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414 |
PLANNING & TRAFFIC
MANAGEMENT COMMITTEE – 6 DECEMBER 2006
_______________________________________________________________________
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Planning & Traffic Management Committee |
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Wednesday 6 December 2006 at 3.00 pm |
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Present: Councillors Blair (for Gallacher), Fyfe, Hunter, McCormick (P), Mitchell (for Forbes), Roach and Stewart. |
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Chair: Councillor Roach presided. |
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In attendance: Depute Chief Executive, Mr G Douglas (for Head of Legal and Administration), Head of Planning Services and Acting Head of Transportation and Roads Service. |
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Apologies: Councillors Forbes and Gallacher. |
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The
following paragraphs are submitted for information only, having been dealt
with under the powers delegated to the Committee. |
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890 |
PLANNING APPLICATION SUBMITTED FOR CONTINUED CONSIDERATION |
890 |
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There was submitted a report by the Head of Planning Services on an application by S & N Pub Enterprises for change of use of the rear yard to a beer garden and the provision of a covered deck area at the Darroch Bar, 72/73 Shore Street, Gourock (IC/06/308), consideration of which had been continued from the meeting held on 1 November 2006 for a site visit. |
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Decided: that planning permission be refused as the proposed intensification of the 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. |
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891 |
PLANNING APPLICATIONS |
891 |
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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 with Associated Roadworks, Open Space, Landscaping Management
Scheme and Erection of Railway Footbridge: Inverkip Station and Land Bound by Railway, Finnockbog Road, Everton
Farm Road, Hill Farm Housing Development and Berfern Farm (IC/06/008) |
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The Head of Planning Services advised the Committee (1) that Spey Road should be substituted for Cullen Crescent at condition 8 and (2) that written confirmation had been received from the applicants confirming that they were prepared to increase their financial contribution towards the funding of community facilities as required by Policy H6(iii) of the Inverclyde Local Plan from £500,000 to £600,000. |
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Decided: |
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891 |
(i)
that, subject to the conclusion of an agreement under Section 75 of the Town
and Country Planning (Scotland) Act 1997 for the revocation of the earlier
planning permissions for development elsewhere on Hill Farm and the
conclusion of bond
arrangements under Section 69 of the Local Government (Scotland) Act 1973 in
respect of the provision of play areas and landscaping within the site,
including the area covered by the Woodland Management Plan, a financial
contribution towards the development of “community facilities” within
Inverkip and the future maintenance of the rail bridge, planning permission
be granted subject to the following conditions:- |
891 |
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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 ( |
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(2) that, prior to the start of
construction of any part of the development hereby permitted, a phasing plan
shall be submitted to and approved in writing by the Head of Planning
Services and that, for the avoidance of doubt, it shall show phasing of housing,
roads, footways, remote footpaths, soft landscaping, play areas and sustainable
urban drainage area, to enable the Head of Planning Services to retain
effective control over development within the site; |
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(3) that prior to the occupation of
any houses hereby permitted the roads and footway leading to that house shall
be surfaced to sealed base course level and maintained to that standard
thereafter; |
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(4) that prior to the occupation of
the last house hereby permitted in each of the phases approved in condition (2)
above, all the roads and footways hereby permitted shall be completed to
final wearing course; |
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(5) that the remote footpaths
within each phase hereby approved in terms of condition (2) above shall be completed to sealed base
course level at the same time as the connecting footways are completed to
sealed base course level and to final wearing course level at the same time
as the connecting footways are completed to final wearing course level,
conditions (3), (4) and (5) being imposed to ensure the provision of adequate
vehicular and pedestrian facilities appropriate to each stage of the
development; |
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(6) that prior to the start of
construction of housing full details of the play areas, including equipment
specifications and surfacing, shall be submitted to and approved in writing by
the Head of Planning Services; |
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(7) that the play areas within each
phase hereby approved in terms of condition (2) above hereby permitted shall
be completed before construction begins on the last of the houses within that
phase; |
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(8)
that prior to the
start of construction of housing amended plans for the play area at Spey Road
shall be submitted to and approved in writing by the Head of Planning Services,
the play area shall be fully surfaced and equipped within 3 months of the
date of approval, conditions (6), (7) and (8) being imposed to ensure the
provision of adequate play facilities for each phase of the development; |
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(9) that prior to the start of
construction of housing, full details of all soft landscape including the
species mix of trees and shrubs, areas of grass, height, numbers, density of
planting and arrangements for their maintenance shall be submitted to and approved
in writing by the Head of Planning Services; |
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(10) that any of the trees, shrubs
or areas of grass approved in terms of condition (9) above that die, are
removed, damaged or become diseased within 5 years of planting shall be
replaced within the following year with others of a similar size and species; |
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(11) that the soft landscaping
within each phase hereby approved in terms of condition (2) above shall be
completed before construction begins on the last of the houses within that
phase, conditions (9), (10) and (11) being imposed to ensure the provision of
appropriate landscaping for each phase of the development in the interests of
residential amenity; |
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891 |
(12) that the sustainable urban
drainage scheme (SUDS) within each phase hereby approved in terms of
condition (2) above shall be completed upon the provision of all roads and
footways to sealed base course level, to control the drainage of water from
the site to prevent flooding; |
891 |
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(13) that prior to the start of
construction of housing full details of the safety barrier treatment around
the SUDS areas shall be submitted to and approved in writing by the Head of
Planning Services, in the interests of public safety; |
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(14) that prior to the start of
construction of the houses hereby permitted samples of all facing materials
shall be submitted to and approved in writing by the Head of Planning
Services and that, for the avoidance of doubt, the roofing materials shall be
black, dark brown or dark grey in colour, to ensure the facing materials to
be used are appropriate to the location and visibility of the development; |
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(15) that prior to the erection of
any walls and fencing, full details of all the fencing to be erected,
including sample elevations, shall be submitted to and approved in writing by
the Head of Planning Services, to allow detailed assessment of the appropriateness
of the proposed fencing; |
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(16) that prior to the occupation of
each of the houses hereby permitted, the boundary walls and fencing
associated with each house shall be erected, in the interests of privacy; |
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(17) that before development starts
on the site, a plan shall be submitted clearly identifying those trees within
and adjacent to the site to be retained. Thereafter, tree protection measures
in accordance with British Standard BS5837 shall be erected and shall not be
removed without the approval of the Head of Planning Services, to ensure the protection and retention of these
trees; |
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(18) that for the avoidance of doubt
the Woodland Management Plan hereby approved shall take effect upon the start
of construction work within the application site, to ensure the
implementation of the Woodland Management Plan hereby approved; |
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(19) that no part of the development
shall be occupied 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 Scottish Executive Trunk Roads –
Network Management Division (TRNMD). The Travel Plan will identify measures
to be implemented, the system of management, monitoring, review, reporting
and the duration of the plan. It will incorporate a pedestrian link from the
proposed development to the existing Inverkip rail station designed to encourage
modes other than the private car, to be consistent with the requirements of
Scottish Executive Planning for Transport Documents SPP17 and PAN75; |
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(20) that no development shall take
place within the development site as outlined in red on the approved plan
until the developer has secured the implementation of a programme of
archaeological works in accordance with a written scheme of investigation
which has been submitted by the applicant, agreed by the West of Scotland
Archaeology Service, and approved by the Head of Planning Services. Thereafter the developer shall ensure that
the programme of archaeological works is fully implemented and that all
recording and recovery of archaeological resources within the development
site are undertaken to the satisfaction of the Head of Planning Services in
agreement with the West of Scotland Archaeology Service, to allow for the
recording and recovery of antiquity; |
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(21) that prior to the start of any
development, the applicant shall demonstrate to the Head of Planning Services
that agreement has been reached in full with the Scottish Environment
Protection Agency in respect of the surface water drainage proposals, to
ensure drainage arrangements are to the satisfaction of SEPA as the relevant body; |
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891 |
(22) that no woodland management
shall take place until a survey for otters has been carried out along the
water course which runs through the eastern section of the Berfern Plantation
and any other water courses likely to be affected in any way by the proposed
development. The results of this survey will be submitted to the Head of Planning
Services and should otters be present, Scottish Natural Heritage will be consulted
to assess any requirement for an application for a licence from the Scottish Executive.
The type of survey required would involve looking for signs of otter use, in particular
their places of shelter, both within the site and up to 100 metres upstream and
downstream of any proposed works; |
891 |
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(23) that no development shall take
place until a survey for badgers has been carried out within the approved
housing site and the woodlands included in the application site boundary. The
survey should include the identification of setts, transport routes and foraging
areas. The Head of Planning Services shall be informed of the outcome of such
a survey, conditions (22) and (23) being imposed in the interests of nature
conservation; |
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(24) that
the Woodland
Management Plan shall follow the objectives outlined in the “Inverkip Woodland
Management Plan” using tree species which are indigenous to the area, the
information sheet provided by Scottish Natural Heritage is attached to the
decision notice; |
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(25) that the treatment of surface
water shall be based on sustainable principles, using ecological solutions
and including planting of aquatic species of native origin found locally and
suitable for the conditions, conditions (24) and (25) being imposed to ensure
that biodiversity issues are appropriately addressed; |
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(26) that prior to the start of
construction work, a detailed public access plan will be provided for the
approval of the Head of Planning Services, such a plan shall consider routes
into and through Commoncraig Plantation, to ensure accessibility is secured
in the public interest; |
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(27) that prior to the start of any
development, drawings shall be updated to show the finalised drainage
proposals, confirmation shall be provided that land drainage is to be
installed where required or requested to prevent run-off to public roads and
property, and a statement shall be submitted verifying where maintenance
responsibility lies for the proposed drainage systems, to control the
drainage of water from the site to prevent flooding; |
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(28) that prior to the start of
construction of the bridge, the applicant shall submit full details of the
alterations to lighting and CCTV at Inverkip Railway Station and shall
receive approval in writing from the Head of Planning Services in consultation
with First Scotrail for the timetable for these changes, thereafter, the
applicant shall adhere to the approved timetable, in the interests of public
safety; |
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(29) that the footbridge hereby
approved and the disabled parking spaces shall be constructed and marked out
ready for use prior to occupation of the 136th house hereby permitted, to
ensure provision of the footbridge and disabled parking spaces at a stage of
the development assessed as appropriate to the public interest and in the
interests of achieving a sustainable transport solution; |
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(30) that upon opening of the
bridge, surfaced and unobstructed footways leading from the approved housing
shall be provided at all times; and |
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(31) that the park and ride facility
hereby permitted shall be surfaced to final wearing course and ready for use
prior to the opening of the footbridge, conditions (30) and (31) being
imposed to encourage use of the footbridge and Inverkip Railway Station in
the interests of sustainability; and |
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(ii) that the Convener, Vice-Convener and the Head of Planning Services meet with representatives of Inverclyde Council on Disability to discuss the application. |
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891 (b) |
Variation
to Planning Permission IC/04/151 for the Erection of a Dwellinghouse: |
891 |
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Decided: that planning permission be granted. |
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(c) |
Extension to Dormer and Provision of Timber Deck: |
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Decided: that 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 prior to the
commencement of work on site, details of a screen fence of a height not less
than 1800 mm be submitted to and approved by the Head of Planning Services, the
screen must then be erected prior to the use of the decking and maintained in
position at all times during the lifetime of the decking, to ensure that
there is no overlooking from the decking, leading to unacceptable loss of
privacy to neighbouring property. |
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(d) |
Erection of Boundary Wall in |
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Decided: that planning permission be granted. |
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(e) |
Alterations
and Roof Extension to Dwellinghouse: |
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Decided: that planning permission be granted. |
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(f) |
Formation
of Rear Extension to Dwellinghouse to Form Garage and Balcony and Erection
of New Boundary Wall (Amendment to Planning Permission IC/04/401R): |
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The report recommended that planning permission be granted subject to a number of conditions. |
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Decided: that consideration of the application be continued to allow Members of the Committee the opportunity to visit the site. |
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(g) |
Change of Use of
Basement Cellar Space to use as Flat: |
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Decided: that planning permission be granted. |
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(h) |
Erection of 4 Flats: |
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Councillor Snoddy was present as Ward Councillor and with consent spoke on the matter. |
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Decided: that planning permission be refused for the following reasons:- |
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891 |
(1) as the development due to its location and proximity to neighbouring property would unacceptably lead to a severe reduction in the amount of daylight within the bedroom of the neighbouring property at number 19 Patrick Street, impacting unacceptably on the amenity and enjoyment of occupants; and |
891 |
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(2) as
the development due to its proximity to St Mary’s primary school and |
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(i) |
(1) Erection of
Dwellinghouse for an Agricultural Worker and (2) Erection of Two Agricultural Sheds
for Livestock: High Mathernock Farm, Kilmacolm (IC/06/226 & IC/06/227) |
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Decided: |
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(i) that, subject to the applicant
entering into a Section 75 Agreement under the Town and Country Planning
(Scotland) Act 1997 restricting occupancy of the house to person(s) solely or
mainly employed or last employed in the locality in agriculture or a
dependant of such a person residing with him or her or a widow of such a
person, planning permission for the erection of a dwellinghouse for an
agricultural worker 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 ( |
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(2) that the final
colour of the wet dash render be submitted to and approved in writing by the
Head of Planning Services prior to work commencing; |
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(3) that details of
the design of the external doors and windows shall be submitted to and
approved by the Head of Planning Services prior to work commencing; |
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A(4) that a sample of roof tile shall be submitted to and
approved in writing by the Head of Planning Services prior to work commencing,
conditions (2), (3) and (4) being imposed to ensure that the external
finishes are appropriate for the locality; and |
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(5) that development
shall not commence until details of hard and soft landscaping have been
submitted to and approved in writing by the Head of Planning Services, |
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details of the scheme shall include:- |
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(i) the
design, location and height of new fencing and gates; (ii) the
external finish to the driveway/turning area; (iii) location of new trees, shrubs and grassed areas; (iv) schedule
of plants to comprise species, plant sizes and proposed number/density; and (v) programme for
completion and subsequent maintenance, |
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to ensure that the development is completed in a satisfactory
manner; and |
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(ii) that planning permission for the erection of two
agricultural sheds 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 ( |
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(2) that the colour of the external cladding be submitted to
and approved in writing by the Head of Planning Services prior to work
commencing, to ensure that the external finishes are appropriate for the
locality; |
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(3) that existing trees as shown on drawing No. 513/PL/03 on
site shall not be lopped, topped, felled, removed or disturbed in any way
without the prior written consent of the Head of Planning Services; |
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(4) that development on site shall not begin until trees
marked for retention have been protected by suitable fencing. Details of this fencing shall be submitted
for the consideration of the planning authority and no work shall begin until
the written approval of the Head of Planning Services has been given,
conditions (3) and (4) being imposed to maintain the contribution of existing
trees to the landscape quality of the area; |
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(5) that development shall not commence until details of new
tree planting have been submitted to and approved in writing by the Head of
Planning Services. Details of the
scheme shall include: |
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(i) location of new trees; |
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(ii) schedule of plants to comprise species, plant size and
proposed numbers/density; |
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(iii) programme for completion and subsequent maintenance |
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to ensure that the planting is
appropriate for the locality; |
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(6) that a survey for barn owls shall be carried out prior to
any development works commencing.
This should be carried out by a suitably qualified surveyor, and any
recommendations made should be implemented in consultation with SNH and the
Head of Planning Services, to afford protection to species protected under
Schedule 1 of the Wildlife and Countryside Act 1981; |
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(7) that the applicant must ensure that all waste, manure and
slurry is contained and disposed of in accordance with the Silage, Slurry and
Agricultural Fuel Oil (Scotland) Regulations 2003; and |
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(8) that all roof drainage from the livestock buildings must
be entirely separated from the cattle shed and uncontaminated drainage may be
disposed of via the field drainage system, conditions (7) and (8) being
imposed to prevent pollution of watercourses. |
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(j) |
Erection of Acoustic
Screen Wall to Electricity Sub-Station (Amendment to Planning
Application IC/04/153R) (in retrospect): |
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Decided: that planning permission be granted subject to the condition that noise rating curve NR 20 should be achieved within the bedrooms of the houses at “Fernhill” (Plot 3) and “Oakwood” (Plot 4) prior to the houses being occupied, to prevent noise nuisance to the future residents of “Fernhill” (Plot 3) and “Oakwood” (Plot 4). |
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(k) |
Construction of
Dwellinghouse and Detached Garage: Land Adjacent to Knapps,
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The report recommended that planning permission be refused for a number of reasons. |
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The Head of Planning Services referred to a letter received from the applicant’s agent requesting continuation of the application to afford the applicant the opportunity to address the reasons for refusal set out in the report. |
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Decided: that at the applicant’s request consideration of the application be continued to afford the applicant the opportunity to address the reasons for refusal set out in the report. |
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892 |
PLANNING AND ENFORCEMENT
NOTICE APPEALS |
892 |
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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 11 January 2006 to refuse planning permission in retrospect for the erection of timber decking at Cottage 9, Faith Avenue, Quarriers Village (IC/05/408), and the subsequent appeal by the applicant to the Scottish Ministers against that refusal and the service of an Enforcement Notice, the Reporter appointed by the Scottish Ministers had issued his decisions which were to dismiss the appeal against the refusal of planning permission and to dismiss the Enforcement Notice appeal but to extend the period for removal to four months to allow the appellant to consider an appropriate alternative treatment for the area of ground. |
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Noted |
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893 |
PLANNING APPEAL CLAIM
FOR AWARD OF EXPENSES |
893 |
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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, the applicant had submitted a claim for award of expenses against the Council and that the Reporter appointed by the Scottish Ministers had issued his decision which was to dismiss the claim for the award of costs. |
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Councillor Mitchell declared an interest in this item. |
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Noted |
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