Planning Committee 24 October 2005

IRVINE, 24 October 2005 - At a Meeting of the Planning Committee of North Council at 2.00 p.m.

Present David Munn, Tom Barr, John Moffat, Ian Clarkson, Stewart Dewar, Elizabeth McLardy, Margaret Munn, Alan Munro, David O'Neill, Robert Rae, Donald Reid and Ian Richardson.

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

Chair Councillor D Munn in the Chair. Apologies for Absence Margie Currie, Elisabethe Marshall and John Reid.

ITEMS REQUIRING APPROVAL BY COUNCIL

1. SPP8: Town Centres Consultation Draft

Submitted report by the Assistant Chief Executive (Development and Promotion) on a consultation draft of Scottish Planning Policy (SPP) 8: Town Centres.

The consultative draft of SPP8: Town Centres, which will replace NPPG8: Town Centres and Retailing, sets out objectives, policies and principles relating to development in town centres. The general aim of the guidance remains to focus development in town centres by applying a sequential approach which directs development firstly to town centre sites, then to edge-of-centre sites where town centre locations are not suitable and, finally, to out-of-centre sites with good accessibility where neither town centre nor edge-of-centre locations are available. SPP8 also proposes that development plans present town centres as a network, with each centre having its own individual role and function.

Page 1 The consultative draft places a greater emphasis than current guidance on the qualities to which town centres should aspire. These include creating a diversity of uses, including housing and community uses, and the importance of creating a sense of place through elements such as design quality, promoting accessibility to car and non-car based users, ensuring attractiveness, safety and the overall vitality of town centres. The guidance also proposes that an impact analysis should be undertaken in support of applications for retail and leisure development greater than 2,500 square metres in edge-of and out-of-town locations.

The proposed guidance is significantly shorter than the existing guidance. This has been achieved by omitting the provisions in NPPG8 which relate to specific types of retail and leisure development. This represents a potentially significant omission, since the Local Plan includes policies on local shops, retail parks and open air markets which are not addressed in the proposed guidance. Therefore, although the consultation draft is broadly to be welcomed, it does omit advice contained in the current guidance which is of importance to North Ayrshire. It is suggested that this advice is included either in the SPP itself or in an accompanying Planning Advice Note.

The Committee agreed to approve the comments set out in the appendix to the report as the Council's response to the consultation.

2. Arran: Kildonan: Naming of New Housing Development by the 108 Group Ltd, on a site at Breadalbane Camping and Caravan Park

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development on a site at Breadalbane Camping and Caravan Site, Kildonan, .

The Committee agreed to name the development "The Keys".

Page 2 ITEMS DETERMINED UNDER DELEGATED POWERS

3. Arran Local Plan Area

3.1 05/00694/PP: : Cordon: Site to the North West of Rosebank

John Lamb, 70 Woodside Drive, Waterfoot, , has applied for planning permission for the erection of 2 detached dwellinghouses on a site to the north west of Rosebank, Cordon, Lamlash. An objection has been received on behalf of Mr J S Adair and Mr and Mrs Harold Kyte from Adairs Solicitors, 3 Castle Street, Dumbarton.

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

1. That, prior to the commencement of the development, details of remediation measures to eradicate Japanese Knotweed from the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the remediation measures as may be approved shall be undertaken and the developer shall appoint a suitably qualified person to certify that Japanese Knotweed has been eradicated from the application site, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. That full design details of the mound soakaways, to include a scheme of landscaping for each mound, shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development hereby approved. Thereafter, the scheme as may be approved, including the provision of landscaping, shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the houses.

3. That the septic tanks shall be located in such a position as will enable them to be emptied by road tanker. Surface water drainage shall be excluded from the septic tanks.

4. That vehicle access to the development shall be by way of the track along the north-west edge of the site leading from the public road at the north-east end of the track and, prior to the occupation of the houses, the access from the site to the Cuddy Dook track shall be closed to vehicular traffic, to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the occupation of the houses, the parking and turning areas as illustrated on the block plan hereby approved shall be provided within the curtilage of each house within the site to the satisfaction of North Ayrshire Council as Planning Authority.

6. That the first 2 metres of the access track from the junction with the public road shall be surfaced in bituminous material in order to prevent deleterious material being carried on to the carriageway.

Page 3 7. That, with the exception of the tree to be felled to facilitate the erection of house 2, no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

8. That, prior to the commencement of the development hereby approved, full details of the boundary treatment to be erected shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, such details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the dwellinghouses.

9. That, for the avoidance of doubt, the watercourse along the north-western boundary of the site shall not be culverted other than for the minimum necessary to form the site access (up to a maximum of 5 metres).

10. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of 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 Archaeology Service.

3.2 05/00708/PP: : Silverburn Road: Sites to the South East and North West of Rentoul

John Thomson Construction Ltd, Park Terrace, Lamlash, Isle of Arran, have applied for planning permission for the erection of 4 detached dwellinghouses with associated garage, driveways and car parking on sites to the south east and north west of Rentoul, Silverburn Road, Whiting Bay, Isle of Arran. 8 representations have been received as listed in Annexe 1 to the report.

The Planning Committee, at its meeting on 26 September 2005, agreed to continue consideration of this item to address errors in neighbour notification. Re-notification of owners and neighbours took place on 28 September 2005.

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

1. That no development shall take place until the developers have acquired ownership or such other legal rights as entitle the developers to undertake all road widening works in accordance with the requirements of condition 2.

Page 4 2. That, prior to commencement of the development hereby approved, the developers shall submit (a) copies of the developers' title or other legal documents proving the developers' entitlement to undertake all road widening works on Silverburn Road and (b) final design details of the road widening scheme on Silverburn Road, all for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the road widening scheme (together with the associated retaining structures) as may be approved shall be completed to the satisfaction of North Ayrshire Council as Planning Authority prior to the commencement of building works on plots 1-4 inclusive.

3. That, prior to the commencement of development, details of the drainage/sewerage disposal scheme shall be submitted to and agreed in writing with the Planning Authority. Thereafter, any details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the area of landscaping and trees between plots 2 and 3 as outlined in green on approved drawing no. 2925: BP01 Rev A shall be protected in accordance with BS 5837: 1991 "Trees in Relation to Construction" for the duration of building works to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter, the trees and shrubs shall be retained to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the commencement of the development the developers shall submit for the written approval of North Ayrshire Council as Planning Authority full details and/or samples of the proposed external finishes to be used.

6. That development shall not begin until detailed plans, illustrating in cross-section form, the existing and proposed ground levels, finished floor levels of the proposed house on plot 4 and the extent of any underbuilding proposals, have been submitted to, and agreed in writing by, North Ayrshire Council as Planning Authority.

7. That the first 15 metres of the access serving plots 1-3, as measured from the edge of the public road carriageway shall be 5.5 metres wide, with the first 6 metres 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 public road carriageway.

8. That visibility splays of 2.5m x 35m, in both directions, shall be provided and maintained at the junction of the access serving plots 1-3 with the public road. No item greater than 1.05 metres above the adjacent carriageway level shall be within the sightline triangles.

Page 5 9. That, prior to the commencement of the development, details of remediation measures to eradicate Japanese Knotweed from the site of the former Kiscadale Hotel shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the remediation measures as may be approved shall be undertaken and the developer shall appoint a suitably qualified person to certify that Japanese Knotweed has been eradicated from the application site, all to the satisfaction of North Ayrshire Council as Planning Authority.

10. That the unauthorised access road serving the caravan within plot 4 of the development shall be modified to accord with the block plan hereby approved (drawing no. 2925: BP01 Rev B) prior to the occupation of the dwellinghouse on plot 4.

3.3 05/00766/PP: : Springbank Farm Cottage

John Thomson Construction Ltd, Lamlash, Isle of Arran, has applied for planning permission for the relocation of a footpath and associated landscaping at Springbank Farm Cottage, Brodick. Representations have been received from Mr G M Lindsay of Springbank Farm, Brodick and Mrs P F Nicholls of Belmont, Brodick.

The Planning Services Manager advised the Committee of a proposed additional condition in respect of arrangements for any boundary treatment on the site.

The Legal Services Manager indicated that, if the application were granted, there would no longer be a requirement for a Footpath Diversion Order at this location.

The Committee, having considered the terms of the representations, agreed (a) to grant the application subject to the following conditions:-

1. That, prior to the commencement of the development hereby approved, details of a landscaping scheme for the verges to either side of the path link between the courtyard car park and Springbank Terrace shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The submitted scheme of landscaping shall include details of aftercare and details of future maintenance and management. Thereafter, the scheme as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of any of the houses within plots 1-5.

2. That the maintenance of the "secondary path" and associated staircase (to the west of plots 1-4 of the Lower Development Units) shall be the subject of a management and maintenance scheme, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development. Following the occupation of any of the houses on plots 1-4, the management and maintenance scheme as may be approved shall be brought into operation to the satisfaction of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the path shall remain open at all times and no obstruction shall be placed within the path.

Page 6 3. That a safe pedestrian right of way through the site shall be maintained during site preparation and construction of the housing in the Lower Development Units to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, notwithstanding the permission granted by Article 3 and Class 7 of Part 2 of Schedule 1 of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of the erection of any fences, gates, walls or other means of enclosure within the curtilage of the site. and (b) to withdraw the requirement for a Footpath Diversion Order associated with earlier planning permission (03/00869/PP).

4. // Local Plan Area

4.1 05/00596/LUE: Ardrossan: 234 Glasgow Street: Kerr Baillie Ltd

Kerr Baillie Ltd, Pier Garage, Harbour Street, Ardrossan, have applied for a Certificate of Lawfulness for an existing use as a vehicle sales and repair business at 234 Glasgow Street, Ardrossan.

The purpose of a Certificate of Lawfulness for an existing use is normally to ensure that the use of the land is properly established for evaluation purposes or to secure immunity from enforcement action by the Planning Authority. In order to justify the issuing of a Certificate of Lawfulness for an existing use, the applicant must be able to demonstrate clearly that the use of the premises has existed at least 10 years prior to the date of the application. In support of the application in question, the applicants have stated that the use commenced on this site around 1960 and have submitted various documents to support this assertion.

The Committee agreed to issue a Certificate of Lawfulness for the vehicle sales and repair business at 234 Glasgow Street, Ardrossan.

5. Garnock Valley Local Plan Area

5.1 05/00796/PP: : Gateside: Main Road: Gateside Smiddy

Jamie Williamson, 20G Wilson Street, Beith, has applied for planning permission for conversion of, and alterations to, a workshop to form a one-and-a-half storey dwellinghouse. Objections have been received from Lorraine Livesey, no. 18 and Jane Marshall, no. 22, both Main Road, Gateside.

The application is an amendment to a previous consent (03/01138/PP) granted in June 2004 for a similar development. The formation of a rear dormer is the main alteration to this consent.

Page 7 The Committee, having considered the terms of the objections, agreed to approve the application subject to the following conditions:-

1. That the first 2 metres of the access 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 the presence of any significant unsuspected contamination which 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.

3. That effluent disposal arrangements shall comply with the current code of practice BS6297:1983, subject to satisfactory percolation tests, with the existing soakaway extended and with surface water excluded from the septic tank, all to the satisfaction of North Ayrshire Council as planning Authority.

4. That the treatment of the boundary enclosures shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Thereafter, any treatment of the boundary enclosures which may be agreed shall be implemented prior to the occupation of the dwellinghouse and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

5.2 04/00501/DCMS: Beith: Site to the North of Knowes Farm

Smith Skip Limited, 12 The Strand, Beith, have applied for determination of conditions for a mineral site/mining site to the north of Knowes Farm, Beith. A representation has been received from Mr and Mrs A Samuel, Woodside Farm, Muirburn Road, Beith.

Planning permission for the winning and working of clay and blaes from 4 areas at Knowes Farm, Beith was granted subject to conditions on 31 March 1966 (C/1795/Q). The current application proposes the removal of clay from the area known as Section 3. Since extraction of materials has commenced in the other areas of the site, planning permission for Section 3 remains open.

Legislation introduced by the Environment Act 1995, and subsequently embodied in The Town and Country Planning (Scotland) Act 1997, requires local authorities to prepare a list of mineral sites in their area. On 18 March 1997, the applicants were advised that the site (Section 3) was classified as "dormant", namely a site in, on or under which no minerals development has been carried out to any substantial extent at any time within a prescribed time period.

Page 8 This means that it will not be lawful to work the site until full modern planning conditions have been approved by the Planning Authority. Accordingly, the applicants have applied to the Planning Authority to determine the conditions to which the planning permission for Section 3 will be subject.

The Committee, having considered the terms of the representation, agreed, subject to the applicants entering into Section 75 Agreement to provide a financial bond to ensure the restoration of the site, that the mineral extraction should be subject to the following conditions:-

1. That clay extraction shall not commence until the landfill operations approved under Planning Permission No. N/99/00036/PP dated 20 August 2001 have commenced in accordance with the conditions attached thereto, and that, within ten years of the commencement of the clay extraction operations or earlier completion, the clay extraction operations hereby approved shall cease and the site shall be restored to the satisfaction of North Ayrshire Council as Planning Authority.

2. That no fewer than 7 days prior written notice of the commencement of the clay extraction shall be given to North Ayrshire Council as Planning Authority.

3. That clay shall be excavated only from the area outlined in red on the submitted plans.

4. That access to the site shall only be by way of the existing access to the applicants' landfill operation from the Beith-Lochwinnoch Road and, thereafter, by means of the internal access roads shown on the plans hereby approved.

5. That no mineral extraction shall take place within 15 metres of Muirburn Road or within 15 metres of the line of the mains water service pipe shown on the plans hereby approved.

6. That the manner of working shall be in accordance with the work method statement detailed in Paragraph 6.2 of the applicants' letter of support dated 29 August 2004. For the avoidance of doubt, clay shall be extracted from one bay only at any given time, restoration of the previously worked bay, where applicable, shall take place concurrently and the depth of working shall not exceed the levels indicated on the plans and sections hereby approved, all to the satisfaction of North Ayrshire Council as Planning Authority.

7. That the direction of workings shall be south-east to north-west.

8. That clay extraction shall only be permitted between the hours of 7 a.m. to 6 p.m. Mondays to Fridays and at no time on Saturdays, Sundays or public holidays unless, in exceptional circumstances, North Ayrshire Council as Planning Authority gives prior written approval for clay extraction outwith these times.

Page 9 9. That subsoil and topsoil shall be stored separately from the excavated materials and in the area shown on plans hereby approved to the satisfaction of North Ayrshire Council as Planning Authority.

10. That there shall be no stockpiling of excavated materials without the prior written approval of North Ayrshire Council as Planning Authority.

11. That, after extraction of the clay, the subsoil and topsoil shall be regraded to conform to the existing adjoining site contours, a minimum depth of 600mm of subsoil and 300mm of topsoil shall be re-spread over the area to provide reasonably uniform cultivable slopes and the entire area prepared in an appropriate manner for cultivation in accordance with the land restoration and aftercare schedule submitted by the applicants in their letter of support dated 12 December 2004, all to the satisfaction of North Ayrshire Council as Planning Authority.

12. That any field drainage disturbed or damaged during extraction of the minerals shall be made good on completion of the works and all necessary precautions shall be undertaken during the operations to prevent contamination of existing natural watercourses.

13. That any temporary storage of clay shall be located to ensure that any contaminated run-off arising from the stored material does not cause pollution and all necessary precautions shall be taken during the period of extraction operations to ensure that the public highways, verges and roadside ditches are maintained free from deposits of mud, clay and other foreign material during transport of the minerals.

14. That, on completion of the clay extraction, all plant and machinery shall be removed from the site and within 12 months of the completion of the works, the land shall be restored for agricultural purposes in accordance with Condition 11 above, to the satisfaction of North Ayrshire Council as Planning Authority.

15. That the applicants shall adopt the best practicable means to avoid nuisance or loss of amenity to the area due to noise and dust resulting from the mineral extraction operations, to the satisfaction of North Ayrshire Council as Planning Authority.

16. That any significant unsuspected contamination which becomes evident during the development shall be brought to the attention of North Ayrshire Council as Planning Authority together with suitable remediation proposals prior to any further works taking place.

Page 10 17. That, prior to the commencement of the clay extraction operations, the applicants shall (i) submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for a grass covered screen bund along the south eastern edge of the site; and (ii) form the approved bund and maintain it thereafter throughout the duration of the mineral extraction operation, all to the satisfaction of North Ayrshire Council as Planning Authority.

18. That, prior to the commencement of the clay extraction, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for the erection of stock proof fencing around the perimeter of the site which stock proof fencing shall be erected prior to the commencement of the mineral extraction operation and maintained throughout the duration of the clay extraction.

19. That if, during the extraction process, any standing water requires to be pumped from the void, it shall not be discharged to a water course, unless the prior written approval is obtained from North Ayrshire Council as Planning Authority.

5.3 05/00492/PP: : Site to East of 25 Milton Road

James Patrick, 21 Adair Avenue, Saltcoats, has applied for planning permission for the erection of a dwellinghouse with integral garage on a site to the east of 25 Milton Road, Kilbirnie. An objection has been received from Mr and Mrs I Martin, 29 Milton Road, Kilbirnie.

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

1. That the proposed external finishes shall be dry dash render to the walls and concrete roof tiles and, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details, including colours, of all external finishes.

2. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of all boundary enclosures.

3. 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 11 4. 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.

5. That, notwithstanding the permission granted by Article 3 and Classes 1 and 3 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any development within the curtilage of the dwellinghouse.

6. Irvine/ Local Plan Area

6.1 05/00614/PP: Irvine: 3 Tarryholme Drive

Mr Jonathan Rodger, 3 Tarryholme Drive, Irvine, has applied for planning permission for the erection of a conservatory to the rear of a dwellinghouse at that address. Objections have been received from Murray, Gillies and Wilson, Solicitors, on behalf of Mr and Mrs Laughland, 1 Tarryholme Drive and from Mr Laughland himself.

The Committee expressed the view that arrangements for access across the site should be secured by condition.

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

1. That, prior to the occupation of the conservatory hereby approved, the applicant shall submit, for the written approval of North Ayrshire Council as Planning Authority, details of provision for refuse bin access across the site, which detail shall include a suitable ramp. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

6.2 05/00310/PP: Kilwinning: Nursery Drive: Site to the East of

Carman Homes Ltd, c/o RWW Chartered Architects, 3 Gartness Road, Drymen, have applied for planning permission for the erection of 35 dwellinghouses and associated garages and infrastructure on a site to the east of Nursery Drive, Kilwinning. 9 letters of representation have been received as listed in Annexe 1 to the report.

Page 12 The Committee agreed to continue consideration of the application to a future meeting to allow further information to be obtained on proposed arrangements for accessing an area of open ground to the south of the application site for maintenance purposes.

6.3 05/00581/PP: Kilwinning: 15-17 Bridgend: The Segton Inn

Iain Garrett, The Segton Inn, 15-17 Bridgend, Kilwinning, has requested planning permission for the demolition of the existing public house and flat and the erection of 4 dwellinghouses at that address. Six letters of objection and a petition containing the signatures of 49 residents of the surrounding residential area have been received as listed in Annexe 1 to the report.

Councillor David Munn, seconded by Councillor Barr, moved that the Committee refuse the application on the ground contained within the report.

As an amendment, Councillor Donald Reid, seconded by Councillor Clarkson, moved that the Committee grant the application.

On a division, there voted for the amendment 2 and for the motion 8 and the motion was declared carried.

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

1. That the proposed development would be contrary to Policy INF8 of the Adopted Irvine and Kilwinning Local Plan and Policy IN6 and the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding The Isle of Arran), in that it would represent residential development within an area identified in the Council's Flood Risk Consultation Maps where the risk of the vehicle access to the site being flooded to a depth which would preclude access for emergency vehicles would be significant, which would be detrimental to the safety of the occupants of the dwellinghouses.

6.4 05/00621/OPP: Auchentiber: Leaside: Site to the South West of

Mr T Robertson, Auchentiber Farm, Kilwinning, has applied for outline planning permission for the erection of a dwellinghouse and formation of an access on a site to the south west of Leaside, Auchentiber. Thirteen objections have been received as listed in Annexe 1 to the report.

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

Page 13 1. That the proposed development would be contrary to Policy ENV1 of the Adopted Irvine and Kilwinning Local Plan and Policy ENV1 and the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding the Isle of Arran) in that it would represent residential development within the countryside for which no specific need has been demonstrated and would, if approved, establish an undesirable precedent for other similar developments, to the detriment of the character and appearance of the countryside.

2. That the formation of the required visibility splays at the proposed vehicular access to the site would require the removal of an extensive length of existing hedgerow along the frontage of the A736, which would be detrimental to the character and appearance of the countryside.

6.5 05/00516/PP: Kilwinning: 8 Priory Wynd

Mr Andrew Fitsimmons, 8 Priory Wynd, Kilwinning, has applied for planning permission for the change of use of a structure planting tree belt to form part of a garden at that address. An objection has been received from Mr Stewart Celso, 10 Priory Wynd, Kilwinning.

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

1. That the proposed development would be contrary to Policy HOU13 in the adopted Irvine and Kilwinning Local Plan, and Policy RES3 in the finalised North Ayrshire Local Plan (excluding Isle of Arran), in that it would involve the removal of part of an approved area of structure planting that would have a detrimental effect on the appearance of the housing development when viewed from the north and would set an undesirable precedent that could undermine the effectiveness of the approved structure planting, to the detriment of the appearance of the whole housing development. and (b) to take enforcement action to have the tree belt and its boundaries restored to the details in the approved landscaping scheme and management plan.

6.6 05/00744/PP: Irvine: : 165 Main Street

Mr Richard Gale, 15 Barbadoes Road, Kilmarnock, has applied for planning permission for the erection of a dwellinghouse on plot 2 of 165 Main Street, Dreghorn, Irvine. Representations have been received from Mr John Robb, no. 165A, Mr Robert Roger, no. 167 and Mr John Robb on behalf of Shalom Private Nursing Home no. 163, all Main Street, Dreghorn.

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

Page 14 1. That vehicular access to the site shall be provided with a drop kerb footway crossing to be formed as detailed in sections 5.2 and 10.8 (and Fig. 10.16) of the Council's Roads Development Guidelines.

2. That the first 2 metres of the driveway, 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.

7. North Coast and Cumbraes Local Plan Area

7.1 05/00758/ADC: : 39-41 Main Street

Mr S McDonald, 17 John Street, Largs has applied for retrospective planning permission for the erection of a signboard to the front of a bar and restaurant at 39-41 Main Street, Largs.

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

1. That the advertisement board forms an obstruction on the public footway, which is detrimental to pedestrian safety in the area. and (b) to take enforcement action under Section 24 of the Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984 to secure removal of the signboard.

7.2 05/00746/PP: Largs: 39-41 Main Street

Linnpin Limited, 39-41 Main Street, Largs, have applied for planning permission for the formation of a decked roof terrace, new doorway and erection of timber balustrade at that address. Objections have been received from Ms Aileen Brown, 5 Lindon Gate and Mrs Isobel Canning, Main Street, both Largs.

The Senior Development Control Officer advised that the premises are part of a Category 'B' Listed Building and a related application for Listed Building Consent has been submitted and referred to Historic Scotland.

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

1. That the proposed 1.1m high protective timber barrier indicated on the plans hereby approved, shall be replaced with a 1.5m high etched glass screen. Prior to the commencement of the development hereby approved, details of the 1.5m high etched glass screen shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Prior to the occupation of the decked roof terrace, the 1.5m high etched glass screen shall be fully installed and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 15 2. That the roof terrace seating area indicated on the plans hereby approved shall not operate outwith the hours of 2100 hours in any day and 1200 hours the following day unless North Ayrshire Council as Planning Authority gives written consent to any variation.

3. That no amplified music shall be used within the roof terrace.

7.3 05/00855/PP: Largs: 78 Gallowgate Street

John G Fox, 6 Southannan House, Fairlie has applied for planning permission for alterations to the windows of a dwelling flat, erection of a security door on the rear elevation, formation of an off-street parking bay and erection of 1.9m high gates to the rear of 78 Gallowgate Street, Largs. An objection has been received from Mr Salvadori, The Forge, 8 School Wynd, Largs.

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

8. Arran: Brodick: Dippen: Breach of Condition Notice: Widening of Access Road to Field and Erection of Portacabin (Retrospective) at Site to North of Dippenhead Farm, Dippen, Brodick, Isle of Arran

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Breach of Condition Notice with regard to non-compliance with Conditions 1 and 2 of Planning Permission N/03/00680/PP granted on 17 May 2005 for the widening of an access to a field and the erection of a portacabin (in retrospect) at a site to the north of Dippenhead Farm, Dippen, Brodick, Isle of Arran.

Condition 1 states that "within 3 months of the date of this consent, the access shall be widened to 6.0 metres and hard surfaced for the first 6.0 metres 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. These changes shall be maintained in perpetuity." Condition 2 states that "details of a parking and turning facility within the site to enable all vehicles to enter and leave the site, shall be submitted to, and agreed in writing with, North Ayrshire Council as Planning Authority within one month of the date of this consent. Thereafter, the approved parking and turning facility shall be formed within 3 months of the date of the consent, and, thereafter, retained and maintained in accordance with the approved details."

A complaint has been received that the applicants have failed to comply with Conditions 1 and 2 of the approved conditional planning permission. This has been confirmed by the Planning Inspector during a site visit. The applicants were subsequently advised in writing to comply with the conditions, but have failed to do so.

Page 16 The Committee agreed that a Breach of Condition Notice be served in terms of Section 145(2)(A) of The Town and Country Planning (Scotland) (Act) 1997 to ensure compliance with Conditions 1 and 2 of Planning Permission N/03/00680/PP.

9. Arran: Lamlash: Miramar: Provisional Tree Preservation Order

Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed serving of a Provisional Tree Preservation Order in respect of 3 Scots Pine trees within the grounds of Miramar, Lamlash, Isle of Arran.

The Committee agreed to approve the serving of a Provisional Tree Preservation Order.

10. : Skelmorlie Castle Road: Site of Former Reservoir: Provisional Tree Preservation Order

Submitted report by the Assistant Chief Executive (Development and Promotion) on the serving of a Provisional Tree Preservation Order in respect of trees at the site of the former reservoir, Skelmorlie Castle Road, Skelmorlie.

The Committee agreed to approve the action taken to serve a Provisional Tree Preservation Order.

The meeting ended at 4.45 p.m.

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