Planning Committee 28 August 2007

IRVINE, 28 August 2007 - At a Meeting of the Planning Committee of North Council at 2.00 p.m.

Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, John Ferguson, Ronnie McNicol, Pat McPhee, John Moffat, David Munn, Ryan Oldfather and Robert Rae.

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

Chair Councillor McLardy in the Chair. Apologies for Absence Ian Clarkson. ITEMS DETERMINED UNDER DELEGATED POWERS

1.

07/00583/PP: : Marine House Hotel

Ossian Construction Ltd., 1 Road, Paisley, have applied for planning permission for the partial demolition of the existing hotel, conversion of the remaining building into 2 apartments, the erection of 8 new apartments and associated parking and landscaping at the Marine House Hotel, Lamlash, Isle of Arran. A representation has been received from D. W. Deas, 3 Craig Gardens, Newton Mearns.

The Planning Services Manager advised of the content of a further letter of representation, from Allan Colquhoun, Marine House Bungalow, Lamlash, Isle of Arran, and responded to the issues raised.

The Committee, having considered the terms of the representations, agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement or other suitable arrangement deemed appropriate by the Council to provide a commuted sum for the provision or upgrading of play facilities in the locality; and (b) the following conditions:-

Page 1 1. That, prior to the commencement of the development, the developers shall submit for the written approval of Council as Planning Authority full design details and, where appropriate, samples of the proposed external finishes to be used in the development, including the external paving, car parking surfaces, boundary treatment and bin stores.

2. 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 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 implemented prior to the completion of the development and maintained 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 in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development hereby approved, full details of the proposed landscaping scheme shown on the approved site plan, which shall include details of species, planting densities, soil treatment, aftercare and future maintenance/management, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the scheme as may be approved shall be undertaken to the satisfaction of North Ayrshire Council as Planning Authority within the next planting season following the completion or occupation of the development, whichever is the sooner.

Note: For the avoidance of doubt, "occupation" shall be taken to mean at least one flat within the development.

4. That the developer shall provide a 2 metre wide public footway along the frontage of the site as illustrated on the approved site plan in accordance with the North Ayrshire Council Roads Guidelines and to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of any the flats.

Page 2 5. That the radii of the junction with Clauchlands Road shall be 6 metres, and in addition, the first 6 metres of the access, as measured from the junction with the public road carriageway, 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.

2. //

07/00580/PP: Ardrossan: Site to South West of 8 Harbour Street

George Wimpey West Scotland Limited, Unit C, Cirrus Building, Marchburn Drive, Paisley, have applied for planning permission for the erection of a residential development, comprising 31 terraced houses and 42 dwellingflats, with formation of a new access road on a site to the south west of 8 Harbour Street, Ardrossan.

The Planning Services Manager advised of a proposed minor amendment to condition 4, in respect of parking provision within the site.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement or other suitable arrangement deemed appropriate by the Council, to provide a commuted sum for the provision or upgrading of 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 full details of the proposed external finishes.

2. 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 Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which 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 in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

Page 3 3. That, prior to the commencement of the development hereby approved, the applicants shall undertake a desk study of the application site, (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment as advocated by PAN 33 and BS10175: 2001.

Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to North Ayrshire Council as Planning Authority. Any required remediation measures shall be undertaken, prior to the commencement of the development to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter, the presence of any significant unsuspected contamination, which becomes evident during the development of the site, shall be reported to North Ayrshire Council and treated in accordance with an agreed remediation scheme.

4. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority drawings indicating (i) the distribution of allocated parking spaces throughout the site and (ii) the design of the proposed bin stores, together with a proposed timescale for the implementation of both.

5. That the proposed footways at the site access junction shall be extended in both directions to tie into the existing footways on Princes Street and Montgomerie Street and shall be completed to the satisfaction of North Ayrshire Council prior to the occupation of any of the dwellings hereby approved.

6. That the site access junction radii shall be 7.5 metres.

7. That the proposed pedestrian crossing on the site access road is not approved and shall be deleted from the proposed development.

8. That no generators shall operate on the site between the hours of 23.00 in any day and 07.00 the following day, unless North Ayrshire Council as Planning Authority gives written consent for any variation.

9. That, prior to the commencement of the development hereby approved, the applicants shall submit further details of the proposed floor levels to demonstrate that there would be adequate flood protection to the proposed dwellings. Such details shall be approved in writing by North Ayrshire Council as Planning Authority in consultation with the Roads Authority, prior to the commencement of the development.

Page 4 10. 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.

11. 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.

12. 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 in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

13. That, prior to the occupation of any flats or dwellinghouses the approved walls/fences enclosing those flats/dwellinghouses shall be constructed to the satisfaction of North Ayrshire Council as Planning Authority

14. That, prior to the commencement of the development, the applicant shall submit details, for the approval in writing of North Ayrshire Council as Planning Authority, of a proposed scheme of hard and soft landscaping for the areas cross hatched and outlined in green on the approved site layout plan (ref. no. PL-03 Rev. A), and details of the future maintenance of the areas.

Page 5 3.

3.1 07/00602/PP: Dalry: Drakemyre: Site to North of Dalry Motor Company

ALBA Executive Sales, Unit 4, Ryeside Mills, Drakemyre, Dalry, have applied for planning permission for a proposed change of use of vacant land to form an external car display area on a site to the north of Dalry Motor Company, Drakemyre, Dalry. Objections have been received from Anthony G. Burgoyne and Christine Anne Burgoyne, Nethermeadow House and Brian O'Neill, no. 40C, both Drakemyre, Dalry.

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

1. That the first 15m of the shared access road (between Drakemyre and the bridge) shall be 5.5m wide and 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.

2. That visibility splays of 4.5m x 90m in both directions shall be provided and maintained at the junction with the public road such that there is no obstruction to visibility above a height of 1.05 to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the car display area hereby approved shall be used for purposes of the display of vehicles and for no other purpose.

4. 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.

5. That, prior to the commencement of the use hereby approved, details of the access to the external display area, customer car parking and the layout of the external car display area shall be submitted for the written approval of North Ayrshire Council as Planning Authority.

6. That, prior to the commencement of the use hereby approved, the customer car parking approved under condition 5 shall be formed and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

3.2 07/00561/PP: : 33-35 Main Street

Steven Crawford, 48 Central Avenue, Kilbirnie, has applied for planning permission for the conversion of a former shop to 2 dwellingflats at 33-35 Main Street, Kilbirnie. Objections have been received from Irvin Clifford, 26 Hagthorn Avenue and B. and V. Hood, 31 Main Street, both Kilbirnie.

Page 6 The Committee, having considered the terms of the objections, agreed to grant the application subject to the following condition:-

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 or samples of the proposed external finishes.

3.3 07/00269/PP: : Site to South East of Gamekeeper's Cottage

Mr. and Mrs. T. Andrew, 8 Bonnet Court, Stewarton, have applied for planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the south east of the Gamekeeper's Cottage, Beith.

The Committee agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit the occupation of the dwellinghouse to a person employed in agriculture at Gatehead Farm, Beith or a dependent of such person; and (b) the following conditions:-

1. That the first 5 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.

2. That vehicular access to the site shall be provided with a verge crossing to be formed as detailed in sections 5.2 and 10.8 (and Fig. 10.16) of the Roads Development Guidelines.

3. That, prior to the commencement of development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority, samples or exact details of the proposed roof and external wall finishes.

4. That all drainage arrangements shall be to the satisfaction of SEPA and the septic tank and soakaway shall be designed and constructed in accordance with the current code of practice BS6297:1983.

3.4 06/00874/PP: Beith: Site to North of Landfill Site at Knowes Farm

JEM Estates, Strandhead, The Strand, Beith, have applied for planning permission for the modification of Condition 1 of Planning Permission N/01/98/0195 to extend to August 2011 the period for completion of land improvements on a site to the north of the landfill site at Knowes Farm, Beith.

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

Page 7 1. That the proposed development would be contrary to Policy ENV1 of the North Ayrshire Local Plan (excluding Isle of Arran) and that it would, together with the existing landfill operations at Knowes Farm, result in a substantial area of countryside being simultaneously disturbed at a highly visible location adjacent to the Glasgow- railway line, which would be detrimental to the amenity and character of the countryside area in which the site is located.

4. Irvine/

4.1 07/00646/PP: Irvine: 106 Montgomery Street

G. Chong, 1 West Road, Irvine, has applied for planning permission for a proposed change of use from a printing office to form a cafe, licensed restaurant and hot food takeaway at 106 Montgomery Street, Irvine. A petition of objection, containing 22 signatures, has been received from Mr Sui Li, 100/102 Montgomerie Street, Irvine.

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

1. That the hours of operation for the restaurant/cafe shall be between the hours of 0900 hours and 2200 hours and no sales of carryout hot food shall take place after 2200 hours on any day, unless otherwise agreed in writing with North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the use of the premises as a café, licensed restaurant and hotfood takeaway, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of a suitable ventilation system for the extraction of cooking odours. Thereafter, any such details which may be approved shall be implemented and maintained to the satisfaction of North Ayrshire Council as Planning Authority.

4.2 07/00240/PP: Irvine: : 4 Blairdenon Way

Audrey Boyd, 4 Blairdenon Way, Bourtreehill, Irvine, has applied for retrospective planning permission for a change of use from open space to form garden ground and the erection of a 1.8m fence at that address. An objection has been received from I. Pritchard, 5 Blairdenon Way, Irvine.

The Committee, having considered the terms of the objection, agreed to (a) refuse the application on the following ground:-

1. That the proposal would be contrary to criteria 1 and 3(b) of Policy OS1 and the Development Control Statement contained within the North Ayrshire Local Plan (Excluding Isle of Arran), in that it would set an undesirable precedent for incremental loss of open space which would have a detrimental impact on the character and visual appearance of the surrounding area.

Page 8 and (b) serve an Enforcement Notice to secure the removal of the unauthorised fence and gates and to relocate in original position.

4.3 07/00601/PP: Irvine: : 26 Lewis Wynd

Mr. Melbourne, 26 Lewis Wynd, Broomlands, Irvine, has applied for planning permission for the erection of a conservatory 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 conservatory would not accord with criteria (a) and (b) of the Development Control Statement of the North Ayrshire Local Plan (Excluding Isle of Arran), as the proposed development would constitute overdevelopment of the site, to the detriment of residential amenity.

4.4 07/00294/LBC: Irvine: 23 Quarry Road

A. Watson, 23 Quarry Road, Irvine, has applied for Listed Building Consent for the replacement of windows to the front and side of the detached dwellinghouse at that address.

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

1. That the proposed PVC replacement windows would be contrary to Policy BE5 in the Adopted North Ayrshire Local Plan (excluding Isle Of Arran) as, due to their appearance and style, the proposed windows would detract from the historical appearance and character of the Category C(S) listed building and would not restore the original architectural integrity of the building.

4.5 07/00494/PP: Irvine: 12 Heatherhouse Road

Whiteline Investments, Marlin House, 12 Heatherhouse Road, Irvine, have applied for planning permission for the erection of 5 single-storey linked business starter units with associated car parking and a 1.8m high fence at that address. An objection has been received from G. Bettaney, 7 Third Avenue, Irvine.

The Planning Services Manager advised of the proposed inclusion of a further condition, in respect of ground and floor levels.

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

Page 9 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 the uses operating from the units hereby permitted shall only operate between the hours of 8.00am and 8.00pm on weekdays, 9.00am and 5.00pm on Saturdays and not at all on Sundays to the satisfaction of North Ayrshire Council as Planning Authority.

3. That no process shall be carried out from outwith the units which would detract from the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

4. That the presence of any significant unsuspected contamination that 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.

5. 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.

6. That the applicant shall form a footway crossing to North Ayrshire Council Roads Guidelines and designed in such a way that no surface water shall issue from the access onto the carriageway to the satisfaction of North Ayrshire Council as Planning Authority.

7. That existing footway shall be resurfaced along the frontage of the site prior to the occupation of workshop units and to the satisfaction of North Ayrshire Council as Planning Authority.

8. 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 finishes of the car parks, as indicated within Drawing No. 5000/2 Rev.A, including the area marked "future car park extension 1".

Page 10 9. That, prior to the completion of the workshop units hereby permitted, the parking provision, as indicated within Drawing No. 5000/2 Rev.A, including area marked "future car park extension 1", identified within the grounds of Marlin House, shall be constructed in accordance with the approved plans.

10. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority, details of the existing ground levels and proposed finished floor levels.

4.6 07/00612/PP: Kilwinning: 4 Dalmahoy Way

Nuala Burns, 4 Dalmahoy Way, Kilwinning, has applied for planning permission for the erection of a 2-storey extension to the side of the semi-detached dwellinghouse at that address. Objections have been received from D. Campbell, no. 16, Christine Young, no. 18 and William Jaffrey, no. 12, all Dalmahoy Way, Kilwinning.

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 or samples of the proposed external finishes.

2. That the applicant shall form a footway crossing across the full width of the front garden area to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the occupation of the extension hereby approved, a minimum parking provision of 3 spaces, as indicated on the approved plans, shall be provided within the curtilage of the site and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the front garden area of the application site 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.

5. That, prior to the commencement of the development hereby approved, the applicant shall submit details of the proposed refuse collection point for the written approval of North Ayrshire Council as Planning Authority.

4.7 07/00373/OPP: Kilwinning: Site to South West of 2 Northacre

Mr. and Mrs. McGibney, 2 Northacre, Kilwinning, have applied for outline planning permission for the erection of a detached dwellinghouse on a site to the south west of that address. An objection has been received from Frank and Elizabeth Anderson, 5 Calderwood, Kilwinning.

Page 11 The Committee, having considered the terms of the objection, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to criteria a) and b) of the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that a house sited on the plot would be out of character with the existing houses because of the plot's shape and narrow width, and would result in the loss of trees and landscaping, designed as part of the original development to the detriment of the residential amenity and landscaped setting of the area.

4.8 07/00072/PP: Irvine: Oldhall West Industrial Estate: Murdoch Place: Site to South East of Pet Crematorium

Biogen Power Ltd., Enterprise House, Peel Park Business Park, Peel Road, Westby, have applied for planning permission for the erection of a gasification building with associated plants on a site to the south east of the Pet Crematorium, Murdoch Place, Oldhall West Industrial Estate, Irvine.

A site familiarisation visit was undertaken by the Planning Committee in respect of this application.

The Committee agreed to refer the application to Scottish Ministers in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2007 and to grant the application subject to (a) the applicants entering into a Section 75 Agreement to ensure that 90% of waste arisings are from North Ayrshire and (b) the following conditions, unless the Scottish Ministers issue a direction in response to the referral:-

1. That, in addition to the primary function of the plant to provide energy from waste to the national grid, it shall be designed and constructed to enable the export of both heat and electricity to other users, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That no development shall commence on site until satisfactory details (via a Heat Plan) of the potential use for heat recovered from the plant (including location of users; percentage of heat to be recovered; possible timetable of works and indication of route of pipework) and implementation have been submitted to and approved by North Ayrshire Council as Planning Authority in consultation with SEPA.

3. That, prior to the commencement of the development hereby approved, full details of the proposals to recover and re-use ash residues (including details of the percentage of ash created) shall be submitted to and approved by North Ayrshire Council as Planning Authority in consultation with SEPA. Thereafter, any works or developments required to implement the approved details shall be undertaken in accordance with the approved scheme prior to operation of the plant hereby approved.

Page 12 4. That, prior to the commencement of the development hereby approved, details of the arrangements for the storage of firewater (including plans of the location and size of the facility) shall be submitted to and approved by North Ayrshire Council as Planning Authority in consultation with SEPA and, thereafter, implemented in accordance with the approved details prior to operation of the plant hereby approved.

5. That only residual waste shall be incinerated in the Energy from Waste Plant, i.e. waste where all reasonable efforts have been made to extract compostible and recyclable materials.

6. That, prior to the commencement of the development hereby approved, topographical information in relation to the site level and overspill of the culvert, and confirmation of the impact of blockage at Shewalton Bridge, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority in consultation with SEPA.

7. That oil or fuel tanks shall be contained within watertight bunds with oil traps, to the satisfaction of North Ayrshire Council as Planning Authority.

8. That, at any noise sensitive location where the existing ambient Laeq(2300-0700 hours) (as shown in Table 8.8 on page 88 of the Environmental Statement dated January 2007 by Entec UK Limited) is less than 45 dB(A), the predicted noise level generated by the proposed development shall not increase the ambient level above 45 dB(A) and, where the existing ambient Laeq(2300-0700 hours) is more than 45 dB(A), the predicted noise level generated by the proposed development shall not exceed the existing ambient Laeq(2300-0700 hours), to the satisfaction of North Ayrshire Council as Planning Authority.

9. That, prior to the commencement of the development hereby approved, the applicants shall undertake a desk study of the application site (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and suitable quantitative risk assessment. All investigations shall be carried out in accordance with PAN 33 and BS10175:2001 and documentation verified by a suitably qualified Environmental Consultant. Results shall be submitted to Environmental Health and remediation proposals shall be presented in relation to any significant findings for the written approval of North Ayrshire Council as Planning Authority, and shall be implemented thereafter.

10. That, prior to the commencement of the development hereby approved, details of measures to be taken to minimise the emission of dust from the site shall be agreed in writing with North Ayrshire Council as Planning Authority and implemented thereafter.

Page 13 11. That details of adequate wheel washing facilities shall be submitted for the written approval of North Ayrshire Council as Planning Authority and implemented thereafter, and that wheel washing shall be carried out and open vehicles carrying materials shall be sheeted before leaving the site, to ensure that vehicles leaving the site shall not deposit deleterious material on public roads.

12. 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 Manual", published in March 2007, 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 to the satisfaction of North Ayrshire Council as Planning Authority.

13. That, prior to the commencement of the development hereby approved, details of external lighting at the site, which shall be 'bat-friendly', shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

14. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.

15. 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, with particular reference to screen planting and/or mounding along the boundary with the adjacent nature reserve, 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.

16. 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 14 5. North Coast and Cumbraes

5.1 07/00441/PP: : Brisbane Glen Road: Constablewood Estate

Mr. and Mrs. Scott K. Farquhar, 10 Haylie Neuk, Largs, have applied for planning permission for the temporary siting of a mobile home, the erection of a farmhouse for an agricultural worker and the erection of a stable block at Constablewood Estate, Brisbane Glen Road, Largs.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement to limit the occupation of the dwellinghouse to a person employed in agriculture at Constablewood Estate, Largs, or a dependent of such a person; and (b) the following conditions:-

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

2. That the roof and side walls of the dormers shall be clad in tile to match the roof finish of the dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That no development shall take place within the development site as outlined in red on the approved plan, until the developers have secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicants, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeological Service.

4. 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.

Page 15 5. 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.

6. That all drainage arrangements shall be to the satisfaction of SEPA and the septic tank and soakaway shall be designed and constructed in accordance with "The Scottish Building Standards Technical Handbook: Domestic" issued in May 2005. Surface water shall be excluded from the septic tank.

7. That the septic tank shall be sited in such a position as to allow it to be emptied by road tanker.

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 Manual 2007" 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.

9. That, within one month of occupation of the dwellinghouse or by the 31st December 2009, whichever date is the earlier, the temporary siting of the mobile home shall discontinue, the mobile home removed and the site restored to the satisfaction of North Ayrshire Council as Planning Authority.

5.2 07/00497/PP: : 21 Shore Road: Miramar: Flat 7

Mr. and Mrs. McGraw, Flat 7, Miramar, 21 Shore Road, Skelmorlie, have applied for retrospective planning permission for the erection of a porch to the front of the dwellingflat at that address. Objections have been received from Catherine Stevenson, Flat 1, Mohamed Adnan Chaudry, Flat 3, Eileen and Ronald Cassidy, Flat 4, all no. 21, and Maureen and Thomas Mangan, The Winton, all Shore Road, Skelmorlie.

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

Page 16 5.3 07/00433/PP: Millport: 7 Bute Terrace

C. Hanlon, 18 Bowmore Crescent, Thorntonhall, Glasgow, has applied for planning permission for the erection of a detached dwellinghouse at 7 Bute Terrace, Millport, Isle of Cumbrae. Objections have been received from A. Gordon, no. 5A and Douglas Kerr, no. 11B, both Bute Terrace, Millport.

The Planning Services Manager advised that Cumbrae Parish Church has now been added by Historic Scotland to the list of Listed Buildings - Category C(S). He further advised that an application for Conservation Area Consent has now been registered in respect of the demolition of the existing dwellinghouse.

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

1. That the proposed dwellinghouse would be contrary to Policy BE1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would, by reason of its scale, siting, design and external appearance, detract from the character and appearance of Millport Conservation Area and the setting of its buildings.

2. That the proposed development would be contrary to the Development Control Statement of the North Ayrshire Local (excluding Isle of Arran), in that, by reason of the scale, siting, design and external appearance of the dwellinghouse, it would (i) represent backland development which would be contrary to the proper planning of the area; (ii) detract from the amenity of neighbouring residential properties and the development site to the north; and (iii) add to congestion on nearby streets due to the lack of a vehicular access and parking facility.

5.4 07/00550/PP: Skelmorlie: Eglinton Terrace: Site to North of Seacroft

Grenville Ltd., 21 Luss Avenue, Greenock, have applied for planning permission for the erection of a detached dwellinghouse and detached garage, including the demolition of the existing building, on a site to the north of Seacroft, Eglinton Terrace, Skelmorlie. A representation has been received from A. Evan Williams, Seacroft, Eglinton Terrace, Skelmorlie.

The Planning Services Manager recommended that consideration of this application be continued pending completion by the applicants of appropriate neighbour notification.

The Committee agreed to continue consideration of the application to a future meeting.

Page 17 6. Stevenston: Development Brief for the former Kerelaw School Site: Outcome of Public Consultation

Submitted report by the Assistant Chief Executive (Legal and Protective) on the outcome of the public consultation on the Development Brief for the former Kerelaw School site, Stevenston.

At its meeting on 20 June 2007, the Committee approved a Development Brief for the former Kerelaw School site, Stevenston, for public consultation. Copies of the Development Brief and response forms were made available at House, House and local libraries and were also available on the Council's website. 4 responses, as set out in Appendix 1 to the report, were received.

It is proposed that the Development Brief be amended in response to one of the consultation responses, to ensure that access for parking is maintained for the existing dwelling at the northern vehicular entrance from Kerelaw Road. The Development Brief, as amended, and accompanying plan, were set out in Appendices 2 and 3 to the report.

The Committee agreed to approve (a) the proposed responses as detailed in Appendix 1 to the report; and (b) the Development Brief for the Former Kerelaw School Site, Stevenston, as amended, as Supplementary Guidance to the North Ayrshire Local Plan (excluding the Isle of Arran).

7. Provisional Tree Preservation Order: Skelmorlie: Shore Road: Site of Former Beach House Nursing Home

Submitted report by Assistant Chief Executive (Legal and Protective) on the proposed service of a provisional Tree Preservation Order in the grounds of the former Beach House Nursing Home Skelmorlie.

A planning application for residential development has been received, which proposes the removal of several mature trees in order to accommodate a development of over 50 flats and 4 detached residential units in the grounds of the former Beach House Nursing Home in Skelmorlie.

The site in question is located within Skelmorlie Conservation Area and, as such, its trees are currently protected. However, if the Planning Authority is given written notification of an applicant's intention to remove a tree within a Conservation Area and does not respond through the service of a Tree Preservation Order, the tree may be felled. It could be argued that the plan submitted as part of the current planning application for the site constitutes such notification. Therefore, in the interests of the amenity of the area, it is considered prudent to protect the trees against any potential felling.

Page 18 The Committee agreed to the serving of a Provisional Tree Preservation Order, in terms of Section 163 of the Town & Country Planning (Scotland) Act 1997, on all trees within the boundary outlined in the appendix to the report.

The Meeting ended at 3.55 p.m.

Page 19