Planning Committee 15 August 2005

IRVINE, 15 August 2005 - At a Meeting of the Planning Committee of Council at 2.00 p.m.

Present David Munn, Tom Barr, John Moffat, Ian Clarkson, Margie Currie, Stewart Dewar, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn, Alan Munro, David O'Neill, Robert Rae, Donald Reid, John Reid and Ian Richardson.

In Attendance I. Snodgrass, Chief Executive; I.T. Mackay, Assistant Chief Executive (Legal and Protective); A. Fraser, Manager, Legal Services and J. Miller, Chief Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager and M. Ferrier, Team Leader (Development and Promotion); A. Wattie, Communications Officer and S. Bale and M. Anderson, Corporate and Democratic Support Officers (Chief Executive's). Also In Attendance G. Flemming, ARPL Architects and Quantity Surveyors. Chair Councillor D. Munn in the Chair.

A. ITEMS REQUIRING APPROVAL BY COUNCIL

1. North Ayrshire Local Plan Supplementary Guidance: Seafront Design Framework

Submitted report by the Assistant Chief Executive (Development and Promotion) and received a presentation by consultants on the outcome of the Largs Townscape Study and proposals for a Largs Seafront Design Framework for public presentation.

ARPL was appointed by competitive tender to carry out the first in a programme of townscape audits and to provide both a design framework for Largs Seafront and a brief for Greenock Road, Largs. The design framework and brief provide development guidelines relating to land use, building form and height, colour and massing, building line, landscape and public open spaces. The design framework emphasises the following:-

(i) the importance of the relationship between open promenade and cultivated paths and gardens; (ii) the potential of the public spaces set back from the seafront at Vikingar, Moorburn and Brooksby;

Page 1 (iii) the varied nature of the building line; (iv) the retention of long sea views; and (v) the retention of intermittent views of the seas.

It is proposed to present the design framework and brief to the public, with Largs Community Council specifically invited to attend and, thereafter, to report back to Committee on the outcome prior to approval of the documents as Supplementary Guidance to the Local Plan.

The Committee agreed to (a) approve the design framework, as presented by the consultant, for public presentation; and (b) remit to the Assistant Chief Executive (Development and Promotion) to report to a future Committee on the public presentation and proposed adoption of the Largs Seafront Design Framework as Supplementary Guidance to the Local Plan.

2. Development Brief for Thornhouse Avenue, Irvine

Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed Development Brief for Thornhouse Avenue, Irvine.

The site at Thornhouse Avenue, Irvine was formerly occupied by a gas works. Part of the site is derelict and vacant and the remainder occupied by an office building. The previous development brief of April 1996 was for industrial units and yardage.

A recent Public Inquiry into the North Ayrshire (excluding the ) Local Plan resulted in the former gas works site being reallocated from industrial to residential use. The Reporter stipulated that development of the site should be conditional on the preparation of a Development Brief approved by the Council before development commences, such brief to ensure suitable decontamination of the site and protection of the existing adjacent industrial uses.

The Committee agreed to approve the Development Brief for Thornhouse Avenue, Irvine as set out in the appendices to the report.

3. Naming of New Housing Developments

Submitted reports by the Assistant Chief Executive (Development and Promotion) on the naming of new housing developments at the following locations:-

3.1 : off Shore Road: Site of Former Heywood Hotel: MacIntosh Homes Limited

The Committee agreed to name the development "Heywood Gardens".

Page 2 3.2 Irvine: Montgomerie Park: Naming of 3 Streets: Persimmon Homes Limited

The Committee agreed to name the 3 streets within the development "Archers Avenue", "Archers Court" and "Regalia View".

3.3 Dalry: off Courthill Street: Site of Former Hotel De Croft: Property & Asset Developments

The Committee agreed to name the development "Crofthill Close".

B. ITEMS DETERMINED UNDER DELEGATED POWERS

4. Isle of Arran: Kildonan: Old Coastguard House: Provisional Tree Preservation Order

Submitted report by the Assistant Chief Executive (Development and Promotion) on the serving of a Provisional Tree Preservation Order on a group of Scots pine trees at the Old Coastguard House, Kildonan, Isle of Arran.

The Committee agreed to approve the action taken to serve a Provisional Tree Preservation Order.

5. Isle of Arran: : Greyholme: Provisional Tree Preservation Order

Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed serving of a Provisional Tree Preservation Order on the mature beech tree in the grounds of Greyholme, Brodick, Isle of Arran.

The Committee agreed to approve the serving of a Provisional Tree Preservation Order.

6. Dalry: Site to the North of 41 Courthill Street (Parkhill House): Provisional Tree Preservation Order

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed serving of a Provisional Tree Preservation Order with immediate effect on the trees located within a site to the north of 41 Courthill Street (Parkhill House), Dalry.

The Committee agreed to approve the serving of a Provisional Tree Preservation Order.

Page 3 7. Arran Local Plan Area

7.1 05/00488/OPP: Kildonan: Kildonan Road: Site 2 to West of Drimlabarra Croft

Mr. and Mrs. A. Conacher, Drimlabarra Croft, Kildonan Road, Kildonan, Isle of Arran, have applied for outline planning permission for the erection of a residential development on site 2 to the west of that address.

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

1. That the proposed development would be contrary to the objectives of the Development Control Statement in the Adopted Isle of Arran Local Plan and, in particular, criterion (a) siting, design, and external appearance, which states that "siting of development should have regard to the relationship of the development to existing buildings and the visual effects of the development on the surrounding area and landscape."

2. That the proposed development would set a damaging precedent for further sporadic development along the public road in the vicinity of the site, which would be detrimental to the character of Kildonan and injurious to the amenity of the area.

7.2 05/00280/PP: : Site of Clachurin and Site to North East

J. Black, Ward Farm, Kilbarchan, has applied for planning permission for the demolition of the existing dwellinghouse, erection of 2 detached dwellinghouses, alteration to the existing access and formation of a car parking area on the site of Clauchurin and a site to the north east, Lochranza, Isle of Arran. An objection has been received from C.J.G. Fforde, Arran Estates Office, Brodick. Representations have been received from A. Hamilton 'Caladh Beag', Lochranza, Isle of Arran and Dr. and Mrs. T.A. McAllister, Tour, Kilmaurs (owners of 'Clipper Haven' to the west of application site).

The Committee, having considered the terms of the objection and representations, 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 samples of the proposed external finishes and roof materials to be used.

2. That stockproof fencing shall be erected on the rear and side boundaries of the application site. All boundary treatment, including the repairs to, and extension of, the random rubble wall, shall be erected prior to the occupation of the development.

Page 4 3. That all plant and construction materials shall be stored within the curtilage of the application site and the private road shall be kept free from obstruction at all times.

4. That any damage to the private access road leading to the site during demolition and building operations shall be made good to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the development.

5. That effluent disposal arrangements shall comply with the current code of practice BS6297:1983 to the satisfaction of North Ayrshire Council as Planning Authority.

6. That the proposed dwellinghouse shall be provided with an adequate and wholesome water supply, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

7.3 05/00347/OPP: Kildonan: Site to the North of the Old Coastguard Station

Mr. and Mrs. Goldsbrough, The Old Coastguard House, Kildonan, Isle of Arran, have applied for outline planning permission for the erection of a residential development at a site to the north of that address. Objections have been received from D. and E. Macpherson, Lloyds Cottage, Maurice Stewart, Dervaig, J. and S. Robinson, Castle House, Mr. and Mrs. H.G. Hagan, no. 1 and Zabdi and Patricia Keen, no. 2, both Coastguard House and Sheila C. Bryson, Castle Cottage, all Kildonan, Isle of Arran.

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

1. That the proposed development would be contrary to the objectives of the Development Control Statement in the Adopted Isle of Arran Local Plan and, in particular, criterion (a) siting, design, and external appearance, which states that "siting of development should have regard to the relationship of the development to existing buildings and the visual effects of the development on the surrounding area and landscape."

2. That the loss of trees, protected by a Tree Preservation Order, resulting from the development would have an unacceptable impact on the amenity of the area and the landscape setting of this part of Kildonan.

3. That the site cannot be satisfactorily accessed without alterations to the private roads in the vicinity of the application site. It has not been demonstrated that such alterations can be achieved and the development would, therefore, be contrary to the Council's Guidelines for Development Roads, to the detriment of traffic safety in the area.

Page 5 8. // Local Plan Area

8.1 05/00335/PP: Saltcoats: Dalry Road: Tyre and Exhaust Garage

Vodafone (UK) Ltd., c/o Mono Consultants Ltd., 48 St. Vincent Street, Glasgow, have applied for planning permission for the installation of a 13.35 metre high Racal Streetworks Monopole supporting 3 dual band antennae, one Norlet Cabinet, one Badger Cabinet and associated development at the Tyre and Exhaust Garage, Dalry Road, Saltcoats. Objections have been received from Bield Housing Association, 12 Somerset Place, Glasgow and Frances Giblin, 13 Wheatley Road, Saltcoats.

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 hereby approved, details of a fence to screen the base and equipment cabins of the installation shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Prior to the telecommunications installation becoming operational, the fence, as may be approved, shall be erected and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority .

2. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority.

8.2 05/00415/NID: Saltcoats: Nelson Road: Site to the South of the Three Towns Resource Centre

North Ayrshire Council, Social Services, Elliot House, Road, Irvine, have applied for a Notice of Intention to Develop for the erection of a single storey Young Persons' Residential Centre, associated access, car parking, landscaping and boundary fencing of 1.0 metres and 1.8 metres on a site to the south of the Three Towns Resource Centre, Nelson Road, Saltcoats. Objections have been received from 26 households in the immediate vicinity as detailed in Annex 1 to the report.

The Chief Development Control Officer advised that 3 further letters of objection had been received from T. McManus, 82 Auchenharvie Road, Mrs. C. Durkan, 77 Auchenharvie Road and B. McLellan, 2 Nelson Road, all Saltcoats, together with a letter of representation from Councillor Nan Wallace, 2 High Road, Stevenston.

The Committee, having considered the terms of the objections and representation, agreed to support the proposed development and refer the application to the Scottish Executive for determination.

Page 6 8.3 05/00307/PP: Ardrossan: 1 South Crescent Road: St. Peter-in-Chains

The Diocese of Galloway Estates, Mabie House, 1 Ashgrove, Maybole, have applied for planning permission for the erection of a replacement presbytery at St. Peter-in-Chains, 1 South Crescent Road, Ardrossan.

The Committee agreed to grant the application subject to the following condition:-

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

8.4 04/01304/PP: Ardrossan: Montgomerie Street: Ardrossan Harbour

Persimmon Homes West Limited, Persimmon House, 77 Bothwell Road, Hamilton, have applied for planning permission for the erection of 61 dwellinghouses and the formation of a new vehicular and pedestrian access, associated car parking and landscaping at Ardrossan Harbour, Montgomerie Street, Ardrossan. A petition of 6 signatures has been received opposing the development per Mrs. A. Findlay, 26D Montgomerie Street, Ardrossan. Representations have been received from P. Graham, no. 62 and J.T. Lewis, no. 83, both Mariners View, Ardrossan.

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

1. That, prior to the commencement of construction works within the site, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority (i) a Drainage Assessment (including an assessment of flow routing of surface water through the site when surface water systems are overloaded); (ii) a Flood Risk Assessment; (iii) full details of the proposed external finishes and an indication of their distribution within the site; (iv) proposals for the provision of lighting within the private parking courts; (v) details of proposals to provide individual bin collection points for plots 35 to 41; and (vi) details of play area equipment, surfacing and boundary enclosures associated with the play area.

2. That all matters relating to the identification and remediation of contaminated land and groundwaters within the site shall be undertaken fully in accordance with the agreed "Site Investigation and Remediation Report" of May 2005, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

3. That the first 2 metres of the accesses, measured from the heel of the footway, shall be hard surfaced in order to prevent deleterious material being carried on to the carriageway and designed in such a way that no surface water shall issue from those accesses onto the adjacent carriageways.

Page 7 4. That visibility splays of 2.5 m x 35 m at all internal junctions shall be provided and maintained on land within the applicants' control, such that there is no obstruction to visibility above a height of 1.05 m measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

5. 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.

6. 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.

7. That, prior to the occupation of any of the dwellinghouses and where Council adoption of the play area and open space areas within the site 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

8. That the proposals agreed under Condition 1(i),(v) and (vi) shall be fully provided prior to the occupation of any of the dwellinghouses immediately adjacent to those locations.

9. That, notwithstanding the submitted details, the boundary enclosures marked green on the plans hereby approved shall be set back a minimum of 2 metres from the heel of the pavement to the satisfaction of North Ayrshire Council as Planning Authority, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority. Details of the landscaping of this area shall be submitted in accordance with Condition No. 5 above.

10. That, prior to the commencement of the development hereby approved, details of both the existing ground levels and finished floor levels of the dwellinghouses shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority.

Page 8 9. Garnock Valley Local Plan Area

9.1 05/00476/NID: Dalry: Sharon Street: Dalry Primary School

North Ayrshire Council Educational Services, Cunninghame House, Friars Croft, Irvine, have applied for Notice of Intention to Develop for the formation of an all-weather sports pitch with associated lighting and fencing at Dalry Primary school, Sharon Street, Dalry. Objections have been received from A. McGregor and Lindsay Wood, no. 3 and William Harvie, no. 6 both Archibald Drive, Dalry.

The Planning Services Manager advised of a further 10 letters of objection, from Mrs. M. McCrae, no. 51A, A. and S. Hunter, no. 51B, Ms. C. Welsh, no. 55, all Vennel Street, R. Savage, no. 8, Mrs. A. Kane, no. 10, Mrs. A. McManus, no. 4, Mrs. I. Campbell, no. 24, Mrs. J. Gordon, no. 16, all St. Margaret Avenue, Mrs. Coventry, no. 7 and E. Campbell, no. 11, both Archibald Drive, all Dalry.

The Committee, having considered the terms of the objections, agreed to support the proposed development and refer the application to the Scottish Executive for determination.

9.2 05/00345/OPP: Dalry: Site to the North of 41 Courthill Street

Gordon and Ann Hall, Parkhill House, 41 Courthill Street, Dalry, have applied for outline planning permission for the erection of a dwellinghouse on a site to the north of that address. An objection has been received from Shona Emery, Ardlui, 20a Courthill Street, Dalry.

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

1. That the proposed development would be contrary to criteria (ii) and (iii) in Policy HOU7 in the Adopted Garnock Valley Local Plan in that the development would not offer adequate space for a rear garden for the proposed dwellinghouse and it would create unacceptable overlook of adjoining properties, all to the detriment of the residential amenity and character of the area.

2. That the proposed development would be contrary to Policy ENV8 in the Adopted Garnock Valley Local Plan and BE5 in the Finalised North Ayrshire Local Plan (excluding Isle of Arran), in that it would be detrimental to the setting of Parkhill House, a Category C(S) Listed Building and it would require removal of part of an existing stone wall which is part of the listing.

Page 9 3. That the proposed development would be contrary to Policy ENV2 in the Adopted Garnock Valley Local Plan, in that it would require the felling of seven mature trees and major pruning works to the remaining trees, which would have an adverse impact on this important group of trees, to the detriment of the character and amenity of the area.

10. Irvine/Kilwinning Local Plan Area

10.1 05/00524/PP: Kilwinning: 11 Abbots Walk

Mr. and Mrs. Clegg, 11 Abbots Walk, Kilwinning, have applied for planning permission for an extension to the rear of semi detached dwellinghouse at that address. Objections have been received from Mr. and Mrs. Kane, no. 9 and Mr. and Mrs. Currie, no 13, both Abbots Walk, Kilwinning.

The Committee, having considered the terms of the objections, agreed to grant the application.

10.2 05/00392/PP: Irvine: : 26 Barra Place

Mr. and Mrs. Elliot, 26 Barra Place, Broomlands, Irvine, have applied for planning permission for the formation of a dormer above the garage to the front of the terraced dwellinghouse at that address. Objections have been received from J. Deans, 5 Barra Crescent, Mr. and Mrs. Drinnan, no. 2 and Crawford Burns, no. 1, both Barra Place, all Irvine.

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

1. That a sample of roofing tile shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.

10.3 05/00297/PP: Irvine: 1 West Road

Hoi Toi Chung, 1 West Road, Irvine, has applied for retrospective planning permission for the erection of 2 summer huts for domestic use and 1 garden hut for office use within the rear garden of the dwellinghouse at that address. An objection has been received from Mrs. Eileen McInnes, 6 West Court, Irvine.

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

1. That the summer huts, No. 1 and 2 on the plans, hereby approved, shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

Page 10 2. That the planning permission hereby granted for the office use of the Storage Hut, No. 3 on the approved plans, shall enure not for the benefit of the land to which it relates but for the benefit of the applicant only and the use of the hut shall only be in conjunction with the occupation of the dwellinghouse.

3. That there shall be no other persons employed in the running of the graphic design business other than the occupier of the dwelling house at No 1 West Road, Irvine.

4. That the two summerhuts and storage hut hereby permitted shall be removed and the land restored to its former condition on or before 31st August 2015.

10.4 04/01246/PP: Irvine: Thornhouse Avenue: Former Gas Works Site

Irvine Housing Association and Second Site, Property Holdings Limited, c/o Robert Potter and Partners, 7 Miller Road, Ayr, have applied for planning permission for the erection of 6 semi-detached dwellinghouses and 20 terraced dwellinghouses, together with the formation of associated roads, footways, car parking spaces and landscaping at the former Gas Works site, Thornhouse Avenue, Irvine. Objections have been received from Mrs. Tracey Galloway, 4 Thornhouse Avenue and Mrs. Trina Cardello, Gel Tron International, 36 Ballot Road, both Irvine.

The Committee, having considered the terms of the objections, agreed to grant planning permission subject to (a) the applicants entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 or other agreement as may be deemed appropriate by the Council to provide for payment to the Council of a commuted sum to contribute towards provision of play facilities in the locality; and (b) the following conditions:-

1. That the recommendations and requests detailed within Section 8.9 of the Omnitech (Scotland) Limited desktop study report number S2500/JLD/R1 shall be implemented and, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details of a Stage Two Intrusive Investigation Report including remediation proposals to enable the site to be used for residential purposes, which remediation proposals shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the commencement of the development.

2. That, prior to the commencement of the development, the applicants shall submit for written approval of North Ayrshire Council as Planning Authority details of proposals for (i) the provision of six lay-by parking spaces in front of the proposed houses on Thornhouse Avenue, which lay-by parking shall be formed prior to the occupation of any of the houses hereby approved; and (ii) the transition to the shared surface internal road layout.

Page 11 3. That foul drainage from the development shall be discharged to the public sewer and, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority a drainage impact assessment which demonstrates that the existing sewerage system is capable of accepting drainage from the development without causing the premature operation of consented storm overflows and shall also include proposals for the disposal of surface water run-off from the development taking into account the contaminants at the site, the remediation strategy and risks proposed by any residual contamination, and an assessment of flow routing of surface water through the site when surface water systems are overloaded.

4. 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 Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

5. 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) the proposed external finishes to the dwellinghouses including colours; (ii) the provision of a one metre high boundary wall along the Thornhouse Avenue frontage of the site and all boundary and plot division fences/walls; and (iii) all hard surfaces throughout the site including roads, parking areas and footpaths. Any such details which may be approved in respect of the proposed enclosures, shall be implemented prior to the occupation of any of the dwellinghouses and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

6. 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.

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.

Page 12 10.5 05/00426/PP: Kilwinning: 18 Moncur Road

Mr. and Mrs. J. Watson, 18 Moncur Road, Kilwinning, have applied for planning permission for the erection of a porch to the front of the terraced dwellinghouse at that address. An objection has been received from W.R. Fairlie, 16 Moncur Road, Kilwinning.

The Planning Services Manager advised that a further letter of objection had been received from Taylor Henderson, Solicitors, Estate Agents and Financial Advisers, 65 High Street, Irvine, on behalf of W.R. Fairlie, 16 Moncur Road, Kilwinning.

The Committee, having considered the terms of the objection, agreed to grant the application.

10.6 05/00566/PP: Irvine: Littlestane Road: Site to the North of 3 Kames Court

Councillor Rae declared an interest in the following item of business and took no part in the discussion thereon.

MM02 Ltd., Craig House, Mason Street, Motherwell, have applied for planning permission for the erection of a 15m high flexicell2 telecommunications column and associated equipment on a site to the north of 3 Kames Court, Littlestane Road, Irvine. 129 letters of objection have been received as detailed in Annex 1 to the report.

The Planning Services Manager advised that a further letter of objection had been received from Mrs. S. Seenan, 3 Kames Court, Irvine.

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

1. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority.

2. That all equipment shall be located a minimum of 450mm from the adjacent carriageway.

10.7 05/00477/OPP: Irvine: 10 Williamfield Park

Mr. and Mrs. Sandhu, 10 Williamfield Park, Irvine, have applied for outline planning permission for the sub-division of the existing garden to form a house plot at that address. Objections have been received from Mr. and Mrs. E. Bannerman, no. 18 (also signed by K. McKie, no. 8), Mrs. J. Wyllie, no. 15, and Mrs. A. Stewart, no. 13, all Williamfield Park and Mr. and Mrs. A. Wyllie, 29 Kilwinning Road, Irvine.

Page 13 The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policy HOU9 of the Adopted Irvine/Kilwinning Local Plan and the Development Control Statement of the Finalised North Ayrshire Local Plan (Excluding Isle of Arran) in that it would result in the overdevelopment of the house plot and detract from the openness of the area, which would be detrimental to the amenity of neighbouring residential property and the area in general.

11. North Coast and Cumbraes Local Plan Area

11.1 05/00356/PP: Largs: Bath Street: Clarke Memorial Church

Vodafone (UK) Ltd., c/o Mono Consultants Ltd., 48 St. Vincent Street, Glasgow, have applied for planning permission for the installation of 3 3G Vodafone antennae and ancillary equipment within the tower of the existing Clarke Memorial Church, Bath Street, Largs. An objection has been received from Mrs. M.S. Stuart, 8 Union Street, Largs.

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 hereby approved, full details of the colour scheme to be used in the antennae shall be submitted for the written approval of North Ayrshire Council as Planning Authority.

2. That the fixings used to support the antennae shall not damage the stonework within the steeple. Wherever possible, fixings shall be fitted into joints between the stone.

11.2 05/00351/PP: Largs: 14 Rockland Park

Carol Mitchell, 14 Rockland Park, Largs, has applied for planning permission for the erection of an attached dwellinghouse and alterations to the existing dwellinghouse at that address.

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

1. That the proposed development would be contrary to Policy HOU7 in the Adopted North Coast and Cumbraes Local Plan and the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that (i) the house would not have an independent outlook as it would be remote from the public road; (ii) would constitute backland development to the detriment of the residential amenity and character of the area; (iii) the house would not have an independent access; and (iv) the development would result in the loss of a mature tree.

Page 14 11.3 05/00652/PP: : 118 Main Street

North Ayrshire Cancer Care, Muirside Lodge, Stevenston Road, Kilwinning, have applied for planning permission for the erection of a timber storage hut to the rear of the existing shop at 118 Main Street, West Kilbride. An objection has been received from L.J. Buchanan, 116 Main Street, West Kilbride.

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

1. That the existing hut shall be removed within one month from the date of this consent to the satisfaction of North Ayrshire Council as Planning Authority.

11.4 04/01288/PP: West Kilbride: Law Farm

Gerard Sweeney, Law Farm, West Kilbride, has applied for planning permission for alterations and extension to the side and rear of the existing detached dwellinghouse and the erection of 2 detached dwellinghouses at that address. Objections have been received from D. Queen, no. 11 and Mrs. C. Wilson, no. 12 both Ailsa View, West Kilbride.

The Chief Development Control Officer circulated an extract of drawings of the proposed development to illustrate proposed building lines.

Councillor D. Munn, seconded by Councillor O'Neill, moved that the application be granted subject to the conditions detailed within the report.

As an amendment, Councillor McLardy, seconded by Councillor Rae, moved to refuse the application on the grounds that it was contrary to Policies HER5 (Listed Buildings/Ancient Monuments) of the Adopted Local Plan, Policy BE5 (Listed Buildings) and Policy BE6 (Ancient Monuments) of the Finalised Local Plan in that the development would have an adverse impact on the setting of Law Castle and, in terms of design and appearance, was not in keeping with surrounding buildings.

On a division, there voted for the amendment 6 and for the motion 7 and the motion was declared carried.

Accordingly, 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 full details of the proposed external finishes and boundary enclosures, existing and finished grand levels and finished floor levels of the houses hereby approved.

Page 15 2. That both the two dwellinghouses hereby approved and the existing dwellinghouse which is being extended shall be connected to the public sewer to the satisfaction of North Ayrshire Council as Planning Authority, written confirmation of which shall be provided to the Planning Authority prior to the occupation of any of the dwellinghouses hereby approved.

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 Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to North Ayrshire Council as Planning Authority, during development work. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by West of Scotland Archaeology Service. The name of the archaeological organisation retained by the developer shall be given to North Ayrshire Council as Planning Authority and to the West of Scotland Archaeology Service in writing no fewer than 14 days before the development commences.

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 the applicant shall ensure that any vehicles associated with construction works in relation to the implementation of this planning permission shall be parked off-road within the site to ensure that clear access is maintained for other road users and shall also ensure that only one HGV/delivery vehicle is serving the site at any one time.

7. That, notwithstanding the permission granted by Article 3 of and Class 1 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any development within the curtilages of the dwellinghouses.

Page 16 8. That, notwithstanding the permission granted by Article 3 and Class 7 of Part 2 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any gates, fences, walls or other means of enclosure within the curtilages of the dwellinghouses.

12. Petition: Grass Maintenance: Meadowpark Road/Crannog Way, Kilwinning

Submitted report by the Assistant Chief Executive (Legal and Protective) on a petition submitted by residents in the Meadowpark Road/Crannog Way area of Kilwinning regarding the lack of maintenance of a grassed area on the north west side of Meadowpark Road between Crannog Way and Blairafton Wynd and requesting the Council to ensure maintenance of the area in accordance with the planning permission.

In terms of Council policy, if the Council were to assume maintenance responsibility of a piece of land, title of the land must transfer to the Council at no cost and the developer make a capital contribution for maintenance, equating to 10 times the estimated annual cost. No such formal agreement has been implemented in this case and the Council, therefore, has no legal obligation to maintain the area of ground in question.

Part VI of the Town and Country Planning (Scotland) Act, 1997 provides for Enforcement and Breach of Condition Notices to be served. However, in this case, as there was no condition on the developer or any successors to maintain the open space, service of a Breach of Conditions Notice is not appropriate. To carry out effective service of an Enforcement Notice, the Council would require to establish ownership/occupancy and, in this case, ownership has not been established and the land is unoccupied.

Legal and Protective Services will continue to seek to establish who owns the ground in question and, thereafter, make representation to the owner to carry out maintenance of the grassed area.

The Committee (a) noted the terms of the petition; and (b) agreed to take no action in respect of service of an Enforcement Notice relating to the lack of maintenance of grassed areas adjacent to Meadowpark Road/Crannog Way, Kilwinning.

13. Application for Certificate of Appropriate Alternative Development (CAAD): Reference 05/00482/CAAD

Submitted report by the Assistant Chief Executive (Legal and Protective) on an application by Miss Reside, c/o Bryce Associates Limited, 6 Newton Place, Glasgow for a Certificate of Appropriate Alternative Development for land at plots 3 and 5 Greenhill, Torbeg, Blackwaterfoot, Isle of Arran.

Page 17 The land in question is subject to Compulsory Purchase by North Ayrshire Council. A Certificate of Appropriate Alternative Development (CAAD) is a method of establishing the valuation of land in such cases and is, in effect, a hypothetical planning permission.

In this instance, the alternative development proposed by the applicant is residential development, to consist of 2 separate house plots, one lying to the north of the existing house 'Galena' and one to the south. The recommendation of the Assistant Chief Executive (Legal and Protective) is that, whilst Planning Permission for the extension of garden ground at this location would have been appropriate, residential development, for the reasons detailed in the report, would not.

The Committee agreed to issue a Certificate of Appropriate Alternative Development stating that planning permission for the extension of garden ground around the existing plots would have been granted for the land which is to be acquired, but would not have been granted for any further residential development.

14. Enforcement Notice: Land to East of "Sealladh a' Chluaidh", Kiscadale, , Isle of Arran

Submitted report by the Assistant Chief Executive (Legal and Protective) on the service of an Enforcement Notice for the removal of the access road and static residential caravan and the re-instatement of the land to its original condition.

In February 2005, complaints were received that an access road had been formed to give access onto the land in question and a static residential caravan had been placed on the site, both without planning permission.

In May 2005, a planning application by John Thomson Construction Ltd. was received for the erection of 2 detached dwellinghouses with associated garages, parking and driveways on the site. This was subsequently withdrawn and, in July 2005, an application was submitted for the erection of one dwellinghouse on the site as part of a larger development or 4 dwellinghouses.

The unauthorised access road and static caravan remain on the site and no application for necessary planning permission has been received.

The Committee agreed to approve the service of an Enforcement Notice to require the removal of the access road and static residential caravan at land to the east of Sealladh a' Chluaidh, Kiscadale, Whiting Bay, Isle of Arran and re-instatement of the land to its original condition.

The Meeting ended at 4.25 p.m.

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