Planning & Traffic Management Committee

Wednesday 1 November 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 Head of Legal & Administration), Head of Planning Services and Mr S Hartley (for Acting Head of Transportation & Roads Service).

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)

Construction of Single Storey Nursery School:

Birkmyre Park, Broomknowe Road, Kilmacolm (IC/06/303)

Decided:  that the application be referred to the Scottish Ministers as required by the Town and Country Planning (Notification of Applications) (Scotland) Direction 1995 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 notwithstanding the finishes detailed on the approved plans, dressed stone                    quoins shall be used around the windows and on the corners of the building to                       complement the finishing detail to be used on the adjacent extended and renovated              Birkmyre Park pavilion, in the interests of visual amenity;

(3)          that the off-street parking area shown on the approved plans shall be provided and surfaced in a material to be approved by the Head of Planning Services prior to the building being brought into use, to ensure the provision of off-street parking in the interests of traffic safety;

(4)          that before the development hereby permitted begins, tree protection measures in accordance with British Standard BS5837 shall be erected along the dripline of trees to        be retained and shall not be removed without the approval in writing of the Head of Planning Services, to ensure the retention of mature trees as a feature of the existing landscape; and

(5)                    that notwithstanding the provisions of Class 10 of the Town and Country Planning (Use Classes) (Scotland) Order 1997 and any Order revoking and renacting that Order with or without modification, this permission grants the development and use of the building so approved as a day nursery and no other use, to ensure that the use of the building does not conflict with the use of Birkmyre Park or have an unacceptable impact on the amenity of nearby residential properties.

(6)                

(7)                

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(b)

  (i)                                                                                                     Erection of Non-Food Retail Development and

   Associated Car Parking and Landscaping;

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(ii)                                                                                                      Variation of Condition No. 12 of Outline Planning Permission IC/98/299

   as subsequently amended by Planning Permission IC/03/430;

(iii)                                                                                                     Variation of Condition No. 23 of Outline Planning Permission IC/05/301;

(iv)                                                                                                     Variation of Condition No. 24 of Outline Planning Permission IC/05/301:

Former Scott Lithgow and East Glen Yards (Part) and Land North of Ardgowan Street,  Port Glasgow (IC/06/225, IC/06/253, IC/06/254 and IC/06/335)

Decided:

(i)                                                                                                        that planning permission be granted for planning application IC/06/225 subject to the following conditions:-

(1)                                                                                                      that the development hereby permitted shall be started before 6 April 2010, to comply with Section 58 of the Town & Country Planning (Scotland) Act 1997;

(2)                                                                                                      that  before development starts full details of the specification of the lighting columns, street furniture (including seating, bins and bollards), directional signage and the  Stanley Spencer feature along the footpath shall be submitted to and approved in writing by the Head of Planning Services, to ensure cohesion and continuity between the individual elements of the overall development;

(3)                                                                                                      that before development starts details of the phasing of the proposed development shall be submitted to and approved in writing by the Head of Planning Services, to ensure that the development proceeds in an agreed sequence;

(4)                                                                                                      that before trading starts from any of the units hereby approved, details of the management of the car parking services shall be submitted to and approved in writing by the Head of Planning Services;

(5)          that no parking restrictions shall be enforced in the parking areas, with the exception of disabled and parent/toddler parking and staff parking within the service areas, without the prior written approval of the Head of Planning Services, conditions (4) and (5) being imposed to ensure an adequate level of public car parking to serve businesses, residents and visitors is available at all times during and after the construction of the proposed development;

(6)                                                                                                      that the retail units shall not provide for an in-house dry cleaner, post office, travel agent or pharmacy, to protect the retail functions of the existing town centre;

(7)                                                                                                      that notwithstanding the provisions of Article 10 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984, the express approval of the Head of Planning Services shall be required in respect of the display of any advertisements of a temporary nature specified in Class IV of Schedule 4 to the Regulations, to safeguard against the proliferation of temporary signage which would otherwise be permitted; and

(8)                                                                                                      that none of the units hereby permitted shall begin trading until a Travel Plan, aimed at encouraging more sustainable means of travel, has been submitted to and approved in writing by the Head of Planning Services in consultation with the Scotttish Executive – Trunk Roads Network Management Division.   The Travel Plan will identify measures to be implemented, the system of management, monitoring, review, reporting and duration of the plan and will incorporate measures designed to encourage modes other than the private car, to ensure consistency with the requirements of Scottish Executive Planning for Transport Documents SPP17 and PAN75;

(ii)                                                                                                       that planning permission be granted for planning applications IC/06/253  and IC/06/254 subject to the condition that no unit with associated mezzanine floorspace shall begin trading until a Travel Plan, aimed at encouraging  more sustainable means of travel,

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has been submitted to and approved in writing by the Head of Planning Services in consultation with the Scottish Executive – Trunk Roads Network Management Division.  The Travel Plan will identify measures to be implemented, the system of management, monitoring, review, reporting and duration of the plan and will incorporate measures designed to encourage modes other than the private car, to ensure consistency with the requirements of Scottish Executive Planning for Transport Documents SPP17 and PAN75; and

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(iii)                                                                                                        that planning permission be granted for planning application IC/06/335.

(c)

Extension to Retail Centre to include Retail at Ground and First Floor Levels with Multistorey Car Park Above:

Oak Mall Shopping Centre, Hamilton Way, Hamilton Gate, Hunter Place, Greenock (IC/06/232)

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 the facing materials to be used on the building hereby permitted shall be submitted to and approved in writing by the Head of Planning Services prior to their use, to ensure that the facing materials are appropriate to the local environment and complement those used on adjacent buildings;

(3)                                                                                                      that notwithstanding the provisions of the Town and Country Planning (Use Classes) (Scotland) Order 1997, the retail units hereby permitted shall not be occupied by retailers specialising in convenience retailing, as no spare capacity in convenience floorspace has been identified;

(4)                                                                                                      that all surface water drainage from the site shall be treated in accordance with the principles of the sustainable urban drainage manual for Scotland and Northern Ireland (CIRIA 2000), to control run-off from the site and reduce flooding risk;

(5)                                                                                                      that notwithstanding the internal layout as shown on drawing references G0469(PL) 008A and 009A, work shall not commence on site until such time as details regarding the provision of toilets for members of the public within the development are submitted to and approved in writing by the Head of Planning Services, to ensure the provision of adequate replacement toilet facilities to replace those to be demolished as a result of the proposed development;  and

(6)                                                                                                      that prior to the commencement of trading from the development hereby permitted, trunk road infrastructure modifications at the A8/A78 Bullring Roundabout, to include the implementation of traffic signal control on each approach to the roundabout and on the circulating carriageway generally in accordance with Fairhurst Drawing No. 62065/00104 shall be provided to the satisfaction of the Planning Authority in consultation with Transport Scotland Trunk Road Network Management Directorate (TS-TRNMD) to minimise interference with the safety and free flow of traffic on the trunk road.

(d)

Erection of a Disabled Access Ramp:

6 Regent Street, Greenock (IC/06/321)

Decided:  that, subject to the promotion of a Road Closure Order under Section 207 of the Town and Country Planning (Scotland) Act 1997 in respect of the pavement to be occupied by the disabled access ramp, planning permission be granted subject to the following conditions:-

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(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 

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(2)                                                                                                      that no development shall commence until a precast stone sample has been submitted to and approved in writing by the Head of Planning Services, development thereafter shall proceed utilising the approved sample unless the Head of Planning Services gives his prior written approval to any alternative, to ensure a continuity of materials in this part of Greenock.

(e)

Demolition of Church and Erection of Residential Flats (in outline):

Greenock West United Reform Church, 15 Nelson Street, Greenock (IC/06/144)

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 Permitted 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;

(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;

(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) - (3) being imposed to comply with Section 59 of the Town and Country Planning (Scotland) Act 1997;

(4)                                                                                                      that notwithstanding the details required in terms of condition (1) above, all building(s) shall be erected within the footprint of the existing church building;

(5)                                                                                                      that notwithstanding the details required in terms of condition (1) above, all building(s) shall not exceed the ridge height of the existing church building, conditions (4) and (5) being imposed to minimise any impact on the daylight and sunlight received by adjacent properties;

(6)                                                                                                      that notwithstanding the details required in terms of condition (1) above, the front of any building(s) shall not be located to the rear of an imaginary straight line drawn between the rear corners of 17 Nelson Street and 73 Nicolson Street, to eliminate potential window to window privacy conflicts with the adjacent flatted dwellings;

(7)                                                                                                      that notwithstanding the details required in terms of condition (1) above, no windows shall be installed on the elevations of any building(s) fronting onto the rear courts of 17 Nelson Street and 73 Nicolson Street, with the exception of those fitted with obscured or opaque glazing, in the interests of the privacy of adjacent residents;

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(8)                                                                                                      that notwithstanding the details required in terms of condition (1) above, car parking provision to serve the approved development shall be on the basis of 1.25 spaces per one bedroom flat and 1.65 spaces per two/three bedroom flats, to ensure adequate parking provision;

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(9)                                                                                                      that notwithstanding the terms of condition (1) above, a wall to match the height of the rear wall of adjacent properties shall be constructed along the rear boundary of the application site and repairs made where necessary following demolition to any other walls prior to construction commencing on any buildings, in the interests of visual amenity and the privacy of adjacent residents;

(10)                                                                                                    that notwithstanding the terms of condition (1) above, the proposed means of access to the trunk road shall be constructed to a layout and type of construction to be approved by the Head of Planning Services in consultation with the Trunk Roads Network Management Directorate of the Scottish Executive, before construction commences on the new residential development hereby permitted, to ensure the standard of access layout complies with the current standards and that the safety of traffic on the trunk road is not diminished;

(11)                                                                                                    that prior to construction of any dwelling, visibility splays shall be provided and maintained on each side of the access.   These splays are the triangles of ground bound on 2 sides by the first 2.4 metres of the centre line of the access driveway (the set back dimension) and the nearest trunk road carriageway measured 90 metres (the y dimension) in both directions from the intersection of the access with the trunk road, to ensure that drivers of vehicles leaving the site are enabled to see and be seen by vehicles on the trunk road carriageway and join the traffic stream safely;

(12)                                                                                                    that there shall be no drainage connections to the trunk road drainage system, to ensure water run-off from the site does not enter the trunk road;

(13)                                                                                                    that prior to demolition of the buildings currently occupying the site, a demolition method statement shall be submitted to and approved in writing by the Head of Planning Services, in the interests of the amenity of adjacent residents; and

(14)                                                                                                    that before construction of new flatted dwellings commences the applicant shall demonstrate from investigation of the site that it is free of contamination or that contamination can be satisfactorily dealt with in situ, to ensure that the site is free of contaminants potentially injurious to human health.

(f)

Change of Use of Rear Yard to Beer Garden and Provision of a Covered Decked Area:

The Darroch Bar, 72/73 Shore Street, Gourock (IC/06/308)

The report recommended that planning permission be refused as the proposed use as a beer garden and the provision of a covered deck area would be incompatible in terms of its detrimental effect upon the quality of residential amenity for neighbouring properties and, as such, is contrary to Policy R10 (g) of the Inverclyde Local Plan.

After discussion, Councillor Forbes moved that planning permission be refused for the reason detailed in the report.  As an amendment, Councillor Hunter moved that consideration of the application be continued for a site visit to be arranged by the Head of Legal & Administration in consultation with the Convener.   On a vote, 3 Members voted for the motion and 4 for the amendment which was declared carried.

Decided:  that consideration of the application be continued for a site visit to be arranged by the Head of Legal & Administration in consultation with the Convener.

(g)

Erection of a Rear Extension and Conservatory:

10 Doune Gardens, Gourock (IC/06/312)

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 window frames on the proposed extension and conservatory match in colour with the window frames on the other elevations of the dwellinghouse, to ensure that the proposed extension and conservatory are acceptable in the interests of visual amenity

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PLANNING APPEAL CLAIM FOR AWARD OF EXPENSES

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There was submitted a report by the Head of Planning Services advising that following the 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, which was upheld by the Reporter appointed by the Scottish Ministers, the appellant had submitted a claim for the award of costs against the Council.

Noted

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PLANNING APPEAL – GREY PLACE, PATRICK STREET, KER STREET, DALRYMPLE STREET AND WEST BLACKHALL STREET, GREENOCK

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There was submitted a report by the Head of Planning Services advising that following the decision of the Committee at the meeting held on 6 September 2006 to refuse planning permission for the 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 at Grey Place, Patrick Street, Ker Street, Dalrymple Street and West Blackhall Street, Greenock (IC/06/116), an appeal against the refusal of planning permission had been made to the Scottish Ministers.

The Head of Planning Services advised the Committee that further correspondence had been received confirming that the applicant had requested that the appeal be determined by a public inquiry, rather than by written submissions as indicated in the report.

Noted