Planning and Regulatory Sub Committee 9 October 2000

Irvine, 9 October 2000 - At a Meeting of the Planning and Regulatory Sub-Committee of Council at 10.00 a.m.

Present David Munn, Samuel Gooding, Robert Reilly, Jack Carson, Alan Hill, Elizabeth McLardy, John Moffat, David O'Neill, Robert Rae and John Sillars.

In Attendance I.T. Mackay, Assistant Chief Executive, J. Kerr, Principal Licensing and District Court Officer, D. Cartmell, Principal Development Control Officer and M. McCann, Administration Assistant, (Legal and Regulatory); and J. Bannatyne, Policy/Administration Officer (Chief Executive's).

Chair Mr. Munn in the Chair. Apologies for Absence Ian Clarkson and John Reid.

1. Arran Local Plan Area Submit reports on the following applications:-

(a) N/00/00496/PP & N/00/00497/LBC: : Clock Tower

Mr and Mrs T Leggett, Woodside, Sutton Road, Campsall, Doncaster have applied for planning permission for an extension to a dwellinghouse to form two bedrooms at the Clock Tower, Lamlash. Objections have been received from D. Hutchison, Sea Gate, Dr. R A Buchanan, Undercliffe, W. Shaw, Gateside, Mr & Mrs P H Albrich, Carraig Mhor, Mrs M Davidson, Rock Cottage, Cordon and R & H Walker, Inchlonaigh all of Lamlash, Dr. M Kerr, 3 Auchrannie Road, , B & Mrs R England, Sonaburn, Sannox and the Arran Civic Trust per John Roberts, Secretary, 3 Glen Place, Brodick.

The Sub-Committee, having considered the terms of the objections, agreed:-

(a) to grant the planning application subject to the following condition:-

That the external walls shall be finished in natural red sandstone and the windows shall be painted timber sash and case, to the satisfaction of North Ayrshire Council as planning authority; and

(b) subject to Section 12 of the Planning (Listed Buildings and Conservation Areas)() Act 1997 to grant Listed Building Consent on the following condition:-

That the external walls shall be finished in natural red sandstone and the windows shall be painted timber sash and case, to the satisfaction of North Ayrshire Council as planning authority.

(b) N/00/00525/PP: Shannochie: Knockandon

T C Campbell, 12 Stonefield Crescent, Thornly Park, Paisley has applied for planning permission for the restoration of ruined farmhouse and outbuilding to form a dwellinghouse and

Page 1 garage/workshop at Knockandon, Shannochie, .

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

(1) That the existing walls of the farmhouse shall be retained up to lintol level, to the satisfaction of North Ayrshire Council as planning authority.

(2) That prior to the occupation of the dwellinghouse it shall be connected to the public water supply.

(3) That effluent disposal arrangements shall comply with the current code of practice BS6297:1983, with septic tank effluent disposed of to a sub-soil soakaway system, subject to satisfactory percolation testing and with surface water excluded from the septic tank to the satisfaction of North Ayrshire Council as planning authority.

2. Irvine/ Local Plan Area N/00/00300/PP: Kilwinning: 55 Irvine Road

A. Arcaro, 39 Wilson Avenue, Irvine has applied for planning permission for the erection of 2 semi-detached bungalows at 55 Irvine Road, Kilwinning.

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

(1) That the roofs of the dwellinghouses hereby approved shall be finished externally in Marley Modern mock-bond concrete roof tiles, unless otherwise agreed in writing by North Ayrshire Council as planning authority.

(2) That the first 5.0 metres of the access, measured from the metalled portion of Watercut Road 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.

(3) That prior to work commencing on site a tree survey shall be submitted to, and approved in writing by, North Ayrshire Council as planning authority, which specifies those to be retained and those to be felled in the course of construction.

(4) That the trees indicated for retention in the survey required by Condition 3 above shall be so retained, and shall not be lopped, topped or felled without the prior written consent of North Ayrshire Council as planning authority.

3. North Coast and Cumbraes Local Plan Area N/00/00534/OPP: Millport: Golf Road: Site to South of Upper Kirkton

Mrs C McCulloch, 42 Kames Street, Millport has applied for outline planning permission for the erection of a dwellinghouse at the site to the south of Upper Kirkton, Golf Road, Millport.

After discussion and having heard (i) the Principal Development Control Officer recommend that the application should be refused on the grounds that it was contrary to the adopted Local Plan and (ii) the local member speak in support of the application on the basis of additional evidence of specific locational need and the proximity of the site to Upper Kirkton Farm, the Sub-Committee 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 submission of details with regard to Condition 1 should take congnisance of

Page 2 North Ayrshire Council’s approved Rural Design Guidance.

(3) That the occupation of the dwelling shall be limited to a person solely or mainly employed, in the Millport Riding School or a dependant of such a person residing with him or her, or a widow or widower of such a person.

The reasons for the above conditions are:-

(1) This permission is an outline planning permission and the specified reserved matters require subsequent approval in terms of Article 4 of the Town and Country Planning (General Development Procedure)(Scotland) Order 1992.

(2) To restrict the development to the terms of its justification/special need.

(3) In the interest of the amenity of the area.

4. Irvine: Bogside: Landfill/Landraise Waste Disposal Site Submitted report by the Assistant Chief Executive (Legal and Regulatory) on the outcome of the Council’s application to the Scottish Ministers for a Landfill/Landraise Waste Disposal Site at Bogside, Irvine.

The Sub-Committee agreed to note the decision of the Scottish Ministers to grant planning permission for development of the site, subject to the following conditions:-

(1) Except so far as specified elsewhere in these conditions, the development shall conform to drawings AD3472/01-AD3472/16 included in public local inquiry production CP.27. The design of the access shall in any case be to the prior detailed approval of the Road Network Management and Maintenance Division of the Scottish Executive, and the northern bridge approach embankment shall be arched or clear span unless additional flood risk studies (in advance of development commencing) prove that this arrangement can be safely dispensed with.

(2) Operations for the disposal of waste shall be confined to 0800-1700 hrs, 7 days a week.

(3) No ‘putrescible’ or special waste shall be deposited on the site. All waste consignments shall be inspected by appropriately qualified site supervisors and any unauthorised waste shall be returned to its point of origin.

(4) Disposal shall be carried out in 20 phases with a maximum of 3 phases active at any one time i.e. one under construction/preparation, another accepting waste, and a third under restoration. All deposited materials shall be covered with a suitable inert material or heavy duty plastic sheeting at the end of each working day. Each phase shall be capped within 18 months of the date on which its infilling with waste commences.

(5) The working phase shall be enclosed by a 2 metre high litter fence, and all litter fencing shall be cleared each day. In addition, and in advance of any work starting on site, an operational programme shall be finalised in consultation with Scottish Heritage. This shall identify all those areas of natural heritage importance outwith the footprint of the landfill/landraise and outwith the sand extraction area that are to be protected during operations, as well as the means of protection consistent with the practical benefits of this permission.

(6) All traffic leaving the site shall use the wheel washing facilities. During dry weather all internal roads shall be sprayed regularly with water, in any case not less than twice daily. No development shall commence prior to the approval by North Ayrshire Council as planning authority of dust suppression methods for both waste operations and sand extraction as well as for vehicles using roads within the site, especially for

Page 3 periods of dry weather.

(7) Except for gas-flaring, no waste materials shall be burned on site including any material processed by the composting and recycling facilities.

(8) In addition to litter fencing around the working phase, a secure fence shall be erected around all phases under construction/preparation, operation and restoration and around the perimeter of the landfill/landraise until restoration is complete. The access road shall be guarded by security gates and a control house. Damage to any of these boundaries shall be made good within 5 days of it occurring.

(9) A desk-top study and field survey of the site shall be agreed with the West of Scotland Archaeology Service. No development shall commence prior to the entire completion of any on-site investigations or recording programme that may be recommended by the West of Scotland Archaeology Service.

(10) No development shall commence before completion of the additional site surveys and investigation recommended in Appendix D of the Engineering Report – public local inquiry production CD.30(e), nor prior to the completion of a detailed survey of site drainage and hydrology including water quality. Any consequential variation of the footprint of the landfill/landraise or of its profiles and contours that may become necessary is not hereby approved.

(11) All plant and vehicles shall respect the hours of operation specified in condition No. 2 and shall be silenced in accordance with manufacturers’ recommendations. The resultant noise level anywhere on the near boundary of Bogside Golf Course, and anywhere on the west side of the sand extraction where this meets the plantation and heronry, shall at no time exceed 65DB (LA eq-12 hours). Sand extraction shall encroach no closer to the plantation woodland and heronry than it does to the golf course, and this limit shall be clearly marked on site by a simple post and wire fence in advance of any sand extraction commencing. In addition, no sand extraction, haulage or associated operations shall take place on site between 1 February and 31 March annually.

(12) Fuel supplies shall be stored in bunded compounds north of the River Garnock.

(13) Any revision in the siting or design of the leachate treatment plant shall be subject to prior consultation with Scottish Natural Heritage and the Scottish Environment Protection Agency.

(14) Sand extraction and the haulage of sand shall only take place between 0800-1700 hours on 3 days per week, the particular days being for prior written agreement between North Ayrshire Council and Irvine Golf Club. A public record of this agreement shall remain available for the life of the sand extraction.

(15) No sand extraction shall commence, prior to the written approval of North Ayrshire Council as planning authority, in the light of consultation with Scottish Natural Heritage, of a detailed working plan to be submitted by the selected contractor. This shall show the detailed operation and restoration of the sand workings, and shall be retained for public inspection for the life of these workings.

(16) Notwithstanding the sequence shown in figure 3.4 of the ES Graphics Volume, unless otherwise agreed in writing with Scottish Natural Heritage the development shall proceed in the following order

The landfill/landraise shall be worked in the following sequence:-

Phases 12,14, 16 then 18, followed by;

Page 4 Phases 11,13,15,17 then 19, followed by;

Phases 5,4,3,2 then 1, followed by;

Phases 10,9,8,7,6 and finally 20.

the sand extraction area shall commence with phase 5, and proceed in reverse sequence to finish with phase 1.

(17) There shall be no stock-piling of sand within the development site.

(18) The only top soil to be stored in the sand extraction area shall be for re-use in its restoration and shall be grass-seeded. Within the area of the landfill/landraise, top soil shall be stored within a single nominated cell at any one time.

(19) Haulage of sand shall be restricted to the specified haul route shown on drawings No. AC/3272/04 – and in Figure 3.4 of the ES Graphics Volume.

(20) The rate of sand extraction shall no exceed 20,000 tonnes per annum.

(21) No development shall commence prior to the finalisation, in consultation with Scottish Natural Heritage, and the approval by North Ayrshire Council as planning authority, of more detailed mitigation measures and of a restoration and landscaping scheme for the entire site. These shall be informed by a detailed hydrological survey, and by the additional ecological assessments required below. The final restoration measures and their phasing shall remain available for public inspection. They shall include the removal of all buildings and plant unless agreed after-uses are identified. They shall involve the use of a low nutrient substrate and a grass mix or mixes based on an assessment of grasses and wildflowers present on the site in advance of development. They shall include the creation of replacement, extended and improved habitats for displaced species. Their translocation and that of habitats shall be completed in advance of work commencing on each phase of the landfill/landraise.

(22) When each landfill/landraise cell reaches its approved final level it shall be capped as described in Chapter 3 of the Environmental Statement. The height of the landfill/landraise shall no exceed 11.5m AOD and shall be contained within the contours shown in application drawing No. AD3472/05, amplified by Figure 4.2.8 in Engineering Report – public local inquiry production CD.30(e).

(23) Notwithstanding that the landfill/landraise and sand extraction are hereby approved, prior to the commencement of development further detailed assessments shall be undertaken of the impact of the development on bats, otters, water voles and aquatic fauna. The results shall inform parties on the appropriate mitigation measures and the restoration scheme, and shall remain available for public inspection for the life of the development.

(24) The details required by condition 21 shall include the provision of not less than 32 ha of replacement wetlands. These shall be formed as urgently as practical, but the detailed phasing of this process shall be subject to consultation with Scottish Natural Heritage before any work commences.

(25) Within 12 months of the development commencing on site, the applicant shall finalise a land use management and interpretation plan in consultation with Scottish Natural Heritage. This plan shall be formally adopted by North Ayrshire Council and shall be retained for public inspection until 5 years after the development is complete. This plan shall specify:

a detailed maintenance schedule for the proposed restoration of the entire site, including management for at least 10 years after the development is complete;

Page 5 routine maintenance thereafter, not only of land but of fences and measures to suitably control public access within the site, including the denial of through access to Bogside Flats SSSI;

an ecological monitoring programme for the development in relation to the success or otherwise of mitigation measures; and

the land use management regime following final restoration.

(26) All landfilling/raising – to a maximum of 1m tonnes excluding diverted waste streams used for engineering purposes – and all capping shall be limited to a period of 25 years from the date of waste operations commencing. Final restoration shall be completed as soon as practical – and in any case within 5 years thereafter. This is the maximum period (30 years from waste operations commencing) within which settlement is to be allowed for.

(27) Prior to any work commencing on site, flood defence measures shall be finalised in consultation with Scottish Natural Heritage and the Scottish Environmental Protection Agency. These shall address the maximum 1-in-100 year combination of fluvial and tidal events. The flood defence works within the site shall be completed before waste operations commence. These together with the site drainage system shall be maintained until at least 10 years after the restoration scheme is complete (in common with other site maintenance issues). All flood defence works shall be accessed by the site itself and not via the SSSI.

5. Gaming Act 1968 Submitted report by the Assistant Chief Executive (Legal and Regulatory) on applications under Section 34 of the Gaming Act 1968 for permit for gaming machines.

The Sub-Committee agreed to grant permits for Gaming Machines in respect of the undernoted applicants:-

Applicant Number of Machines

R. Lambie 1 Machine The New Ferry Fry 3 Pier Buildings Brodick (New)

Graziano Moriconi 2 Machines 81 New Street Dalry (New)

6. Exclusion of Public The 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.

Page 6 7. Civic Government (Scotland) Act 1982: Application for Licences Submitted report by the Assistant Chief Executive (Legal and Regulatory) on (a) applications for the grant or renewal of licences; (b) individual licences where the issues raised may require a Hearing; and (c) individual licences where Hearings have been convened.

The Sub-Committee agreed to dispose of these matters as indicated in the attached Appendix P&R1.

The meeting ended at 11.50 a.m.

Page 7 Planning and Regulatory Sub Committee 09/10/2000

Appendix No P&R1

PART A: Applications for Licences under the Civic Government (Scotland) Act 1982

Type of Licence/ Applicant Decision Reference No

1. TDL/006 (N) William Myers Agreed to grant.

2. TDL/060 (N) As per application Agreed to continue to a Hearing.

3. TDL/830 (R) As per application Agreed to continue to a Hearing.

4. TDL/028 (N) Graham I Bevan Agreed to grant.

5. TDL/064 (N) As per application Agreed to continue to a Hearing.

6. TL/191 (R) Heather Lynn Agreed to grant in the sole David Lynn name of George J Crichton. George J Crichton

7. MOL/002 (N) Howard Wilkinson Agreed to grant subject to the conditions tabled at the meeting.

PART B: Reports in respect of licenceholders where the issues raised may require a Hearing

. Type of Licence/ Decision

Page 1 Reference No

1. TDL/321 Agreed no further action.

PART C: Reports in respect of Licences where a formal Hearing has been convened and which require to be determined by the Sub-Committee

Type of Licence/ Decision Reference No

Councillor Carson withdrew and took no part in discussion on the following item.

1. TDL/847 The applicant having been duly cited was present at the Hearing.

The Solicitor (Licensing) presented the issues before the Hearing and the Police representative set out the Chief Constable’s representations. Thereafter the applicant addressed the Hearing before withdrawing together with the Solicitor (Licensing) and the representative of Strathclyde Police.

The Sub Committee agreed to continue consideration of the application for a medical report.

Councillor Carson returned to the meeting for the remaining items.

2. TDL/011 & TL/133 The applicant having been duly cited attended the Suspension Hearing.

The Solicitor (Licensing) presented the issues before the Hearing. The applicant was then given the opportunity to address the Hearing before withdrawing together with the

Page 2 Solicitor (Licensing).

The Sub Committee agreed to take no further action.

3. LHCL/057 The applicant having been duly cited was present at the Hearing. The Principal Licensing and District Court Officer presented the issues before the Hearing to which the applicant responded.

The applicant thereafter intimated that he wished to amend the terms of his application and restrict the hours of opening sought to between 11.00 p.m. and 1.00 a.m. The Sub-Committee agreed to allow the amendment to be tabled. Thereafter the applicant and the Principal Licensing Officer withdrew.

The Sub-Committee agreed to grant the amended application to operate from 11.00 p.m. to 1.00 a.m.

Page 3