Special Meeting of the Planning and Regulation Panel - Tuesday 3rd October 2017

 

STIRLING COUNCIL

 

MINUTES of SPECIAL MEETING of the PLANNING & REGULATION PANEL held in the
WALLACE ROOM, OLD VIEWFORTH, TUESDAY 3 OCTOBER 2017 at 11.30 am

 

Present

 

Councillor Alasdair MacPherson (in the Chair)

Councillor Maureen BENNISON
Councillor Alistair BERRILL
Councillor Douglas DODDS

Councillor Chris KANE (Except PL50)
Councillor Graham LAMBIE
Councillor Evelyn TWEED

 

In Attendance

 

Charlotte Brown, Planning Graduate, Localities & Infrastructure

Christina Cox, Planning & Building Standards Manager, Localities & Infrastructure
Peter McKechnie, Planning Officer, Localities & Infrastructure

Iain Strachan, Chief Officer – Governance (Clerk)
Mary Love, Committee Officer (Minute)

 

Also Present

 

Steven Convery, Convery Prenty Architects (Item PL50)
Iain Howie, Resident (Item PL50)

Jim Ptomey, Killearn Community Council (Item PL50)
Dr Alex Reid, APSIS (Item PL50)

 

AGENDA

 

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

 

PL45 APOLOGIES AND SUBSTITUTIONS

 

Apologies were received on behalf of Councillor Neil Benny and Councillor Jeremy McDonald.

 

PL46 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

PL47 PROPOSED DWELLING HOUSE AND IMPROVED PRIVATE ACCESS AT LAND METRES EAST OF THE ARNS, PERTH ROAD, DUNBLANE – MRS

RHONA GRAY – 17/00520/FUL

 

This application was referred to the Planning and Regulation Panel at the request of Councillor Douglas Dodds, on the basis of allowing the Panel to fully assess the application, specifically the potential road safety issues and timings related to potential conditions to be imposed, as they may relate to the application.

 

Decision

 

This item was withdrawn from consideration prior to the meeting, due to previous concerns around safeguards on road safety concerns and local amenity now being met, therefore no discussion took place.

 

(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 22 September 2017, submitted).

 

PL48 INSTALLATION OF EXTERNAL PLANT EQUIPMENT AT LAND AND BUILDINGS
TO REAR OF 52 TO 54 MAIN STREET, CASTLEHILL, DOUNE – THE

CO-OPERATIVE GROUP 17/00655/FUL

 

The planning application had been referred to the Planning and Regulation Panel at the request of Councillor Martin Earl, and was expected to be ready for consideration at the Planning and Regulation Panel of 7 November 2017.

 

The basis for referral was concern regarding the impact from noise from the proposed external plant on residential property.

 

A Site Visit had been requested so that the Panel Members could consider the
proximity of residential property in relation to the site before determination of the planning application.

 

In the interests of expediency, agreement for a Site Visit was therefore sought from this Panel. A recommendation on the application would be presented in the report expected to be submitted to the Planning and Regulation Panel of 7 November 2017.

 

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 Panel meeting.

 

(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 29 September 2017, submitted).

 

PL49 APPLICATION UNDER SECTION 42 OF THE TOWN AND COUNTRY PLANNING ACT 1997 TO VARY CONDITIONS 1 AND 2 OF PERMISSIONIN RESPECT OF UNIT 14(1C) SPRINGKERSE RETAIL PARK TOPENSION LIMITED – 17/00460/FUL

The proposal sought to vary two conditions which were applied to planning permission which was issued for this site in 2015. The variation to the conditions was proposed so that a greater area (from 15% to 30%) within the unit could trade in homeware and home decorative products while the majority of the floor space would still trade in furniture and furnishings.

 

The application had been referred to the Planning and Regulation Panel for
determination by the Planning and Building Standards Manager.

 

The Planning & Building Standards Manager introduced the report, and provided details of (a) the site; (b) the proposal; (c) previous history and (d) development plan policy.

 

The application sought to increase the ancillary retail floor area from the 15% approved in 2015 to 30% and consequently reduce the primary retail floor areas of furniture and furnishings from 85% to 70%.

 

It was noted that there were a number of previous applications; three of which were relevant to this proposal. There had been no change made with regard to policy details and the Planning & Building Standards Manager explained that the application had been submitted for determination, as she had a different view, compared to the previous case officer, with regard to the balance of considerations within in the report.

 

Concerns were noted from the Panel around the current vacant shop units within the city centre, however, the Planning & Building Standards Manager replied that there were limited units within the town centre that could accommodate this retailer, due to its size and that the bulky goods nature of the retail park would not be altered by this application.

 

The Planning & Building Standards Manager confirmed that she was responsible for her decisions taken under her delegation, therefore she would be expected to support her decision. In response to another Member, regarding whether the decision could be deferred for a retail impact assessment, the Planning & Building Standards Manager confirmed that no impact assessment had been submitted by the Applicant
and that this would not make sense in relation to the proposal, if the concerns were around viability, as this would be more in terms of position.

 

The Panel then considered the Application.

 

Motion

 

“ That the Panel agrees to approve the planning application subject to the conditions and reasons as set out in Appendix 1 of the report .

 

Proposed by Councillor Evelyn Tweed, seconded by Councillor Graham Lambie.

 

Amendment

 

“ That the Panel agrees to refuse the planning application due to concerns around the impact this could have on the viability of the city centre, contrary to the retail policies of the Development Plan” .

 

Proposed by Counciilor Chris Kane, seconded by Councillor Alasdair MacPherson.

On the roll being called the Members present voted as follows:-

 

For the Amendment (4) Councillor Maureen Bennison
Councillor Alistair Berrill
Councillor Chris Kane
Councillor Alasdair MacPherson

 

Against the Amendment (3) Councillor Douglas Dodds

Councillor Graham Lambie
Councillor Evelyn Tweed

The Amendment was carried by 4 votes to 3 and became the Substantive Motion.
For the Substantive Motion (4) Councillor Maureen Bennison

Councillor Alistair Berrill

Councillor Chris Kane
Councillor Alasdair MacPherson

 

Against the Substantive Motion (3) Councillor Douglas Dodds

Councillor Graham Lambie
Councillor Evelyn Tweed

 

Decision

 

The Substantive Motion was carried by 4 votes to 3 and accordingly the Panel agreed to refuse the application due to concerns around the impact this could have on the viability of the city centre, contrary to the retail policies of the Development Plan.

 

(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 22 September 2017, submitted).

 

PL50 PROPOSED CHANGE OF USE FROM CLASS 7 TO CLASS 9 AND CONVERSIONEXISTING BUILDING TO FORM 14 NO. APARTMENTS WITH ASSOCIATEDSPACE AND PRIVATE PARKING AT THE KILLEARN HOTEL, 2 THEKILLEARN, G63 9NG – APSIS SOLUTIONS – 17/00529/FUL - HEARING

 

The application sought planning permission to change the use of a Class 7 hotel to Class 9 Residential use by converting, extending and rebuilding parts the Killearn Hotel at 2, The Square, Killearn, forming fourteen residential apartments with associated amenity space and private parking. The proposed parking was to be formed towards the north western corner of the site where the hotel parking was currently located.

 

The site was located within the Killearn Conservation Area, within the historic core of Killearm, within a picturesque grouping of historic buildings and open space around the nearby original church site. The location of the property itself closed the vista looking south along Balfron Road and although the building itself was not listed, it was identified within the Killearn Conservation Area Appraisal as a key unlisted building of importance to its character. It was considered that this proposal could be supported for the reasons set out within the assessment section of the report at 3.17 onwards.


The application was brought before the Panel following a request from Councillor Graham Lambie, as he wished Killearn Community to be given more time to fully investigate all possible development possibilities on what was a key site in the village. Councillor Lambie also requested that the Panel visit the site and hold a Hearing, prior to determining the application.

At its meeting on 22 September 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 Monday 2 October 2017.

 

All Members present, with the exception of Councillor Chris Kane, had attended the site visit and could therefore take part in consideration of the item. Councillor Kane left the meeting at this point in the proceedings.

 

The Chair outlined the procedure for the Hearing.

 

The Planning Officer introduced the report which provided details of (a) the site; (b) the proposal; (c) previous history and (d) development plan policy.

 

Discussion took place around the parking availability within the site and officers confirmed that parking spaces were allocated, depending on the number of bedrooms within each property.

 

In response to a question regarding the longevity of the building in its current state of repair, the Planning Officer advised that he had no information with regard to the life of the building. He also confirmed that there had been no other interest received to the Planning Office from parties within the community with regard to any proposed refurbishment of the building.

 

Discussion took place around the finish of the roof on the proposed development and it was agreed that if the application were to be approved, a condition would be added to include lead finishes to the roof and the re-use of the existing slate roof tiles, in order to remain sympathetic to the surrounding conservation area.

 

Agents for Applicant

 

Steven Convery, Convery Prenty Architects, and Dr Alex Reid, APSIS, presented the case in support of the application.

 

Mr Convery confirmed his agreement to the condition required regarding the finish to the roof and use of existing slate roof tiles. The plans for the proposed building included the restoration of key features, the use of materials that would be traditional and sympathetic towards the conservation area.

 

Discussion took place around the views into the proposed sight and it was noted that the development would look to preserve those views. Information which would relate to a construction and transport plan would be submitted for consideration at the appropriate time and a core path network around the site would be created to enable a safe passage to school.

 

Discussion then took place around the feasibility and arrangements were made by the Applicant to contact Killearn Community Council to arrange a formal meeting for discussion around the proposed development. The Applicant felt that it was evident that the commercial aspect of the village was deteriorating and was keen to look at every opportunity available to develop the site. There was competition from a public house perspective with another establishment who were looking to accommodate a facility to support wedding functions in the hotel, however it was thought that this had no community viability. It was proposed at a second meeting that the only viable
solution was to look for a change of use to a residential development by converting, rebuilding parts and extending the hotel to fourteen residential apartments, with private parking.

Discussion took place around the condition of the building and the deterioration element, which was deemed as being not fit for purpose for occupation at present and would deteriorate within the next 5 years.

 

The Chair thanked Mr Convery and Dr Reid for their presentation.
Objectors

Iain Howie presented the case against the proposal and highlighted the plan for the proposed development, which he felt would largely demolish the existing building. The main objections were that the depth of the building would largely increase, which would also increase the footprint of the building and change the view and nature of the building, within a conservation area.

 

The financial viability of the building was also discussed. The hotel had not been put on the open market, in order to provide the opportunity for exploration into other business ideas. Mr Howie added that access to the hotel had been denied by the owner (Punch Taverns) and a recent press quote stated that there was a new owner to the premises.

 

Jim Ptolomey presented the case and spoke on behalf of Killearn Community Council against the proposal. The Community Council objection was based on concern expressed by some of those present at the special meeting held in Killearn on 16 August that the property had not been properly advertised for sale as a hotel on the open market and evidence had been found of the property being advertised. The Community Council were also aware of substantial support for this application within the village. Mr Ptolomey added that given that the Applicant had taken account of comments made on the initial application, the Community Council had little further
comment to make regarding the details of the proposal.

 

The Chair thanked Mr Howie and Mr Ptolomey for their presentations.
The Panel then proceeded to consider the application.

Decision

 

The Panel agreed:-

 

to approve the planning application subject to the conditions and reasons as set out in Appendix 1 of this report and with the following additional condition:

 

1. The proposed materials used in this development are to include lead finishes to the roof and the re-use of the existing slate roof tiles, in order to remain sympathetic to the surrounding conservation area.

 

(Reference: Report by Senior Manager – Infrastructure (Localities & Infrastructure) dated 25 September 2017, submitted)

 

The Chair declared the Meeting closed at 11.25 am