Planning Committee 19 June 2006

IRVINE, 19 June 2006 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m.

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

In Attendance A. Fraser, Manager Legal Services and J. Miller, Chief Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); A. Wattie, Communications and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor D. Munn in the Chair. Apologies for Absence Stewart Dewar.

A. ITEMS REQUIRING APPROVAL BY COUNCIL

1. Naming of a Street within New Housing Development by Eglinton Homes at Bank Street, Irvine

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a street within a new housing development at Bank Street, Irvine.

The Committee agreed to name the street "Shawholm Gardens".

2. The North Ayrshire Council (Harbour Street, Herald Street, Dock Road, Ardrossan) (Stopping Up) Order 2006

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed confirmation, without modification, of the North Ayrshire Council (Harbour Street, Herald Street, Dock Road, Ardrossan) (Stopping Up) Order 2006.

Page 1 At its meeting on 7 April 2003, the Planning Sub Committee agreed to promote a Stopping Up Order to facilitate the development of a supermarket approved as part of outline planning permission for a mxed-use development at Ardrossan Harbour. Following extensive discussions between the developers, Railtrack and the Council's Roads Service, the Order was advertised in February 2006. Objections to the Order have now been withdrawn as a result of subsequent discussions with objectors.

The Committee agreed to confirm, without modification, the North Ayrshire Council (Harbour Street, Herald Street, Dock Road, Ardrossan) (Stopping Up) Order 2006.

3. Urgent Item: Alteration No. 1 to both North Ayrshire Local Plan (excluding the Isle of Arran) and the Isle of Arran Local Plan: Proposed Rural Development Policies

The Chair agreed that the following item of business be considered as a matter of urgency due to the timescales involved.

The Planning Services Manager reported on a recent determination by Scottish Ministers that there are likely to be significant environment effects arising from proposed Alteration No. 1 to the North Ayrshire Local Plan (excluding Isle of Arran) and the Isle of Arran Local Plan: Proposed Rural Policies.

At its meeting on 27 February 2006, the Committee received a report which advised that, although Scottish Natural Heritage did not consider that the proposed policies were likely to have significant environmental effects and, therefore, did not require Strategic Environmental Assessment (SEA), both the Scottish Environment Protection Agency (SEPA) and Historic Scotland were of the view that SEA was required. Given the lack of agreement between the Council and consultation bodies, the Committee agreed to recommend that the matter be referred to Scottish Ministers for determination, as appropriate under the Environment Assessment of Plans and Programmes (Scotland) Regulations, 2004.

The determination by Scottish Ministers that SEA is required, means that the Council should now take appropriate action in accordance with the Environmental Assessment (Scotland) Act, 2005, including publicity of the determination, scoping and preparation of an Environmental Report.

Noted.

Page 2 B. ITEMS DETERMINED UNDER DELEGATED POWERS

4. Arran Area

4.1 06/00494/PP: Whiting Bay: Silverburn Road: Sites to the South East and North West of Rentoul

John Thomson Construction Ltd., Lamlash, Isle of Arran, have applied for planning permission for an amendment to house type C on plot 4 of planning permission 05/00708/PP on sites to the south east and north west of Rentoul, Silverburn Road, Whiting Bay, Isle of Arran. An objection has been received from Bill Roberts, Sealladh a'Chluaidh, Whiting Bay, Isle of Arran.

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

1. That no development shall take place until the developer has acquired ownership or such other legal rights as entitle the developer to undertake all road widening works in accordance with the requirements of condition 2.

2. That, prior to commencement of the development hereby approved, the developer shall submit (a) copies of the developer's title or other legal documents proving the developer's entitlement to undertake all road widening works on Silverburn Road and (b) final design details of the road widening scheme on Silverburn Road, all for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the road widening scheme (together with the associated retaining structures) as may be approved, shall be completed to the satisfaction of North Ayrshire Council as Planning Authority prior to the commencement of building works on plots 1-4 inclusive.

3. That, prior to the commencement of development, details of the drainage/sewerage disposal scheme shall be submitted to, and agreed in writing with, the Planning Authority. Thereafter, any details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the commencement of the development, the developer shall submit for the written approval of North Ayrshire Council as Planning Authority full details and/or samples of the proposed external finishes to be used.

5. That development shall not begin until detailed plans, illustrating in cross-section form the existing and proposed ground levels, finished floor levels of the proposed house on plot 4 and the extent of any underbuilding proposals, have been submitted to, and agreed in writing by, North Ayrshire Council as Planning Authority.

Page 3 6. That the unauthorised access road serving the caravan within plot 4 of the development shall be modified to accord with the block plan hereby approved (drawing no. 2925: BP01 Rev B), prior to the occupation of the dwellinghouse on plot 4.

4.2 06/00046/PP: Shannochie: Bennan Smiddy

T. Beckitt, "Terbar", Middle Road, Whiting Bay, Isle of Arran, has applied for planning permission for the conversion and extension of a storage outbuilding to form an extension to the dwellinghouse at Bennan Smiddy, Shannochie, Isle of Arran.

Councillor D. Munn, seconded by Councillor J. Reid, moved that the Committee refuse the application on the ground contained within the report.

As an amendment, Councillor Currie, seconded by Councillor Rae, moved that the Committee grant the application subject to conditions.

On a division, there voted for the amendment 5 and for the motion 9 and the motion was declared carried.

Accordingly, the Committee agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policy ENV 1A (c) and the Development Control Statement of the Adopted Isle of Arran Local Plan, in that, by reason of its siting, design and external appearance, the proposed dormer would dominate and detract from the appearance of the existing building, which is located close to the A841, and would be detrimental to the visual amenity of the area.

4.3 06/00125/PP: Lamlash: Site to West and North of Fasgadh

Arran Developments Select Ltd., 2 India Buildings, 56 Bell Street, Dundee, have applied for planning permission for the erection of 3 detached dwellinghouses, the formation of associated roadways and car parking on a site to the west and north of Fasgadh, Lamlash, Isle of Arran. A representation has been received from Gerald and Anne Tattersfield, Westfield House and Liz Sloan of Westfield Cottage, both Lamlash, Isle of Arran.

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

Page 4 1. That the proposal would be contrary to the aims and objectives of the Development Control Statement of the Adopted Isle of Arran Local Plan, in that it would result in a backland development with inadequate standards of amenity for the proposed development and adversely affect the amenity of the surrounding residential properties to an unacceptable degree.

2. That, notwithstanding revisions, the access to the site from the A841 would be sub-standard. This would result in an unacceptable compromise in terms of the Council's "Guidelines for Development Roads", to the detriment of traffic and pedestrian safety.

3. That the proposed development would be contrary to the Council's "Policy on Access to Watercourses in New Development" which is Supplementary Guidance to adopted planning policy. This policy requires that new developments have adequate access to watercourses for maintenance purposes. This would not be possible in this instance due to the layout of the development, thereby creating additional difficulties for the occupants of the development in terms of erosion control.

5. Ardrossan/Saltcoats/Stevenston Area

5.1 06/00235/PP: Ardrossan: 30 Island View

Mr. and Mrs. MacDonald, 30 Island View, Ardrossan, have applied for retrospective planning permission for the erection of a conservatory to the rear of the end-terraced dwellinghouse at that address. An objection has been received from Brian McCann and Victoria Paterson, 32 Island View, Ardrossan.

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

5.2 05/01138/PP: Stevenston: 26 Hayocks Road

D. Martin, 26 Hayocks Road, Stevenston, has applied for retrospective planning permission for the formation of a driveway to the side of the flat at that address. An objection has been received from T. Smyth, 22 Hayocks Road, Stevenston.

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

Page 5 5.3 06/00401/PP: Saltcoats: 16-18 Dockhead Street

Ewan McLaughlin, c/o The Hip Flask, 13 Winton Street, Saltcoats, has applied for retrospective planning permission for the erection of a shelter and fencing to the rear of the public house at 16-18 Dockhead Street, Saltcoats. Objections have been received from W. McKnight, no. 13F, Mrs. A. Lafferty, no. 13C and Ms. J. Clarke, no. 8E, all Quay Street and The Residents, 1 The Braes, all Saltcoats.

The Planning Services Manager advised of a proposed minor amendment to condition 2 to stipulate the required removal of part of the beer garden enclosure.

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

1. That there shall be no consumption of alcoholic drinks or other beverages within the shelter hereby approved, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, within 3 months of the date of this consent, the part of the beer garden enclosure shall be removed, in accordance with the plans hereby approved. For the avoidance of doubt, the beer garden is not permitted.

5.4 06/00191/PP: Stevenston: 133A New Street

Alison Galloway, 133A New Street, Stevenston, has applied for retrospective planning permission for the erection of fencing and decking to the rear of the mid-terraced dwellinghouse at that address. An objection has been received from Ms. Alexandra Knox, 131B New Street, Stevenston.

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

1. That, within 3 months of the date of this consent, the fencing shall be reduced in height to that hereby approved, to the satisfaction of North Ayrshire Council as Planning Authority. Notwithstanding the details on the plans hereby approved, the rear boundary fence shall be no more than 1.4 metres high.

Page 6 5.5 05/00941/PP: Saltcoats: Burns Avenue: Dykesmains Farm: Phases 6 and 9

Stewart Milne Homes South, Kestrel House, Kilmartin Place, Tannochside Business Park, Uddingston, have applied for planning permission for the erection of 128 dwellinghouses and associated works at Phases 6 and 9, Dykesmains Farm, Burns Avenue, Saltcoats. Objections have been received from Mr. and Mrs. J. Stevenston, no. 4, Mrs. K. McMahon, no. 24 and Mrs. B. Bradie, no. 13, all Cumbrae Road, Saltcoats.

The Committee, having considered the terms of the objections, agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement or other agreement as may be deemed appropriate by the Council to provide a commuted sum in relation to the provision of a children's play area and a footbridge to connect to the public footpath network; and (b) the following conditions:-

1. That, prior to commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority (i) a Drainage Assessment in accordance with the SUDS Working Party Guidelines "Drainage Assessment, A Guide for Scotland"; (ii) proposed external finishes; and (iii) proposed walls and fences within the site.

2. That, notwithstanding the permission granted by Article 3 of and Classes 1 and 3 of Part 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 those dwellinghouses within Plots 35 to 48.

3. 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.

4. 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 7 5. 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 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.

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 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 implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The 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.

7. That, prior to the commencement of the development hereby approved, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for (i) the provision of additional traffic calming measures on Road 7 and at the junction of Roads 7 and 8; (ii) the provision of traffic calming measures, in the form of junction nibs and refuge/splitter islands on the main distributor road at the junction with area 6; (iii) the realignment of the proposed footpath between the turning heads at the end of Roads 3 and 5 to provide a more direct connection between both points; (iv) amended turning head designs for the end of Roads 3, 5 and 7 to accord with the Roads Development Guide; (v) the provision of pedestrian guard rails at the end of all footpaths where they connect with a roadway; and (vi) the provision of 7.5m access radii at the junction with the main distributor road.

Page 8 5.6 06/00514/PP: Saltcoats: Dalry Road: Sharphill Industrial Estate: Site at Robert Ryan Timber

Vodafone (UK) Limited, c/o Mono Consultants Limited, 48 St. Vincent Street, Glasgow, have applied for planning permission for the installation of 6 antennae and 2 transmission dishes on the existing telecommunication tower and the erection of 4 equipment cabinets within a 1.8m high palisade fenced compound on a site at Robert Ryan Timber, Sharphill Industrial Estate, Dalry Road, Saltcoats. An objection has been received from Clowes Developments (Scotland) Ltd., 9 Coats Crescent, Edinburgh.

The Committee, having considered the terms of the objection, agreed to grant the application subject to (a) no further representations being received by 23 June 2006; and (b) the following condition:-

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

6. Garnock Valley Area

06/00083/OPP: Kilbirnie: 2 Main Street

Mr. Meechan, 16 Fereneze Avenue, Renfrew, has applied for outline planning permission for a mixed residential and commercial development, including demolition, at 2 Main Street, Kilbirnie. An objection has been received from William Jolly, 1 Bridge Street, Kilbirnie.

The Planning Services Manager advised of a proposed amendment to condition 4 to include provision for car parking.

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

1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of, landscaping and means of access to the proposed development shall be obtained before the development is commenced.

2. That the design and external appearance of the building shall reflect its siting next to a Category C (S) listed building and as such shall have a traditional appearance and have natural slates to the roof.

3. That the principal outlook for the residential unit(s) shall be to Main Street.

Page 9 4. That the development hereby approved shall have a car park, service area and access from the rear.

5. That the use of a ground floor commercial unit shall be limited to uses specified in Use Classes 1 and 2 of the Town and Country Planning ( Use Classes) (Scotland) Order 1997.

6. That no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

7. That the presence of any significant contamination which becomes evident during the development of the site shall be brought to the attention of North Ayrshire Council as Planning Authority.

8. That before the development is commenced and notwithstanding the terms of Condition No. 1, the applicant shall submit for the approval in writing by North Ayrshire Council as Planning Authority, tests using sunlight and daylight indicators to demonstrate that there would be no significant increase to any overshadowing or loss of daylight to the adjacent property, arising from the proposed development.

7. Irvine/Kilwinning Area

7.1 06/00303/PP: Kilwinning: Station Plaza: Site to South of Unit 1

Rhiannon Properties Limited, County Place, Firtreehill, Chandlers Cross, Hertfordshire, have applied for planning permission for the erection of a Class One retail unit and associated car parking on a site to the south of Unit 1, Station Plaza, Kilwinning.

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

1. That the proposed development would not accord with criterion (a) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran), as its siting, design and external appearance would be detrimental to the visual appearance of the area.

2. That the proposed development would not accord with criterion (d) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran), as it would not meet the Council's Roads Development guidelines in terms of car parking provision, turning facility for service vehicles, car parking layout and visibility.

Page 10 7.2 06/00118/PP and 06/00174/LBC: Irvine: Girdle Toll: 5 Lochlibo Road: Tollhouse Cottage

Mr. and Mrs. McCready, 5 Lochlibo Road, Girdle Toll, Irvine, have applied for planning permission and listed building consent for the erection of an extension to the rear, and rendering of rear and side walls, of the detached dwellinghouse at that address.

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

1. That the proposed extension, because of its size and appearance, and the rendering of the existing walls of the listed building would be contrary to Policy BE5 and the criteria in the Development Control Statement of the Adopted Local Plan, in that both would have an adverse impact on the appearance and character of the existing listed building.

7.3 06/00291/PP: Irvine: Lawthorn: 5 Ardmore Court

Mr. and Mrs. Cameron, 5 Ardmore Court, Lawthorn, Irvine, have applied for planning permission for the formation of 3 dormers to the rear of the mid-terraced dwellinghouse at that address.

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

1. That the proposed extension would be contrary to the criteria listed in the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran), in that the dormers, because of their size, number and overall bulk, would be visually obtrusive and detrimental to the visual appearance of the building and the area in general.

7.4 06/00400/PP: Irvine: New Street: Riverway Retail Park

Prudential Property Investment Managers Ltd., c/o GVA Grimley LLP, Sutherland House, 149 St. Vincent Street, Glasgow, have applied for planning permission for a Section 42 application in respect of the non-compliance with Condition 4 of planning permission CH/01/88/0546/L to allow Class 1 convenience retailing in a single unit, having an area of 1393 square metres (15,000 sq ft), at Riverway Retail Park, New Street, Irvine. An objection has been received from Dixons Group Retail Properties, Maylands Avenue, Hemel Hempstead (owner of Currys in the retail park).

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

Page 11 1. That Condition 4 of outline planning permission CH/01/88/0546/L shall be substituted by a condition stating that "the proposed development shall be used for non-food retail businesses and for no other purpose, except to allow Class 1 convenience retailing in the single unit of 1393 square metres (15,000 sq. ft.) (Unit 1)".

7.5 06/00223/PP: Irvine: Dreghorn: 68A Townfoot

G.D. Spence and Son, 68A Townfoot, Dreghorn, have applied for planning permission for the redevelopment of the former Bus Depot and Joinery Yard to form a new residential development of 3 blocks of 4 flatted dwellinghouses at that address.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement or other agreement as may be deemed appropriate by the Council to provide a commuted sum to improve existing play facilities in the locality; and (b) 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 of the proposed external finishes.

2. That no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

Page 12 5. That a boundary fence and gate shall be provided along the site boundary with the area of open space and this boundary fence and gate and all boundary fences shown on the approved site layout plan, shall be erected prior to the occupation of any of the flatted dwellinghouses hereby approved and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

6. That, prior to the commencement of any demolition works, details of the method of demolition of the building(s) adjoining the play area shall be submitted for the approval in writing of North Ayrshire as Planning Authority and the resultant gap shall be fenced and retained during construction works to prevent any access to the site from the play area, to the satisfaction of North Ayrshire Council as Planning Authority.

7. 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.

8. 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 implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The 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.

Page 13 9. That, prior to the commencement of the development hereby approved, details of a street lighting scheme for the car parks and access roads shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority and, prior to the occupancy of any the flatted dwellinghouses hereby approved, the approved lighting scheme shall be installed and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

10. That, prior to the commencement of the development hereby approved, full details of the proposed nib junction shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority, which junction shall be operational prior to the occupation of any of the flatted dwellinghouses, hereby approved.

11. That visibility splays of 2.5 metres by 60 metres in both directions, shall be provided and maintained on land within the applicant's control, such that there is no obstruction to visibility above a height of 1.05 metre measured above the adjacent carriageway level, to the satisfaction of North Ayrshire Council as Planning Authority.

12. That the first 6 metres of the access, measured from the heel of the footway, shall be 5.5 metres wide, 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.

13. That the access radii shall be 6 metres.

14. That the roads and parking areas shall be completed to the satisfaction of North Ayrshire Council as Planning Authority, no later than one month from the completion of the last block of flatted dwellinghouses or no later than six months from the completion of the first block of flatted dwellinghouses, whichever is the earlier, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

7.6 06/00454/PP: Irvine: 70 Bank Street

Mr. and Mrs. Sharma, 70 Bank Street, Irvine, have applied for planning permission for the erection of a first floor extension to the mid-terraced dwellinghouse at that address. Objections have been received from Charles and Joanne Adrian, no. 72 and William Cowan, no. 75, both Bank Street, Irvine.

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

Page 14 7.7 06/00294/PP: Irvine: Site to North and North East of 144 High Street

Mr. Arcaro, 6 Academy Road, Irvine, has applied for planning permission for the erection of a licensed restaurant on a site to the north and north east of 144 High Street, Irvine.

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

1. That the proposed restaurant would be contrary to Policy BE1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would adversely affect the character and setting of the Irvine Town Centre Conservation Area and the existing open space and trees on the site.

2. That the proposed development would result in the loss of an existing car park which serves the existing residential and commercial properties located at Nos. 148 and 150 High Street, to the detriment of traffic safety in the area.

8. North Coast and Cumbraes Area

8.1 06/00404/OPP: Skelmorlie: 20 Eglinton Terrace: Site adjacent to Craigievar Cottage

Michael Young, Bank Cottage, Ardrossan Road, Seamill, West Kilbride, has applied for outline planning permission for the erection of a detached dwellinghouse on a site adjacent to Craigievar Cottage, 20 Eglinton Terrace, Skelmorlie. Representations have been received from M. McQueen no. 18B and W. Mackintosh, no. 18A, both Eglinton Gardens, Joy Gardener and Roger Sykes, 17 Montgomery Terrace and David Stewart, 17 The Crescent, all Skelmorlie.

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

1. That the proposed development would be contrary to Policy BE1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) as development which would have an adverse affect on the character of the Skelmorlie Conservation Area. The established building line would be altered by placing a house forward of Craigievar Cottage. In addition, the garden area is not sufficiently large for a house commensurate with the scale and openness of the other properties nearby.

2. That the proposed development would be contrary to the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), by reason of its siting forward of the building line, is not an acceptable form of development within this location and may be detrimental to the residential amenity of the neighbouring properties.

Page 15 8.2 06/00418/PP: West Kilbride: 76 Main Street

R. Singh, 95 Main Street, West Kilbride, has applied for planning permission for the erection of a storage shed to the rear of the shop at 76 Main Street, West Kilbride. A representation has been received from B. Wingfield, 12 River Street, Clementhorp, York, on behalf of Mrs. E. McAskill, the owner/occupier of the flat above the shop at 3 Manse Road, West Kilbride.

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

1. That the rear service lane providing access to the store shall not be used by customers of the applicant's shop for the purpose of uplifting goods or for any other purpose.

2. That, prior to the commencement of the development, the applicants shall submit details of proposals for the disposal of rain water from the storage shed, for the written approval of North Ayrshire Council as Planning Authority. The rain water disposal proposals which may be approved shall be implemented prior to the commencement of the use of the shed hereby approved.

8.3 06/00360/PP: Skelmorlie: Site to North of 29 The Lane

P.T. Phillips, 29 The Lane, Skelmorlie, have applied for planning permission for the erection of a detached dwellinghouse on a site to the north of that address. A representation has been received from Mr. and Mrs. I. Hodgkinson, 7C Seton Terrace, Skelmorlie.

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

1. That the proposed development would not accord with criteria (a) and (b) of the Development Control Statement of the North Ayrshire Council Local Plan (excluding Isle of Arran) as, by reason of its scale, siting, design and external appearance, the proposed dwellinghouse would result in the unnecessary loss of mature trees and detract from the visual amenity of the surrounding area and the setting of the donor property of 29 The Lane, Skelmorlie.

9. Irvine: Lawthorn: Lawthorn Road: Land at Lawthorn Farm Public House: Enforcement Notice

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed serving of an Enforcement Notice in relation to the unauthorised erection of a marquee at Lawthorn Farm Public House, Lawthorn Road, Irvine.

Page 16 On 30 May 2006, complaints were received regarding excessive noise and abusive language associated with the use of a marquee erected in the beer garden at the rear of the premises. The marquee allows for smoking and the consumption of alcohol outwith the public house itself.

The licensee was informed that planning permission was required for the marquee, but he intimated that he did not intend to remove it and would instead apply for retrospective permission. He has since been advised in writing that the Council would not support such an application.

The Committee agreed to approve the service of an Enforcement Notice to have the unauthorised marquee removed.

The Meeting ended at 3.35 p.m.

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