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 Objections to the Order have now been withdrawn as a result of subsequent discussions with objectors.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