Planning Sub Committee of Corporate Services Committee 17 November 2003

IRVINE, 17 November 2003 - At a Meeting of the Planning Sub Committee of the Corporate Services Committee of North Ayrshire Council at 2.00 p.m.

Present David Munn, Tom Barr, Jack Carson, Gordon Clarkson, Drew Duncan, Jane Gorman, Elizabeth McLardy, Elisabethe Marshall, Robert Rae and Nan Wallace.

In Attendance A. Fraser, Manager, Legal Services and J. Miller, Chief Development Control Officer (Legal and Protective); and J. Bannatyne, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor Munn in the Chair. Apologies for Absence David O'Neill, Margie Currie and Anna Donn. 1. Arran Local Plan Area

1.1 N/03/00486/PP: Shiskine: Site to the West of Balmichael Farmhouse

Neil Currie, Birchburn, Shiskine, Isle of Arran, has applied for retrospective planning permission for the erection of a storage shed to store a helicopter and for general agricultural storage on a site to the west of Balmichael Farmhouse, Shiskine, Isle of Arran.

The Sub Committee agreed to grant the application subject to the following conditions:-

1. The planning permission hereby granted shall enure not for the benefit of the land to which it relates but for the benefit of the applicant only.

2. The use of the shed for the storage of the helicopter is for a temporary period until 30th April 2008 and on the discontinuance of this use, the shed shall be used solely for agricultural purposes.

1.2 N/03/00798/PP: Brodick: Alma Road: Brodick Bar

Iain and Jane McFadzean, Brodick Bar, Alma Road, Brodick, Isle of Arran, have applied for planning permission for an extension to the rear of a public house to form a kitchen and storage area at that address. An objection has been received from J.D. McVitie, La Ville Danne, Rue de Dinan, 22650 Ploubalay, France.

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

Page 1 the application.

2. Ardrossan, Saltcoats and Stevenston Local Plan Area

2.1 N/02/00678/PP: Stevenston: Old Quarry Road: Border Aggregates Ltd.

Border Aggregates Limited, Old Quarry Road, Stevenston, have applied for planning permission for the change of use from a small business park to a depot for the storage and distribution of minerals at that address. An objection has been received from Mrs. D. Webster, 150 New Street, Stevenston.

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

1. That the depot shall not operate outwith the hours of 7.00am to 7.00pm Mondays to Fridays or 9.00am to 5.00pm on Saturdays and Sundays.

Arising from the decision, the Local Member advised that heavy vehicles turning into Old Quarry Road from New Street to access the application site are failing to slow down at the junction. The objector to the application, Mrs. Webster, whose property is situated at the corner of the junction, has already sustained damage to her garden wall from these vehicles. Although bollards have been erected to protect the wall, Mrs. Webster remains concerned over the potential danger. The Local Member requested that further action be taken to regulate the speed of the heavy vehicles at the junction.

The Sub Committee further agreed that the Head of Roads be requested to investigate this matter and advise the Local Member accordingly.

2.2 N/03/00821/PP: Saltcoats: 67 Middlepart Crescent

Mr. J. Woods, 67 Middlepart Crescent Saltcoats, has applied for retrospective planning permission for the erection of a 1.1m high wall to the front and a 1.8m high boundary wall to the side and rear of the semi detached dwellinghouse at that address. An objection has been received from Mrs. Anne McKee, 65 Middlepart Crescent, Saltcoats.

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

1. That the wall height shall not exceed 1.05 metres above the carriageway level within the first 6 metres of the driveway.

2. That the wall shall be rendered to match the existing house.

3. Irvine/Kilwinning Local Plan Area

3.1 N/03/00580/PP: Irvine: 19 Ranken Crescent

Page 2 Mr. and Mrs. Muir, 19 Ranken Crescent, Irvine, have applied for planning permission for the erection of a conservatory to the rear of the dwellinghouse at that address. An objection has been received from James Gilfedder, 17 Ranken Crescent, Irvine.

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

3.2 N/03/00639/PP: Irvine: Stanecastle: 12 Glenlyon Grove

Mr. and Mrs. Livingstone, 12 Glenlyon Grove, Stanecastle, Irvine, have applied for planning permission for the erection of a two storey extension to the side of the house at that address. Two letters of objection have been received from Andrew Gormill and Mrs. Helen Gormill, 9 Glenlyon Grove, Irvine.

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

3.3 N/03/00764/PP: Irvine: 47 Woodlands Avenue

Mr. and Mrs. Taylor, 47 Woodlands Avenue, Irvine, have applied for planning permission for the erection of a front porch at that address.

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

1. That the proposed development would be contrary to Policy HOU 10 in the adopted Irvine and Kilwinning Local Plan, and to the Development Control Statement in the Finalised North Ayrshire Local Plan (excluding Isle of Arran), in that its design and external appearance would be out of character with the existing house and the surrounding area by reason of its size and form of construction.

3.4 N/03/00824/PP: Kilwinning: Benslie: Castleview

Mr. and Mrs. R. Neilson, Castleview, Benslie, Kilwinning, have applied for planning permission for the erection of a conservatory to the front of the detached dwellinghouse at that address.

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

1. That the proposed development would be contrary to Policy HOU10 of the Adopted Irvine and Kilwinning Local Plan and the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that by reason of its scale, siting, design and external appearance, the conservatory could detract from the appearance of the dwellinghouse and the amenity of the area.

4. North Coast and Cumbraes Local Plan Area

4.1 N/03/00424/PP: West Kilbride: Seamill: 15 Ardrossan Road

Kylewood Limited, 15 Ardrossan Road, Seamill, have applied for retrospective

Page 3 planning permission for the erection of two entrance canopies and a porch at that address.

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

1. That the applicant has failed to provide sufficient information to enable the application to be properly determined; and

(b) as the present works are detrimental to the visual amenity of the area, to commence enforcement proceedings to require (1) the entrance canopies to be removed, (2) the ground levels within the site to be returned to their original levels, and (3) the removal of the partly paved patio area.

4.2 N/03/00675/PP: West Kilbride: Seamill: 44C Ardrossan Road

Ms. J. Grant, Flat C, 44 Ardrossan Road, Seamill, has applied for planning permission for the erection of a first floor balcony to the lounge at the side of the flat at that address. Objections have been received from Mrs. A. Shields, Flat 44A, Miss Anne Shields, Flat 44A and Miss A. and J. Hannah, Flat 44D, all Ardrossan Road, Seamill.

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

1. The proposed development would be contrary to Policy HOU 8 of the adopted North Coast and Cumbraes Local Plan and the relevant criteria contained within the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran). The elevated nature of the balcony and its proximity to the adjoining boundary will result in an unacceptable overlooking situation with the neighbouring property at No. 42 Ardrossan Road and will be to the detriment of the amenity of the surrounding area. The balcony will restrict light to the lower flat.

4.3 N/03/00761/OPP: West Kilbride: 2 Cubrieshaw Drive

Mr. N. Birrell, 2 Cubrieshaw Drive, West Kilbride, has applied for outline planning permission for the erection of a one and a half storey dwellinghouse at that address. An objection has been received from Annette Sayers, 6 Cubrieshaw Drive, West Kilbride.

Page 4 The Sub 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 dwellinghouse hereby approved shall (i) be of one and a half storey construction, (ii) have no upper floor windows of habitable rooms within 9m of the rear boundary of the site, and (iii) be positioned a minimum of 1.5m from the boundary with no. 4 Cubrieshaw Drive.

3. That vehicular access to the site shall be provided with a footway crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

4. That visibility splays of 2.5m X 35m 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 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

4.4 N/03/00795/OPP: West Kilbride: Site to North of 36 Pantonville Road

Stuart Fyfe, 36 Pantonville Road, West Kilbride, has applied for outline planning permission for the erection of a dwellinghouse on a site to the north of that address. Objections have been received from Peter McGlone, 41 Caldwell Road, Derek Burns, 3 Carlung Place and Mrs. S. Douglas and Mrs. T. Montgomery, 12 Ardneil Avenue, all West Kilbride.

The Chair advised the Sub Committee that he had granted a request from the applicant, in terms of Standing Order 17, for permission to address the Sub Committee in support of his application. The 4 objectors to the application had also been invited to attend but were not present.

The applicant was heard in support of the application. The Chief Development Control Officer recommended that the application be refused on the following grounds:-

1. That the proposed development would be contrary to Policy HOU7 of the Adopted North Coast and Cumbraes Local Plan as it does not have an independent access and outlook and would be detrimental to the character and amenity of the surrounding area.

Page 5 2. The proposal fails to satisfy the criteria contained within the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) as it constitutes backland development, which would result in an unacceptable loss of privacy to neighbouring properties.

Councillor Barr, seconded by Councillor Duncan, moved to accept the recommendation to refuse the application on the grounds detailed.

As an amendment Councillor Carson, seconded by Councillor Rae, moved that the application be granted subject to appropriate conditions.

On a division there voted for the amendment 5 and for the motion 3 and the amendment was declared carried.

Accordingly the Sub Committee agreed to grant the application for outline planning permission 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 proposed dwellinghouse shall be single storey.

3. That prior to the occupation of the house, two car parking spaces and a separate turning area shall be provided within the site to the satisfaction of North Ayrshire Council as Planning Authority.

5. Wasteland Notice: Springside: 70 Overtoun Road

Submitted report by the Assistant Chief Executive (Legal and Protective) seeking approval for the service of a Wasteland Notice on a site at 70 Overtoun Road, Springside.

The site measures approximately 400 square metres and comprises a single storey detached house and surrounding land. The property, which is currently unoccupied, is in the ownership of Mr. and Mrs. Locke who are living in England at present. During the past two years numerous complaints have been received from local residents regarding vandalism to the property and the overgrown surrounding land.

The owners were advised in July 2002 through their Solicitor to make the house secure and tidy up the land but failed to comply. An application for outline planning permission (02/00595/OPP) for the demolition of the existing single storey dwellinghouse and the erection of 2 one and a half storey detached houses was granted on 6 December 2002 subject to conditions. Following a site visit by a Planning Inspector in October 2003, the owners were advised, to carry out the necessary repairs to make the house secure and to clear and tidy the surrounding land, but have again failed to comply. The owners confirmed that the property is for sale, but were advised that the approval of the Council would still be sought for the

Page 6 service of a Wasteland Notice.

The Sub Committee agreed to authorise the service of a Wasteland Notice requiring the owners of the property at 70 Overtoun Road, Springside to, within 28 days after the service of the Notice, (a) carry out repairs to make the house secure and clear the land of rubbish and debris, tidy it up and maintain it thereafter in a tidy condition; or (b) alternatively, demolish the property, clear the land of rubbish and debris, tidy it up and maintain it thereafter in a tidy condition.

6. Urgent Items

The Chair agreed that the following item of business be considered as a matter of urgency due to the timescale for the response.

7. Public Inquiry Procedures: Consultation

The Manager, Legal Services reported that a consultation paper entitled 'Public Inquiry Procedures' has been received from the Scottish Executive which requires an early response.

The Sub Committee agreed to authorise the Assistant Chief Executive (Legal and Protective), in consultation with the Chair, to respond to the consultation.

The Meeting ended at 3.15 p.m.

Page 7