At a Meeting of the Planning and Regulatory Sub-Committee of North Ayrshire Council at 10.00 Am

Planning and Regulatory Sub Committee 25 October 1999

Irvine, 25 October 1999 - At a meeting of the Planning and Regulatory Sub-Committee of North Ayrshire Council at 10.00 am.

Present David Munn, Robert Reilly, Jack Carson, Ian Clarkson, Elizabeth McLardy, John Moffat, David O’Neill, Robert Rae, John Reid and Elizabeth Marshall.

In Attendance A Fraser, Principal Legal Officer (Legal and Regulatory); D Cartmell, Principal Development Control Officer (Legal and Regulatory); F Murray, Solicitor (Licensing); and J Bannatyne, Administration Officer (Chief Executive’s).

Chair Mr Munn in the Chair. Apologies for Absence James Jennings.

1. Ardrossan/Saltcoats/Stevenston Local Plan Area (a) N/01/99/0320: Saltcoats: Lochwood Farm (farm buildings)

Robert Murdoch, Lochwood Farm, Saltcoats has applied for a variation to planning permission 01/97/0627 to include licensed restaurant and erection of rear extension to provide toilet accommodation at Lochwood Farm, Saltcoats. Objections have been received from Mr R Evans, Little Laught Farm, Saltcoats and Mr T K Baillie, Little Laught Cottage, Saltcoats.

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

(i) that the parking spaces indicated on the approved drawing reference 32/97/100 Revision B, shall be formed and delineated on the ground to the satisfaction of North Ayrshire Council as Planning Authority prior to the commencement of the use hereby approved.

(b) N/01/99/0418: Stevenston: 2 Townhead Street

Mr I Donald has applied for planning permission for change of use from vacant shop to hot food take-away at 2 Townhead Street, Stevenston.

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

(i) that the range of cooking to be carried out on the premises shall be limited to the use of a pizza oven and microwave unless North Ayrshire Council as planning authority give written consent to any variation; and

(ii) that the use hereby permitted shall not operate between the hours of 23.00 in any day and 08.00 the following day.

Page 1 2. Garnock Valley Local Plan Area N/01/99/0479: Beith: Dambank Cottage

Mr and Mrs D Shaw, Hessilhead Cottage, Beith have applied for planning permission for a partial reconstruction and extension to derelict cottage to form dwellinghouse and garage at Dambank Cottage, Beith.

The Committee agreed to continue consideration of the application for further information on the circumstances surrounding the demolition of the existing structure.

3. Irvine/Kilwinning Local Plan Area (a) (i) N/01/99/0338: Irvine: 141 High Street

(ii) N/01/99/0539: Irvine: 141 High Street

(iii) N/02/99/0015: Irvine: 141 High Street

(iv) N/02/99/0022: Irvine: 141 High Street

Kamal Magon, c/o Highjump Sports, Longford Avenue, Kilwinning has applied for planning permission to alter and extend existing shop unit including rebuilding upper floor kitchen/bathroom extension (01/99/0338), demolish existing single and two storey rear outbuildings, alter and extend existing shop unit including to rebuild upper floor kitchen/bathroom extension (02/99/0015), alteration/upgrading to shop front and repainting of front elevation (01/99/0539) and alteration/upgrading to shop front and repainting of front elevation (02/99/0022) at 141 High Street, Irvine. A representation was received from Mr D Finlay, 133b High Street.

Having considered the terms of the objection, the Sub-Committee agreed to grant the four applications subject to the following conditions:-

(A) 01/99/0338

(I) that prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the proposed external finishes;

(II) that the extension shall not be occupied and used as a retail shop until the alterations/painting authorised by permissions 01/99/0539 and 02/99/0022 have been fully implemented; and

(III) that no development shall take place within the site until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which shall be submitted by the developer for the prior approval of North Ayrshire Council as Planning Authority and which complies fully with terms of reference to be issued by the West of Scotland Archaeology Service on the Authority’s behalf.

(B) 02/99/0015

Agree subject to Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to grant listed building consent.

(I) that details of the colour of the paint to be applied to the front elevation shall be submitted and agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works.

Page 2 (D) 02/99/0022

(b) N/01/99/0398: Irvine: Unit 6A Rivergate

Matchurban, c/o 1A Dukesway Court, Teane Valley, Gateside, Tyne and Weir have applied for planning permission for change of use from shop to shopper orientated Amusement Centre with ancillary retail sales at Unit 6A Rivergate, Irvine. Objections have been received from Mr R Sturgeon of Fullarton Community Health House, 10 Sanderson Avenue, Irvine, Halifax plc, Keith House,. 2 Redheughs Rigg, Edinburgh and R & J Associates, Unit 6D, Rivergate Centre, Irvine.

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

(i) that the hours of opening of the premises to the public shall be restricted to between 0900 hours and 2030 hours on any day;

(ii) that prior to the commencement of the use the premises shall be sound insulated in accordance with the scheme to be agreed with North Ayrshire Council and no music shall be played that is audible in adjoining properties or outside the premises;

(iii) that the entrance door shall be designed and maintained to be self closing;

(iv) no persons under the age of 18 shall be admitted to the premises unless accompanied by an adult;

(v) that the premises should be used as an Amusement Centre, with only Amusement With Prizes machines and for no other purpose without the approval of North Ayrshire Council as Planning Authority; and

(vi) that a window display shall be maintained on the Bridgegate frontage of goods available to customers at the premises as prizes, by voucher exchange or by direct retail sale.

4. North Coast and Cumbraes Local Plan (a) N/01/99/0255: Largs: 27 Chapelton Way

Mr and Mrs Berry, 27 Chapelton Way, Largs have applied for planning permission for a conservatory extension to south side of dwellinghouse at that location.

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

(i) that the proposed development would be contrary to Policy HOU8 in the adopted North Coast and Cumbraes Local Plan, in that it would detract from the appearance of the existing house by reason of its siting, design and external appearance which would be detrimental to the amenity of the area and would set an undesirable precedent for other similar developments.

(b) N/01/99/0563: Skelmorlie: Skelmorlie Castle Road: Red Gables

Mrs M McCausland, Red Gables, Skelmorlie Castle Road, Skelmorlie has applied for planning permission for an extension to form shower room and sitting area at Red Gables, Skelmorlie Castle Road, Skelmorlie. Objections have been received from Helen MacKenzie, Belmar Cottage, Skelmorlie Castle Road, Skelmorlie and G H McLaren, Belmar Cottage, Skelmorlie Castle Road, Skelmorlie.

Having considered the terms of the objections the Sub-Committee agreed to grant the

Page 3 application, subject to the following condition:-

(i) that a sample of the reconstituted sandstone finish to the walls shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.

5. Exclusion of Public The Committee resolved, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude from the Meeting the press and the public for the following items of business on the grounds indicated in terms of Paragraphs 6,13 and 14 of Schedule 7A of the Act.

6. Civic Government (Scotland) Act 1982: Applications for Licences Submitted report by the Assistant Chief Executive (Legal and Regulatory) on (a) applications for grant or renewal of licences under the Civic Government (Scotland) Act 1982; (b) reports in respect of individual licenceholders where the issues raised may require a Hearing; and (c) individual licences where a formal Hearing has been convened and which require to be determined by the Committee.

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

The meeting ended at 10.40 am.

Page 4 Planning and Regulatory Sub Committee 25/10/99

Appendix No P&R1

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

Type of Licence/ Applicant Decision Reference No

1 LHCL/071 Elmdrive Ltd Granted from 11 pm - 1 am 7 days per week

2 PHCL/100 David H Fyfe Granted

3 TDL/475 Gary Cummings Granted

4 TDL/476 Anthony Gallagher Granted

5 TDL/478 Deborah Bell Granted

6 SHDL/084 WF Continued to next meeting for further information

PART B: Reports in Respect of Individual Licence Holders

Type of Licence/ Decision Reference No

1 TDL/675 Noted

Page 1 2 TDL/696, Continue to a Hearing PHCL/003,097,106, TL/024

3 TDL/049 (i) Continue to a Hearing; and (b) Resubmit the application to next meeting with additional information

PART C: Individual Licences where a formal Hearing has been convened and which require to be determined by the Committee

Type of Licence/ Decision Reference No

1 TDL/088 The applicant having been duly cited, attended the Hearing. The Solicitor (Licensing) advised the Sub-Committee as to the background to the Hearing. The applicant then addressed the Sub-Committee before withdrawing from the meeting together with the Solicitor (Licensing). Agreed that no action be taken to suspend the licence and that the applicant be given a firm warning of the consequences of any further similar incidents.

Page 2