Planning and Regulation Panel - Tuesday 1st February 2022

 

STIRLING COUNCIL

 

MINUTES of MEETING of the PLANNING & REGULATION PANEL held by Virtual Meeting
on MICROSOFT TEAMS, ON TUESDAY 1 FEBRUARY 2022 at 10.00 am

 

Present

 

Councillor Alasdair MACPHERSON (in the Chair)

Councillor Robert DAVIES
Councillor Scott FARMER
Councillor Graham HOUSTON

Councillor Susan MCGILL
Councillor Jim THOMSON

 

In Attendance

 

Stephanie Cameron, Licensing Team Leader (Governance)

Christina Cox, Planning & Buildings Standards Service Manager (Infrastructure)
Graham Gibson, Senior Media Officer (Communities & Performance)

Drew Leslie, Senior Manager – Infrastructure

Kieran McFarlane, Graduate Planning Officer (Infrastructure)

Michael Mulgrew, Planning Development Management Team Leader (Infrastructure)
Neil Pirie, Senior Development Control Officer (Environment & Place)

Carla Roth, Solicitor – Litigation (Governance)
Karen Swan, Committee Officer (Governance)
Jane Weir, Senior Planning Officer (Infrastructure)

David McDougall, Governance Officer (Governance) (Clerk)

 

Also in attendance

Sgt Liam Livingston, Police Scotland

 

Prior to the start of the meeting, Councillor MacPherson as Chair of this Planning & Regulation Panel welcomed and thanked everyone for attending the meeting via MS Teams. He updated the meeting on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting.

 

The Chair asked the Clerk to carry out a roll call of all Members participating in the meeting.

 

PL426 APOLOGIES AND SUBSTITUTIONS

 

There was no apologies or substitutions.

 

PL427 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

PL428 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR

 

There were no items of urgent business brought forward.

 

PL429 MINUTES

 

The Minutes of the Planning & Regulation Panel held on 9 November & 7 December
2021 were submitted for approval.

 

Decision

 

The Planning & Regulation Panel approved the Minutes of the Meeting on 9 November & 7 December 2021 as an accurate record of proceedings.

 

PL430 FULL PLANNING PERMISSION FOR THE ERECTION OF 4NO. FLATTED AND A TWO STOREY DWELLINGHOUSE WITH ASSOCIATEDAT LAND TO THE REAR OF BRAEHEAD HOUSE, 14 CALTON
CRESCENT, SHIRRA’S BRAE ROAD, STIRLING – 21/00595/FUL

 

The Senior Manager – Infrastructure submitted a report that detailed that a proposal was being considered by Planning & Regulation Panel as the development had received more than five objections and required determination by Planning & Regulation Panel in accordance with the Council’s Scheme of Delegation for determining planning applications.

 

The report formed the Report of Handling for the planning application in compliance with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.

 

The Senior Planning Officer introduced the report and updated Members with the presentation of maps on the proposed site.

 

In response to Members questions, the Senior Planning Officer confirmed that there would be minimum overshadowing of neighbours gardens on the east side, drainage would be in accordance to the Surface Water Management Strategy and that the removed trees that were low ecological value would be replaced.

 

Decision

 

The Planning & Regulation Panel agreed to approve the application subject to the conditions set out within Appendix 1 to the submitted report.

 

(Reference: Report by Senior Manager - Infrastructure, dated 19 January 2022, submitted)

 

PL431 ADDITION OF 2NO. WINDOWS ON NORTH ELEVATION OF ESTATE OFFICE AT
ROOT ONE WEST - EDENMILL FARM, BLANEFIELD, G63 9AX - EDENMILL FARM
& NURSERY - 21/00910/FUL

The report submitted by the Senior Manager – Infrastructure formed the Report of Handling for the planning application in compliance with the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. The planning application was before Panel due to the number of objections received being more than 5 as per the Council’s Scheme of Delegation.

 

The Planning Development Management Team Leader introduced the report and updated Members with the presentation of maps on the proposed site.

 

Following questions raised by members, the Graduate Planning Officer confirmed the dimensions of the windows and purpose of the room change.

 

Decision

 

The Planning & Regulation Panel agreed to approve the application.

 

(Reference: Report by Senior Manager - Infrastructure, dated 19 January 2022, submitted)

 

The Chair adjourned the meeting at 10.25pm to allow for the Licensing Team Leader and applicant to access the meeting.

 

The Meeting reconvened at 10.30pm, noting
All Elected Members previously noted were present.

 

PL432 DETERMINATION OF A CIVIC LICENCE APPLICATION: TAXI VEHICLE

 

A report submitted by the Chief Officer – Governance provided detail in relation to an application for a taxi vehicle licence to be determined by the Planning & Regulation Panel as the civic licensing authority.

 

Mr Craig Haine, the applicant was in attendance should clarity be sought in
connection to the application.

 

In response to Members questions, the Licensing Team Leader updated members on the status of the Unmet Demand survey. The last formal unmet demand survey was completed in April 2016 but due to the pandemic, the new survey had been delayed.

 

The Unmet Demand survey would take account a number of aspects e.g. change in population, bus services, public input etc.

 

The Panel noted that historically there had been peak times (after 10pm) that taxi vehicles were in high demand and with the recent increase in custom, it was recognised that the trend had returned.

 

Following request for clarity on the Unmet Demand Survey and operating demand after 10pm, the Solicitor – Litigation suggested should further information be sought, that the Panel adjourn for private session.

The Chair and Panel agreed to adjourn the meeting at 10:50am
for private session.

 

The Meeting reconvened at 11:20am, noting
All Elected Members previously noted were present.

 

Amendment

 

The Planning & Regulation Panel agrees to continue the application to a future meeting of the Planning & Regulation Panel to allow for an Unmet Demand Survey to be completed.

 

Moved by Councillor Jim Thomson, seconded by Councillor Susan McGill

 

Councillor Robert Davies moved to grant the license. With no seconder, Councillor Davies requested that his dissent be recorded.

 

Decision

The Planning & Regulation Panel agreed to continue the application to a future meeting of the Planning & Regulation Panel to allow for an Unmet Demand Survey to be completed.

 

(Reference: Report by Chief Officer - Governance, dated 18 January 2022, submitted)

 

PL433 DETERMINATION OF A CIVIC LICENCE APPLICATION: TAXI VEHICLE

 

A report submitted by the Chief Officer – Governance provided detail in relation to an for a taxi vehicle licence to be determined by the Planning & Regulation Panel as the civic licensing authority.

 

Mr Craig Haine, the applicant was in attendance should clarity be sought in
connection to the application.

 

Following request for clarity from the Solicitor – Litigation, the Panel agreed to adjourn for private session.

 

The Chair and Panel agreed to adjourn the meeting at 11.35pm
for private session.

 

The Meeting reconvened at 11:50pm, noting
All Elected Members previously noted were present.

 

Amendment

 

The Planning & Regulation Panel agrees to continue the application to a future
meeting of the Planning & Regulation Panel to allow for an Unmet Demand Survey to be completed.

Moved by Councillor Graham Houston, seconded by Councillor Scott Farmer.
The Amendment was agreed unanimously.

Decision

The Planning & Regulation Panel agreed to continue the application to a future meeting of the Planning & Regulation Panel to allow for an Unmet Demand Survey to be completed.

 

(Reference: Report by Chief Officer - Governance, dated 18 January 2022, submitted)

 

PL434 DETERMINATION OF A CIVIC LICENCE APPLICATION: TAXI VEHICLE

 

A report submitted by the Chief Officer – Governance provided detail in relation to an application for a taxi vehicle licence to be determined by the Planning & Regulation Panel as the civic licensing authority.

 

Mr Craig Haine, the applicant was in attendance should clarity be sought in
connection to the application.

 

Amendment

 

The Planning & Regulation Panel agrees to continue the application to a future
meeting of the Planning & Regulation Panel to allow for an Unmet Demand Survey to be completed.

 

Moved by Councillor Scott Farmer, seconded by Councillor Graham Houston.
The Amendment was agreed unanimously.

Decision

The Planning & Regulation Panel agreed to continue the application to a future meeting of the Planning & Regulation Panel to allow for an Unmet Demand Survey to be completed.

 

(Reference: Report by Chief Officer - Governance, dated 18 January 2022, submitted)

 

Council resolved that under Section 50A (4) of the Local Government (Scotland) Act
1973, the public be excluded from the Meeting for the following item of business on
the grounds that it involved the disclosure of exempt information as defined in
Paragraphs 14 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

 

The Clerk updated the meeting on the procedures related to MS Teams Civic Hearing process and the protocols that all should adhere to throughout the next item.

 

PL435 DETERMINATION OF A CIVIC LICENCE APPLICATION: TAXI DRIVER’S
LICENCE

 

A report by the Chief Officer – Governance was submitted that provided detail in relation to an application for a taxi driver’s licence, to be determined by the Planning & Regulation Panel as the civic licensing authority.

The Licensing Team Leader advised the Panel that the applicant had been given the opportunity to attend and provide clarity on their application. The applicant accepted the opportunity to attend.

 

In line with the Civic Licensing Hearing Procedures, the Chair invited Police Scotland the opportunity to provide clarity on the application.

 

In response to a number of Members questions, Police Scotland responded with clarification and detail.

 

In line with the Civic Licensing Hearing procedures, the Chair invited the applicant the opportunity to provide clarity on their application.

 

In response to a number of Members questions, the applicant responded with
clarification and detail.

 

Decision

 

The Planning & Regulation Panel agreed to continue the application to a future meeting of the Planning & Regulation Panel.

 

(Reference: Report by Chief Officer - Governance, dated 16 December 2021,
submitted)

 

The Chair declared the Meeting closed at 12.25pm.