Service updates

Planning and Regulation Panel - Tuesday 5th September 2017

Last updated

09 Mar 2023

 

STIRLING COUNCIL

 

MINUTES of MEETING of the PLANNING & REGULATION PANEL held in COUNCIL
CHAMBERS, OLD VIEWFORTH, TUESDAY 5 SEPTEMBER 2017 at 10.00 am

 

Present

 

Councillor Alasdair MACPHERSON (in the Chair)

Councillor Maureen BENNISON
Councillor Chris KANE
Councillor Jeremy McDONALD

Councillor Alistair BERRILL (except part of
item Pl028)

Councillor Graham LAMBIE
Councillor Evelyn TWEED

 

In Attendance

 

Christina Cox, Christina Cox, Planning & Building Standards Manager, Localities & Infrastructure

Jay Dawson, Team Leader – Development Management, Localities & Infrastructure
Stephen Easton, Traffic Management Officer‌

Gavin Forrest, Planning Officer, Localities & Infrastructure
Andy Gardiner, Planning Officer, Localities & Infrastructure

Rebecca Jardine, Communications Officer – Children, Committees & Enterprise
Jonathan Padmore, Team Leader, Transport Planning, Localities & Infrastructure
Iain Strachan, Chief Officer – Governance, (Clerk)

Mary Love, Committee Officer, Localities & Infrastructure (Minutes)

 

Also in Attendance

 

Andrew Mickel, Director of Mactaggart & Mickel Homes Ltd.
Sam Shortt, Chartered Engineer

 

AGENDA

 

The Chair intimated his intention to alter the order of the Agenda. The items were taken in the order minuted below.

 

PL020 APOLOGIES AND SUBSTITUTIONS

 

Apologies were received on behalf of Councillor Douglas Dodds.

 

PL021 DECLARATIONS OF INTEREST

 

Councillor Evelyn Tweed declared an interest in Agenda Item 5, Minute Paragraph PL028 refers, and advised that she would take no part in consideration of that item.

Councillor Alistair Berrill declared an interest in Agenda Item 5, Minute Paragraph PL028 refers, and advised that he would take no part in consideration of that item but intended to speak as a local member before leaving the room.‌

 

PL022 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR

 

There were no items of urgent business.

 

PL023 MINUTES – PLANNING & REGULATION PANEL – 1 AUGUST 2017‌

 

Decision

 

The Panel agreed to approve the Minutes of Meeting held on 1 August 2017 as an accurate record of proceedings.

 

PL024 ERECTION OF 12 NO. HOLIDAY CHALETS AND PROVISION OF ASSOCIATED INFRASTRCTURE AT LAND 190 METRES NORTH OF BARNS
KNOWE, STIRLING – SPECTRUM PROPERTIES LIMITED – 17/00357/FUL

 

A report by the Senior Manager, Infrastructure, advised of the erection 12 holiday chalets and associated infrastructure. The planning application had been referred to the Planning and Regulation Panel, as it was a ‘Major’ development.

 

The officer recommendation was to approve the planning application subject to the satisfactory conclusion of a legal mechanism for the payment of a road bond to secure the repair of the private road within the control of the applicant and the condition and reasons set out in the appendix attached to the submitted report.

 

The Chair advised Members of the Panel that a request for a Hearing had been made by Carron Valley and District Community Council.

 

No further discussion took place on the item.

 

Decision

 

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

 

(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 4 September 2017, submitted).

 

PL025 ERECTION OF 1 NO. SINGLE STOREY DETACHED DWELLING AT LAND AND NORTH OF 23 SAUCHENFORD HOLDING, SNABHEAD ROAD
EAST, PLEAN – RUSTIC ECO PROPERTIES – 16/00645/FUL

 

The Senior Manager, Infrastructure advised of the application for the erection of a single storey detached dwelling house. The application had been referred to the Planning and Regulation Panel at the request of Councillor Maureen Bennison on the basis of allowing the Panel to fully assess the Housing in the Countryside Policy and its related supplementary guidance, as it may relate to this application.

The officer recommendation was to refuse Planning Permission for the following reasons:

 

  1. In the opinion of the Planning Authority, the proposal was contrary to Local Development Plan Supplementary Guidance SG10, Housing in the Countryside. The proposal was not considered to visually relate to the existing building group as it was proposed to front a northbound road leading to the junction of the A9 which was free of development. The proposal did not conform to the established pattern of linear development at Sauchenford, which was characterised by an east-west
    formation and therefore was not in accordance with paragraph 2.7 of the Guidance which required proposals to respect the character, layout and building pattern of the existing group.

     

  2. In the opinion of the Planning Authority, the proposals did not comply with Section 2.9 of SG10. This section stated that is a group outwith a Green Belt consisted simply of frontage houses along a road, infill or additions would be permitted where gaps existed. This had been exhausted by previous developments. This section also stated that extension by no more than 2 plots in either direction may be
    permitted if there was an appropriate topographical stop. The area had already been developed by 2 or more dwellings in an easterly direction. Visually, albeit not topographically, the road was a physical stop and the proposed change of development pattern did not relate to the area.

     

  3. In the opinion of the Planning Authority, following consultation with the Roads and Transportation Service, any further increased turning manoeuvres at the Sauchenford Cottages junction would be detrimental to road safety and set a dangerous precedent for further similar applications in the future.

     

    The Chair advised Members of the Panel that a request for a site visit Hearing had been made by Councillor Maureen Bennison.

     

    No further discussion took place on the item.‌

     

    Decision

     

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

     

    (Reference: Report by Senior Manager, Infrastructure (Localities & Infrastructure) dated 2 September 2017, submitted).

     

    PL026 CONVERSION AND EXTENSION OF EXISTING GARAGE INTO SELF- ANCILLARY ANNEX AND TWO STORY EXTENSION TO THE MAIN9 ST THOMAS WELL, STIRLING, FK7 9PR – MISS AMANDA TERVIT

    –17/00387/FUL

     

    The Senior Manager, Infrastructure advised of an application for the conversion and extension of an existing garage into a self-contained ancillary annex and two storey extension to the main dwelling.

     

    The application had been referred to Planning & Regulation Panel at the request of Councillor Scott Farmer on the following grounds:

     

    1. The development was out of character with the setting of the area;

    2. The development was detrimental to the amenity of the area and amounted to potential over-development given the enclosed nature of the street; and

       

    3. The development would result in potentially an unacceptable increase of traffic in the enclosed setting.

       

      The Officer recommendation was to grant the approval of the planning application subject to conditions set out in Appendix 1 of the report.

       

      A request had been made for the Panel to consider a Site Visit and Hearing in determining the application, in order to provide local objectors with an opportunity to present their concerns.

       

      No further discussion took place on the item.

       

      Decision

       

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

       

      (Reference: Report by Senior Manager, Infrastructure (Localities & Infrastructure) dated 4 September 2017, submitted).

       

      PL027 APPLICATION UNDER SECTION 42 OF THE TOWN & COUNTRY PLANNING ACT 1997 TO NOT COMPLY WITH CONDITION 5 OF PLANNING14/00498/FUL IN REGARDS TO DISABLED PARKING PROVISIONHISTORIC SCOTLAND – 17/00531/FUL

      The Senior Manager, Infrastructure advised of an application under Section 42 of the Town & Country Planning (Scotland) Act 1997 in regards to disabled parking provisions at The Engine Shed, Forthside Way, Stirling, FK8 1QZ.

       

      The application had been referred to Planning and Regulation Panel due to Stirling Council having an interest in the site as land owner of the immediately adjacent surrounding land, which was part of a Masterplan for the Forthside regeneration area, within which the ‘Engine Shed’ site is located.

       

      The Officer Recommendation was to remove Condition 5 of 14/00498/FUL for the following reasons:

       

      1. Condition 5 of 14/00498/FUL related to a defined redline site. There was physically no capacity within the redline site to provide car parking. The imposition of condition (5) therefore did not satisfy legal requirements related to planning conditions as the applicant was not able to satisfy the condition.

         

      2. The Condition served no useful purpose as the applicant could not comply with it. If this application were to be refused the Planning Authority could not enforce the Condition.

 

The Chair advised Members of the Panel that a request for a Hearing had been made by Councillor Danny Gibson and Riverside Community Council.

 

No further discussion took place on the item.

Decision‌

 

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

 

(Reference: Report by Senior Manager, Infrastructure, (Localities & Infrastructure) dated 4 September 2017, submitted.)

 

PL028 ERECTION OF RESIDENTIAL DEVELOPMENT WITH ASSOCIATED AND ACCESS AT LAND BETWEEN GARTNESS ROAD AND
BLAIRESSAN HOUSE, STATION ROAD, KILLEARN – MACTAGGART AND
MICKEL – 16/00784/FUL - HEARING

 

Councillor Alistair Berrill and Councillor Evelyn Tweed, having declared an interest, took no part in consideration of this item. As previously stated, Councillor Alistair Berrill advised Members of the Panel that he wished to speak about this application as a local member, prior to leaving the room.

 

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.

 

At its meeting on 1 August 2017, 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. The Site Visit took place on 30 August 2017.

 

All Members currently present had attended the site visit on 30 August 2017 and could therefore take part in consideration of the item.

 

The Officer recommendation was to agree to approve the application subject to the satisfactory conclusion of a Section 75 Legal Planning Agreement that required the provision of 12 houses on site and agreed the conditions and reasons as set out in Appendix 1 which were attached to the report.

 

The Chair outlined the procedure for the Hearing.

 

The Senior Planning Officer introduced the report, which provided details of (a) the proposal; (b) previous history; (c) Development Plan and other material considerations;

(d) assessment; (e) objections and comments; and (f) consultations. The Senior Planning Officer also proposed for an additional condition to be added to the Officer Recommendation, should the application be agreed, which was for a construction management plan, to ensure that the construction work and tree removal/new planting on the site and parking for construction staff was managed in the interest of public and road safety.

 

The Planning Officer responded to a number of questions and requests for points of clarification from Members of the Panel relating to the safer routes to school and Affordable Housing, confirming that the Section 75 Legal Planning Agreement requested would allow the Planning Authority to seek for the inclusion of twelve Affordable Houses within the proposed development.

 

Applicant

 

Andrew Mickel, Director of Mactaggart & Mickel Homes Ltd presented the case in support of the application. He provided a brief description of the Company’s history and confirmed that Mactaggart and Nickel Homes Ltd agreed with the policy assessment and recommendations set out in the report. He highlighted that despite the application not being major and as such, there was no statutory need to hold a consultation event, the Company had positively engaged with the community. There had been a series of pre-application discussions and meetings, which involved the landowner, agents, applicants, and their development team, along with officers from Planning and Roads Services. The applicant had also hosted two public meetings in Killearn on 29 March 2016 and 27 September 2016, to engage with the local community and present and discuss draft site layouts. A further meeting between the
Applicant and Killearn Community Council took place in November 2016. Mr Mickel confirmed that there was no intention to reduce the number of affordable houses mentioned within the report and that the Company were aiming for twelve. He also confirmed that he would be happy to consult with the Council with regard to a traffic management plan and confirmed that the open space outlined on the map would be paid for by the homeowners within factor maintenance costs.

 

Mr Mickel responded to questions from Members of the Panel.
Objectors

Sam Shortt spoke against the application and thanked the Panel on behalf of all who objected to the proposal on various grounds, which were supported by Killearn Community Council and added that aspects of his submission covered planning related issues drafted by TMS Planning and Development Services Ltd.

 

Concerns were raised regarding the potential impact of the development in Killearn and its residents. Mr Shorrt raised concerns around planning in relation to the LDP structural landscaping requirement not being met, along with road safety concerns, and highlighted the proposed route to the local primary school being unsafe, due to the need for pedestrians to walk on the main road for part of the way.

 

Mr Shorrt responded to questions from Members of the Panel.
LocalMember

Councillor Alistair Berrill spoke against the application as a local member and
addressed his concerns around the road safety risks highlighted by Mr Shorrt and highlighted the potential increase of traffic flow caused by commuting residents, should the development be approved. He also raised concerns around the design and impact of the development, which he said, would detract from the conservation area adjacent to the site.

 

Councillor Berrill left the room at this point in the proceedings.

 

The Chair noted that Jim Ptlomey for Killearn Community Council had intended to speak against the application, however due to unforeseen circumstances, he had submitted his apologies.

 

The Panel then proceeded to consider the application.

 

Councillor Graham Lambie having moved that the application be refused but having failed to find a seconder, requested that his dissent be recorded.

Decision

 

The Panel agreed:

 

  1. to approve the application subject to the satisfactory conclusion of a Section 75 Legal Planning Agreement that required the provision of 12 Affordable Houses on site;

     

  2. the conditions and reasons as set out in Appendix 1, which were attached to the report, and with the following additional conditions:

     

    1. approval of a school travel plan by the Planning Authority prior to
      commencement of any work on the development site;

       

    2. approval of a landscape management plan by the Planning Authority prior to commencement of any work on the development site; and

       

    3. approval of a construction management plan by the Planning Authority prior to commencement of any work on the development site.

 

(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 4 September 2017, submitted).

 

In terms of Standing Order 39, the Panel adjourned at 11.10 am for a comfort break.

 

The meeting reconvened at 11.20 am, with Councillor Alistair Berrill re-joining Members of the Panel.

 

PL029 ERECTION OF A PERGOLA AT ACHENGILLAN COACH HOUSE, BLANEFIELD,9AU – MR ROBERT DAVIES – 17/00409/FUL

 

The Senior Manager, Infrastructure advised of the application for the erection of a pergola. The application had been referred to the Planning & Regulation Panel by the Council’s Planning and Building Standards Manager because the applicant was a local Councillor.

 

The Planning Officer introduced the report which provided details of (a) the site and proposal; (b) Development Plan; and (d) assessment and highlighted that this was a retrospective application, as the pergola had already been erected. He confirmed that the only reason the application had been presented to Members of the Panel was due to the applicant being a local Councillor.

 

The Officer recommendation was to grant the approval of the planning application without any planning conditions.

 

The Planning Officer responded to questions from Members of the Panel.

 

Decision

 

The Panel agreed:

 

1. to grant the approval of the planning application without any planning
conditions

(Reference: Report by Senior Manager, Infrastructure (Localities & Infrastructure) dated 4 September 2017, submitted).‌‌‌‌‌‌‌‌

 

PL030 REVIEW OF STIRLING COUNCIL (VARIOUS STREETS, CAMBUSBARRON) AND RESTRICTION ON WAITING) (CONSOLIDATION AND
AMENDMENT NO.3) ORDER 2015

 

A report was presented to the Panel, reviewing an Order to introduce “no waiting at any time”, parking restrictions along part of Douglas Terrace, Cambusbarron. The Order had previously been refused at the Planning & Regulation Meeting on 6 September 2016, and it was recommended that the report was brought back to the Panel in eight months to review the situation.

 

The Officer recommendations was for the Panel to agree to adopt one of the following:-

 

  1. Having reviewed the report, to instruct officer to promote a new Order inclusive of a further consultation of all streets affected.

     

  2. To uphold the previous decision and allow the status quo to continue.

 

The Officer advised Members of the Panel that since the September 2016 meeting, one letter of complaint had been received along with a recently submitted letter from Cambusbarron Community Council. Two emails were received from Councillor Scott Farmer, which had been sent from residents who had expressed concerns over the current situation, along with a telephone call enquiring on the progress of the issue.

 

The Officer responded to questions from Members of the Panel in relation to options available around the issue.

 

Decision

 

The Panel agreed to instruct officers to promote a new Order inclusive of a further consultation of all streets affected.

 

(Reference: Joint Report by Roads and Land Service Manager (Localities &
Infrastructure, Road and Land Team Leader (Roads Network) (Localities &
Infrastructure), Senior Manager, Environment & Place (Localities & Infrastructure) dated 28 August 2017, submitted.)

 

The Chair declared the Meeting closed at 11.40 am