed Buildings and Conservation Areas;

(2)   as the proposal, if approved, would create an adverse visual impact and establish a precedent for similar proposals which may be to the further detriment of the character and appearance of  Listed Buildings;  and

(3)   in the interests of the safety of road users as the proposal fails to provide the necessary statutory clearance above the level of the public footway;  and

(b)   that listed building consent be refused for the following reasons:-

(1)   as the proposal is unsympathetic to the existing character and appearance of a category B Listed Building which occupies part of a visually prominent street frontage and as a consequence is contrary to Policy HR13(a) and (b) and Policy HR14 of the Inverclyde Local Plan 2005 and Historic Scotland’s Memorandum on Listed Buildings and Conservation Areas;  and

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(2)   as the proposal, if approved, would create an adverse visual impact and establish a precedent for similar proposals which may be to the further detriment of the character and appearance of  Listed Buildings.

338

(h)

Installation of Roller Shutter (in retrospect):

10 Bay Street, Port Glasgow (IC/06/091)

The report recommended that planning permission be refused as the solid roller shutter due to its design and appearance is not in accordance with the Council's Planning Practice Advice Note 12 on shop front design and has an unacceptable impact on the building to the detriment of the streetscape.+

After discussion, Councillor Forbes moved that planning permission be refused for the reason detailed in the report.  As an amendment, Councillor Stewart moved that planning permission be granted subject to the shutter being repainted an appropriate colour.  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 solid roller shutter due to its design and appearance is not in accordance with the Council's Planning Practice Advice Note 12 on shop front design and has an unacceptable impact on the building to the detriment of the streetscape.

(i)

Erection of Dwellinghouse for Agricultural Worker (in outline):

Land Off Port Glasgow Road (Adjacent to Cemetery), Kilmacolm (IC/05/367R)

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 in agriculture or a dependent of such a person residing with him or her or a widow or widower of such a person, outline planning permission be granted subject to a number of conditions.

After discussion, Councillor Fyfe moved that planning permission be refused as the proposal would result in encroachment into the greenbelt and as the siting of the proposed dwellinghouse is inappropriate.  As an amendment, Councillor Roach moved that subject to the applicant entering into a Section 75 Agreement planning permission be granted subject to the conditions detailed in the report.  On a vote, 3 Members voted for the motion and 4 for 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

Decided:  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 in agriculture or a dependent of such a person residing with him or her or a widow or widower of such a person, outline planning permission be granted subject to the following conditions:-

C

(1)   this permission is granted under the provisions of the Town & Country Planning (General Development Procedure) 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 this application relates;

(b)   details of the access arrangements;

(c)   details of landscaping of the site to include full details of the tree belt, in the location detailed in plan no. 02 received on 03/04/06, to be provided;

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

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

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

(c)   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 (a) above;

(3)   that the development to which this permission relates must not be begun 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) - (3) being imposed to comply with Section 59 of the Town & Country Planning (Scotland) Act 1997;  andX

(4)   that notwithstanding the terms of condition (1) above the dwellinghouse hereby approved shall not exceed 1.5 storeys, in the interest of the visual amenity of the wider area.

(j)

Erection of 2 Side Extensions to Dwellinghouse:

Glenisla, Gryffe Road, Kilmacolm (IC/06/029R)

Decided:  that planning permission be refused as the extensions due to their scale and design would have an unacceptable impact on the existing house and result in the house dominating the plot to the detriment of the streetscape of Gryffe Road. As such the proposal is not in accordance with Policy H15 (b) and (c) and the Council’s Planning Practice Advice Note Number 7 on house extensions.

339

ADVERTISEMENT APPLICATION

339

There was submitted a report dated 17 April 2006 by the Head of Planning Services on an advertisement application in retrospect by H & H Racing for the display of two externally illuminated signs and one non-illuminated sign at 10 Bay Street, Port Glasgow (CA/06/007).     

Decided:  that advertisement consent be refused as the signage due to the size, scale, design and location is inconsistent with the established pattern of signage on the rest of the building and dominates the building to the detriment of the streetscape. As such the proposal is not in accordance with the Council’s Planning Practice Advice Notes 12 and 13 on Shopfront Design and Signage and Advertisements respectively.

340

PLANNING APPEAL - BRIDGEND, INVERKIP

340

There was submitted a report dated 6 April 2006 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 7 September 2005 to refuse planning permission for the erection of 28 houses at Bridgend, Inverkip (IC/04/447R) 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 subject to a number of conditions and to dismiss the applicant’s claim for costs.

Noted

341

PLANNING APPEAL - BOGIEWOODE, ALDERWOOD ROAD, PORT GLASGOW

341

There was submitted a report dated 3 April 2006 by the Head of Planning Services advising that following the decision of The Inverclyde Council at the meeting held on 6 October 2005 to refuse planning permission for the erection of a house at Bogiewoode, Alderwood Road, Port Glasgow (IC/05/267R) 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

342

PLANNING APPEAL - THE CORRIE, HOUSTON ROAD, KILMACOLM

342

There was submitted a report dated 3 April 2006 by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 5 October 2006 to refuse planning permission for the erection of a gatehouse within the grounds of The Corrie, Houston Road, Kilmacolm (IC/05/277) 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

343

ENFORCEMENT NOTICE APPEAL - IVYBANK, MAIN STREET, INVERKIP

343

There was submitted a report dated 29 March 2006 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 (IC/04/298) and the dismissal of an appeal to the Scottish Ministers leading to the service of two Enforcement Notices, one of the appellants had subsequently appealed to the Scottish Ministers against the service of the Enforcement Notice and that the Reporter appointed by the Scottish Ministers had issued his decision which was to vary the time period for compliance from 6 months to 12 months.

Noted

344

MR ANGUS BRUCE

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The Convener advised that Mr Bruce, Transportation & Roads Service, would shortly be leaving the Council’s employment and on behalf of the Committee conveyed his best wishes for the future.