Cunninghame House, Irvine.

6 November 2014

Planning Committee

You are requested to attend a Meeting of the above mentioned Committee of North Ayrshire Council to be held in the Council Chambers, Cunninghame House, Irvine on WEDNESDAY 12 NOVEMBER 2014 at 2.00 p.m. to consider the undernoted business.

Yours faithfully

Elma Murray

Chief Executive

1. Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda.

2. Minutes The accuracy of the Minutes of meeting of the Committee held on 22 October will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed).

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3. Garnock Valley Submit report on the following applications:

3.1 14/00622/ALO: Nether Crunchie, Dalry Removal of S75 obligation for agricultural occupancy restriction (copy enclosed).

3.2 14/00467/PPM: Willowyard Road, Beith Erection of 14 new warehouses comprising of 4 triple units and 1 double unit, including new access roads and associated landscaping works (copy enclosed).

4. North Coast and Cumbraes Submit report on the following application:

14/00490/PP and 14/00491/CAC: 19 Cardiff Street, Millport (a) 14/00490/PP Grant with Conditions contained in Appendix 1; (b) 14/00491/CAC Agree to grant subject to referral to Historic Scotland (copy enclosed).

5. Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997: land and buildings at 2 Smith Street, Dalry Submit report by Executive Director (Economy and Communities) on a proposed Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 requiring proper maintenance of land for the abatement of the adverse impact on the local area (copy enclosed).

6. Notices under Section 43 of The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Section 179 of the Town and Country Planning (Scotland) Act 1997: 12 Crichton Street, Millport, Cumbrae Submit report by Executive Director (Economy and Communities) to 1) Investigate the costs associated with serving a Repairs Notice under Section 43 of the The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requiring works necessary for the proper preservation of the building; and 2) A Notice Requiring Proper Maintenance of Land under Section 179 of the Town and Country Planning (Scotland) Act 1997: 12 Crichton Street, Millport, Cumbrae (copy enclosed).

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 2 Planning Committee

Sederunt: Matthew Brown (Chair) John Ferguson (Vice-Chair) Chair: Robert Barr John Bell John Bruce Joe Cullinane Ronnie McNicol Tom Marshall Attending: Jim Montgomerie Robert Steel

Apologies:

Meeting Ended:

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3 4 Agenda item 2 Planning Committee 22 October 2014

IRVINE, 22 October 2014 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m.

Present Matthew Brown, John Ferguson, Robert Barr, John Bell, Joe Cullinane, Ronnie McNicol and Robert Steel.

In Attendance J. Miller, Senior Manager (Planning, Transportation and Regeneration) and A. Hume, Senior Planning Officer (Economy and Communities); A. Craig, Team Manager (Litigation) and Melanie Anderson, Acting Committee and Member Services Manager (Chief Executive's Service).

Chair Councillor Brown in the Chair. Apologies for Absence John Bruce, Tom Marshall and Jim Montgomerie.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of the Committee held on 24 September were confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Garnock Valley

14/00467/PPM: Willowyard Road, Beith

Chivas Brothers Ltd, Willowyard Road, Beith, has applied for planning permission for the erection of 14 new warehouses comprising 4 triple units and 1 double unit, including new access roads and associated landscaping works on a site at Willowyard Road, Beith. Five letters of objection have been received, as detailed in the report.

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

Page 1 5 The Committee agreed to continue consideration of the application to the next meeting, to allow officers to seek further information on possible abatement measures in respect of the release of ethanol.

4. Irvine

4.1 14/00337/PPM: Shewalton, Irvine

W H Malcolm Limited, 865 Sive Street, Glasgow has applied for retrospective planning permission for the continuation of recycling and infilling works, including creation of landscape feature, signage and retrospective workshop, portacabins and siting of associated machinery, on a site to the north, east and west of Irvine Car Spares, Shewalton Road, Riverside Business Park. Six letters of objection have been received, as detailed in the report.

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

The Senior Manager (Planning, Transportation and Regeneration) advised of a further proposed condition in respect of the creation, in the interests of amenity, of a liaison committee for local residents.

The Committee, having considered the terms of the objections, agreed to grant the application, subject to (a) the completion of a Minute of Agreement to (i) secure road improvements along Shewalton Road from the junction with Ayr Road to the site and (ii) secure a restoration bond for both the eastern and western areas of the site; and (b) the following conditions:-

1. That the recommendations within the Environmental Assessment, submitted with the application, shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority. Details shall be submitted and approved in writing by North Ayrshire Council as Planning Authority, demonstrating the implementation of these undertakings and/or programming of these recommendations.

2. That, within two months from the date of this consent, a schedule of works for the restoration and landscape feature within the Eastern Area of the site shall be submitted for the approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the schedule of works shall include timescales for the restoration and a future maintenance programme.

3. That, within one month from the date of this consent, full details of the existing external lighting within the site shall be submitted for consideration and approval in writing by North Ayrshire Council as Planning Authority. For the avoidance of doubt, this shall include the lighting type and position within the site.

Page 2 6 4. That, within one month of the date of this consent, the applicant shall submit for the consideration and approval in writing by North Ayrshire Council as Planning Authority, a schedule of works/timescales for the widening of sections of Shewalton Road to 6m and introduce a one way section along a section of narrow road. For the avoidance of doubt, the areas to be widened and for one way operation are indicated on drawings 13001-SK-03 and 13001-SK-04 contained within Appendix C of the Transport Assessment within the Environmental Statement submitted with the application. Thereafter the works as may be agreed shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, within six months of the site becoming redundant or the cessation of the operation, the equipment and associated structures shall be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority, in accordance with the terms of a restoration scheme as may be approved by North Ayrshire Council as Planning Authority.

6. That, within 2 months of the date of this consent, details of the composition of the Liaison Committee involving local land and property owners shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the Liaison Committee involving local land and property owners, shall be implemented and maintained throughout the operation of the use hereby approved, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

4.2 14/00525/PP: 33 Kilwinning Road, Irvine

Platinum Autocare, 33 Kilwinning Road, Irvine, has applied for permission for the removal of condition 1 of planning permission 10/00246/PP to allow continued use of a carwash at that address.

The Committee agreed to grant the application.

5. Tree Preservation Order: Land at Willowyard, Beith

Submitted report by the Executive Director (Economy and Communities) on the proposed serving of a Tree Preservation Order (TPO) in respect of trees and woodland on the lands to the north of the existing bonded warehouses at Willowyard, Beith that are currently under threat from warehouse development by Chivas Brothers Limited.

Chivas Brothers Limited is pursuing the provision of new warehouse accommodation at its site at Willowyard, Beith. Planning permission has been granted for the development of new warehouses within the confines of the warehouse complex and the company is now seeking to secure planning permission for 14 new warehouses on land to the north of their existing complex and within land allocated for industrial development. This proposed extension encroaches onto an area which has its own integral landscape of individual field compartments, with a wide variety of tree and woodland features. Current discussions with Chivas Brothers about the proposed warehouse layout have led to the submission of a revised layout which looks to safeguard the avenue of trees and is welcomed. However, to ensure that these trees

Page 3 7 and other important woodland on the site boundary are adequately protected, it is proposed that a TPO be served for the proposed extension area excluding the building footprint for the proposed 14 new warehouse units.

The Committee agreed to serve a Tree Preservation Order in terms of Section 160 of the Town and Country Planning (Scotland) Act 1997 on all the trees and woodland on land at Willowyard within the boundary outlined in the plan at Appendix 1 to the report (except the building footprint for the 14 warehouses that are the subject of Planning Application Ref 14/00467/PPM) in order to protect existing trees and woodland in the interests of amenity and their cultural and historical significance.

The Meeting ended at 2.40 p.m.

Page 4 8 NORTH AYRSHIRE COUNCIL

Agenda Item 3.1 Planning Committee 12 November 2014 Planning Area Garnock Valley

Reference 14/00622/ALO Application 21st October 2014 Registered Decision Due 21st December 2014 Ward Dalry and West Kilbride

Recommendation Approve without conditions as per Appendix 1

Location Nether Crunchie, Dalry

Applicant Mhairi Blair North Kerse Lochwinnoch

Proposal Removal of S75 obligation for agricultural occupancy restriction

1.Description

This report relates to an application in terms of Section 75A of the Town and Country Planning (Scotland) Act 1997 to remove a legal obligation that was entered in to under Section 75 of the Town and Country Planning (Scotland) Act 1997. The obligation was in relation to an occupancy restriction. An application in principle for the erection of a detached dwellinghouse for an agricultural worker (ref: 08/00813/PPP) was approved by the Planning Committee on 24th February 2009, subject to a Section 75 obligation and conditions. The legal obligation restricts the occupancy of the dwellinghouse to a person employed in agriculture at Nether Crunchie or a dependant of such a person.

9 Following the approval of permission in principle, a further application (ref. 10/00210/MSC) was approved for the siting and design of the house on 10th August 2010. The resulting dwelling, known as Nether Crunchie, is a single storey dwellinghouse of rural character. In addition to the house, there is also a detached garage, a parking area and garden ground.

The application site relates to a site of some 0.17 of a hectare. It is located near to a dispersed group of houses at Kerslochmuir, which is bisected by the B707. Kerslochmuir Farm steading is located to the east of Nether Crunchie.

The application site is located within the countryside as identified in the adopted Local Development Plan (LDP) and is unaffected by any site specific policies or proposals therein. The relevant policy is ENV 2 (Housing Development in the Countryside - Housing for workers engaged in a rural business). This states that housing for workers engaged in an appropriate rural business (such as farming) shall accord with the LDP subject to meeting a range of criteria, including a genuine operational need for a dwellinghouse.

The application has been submitted due to a change of circumstances. A supporting statement has been submitted with the application which indicates that one of the original applicants is no longer able to live and work at the farm due to a deterioration in his health. As a result, he is now in long term care. In order to fund his care, his family would like to rent the house in order to generate an income. The family would like the occupancy restriction removed in order to secure a tenant from outwith the agricultural sector.

At the time of the decision to grant planning permission in principle, the determination of the application was based on the adopted development plan policy prevailing at that time. In this case, the policy was ENV 1 of the North Ayrshire Local Plan (Excluding Isle of Arran). This policy was broadly similar to the current LDP policy, and required proposals to demonstrate a "genuine operational need for a worker to live on site in pursuance of an established rural business" in order to justify the development of a new house in the countryside.

2. Consultations and Representations

None required.

10 3. Analysis

The proposal requires to be considered in terms of the adopted Local Development Plan policy ENV 2 as well as any other material planning considerations. Policy ENV 2 clearly sets out the circumstances under which new housing in the countryside can be justified. The approval of the dwellinghouse at Nether Crunchie was granted on the basis of need for a second house in pursuance of an established rural business.

The policy does not address a change of circumstances such as has been presented in this case. The daughter of the original applicant has advised that 35 acres of the farm have now been turned over to forestry, with a further 35 acres to be used for agriculture by a relative, also a farmer, who resides at Lochwinnoch, Renfrewshire. The remaining land at Kerslochmuir amounts to some 176 acres.

In terms of siting and design, Nether Crunchie is situated within an established grouping of houses in the countryside, being one of seven houses in the immediate vicinity with a road frontage onto the B707. The house has been designed with a rural character, and took into account the Council's Rural Design Guidance. Taking these matters together, Nether Crunchie meets the test of the section contained in Policy ENV 2 in relation to 'Small Scale Growth of existing rural groups'. This policy was not relevant to the original decision to grant planning permission for an agricultural workers house in 2009, but is now a key policy consideration in the adopted Local Development Plan.

In conclusion, the proposal to remove the occupancy restriction would accord with Policy ENV 2 (Small Scale Growth of existing rural groups) given the siting and design issues which are material to the consideration of a case of this type.

11 4. Full Recommendation

See Appendix 1.

KAREN YEOMANS Executive Director (Economy and Communities)

Cunninghame House, Irvine 23 October 2014

For further information please contact Mrs Fiona Knighton, Planning Officer , on 01294 324313

12 APPENDIX 1

RECOMMENDATION FOR PLANNING APPLICATION REF NO 14/00622/ALO

Agree to the removal of the S75 obligation for agricultural occupancy restriction

13 14 15 16 NORTH AYRSHIRE COUNCIL

Agenda Item 3.2 Planning Committee 12 November 2014 Planning Area Garnock Valley

Reference 14/00467/PPM Application 1st August 2014 Registered Decision Due 1st December 2014 Ward Kilbirnie and Beith

Recommendation Grant with Conditions contained in Appendix 1

Location Chivas Brothers Ltd, Willowyard Road, Beith

Applicant Chivas Brothers Limited, Kilmalid Stirling Road Dumbarton

Proposal Erection of 14 new warehouses comprising of 4 triple units and 1 double unit, including new access roads and associated landscaping works

1. Introduction

A site familiarisation visit was undertaken by the Planning Committee and Local Members on 20th October in respect of this application.

17 Consideration of this application was continued at the meeting of the Planning Committee on 22nd October to allow officers to seek further information on possible abatement measures in respect of the release of ethanol. The applicant advises that thermal oxidisers could not be adopted to mitigate the effects of the ethanol. Thermal oxidisers operate by gathering the ethanol extracts and modifying their chemical properties at high temperature. The applicant advises that Regenerative Thermal Oxidisers (RTO) would be inappropriate for use on a whisky maturation warehouse site for a number of reasons. For example, there are inadequate emissions from the warehouse to operate a RTO, and also RTOs operate at high temperatures which would create a source of ignition within the proximity of the warehouse.

The applicant further advises that the site is a COMAH site and is governed by strict guidelines set by the HSE. The COMAH Safety Report (February 2012) for Willowyard makes reference to the control of sources of ignition though the control of hot works procedure, and the policy of isolation of the warehouses when not being accessed. Both of these would be contravened by the introduction of RTOs.

These matters were raised with the Health & Safety Executive (HSE) as the relevant authority. HSE confirm that it would be difficult for a thermal oxidiser to be effective in these circumstances due to the low vapour emissions involved. In addition, such plant would indeed introduce a potential source of ignition that would subsequently need to be controlled. As an additional point, HSE advise that thermal oxidisers may also require additional quantities of dangerous substances, such as LPG, to be stored and used at the premises. This may therefore result in additional hazards being introduced to the premises (see below).

2. Description

.Planning permission is sought for the development of 14 no. warehouses to the north of the existing bonded warehouse complex at Willowyard to the west of Beith. The proposal originally sought approval for 4 triple units and 1 double unit. Following negotiation with the applicant, an amendment to the scheme has been submitted. The revisions seek approval for three triple warehouses on the western part of the site, with two of these having been reduced in floor area to better fit into the landscape. The ornamental woodlands around the former Mains House, including the tree lined avenue leading to the east, have been retained in the revised scheme, with a triple warehouse now proposed in the open ground situated between the Mains Burn woodland and the Mains House woodland. The remaining warehouse, a double unit of reduced scale, would be sited on open ground at the north east of the site with the woodland areas around it retained. All external finishes for the proposed warehouses would be olive green as per the west elevations of the recently constructed warehouses facing onto Kilbirnie Loch.

18 The application also proposes the formation of a two new access roads and bridges leading north from the existing warehouse complex across the Mains Burn. A network of site roads would be formed around the proposed warehouses, with the road widths having been reduced in places to safeguard existing trees. The sole means of access from the public road system would be via the existing Willowyard access road which links to the B777 south west of Beith. The B777 connects to the A737 trunk road at Manrahead Roundabout. The engineering operations for the site would also include the provision of swales designed to accommodate any spillages and firewater run-off. The swales would be lined with impermeable clay soil.

In addition to the retention of the ornamental woodlands around the former Mains House, the existing mature woodland around the perimeter of the site and alongside the Mains Burn would be retained, with the exception of two small areas where roads require to be constructed. However, most of the hedgerows within the site would be removed. Further tree planting, supplemented by earth mounds where required, is proposed along the edges of the site and at the edge of the Mains Burn near to the Glasgow-Ayr railway line in order to provide screening.

The site consists of 11.68 ha of undeveloped land to the north of the Mains Burn. The site consists of farmland and the wooded grounds of the former Mains House. The site is bounded to the west by the Glasgow - Ayr railway line, with Kilbirnie Loch beyond; to the north by agricultural land and several isolated houses, including Mains Lodge which is situated immediately north of the application site boundary; and to the east by agricultural land. The town of Beith lies uphill to the east and is separated from the site by agricultural land. The boundaries of the site are wooded in places, particularly to the south along the corridor of the Mains Burn. There are also linear groups of trees and hedgerows defining the edges of the site and the various fields within it. A notable feature within the site is the mature ornamental woodland associated with the former Mains House. The house was demolished in the 1970s although its wooded grounds and avenues have been retained. The woodland areas contribute much to the character and amenity of the locality.

In terms of the adopted North Ayrshire Local Development Plan, the site is allocated as an existing industrial operation in the countryside under adopted Local Development Plan (LDP) Policy IND 10. This policy recognises that there are a number of existing operations which, for safety and operational reasons, have been developed in the countryside. It is not a general industrial policy. Policy PI 8 (drainage, SuDS and flooding) and the General Policy of the LDP also applies.

19 In terms of planning history, there have been no previous planning applications for the area to the north of the Mains Burn. Within the existing complex, there have been a number of applications for additional warehouses over the period between 2012 and 2014 as a result of ongoing expansion. The total number of warehouses at Willowyard is currently 73, with planning permission approved earlier in 2014 for a further 5 (refs. 14/00291/PP and 14/00432/PP).

As the current planning application falls into the major developments category, pre-application consultation was required, and a notice (ref. 14/00180/PREAPP) was submitted on 18 March 2014, which initiated the statutory pre-application procedures. A public event was held in Beith Community Centre on 25 March 2014 and a statutory pre-application consultation report has been prepared and submitted with the proposal.

Other documentation submitted in support of the application includes a design and access statement, ecology report, tree survey and an archaeological investigation. A summary of each of the supporting documents is provided below:

Pre-application Consultation (PAC) Report The PAC report indicates that the public event held in Beith on 25 March was attended by over 70 people. Feedback was categorised into negative, neutral and positive comments. In terms of concerns regarding negative aspects associated with the proposal, loss of trees and landscape appears to have been the most significant concern. Noise, detrimental effects on wildlife and lack of community benefits were also noted as being potential concerns. Among the positive comments received was favourable feedback on amending the colour scheme for new warehousing at Willowyard in order to reduce visual impacts on the landscape. Notably, the use of a different colour scheme using olive green cladding has now been taken forward in a current development at Willowyard that is nearing completion. With respect to community benefits, although this is not a material planning consideration, the applicant held a further meeting with interested parties to discuss this topic on 24 April 2014. Any decisions on potential community benefits would be a matter for the local community to progress directly with Chivas Brothers Ltd.

Design and Access Statement The statement considers the location of the site, its topography and context within the area, the relationship with the rural landscape, Kilbirnie Loch and Beith. The statement discusses the design process and indicates that the original intention was to develop 15 warehouses. This was subsequently reduced to 14 at the time of the planning application being submitted in order to increase the perimeter zone for screen planting. Amendments to the layout have now been proposed in order to safeguard areas of established mature woodland on the site following consideration of the proposal by Planning.

20 Ecology Report This included a bat survey and an extended Phase 1 habitat survey. The survey has highlighted the potential presence of otter, badger, bats, water voles, reptiles and nesting birds within the site or land adjacent to it. Recommendations have been made for further action, which could include more survey work and/or mitigation measures to be taken during construction to avoid impacts on wildlife.

Tree Survey The tree survey report primarily considered, on an individual basis, the condition of the trees within the site and made management recommendations. The survey did not include protection measures for trees to be retained nor did it consider the amenity value of the woodlands as a whole.

Archaeological Investigation A programme of archaeological works was undertaken during August 2014. The archaeological works were designed to inform the assessment of the impact on the archaeological resource from the proposed development. In all 72 intrusive evaluation trenches were excavated amounting to an 8% sample of the proposed development area. No significant archaeological remains were uncovered. The only remains identified were field drains, furrows and features associated with the demolished 19th to 20th century Mains Farm.

3. Consultations and Representations

The application was subject to statutory neighbour notification procedures, and included the publication of an advertisement in a local newspaper for the purposes of neighbour notification on 13 August 2014 . Five members of the public have submitted objections to the proposal.

Objections 1. Lack of justification for the substantial expansion of storage capacity which has been proposed, which represents overdevelopment of the site. It is not known whether or not the remainder of the site (to the south) has been adequately developed and whether it would be possible to relocate any of the proposed warehouses in the existing developed area.

21 Response: The site is allocated for bonded warehousing in the adopted LDP. The applicant has indicated that there is a need to provide additional storage capacity in order to meet market demand for whisky that has matured for longer. There is less turnover in the bonded warehouses as a result of longer maturation periods. The area to the south has been largely developed, and several permissions have been granted in recent years for the remaining areas available. It appears that any further development would only be possible in the event of redevelopment involving the demolition of existing warehousing. The current application has been amended to make efficient use of the site whilst retaining the legacy of mature woodland that exists. It is not considered that the site would be overdeveloped, given that the mature woodland areas would be largely retained.

2. Concern over the concentration of warehousing within the most heavily wooded part of the site. There would be adverse effects on the rural landscape character of the area, including a detrimental effect on the views of Kilbirnie Loch as viewed from the A760. Furthermore, the removal of trees and hedgerows between the existing Willowyard development and the railway line would have a severe adverse effect on existing and future leisure/tourism activities at Kilbirnie Loch due to increased adverse visual impact. Screening proposals should be provided in order to reduce such adverse impacts of the development. The present proposals lack detail and are restricted only to the current site - it is considered that screening in the form of mounding and planting is also required throughout the entire site.

Response: As a result of negotiations with the applicant, the woodland around the former Mains House would now be fully retained, other than for a small area where a proposed access road would result in the loss of a small number of trees. This loss would be mitigated by new planting elsewhere. In order to safeguard these trees, it is also proposed to serve a TPO on the woodland at the site. The woodland at Mains Burn would be left largely unaltered by the proposal, other than the reconstruction of an old bridge and the formation of an access road where a number of self sown trees would be removed. The proposed width of the bridge has been indicated at 4m in order to reduce impact on the woodland. A substantial woodland landscape buffer would be retained between the existing warehouses and the proposed development. Together, the retained woodland areas would help to screen, enclose and contain some of the warehouses when viewed from the A760 and the surrounding rural area.

22 It is also considered that the rural character and topography of the area has been taken into account in the layout and design for the proposed development, and warehouses would be built using a cut and fill technique which is designed to work with the existing slope profile and reduce any significant underbuilding. Additional trees would also be planted on the site boundaries, especially alongside the railway line where there are currently large gaps in the tree cover. The colour scheme would take into account the rural character of the area. Finally, the existing development is being progressively screened through planning conditions imposed on previous developments granted in recent years.

3. Large warehouses in close proximity to nearby housing would have an adverse effect on residential amenity and create various forms of pollution. This would include loss of amenity arising from noise during construction, light pollution in the rural area, an increased safety risk due to the increased quantity of ethanol and an increased incidence of fungus resulting from the evaporation of ethanol, resulting in the blackening of buildings and trees in the vicinity. The proposal would also prejudice new housing development on allocated sites at Kings Road and Auldlea Road in Beith.

Response: Firstly, the proposed development has taken into account the proximity of nearby housing. Based on the responses from statutory consultees, the proposal does not raise any health, safety or pollution issues. The regulation of construction noise is not a material planning consideration. Should a noise nuisance arise during construction, this could be reported to Environmental Health. In terms of the impact on the amenity of the nearby housing, the retention of mature trees around the grounds of the former Mains House and on the site boundaries would help to mitigate visual impacts, as would the colour scheme used on the warehouse cladding. The proposed lighting scheme would be subject to a planning condition to ensure that the external lighting is designed and operated to minimise glare and light spill. For similar reasons, it is not considered that the development would prejudice future housing development in the area.

4. The lane to the east of the site is privately owned and any future development proposal across this lane would be strongly resisted.

Response: Noted. The land to the east of the site is not allocated for bonded warehousing development in terms of the Local Development Plan.

23 5. The proposal would result in adverse effects on the area including additional traffic and destruction of local nature. The proposal would have an adverse effect on wildlife and the site should be inspected for the presence of bats.

Response: The reduction in the number of warehouses proposed, from 15 at pre-application stage to the present 14, has been subject to further layout amendments in order to better conserve the wooded areas within the site. Traffic levels would increase but not to a significant extent, and the site is well-connected to the trunk road network at Beith. HGV traffic generated by Willowyard does not require to enter Beith or the neighbouring villages. Other traffic generated the proposal would not be significant. As noted above, considerable efforts have been made by the applicant to conserve existing trees, woodland and landscape character, although it is noted that several mature hedgerows would be lost as a result of the development. Additional tree planting would help to mitigate these losses. The site has been inspected for protected species, which included a bat survey. The survey did not indicate the presence of any bat roosts, but included recommendations as to additional survey work before any construction takes place. Further wildlife surveys could be required as a condition of any planning permission.

6. Despite its scale, the proposal would not create many additional jobs.

Response: The proposal would safeguard jobs at Willowyard.

7. Whilst the olive green cladding represents a welcome change, it is essential that this should be applied to all wall and roof panels throughout the site.

Response: Noted. There is no mechanism through the current planning application to require the applicants to retro-fit their existing warehouses at Willowyard. However, it is understood that the applicants may be prepared to adopt the olive green colour scheme when refurbishing existing buildings in the future. Again, this is a matter which the local community may wish to raise directly with the company.

8. A community benefit fund is desired. Reference to a potential foot/cycle path along the eastern shore of Kilbirnie Loch have not been referred to in the PAC report. This, other path improvements and public access/repairs to the Bark Mill is desired by the local community - the applicant has previously indicated its support for some of these developments at the meeting held in Beith on 24th April 2014.

Response: Such funds are not material planning considerations. These are all matters which the local community have raised directly with the company in the past.

24 Consultations

Arboricultural Officer - Although a tree survey has been submitted, there is no information pertaining to how existing trees will be impacted on by the development or how those retained will be protected and how any losses are to be mitigated. An arboricultural impact assessment and arboricultural method statement should be prepared within the context of trees affected by the proposed development. Also considers that a TPO would be justified in respect of the woodland around the former Mains House.

Response: In view of the amended site layout, which would reduce the loss of trees in the area around the former Mains House, a condition could be imposed with respect to the requested arboricultural impact assessment and arboricultural method statement. This could also indicate measures to protect trees during construction in accordance with the British Standards, particularly as there are now more extensive groups of trees to be retained as part of the development. With regard to the comments relating to a TPO for the Mains House area, it is proposed to serve a TPO to encompass the whole application site.

Environmental Health - no objections. Advice has been issued in relation to a number of issues relating to noisy construction activities, waste management and dust in order to avoid nuisance to neighbouring properties.

Response: The advice of Environmental Health has been issued directly to the applicants and their agents. There is no action required on these issues with respect to the planning application. Regulation of the matters raised would be for either Environmental Health or SEPA.

25 Health & Safety Executive - does not advise, on safety grounds, against the granting of planning permission in this case. In response to the concern about possible abatement measures in respect of the release of ethanol, HSE advise that the core issue in this matter (i.e. blackening of buildings, trees and other items in the vicinity of maturation warehouses) is not regarded to be a health and safety concern. Accordingly, HSE does not prescribe or advise any specific measures that should be taken to address it. With regards to the factual accuracy of the response provided by Chivas Brothers Limited (see above), which refers to potential health and safety implications from the introduction of a potential ignition source in proximity to a maturation warehouse, a Principal Specialist Inspector of Process Safety at HSE has advised that it would be difficult for thermal oxidisers to be effective in these circumstances due to the low vapour emissions involved. This issue is more of a process/technical concern rather than a health and safety issue. The HSE Specialist Inspector has also advised that thermal oxidisers would indeed introduce a potential source of ignition that would subsequently need to be controlled. This is therefore a credible issue to raise as a health and safety matter. As an additional point, HSE advise further that that thermal oxidisers would be an inefficient piece of equipment to operate and may also require additional quantities of dangerous substances, such as LPG, to be stored and used at the premises. This may therefore result in additional hazards being introduced to the premises.

Response: Noted.

SEPA - no objections. Proposals have been submitted to SEPA operations teams regarding the drainage of the site. It is still unclear whether a licence will be required under the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended). A condition requiring that the surface water discharge arrangements are to the satisfaction of SEPA is therefore recommended.

Response: A condition can be imposed to meet the requirements of SEPA.

Strategic Planning & Infrastructure (Transportation) - no objections. There would be a minimal increase in vehicular traffic as a result of this development. Therefore, there should be no transportation related issues with this development

Response: Noted.

26 West of Scotland Archaeology Service - no objections. Three potential archaeological issues are associated with this proposal. Firstly, the nearby remains of the nineteenth century Bark Mill. Secondly, the site and associated grounds of the former Mains House. Thirdly, the majority of the site has not been subject to development during the modern period, and would therefore have some potential for buried deposits relating to the several thousand years of human occupation from prehistory onwards. Pre-application discussions have taken place with the agent. Consequently, pre-evaluation trenching was agreed between the applicants and WoSAS. Trenching works were undertaken during August 2014. A survey report was submitted and duly approved by WoSAS on 7 October 2014.

Response: Noted. As acknowledged by WoSAS, the Bark Mill lies outwith the site boundary and it is not proposed to develop this area. Similarly, it is not proposed to develop the Mains House area. WoSAS has received the archaeological report prepared by the applicants archaeologist. The report of survey indicates that no significant archaeological features were uncovered during the course of the archaeological works. The only features present related to the use of the land for 19th to 21st century agriculture, including a number of furrows. Field drains were revealed across the majority of the site representing attempts to improve the drainage of the ground in order to prevent waterlogging. Accordingly, there is no further action required with respect to archaeology.

Kilbirnie & Glengarnock Community Council - no comments.

Scottish Water - no comments.

4. Analysis

Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that decisions by planning authorities shall be taken in accordance with the development plan, unless material considerations indicate otherwise. In this case, the adopted North Ayrshire Local Development Plan (LDP) is the development plan. The following LDP policies are applicable to the consideration of the proposal:

 Policy IND 10 - Existing industrial uses in the countryside  Policy PI 8 - Drainage, SUDs and flooding  General Policy

Policy IND 10 provides for existing industrial uses located in the countryside. The adopted LDP recognises that there are a number of existing operations which, for safety and operational reasons, have been developed in the countryside and the warehouses at Willowyard are an example of such a development. The proposed development falls wholly within the Policy IND 10 land allocation and therefore, in principle, accords with the provisions of the adopted Local Plan.

27 Policy PI 8 states that all development shall require to incorporate SuDS techniques. Whilst swales have been indicated on the proposed site plan, a condition can be imposed to require the submission of more detailed design drawings for the SuDS scheme. Surface water would be collected in the swales, which is a type of SuDS system, and then discharged to the Mains Burn. In the event of an emergency, fire-water and spillages would be collected in the swales which would have sufficient capacity to store the waste water. Control valves and a lining of impermeable clay soil would prevent the waste water escaping. This method would prevent pollution to local watercourses, groundwater and Kilbirnie Loch. Due to the topography of the area, which slopes generally towards Kilbirnie Loch, it is not considered that the proposed development of this site would give rise to flooding elsewhere, nor is the site at risk of flooding. The proposal therefore accords with Policy PI 8.

The proposal also requires to be assessed against the criteria in the General Policy.

In relation to (a) siting, design and external appearance, the revised proposal is considered to be satisfactory. The siting of the warehouses at the west of the site would follow the same pattern as the existing warehouses to the south, with the long elevations running parallel to the railway line and Kilbirnie Loch. At this part of the site, the ground slopes uphill from the loch. Cut and fill techniques would be used to create level platforms within the area to be developed without digging into the tree belts around the edge of the site. The two warehouses at the east of the site, where the land is generally flat, would have different alignments in order to fit onto the ground without the loss of the woodland around the former Mains House and on the site boundaries. All of the proposed warehouses would have a broadly similar scale, design and character as the existing warehousing to the south, although the external finishes would be uniform throughout, with walls and roofs being finished in an olive green coloured metal cladding. This is considered appropriate for the rural setting of the site and would be a significant contrast to all but the most recent phases at Willowyard. Conditions can be attached with respect to cut and fill details and external finishes.

28 In relation to (b) amenity, the applicants have agreed to retain the entire woodland area on the site of the former Mains House, including the double avenue of trees leading from the track to the east of the site. For vehicular access purposes, a small break at the eastern end of the avenue is proposed, although the impact would be mitigated through the retention of existing trees which form the eastern boundary of the site. At other locations where tree protection is desired, road and bridge widths have been reduced to prevent loss or damage. A condition could be imposed to seek more detailed information relating to tree protection and road design at these locations. As noted above, additional trees would be planted as part of the proposed development. Such planting would help to screen the site and compensate for the loss of hedgerows arising from the proposed development. With respect to lighting, the applicant's agent has confirmed that there is a need for external lighting in order to assist the operations at the site during hours of darkness. The external lighting scheme is to be designed in order to minimise light spill and glare, and a condition could be imposed to require the submission of the relevant details for approval. Regarding noise and vibration, the completed development is unlikely to result in any significant noise, and disturbance would be limited to vehicle movements to/from the site. These movements, in terms of number, are considered insignificant, given the nature of the warehouses. With respect to odour, bonded warehouses are known to create an ethanol odour in their vicinity due to the evaporation of the maturing spirits. This is already present at Willowyard. Regarding the impact of the development on biodiversity, the submitted ecology report makes a number of recommendations regarding habitats and protected species. This matter could be taken forward by imposing a condition requiring further survey work and, thereafter, implementing the recommendations arising the further surveys. This would ensure the survey information is up to date and enable appropriate mitigation measures to be put in place before the commencement of the development. The retention of woodland areas and the planting of more trees at the site would support the creation of new wildlife corridors. It is considered that the proposal, as amended, would be acceptable with respect to amenity.

In relation to (c) landscape character, it is considered that the retention of woodlands within and on the boundaries of the site would help to retain a rural character at the site. The use of olive green cladding would also help to soften the visual impact on the landscape character. The recommendations of the Ayrshire Landscape Assessment (1998) in relation to the Garnock Valley have been discussed with the applicant and their agents, which has informed the landscape strategy for the proposal, placing an emphasis on steering development towards sites which can allow integration of new buildings in the countryside ie. within a woodland framework or adjacent to existing buildings. These aims have been achieved in this instance, and it is therefore considered that the proposal would be acceptable with respect to landscape character.

29 In relation to (e) safeguarding zones, the Health & Safety Executive have no objections on safety grounds. SEPA have no objection to the proposal, although have recommended a condition in relation to the discharge of surface water. A condition to this effect could be imposed.

In relation to (g) infrastructure, the proposed development would connect onto the existing network of roads within the Willowyard bonded warehouse complex, and all site access/egress would be via the existing road at the south end of the site, which links to the B777 public road. There is no requirement for developer contributions towards infrastructure provision in the area as a result of the proposal.

There are no other material considerations. Approval can be granted subject to the conditions as discussed above.

4. Full Recommendation

See Appendix 1.

KAREN YEOMANS Executive Director (Economy and Communities)

Cunninghame House, Irvine 31 October 2014

For further information please contact Mr Anthony Hume, Senior Development Management Officer , on 01294 324318

30 APPENDIX 1

RECOMMENDATION FOR PLANNING APPLICATION REF NO 14/00467/PPM

Grant subject to the following conditions:-

1. That, prior to the commencement of the development, details relating to the discharge of surface water for the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority in consultation with SEPA.

2. That, prior to the commencement of the development, hereby approved, full details of tree protection measures shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The details shall comply with the principles and practices contained in "BS 5837:2012 - Trees in relation to design, demolition and construction - Recommendations." Detailed plans indicating tree protection fencing to be erected, an Arboricultural Impact Assessment and an Arboricultural Method Statement shall be submitted for written approval. Thereafter, the development shall be implemented only in accordance with such details as may be approved to the satisfaction of North Ayrshire Council as Planning Authority. For the avoidance of doubt, all tree protection measures to be erected shall be maintained in a satisfactory condition for the duration of all engineering and construction operations until the completion of the development.

3. That, prior to the commencement of the development, hereby approved, 1:1250 scale plans shall be submitted for the written approval of North Ayrshire Council as Planning Authority indicating the areas of the site where new road construction is to take place through wooded areas. The 1:1250 scale plans shall accurately indicate all trees affected by road construction works together with details of tree protection measures. As part of this exercise, road alignments and widths shall be modified as may be required in order to minimise tree loss and root damage. Thereafter, the development shall be implemented in accordance with such details as may be approved to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the commencement of the development, hereby approved, details of a tree planting scheme for the site and the lower section of the Mains Burn, to include full details of ground preparation, earth mounds, drainage works, soil treatment and a full specification of species to be planted, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the earth mounding and tree planting scheme shall be designed to screen the warehouses from the surrounding area and shall incorporate a mix of broadleaved and coniferous tree species. Thereafter, the scheme as may be approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees 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, prior to the commencement of the development, hereby approved, details of all cut and fill operations for the development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The details shall indicate existing and finished ground levels using plans and cross section drawings. Cross sections shall be provided for each warehouse platform on both north-south and east-west axes, and shall extend beyond the site boundaries. Thereafter, the site levels shall be formed in accordance with such details as may be approved to the satisfaction of North Ayrshire Council as Planning Authority.

31 6. That, prior to the commencement of the development, hereby approved, details of the security fencing for the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority. As part of this exercise, the alignment of the security fence shall be modified as may be required in order to minimise tree loss and root damage. Thereafter, the security fence shall be erected in accordance with such details as may be approved to the satisfaction of North Ayrshire Council as Planning Authority.

7. That, prior to the commencement of the development, hereby approved, confirmation shall be submitted in writing to North Ayrshire Council as Planning Authority and certified by a suitably qualified person that a scheme to treat the surface water arising from the site has been prepared in accordance with the principles and practices contained in the CIRIA "SuDS Manual (errata 2007)". Thereafter, the certified scheme shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

8. That, prior to the commencement of the development, hereby approved, an updated habitat survey shall be undertaken following an inspection of the site for the presence of bat roosts and any other protected species. In the event of any bat roosts or protected habitats being found within the site, the report shall include a mitigation plan to conserve or replace bat roosting sites and any other habitats affected by the development. The survey shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development. Any mitigation plan which may be approved shall be brought into operation prior to the commencement of site operations.

9. That, prior to the commencement of the development, hereby approved, details of the external lighting scheme shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The external lighting scheme shall be designed and operated to minimise light spill and glare. Thereafter, the external lighting scheme as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

10. That the external finishes for all warehouses within the development, hereby approved, including roofs, walls, fire separation detailing, rainwater goods and doors, shall be coloured Olive Green (RAL 100 30 20; BS 12B27) to the satisfaction of North Ayrshire Council as Planning Authority

The reason(s) for the above condition(s) are:-

1. To meet the requirements of the Scottish Environment Protection Agency.

2. To secure the preservation of trees in compliance with Section 159(a) of the Town and Country Planning (Scotland) Act 1997.

3. To secure the preservation of trees in compliance with Section 159(a) of the Town and Country Planning (Scotland) Act 1997.

4. To provide for the screening of the site.

5. In the interest of the amenity of the area.

6. To secure the preservation of trees in compliance with Section 159(a) of the Town and Country Planning (Scotland) Act 1997.

7. In the interest of the proper planning of the area.

32 8. In the interests of nature conservation.

9. In the interest of the amenity of the area.

10. In the interest of the amenity of the area.

Reason(s) for approval:

1. The proposal complies with the relevant provisions of the Local Development Plan and there are no other material considerations that indicate otherwise.

33 34 35 36 NORTH AYRSHIRE COUNCIL

Agenda Item 4 Planning Committee 12 November 2014 Planning Area North Coast and Cumbraes

Reference 14/00490/PP and 14/00491/CAC Application 14 August 2014 Registered Decision Due 14 October 2014 Ward North Coast and Cumbraes

Recommendation (a) 14/00490/PP Grant with Conditions contained in Appendix 1; (b) 14/00491/CAC Agree to grant subject to referral to Historic Scotland

Location 19 Cardiff Street Millport Isle of Cumbrae

Applicant Co-operative Group Co-operative HQ 1 Angel Square MANCHESTER

Proposal Demolition of former workshop and erection of Class 1 convenience store.

1. Introduction

At the Special Meeting of the Planning Committee on the 2nd September 2014, a call-in by Local Members was agreed in terms of the approved Scheme of Delegation, to require this application to be determined by the Committee.

37 2. Description

This application proposes the demolition of a vacant single storey commercial building and the erection of a two storey retail unit with a single storey extension to the rear at 19 Cardiff Street, Millport. The proposed retail store would have a gross floor space of 287 square metres of which the sales area would extend to 200 square metres and the back of house storage area extending to 87 square metres.

The site is located on the south side of Cardiff Street and comprises a long narrow plot some 50 metres in depth and 10 metres in width. An existing single storey building is situated adjacent to the pavement in Cardiff Street. The major part of the site to the rear is currently a disused yard, though a number of builders materials, scaffolding, storage drums, etc. are scattered about the yard.

The site is adjoined by a three storey tenement building containing residential flats to the west and to the east by a two storey residential property with a pend leading to a house whose frontage faces the rear yard of the application site and also a cycle hire shop. The garden ground of properties in Miller Street and Clyde Street adjoin to the south and to the north across Cardiff Street are two and two and half storey residential properties. Currently there is a vehicular access along the west edge of the site.

It is proposed to demolish the single storey former commercial building on the site in respect of which conservation area consent is sought. The replacement two storey building would have an eaves and ridge height to match the two storey building to the east against which it would abut. The store would extend almost entirely the full length of the plot. Access to the rear of the building would be from a narrow 1.5 metre wide lane running the entire length of the building.

In terms of the adopted North Ayrshire Local Development Plan, the site is located on the edge of the designated town centre area in Millport, where Policies TC4 and TC5 of the Local Development Plan are applicable.

Policy TC4 indicates that proposals for new retail or commercial leisure development on sites located outwith the town centres boundaries identified on LDP maps shall not accord with the LDP unless the development comprises local shops permitted in terms of Policy TC5. Policy TC5 contains three criteria which must be met to justify new local shops outwith town centres. These criteria are:

38 a) the development does not incorporate a unit of greater than 400m2 gross, and the total retail development is below 1,000m2 in size overall; AND b) the development meets a recognised local need. Determination of local need will include a consideration of the range of facilities available which already serve all or part of the catchment of the proposed unit. Where there are at least two existing units providing the same or similar services to a majority of the catchment of the proposed unit, no need for the proposed unit will be demonstrated; AND c) it is located where it can be conveniently accessed on foot from adjacent, existing development.

In this case the catchment will generally refer to the walk in catchment of the proposed unit, with 300m from the unit being an indicative figure for the boundary of the catchment.

The proposal includes the demolition of an existing building on the site, although unlisted, the building is located within Millport Conservation Area therefore its demolition must be assessed with respect to Policy HE 1 of the Local Development Plan. All applications require to be assessed against the General Policy where the relevant criteria would be a) Siting, Design and External Appearance, b) Amenity, and d) access, road layout and parking provision.

In order to describe the development in relation to these policies the applicant has submitted supporting Planning, Design, Retail Impact, Noise Impact and Transport and Servicing Statements. A summary of each supporting document is provided below:

Supporting Planning Statement

The statement considers the proposed development with respect to the site, the proposed development and existing Local Plan Policy. The statement reflects on the proposed impact of the new retail store on the existing town centre and the proposals to demolish an unlisted building within the conservation area. Overall the statement concludes that the proposal will bring a redundant brownfield site back into meaningful use, delivering a wide range of benefits for the environment and residents of Millport.

Design Statement

The statement considers the location of the site, its topography and context within the area, outlining the design process followed in order to inform the development of the design concept for the new building. The statement outlines the proposed materials and design of the new development, indicating that materials for the rear extension, windows or doors have yet to agreed, but rendered elevations and timber windows/doors would be suitable materials given the sites location within Millport Conservation Area.

39 Retail Impact Assessment

The retail impact assessment considers the retail effects of the proposals, having regard to relevant local development plan policies and the requirements of Scottish Planning Policy. The assessment contains a town centre health check which is used to justify the proposals and measure the impact of the new development on the viability of the town centre. The assessment maintains that the application site is the only available, viable and commercially suitable site within the area that is capable of accommodating the new store. It also concludes that the town centre is in good health and that the new store will not compete with the majority of existing retailers in the town centre and will instead play a complementary role to the existing retail offerings.

Noise Impact Assessment

The noise impact assessment provides details on the proposed location of refrigeration plant, the methodology in assessing noise impact and details of the existing baseline noise survey. The statement further describes the analysis involved in assessing the potential impact on residential amenity. The statement recommends that based on the baseline noise survey that full details of any plant be submitted and assessed against strict guidelines to limit impact on residential amenity.

Transport and Servicing Statement.

The assessment considers delivery times and associated frequency of servicing. To resolve concerns with respect to noise and impact on road safety the report provides a specification for delivery vehicles, potential loading/unloading arrangements and sets out a practical code of conduct for those involved in servicing the development including instructing loading/unloading to occur on Cardiff Street, limiting delivery times and conditions for drivers to reduce noise during delivery.

2. Consultations and Representations

Neighbour notification notices were served on 14th and 15th August 2014 and the application was advertised in a local newspaper on 27th August 2014 as development affecting a conservation area. The Conservation Area Consent application was advertised in a local newspaper on 27th August 2014 and in the Edinburgh Gazette on 29th August 2014; site notices were also posted.

Thirty five letters of objection have been received, including letters from Kenneth Gibson MSP, Katy Clark MP, Cumbrae Community Development Company and one letter of support.

40 Grounds:-

1. Servicing/Road Safety - It is assumed that deliveries will be made to the store at least six days per week if the applicant is to maintain the standards of fresh produce that existing businesses already provide. Cardiff Street is the main road on the Island and has nine disabled parking spaces used on a daily basis. There are disabled parking spaces on either side of the site and directly opposite. These spaces are continually used and if the delivery vehicle has to double park there is a real danger of an accident occurring. Cardiff Street meets Westbay Road on a particularly bad blind bend. There are various businesses adjacent to Cardiff Street and the unloading of the delivery vehicles would cause chaos due to double parking leading to traffic congestion and potential accidents. There is a cycle hire business operating in Cardiff Street and cyclists generally cycle on the pavement to return their cycles to the shop which is next door to the proposed store.

Response - Cardiff Street is a broad thoroughfare having a carriageway width of at least 12 metres and appears to be able to cope with the existing usage and demand for parking. The applicant was asked to confirm servicing arrangements (See Strategic Planning & Infrastructure response below). The junction of Cardiff Street and Westbay Road is some 65 metres to the north-west and service vehicles delivering to the proposed shop are unlikely to cause difficulties for road users negotiating the bend in the road.

2. Parking - Parking is at a premium in Cardiff Street particularly with regard to the 9 disabled bays that exist. Cardiff Street currently suffers from lack of parking in what is a predominantly residential area.

Response - See Strategic Planning & Infrastructure response below.

41 3. There is no need for the proposed store - Policy TC5 of the LDP states that where there at least two existing units providing the same or similar services to a majority of the catchment of the proposed unit, no need for the unit will be demonstrated. The supporting statement states that the convenience retail offer in Millport is very limited and cites a store in Guildford Street as the sole convenience store on the Island. Between the proposed Co-op store and the Premier store which the applicant says is 400 metres away, there are six businesses while a seventh exists 200 metres further along in Glasgow Street. There is therefore a comprehensive retail offer in Millport and a more than adequate one. This does not take into account the numerous gift shops, cafes, hardware stores, restaurants, pubs, hairdressers, beautician, bank, lawyers officer etc. that one would expect to see in a village centre. The total business available to the shops is not massive and if the Co-op store opens many of the existing shops would close. The Island economy would be adversely affected. Small independent retailers that have served the Islanders faithfully and tirelessly over the years would be lost. The existing businesses are owned and run by locals who reinvest well within the community through profits and wages. The Co-op profits would leave the island on the other hand. The supporting statement claims that the proposal will not threaten the town centre. The fact of the matter is that it will - there is little or no passing trade in Millport. The population is not infinite and if consumers choose to shop in the Co-op then they would lose the small independent retailers.

Response - See Analysis. Policy TC5 states that the catchment will generally refer to the walk-in catchment of the proposed unit, with 300 metres from the unit being an indicative figure for the boundary of the catchment. The impact of the development on a competitor business is not a material planning consideration. The applicant has provided a Retail Statement which assesses the spending potential of the Island population and whether there is capacity for increase retailing, i.e. whether there is spend capacity to absorb the proposed retail unit without adversely affecting existing retail businesses. It is not considered that given the location and scale of the proposed development and the existing retail offer, that the proposal would adversely affect the vitality or viability of the town centre and therefore complies with Planning Policy TC5.

4. The applicant claims that the existing building on the site does not meet the requirements of modern day retailing and has no historic significance. It is argued that the buildings history as a farriers workshop does have some historic value - it does not need to meet the requirements of modern day retailer because it is not needed as one.

Response - The existing building while located in the conservation area is not listed as being of architectural or historic interest. Historic Scotland had no objection to its removal (see below).

42 5. Impact on tourism - the closure of local shops would have a large impact on the island's tourism as a derelict front street/prom would not entice holiday markers/day trippers to what is at present a very picturesque, unique and character full town.

Response - See Analysis. The Retail Statement submitted by the applicant considers that the scale and location of the new development is such that it will not have a detrimental impact on the health of the town centre.

6. Impact on dwellinghouse at 17b Cardiff Street - the garden wall of 17b is only 6ft away from the 5ft high boundary wall and at present No. 17b has an open aspect. The proposed building which would adjoin the 5ft high boundary wall, would be over 12ft to eaves level and 20ft to the ridge which would be unacceptable in terms of the outlook from no. 17b. There is also concern about noise generated from the refrigeration units which would be running all the time.

Response - the applicants were asked to consider revising the scale and finish to the side wall of the store to minimise its impact on the outlook from No. 17B. See Environmental Health's response with regard to plant noise.

7. Noise from delivery vehicles which would be close to the bay windows of properties in Cardiff Street. There is also the possibility of youths gathering outside in the evenings creating noise.

Response - Concerns about excessive noise from delivery vehicles would be addressed by Environmental Health. While the type of store proposed is unlikely to attract groups of youths in the evenings, this is essentially a police matter if residential properties are affected by unruly behaviour, etc.

8. Closure of existing businesses - would conflict with the Council's Millport Conservation Area Appraisal. Shop fronts play a major role in the character of the historic streets - they help to attract more customers to individual shops and enhance our town centres creating attractive places to live and work.

Response - See Analysis. The Retail Statement submitted by the applicant considers that the scale and location of the new development is such that it will not have a detrimental impact on the health of the town centre.

9. No details have been provided regarding bin storage arrangements.

Response - A condition could be imposed in this regard.

43 10. The proposal contravenes Scottish Planning Policy published in June 2014 paragraph 28 which states that the planning system should support economically, environmentally and socially sustainable places by enabling development that balances the costs and benefits of a proposal of the longer term.

Response - the Retail Statement provided by the applicant indicates that the proposal incorporates a combination of measures to tackle climate change and meet environmental commitments in that it will encourage those who live close to the site to walk to the store leading to a reduction in the need to drive to alternative locations for shopping purposes, thus contributing to the objectives of sustainable development as set out in Scottish Planning Policy. The Statement also indicates that the proposals would further contribute to sustainable economic development by reducing the distance that local residents have to travel to meet their shopping requirements while there would be economic benefits for Millport as the store would generate new jobs together with other benefits for contractors and local suppliers.

11. The proposal will undermine sustainable economic growth as outlined in Scottish Planning Policy - the Scottish Government's TCRF Case Studies Report states "9.3 the strategy of the emerging North Ayrshire Local Development Plan proposes that future development within the areas towns should take place within a hierarchical structure, reflecting the scale and character of the towns. Millport's small scale, historical character and the fact that it is located on an island mean that future development activity in the town is likely to be relatively limited, orientated towards community development needs and services for the local catchment area". The grocery needs of Millport are currently well served by the existing businesses.

Response - The Retail Statement highlights that Scottish Planning Policy advises development should be at an appropriate scale to fit with existing centres with the aim to encourage development that supports the viability and vitality of town centres. Policy TC5 of the Local Development Plan is primarily used to assess the appropriateness of new retail development. The analysis considers that given the current provisions of services within the town centre the development is such that its scale is acceptable for the town centre.

12. A two storey convenience store is not in keeping with the ambience of the general area which is also part of the conservation plan for Millport Regeneration.

Response - The area is characterised by a mixture of commercial and residential uses. The scale of the frontage premises is in keeping with the scale of existing developments in Cardiff Street.

44 13. Overlooking/Loss of Privacy - adjacent owners will be negatively affected.

Response - The position of windows on the building are such that there will be no adverse impact on the privacy of neighbouring residential properties.

14. Overshadowing/loss of light - the proposed building would have some negative effect on current levels and would negatively affect local residents.

Response - Due to the scale and orientation of the building the property that would be most affected would be 17b Cardiff Street. The applicant has submitted a sunpath analysis which highlights that no detrimental impact on neighbouring amenity will occur.

Grounds of support :

1. This application will be good for the Island bringing possible jobs for the young people in retail with the prospect of a career and competition which can only enhance the Island's population. Choice is a good thing as ferry fares increase year on year. It is not cheap to have go to the mainland as shopping is limited on Millport. It can only be good to fill an empty space with a business the island needs. Too many shops have been turned into homes after closing - we have to look to the future.

Response - noted.

45 Consultations:

Environmental Health - No objection. If hot foods are to be prepared on the premises details of the kitchen ventilation and odour removal system will require to be submitted. Due to the proximity of noise sensitive premises, external plant must not cause nuisance and must not exceed existing background noise levels by 5dB(A) or more at the curtilage of nearby noise sensitive premises.

Response - Noted. Conditions could be imposed with regard to these matters. The applicants could also be advised by note of other matters raised by Environmental Health regarding food room layouts, external lighting, operating times for noisy demolition, construction plant, machinery and operating methods to be selected to minimise noise and vibration, provision of electricity by generator between 2300 and 0800 hours, demolition and/or construction work not to cause noise or dust nuisance, any asbestos material encountered during demolition to be dealt with in accordance with all relevant legislation and codes of practice and appropriate arrangements must be made for the removal and proper disposal of waste material off site - burning of waste is not permitted unless exempt by SEPA.

Strategic Planning & Infrastructure - A Transport and Servicing Statement has been submitted. Strategic Planning & Infrastructure (SPI) has no objections to this proposal.

Response - Noted.

West of Scotland Archaeology Service - No Objection. Given the potential for archaeological remains within the site if the Council is minded to grant consent to the application, it is recommended that an archaeological condition be attached to any consent granted to allow the outstanding potential issues to be addressed during the development process.

Response - Noted. A condition could be imposed with regard to this matter.

Historic Scotland - No objection. Historic Scotland consider that the building makes little contribution to the character of the conservation area, and that the proposed use of traditional materials in the new building would be an enhancement to the current situation.

Response - Noted.

46 3. Analysis

Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 require that decisions by planning authorities shall be taken in accordance with the development plan, unless material considerations indicate otherwise.

In this case, the determining issues are whether the proposal: a) is acceptable in principle and would have a detrimental impact on vitality of the town centre; b) the demolition of the building would adversely affect the character and appearance of the conservation area; c) the proposals for the redevelopment of the cleared site are acceptable in terms of design and form, choice of materials in respect to its affect on the character and appearance of the surrounding area; d) would have an adverse impact on residential amenity, and e) would have any adverse impact on road safety.

(a) The application proposes the demolition of a vacant building and the erection of a new Class 1 (Retail) store. As the site is located on the edge of the designated town centre area in Millport, Policies TC4 and TC5 of the Local Development Plan are applicable.

Policy TC4 stipulates that proposals are acceptable where development comprises local shops permitted in terms of Policy TC5. As the scale of the unit complies with criteria (a) of Policy TC5, the development therefore, in principle, accords with the provisions of Policy TC4 of the adopted Local Plan.

Policy TC5 indicates that proposals for new local shops outwith town centres are accessed against criterion (a), (b) and (c).

Criterion (a) of Policy TC5 requires that development does not incorporate a unit greater than 400sqm gross and the total retail element is below 1000sqm in size overall. As the proposed shop is 287sqm gross with a retail element covering 200sqm, the development complies with criterion (a).

Criterion (b) of Policy TC5 indicates that new development must meet a recognised local need and that no more than two units provide the same or similar services to a majority of the catchment area. For the avoidance of doubt the catchment area in this case can be considered to be 300m from the site. In assessing this recognisable need the applicant has conducted an assessment of the town centre and submitted a Retail Impact Assessment.

47 The Retail Impact Assessment includes an assessment of facilities within Millport town centre and highlights that the only convenience store in Millport of a demonstrable scale to this proposal is the existing Premier Store on Stuart Street, over 400m from the application site. The assessment does highlight that there are two small newsagents with net sales areas of approximately 23sqm and 30sqm. One unit is in close proximity to the site, Caldwells, and the other is located outwith 300m of the site. It is not considered that these units are of demonstrable scale to this development and as such it is considered that the proposal complies with criterion (b).

Criterion (c) of the Policy considers that new development must be conveniently located so that it may be accessed on foot from adjacent development. As the site is located on the boundary of the town centre and given the scale of the town centre in Millport the proposal is appropriate for the location and will be readily accessed on foot from the existing commercial centre on the promenade.

Therefore, although concern has been raised with respect to this development, as the proposal meets Policy TC4 and the criterion (a), (b) and (c) of Policy TC5 the proposal complies with the Local Development Plan. The principle of the change of use is acceptable.

Policy HE 1 relates to development within Conservation Areas. Proposal which would have an adverse impact on the character of the Conservation Area would not be supported. The site is occupied currently by a vacant one storey building. Although unlisted the building is located within Millport Conservation Area therefore its demolition must be assessed with respect to Policy HE 1 of the Local Development Plan.

The applicant has submitted a Planning Statement which considers that the building is not considered to be prominent or significant and makes little or no contribution to the conservation area. It further indicates that the existing property is in poor condition and has lacked any real maintenance for years. Its current scale, height and layout are not suitable for the proposed Class 1 convenience use. The existing building on the site is not of local or architectural interest and does not contribute to the essential character of Millport Conservation Area. This building offers little visual interest and its removal would have no significant adverse effect on the character and appearance of the conservation area, subject to an appropriate alternative development.

The associated application for the redevelopment of the site has addressed the issues of scale, form, design and use of the site, as such demolition of the existing building is considered to be appropriate offering significant benefit to the area. The principle of demolition of the existing building would have limited impact on the character and appearance of the surrounding area and is considered acceptable. The proposal accords with Policy HE 1.

48 In terms of the General Policy criterion (a) in place of the demolished building, the application proposes the erection of a traditional two storey rendered building with pitched roof facing onto Cardiff Street and a one storey pitched roof extension to the rear, which is acceptable. The General Policy of the Local Development Plan considers that new development should have regard to existing townscape with consideration given to the locality in terms of style, fenestration, materials and colours.

The replacement two storey building would have an eaves and ridge height to match the two storey building to the east against which it would abut. The store would extend almost entirely the full length of the plot however the eaves and ridge height of the dual pitch roof of the rear building, would be lower than the eaves and ridge of the frontage building. The frontage of the building would be rendered and have large areas of glazing on the ground floor that reflect the proposed commercial use of the building whilst also respecting the character of buildings on the street. Casement style windows would be provided on the upper floor with raised banding around them. The walls would be rendered and the roof clad with slate.

The Design Statement submitted by the applicant indicates that materials for the rear extension, windows or doors have yet to agreed, but rendered elevations and timber windows/doors would be suitable materials. A planning condition is proposed to require that details of materials be submitted prior to development taking place. Similarly the applicant has indicated that the design of signage is yet to be agreed although the applicants have been advised that a suitable heritage type signage would be permitted in order to reflect the historic character of the conservation area.

The buildings scale, design and proportions reflect the adjoining building to the east and that of many commercial properties within the area and as such would provide an attractive infill development on an otherwise derelict site. The design of the proposed new development is acceptable, subject to conditions on signage and materials.

In respect of criterion ((b), concern has been raised with respect to noise, smells and disturbance as a result of the erection of this Class 1 unit. The General Policy considers that new development should have regard to impact on amenity. The application site is a vacant with residential properties immediately adjacent. In this case concerns highlighted by objections have been assessed by Environmental Health and it is considered that subject to conditions on noise and ventilation residential amenity would not be significantly affected. The concerns regarding deliveries and disturbance from youths are not material planning considerations.

49 With respect to concerns raised regarding privacy and outlook, the position of windows on the building are such that they would not impact on the privacy of neighbouring properties. The outlook from neighbouring properties would be affected as the rear of the site is currently vacant. Given the scale of the new development the degree of any impact on outlook would be limited. The right to a view is not a material planning consideration.

The applicant has provided a sun path analysis which indicates that instances of overshadowing would occur to the North of the site onto the public road. To the West, a small proportion of the rear garden would be adversely affected but given its orientation to the south and scale of the garden, the affect would be limited. To the East the diagrams illustrate that any overshadowing would fall upon a path accessing the properties to the rear of 15 Cardiff Street and would not impact on any garden ground. In these circumstances the proposal accords with criterion (b)..

In respect of criterion (d), the applicant has submitted a Transport and Servicing Statement. It is not considered that the proposal would result in a significant increase in traffic. It is noted that Strategic Planning & Infrastructure does not object to the proposal.

There are no other material considerations, therefore the application is recommended for approval, subject to the attached conditions.

4. Full Recommendation See Appendix 1.

KAREN YEOMANS Executive Director (Economy and Communities)

Cunninghame House, Irvine 29 September 2014

For further information please contact James Miller, Senior Manager , on 01294 324315.

50 APPENDIX 1

RECOMMENDATION FOR PLANNING APPLICATION REF NO 14/00490/PP

Grant 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, details of all external finishes to the walls, roof, windows and doors. There after any such details which may be approved shall be implemented and maintained to the satisfaction of North Ayrshire Council as Planning Authority,

2. That, no development shall take place until full details of, proposed external plant including any air conditioning units, external condenser units for fridges/freezer, ventilation systems or other plant, are submitted and agreed in writing by North Ayrshire Council, as Planning Authority. There after any such details which may be approved shall be implemented and maintained to the satisfaction of North Ayrshire Council as Planning Authority, The rated noise level as defined in BS 4142 of such plant shall not exceed the existing background noise level by 5dB(A) or more at the curtilage of nearby noise sensitive premises.

3. 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 Scotland Archaeology Service, and approved by North Ayrshire Council, as 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.

4. That the siting and design of the waste and recycling bins shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Thereafter the siting and design of the waste and recycling bins, which may be approved, shall be implemented and maintained to the satisfaction of North Ayrshire Council as Planning Authority,

5. That, prior to the commencement of the development, hereby approved, details of the surface and foul drainage/sewage disposal scheme, as certified by the relevant authority or a suitably qualified person, shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority.

6. That, the building, 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 5.

The reason(s) for the above condition(s) are:-

1. In the interests of the Conservation Area and the amenity of the area.

2. To meet the requirements of Environmental Health.

3. In recognition of the archaeological significance of the site.

51 4. To meet the requirements of Environment and Related Services (Waste).

5. To ensure a suitable standard of drainage and disposal.

6. In the interests of public health.

Reason(s) for approval:

1. The proposal complies with the relevant provisions of the Local Development Plan and there are no other material considerations that indicate otherwise.

RECOMMENDATION FOR CONSERVATION AREA CONSENT REF NO 14/00491/CAC

Grant subject to the following conditions:-

1. That, prior to the commencement of the development, hereby approved, details relating to the timescale of the development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. For clarification, the erection of the new building shall be commenced within 3 months of the existing building being demolished, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

The reason(s) for the above condition(s) are:-

1. In the interests of the Conservation Area.

52 53 54 NORTH AYRSHIRE COUNCIL

Agenda Item 5 12 November 2014

Planning Committee

Subject: Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997: land and buildings at 2 Smith Street, Dalry

Purpose: To seek approval to serve a Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 requiring proper maintenance of land for the abatement of the adverse impact on the local area.

Recommendation: That the Committee approves the serving of a Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 to abate the adverse impact of the land on the local area.

1. Introduction

1.1 This report recommends the service of a Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 ("Wasteland Notice") in relation to the land and buildings at 2 Smith Street, Dalry. A Wasteland Notice allows the Council as Planning Authority to serve on the owner, lessee and occupier of the land which is adversely affecting the amenity of any part of the area a notice requiring steps to be taken to abate the adverse affect of the condition of the land.

1.2 The land and buildings comprises the former Dalry Police Station. To the north and west of the site are residential dwellinghouses; to the east are several commercial uses, dwellings and lock-up garages; to the south is a public car park, adajcent to which is an area of public open space. Beyond the car park is the A737 trunk road (New Street).

1.3 The buildings and land have been vacant since the closure of Dalry Police Station in 2006. As a result of lack of use and maintenance, the site is becoming overgrown with self-sown trees, weeds and has attracted fly tipping. The building is partially boarded up and has a poorly maintained appearance. The condition of this prominent site has deteriorated to an extent that it is now detrimental to the amenity of the area.

55 2. Current Position

2.1 Planning permission was approved for the conversion of the police station into a dwellinghouse on 16th November 2007 (ref. 07/00961/PP). Permission was also approved at that time for the erection of a block of four dwelling flats to the rear. It appears that work commenced on the conversion of the police station following the approval of a Building Warrant in 2008. However, works ceased a number of years ago and the Building Warrant has since expired. Planning Permission for the flatted development has also lapsed. The site appears top have been abandoned.

2.2 A number of complaints about the run-down state of the building and the land have been received over a period of several years (ref. 13/00050/LAND). Following the complaints, the owner of the site has been requested in writing to remedy the situation. However, to date, no action has been taken to address the substantial issues requiring improvement. The most recent complaint was made by Dalry Community Council by letter dated 13th October 2014.

3. Proposals

3.1 The condition of the land and buildings at 2 Smith Street is having a significant adverse impact upon the amenity of the area. The site is located within a residential area on the fringes of the town centre, and is adjacent to the busy A737 trunk road which passes through Dalry. There are dwellinghouses directly adjacent and opposite, and the site fronts onto a public car park beside the trunk road.

56 3.2 In the interest of the amenity of the area it is proposed that the Committee approve the serving of a notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 to secure the following:

i. Remove from the site all vegetation, including weeds, bushes and saplings from stone chipped areas adjacent to Smith Street and in front of the building facing New Street

ii. Remove from the site all debris, refuse, vegetation and redundant fence panels within rear and side yard areas

iii. Strip off flaking paint from fascias, soffits and bargeboards on former police station and attached cell block

iv. Repaint fascias, soffits and bargeboards and downpipes in white

v. Board up all first floor windows on former police station with exterior grade plywood

vi. Paint all window boards black and form dummy window frames using white paint on both the former police station and attached cell block (excluding rear ground floor windows on police station and cell block since these are hidden from public view).

4. Implications

Financial Implications

4.1 Should any requirement of the Notice not be complied with following expiry of the compliance period the Council as Planning Authority may enter the land and carry out such steps in order to achieve compliance with the requirements of the Notice. The Council may then seek to recover from the person who was then the owner or lessee any expenses reasonably incurred during the carrying out of those works.

Human Resource Implications

4.2 N/A

Legal Implications

4.3 The proposed Wasteland Notice is in accordance with statutory regulations.

Equality Implications

4.4 N/A

57 Environmental and Sustainability Implications

4.5 N/A

Implications for Key Priorities

4.6 The proposed Wasteland Notice supports the Single Outcome Agreement Local Outcome 12a "The Environment is Protected and Enhanced"

Community Benefit Implications

4.7 The proposed Wasteland Notice would address a complaint which has been received from Dalry Community Council in response to concerns which have been raised by the local community over a number of years.

5. Consultations

5.1 Finance and Property Services have been advised of the report in terms of its budgetary provision.

6. Conclusion

6.1 It is considered that the owner of the property has been given sufficient notice and opportunity to take steps to abate the significant adverse impact which the condition of the land and building has upon local amenity with no action being taken by them to deal with the situation. The service of a Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 would appear the only option to the Council to ensure the adverse impact and local amenity is abated.

KAREN YEOMANS Executive Director (Economy and Communities)

Reference : FK/AH For further information please contact Mrs Fiona Knighton, Planning Officer on 01294 324313 Background Papers None.

58 59 60 NORTH AYRSHIRE COUNCIL

Agenda Item 6 12 November 2014

Planning Committee

Subject: Notices under Section 43 of The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Section 179 of the Town and Country Planning (Scotland) Act 1997: 12 Crichton Street, Millport' KA28 0ET

Purpose: To seek approval to: 1) Investigate the costs associated with serving a Repairs Notice under Section 43 of the The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requiring works necessary for the proper preservation of the building; and 2) A Notice Requiring Proper Maintenance of Land under Section 179 of the Town and Country Planning (Scotland) Act 1997: 12 Crichton Street, Millport KA28 0ET

Recommendation: That the Committee approves the investigation of the costs associated with serving a Repairs Notice under Section 43 of the The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requiring works necessary for the proper preservation of the building and service of a Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997

1. Introduction

1.1 This report recommends that Committee agree to the Planning Authority investigating the costs and implications associated with serving a Notice under Section 43 ("Repairs Notice") of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ("the Act"). In the meantime the report recommends the service of a Section 179 ("Amenity Notice") of the Town and Country Planning (Scotland) Act 1997 in relation to a building at 12 Crichton Street, Millport, Isle of Cumbrae.

61 1.2 A Repairs Notice allows the Council as Planning Authority to serve on the owner of a listed building, which is considered to be in disrepair, a notice requiring works to be carried out which are reasonably necessary for the proper preservation of that building. A Repairs Notice may be a preliminary to the compulsory purchase of a property under Section 42 of the Act. Therefore, consideration must be given to the valuation of the site, in its current condition, and the costs associated with complying with the terms of the Repairs Notice.

1.3 The building at 12 Crichton Street is a mid-terraced dwellinghouse located on the west side of the street, towards its northern end. The property faces onto the seafront and has a rear garden adjoining Crawford Street. The property is a Category 'B' listed building, listed on 14 April 1971 as part of a group inclusive of 12-28 Crichton Street (even numbers only). The property is located within the Millport Conservation Area.

1.4 The property is vacant and has been so for several years. The condition of the property has deteriorated over that time despite the Council seeking repairs to be carried out by the owner. The roof has been removed and not re-built. The disrepair of the property is worsening due to the complete lack of protection from wind and water ingress. As such to protect this listed building and the properties that adjoin the site it is considered that works are required for its proper preservation. Such works would also lessen the adverse impact the building is having on the Millport Conservation Area.

1.5 The owner has recently advised that the site is currently for sale.

2. Current Position

2.1 For several years the Council has pursued the repair of the property to be undertaken by the owner.

2.2 A report to the Planning Committee, 5th December 2012, recommended the issue of a Repairs Notice. The Committee determined to continue that item for further consideration. Subsequently a report recommending the issue of a Notice under Section 49 ("Urgent Repairs Notice") was presented to the Planning Committee, 13th March 2013. This Urgent Repairs Notice, which required the roof to be supported and the rear roof plane to be boarded, was agreed and issued 10th May 2013. The roof was supported, however, the owner then sought the Council's agreement to a more permanent solution. Advice from the owner's structural engineer resulted in the removal of the roof from the building. No formal consent was sought for this work.

62 2.3 Following removal of the roof, the owner's structural engineer stated that repair works were required for the front and rear elevation walls before the roof could be re-built. The owner was requested to undertake these works. However no further works have taken place and the property remains in its roofless state. The front and rear elevations are also in a state of disrepair. Given the failure of the owner to undertake these works, it is now recommended that a Repairs Notice be considered.

2.4 In the same period the front elevation of the property has fallen into disrepair and appears to be in poor condition, to the detriment of the visual amenity of the street. The requirements of the Section 43 Notice are unable to deal with this particular issue, therefore it is considered appropriate to take action and serve an Amenity Notice. This notice will require the owner to board up existing openings and paint the front elevation, and boarding, appropriately.

Legal and Financial Implications

2.5 The Amenity Notice would require the owner to improve the appearance of the building at the front. A person on whom the notice is served, or any other person having an interest in the land to which the notice relates, may appeal the notice prior to the date on which it is to take effect. However non-compliance will permit the Planning Authority to take direct action.

2.6 A Repairs Notice must specify the works the Council, as Planning Authority, consider necessary for the proper preservation of the building. Should the owner not carry out the works, the Council can not report them to the Procurator Fiscal for non-compliance nor carry out the works itself. The only further action the Council can take is to seek permission from the Scottish Government to compulsory purchase the building.

2.7 Where the Scottish Government are satisfied that reasonable steps are not being taken for properly preserving a listed building, they can, under Section 42 of the Act, authorise a planning authority to acquire the building. Such action, however, can not be started until at least 2 months have passed since the issue of a Repairs Notice.

63 2.8 The compensation payable to the owner of a property to be compulsory purchased is assessed on the assumption that listed building consent would be granted for any works for the alteration or extension of the building, or its demolition and redevelopment for purposes specified in the Town and Country Planning (Scotland) Act 1997 (as amended). With respect to 12 Crichton Street, planning permission and listed building consent were granted June 2013 for 'Alterations and erection of rear extension, installation of two front and two rear roof lights, installation of new windows and erection of a detached garage to the rear of mid terraced dwelling house,' (ref: 13/00288/PP and 13/00289/LBC).

2.9 The minimum amount of compensation will be payable in the case of a listed building that has deliberately been left derelict. The Council may make such a direction when they are satisfied that the building has been deliberately allowed to fall into disrepair for the purposes of justifying its demolition and the redevelopment of the site. Consideration will be given to providing minimum compensation should the matter progress that far.

2.10 Where a property is acquired compulsorily, the Council, as Planning Authority, can make such arrangements to its management, use or disposal as they consider appropriate for the purpose of its preservation.

2.11 Legal Services has raised concerns with respect to the financial implications of serving a Section 43 Notice. However in response it is considered that there is now no other route open to the Council, given that the voluntary means of securing the repair has been exhausted. Prior to proposing the service of a Repairs Notice it is considered that a valuation of the property as well as a structural survey and cost analysis by a Structural and Quantity Surveyor be instructed. This will provide a valuation for purchasing the land in its current condition and potential cost to the Council for carrying out remedial repairs. Once the financial implications are confirmed the detail and cost would be reported back to planning committee for approval prior to taking any further action.

64 3. Proposals

3.1 In the interest of the proper preservation of the building it is proposed that the Committee agree to the investigation of the costs associated with serving a Repairs Notice under Section 43 of the The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requiring works necessary for the proper preservation of the building.

3.2 To deal with the current condition of the site it is also proposed to serve an Amenity Notice under Section 179 of the Town and Country Planning (Scotland) Act 1997 that would require the owner to improve the appearance of the front of the building, mainly boarding up all openings with a suitable and durable material and paint the front elevation of the building.

4. Implications

Financial Implications

4.1 As noted above, the Council may be liable to pay compensation to the owner should Repairs Notice under Section 43 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 be pursued. The amount would be determined having regard to the potential redevelopment of the property. The Council could dispose of the building to another party should this be considered appropriate for the building's preservation. To outline the potential cost of serving this Notice further investigation of the financial implications is required. There will be a minor cost associated with this investigative work.

Should the owner not comply with the terms of the Section 179 Notice further action will be required by the Council to take direct action.

Human Resource Implications

4.2 N/A

Legal Implications

4.3 The proposed action is in accordance with Section 179 of the Town and Country Planning (Scotland) Act 1997. Further action will be required should the owner not carry out the repairs is outlined above.

Equality Implications

4.4 N/A

65 Environmental and Sustainability Implications

4.5 N/A

Implications for Key Priorities

4.6 The proposed enforcement action supports single outcome agreement local outcome 12a "Our environment is protected and enhanced."

Community Benefit Implications

4.7 N/A

5. Consultations

5.1 Legal Services has been consulted on the terms of the Report

6. Conclusion

6.1 In the interest of the proper preservation of the building it is proposed that the Committee agree:

1) to investigate the costs associated with serving a Repairs Notice under Section 43 of the The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 requiring works necessary for the proper preservation of the building; and

2) the service of a Notice Requiring Proper Maintenance of Land under Section 179 of the Town and Country Planning (Scotland) Act 1997: 12 Crichton Street, Millport KA28 0ET.

KAREN YEOMANS Executive Director (Economy and Communities)

Reference : For further information please contact Ms J Hanna, Planning Officer on 01294 324330 Background Papers

66 Appendix 1

Summary of Correspondence between Council and Owner and Timeline

2004 Complaint received about condition of property

5/11/2004 Letter sent to owner at their registered address. This letter stated that the planning authority had received complaints regarding condition of property. The letter requested they take necessary steps to rectify matters. Letter also stated that condition of property would be monitored and action may be taken by North Ayrshire Council at later date.

12/01/2005 Application for planning permission for ‘Demolition of existing outhouses and erection of extension to rear, installation of velux windows to front and rear and erection of detached garage top rear,’ was received by the Council (ref: 05/00034/PP). Application was invalid on receipt.

21/04/2005 Application for Listed Building Consent for same proposal as above was received (ref: 05/00382/LBC). Application was also invalid on receipt.

27/06/2005 Both of the above applications are returned to the applicant due to a lack of information.

11/01/2006 Application for planning permission for ‘Temporary siting of caravan, erection or rear extension, installation of two front and two rear roof lights, installation of new windows and erection of detached garage to rear,’ and accompanying Listed Building Consent application received (ref: 06/00034/PP and 06/00035/LBC). Both applications invalid on receipt due to a lack of information.

25/05/2006 Required information received and the above applications are valid.

23/10/2006 The Planning Committee agree to grant planning permission and Listed Building Consent (ref: 06/00034/PP and 06/00035/LBC) subject to conditions.

Nov 2011 Planning permission and Listed Building Consent (ref: 06/00034/PP and 06/00035/LBC) lapse as no works have commenced.

19/04/2012 An inspection of the property revealed that the front elevation was in a poor condition, that the rear of the property was not secure and the rear roof plane had begun to collapse.

25/04/2012 A letter was sent to the owner advising of the Council’s concerns about the condition and appearance of the building. The letter

67 requested a response within 7 days of confirmation of their intentions with regards the property. No response was received.

31/05/2012 A further letter was sent to the owner. This stated that there had been no response to the Council’s previous correspondence and it was again requested they confirm their intentions within 7 days. No response was received.

15/06/2012 An inspection of the property was carried out. This revealed that there had been no improvement in the appearance or condition of the property since the previous inspection.

21/06/2012 A letter was sent to the owner at all known addresses as well as by e-mail. The letter stated the Council was concerned by the property’s state of disrepair. The letter asked that the property be made wind and water tight within 7 days. The letter also asked for written confirmation of the works that would be undertaken, including a timescale, to bring the property into a safe, secure state to ensure the future of the property. The letter advised that should the property not be secured and remains in a poor condition; the Council would have no option but to consider formal enforcement action.

26/06/2012 A phone call was received by the Planning Inspector, from the owner of the property. They stated that they wished to meet Council Officers to discuss the property.

03/07/2012 A meeting was held between the owner and Council Officers. The owner stated that they were trying to sell another property in order to secure the funds to renovate 12 Crichton Street. The owner asked if grants were available from the Council. The owner was advised that there were no grants available from Planning or Building Standards. They were advised that they should immediately secure the property and that the appearance of property should be improved. In the first instance the building must be secured and the front elevation painted. Securing the property would stop its condition deteriorating. The owner stated that they had previously secured the rear elevation but storms had blown down their measures. They were advised that every time the property was affected by weather they must re-secure it. The owner was asked to confirm within a week, their plan and a timescale for securing the property and improving its external appearance.

11/07/2012 An e-mail was sent to the owner asking that they secure the property and a timescale as discussed at the meeting.

16/07/2012 An e-mail was received from the owner. They advised that loose paint had been removed from the front elevation and that it would be painted within the week. Scaffolding was due to be

68 brought onto site within 1-2weeks to allow works to the roof and the Council would be kept updated of progress.

08/08/2012 An inspection of the property revealed the front elevation had been painted. No works had been carried out to the roof or rear elevation.

09/08/2012 An e-mail was sent to the owner. This asked for confirmation of when scaffolding would be on site to secure the roof and rear elevation.

15/08/2012 An e-mail was received from the owner. This stated that they has missed the opportunity to borrow scaffolding but had secured it for the future.

17/08/2012 An e-mail was sent to the owner. This asked for confirmation of the date the scaffolding would be on site and when the works would be carried out. No response was received.

06/09/2012 A letter was sent to the owner, also sent by e-mail. This stated that the Council has received no response to its previous e-mail. The letter requested that the roof and rear elevation be made secure within 14 days of the date of the letter. No response was received.

14/11/2012 An inspection of the property revealed that no works to secure the rear elevation and roof had taken place. The hole in the roof had actually widened.

15/11/2012 A letter was sent to the owner, also sent by e-mail. The letter stated the property remained unsecure and in a poor condition. Due to the on-going condition of disrepair a report recommending the issue of a Repairs Notice was being prepared for the Planning Committee. If the Committee agreed the recommendation a notice specifying works necessary for the proper preservation of the building would be served. This could be a precursor to the compulsory purchase of the building. An e-mail response was received from the owner. They stated they were waiting on the settlement of an inheritance and they were meeting a contractor and would advise of the outcome.

22/11/2012 An e-mail was received from the owner. This stated that building works had been due to start on the 19th November 2012 but had been delayed because of weather.

03/12/2012 An e-mail was received from the owner which stated that works to secure 12 Crichton Street would commence on 4th December 2012.

69 05/12/2012 A report was put to the Planning Committee recommending that a Notice under Section 43 of the Planning (Listed Buildings and Conservation Area) Act 1997 (Repairs Notice) be served. The Committee agreed to continue consideration of the item in order to allow further monitoring.

09/01/2013 An inspection of the property revealed that the rear elevation remained unsecured and that the collapsed roof had not been repaired. Scaffolding had been erected but no works had taken place.

10/01/2013 An email was sent to the owner. This stated that the condition of the property remained such that the there were serious concerns regarding its proper preservation. The Planning Committee had deferred its decision on the report put to them on 5th December 2012 however given that no works to repair the roof or secure the rear elevation had taken place a Report was due to be returned to the Committee. The email also stated that if they had any representations for the Committee to take into account, given the failure to commence any works to secure the Property's preservation, that they submit them by return. The email also stated that there were no extant Planning Permissions or Listed Building Consents for further work to the property. Any works other than those required for the Property's preservation would require Planning Permission and/or Listed Building Consent and must not be carried out unless and until permission/consent had been granted.

13/01/2013 An email was received from the owner. The email stated that they fully realised that works need to be done to the roof but felt that doing some remedial work was not going to be fit for purpose. The owner stated that they would like to strip the old roof and, in conjunction with applying for new permission, reinstate the roof as per the Council's instruction and advice. They stated that they would be meeting their MSP to discuss these issues along with the mandatory grants that they understood are available from the Scottish Government. They were still waiting for the money which would allow them, in conjunction with the necessary permission, to have the work undertaken.

15/01/2013 An e-mail was sent to the owner. This stated they were entitled to apply for permission/consent for further works to the property however there would be no obligation on them to implement any new permission/consent. The email again re-iterated that the Council has concerns about the current condition of the property. In the interest of the property’s preservation, the repair of the roof and the boarding of the rear elevation were required. It was explained that this was to ensure the property is protected from wind and water ingress and to prevent further deterioration.

70 When the preservation of the building was secure the owner would be able to carry out any further permitted works in accordance with any granted permissions/consents. The email noted that they were meeting their MSP and asked that they keep the Council updated with their proposals for the future development of the property. The email, however, again re- iterated that the roof of the property must be repaired and the rear elevation secured as soon as possible.

22/01/2013 An email was received from the owner. This email stated that their proposed meeting with their MSP had gone ahead the day before as planned. Their MSP had promised to try and clarify the Scottish Government's position and come back to them as quickly as possible.

27/01/2013 An e-mail was sent to the owner. This stated that the Council had not received an update from him for over 5 weeks. Due to the condition of the property it was now proposed that a report recommending an Urgent Works Notice be issued be presented to the Planning Committee. Such a Notice would require works for the urgent repair to the property. The Council could carry these works out and then seek its expenses from them as owner. The owner was asked to provide any representations they may have by return. No response was received.

04/03/2013 An inspection of the property revealed property unsecured and the hole in roof appeared larger.

13/03/2013 A report was put to the Planning Committee recommending that a Notice under Section 49 of the Planning (Listed Buildings and Conservation Area) Act 1997 (Urgent Works Notice) be served. The Committee agreed to the service of a Notice requiring installation of plywood (or similar) boarding over windows and doors on rear elevation and support of the roof through scaffolding support, including support of the mid-floor joists as required, to allow covering of holes in roof with felt covered plywood (or similar) boarding.

19/03/2013 An e-mail was sent to the owner informing them of the Planning Committee’s decision.

20/03/2013 An e-mail was received from the owner. This stated the builders would be on site that afternoon, however, they could not undertake any major work until the planning was sorted out. The owner requested a meeting to discuss the planning situation.

21/03/2013 A further e-mail was received from the owner. This stated that the front and rear roof elevations of the roof had been made watertight and the rear elevation secured.

71 22/03/2013 An e-mail was sent to the owner. This stated that the Council would be inspecting the work on the 27th March 2013. The owner was invited to meet Council officers at the property at 9.30am.

27/03/2013 Meeting at the property between the owner and Council officers. The owner had placed a tarpaulin overt the roof and was in the process of boarding the rear elevation. The owner was told that for a very short period, to keep rain and snow out, the tarpaulin was acceptable; however, it must be properly secured and monitored. The owner said that he would not be able to put sheeting on the roof as he felt it was in too poor condition. The owner was told they must have a full survey carried out. They must submit this to the Council. They were also asked to e-mail to confirm the works they had carried out. They were told that the Council would continue to prepare its Urgent Works Notice; however, if satisfactory steps were undertaken then the Notice would have no effect. The owner asked about the future development of the property. They were told they would need to apply for planning permission and listed building consent. A scheme similar to the previously permitted one was likely to be acceptable. However, there was no guarantee and they should not carry out any further works unless and until permission/consent was granted.

28/03/2013 An e-mail was received from the owner. They had appointed an architect to draw up plans for the property. They were waiting to appoint a surveyor and would keep the Council updated.

03/04/2013 An e-mail was received from the owner. This stated that they had been unable to appoint a local surveyor. However, they were still seeking to appoint a surveyor and would keep the Council updated.

05/04/2013 An e-mail was received from the owner. This stated that they had appointed an architect and surveyor who would be contacting the Council to discuss their timescale.

11/04/2013 An e-mail was received from the owner. They said that the surveyor had been on site and their report on the condition of the property would be forwarded to the Council.

01/05/2013 An e-mail was sent to the owner. This stated that the Council had not received a copy of their surveyor’s building report.

02/05/2013 A report on the condition of the property was received from the owner’s surveyor. The report stated that the property’s roof required support.

72 09/05/2013 An e-mail was sent to the owner. This stated that the submitted report made it clear the roof required support. The Council's Notice requiring urgent works to secure the preservation of the building was due to be issued. The Notice would require the installation and securing of plywood (or similar) boarding over the windows and doors on the rear elevation (which the Council believed had already been carried out) and the support of the roof through scaffolding support, including support of the mid- floor joists as required, to allow covering of holes in the roof with felt covered plywood (or similar) boarding. If the works were not carried out, the Council may enter the land, carry out the works and seek its costs. The owner was also advised that separate to any Notice, they were entitled to apply for planning permission and listed building consent for the development of the property. Applications proposing works similar to those previously approved may be looked upon favourably. They should not carry out any other works except those specified in the Notice, unless and until the necessary permission/consent had been granted. An e-mail response was received from the owner. This stated that they would meet their builders to discuss the required works. They stated that the first floor of the building would be required to be removed in order to facilitate the required scaffolding support of the roof. A further e-mail was sent to the owner. This stated that removal of the first floor would require listed building consent and to do so without consent was an offence. The Council’s requirements included the support of the mid-floor joists to allow scaffolding to support the roof. The Council would be able to meet the following Monday to discuss requirements.

10/05/2013 An Urgent Repairs Notice under S.49 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 was issued. The Notice required installation of plywood (or similar) boarding over windows and doors on rear elevation and support of the roof through scaffolding support, including support of the mid-floor joists as required, to allow covering of holes in roof with felt covered plywood (or similar) boarding.

13/05/2013 The owner met Council officers to submit applications for planning permission and listed building consent. The owner was given a copy of the Urgent Repairs Notice and advised that a copy had also been sent by registered post. The applications for planning permission for ‘Alterations and erection of rear extension, installation of two front and two rear roof lights, installation of new windows and erection of a detached garage to the rear of mid terraced dwelling house’ and Listed Building Consent for ‘Demolition of outhouses (retrospective), erection of single storey rear extension, installation of two front and two rear rooflights and installation of

73 new windows,’ were registered (ref: 13/00288/PP and 13/00289/LBC).

15/05/2013 An e-mail was received from the owner. This stated that the builders were on site and it was their intention to carry out the works of support to the roof. They would carry out the redevelopment of the property as soon as planning permission, listed building consent and a building warrant were granted.

24/05/2013 An inspection of the property revealed that the rear elevation had been secured and the mid-floor joists supported as required by the Urgent Repairs Notice. However, the roof had not been supported nor had the rear roof plane been boarded, as required by the Notice. The hole in the roof remained covered by a tarpaulin.

03/06/2013 An e-mail was sent to the owner. This asked for confirmation of when the support of the roof and boarding of the hole in the roof would take place.

05/06/2013 An e-mail was received from the owner. This stated that the roof timbers had been supported but they felt further works to the roof would be inappropriate for safety reasons. They felt the tarpaulin was holding well and this would only be a short term solution until the planning permission was processed.

19/06/2013 Planning permission (ref: 13/00288/PP) was granted subject to conditions. This included that the works commence prior to 19th June 2014.

28/06/2013 Listed building consent (ref: 13/00289/LBC) was granted following referral to Historic Scotland. This was also subject to conditions including that the works commence prior to 19th June 2014.

03/07/2013 An inspection of the property revealed it to be in the same condition as previously. It was not clear if upper levels supported as the owner had claimed.

05/08/2013 An e-mail was sent to the owner requesting confirmation of when they would implement the planning permission and listed building consent granted June 2013. The e-mail also stated that an Urgent Repairs Notice was issued in May 2013. The holes in the roof have not been covered in felt covered plywood and the Notice was therefore in breach. The covering of the roof in a tarpaulin was only acceptable in the short term whist the weather is calm and mild and in anticipation of the works to restore the property, granted permission/consent. The owner was under no obligation to implement the permission/consent; however, they must comply with the requirements of the Notice.

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12/08/2013 An e-mail was received from the owner. They were anticipating funds to be released in the next 14 days and works to commence thereafter.

06/09/2013 Application for Building Warrant received (ref: 13/00955/BW) for works granted planning permission and listed building consent in June 2013.

18/09/2013 An inspection of the site revealed the tarpaulin covering the roof had come loose and the rear roof plane had collapsed further.

18/09/2013 An e-mail was sent to the owner. This informed them that the tarpaulin over the roof has come loose and the rear roof plane had collapsed further. They were asked to take immediate steps to secure the roof, to ensue no further degradation in its condition. The e-mail also reiterated that the Urgent Repairs Notice was in breach because the holes in the roof had not been covered. The covering of the roof in a tarpaulin was only acceptable in the short term. An e-mail response was received from the owner. They stated they had contacted the builders who will immediately deal with the loose tarpaulin. They had applied for a building warrant and were dealing with points raised by the Building Standards Officer.

11/11/2013 An inspection of the property revealed that the tarpaulin was unsecure and the rear roof plane had further collapsed.

11/11/2013 An e-mail was sent to the owner. This informed them of the further deterioration of the condition of the property. The owner was urged to cover the rear roof plane with felt covered boarding as required by the Urgent Repairs Notice. If this was not done the Council would have to consider further formal enforcement action. The lack of a building warrant was not a reason not to comply with the requirements of the Urgent Repairs Notice. They were asked to confirm by return that the Notice would be complied with.

13/11/2013 A telephone call was received from the owner. They said their appointed builder had ceased to trade but they hoped to have a new builder starting in 1months time. They were advised that that the property required to be secured immediately. No more wind and water should get in. This should be achieved by complying with the Urgent Repairs Notice. If this could not be done then some form of shelter should be created; however, this must be achieved immediately. The owner said that they would be removing the roof anyway when they started works. The owner was advised that they could only do what was permitted by the Listed Building

75 Consent. If this did not allow removal of the roof then that could be an offence. The owner said they would be speaking to their builder this week and someone would be on site to secure the tarpaulin today. They were asked to contact the Council after they had spoken to their builder with dates and confirmation of the works they would be carrying out. They were advised that the Council had given them lots of time to propose a scheme and this had been approved in June 2013. Since then however no works had taken place and the property had deteriorated. Serious consideration would be given to the next steps the Council took.

02/12/2013 Building Warrant (ref: 13/00955/BW) granted.

20/01/2014 Meeting at Cunningham House between the owner and Council Officers. The owner had arranged for a builder to start at the end of February 2014. The builder would demolish the remains of the roof and rebuild. The owner was advised that they would need to provide the Council with details of the works the builder would do prior to commencing. They were also advised that they would need to discharge various conditions attached to the permission/consent. Some conditions were to be discharged prior to commencement; however, the Council's priority was the roof and securing the property. If the owner remained in contact with the Council then any repair works could be carried out whilst the details were determined. The owner was advised that the Council would e-mail them the decisions and highlight the relevant conditions. The Council also set out the information the required in respect of the roof. The owner was asked to respond as soon as they were able. The owner said they would provide the details for the roof including drawings of the sections.

20/01/2014 An e-mail was sent to the owner confirming the contents of that day’s meeting. The e-mail set out conditions that required to be discharged prior to the 2013 planning permission and listed building consent being implemented. The e-mail also set out the information the Council required with respect the proposed works to the roof, which had not been previously permitted. The owner was requested to provide information including the specification for the proposed replacement roof, with sections and drawings to confirm its profile, as well as information relating to removal of any existing fabric and other works to either the front or rear elevations. The owner was also requested to confirm the proposed start date for the works.

29/01/2014 An inspection of the property revealed the tarpaulin was no longer covering the roof.

76 30/01/2014 An e-mail was sent to the owner. This asked that they secure the roof and provide the details requested in the Council’s previous e-mail.

03/02/2014 An e-mail was received from the owner. This was a quote from a builder outlining the works they would be carrying out to the roof.

03/02/2014 Telephone calls were received from the owner and their builder. It was confirmed that the roof had to be removed in order to obtain exact measurements, including pitch, to match the adjacent roof. The builder had been appointed to put up a timber frame and make watertight with felt. The owner had yet to organise someone to reinstate the slate. The builder’s stone mason was due to inspect the walls and after that a full schedule of works could be submitted.

09/02/2014 E-mail received from the owner’s builder. This stated that they could commence on 1st March 2014. It would take 3 weeks to remove the old roof (which was to be carried out by the owner), install sandstone lintels, repair/remove timber lintels, build up brickwork and form wall plates, install new trusses, sarking and felt.

10/02/2014 An e-mail was sent to the owner. This stated that the works proposed in their builder’s e-mail were acceptable. The work should be carried out in one consecutive period and they should ensure utmost care is taken to preserve the remainder of the building. All slates removed should be retained on site. The owner was advised they would be liable for any further deterioration to the property should they fail to carry out the works in one consecutive period.

11/02/2014 An e-mail was received from the owner confirming the works would start 1st March 2014.

04/03/2014 An inspection of the property revealed that the works had commenced in the roof had been removed but the property had been left unsecure.

07/03/2014 An e-mail was sent to the owner requesting confirmation that the next phase of works would start on the 10th March 2014. The owner was advised that should the works not start a suitable temporary covering for the building must be erected. A response was received from the owner. This stated that the bricklayer was due to start on the 10th March 2014.

14/03/2014 Council Officers met the owner on site. The builder did not consider that it was safe for them to carry out. The owner was advised that they must submit a structural engineer’s report of the property’s condition and the Council could advise further.

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26/03/2014 An e-mail was sent to the owner. This requested confirmation of if the survey of the property had been carried out. The owner responded stating that the structural engineer had inspected but there was no report as yet.

04/04/2014 A report dated 25th March 2014 into the condition of the front and rear elevation is received from the owner’s structural engineer. This stated that walls were in a stable condition but the timber lintels required to be replaced before the roof could be reinstated. The report stated that it considered the most economical solution to be the demolition and rebuilding of the walls.

23/04/2014 An e-mail was sent to the owner. This noted that the structural engineer’s report confirmed the walls were in a stable condition although the timber linters require to be replaced. It also noted that the report considered the wall should be removed and rebuilt on the belief that replacing the lintels would be expensive. The e-mail stated that the Council required the lintels to be repaired and a new roof constructed as agreed in previous correspondence. Any works other than those agreed would require listed building consent. The e-mail asked for confirmation of when the works would be carried out. If the works were not carried out in a reasonable timescale the Council would have to consider the issue of a repairs notice.

09/05/2014 An e-mail was received from the owner’s structural engineer. This stated that they wished to clarify that they believed it was impracticable to spend the money required to replace the lintels. They stated that the walls were stable but precarious.

05/06/2014 An inspection of the property revealed no further works had been undertaken at the property.

11/07/2014 An e-mail was sent to the owner. This sated that no confirmation of their intentions in respect of the property had been received and no works had been carried out. It was now the Council’s intention to seek the issue of Repairs Notice which could be the precursor to the compulsory purchase of the property.

15/07/2014 An e-mail was received from the owner requesting a meeting. The Council responded stating that there was not considered to be a need for a meeting unless it was to discuss specific proposals for the property. The owner was invited to submit these.

22/07/2014 An e-mail was received from the owner. They stated that it was now their intention to sell the property.

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