Service updates

Planning and Regulation - Tuesday 28th February 2017

Last updated

09 Mar 2023

 

STIRLING COUNCIL‌‌‌

 

MINUTES of MEETING of the PLANNING & REGULATION PANEL held in the COUNCIL
CHAMBERS, OLD VIEWFORTH, STIRLING on TUESDAY 28 FEBRUARY 2017 at 10.30

am

 

Present

 

Councillor Margaret BRISLEY (in the Chair)

Councillor Neil BENNY
Councillor Scott FARMER
Councillor Danny GIBSON
Councillor Graham LAMBIE

Councillor Ian MUIRHEAD
Councillor Mike ROBBINS
Councillor Christine SIMPSON
Councillor Jim THOMSON

 

In Attendance

 

Jane Brooks-Burnett, Senior Planning Officer, Localities & Infrastructure
Stephanie Cameron, Licensing Team Leader, Localities & Infrastructure

Christina Cox, Planning & Building Standards Manager, Localities & Infrastructure
Jay Dawson, Team Leader – Development Management, Localities & Infrastructure
Sian Lower, Communication Officer, Chief Executive’s Office

Scott Mason, Fisheries Officer, Localities & Infrastructure

John MacMillan, Service Manager, Integrated Facilities Management, Localities & Infrastructure

Ruth O’Hare, Lead Solicitor, Localities & Infrastructure

Neil Pirie, Senior Development Control Officer, Localities & Infrastructure
Brian Roberts, Senior Manager Infrastructure, Localities & Infrastructure

Nichola Walker, Private Rented Housing Enforcement Officer, Localities & Infrastructure
Gregor Wightman, Property & Private Sector Housing Manager, Localities & Infrastructure
Sheila McLean, Governance Officer, Localities & Infrastructure (Clerk)‌

Karen Swan, Committee Officer, Localities & Infrastructure (Minutes)

 

PL499 APOLOGIES AND SUBSTITUTIONS

 

There were no apologies or substitutions.

 

PL500 DECLARATIONS OF INTEREST

 

Councillors Neil Benny, Margaret Brisley and Jim Thomson declared an interest in Agenda Item 8 (Minute Para PL506) as Member of the Valuation Joint Board.

PL501 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR‌

 

There were no items of urgent business.

 

PL502 MINUTES – PLANNING & REGULATION PANEL – 31 JANAURY 2017

 

Decision

 

The Panel agreed to approve the Minutes of Meeting held on 31 January 2017 as an accurate record of proceedings.

 

PL503 RE-CONSTRUCTION OF EXISTING OVERBRIDGE AT OVERBRIDGE TO NORTH OF KERSE ROAD ROUNDABOUT, KERSE ROAD, STIRLING -
NETWORK RAIL – 17/00002/FUL

 

The application had been referred to Planning and Regulation Panel at the request of Councillor Gerry McLaughlan in order to allow the Panel to assess the potential impacts of the application on the Stirling City area as a result of the Kerse Road closure.

 

Members were advised that further plans had been received in support of this
application which would require the 21 days notification period. Councillor Gerry McLaughlan had requested that the application be considered through the Hearing procedure.

 

No further discussion took place on the application.

 

Decision

 

The Panel agreed to defer consideration of the application to a Hearing to take place at a future meeting of the Panel.

 

(Reference: Report by Senior Manager Infrastructure (Localities & Infrastructure), dated 21 February 2017, submitted)

 

PL504 MASTERPLAN AND REGENERATION OF SITES 6, 7, 8, 8A, 9 AND 22 AT AS SHOWN IN THE PLAN FOR NEW BUILD HOUSING AND FLATSWITH ASSOCIATED LANDSCAPE AND AMENITY AT LAND MOSTLYROAD, STIRLING – ROBERTSON PARTNERSHIP HOMES LTD –
16/00771/PPP

 

Robertson Partnership Homes Ltd were seeking planning permission in principle for residential development across six sites within Raploch. This partnership was between Stirling Council and Robertson. The application was for planning permission in principle where details such as layout, housing type, parking, landscaping were confirmed in future application(s). The application was brought to Planning & Regulation Panel as it was a Major planning application under the terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and the Council had a financial interest in the development.

The Senior Planning Officer introduced and provided information on the background of the application and the recommendations detailed within the report. The report provided information on (a) the site; (b) the proposal; (c) previous history; (d) Development Plan policy; (e) assessment; and (f) consultations. Two objections were received regarding the application.

 

The Panel discussed at length the report and acknowledged Members concerns. Officers confirmed that additional conditions would be incorporated into the application, firstly to ensure that any development that exceeds 2.5 storeys would have to supply supporting information to justify the reason and that the design brief would demonstrate a cohesive mix of tenure type/design throughout the site.

 

Additionally officers would give further consideration to access pathways and potential for a roundabout at Site 7.

 

Decision

 

The Panel agreed to approve the application subject to conditions set out in Appendix 1 to the submitted report and to the following additional conditions: -

 

  • Condition 1 (g) – Where development proposals exceed 2.5 storeys then
    supporting contextual design information would be submitted to justify such proposals.

     

  • Condition 1 (h) – a design brief for site 8/8A shall be provided to demonstrate a cohesive mix of tenure type/design throughout the site.

 

(Reference: Report by Senior Manager Infrastructure (Localities & Infrastructure), dated 21 February 2017, submitted)

 

PL505 REVIEW OF TAXI VEHICLE LICENCES

 

At the meeting on 31 May 2016 the Planning & Regulation Panel tasked officers to investigate further the options surrounding removing the taxi vehicle limit, and to provide further information in relation to training for taxi drivers licences. The Panel also requested that officers investigate the setting up of a taxi and private hire forum.

 

A survey was sent out to all thirty two Local Authorities and eighteen responses were received. A separate survey was also sent to all taxi and private hire operators and taxi and private hire drivers. Seventy seven responses were received. Twenty one of the respondents were both taxi operator and driver, four were taxi operators only, thirty five were taxi drivers, eleven were both private hire operator and driver and six were private hire drivers.

 

From the results of the survey, the operators/drivers felt it would be beneficial to establish the forum. It was intended that two meetings would be held to determining whether it should be established on a permanent basis. A follow up report would be submitted to Panel after a 12 month period to inform Members of the operation of the forum.

 

The report noted that training would be supplied for taxi drivers on basic legislation, disability awareness, and customer care and knowledge test. Officers noted Members request for dementia training to be included.

Councillor Margaret Brisley, seconded by Councillor Jim Thomson, proposed that the Panel approve the officer recommendations in the submitted report.

 

Councillor Neil Benny proposed an amendment, but having failed to find a seconder, the Amendment fell.

 

Decision

 

The Panel agreed: -

 

  1. to increase the limit vehicle licences from seventy four to seventy five in
    accordance with the proposals in the submitted report and to instruct officers to review the demand for taxis in the Stirling local authority were no later than 31 May 2019;

     

  2. to instruct licensing officers to establish a taxi and private hire forum in accordance with the proposals at paragraph 3.15 in the submitted report and to report back to the Panel after twelve months regarding its operation;

     

  3. to instruct licensing officer to implement a street knowledge test for all new applications for the grant of taxi and private hire drivers licences with immediate effect, in accordance with the proposals in the submitted report; and

     

  4. to instruct officer to undertake investigations onto additional training for taxi and private hire drivers and report back to the Panel.

 

(Reference: Report by Chief Officer - Governance (Localities & Infrastructure), dated 20 February 2017, submitted)

 

PL506 STIRLING COUNCIL – FISHERIES REVIEW OF CORPORATE ROD PRICING
STRUCTURE

 

In terms of Standing Order 78, Members agreed unanimously to reconsider the original decision taken on 8 November 2016, as this was taken within the last six months.

 

The Committee was advised that following its meeting on 8 November, the Planning & Regulation Panel set fees for the 2016/17 fisheries season, freezing prices form the previous 2015/16 season.

 

It was noted that a full structure pricing review would be completed later in 2017, to which the Valuation Joint Board would set the rateable value for the district salmon fishery board to work from.

 

Councillor Neil Benny, Councillor Margaret Brisley and Councillor Jim Thomson
declared an interest as sitting panel members on the Valuation Joint Board. It was agreed that the nature of discussion would not impede or compromise the members on the Valuation Joint Board in respect to the submitted report.

 

To date this year, a total of 7 corporate rods had been sold, none of these to
businesses outwith Stirling.

 

The reduction on corporate permits sold would have an impact on the local economy, catch returns and also the annual income for the Fisheries Service.

It was proposed for the remaining 8.5 months of the fishing season that corporate rod prices for organisations and businesses outwith Stirling be reduced from £429.00 to £296.00, the price they were in 2015.

 

It was noted that at the end of the session, a full structure review on fisheries rod pricing structure would take place and reported back to the Planning & Regulation Panel in November 2017.

 

Decision

 

The Panel agreed:

 

  1. to reconsider the decision taken by Panel on 8 November 2016; and

     

  2. to reduce corporate rod prices for organisations and businesses outwith Stirling to £296.00.

     

    (Reference: Report by Senior Manager Environment & Place (Localities &
    Infrastructure), dated 13 February 2017, submitted)

     

    The Committee resolved under Section 50A (4) of the Local Government (Scotland) Act
    1973 that the public be excluded from the meeting for the following item of business on the grounds it involved the disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

     

    PL507 DETERMINATION OF APPLICATION FOR HOUSE IN MULTIPLE OCCUAPTION RENEWAL APPLICATION: 15C ALLAN PARK, STIRLING, FK8 2QG

     

    An application to renew the existing House in Multiple Occupation licence had been submitted by the joint owners of 15C Allan Park, Stirling to operate the premises as a house in Multiple Occupation. The licence application was for a licence in the name of the joint owners and proposed managing agent.

     

    All properties that were to be operated as a House in Multiple Occupation must apply for a licence under the Housing (Scotland) Act 2006 Part 5.

     

    Planning permission was not required for a “change of use” as the property had been operated as a licenced House in Multiple Occupation since 2006. The property was currently licensed with an occupancy level of up to five occupants and the joint applicants were not proposing any change to the current occupancy level.

     

    Stirling Council introduced the Revised Supplementary Guidance SG05 &
    Overprovision Policy – House in Multiple Occupation on 29 October 2015. The policy stated that renewal application would only be presented to the Planning & Regulation Panel where a number of objections had been received in response total 21 day Public Notice displayed. A total of four objections received.

     

    The property was currently a five bedroom upper maisonette flat and the applicants sought to renew the licence for the existing occupation level for up to five occupants.

    Following a number of concerns raised by Members, the Property & Private Sector Housing Manager confirmed that the lease would be for six months and should any of the recommendations not be upheld, a Notice to Quit could be placed on the tenant(s). Police Scotland noted no adverse comments to the proposal.

     

    Decision

     

    The Panel agreed:

     

    1. to grant the renewal of the House in Multiple Occupation licence application subject to the following additional licence conditions:-

 

      1. All refuse bins and recycling boxes must be stored within the external coal cellar shown tinted brown on the Land Certificate pertaining to 15C Allan Park out with refuse collection days;

         

      2. The landlord would be responsible for ensuring the adequate supply of refuse bins, recycling bins / boxes for an occupation level of up to five occupants;

         

      3. The landlord would be responsible for ensuring the refuse bins and recycling boxes/bins were presented for collection on the specified collection and removed from the street by the end of the specified collection day;

         

      4. No refuse bags or any other items would be stored within the
        communal entrance vestibule that serves 15 and 15C Allan Park, Stirling;

         

      5. The landlord and their appointed Managing Agent would continue to operate the premises as a ‘Sensitive Let’ as agreed by the Private Rented Housing Enforcement Officer for the duration of the licence and the property would not be let to first or second year full time students;

         

      6. Prior to the signing of any new tenancy agreement, all prospective tenants and their parents /guardians would be fully informed of the ‘Sensitive let’ policy applying to the property and all tenants would sign an Acceptable Behaviour Contract prior to signing a tenancy agreement for the property. The proposed Acceptable Behaviour Contract must be submitted to the Private Rented Housing Enforcement Officer for approval prior to any new tenancy being created;

         

      7. The House in Multiple Occupation licence was to be granted for a period of one year only in order to allow Officers to continue to monitor the effectiveness of the new ‘Sensitive Let’ policy that was implemented by the landlord in July 2016;

         

      8. After the current tenancies end in July 2017, all new tenancies created thereafter would commence concurrently and would be for a period of six months and thereafter on a month to month basis;

         

      9. All repairs and alterations identified at the inspection carried out by the Private Rented Housing Enforcement Officer on 27 July 2016 would be completed within three months of the new licence being issued and to the full satisfaction of the Private Rented Housing Enforcement Officer;

         

      10. All door closures to the fire doors within the premises would be inspected by the landlord and/or the Managing Agent on a monthly basis and adjusted as necessary on the same visit and a log maintained of the inspections carried out and the actions taken at each inspection;

         

      11. Prior to the renewal of all floor coverings in the property, all loose floor boards would be re-secured and adjusted as necessary to eliminate any audible floorboard movement; and

      12. No audio equipment speakers would be permitted to be floor
        mounted on any of the floors within the property.

 

(Reference: Report by Senior Manager Environment & Place (Localities &
Infrastructure), dated 8 February 2017, submitted)

 

The Chair declared the Meeting closed at 12.10 pm