STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, OLD VIEWFORTH, STIRLING on TUESDAY 4 OCTOBER 2016 at 10.30 am
Present
Councillor Margaret BRISLEY (in the Chair)
Councillor Neil BENNY
Councillor Scott FARMER
Councillor Danny GIBSON
Councillor Graham LAMBIE (except PL474)
Councillor Ian MUIRHEAD (except PL474)
Councillor Mike ROBBINS (except PL474)
Councillor Christine SIMPSON
Councillor Jim THOMSON
In Attendance
Alastair Brown, Director of Localities & Infrastructure
Stephanie Cameron, Licensing Team Leader, Localities & Infrastructure
Jay Dawson, Team Leader – Development Management, Localities & Infrastructure
Iain Jeffrey, Senior Planning Officer, Localities & Infrastructure
Mark Laird, Planning Officer, Localities & Infrastructure
Sian Lower, Communications Officer, Chief Executive’s Office
Derek Parry, Public Transport Co-ordination Team Leader, Children, Communities & Enterprise
Robert Plewes, Transport Scheduling Co-ordinator, Children, Communities & Enterprise
Sheila McLean, Committee Officer, Localities & Infrastructure (Clerk)
Also Present
Inspector Graham Capes, Police Scotland
Sergeant Marie White, Police Scotland
Agenda
The Chair intimated her intention to alter the order of the Agenda. The items were taken in the order minuted below.
PL467 APOLOGIES AND SUBSTITUTIONS
There were no apologies or substitutions.
PL468 DECLARATIONS OF INTEREST
There were no declarations of interest.
PL469 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business.
PL470 MINUTES – PLANNING & REGULATION PANEL – 6 SEPTEMBER 2016
Decision
The Panel agreed to approve the Minutes of Meeting held on 6 September 2016 as an accurate record of proceedings.
PL471 URBAN WOODLAND AND REGENERATION PROPOSALS INCLUDING 4 HOUSE WITH NEW VEHICULAR ACCESS AND ASSOCIATED
LANDSCAPING AT KIPPENDAVIE WOOD, KIPPENDAVIE ROAD, DUNBLANE –
THE IGM DALGLEISH (1991) TRUST – 16/00099/FUL
A report by the Senior Manager – Infrastructure advised of an application for urban woodland and regeneration proposals at Kippendavie Wood, Kippendavie Road, Dunblane.
The application had been referred to the Planning & Regulation Panel at the request of Councillor Mark Ruskell on the basis of the potential impact of the development proposal on loss of amenity, green space and biodiversity.
The Chair advised that a Hearing had been requested.
No further discussion took place on the application.
Decision
The Panel agreed to defer consideration of the application pending a Hearing to take place at a future meeting of the Panel.
(Reference: Report by Senior Manager – Infrastructure dated 28 September 2016, submitted).
PL472 ERECTION OF COTTAGE FOR HOLIDAY LETTING AT LAND ADJACENT TO OF MALLARD COTTAGE, STIRLING – MR & MRS I CALLION –
16/00449/FUL
A report by the Senior Manager – Infrastructure advised of an application for the erection of a cottage for holiday letting at land adjacent to the east of Mallard Cottage, Stirling.
The application had been referred to the Planning & Regulation Panel at the request of Councillor Alasdair MacPherson, on the view that the proposed development was consistent with a number of local and national planning policies relating to tourist developments and accommodation.
Councillor MacPherson had requested that: “the Planning Panel scrutinise the
business case, which has been submitted by the applicant, which identifies an unmet demand for such accommodation in this location.”
The Applicant had requested a site visit and hearing.
No further discussion took place on the application.
Decision
The Panel agreed to defer consideration of the application pending a site visit and Hearing to take place at a future meeting of the Panel.
(Reference: Report by Senior Manager – Infrastructure dated 28 September 2016, submitted).
PL473 DETERMINATION OF APPLICATION FOR HOUSE IN MULTIPLE OCCUPATION – FIRST TIME APPLICATION: 39 ACHRAY DRIVE, CORNTON,FK9 5DL
A report by the Senior Manager – Environment and Place advised of an application for a House in Multiple Occupation licence at 39 Achray Drive, Cornton, Stirling.
Members were advised that the Application had been withdrawn and no discussion took place.
Decision
The Panel noted that the Application had been withdrawn.
(Reference: Report by Senior Manager – Environment & Place dated 13 September 2016, submitted).
As they had not attended the site visit, Councillors Graham Lambie, Ian Muirhead and Mike Robbins left the Meeting at this point and took no part in consideration of the following item.
PL474 DEMOLITION OF EXISTING STORAGE BUILDING, ALTERATIONS TO AND ERECTION OF 6 STUDENT FLATS (CLASSIFIED AS– – HEARING
A report by the Senior Manager – Infrastructure advised of an application for the demolition of an existing buildling, alterations to restaurant and erection of six student flats at land to the rear of 21 Dumbarton Road East, Stirling.
The application had been referred to the Planning & Regulation Panel at the request of Councillor Christine Simpson on the grounds that the proposed flats would block out daylight and sunlight to the adjoining flats and compromise the privacy of existing residents.
At its meeting on 6 September 2016, the Panel agreed to defer consideration of the application pending a site visit and Hearing. The site visit took place on 29 September 2016 and a note of the site visit is attached as an Appendix to these Minutes.
All Members currently present had attended the site visit and could therefore take part in consideration of the item.
The Senior Planning Officer introduced the report, which provided further information on (a) the site; (b) the proposal; (c) previous history; (d) development plan policy; (e) HMO Overprovision Policy; (f) assessment and (g) consultations. Six representations had been received.
The six student flats were classed as houses in multiple occupation. As the proposal was for a new build HMO student accommodation, it was exempt from the Council’s HMO overprovision policy. The proposals complied with Supplementary Guidance on ensuring access for all, with car free parking and one single disabled parking space. It was considered that the siting and design would preserve the Conservation Area, would not overshadow surrounding houses and flats, and would not result in a loss of residential privacy.
There was adequate space to manoeuvre in and out of the disabled parking space. Conditions would address potential odour control and noise from the restaurant.
The officer recommendation was to approve the application subject to the conditions and reasons set out in Appendix 1 to the submitted report.
The Senior Planning Officer responded to a number of questions from Members.
Hearing
Applicant
The Applicant, Mark Crawford and Tommy Thomson, Architect, presented the case in support of the application.
Planning permission had been approved in 2007 for a similarly sized block of flats but it had been decided not to go ahead. The current application was of the same footprint size. There was a high demand for this type of student accommodation and the current proposal was more economically viable.
Measures had been taken to mitigate objectors’ concerns and requirements set by the conditions would be carried out.
The proposed building was smaller than others in Allan Park and Dumbarton Road and satisfied all conditions of the guidelines regarding overshadowing, loss of daylight, overlooking and privacy. The new building would cover only 37% of the plot size currently taken by the redundant warehouse and would have the added benefit of garden and amenity space. As the property was within a Controlled Parking Zone, there was no requirement to provide parking and students would be advised that there was no parking available.
In response to objectors’ concerns that the proposed use was a misfit in a traditional neighbourhood culture, the Applicant stated his view that young people had as much right as anyone else to live, work and study in the city centre.
In conclusion, the Applicant asked the Panel to see the merit within the proposal. The Applicant and Architect responded to a number of questions from Members.
It was confirmed that the flats would be let on a 43-week lease and that essential maintenance would be carried out in the summer weeks. The flats would not be offered for holiday let.
A concern was raised that, if permission was granted for the current proposal which was exempt from the HMO overprovision policy, one or more of the flats could be sold off at a later date. The Development Management Team Leader confirmed that the application before Panel today was for a property to be used as a House in Multiple Occupation. Any change to that at a later date would require fresh planning permission. He further confirmed that it would be possible to set a condition that the property be operated as a single unit.
Objector
Robert Ritchie spoke against the application.
Mr Ritchie explained that he was concerned about noise disturbance and proximity of a building housing 23 students close to his home. The area at the back of the properties at Allan Park was already very small and adding this high density building would overwhelm the area.
Parking in Allan Park was already inadequate. The proposal for no parking provision was unacceptable and it was unrealistic to assume that none of the occupants would have cars or visitors with cars. Existing resident spaces in Allan Park were taken by those without permits as rules were not enforced and staff from the restaurant parked in the street. Added traffic would add to congestion at the bingo hall side of Allan Park.
The application referred to a private waste contractor collecting waste. Details of the uplift schedule and recycling plans should be provided to ensure compliance with Scotland’s zero waste targets. There was already an issue with private uplift of food waste in Allan Park and reasonable effort should be made now to ensure a similar situation did not arise with this application.
The rough-cast design of the proposed building was inappropriate and not in keeping with the architecture and history of this conservation area. The development would have a detrimental visual impact and effect on the character of the area, and on property prices.
In conclusion, Mr Ritchie asked Members to consider the following:-
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What measures would be taken to ensure no structural damage to nearby listed buildings and what assurances and guarantees could be made if there was any adverse effect?
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Would residents of the flats be able to buy parking permits?
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What provision had been made for parking of construction vehicles and to ensure road safety with large vehicles in a dense area?
The Development Management Team Leader advised that an Advisory Note could be issued to the Developer in respect of Good Neighbour Practice to cover concerns around vibration and property damage, but this could not be covered by a condition.
He further advised that the issue of parking permits was not within the Panel’s remit. In the event of permission being granted, officers would work with the applicant to address the concerns around construction traffic.
Councillor Neil Benny, seconded by Councillor Danny Gibson, moved that the Panel agree to approve the application subject to the conditions and reasons set out in Appendix 1 to the submitted report, and further additional conditions.
In terms of Standing Order No 66, Councillor Christine Simpson, having moved to refuse the application but having failed to find a seconder, requested that her dissent be recorded.
Decision
The Panel agreed:-
-
to approve the application subject to the conditions and reasons set out in Appendix 1 to the submitted report, and additional conditions in respect of the following:-
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submission of a cross-sectional drawing showing existing and
proposed site levels from Crosbie’s Court into the site; -
submission of a Construction Management Plan;
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that the building shall be managed and shall operate as a single
House in Multiple Occupation development and not as separate flatted units.
-
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that an Advisory Note be issued to the Developer in respect of Good
Neighbour Practice.
(Reference: Report by Senior Manager – Infrastructure dated 27 September 2016, submitted).
In terms of Standing Order No. 77, the Panel adjourned at 11.25 am and reconvened at
11.35 am.
Councillors Graham Lambie, Ian Muirhead and Mike Robbins rejoined the Meeting at this point.
The Panel resolved that under Section 50A (4) of the Local Government (Scotland) Act 1973, the public be excluded from the Meeting for the following items of business on the grounds that they involved the disclosure of exempt information as defined in Paragraphs 3, 6 & 13 and 6 & 13 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
PL475 DISABLED PERSON’S PARKING BADGE (BLUE BADGE)
The Public Transport Co-ordination Team Leader introduced a report by the Senior Manager – Communities and People, which advised of an appeal against the decision not to grant a disabled person’s parking badge (blue badge).
Copies of the application form, desk based assessment and independent mobility assessment report were attached as appendices to the report, together with further supporting information submitted by the applicant’s spouse.
The report included details of the guidance set out in The Blue Badge Scheme
(Scotland): Code of Practice for Local Authorities and the relevant Regulations.
Members discussed their concerns at the limitations of the guidelines in recognising the challenges faced by those with certain medical conditions and the procedures followed when carrying out assessments.
Decision
The Panel agreed:-
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to overturn the decision not to award a Blue Badge to the Applicant at this time and to grant the Appeal;
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that the Chair, on behalf of the Panel, write to Transport Scotland to request that consideration be given to revising the guidelines to take account of neurological and progressive conditions;
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to instruct officers to review the guidance given to Appellants to provide more clarity on the procedures involved.
(Reference: Report by Senior Manager – Communities and People dated 30 August 2016, submitted).
PL476 APPLICATION FOR THE GRANT OF A TEMPORARY PUBLIC ENTERTAINMENT
LICENCE
The Licensing Team Leader introduced a report by the Chief Officer – Governance, which advised of an application for the grant of a temporary public entertainment licence.
Police Scotland had lodged a representation asking the Panel to consider the
application. A copy of a letter from Police Scotland was attached as Appendix 1 to the submitted report. Stirling Council’s Estates Team had also expressed concerns in respect of the application.
The Chief Constable’s representative set out the reasons for the representation, relating to incidents and an increase in criminal activity which had taken place previously when the event had been held at this site. She stressed that there was no issue with the Applicant, who had held events in Falkirk and Alloa without incident; the concerns related mainly to the proposed location.
The Panel heard from the Applicant, who spoke in support of his proposal. He gave assurance that steps would be taken to increase security and, if any further incidents occurred, he would not seek permission to use this site again. He stressed that his business supported a number of families and he was willing to work with Police Scotland to ensure a secure event. Alcohol was not permitted within the event and anyone under the influence of alcohol would not be allowed entry.
It was noted that the proposed start date for the event had already passed and it was suggested that, if the licence was granted, the applicant should work with officers to find alternative dates.
Decision
The Panel agreed:-
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to grant the Temporary Public Entertainment Licence;
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to note that officers would work with the Applicant to identify suitable alternative dates for the event.
(Reference: Report by Chief Officer - Governance dated 15 September 2016,
submitted).
The Licensing Team Leader presented a report by the Chief Officer – Governance, which advised of a complaint lodged by Police Scotland in terms of Paragraphs 11 & 12, Schedule 1 of the Civic Government (Scotland) Act 1982 in relation to an individual and his suitability as a fit and proper person to hold a taxi driver’s licence.
A copy of a letter from Police Scotland dated 13 September 2016 was attached as an Appendix to the report.
The licence was due to expire on 31 October 2016. Members were advised that the licence had been suspended with immediate effect on 14 September 2016 under delegated powers.
The Licence Holder was not present.
The Panel was invited to consider whether or not to suspend the licence and, if so, whether to do so with immediate effect.
Decision
The Panel agreed to suspend the Taxi Driver’s Licence with immediate effect under Paragraph 11(10) of the Civic Government (Scotland) Act 1982.
(Reference: Report by Chief Officer - Governance dated 15 September 2016,
submitted).
The Chair declared the Meeting closed at 12.25 pm
Appendix
PLANNING & REGULATION PANEL SITE VISIT
THURSDAY 29 SEPTEMBER 2016 at 3.00 pm
Present:
Councillor Margaret Brisley (Chair)
Councillor Neil Benny
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Christine Simpson
Councillor Jim Thomson
Apologies:
Councillor Graham Lambie
Councillor Ian Muirhead
Councillor Mike Robbins
In Attendance:
Jay Dawson, Team Leader – Development Management, Localities & Infrastructure
Karen Swan, Committee Support Officer, Localities & Infrastructure
DEMOLITION OF EXISTING STORAGE BUILDING, ALTERATIONS TO RESTAURANT
AND ERECTION OF 6 STUDENT FLATS (CLASSIFIED AS HOUSES IN MULTIPLE
OCCUPATION) 23 BEDSPACES TOTAL AT LAND TO REAR OF 21, DUMBARTON
ROAD EAST, STIRLING – MR MARK CRAWFORD – 16/0266/FUL – HEARING
This application had been referred to the Planning and Regulation Panel at the request of Councillor Christine Simpson on the grounds that the proposed flats would block out daylight and sunlight to the adjoining flats and compromise the privacy of existing residents.
The application was deferred from the previous meeting on 6 September 2016 for a Hearing and a site visit.
The group gathered outside 21 Dumbarton Road East at the start of the site visit. After gaining access to the site via the Papa Joe’s Restaurant, the Team Leader for Development Management addressed Members of the Planning & Regulation Panel with a brief outline of the planned proposal.
The Members reviewed the proposal noting redevelopment of the existing site and requested clarification on whether it would require more than one application of HMO (Houses in Multiple Occupation) since 6 flats, inclusion of a disabled person flat would be encompassed within the building. The Team Leader for Development Management confirmed he would investigate and confirm details at the Planning & Regulation Panel on Tuesday 4 October 2016.
After walking round to Crosbies Court, the Members viewed the area in which the front of the proposal would be established. Noting the demolition of part of the existing wall, the Members raised concern on the space available for the disabled parking space and the feasibility to manoeuvre the vehicle.
The site visit concluded at 15:43 pm.