Greenfield, Alloa, Scotland, FK10 2AD (Tel.01259-450000) PLANNING COMMITTEE Thursday 9 June 2011 at 9.30 am Venue: Council Chamber, Greenfield, Alloa, FK10 2AD For further information contact Finance and Corporate Services, Clackmannanshire Council, Greenfield, Alloa, FK10 2AD Phone: 01259 452106/2004 Fax: 01259 452230 E-mail: [email protected] www.clacksweb.org.uk Date Time PLANNING COMMITTEE The Planning Committee is responsible for taking decisions on planning applications and enforcement, dealing with regulatory issues arising in the fields of Building Control, Trading Standards, Environmental Health and non liquor licensing, all in line with Council policy. 01 June 2011 A MEETING of the PLANNING COMMITTEE will be held within the Council Chamber, Greenfield, Alloa, FK10 2AD, on THURSDAY 9 JUNE 2011at 9.30 am. ELAINE McPHERSON Head of Strategy and Customer Services B U S I N E S S Page No. 1. Apologies -- 2. Declaration of Interests -- Members should declare any financial or non-financial interests they have in any item on this agenda, identifying the relevant agenda item and the nature of their interest in accordance with the Councillors’ Code of Conduct. A Declaration of Interest form should be completed and passed to the Committee Officer. 3. Confirm Minute of Planning Committee Meeting held on 01 Thursday 12 May 2011 (Copy herewith) 4. Confirm Minutes of Local Review Body meetings (copies herewith): a) Minute of Meeting held on 15 April 2010 03 b) Minute of Meeting held on 12 May 2011 05 5. Street Naming Report for Former Builder's Yard, Keilarsbrae 07 Sauchie - report by the Head of Community and Regulatory Services (Copy herewith) 6. Planning Application - Change of Use of Agricultural Land to 15 Woodland Burial Cemetery, including Access Road, Turning Circle and Disabled Parking Bays, Land to North of Woodland Park Access Road, Alva (Ref. No. 10/00264/FULL) - report by Development Quality Team Leader (Copy herewith) 7. Applications to Partially Relax the Terms of Section 75 Agreement 27 to Allow Supermarket Within Unit 4 of the Extension at Sterling Mills Outlet Village, Moss Road, Tillicoultry - report by Principal Planner (Copy herewith) COMMITTEE MEMBERSHIP – PLANNING COMMITTEE Councillors Wards Councillor Alastair Campbell (Convener) 5 Clackmannanshire East CON Councillor Tina Murphy (Vice Convener) 1 Clackmannanshire West SNP Councillor Kenneth Earle 4 Clackmannanshire South LAB Councillor Mark English 4 Clackmannanshire South SNP Councillor George Matchett 1 Clackmannanshire West LAB Councillor Walter McAdam 2 Clackmannanshire North SNP Councillor Bobby McGill 2 Clackmannanshire North LAB Councillor Harry McLaren 5 Clackmannanshire East LAB Provost Derek Stewart 3 Clackmannanshire Central LAB Councillor Gary Womersley 3 Clackmannanshire Central SNP THIS PAPER RELATES TO ITEM 3 ON THE AGENDA MINUTE OF MEETING of the PLANNING COMMITTEE held within the Council Chamber, Greenfield, Alloa, FK10 2AD, on THURSDAY 12 MAY 2011 at 9.30 am. PRESENT Councillor Alastair Campbell (Convener) Councillor Kenneth Earle Councillor George Matchett, QPM Councillor Harry McLaren Councillor Gary Womersley IN ATTENDANCE Ian Duguid, Development Quality Team Leader Julie Hamilton, Service Manager Development Andrew Wyse, Solicitor (Clerk to the Committee) PLA(11)01 APOLOGIES Apologies for absence were received from Councillor Tina Murphy, Councillor Mark English, Councillor Walter McAdam MBE, Councillor Bobby McGill and Provost Derek Stewart. PLA(11)02 DECLARATIONS OF INTEREST None PLA(11)03 MINUTE OF MEETING HELD ON 17 MARCH 2011 A minute of the Planning Committee meeting held on Thursday 17 March 2011 was submitted for approval. The minute of the meeting held on Thursday 17 March 2011 was agreed as a correct record and signed by the Convener. PLA(11)04 REPORT OF HANDLING ON PLANNING APPLICATION Planning Application: Change of Use of Public Open Space to Private Garden Ground on Land Adjacent to 111 Alloa Road, Tullibody (Ref. 11/00071/FULL) A report of handling on the above application for planning permission was submitted by the Principal Planner. The report assessed the proposed development in the context of the Clackmannanshire Development Plan and other material considerations including consultation responses. The report made a recommendation to the Committee based on this assessment. 1 As the Council has an interest in the planning application as the owner of the application site, the application was reported to Committee for decision. Motion That the Committee approves the application subject to the terms and conditions set out in the report. Moved by Councillor Alastair Campbell. Seconded by Councillor George Matchett, QPM. Decision The Committee agreed unanimously to approve the application subject to the terms and conditions set out in the report. Action Service Manager (Development) ENDS 9.35 am 2 THIS PAPER RELATES TO ITEM 4 (a) ON THE AGENDA MINUTE OF MEETING of the LOCAL REVIEW BODY held within the Council Chamber, Greenfield, Alloa, on THURSDAY 15 APRIL 2010 at 1.30 pm PRESENT Councillor Alastair Campbell (Chair) Councillor Tina Murphy Councillor Derek Stewart IN ATTENDANCE Mark Easton, Solicitor (Clerk to the Local Review Body) LRB(10)01 APOLOGIES None. LRB(10)02 DECLARATIONS OF INTEREST None. LRB(10)03 APPLICATION FOR REVIEW - SITE ADDRESS: 11 ELISTOUN DRIVE, TILLICOULTRY FK13 6NT Name of Applicant: Mrs Gillian Irvine Description of the Erection of House and Driveway - Application for the Removal of Application: Planning Conditions 5 and 6 of Planning Application Reference 05/00366/FULL Planning Application 09/00282/FULL Reference Number: The Local Review Body considered the application for review, submitted on behalf of Mrs Gillian Irvine, 11 Elistoun Drive, Tillicoultry, FK13 6NT, for the removal of Planning Conditions 5 and 6 of Planning Application Reference 05/00366/FULL. The Local Review Body were satisfied that there was sufficient information before them to determine the application without further procedure. Decision Having considered all of the information before them, the Local Review Body upheld the determination made by the appointed officer on the application for the removal of Planning Conditions 5 & 6 of Application Reference 05/00366/FULL for the following reasons: Reasons 1. The application if approved would allow the proposed new house to be occupied without adequate access road arrangements to serve it, and planning permission would not have been granted for the house in the absence of a package of road improvements being in place. The application is therefore contrary to Policy RES 4 of the Clackmannanshire Local Plan and the related Supplementary Advice Note, SAN 2; 3 2. The reasons for the conditions are valid and there are no material changes in circumstances since the date of submission of application 05/00366/FULL to indicate that these conditions should be removed; and 3. Having considered the further information provided by the applicant and the interested parties, the Local Review Body were satisfied that no material considerations existed since the submission of application 09/00282/FULL that would justify their removal. Action Clerk to the Local Review Body ENDS 1.40 pm 4 THIS PAPER RELATES TO ITEM 4 (b) ON THE AGENDA MINUTE OF MEETING of the LOCAL REVIEW BODY held within the Council Chamber, Greenfield, Alloa, on THURSDAY 12 MAY 2011 at 10.00 am. PRESENT Councillor Alastair Campbell (Chair) Councillor Walter McAdam Councillor Gary Womersley IN ATTENDANCE Mark Easton, Solicitor (Clerk to the Local Review Body) Andy Wyse, Independent Planning Adviser LRB(11)01 APOLOGIES None. LRB(11)02 DECLARATIONS OF INTEREST None. LRB(11)03 APPLICATION FOR REVIEW - BRIDGE MOTOR FACTORS, BROAD STREET, ALLOA, FK10 1AN Name of Applicant: Ms Lynsey McGarvie Description of the Siting of Hot Food Trailer - Renewal of Temporary Planning Application: Permission Ref. No. 08/00141/FULL Planning Application 10/00311/FULL Reference Number: The Local Review Body considered the application for review, submitted on behalf of Miss Lynsey McGarvie, c/o Bridge Motor Factors, Broad Street, Alloa, Clackmannanshire, FK10 1AN, for the renewal of temporary planning permission to operate a hot food trailer. The Local Review Body was satisfied that there was sufficient information before it to determine the application without further procedure. The Local Review Body subsequently allowed the applicant and interested parties below to address the LRB. Attending Miss Lynsey McGarvie, Applicant Ms Valerie Wardrop, on behalf of the Applicant Mr Brian McMeechan, Managing Director, Transview (in support of the Applicant) 5 Decision Having heard representations from Mr Brian McMeechan on behalf of the applicant and Miss Lynsey McGarvie, Applicant, and having considered all of the information before it, on a division of 2 votes to 1, the Local Review Body upheld the determination made by the appointed officer on the application for the refusal of Planning Permission for the Siting of a hot foot trailer for the following reason: Reason 1. The retention of the hot food trailer would, by reason of its appearance and prominent position on the frontage of the site, have an unacceptable detrimental impact on the character and appearance of the Alloa Glebe and adjacent Old Alloa Conservation Areas and would undermine the recent environmental improvements implemented by the Council that have been completed on Broad Street to restore its historic role as a strategic link between the town and the River Forth. Consequently, the development is contrary to Policies EN10 (Conservation Areas), EN11 (Enhancing Environmental Quality) and EN12 (Area Environmental Enhancement) of the Clackmannanshire Local Plan. Action Clerk to the Local Review Body ENDS 10.30 am 6 THIS PAPER RELATES TO ITEM 5 CLACKMANNANSHIRE COUNCIL ON THE AGENDA Report to Planning Committee Date of Meeting: 9th June 2011 Subject: Street Naming Report for Former Builders' Yard, Keilarsbrae, Sauchie Report by: Head of Community & Regulatory Services 1.0 Purpose 1.1 The purpose of this report is to decide the name of a new street. 1.2 In order to assist, the report sets out the results of the consultation exercise seeking a suggested name for a new street in Sauchie.