Planning Sub Committee of Corporate Services Committee 12 January 2004

IRVINE, 12 January 2004 - At a Meeting of the Planning Sub Committee of the Corporate Services Committee of North Council at 2.00 p.m.

Present David Munn, Tom Barr, Jack Carson, Gordon Clarkson, Margie Currie, Drew Duncan, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn and Robert Rae.

In Attendance A. Fraser, Manager, Legal Services, J. Miller, Chief Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager and M. Ferrier, Team Leader (Development and Promotion); A. Wattie, Communications Officer and J. Bannatyne, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor D. Munn in the Chair.

1. Arran Local Plan Area

1.1 N/03/00850/PP: : Corriecravie: Rowan Park

Angus Adamson, Corriecravie, , has applied for planning permission for the erection of a two storey detached dwellinghouse at Rowan Park, Corriecravie, Sliddery, , Isle of Arran.

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

1. That development shall not begin on the house hereby approved, until details of the drainage/sewage disposal scheme for the proposal have been submitted to and approved in writing by the Planning Authority.

2. That the house hereby approved shall not come into use until the approved drainage/sewage disposal scheme is operational in accordance with the details approved in writing under Condition 1.

3. That a visibility splay of 2.5m x 60m, to the west, shall be provided and maintained at the junction with the public road. No item greater than 1.05m above the adjacent carriageway level shall be within this sightline.

Page 1 4. That the first 2m of the driveway shall be hard surfaced in order to prevent deleterious material from being deposited onto the public road and no surface water shall issue from the access/driveway onto the public road. The first 6m of the driveway shall be 5.5m wide.

1.2 N/03/01033/OPP: Kildonan: Site 2 to the west of Drimlabarra Croft

Mr. and Mrs. M. Conacher, Drimlabarra Croft, Kildonan, Isle of Arran, have applied for outline planning permission for the erection of a dwellinghouse on site 2 to the west of that address. An objection has been received from J. Roberts, Arran Civic Trust, 3 Glen Place, Brodick, Isle of Arran.

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

1. That the proposed development would be contrary to the terms of Policy HOU4 of the adopted Isle of Arran Local Plan in that it would constitute development which would not reflect the form and character of the existing settlement at Kildonan, would be unrelated to existing buildings and would add to ribboning along the public road on which the site has a frontage.

2. That the proposed development would be contrary to Policy ENV1 of the finalised Isle of Arran Replacement Local Plan in that the development would be located outwith the settlement boundary of Kildonan, as shown on the proposals map, in an area designated as Countryside where the policy seeks to restrict residential development to situations where a genuine operational need for a worker to live on the site has been demonstrated, where the proposal would be closely associated with existing buildings and where occupancy would be restricted to persons employed in agriculture, forestry or similar rural activity or in the business to which the dwellinghouse would be related.

3. That the proposed development would set a damaging precedent for further sporadic development along the public road in the vicinity of the site which would be detrimental to the character of Kildonan and be injurious to the amenity of the area.

1.3 N/03/00699/OPP: Kings Cross: Site to the Southeast of Planetree

Ms. A. McNeish, Craigdhu Cottage, Shore Road, , Isle of Arran, has applied for outline planning permission for the erection of a 4 apartment 2 storey dwellinghouse on a site to the southeast of Planetree, Kings Cross, Isle of Arran. Objections have been received from Mr. J. Roberts, Arran Civic Trust, 3 Glen Place, Brodick and A.J. Webster, 6 North Charlotte Street, Edinburgh on behalf of Rev. and Mrs. J. Webster, Planetree Cottage, Kings Cross, both Isle of Arran. Letters of support have been received from Mr. J. Dawson, Lamlash Ambulance Station, Hospital Road and Mrs. J. MacGregor, Arran War Memorial Hospital, both Lamlash and from Mr. R. Lily, Scottish Ambulance Service, Maryfield House, Maryfield Road, Ayr.

Page 2 The application was considered at the meeting held on 8 December 2003 and continued for a site familiarisation visit, which has now taken place.

The Sub Committee, having heard the local member speak in support of the application and having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. The development is contrary to the requirements of Policy HOU5 in the Adopted Isle of Arran Local Plan, as the applicant has failed to demonstrate that the proposal is necessary development associated with agricultural or forestry operations, or that it is essential housing for a worker in agriculture, forestry, rural tourism, leisure or in an established service industry, approved in terms of Policy HOU5, where there is an identified occupation need for the worker to live on site.

2. The proposal will result in unjustified development in a prominent location in the countryside with no operational or locational need to support the proposal, and is therefore considered to be contrary to the requirements of Policy ENV1 of the Finalised Isle of Arran Local Plan.

2. , and Local Plan Area

2.1 N/03/01011/PP: Ardrossan: 32 Caledonia Crescent

Stephen Clark, 32 Caledonia Crescent, Ardrossan, has applied for planning permission for the erection of an extension to the rear of the semi detached dwellinghouse at that address. An objection has been received from Miss Catherine Cassidy, 7 Shellbridge Way, Ardrossan.

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

1. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Planning Authority. Thereafter a suitable investigation strategy as agreed with the enforcing authority shall be implemented and any necessary remediation works carried out prior to any further development taking place on site.

2.2 N/03/01105/NID: Ardrossan: 87 Princes Street Council, Cunninghame House, Irvine, has applied for a Notice of Intention to Develop in relation to an extension to the short stay hostel to form 8 flats at 87 Princes Street, Ardrossan. Objections have been received from Mr. and Mrs. P. Mackenzie, 89 Princes Street, Ardrossan per Simpson and Marwick, 91 West George Street, Glasgow and Hanover () Housing Association Ltd., 5 Newton Place, Glasgow.

Page 3 The Sub Committee, having considered the terms of the objections, agreed to support the proposed development and refer the application to the Scottish Executive for determination.

3. Garnock Valley Local Plan Area

3.1 N/03/00459/LBC: : 34-36 Bridgend

Tesco Stores, Welwyn Garden City have applied for listed building consent for the demolition of the retail and residential premises at 34-36 Bridgend, Kilbirnie. An objection has been received from Anderson Strathern, 48 Castle Street, Edinburgh on behalf of Thomson of .

The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to (a) the application being referred to the Scottish Ministers in terms of Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and (b) the following condition:-

1. That the stone from the demolished building shall be re-used in the formation of a wall along the frontage of the site with Bridgend. Details of these works shall be agreed in writing with North Ayrshire Council as planning authority prior to the commencement of the development hereby approved, and thereafter any such details which may be approved shall be completed to the satisfaction of the planning authority.

3.2 N/03/00955/OPP: Dalry: Site to east of Windyedge Farm

Mr. and Mrs. T. Duffin, Windyedge Farm, Dalry, have applied for outline planning permission for the erection of a dwellinghouse for an agricultural worker and the formation of an access and parking area on a site to the east of that address.

The Sub Committee agreed subject to the applicants entering into an agreement in terms of Section 75 of The Town and Country Planning (Scotland) Act 1997 to limit occupation of the house to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 277 of The Town and Country Planning (Scotland) Act 1997 or in forestry, or a dependent of such a person residing with him or her, or a widow or widower of such a person, 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 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.

Page 4 3. That the surface water drainage shall be excluded from the septic tank.

4. That no development shall take place until a soil porosity test has been carried out to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the septic tank shall be located in such a position as will enable it to be emptied by road tanker.

4. Irvine/ Local Plan Area

4.1 N/03/00596/PP: Irvine: 47 Ranken Crescent

Mrs. Fiona Holliman, 47 Ranken Crescent, Irvine, has applied for planning permission for the erection of a 2 storey extension to the side of a semi detached house and the erection of a 1.8 metre high boundary fence at that address.

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

1. That the proposed development would be contrary to Policy HOU10 in the Adopted Garnock Valley Local Plan and the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that by reason of its siting, scale and massing it would significantly protrude beyond the existing building line in Ranken Crescent thereby detracting from the openness and amenity of the area.

2. That the dwellinghouse would have an inadequate parking facility which would lead to on street parking and add to congestion to the detriment of road safety.

4.2 N/03/00895/PP: Kilwinning: 1-3 Gagarin Terrace

Mr. N. Basra, 89 Burns Crescent, , Irvine, has applied for planning permission for an extension to the side of the shop, installation of a new shop front and ATM to the front and alterations to the rear elevation at 1-3 Gagarin Terrace, Kilwinning. An objection has been received from Lyn Rocks, 7 Gagarin Terrace, Kilwinning.

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

1. That the lane to the north of the proposed extension shall not be used for loading/unloading in association with the operation of the shop.

4.3 N/03/00945/PP: Kilwinning: 11-13 Byres Road

J. Heally, Chequer's Bar, Byres Road, Kilwinning, has applied for planning permission for alterations and an extension to the public house and sub division to form a hot food carry out at 11-13 Byres Road, Kilwinning. A petition of objection has been received containing the signatures of 18 residents of the flats on the opposite side of Byres Road, Kilwinning.

Page 5 The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. That the proposed development would be contrary to Policy RET8 of the Adopted Irvine and Kilwinning Local Plan in that due to the lack of parking facilities it would result in parking on the adjacent trunk road in the vicinity of a traffic light controlled junction which would be detrimental to the free flow of traffic and trunk road safety.

2. That the proposed development would be contrary to the Development Control Statement of the Finalised North Ayrshire Local Plan (Excluding Isle of Arran) in that: (i) due to the lack of parking facilities it would result in parking on the adjacent trunk road in the vicinity of a traffic light controlled junction which would be detrimental to the free flow of traffic and trunk road safety; and (ii) by reason of its siting, design and external appearance, the proposed extension would detract from the appearance of the building and the amenity of the surrounding area.

4.4 N/03/00150/PP: Irvine: 30 Ballot Road

Ayrshire Storage Centre, 30 Ballot Road, Irvine, have applied for planning permission for the use of land for the purposes of the siting of 47 steel storage containers (each 2.4m x 6.1m x 2.6m) to be used in conjunction with the existing storage business and the erection of timber screen fencing at that address. Objections have been received from the residents of 18 and 19 Queens Court, Irvine.

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

1. That the use of land for the siting of 47 steel storage containers hereby permitted shall be discontinued, the containers removed and the land restored to its former condition on or before 31 December 2006.

2. That the storage containers shall be sited and numbered as indicated on the approved 1.500 Block Plan and shall not be brought into use until the self draining tarmac area has been formed and the screen fencing erected to the satisfaction of North Ayrshire Council as Planning Authority.

3. That only containers 8 - 22 shall be used by commercial operators unless varied by agreement in writing with North Ayrshire Council as Planning Authority.

4. That any loading of goods into and unloading from the steel containers shall be undertaken between the hours of 8am and 8pm on any day unless there are circumstances deemed to be an emergency.

5. That no noise generating activities such as repairs or breaking up of materials shall be carried out in the central tarmac area outwith the steel containers.

Page 6 6. That there shall be no external storage of material waste, plant or equipment outwith the steel containers.

7. That the containers shall not be used to store dangerous materials deemed to be explosive or flammable or combustible.

8. That all waste materials arising from the use of the steel container shall be deposited in the covered waste storage containers provided and sited to the west of the container site.

9. That the two hawthorn trees located adjacent to the boundary with No. 19 Queens Court shall be retained and shall not be felled without the prior written approval of North Ayrshire Council as Planning Authority.

10. That the area between containers Nos. 1 - 23 and 42 - 43 shall be planted with shrubs before the end of April 2004, details of the species to be agreed with North Ayrshire Council as Planning Authority prior to planting.

11. That if any of the existing trees and plants sited next to the perimeter and between containers 1 - 23 and 42 - 43 should within a period of 5 years from 1 January 2004 die; are removed or become seriously damaged shall be replaced in the next planting season with others of a similar site and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

12. That the proposed screen fencing to be sited between containers 1 and 27 and 42 and 43 shall be amended to be positioned immediately next to those containers with the excluded area items being landscaped with suitable plants/trees and the fencing shall be extended to screen containers 23 to 42.

13. That the existing post and wire fence shall be removed within one month of the date of this approval.

4.5 N/03/00226/PP: Irvine: Lawthorn: Site to the north of 21 Littlestane Rise

Alex Murray, 21 Littlestane Rise, Lawthorn, Irvine, has applied for planning permission for a change of use from open space to garden ground and the erection of a 1.8m boundary fence on a site to the north of that address.

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

1. That the proposed development would be contrary to Policies TOU11 and ENV7 in the Adopted Irvine/Kilwinning Local Plan in that it would have a detrimental impact on the character and appearance of the area, adversely affect the ecological value of the site, set an undesirable precedent and involve the loss of part of an area of landscape structure planting.

Page 7 2. That the proposed development would be contrary to Policy OS1 in the Finalised North Ayrshire (Excluding Isle of Arran) Local Plan in that it would have a detrimental impact upon the amenity, character and appearance of the area and set an undesirable precedent for the further incremental loss of open space.

5. North Coast and Cumbraes Local Plan Area

5.1 N/03/01001/PP: : 15 Windsor Gardens

John Franklin, 15 Windsor Gardens, Largs, has applied for planning permission for the erection of a conservatory to the rear of the semi detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. P.N. Bryce, 11 Windsor Gardens, Largs.

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

5.2 N/03/00910/PP: Largs: 5 Acre Avenue

Mrs. E. Mailer, Ground Right flat, 7 Acre Avenue, Largs, has applied for planning permission for the demolition of the existing porch, erection of extensions to the front, rear and side of the dwellinghouse, the formation of a first floor balcony and alterations to form a granny flat with the erection of a 1.8m high fence at 5 Acre Avenue, Largs. An objection has been received from Michael Mahler, 6 Duffield Drive, Largs.

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

1. The annexe as restored and altered shall be used solely as part of the existing dwellinghouse and at no time shall it be occupied as a separate residential unit.

5.3 N/03/00554/PP: : 63 Main Street

Mrs. A. Martin, 63 Main Street, West Kilbride, has applied for planning permission for alterations and extension of outhouses to form ancillary living accommodation at that address. An objection has been received from Biseed Limited, South Kilruskin Farm, West Kilbride.

The Sub Committee, having considered the terms of the objection, agreed, subject to the applicants entering into a Section 75 Agreement to ensure that the accommodation hereby approved is only occupied in conjunction with the occupation of the residential property of 63 Main Street, West Kilbride, to grant planning permission.

Page 8 5.4 N/03/01102/OPP: : Innes Park Road: Site to the east of Tapadhlea

Mr. A. Cook, 77 Innes Park Road, Skelmorlie, has applied for outline planning permission for the erection of two dwellinghouses on a site to the east of Tapadhlea, Innes Park Road, Skelmorlie. Objections have been received from J. Jarvie, 2a Golf Course Road, Mr. and Mrs. Baillie, Magdala, Innes Park Road, per Blair and Bryden, Solicitors and Mr. and Mrs. J.C. Anderson, 2d Innes Park Road, all Skelmorlie.

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

1. That the proposed development would be contrary to Policy HOU7 of the Adopted North Coast and Cumbraes Local Plan in that the proposal fails to achieve an independent access and outlook, and is likely to adversely affect the amenity of neighbouring properties.

2. That the proposed development would be contrary to the Development Control Statement of the Finalised North Ayrshire Local Plan (Excluding Isle of Arran) in that it would (i) constitute backland development; and (ii) be detrimental to the amenity of neighbouring properties.

5.5 N/02/00814/PP: West Kilbride: 89 Main Street

Mrs J. Chung, c/o ADM Limited, Portland Business Centre, Portland Road, Irvine, has applied for planning permission for a change of use from shop to hot food carry out and the installation of a rear extract flue at 89 Main Street, West Kilbride. Objections have been received from Mr. T. Cheung, Mayfair Chinese restaurant, 91 Main Street, Joyce Collins, 65 Meadowfoot Road, both West Kilbride and West Kilbride Community Council.

The application was considered at the meeting held on 8 December 2003 and continued to allow a site familiarisation visit, which has now taken place.

The Assistant Chief Executive (Legal and Protective) recommended that the application be granted subject to the following conditions:-

1. That prior to the commencement of the development hereby approved the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details of the proposed extraction/ventilation system and external flue, and thereafter any such details which may be approved shall be installed and operated to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the use hereby approved shall not operate outwith the hours of noon to midnight unless North Ayrshire Council as Planning Authority gives consent to any variation.

Page 9 The local member expressed concerns that the proposed development would result in a concentration of hot food takeaways in close proximity to each other which would adversely affect the vitality and visual amenity of the surrounding area.

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

1. The proposed use would be contrary to COM 9(b) and COM 9(c) of the adopted North Coast and Cumbraes Local Plan. The proposed use would have an adverse effect on the amenity and character of the area and would create disturbance to residential properties.

2. The proposed use would be contrary to Policy TC1 of the finalised North Ayrshire (excluding Isle of Arran) Local Plan. The proposed use, which would likely give rise to noise and disturbance, is located where there is a concentration of such uses and is in close proximity to existing housing.

6. Enforcement Notice: Irvine: 47 Woodlands Avenue

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice on the owners of the dwellinghouse at 47 Woodlands Avenue, Irvine for the removal of an unauthorised front porch and making good the external cladding.

The Sub Committee on 17 November 2003 agreed to refuse an application for planning permission for the erection of a porch at 47 Woodlands Avenue, Irvine on the basis that its design and external appearance would be out of character with the existing house and the surrounding area by reason of its size and form of construction. The decision was ratified by the Council on 24 November 2003 and the applicants were advised on 25 November 2003.

On 21 November 2003, the Council's Planning Inspector noted that the front porch in question had been substantially completed and that only some internal works were outstanding. The applicants were advised, both verbally and in writing, that the work should cease and were given 14 days to remove the porch and make good the external cladding. The applicants wrote to the Council on 11 December 2003, stating that they had submitted an appeal against the decision to refuse the application. The Scottish Executive Inquiry Reporters Office has no record of this.

The Sub Committee agreed to serve an Enforcement Notice on the owners of the dwellinghouse at 47 Woodlands Avenue, Irvine requiring the removal of the unauthorised front porch and making good the external cladding.

7. North Ayrshire (excluding Arran) Finalised Replacement Local Plan

Submitted report by the Assistant Chief Executive (Development and Promotion) on proposed alterations to the North Ayrshire (excluding Arran) Finalised Replacement Local Plan.

Page 10 A Reporter has now been appointed to hear objections to the North Ayrshire (excluding Arran) Finalised Replacement Local Plan at a Public Local Inquiry to be held on the week commencing 22 March 2004. A summary list of objections has been prepared giving details of the policies, proposals and other local matters which are the subject of objection, together with the name and address of each objector and a statement of the Council's initial response to each objection. The list is currently available for inspection in Cunninghame House, House and on the Council's website.

Details of the proposed alterations to the Local Plan, including technical and mapping alterations, were provided in appendices to the report. It is proposed to advertise these and proceed towards the Public Local Inquiry to deal with all the current unresolved objections. Such objections can either be heard at the Inquiry or made by written submission for consideration. The reporter has requested that the Chair of the Planning Sub Committee be authorised by the Council to determine any unforeseen matters arising from the Inquiry in respect of the unresolved objections, to enable these to be expedited.

The Committee agreed (a) to the proposed alterations to the Finalised Replacement Local Plan and to their immediate advertisement; and (b) to authorise the Chair to deal with any matters in relation to the unresolved objections that may arise unexpectedly at the Public Local Inquiry.

8. Naming of New Housing Development by Minerva 2000 Ltd. at Annick View, Irvine

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of new housing development at Annick View, Irvine.

That the Sub Committee agreed to name the development "Slate Mill Gardens".

The Meeting ended at 3.30 p.m.

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