Planning and Regulatory Sub Committee 2 April 2001
IRVINE, 2 April 2001 - At a Meeting of the Planning and Regulatory Sub Committee of North Ayrshire Council at 10.00 a.m.
Present David Munn, Robert Reilly, Jack Carson, Elizabeth McLardy, David O'Neill, Robert Rae, John Reid and Richard Wilkinson.
In Attendance A. Fraser, Principal Legal Officer; D. Cartmell, Principal Development Control Officer; F. Murray, Solicitor (Licensing) (Legal and Regulatory); and M. McKeown, Policy/Administration Officer (Chief Executive's).
Chair Mr Munn in the Chair. Apologies for Absence Ian Clarkson, David Gallagher, Samuel Gooding and John Moffat. 1. Ardrossan/Saltcoats/Stevenston Local Plan Area N/00/00883/PP: Saltcoats: Kirkgate: Car Park adjacent to La Scala Cinema
Spook Erection Limited, 15 Queens Road, Evesham, Worcestershire, have applied for planning permission for a continuation of use of the land at the car park adjacent to the former La Scala Cinema, Kirkgate, Saltcoats, for an open air general retail market on Wednesday and Saturday of each week.
The Sub-Committee agreed to grant the application subject to the following conditions:-
1. That the use hereby permitted shall be discontinued and the land restored to its former condition on or before 3 April 2002.
2. The use of Kirkgate by vehicles serving the market shall be restricted to access/egress only and that loading and unloading in Kirkgate shall not be permitted.
3. That the applicant shall ensure that vehicles serving the market are not parked in adjacent streets and shall require them to be parked at suitable public car parks as may be specified by North Ayrshire Council as Planning Authority.
4. That no food or drink shall be displayed except from catering vehicles and from stalls which meet the standards specified by the Food Hygiene (Scotland) Regulations.
5. That stalls selling food shall (i) have a piped water supply of hot water; (ii) have suitable hand washing facilities; (iii) arrange to provide suitable drainage; and (iv) arrange for all foodstuffs to be stored in such a manner as to prevent contamination, all to the satisfaction of North Ayrshire Council as Planning Authority.
6. That the applicants shall arrange for (i) the hire and collection of a skip to contain all litter from the site, which skip shall be situated in or close by the site and shall be collected immediately after the market has closed; (ii) the site to be tidied after each day of operation; and (iii) the constant uplifting of litter from within the site during the hours of operation of the market all to the satisfaction of North Ayrshire Council as Planning Authority.
Page 1 7. That the site shall be used as a market on Saturdays and Wednesdays only unless North Ayrshire Council as Planning Authority gives written consent to any variation.
8. That all markets stalls and related apparatus shall remain within the curtilage of the application site and shall not encroach onto the adjacent public highway.
2. Irvine/Kilwinning Local Plan Area N/00/00838/PP: Irvine: 9 Portland Avenue
J & W Carpets, 1 Bonnyton Road, Kilmarnock, have applied for retrospective planning permission to site a storage container in the car park attached to a unit occupied by the Company at 9 Portland Road, Irvine. A representation has been received from W Spiers & Sons Ltd., Portland Avenue, Irvine.
The Sub-Committee, having considered the terms of the representation, agreed to grant the application, subject to the following conditions:-
1. That the storage container hereby permitted shall be removed and the land restored to its former condition on or before 30 April 2003.
2. That within two months of this permission the container shall be painted on all sides in a colour to be agreed with North Ayrshire Council as Planning Authority.
3. North Coast and Cumbraes Local Plan Area
3.1 N/00/00742/PP: Largs: Fairlie: Southannan Estate
R.D.K. Construction, 52a Hamilton Street, Saltcoats, have applied for planning permission to erect nine dwellinghouses at Southannan Estate, Fairlie, Largs, and to build an extension to the existing gate house to form a bedroom, shower room and conservatory. Letters of objection have been received from Alastair Miller, 13 Semple Crescent, Clydeport plc per McInally Associates Ltd, 1 Newton Place Mews, Glasgow, John Riddell, 8 Montgomerie Crescent, Mrs Allen, 9 Southannan Road, D C Green, 30 Castlepark Drive, Gabrielle Knoprian, 5 Fife Place, Patrick J Cronin, Glenburn, 8 Castlepark Villas, David MacDonald, Glaidstone Cottage, J G Tyler, 22 Montgomerie Drive, Ian and Nancy Wray, 2 Ferry Row, Mr A Massey, 3 Bay Street, D H Brain, 3 Montgomerie Drive, Elizabeth and Mike Sharland, 42 Castlepark Drive, Kenneth and Susan Howie, 12 Glen Road, John McCallum, 78 Ardrossan Road, Seamill, West Kilbride, H A Downie, 74 Main Road, Mrs Jessie Corcoran, 6 Castlepark Gardens, and Hugh McLean, 7 Montgomerie Avenue, all Fairlie unless otherwise stated. A letter from the applicant's agents Messrs Stuart Duncan Partnership, West Kilbride, in support of the application was tabled.
The Sub 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 policies HOU11, ENV2, ENV3, ENV4 and TRA3 in the adopted North Coast and Cumbraes Local Plan in that (i) it would represent residential development in the countryside for which no specific locational need has been demonstrated which would establish an undesirable precedent for other similar developments; (ii) it would be contrary to the Council's adopted Rural Design Guidance by reason of it's siting, design and external appearance; and (iii) it would represent development within the area reserved in the Local Plan for a future by-pass for Fairlie.
2. That the proposed development would be contrary to policies L3, G1, G3 and G5 of the approved Ayrshire Structure Plan in that (i) there is no identified need for additional housing land in the area; (ii) it would represent residential development outwith existing settlements for which no specific locational need has been demonstrated; and (iii) the proposals which involve substantial tree felling would have an adverse effect on the amenity and appearance of the area which is designated a Sensitive Landscape Character Area.
3. That the applicants have failed to submit an assessment of the character and extent of any archaeological remains within the site, as recommended by West of Scotland Archaeology Service, to enable the Council to determine the implications of the proposals for the archaeological remains.
Page 2 3.2 N/00/00748/PP: Largs: Fairlie: Main Road: Fairlie Bowling Club and Site to North: Erection of new bowling club and new garden/crafts centre:
R.D.K. Construction, 52a Hamilton Street, Saltcoats, have applied for planning permission for the erection of a new bowling club house and a garden/crafts centre at Main Road, Fairlie. Representations have been received from B A Warden, 1 Baillie Road, Mrs Moira McClure, 58 Kelburn Avenue, Mrs Sarah Langan, 11 Baillie Road, Fairlie Bowling Club, per Graham Hastie (President), 21 Keppenburn Avenue, Thomas W Hezseltine, 3 Baillie Road, Gabrielle Knapman, 5 Fife Place, D C Green, 30 Castlepark Drive, H A Downie, 74 Main Road, Joyce V Hancock, 61 Bay Street, and Hugh McLean, 7 Montgomerie Avenue, all Fairlie. A letter of representation from Sports Scotland was also tabled.
The Sub 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 Policies ENV2, ENV3, and ENV4 in the adopted North Coast and Cumbraes Local Plan in that (i) it would constitute development in the countryside for which no specific locational need has been demonstrated which would be detrimental to the amenity and appearance of the area (ii) the development is incapable of being adequately screened, (iii) it would establish an undesirable precedent for development within the countryside between Fairlie and Largs and (iv) it would be detrimental to the amenity of nearby residential property by reason of increased traffic generation, noise, disturbance, and loss of privacy.
2. That the proposed development would be contrary to Policies G1, G3, and G5 of the approved Ayrshire Structure Plan in that (i) it would represent development outwith existing settlements for which no specific locational need has been demonstrated and (ii) it would encroach into the countryside between Fairlie and Largs which would have an adverse effect on the amenity and appearance of the area which is designated as a Sensitive Landscape Character Area in the Plan.
4. Ardrossan: 1A Park Road: Use of Building and Yard for a Car Repairs Centre in Breach of Planning Conditions
Submitted report by the Assistant Chief Executive (Legal and Regulatory) seeking an Enforcement of Planning Conditions in respect of the premises at 1A Park Road, Ardrossan.
On 28 November 2000 the Executive and Ratification Committee of the Council approved the grant of planning permission to Connie Payne for the use of 1A Park Road, Ardrossan as a car repairs centre. The consent was for a one year period and was subject to the condition that (1) outwith the hours of 8am to 7pm Monday to Friday and 8am to 1pm on Saturday there should be no activities carried out within the site nor any vehicle movements to or from the site. This condition was imposed in order to protect the amenity of the predominantly residential neighbourhood.
Following the grant of planning permission complaints were received from neighbouring residents that Connie Payne and Douglas McNeil, trading as Connie's Cars, were operating the garage outwith the hours permitted by the planning permission. The complaints detailed noise and disturbance caused to neighbouring residents through their operations in the premises.
After appropriate investigations and following consultation with the Local Member and Sub Committee Chair, an action was raised at Kilmarnock Sheriff Court to interdict Messrs Payne and McNeil from operating outwith the permitted hours. This was called in Court on 27 December. At that time an undertaking was given by Messrs McNeil and Payne that they would comply with the terms of their planning consent. Subsequently the Council received repeated complaints that they were still operating outwith the permitted hours, on a near daily basis. Following several appearances in court, an interim interdict was granted on 21 February 2001 interdicting Connie Payne and Douglas McNeil from (a) using the premises outwith the hours of 8am to 7pm Monday to Saturday for the carrying out of work on vehicles and (b) from moving any vehicles to or from the premises outwith these hours, other than vehicles owned or operated by them. The interdict is now effective. The court action has now been sisted (frozen) pending determination of Connie Payne's appeal against the conditions imposed on her planning consent.
Page 3 The Sub Committee agreed (a) that the Assistant Chief Executive (Legal and Regulatory) raise breach of interdict proceedings in the event that any breach of interdict causes noise or disturbance to the neighbourhood; and (b) that a Breach of Condition Notice be served on Messrs Payne, McNeil, Connie's Cars and the site owner.
5. Largs: Gogoburn: Footpath Diversion Order
Submitted report by the Assistant Chief Executive (Legal and Regulatory) seeking confirmation of the North Ayrshire Council (Gogoburn, Largs) Footpath Diversion Order 2001.
The draft Order was advertised and made available for inspection at Largs Library. No objections were received.
The Sub Committee agreed (a) to confirm the Footpath Diversion Order; and (b) that the confirmation be publicised under the Town and Country Planning (Scotland) Act 1997.
6. Exclusion of Public The Sub Committee resolved, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude from the Meeting the press and the public for the following item of business on the grounds indicated in terms of Paragraphs 6, 13 and 14 of Schedule 7A of the Act.
7. Civic Government (Scotland) Act 1982: Application for Licences Submitted report by the Assistant Chief Executive (Legal and Regulatory) on applications for the grant or renewal of licences under the Civic Government (Scotland) Act 1982.
The Sub Committee agreed to dispose of the applications as indicated in Appendix P&R1.
The meeting ended at 10.30 a.m.
Page 4 Planning and Regulatory Sub Committee 02/04/2001
Appendix No P&R1
Civic Government (Scotland) Act 1982: Applications for Licences
PART A: Applications for Licences under the Civic Government (Scotland) Act 1982
Type of Licence/Ref No Applicant Decision
1 TDL/336 (N) Stephen D Greer Agreed to grant.
2 TDL/402 (N) William Logan Agreed to grant
3 SHDL/017 Peter Rennie Agreed to grant
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