STIRLING COUNCIL
MINUTES of MEETING of the PLANNING & REGULATION PANEL held in COUNCIL
CHAMBERS, OLD VIEWFORTH, TUESDAY 1 AUGUST 2017 at 10.00 am
Present
Councillor Chris Kane (in the Chair)
Councillor Maureen BENNISON
Councillor Douglas DODDS (Chair for item
5, para PL011 refers)
Councillor Bryan FLANNAGAN
Councillor Graham LAMBIE
Councillor Jeremy McDONALD
Councillor Evelyn TWEED
In Attendance
Shona Campbell, Licensing Paralegal - Environment & Place
Christina Cox, Christina Cox, Planning & Building Standards Manager, Localities & Infrastructure
Jay Dawson, Team Leader – Development Management, Localities & Infrastructure
Lindsay Fyfe, Licensing Standards Officer - HR & OD
Iain Jeffrey Senior Planning Officer, Localities & Infrastructure
Mark Laird, Planning Officer, Localities & Infrastructure
Neil Pirie, Senior Control Development Officer, Localities & Infrastructure
Robert Plewes, Transport Scheduling Co-ordinator - Communities & People
Rebecca Jardine, Communications Officer – Children, Committees & Enterprise
Iain Strachan, Chief Officer – Governance, Localities & Infrastructure (Clerk)
Mary Love, Committee Officer, Localities & Infrastructure (Minutes)
Also Present
Sergeant Andrea Campbell, Police Scotland
AGENDA
The Chair intimated his intention to alter the order of the Agenda. The items were taken in the order minuted below.
PL006 APOLOGIES AND SUBSTITUTIONS
Apologies were submitted on behalf of Councillor Alasdair MacPherson and Councillor Alistair Berrill.
PL007 DECLARATIONS OF INTEREST
Councillor Chris Kane declared an interest in Agenda Item 5, Minute Paragraph
PL011 refers, as the Applicant was his wife and he advised that he would take no part in consideration of that item.
PL008 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR
There were no items of urgent business.
PL009 MINUTES – PLANNING & REGULATION PANEL – 27 JUNE 2017
Decision
The Panel agreed to approve the Minutes of Meeting held on 27 June 2017 as an accurate record of proceedings.
PL010 ERECTION OF RESIDENTIAL DEVELOPMENT WITH ASSOCIATED AND ACCESS AT LAND BETWEEN GARTNESS ROAD AND
BLAIRESSAN HOUSE, STATION ROAD, KILLEARN - MACTAGGART AND
MICKEL HOMES LTD - 16/00784/FUL
A report by the Senior Manager, Infrastructure advised of an application for the erection of residential development and access at land between Gartness Road and Station Road in Killearn.
The application had been referred to the Planning and Regulation Panel at the request of Councillor Berrill on the grounds of road safety. Following further consideration, Councillor Berrill subsequently requested that the item be deferred, pending a site visit and Hearing to take place at a future meeting of the Panel.
The Panel agreed that a site visit would be arranged prior to the Hearing, and that consideration be deferred.
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 (Localities & Infrastructure) dated 4 August 2017, submitted).
The Chair left the meeting room, following his declaration of interest in respect of Agenda Item 5, Minute Paragraph PL011.
The Clerk advised the Panel Members that a temporary Chair required to be appointed with reference to this item. Councillor Douglas Dodds noted an interest to Chair this item, which was seconded by Councillor Bryan Flannagan. The Panel agreed that Councillor Douglas Dodds would Chair this item.
PL011 ERECTION OF NEW TWO STOREY EXTENSION TO SIDE OF DWELLING HOUSE 46 KIRKSIDE CRESCENT, STIRLING, FK7 7JZ - MRS ANNE KANE -
17/00419/FUL
A report by the Senior Manager, Infrastructure, advised of the erection of new two storey extension to side of dwelling house in Kirkside Cresent, Stirling.
The application had been referred to the Planning & Regulation Panel by the Council’s Planning and Building Standards Manager because the applicant’s husband was a councillor who had declared an interest in the application.
The officer recommendation was to grant the approval of the planning application.
The Planning Officer introduced the report, which provided further information on (a) the site; (b) the proposal; (c) Development Plan policy; and (d) assessment.
It was noted that this application came to Panel solely due to Councillor Chris Kane’s declaration of interest. There were no objections to the application.
The Planning Officer responded to a number of questions from Members.
It was noted that the map detail showing the red line site of the property was inaccurate within the agenda issued. However, the Planning Officer confirmed that the detail on the Planning Portal was accurate.
Decision
The Panel agreed to grant the approval of the planning application.
(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 4 August 2017, submitted).
Councillor Douglas Dodds vacated the position as Chair at this point in the proceedings and Councillor Chris Kane re-joined the meeting at this point to Chair the remaining agenda items.
The Chief Officer, Governance introduced a report, which invited the Panel to consider whether or not to impose an increase in taxi fares.
Members were advised that it was the duty of the licensing authority, under Section 17
(2) of the Civic Government (Scotland) Act 1982 to review the scales and charges for taxi fares at intervals not exceeding 18 months from the date when the scales came into effect.
The officer recommendations were for the Panel to agree to impose the increase as detailed within the report; that tariff 2 applied on a Sunday and Bank holidays, as detailed within the report; and that the Panel’s decision be publicly advertised prior to implementation, in accordance with legislative requirements.
The Licensing Paralegal responded to a number of questions from Members.
Concerns were noted from Members regarding the proposed use of tariff 2 on Bank Holidays and Sundays, as agreed at the Taxi and Private Hire Forum, and the justification for the increase in tariff, as there was no evidence of a shortage of drivers on a Sunday. The Licensing Paralegal advised Members that no complaints had been received previously from members of the public around accessing a taxi on a Sunday.
In response to a question from a Member whether other local authorities had
implemented tariff 2 on a Sunday, the Licensing Paralegal advised that each authority had the right to decide tariffs for their own area. Discussion also took place around members of the public in rural areas who used a taxi and the potential impact the proposed increase could have.
It was confirmed that, if the Panel was minded to grant an increase, this would be advertised in the press and if any objections were received, the matter would be brought back to Panel.
Decision
The Panel agreed not to approve the taxi fare review as proposed, but that the item was to be reported back at a future Planning & Regulation Panel Meeting with further information in regard to the following:-
-
Additional information as to why the proposed fare increase was being proposed.
-
Additional information on how the proposed increase might affect taxi users in rural areas.
-
Additional information to compare fares with other local authorities.
-
Information on how introducing Tariff 2 on a Sunday would alleviate problems currently experienced.
(Reference: Report by Chief Officer – Governance (Localities & Infrastructure) dated 20 July 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.
PL014 APPLICATION FOR STREET TRADER’S LICENCE
The Panel were advised that the Applicant had confirmed he no longer wished the item to be determined.
Decision
As the Applicant had confirmed he no longer wished the item to be determined, the Panel agreed to withdraw the item from the Agenda, therefore no discussion took place.
(Reference: Report by Chief Officer – Governance (Localities & Infrastructure) dated 12 July 2017, submitted).
PL013 APPLICATION FOR THE GRANT OF A TAXI DRIVER’S LICENCE
The Chief Officer – Governance, presented a report, which advised of an application for the grant of a Taxi Driver’s Licence.
Police Scotland had lodged an objection to the application in terms of Section 3(1) of Schedule 1 of the Civic Government (Scotland) Act 1982, which was attached as an Appendix.
The Panel heard from the Chief Constable’s representative, who provided further information and responded to a number of questions from Members.
The Applicant was not present.
The Clerk advised the Panel that if they were minded to refuse the application,
reasons for their decision would be required.
Decision
The Panel agreed to refuse the application for a Taxi Driver’s Licence submitted by the Applicant.
The Panel took this decision because Police Scotland had raised concerns in respect of previous convictions the Applicant has, these concerns being a material consideration for the Panel. In particular, the Panel felt that the information provided by Police Scotland demonstrated the Applicant could seek to take advantage of members of the public, including the young and the vulnerable, in situations that a taxi driver might find themselves in, and that as a consequence the Applicant was not a fit and proper person to hold a Taxi Driver’s Licence.
(Reference: Report by Chief Officer – Governance (Localities & Infrastructure) dated 12 July 2017, submitted).
PL015 DISABLED PERSON’S PARKING BADGE (BLUE BADGE)
The Transport Scheduling Co-ordinator presented a report on behalf of the Senior Manager - Communities and People. On 21 February 2017 a Blue Badge application was received from the Applicant. The application, independently assessed in accordance with the national scheme, was unsuccessful. A letter was sent to the Applicant on 28 March 2017 advising of this decision.
On 20 April 2017, a letter was received from the Applicant, asking for this decision to be reconsidered.
The Planning & Regulation Panel was requested to consider this appeal.
The officer recommendation was to uphold the decision not to award a Blue Badge to the Applicant at this time, based on the information submitted by the Applicant and the subsequent Independent Mobility Assessment of the application carried out by a Senior Occupational Therapist in accordance with the national scheme.
The Transport Scheduling Co-ordinator 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).
Discussion took place around awarding the Blue Badge for a period of 3 years with re- assessment after this period, before the Panel took a decision on whether or not to uphold the officer recommendation.
Motion
“That the Panel agrees to uphold the decision not to award a Blue Badge to the Applicantat this time, based on the information submitted by the Applicant and the subsequent Independent Mobility Assessment of the application carried out by a Senior Occupational Therapist in accordance with the national scheme.”
Proposed by Councillor Bryan Flannagan, seconded by Councillor Douglas Dodds.
Amendment
“That the Panel agrees to award the application for a three year period, followed by re-assessment after this timescale”
Proposed by Councillor Maureen Bennison, seconded by Councillor Graham Lambie. On the roll being called, the Members present voted as follows:-
For the Amendment (2) Councillor Maureen Bennison
Councillor Graham Lambie
Against the Amendment (5) Councillor Douglas Dodds
Councillor Bryan Flannagan
Councillor Chris Kane
Councillor Jeremy McDonald
Councillor Evelyn Tweed
The Amendment fell by 5 votes to 2.
For the Motion (5) Councillor Douglas Dodds
Councillor Bryan Flannagan
Councillor Chris Kane
Councillor Jeremy McDonald
Councillor Evelyn Tweed
Against the Motion (2) Councillor Maureen Bennison
Councillor Graham Lambie
Decision
The Motion was carried by 5 votes to 2 and according the Panel agreed to uphold the decision not to award a Blue Badge to the Applicant at this time, based on the information submitted by the Applicant and the subsequent Independent Mobility Assessment of the application carried out by a Senior Occupational Therapist in accordance with the national scheme.
(Reference: Report by Senior Manager – Communities & People, dated 24 July
submitted.)
The Chair declared the Meeting closed at 11.05 am