Planning Committee 8 July 2008

IRVINE, 8 July 2008 - At a Meeting of the Planning Committee of Council at 2.00 p.m.

Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, Ian Clarkson, Ronnie McNicol, Pat McPhee, John Moffat, David Munn, Ryan Oldfather and Craig Taylor.

In Attendance R. Forrest, Planning Services Manager and J. Miller, Chief Development Management Officer (Legal and Protective); and P. Shiach, Corporate Support Officer (Chief Executive's).

Chair Councillor McLardy in the Chair. Apologies for Absence John Ferguson 1.

1.1 08/00359/PP: : 16 Silverhill Chalets

Anthony Curtis, 16 Silverhill Chalets, Whiting Bay, Isle of Arran, has applied for planning permission for the erection of a detached garage to the rear of the chalet at that address. Objections have been received from C.J. Marriott, Marriotts Yard, Whiting Bay, Isle of Arran (owners of Silverhill Bungalow, Golf Course Road, Whiting Bay) and I.B. Arnold, Westwinds, Baycroft, Strachur, Dunoon (on behalf of Mrs. E. Arnold, Auchencrannog, Whiting Bay).

The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.

2. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

Page 1 1.2 08/00425/PP: : Main Street: Site to North East of Shiskine Cemetery

A. MacAllister, Shedock Farm, Shiskine, Isle of Arran, has applied for retrospective planning permission for the erection of 2 storage buildings on a site to the north east of Shiskine Cemetery, Main Street, Shiskine, Isle of Arran.

The Committee agreed (a) to refuse the application on the following ground:-

1. That, the development is contrary to Policies ENV 1, IND 6 and Criteria (a), (b) and (c) of the Development Control Statement of the Isle of Arran Local Plan, in that the applicant has failed to demonstrate that there is a specific locational requirement for the storage buildings and that the development represents unnecessary development in the countryside which is detrimental to the appearance of the countryside and would set an undesirable precedent for unjustified development within the countryside, and (b) to serve an Enforcement Notice to secure the removal of the unauthorised storage buildings and caravan and the reinstatement of the land to its former condition.

1.3 08/00142/PP: : Glencloy Road: Site to the South West of Braeaig

Ms. Jane McFadzean, Loudoun, Douglas Place, Brodick, Isle of Arran, has applied for planning permission for the erection of 2 semi-detached dwellinghouses with the formation of a new access on a site to the south west of Braeaig, Glencloy Road, Brodick, Isle of Arran. Objections have been received from Jennifer A. Faulkner, 11 Glen Estate, Glencloy Road and Richard Sim, 8 Sheean Drive, both Brodick, Isle of Arran.

The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.

2. That the roof and side walls of the dormers hereby approved, shall be clad in tile to match the roof finish of the dwellinghouses, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 2 3. That, prior to the commencement of the development hereby approved, details of a scheme to treat the surface water arising from the site in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the occupation of the dwellinghouses hereby approved, (i) the access/driveway shall be designed in such a way that no surface water shall issue onto the public road; (ii) the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material being deposited onto the public road; (iii) the access driveway shall be widened to 5 metres towards Braeaig and (iv) vehicular access to the site shall be provided with a verge crossing to be formed as detailed in sections 5.2 and 10.8 (and fig. 10.16) of the Roads Development Guidelines, all to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the commencement of the development hereby approved, the applicant shall submit details of the proposed boundary enclosures, for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the approved boundary enclosures shall be erected prior to the occupation of the first dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That, prior to the commencement of the development hereby approved, the applicant shall submit proposals for landscaping within the site including details of the trees to be felled, for the written approval of North Ayrshire Council as Planning Authority.

7. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

1.4 07/01182/PP: Whiting Bay: Site to North of Knockenkelly Cottage

A. Deutsch, 4 Crown Gardens, Glasgow, has applied for planning permission for the erection of 2 semi-detached dwellinghouses, associated parking and road widening, on a site to the north of Knockenkelly Cottage, Whiting Bay, Isle of Arran. 8 objections have been received as detailed in Annex 1 to the report.

Page 3 The Chief Development Management Officer (Legal and Protective) advised the Committee of the receipt of correspondence in relation to site ownership which raised concerns over the applicant's ability to fulfil the conditions which would be attached to the proposed planning consent.

The Committee agreed that consideration of the application be continued pending clarification of ownership of the application site.

2. / and

2.1 08/00230/PP: Ardrossan: Site to East of 53 Montgomerie Street

W. Wylie, 32 Green Street, Saltcoats, has applied for planning permission for the erection of 4 dwellingflats on a site to the east of 53 Montgomerie Street, Ardrossan. Objections have been received from Alan and Mrs. Margaret Deans, no. 52 and W.N. Hornby, no. 38, both Montgomerie Street, and R. Fitzsimmons, Romar, Kilmahew Street, all Ardrossan.

The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of (i) all external finishes including the colour of the render finish to the walls of the building; (ii) all areas of hard surfacing including parking bays, driveway and manoeuvring areas; (iii) exact details of the design and appearance of the bin storage area; and (iv) the proposed means of enclosing the site, including proposals for the erection of a wall surmounted by a railing along the front of the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the roofing material shall be natural or artificial slate, a sample of which shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.

3. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the applicant shall form a footway crossing at the vehicle access to the site as detailed in sections 5.2 _ 10.8 (and Fig 10.16) of the Roads Development Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

Page 4 5. That the first 2 metres of the access, measured from the heel of the footway shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway.

6. That, prior to the commencement of the development hereby approved, details of a scheme to treat the surface water arising from the site in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

7. That no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a scheme of landscaping, which shall include details of species, planting densities, soil treatment and aftercare and shall include indications of all existing trees and hedgerows on the land and details of any to be retained together with measures for their protection in the course of the development.

8. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

9. That, prior to the occupation of any of the dwellinghouses and where Council adoption of open space areas is not to be pursued, there shall be submitted for approval of North Ayrshire Council as Planning Authority, details of the proposed factor or management agency and a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space areas. The landscape management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

Page 5 2.2 08/00192/OPP: Ardrossan: Site to North of Sorbie Farm

Mrs. L. Hogarth, Sorbie Farm, Sorbie Road, Ardrossan, has applied for outline planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the north of that address.

Councillor Barr, seconded by Councillor McPhee moved that the application be granted subject to conditions to be determined by the Assistant Chief Executive (Legal and Protective).

As an amendment, Councillor McLardy, seconded by Councillor Munn, moved that the application be refused for the reasons outlined in the appendix to the report.

On a division, there voted for the amendment 6, and for the motion 5 and the amendment was declared carried.

The Committee agreed to refuse the application on the following grounds:-

1. That the proposed development would be contrary to Policy ENV 1 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would comprise new residential development in the countryside for which a genuine operational need for a worker to live on site in pursuance of an established rural business has not been demonstrated.

2. That the proposed dwellinghouse would not comply with the criteria (a) and (c) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the siting of a dwellinghouse at the proposed location would have an adverse impact on the landscape character and visual appearance of the area given its relative isolation from the nearest buildings.

3. Garnock Valley

3.1 08/00178/PP: Dalry: 6 Garnock Street

G. Friel, 6 Garnock Street, Dalry, has applied for planning permission for the formation of a dormer extension to the front of the dwellinghouse at that address.

The Committee agreed to refuse the application on the following grounds:-

1. That the development would be contrary to Policy BE 1 of the North Ayrshire Local Plan (Excluding Isle of Arran), in that the proposed dormer, due to its position, size and design, would adversely affect the visual amenity or historical/architectural character of Dalry Conservation Area.

Page 6 2. That the proposed development would neither preserve nor enhance the character or appearance of the Dalry Conservation Area.

3.2 08/00080/OPP: : 12 Dalry Road: Site to South-West of Filling Station

Studio Track Ltd., Kilbirnie Filling Station, 12 Dalry Road, Kilbirnie, has applied for outline planning permission for the erection of 8 two bedroomed flatted dwellinghouses in a 2 storey block on a site to the south west of the Filling Station at that address.

The Committee agreed to refuse the application on the following ground:-

1. That the applicant has not submitted sufficient information regarding the nature of the development, in particular on the location of the petrol storage tanks, vents and dispensers within the petrol filling station, to enable the proper determination of the application.

3.3 08/00317/OPP: : Site to South of 13 Roebank Road

Mrs. C. Harbon, 13 Rosebank Road, Beith, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the south of that address. Objections have been received from Andrea Henry, no. 11, Mr. and Mrs. G. Dowie, no. 30 and James McQueen, no. 28, all Roebank Road, Beith and from Beith and District Community Council.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed development would not satisfy criteria (b) and (c) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the proposed development would be detrimental to the visual appearance and character of the area, as it would result in the loss of mature trees and impact on the future health of the remaining trees sited close to any house.

3.4 08/00453/ADC: Kilbirnie: 6 Main Street

Primesight Ltd., Charlotte House, 14 Windmill Street, London, have applied for retrospective advertisement consent for the erection of an internally illuminated 6 sheet wall mounted advertising unit to the side of the shop at 6 Main Street, Kilbirnie.

The Committee agreed (a) to refuse the application on the following ground:-

Page 7 1. That, by virtue of its prominent location, illumination and the materials of its construction, the display of the advertisement would detract from the amenity of this location within Kilbirnie town centre. This would be contrary to the provisions of the Council's Advertisement Policy which generally seeks to resist hoardings in the interests of amenity, and (b) to serve an Enforcement Notice to secure the removal of the advertisement display.

4. Irvine/

4.1 08/00282/PP: Irvine: : 5 Pennyvenie Way

Mr. and Mrs. B. McCormick, 5 Pennyvenie Way, Girdle Toll, Irvine, have applied for planning permission for the erection of a detached garage to the side and the erection of an extension to the rear of the semi-detached dwellinghouse at that address. Objections have been received from Brian Cunningham, no. 43 and Raymond, McGill, no. 45, both Pennyvenie Way, Girdle Toll, Irvine.

The Committee, having considered the terms of the objections, agreed to grant the application subject to the following condition:-

1. That the development hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

4.2 08/00412/ADC: Irvine: Bank Street: Irvine Campus

Lovell Partnership Ltd., Lovell House, 271 Springhill Parkway, Glasgow Business Park, Glasgow, has applied for advertisement consent for the erection of hoarding signage consisting of 16 panels at Irvine Campus, Bank Street, Irvine.

The Chief Development Management Officer (Legal and Protective) advised the Committee that the application had been withdrawn by the applicant.

Noted

5. North Coast and Cumbraes

5.1 08/00287/PP: : : 115 Ardrossan Road

Mr. and Mrs. Plimbley, 115 Ardrossan Road, Seamill, West Kilbride, have applied for planning permission for the demolition of the existing dwellinghouse and the erection of a detached dwellinghouse at that address. An objection has been received from John G, Lamb, 97 Ardrossan Road, Seamill, West Kilbride.

Page 8 The Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:-

1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details or samples of the proposed external finishes.

2. That, prior to the commencement of the development hereby approved, the developer shall submit for the written approval of North Ayrshire Council as Planning Authority full details of all boundary treatment, driveway and path surfaces. For the avoidance of doubt, driveways shall be hard-surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway. Thereafter, any such details which may be approved shall be implemented and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the footway to the front of the site shall be reconstructed and surfaced in a bituminous material to the satisfaction of North Ayrshire Council as Planning Authority following the completion or occupation of the dwellinghouse, whichever is the sooner.

5.2 08/00273/PP: West Kilbride: Glenbryde Road: Site to East of Glenbryde Mill

RDK Construction/Robert Ryan Homes, 1-3 Sharphill Industrial Estate, Saltcoats, have applied for planning permission for the erection of 2 detached dwellinghouses with associated access road, car parking and landscaping on a site to the east of Glenbryde Mill, Glenbryde Road, West Kilbride. An objection has been received from Mrs. Pat Coyle, 4 Glamis Avenue, Newton Mearns. Representations have also been received from Edward Jackson, 320 Stresemannstrasse, 22761 Hamburg, Germany and Jim Brown, 16 Little Haynooking Lane, Maltby, Rotherham, South Yorkshire.

The Chief Development Management Officer (Legal and Protective) advised the Committee of the receipt of correspondence in relation to land ownership which may preclude development of the site.

The Committee agreed that consideration of the application be continued pending clarification of ownership of the application site.

6. Listed Building Enforcement Notice: Stevenston: Stevenston High Kirk: Schoolwell Street

Submitted report by the Assistant Chief Executive (Legal and Protective) on the serving of an Enforcement Notice to ensure compliance with Condition 1 of Listed Building Consent N/07/00834/LBC granted on the 13 February 2008.

Page 9 Following the collapse of a 12 metre stretch of stone wall on the church driveway at Stevenston High Kirk, Schoolwell Street, Stevenston, conditional listed building consent was granted, in February 2008, for the demolition of the 3 metre wall and the erection of a 1 metre high stone wall at the location.

The applicant had originally intended replacing the wall with a fence, Historic , however had advised that, given the historic and traditional character of the Church, manse tree-lined avenue and remains of the wall, this was not an appropriate replacement.

Condition no. 1 of the consent stated that the proposed wall shall be constructed using the original stones and coping, to the satisfaction of North Ayrshire Council as Planning Authority. Subsequently a complaint was received indicating that applicant and office bearers of the church had decided to demolish the wall, remove the coping and not rebuild the 1 metre high wall.

Following a visit to the site by the Planning inspector, the applicant and office bearers were advised that the circumstances would be reported to the Planning Committee for approval to take enforcement action.

The Chief Development Management Officer (Legal and Protective) advised the Committee of the receipt of correspondence from the site owners seeking more time to re-instate the wall.

The Committee agreed that consideration of the matter be continued to allow the applicant more time to fulfil the conditions of the listed building consent.

7. Irvine: : Notices for Proper Maintenance of Lands

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of Notices for the Proper Maintenance of Lands in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997, on the owners of the land (1) at the former vehicle scrap yard at Station Row, Drybridge; (2) to the north of Station Row; and (3) at 16 and 18 Station Row, Drybridge.

The yard has been the subject of complaints for several years, mainly relating to the condition of the boundary fencing, customer parking in Station Row blocking access, the general condition of the yard and fencing to the south boundary with the railway embankment.

In January 2008 following further complaints from local residents relating to specific concerns detailed in the report, and following numerous visits by the Planning Officer, the site owner was requested in writing to rectify the matter. He was further notified in May to carry out the necessary works, and was advised that failure to comply would result in a report to the Planning Committee seeking approval to take enforcement action on the outstanding matters.

Page 10 While some work has progressed on site, given the delay in implementing the works, the Assistant Chief Executive, (Legal and Protective) considers that enforcement action is still necessary.

The Committee agreed (a) to approve the service of Notices requiring the proper maintenance of land under Section 179 of the Town and Country Planning (Scotland) Act 1997 to ensure the following:-

(1) Clear the former vehicle scrap yard of all scrap vehicles, parts, containers, general rubbish and other materials; (2) Repair the wooden fencing to the area overlooking Main Street, Drybridge; (3) Remove all wood and general rubbish between this fence and an area of land next to Main Street, Drybridge; (4) Repair the sections of fencing on the south boundary next to the railway embankment; (5) Clear the land to north of Station Road, Drybridge, of wood, piping, debris and other general rubbish; (6) Remove the unauthorised static caravan and scrap vehicles from the land at 16 Station Row, Drybridge; (7) Remove the scrap vehicles from the land at 18 Station Row, Drybridge; and (8) Maintain the lands referred to in these Notices in a reasonable tidy condition, and (b) that the land owner be given 28 days to comply with these Notices.

8. Dalry: Land at 36-40 New Street: Notice for Proper Maintenance of Land

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Notice for the Proper Maintenance of Land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997, on the owners of the land at 36-40 New Street, Dalry.

The former Club Bar Public House, 30-40 New Street Dalry is located within the Dalry Town Centre Conservation area at a prominent position on a busy junction on the A737 trunk road.

Complaints had been received concerning the external appearance of the property, and in particular, the boarded up front windows and signage above the front entrance. In August 2007, the owner was advised in writing to undertake action, as outlined in the report, to rectify the position, but no works were undertaken.

In May 2008, the company marketing the property were advised of the poor external condition of the front of the property, and that remedial action was required. They were further advised that failure to comply would result in the matter being reported to the Planning Committee seeking approval to take enforcement action. To date, both the owner of the property and the marketing company have failed to comply

Page 11 The Committee agreed to approve the service of a Notice requiring the proper maintenance of land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 to ensure that (a) the boards over the front windows are removed and the windows reinstated; and (b) the signage above the front entrance is removed.

The Meeting ended at 3.20pm

Page 12