Planning & Traffic Management Committee

Wednesday 6 September 2006 at 3.00 pm

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

Chair:  Councillor Roach presided.

In attendance:  Depute Chief Executive, Mr G Douglas (for Solicitor to the Council), Mr N McLaren (for Head of Planning Services) and Acting Head of Transportation and Roads Service.

Apologies: Councillors Forbes and Hunter.

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

584

PLANNING APPLICATION SUBMITTED FOR CONTINUED CONSIDERATION

584

There was submitted a report by the Head of Planning Services on an application by Funworld for non-compliance with condition 2 of planning permission IC/06/100 at Units 1 and 2 Fort Matilda Industrial Estate, Eldon Street, Greenock (IC/06/191), consideration of which had been continued from the meeting held on 2 August 2006 to allow the Head of Planning Services to have further discussion with the applicant.

The report recommended that planning permission be refused as the absence of a designated pedestrian route within the site from the pedestrian access gate to the customer entrance to the building could create pedestrian and vehicle conflict to the detriment of public safety.

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

(Councillor Blair entered the meeting during consideration of this item of business).

Decided:  that planning permission be granted.

585

PLANNING APPLICATIONS

585

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)

Alterations to Dwellinghouse:

Dalliefour, Barclaven Road, Kilmacolm (IC/06/252)

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.

585

(b)

Change of Use and Alterations to Offices to Flats and the Formation of Dormer

Extensions and Velux Rooflights:

11 William Street, Greenock (IC/06/230 & LB/06/018)

585

Decided:

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

(1)  as the proposed use as residential flats would be incompatible with the public house already present on the ground floor.  Late night noise and activity within and outwith the public house is to the detriment of the quality of residential amenity and, as such, the proposal is contrary to policy H13(b) of the Inverclyde Local Plan;  and

(2)  as the proposal is contrary to the Council's Roads Development Guide insofar as it does not provide off-street parking.  It is therefore contrary to policy H13(d) of the Inverclyde Local Plan;  and

(ii)  that the application for listed building consent be referred to Historic Scotland recommending that it be granted subject to the condition that development shall not begin until full details of the profile and method of opening of the white painted timber windows together with full details of the proposed rooflight have been submitted to and approved in writing by the Head of Planning Services and that the development shall be carried out thereafter using the design and materials approved, in the interests of visual amenity and to ensure that the windows and rooflight installed are appropriate in the context of this category B Listed Building within Cathcart Square/William Street Outstanding Conservation Area.

(c)

Erection of One Class 1 (Food) Retail Unit, One Class 1 (Non Food) Retail Unit and Class 2 Office Space with Associated Car Parking, Landscaping and Access:

Grey Place, Patrick Street, Ker Street, Dalrymple Street and West Blackhall Street, Greenock (IC/06/116)

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

After discussion, Councillor White moved that planning permission be granted subject to appropriate conditions being imposed.  As an amendment, Councillor Roach moved that planning permission be refused for the reasons detailed in the report.  On a vote 1 Member voted for the motion and 5 for the amendment which was declared carried.

(Councillor Blair left the meeting during consideration of this item of business).

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

(1)        as the proposal is contrary to Policy DS5 of the Inverclyde Local Plan, in that the urban environment and built heritage represented by the high profile location of the application site and the adjacent listed buildings will not be protected or enhanced due to the design of the proposed buildings and the inadequacy of the landscaping treatment;

(2)        as the proposal is contrary to Policies HR1 and HR15 of the Inverclyde Local Plan, in that the proposed development would adversely affect the setting of the adjacent listed buildings and, in particular, the Glebe Sugar Refinery;

(3)        as the proposal is contrary to Strategic Policy 6 of the Glasgow and the Clyde Valley Joint Structure Plan, in that it fails to be fully justified against Schedule 6(c)(i) of the Plan, principally owing to there being insufficient expenditure available to justify the proposal, and as the Gourock Pierhead site is sequentially preferable and likely to be available for development within 5 years;

(4)        as the proposal is contrary to Strategic Policy 9 of the Glasgow and the Clyde Valley Joint  Structure Plan, in that it fails to be fully justified against Schedule 6(c)(ii) of the Plan. The proposed development  fails the sequential test as  Gourock  Pierhead  is  a

  585

sequentially preferable site and it fails to adequately address parking provision for the size of the development and the uses to which the car park would be put;

585

(5)        as the proposal is contrary to Policies R3 and R4 of the Inverclyde Local Plan, in that the proposal is for retail floorspace outwith the Central Shopping Area of Greenock Town Centre;

(6)        as the proposal is contrary to Policy R5 of the Inverclyde Local Plan as Class 1 retail is not identified as an acceptable use for this part of the outer mixed/commercial area of  the town centre;

(7)        as the proposal is contrary to Policy R10 of the Inverclyde Local Plan, in that there is a sequentially preferable site, there is no adequately demonstrated capacity for the development in terms of expenditure compared to turnover, nor a demonstrated qualitative deficiency in existing provision, the proposal is not consistent with policies R4 and R5 and its design, siting, scale and relationship to the surrounding townscape  would not make a positive contribution to the quality of the urban environment;

(8)        as the proposal is contrary to Scottish Executive Scottish Planning Policy 8, as the design is not of sufficiently high quality and the proposed development fails the criteria set out for the assessment of proposed developments not consistent with the Development Plan; and

(9)        as the departure from the Development Plan cannot be justified under Strategic Policy 10 of the Glasgow and Clyde Valley Joint Structure Plan as the most recent assessment undertaken for the 2006 Alteration does not identify quantitative or qualitative need for the development.

(d)

Alterations and Extension to Form Lounge Bar and Toilets:

The Tontine Hotel, 6 Ardgowan Square, Greenock

(IC/06/134R & LB/06/12R)

Decided:

(i)         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 prior to commencement of work on site, full details of all materials to be used on the external surfaces of the development hereby permitted be submitted to and approved by the Head of Planning Services, the construction of the development must then proceed using the approved materials, to ensure that the materials used in all external finishes are acceptable in terms of the listed building and wider conservation area;

(3)        that prior to the commencement of work on site, full details of the specification of all windows and doors to be used in the development hereby permitted be submitted to and approved by the Head of Planning Services, the construction of the development must then utilise the windows and doors as approved, to ensure the windows  and doors are appropriate in terms of the listed building and wider conservation area; and

(4)        that prior to the commencement of work on site, full details of a system to limit the use of the exits marked in blue on the approved drawing number 516.08 to emergency exits only be submitted to and approved by the Head of Planning Services, the system thereby approved must then be fully operational prior to the use of the lounge bar hereby permitted and maintained in a fully operational condition at all times thereafter, to ensure that the exits to the rear courtyard are available only as emergency exits and not as a general entrance and exit which may cause an increase in noise and activity to Robertson Street, to the detriment of neighbouring residents;  and

585

(ii)        that the listed building application be referred to Historic Scotland advising  that the Council is minded to grant consent subject to the following conditions:-

585

(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 prior to the commencement of work on site, full details of all materials to be used on the external surfaces of the development hereby permitted be submitted to and approved by the Historic Buildings Inspectorate on behalf of the Scottish Ministers, in consultation with the planning authority, the construction of the development must then proceed using the approved materials, to ensure that the materials used in all external finishes are acceptable in terms of the character and appearance of the listed building; and

(3)        that prior to the commencement of work on site, full details of the specification of all windows and doors to be used in the development hereby permitted be submitted to and approved by the Historic Buildings Inspectorate on behalf of the Scottish Ministers, in consultation with the planning authority, the construction of the development must then utilise the windows and doors as approved, to ensure that the windows and doors to be used in the development are acceptable in terms of the character and appearance of the listed building.

(e)

Formation of a Parking Area and Erection of a Garden Shed:

9 Minto Street, Greenock (IC/06/220)

The report recommended that planning permission be granted subject to a number of conditions.

Decided:  that consideration of the application be continued for further information with regard to the impact of the proposal on the availability of on-street parking.

(f)

Erection of Secondary School with Associated Car Parking, Landscaping and

Road Works:

Ravenscraig Pitches Site and Associated Ground, Cumberland Road, Inverkip Road and Auchmead Road, Greenock (NI/06/004)

Decided:

(a)  that the application be referred to the Scottish Ministers under the terms of the Town and Country Planning (Notification of Planning Applications) (Scotland) Amendment Direction 1997, recommending that planning permission be granted; and

(b)  that authorisation be given for the Solicitor to the Council  to promote the necessary footpath closure or diversion orders.

(g)

Erection of Rear Conservatory:

51 Bournemouth Road, Gourock (IC/06/204R)

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 within 8 weeks of the date of this permission, the screen fence hereby approved must be erected in the position shown on drawing number AJL/06/ROU/01A the fence will then be maintained in this position at all times thereafter during the life of the conservatory, to ensure that the screen fence is erected and maintained in the correct position to eliminate any conflict between the conservatory hereby permitted and ‚neighbouring windows.

586

PLANNING APPEAL - 172B DUNLOP STREET, GREENOCK

586

There was submitted a report by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 5 April 2006 to refuse planning permission for change of use of a sunbed salon to a hot food takeaway at 172B Dunlop Street, Greenock (IC/06/060) and the subsequent appeal by the applicant to the Scottish Ministers against that refusal, notification had been received that the appeal had been withdrawn.

Noted

587

PLANNING APPEAL - CAIRNCURRAN COTTAGE, AUCHENFOIL ROAD, KILMACOLM

587

There was submitted a report by the Head of Planning Services advising that following refusal of an application in February 2006 for a Certificate of Lawful Existing Use at Cairncurran Cottage, Auchenfoil Road, Kilmacolm 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

588

CLOSURE AND DIVERSION OF FOOTPATH

ROAD CLOSURE ORDER

588

There was submitted a report by the Head of Planning Services recommending the making of a Closure and Diversion of Footpaths Order and a Road Closure Order in respect of housing development at Gibshill, Greenock.

Decided:  that the Solicitor to the Council be authorised to promote the necessary Closure and Diversion of Footpaths and Road Closure Orders.