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Planning Sub Committee of Corporate Services Committee 19 August 2002

IRVINE, 19 August 2002 - At a Meeting of the Planning Sub Committee of Corporate Services Committee at 2.00 p.m.

Present David Munn, Robert Reilly, Gordon Clarkson, Ian Clarkson, Elizabeth McLardy, John Moffat, David O'Neill and John Reid. Also Present Alan Hill, Margaret Munn and James Jennings. In Attendance A Fraser, Principal Legal Officer and D Cartmell, Principal Development Control Officer (Legal and Regulatory); and S Bale and A Sobieraj, Corporate and Democratic Support Officers (Chief Executive's).

Chair Councillor D Munn in the Chair. Apologies for Absence Samuel Gooding, Jane Gorman and John Sillars. 1. Deputation

In terms of Standing Order 17, the Chair advised that the Sub Committee would receive a Deputation on four applications by Scottish Water, each relating to the proposed construction by Scottish Water of access and hardstanding areas for underground wastewater pumping stations and storage tanks on Millport, Isle of Cumbrae.

The applications were as follows: - (a) N/02/00350/PP: Millport: West Bay: Site Opposite No 13; (b) N/02/00352/PP: Millport: Marine Parade: Site to West of No 40/41; (c) N/02/00353/PP: Millport: Glasgow Street: Site Opposite No 36; and (d) N/02/00354/PP: Millport: Kelburn Street: Site to East of Nos 14 - 18.

The Sub Committee heard Mr P J Lonsdale, spokesperson for the Cumbrae Waste Water Watch Committee. Also present were Mr D Gordon and Mr W Benzie. Mr Lonsdale indicated that the community was concerned about the detail of proposals but did not oppose wastewater works as such. They considered that there were alternative options which were more environmentally sensitive. A significant number of objectors believed that many aspects of the proposals were focussed on economic viability and did not necessarily take into account key local environmental issues.

Page 1 Mr Andrew Leith, Project Manager, Scottish Water provided a detailed response to the concerns of the community representatives and clarified the purpose and design of the wastewater pumping stations. It was confirmed that all appropriate environmental checks had been carried out by Scottish Water and consultation had taken place with a wide variety of community representatives. A number of measures were also proposed to mitigate the impact of the developments.

Following the presentations, Members asked questions of both parties.

The Sub Committee thereafter heard the Principal Development Control Officer present reports on each of the planning applications as follows: -

2. North Coast and Cumbraes Local Plan Area

2.1 N/02/00350/PP: Millport: West Bay: Site Opposite No 13 Scottish Water, West of Scotland Science Park, Acre Road, Glasgow have applied for planning permission for the construction of access and a hardstanding area for an underground wastewater pumping station and storage tank at the site opposite number 13 West Bay, Millport, Isle of Cumbrae. 14 letters of objection have been received as detailed in the report. 258 copies of a standard letter of objection have also been received from Cumbrae Waste Water Watch Committee signed by 232 residents of the Isle of Cumbrae and the remainder residing elsewhere.

1. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority revised proposals for (i) the siting, design and appearance of the control kiosk; and (ii) the surface finish to the access road and hardstanding area.

2. That the applicant shall form a footway crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the first 5 metres of the access, measured from the heel of the footway shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway.

4. That on completion of the construction of the pumping station, the land, with the exception of the access road, hardstanding area and access covers, shall be reinstated to the satisfaction of North Ayrshire Council as Planning Authority.

Page 2 5. That the applicants shall undertake recording of archaeological resources within the development site to the satisfaction of North Ayrshire Council as Planning Authority. No development shall take place within the development site until the applicants have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, this scheme to be submitted for approval of North Ayrshire Council as Planning Authority following consultation and agreement with the West of Scotland Archaeology Service.

2.2 N/02/00352/PP: Millport: Marine Parade: Site to West of No 40/41 Scottish Water, West of Scotland Science Park, Acre Road, Glasgow have applied for planning permission for the construction of access and a hardstanding area for an underground wastewater pumping station and storage tank at the site to the west of number 40/41 Marine Parade, Millport, Isle of Cumbrae. Letters of objection have been received from Alex R Forrest, 41 Marine Parade, David P Hepburn, 9 Kames Bay, Cumbrae Waste Water Watch Committee per David P Hepburn, 9 Kames Bay, David Pratley, 4 Glasgow Street, Stephan White, 42 Marine Parade, David Gordon, 16 West Bay Road, all of Millport, Isle of Cumbrae and David Hepburn, 26 Westbourne Gardens, Glasgow. 211 copies of a standard letter of objection have also been received from Cumbrae Waste Water Watch Committee of which 186 were signed by residents of the Isle of Cumbrae and the remainder from residents residing elsewhere (mainly Glasgow and Paisley).

1. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority revised proposals for (i) the design and appearance of the control kiosk; and (ii) the surface finish to the access road/hardstanding area.

2. That the applicant shall form a footway crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the site, with the exception of the access road/hardstanding area and access covers, shall be reinstated to its original condition to the satisfaction of North Ayrshire Council as Planning Authority.

Page 3 5. That the applicants shall undertake recording of archaeological resources within the development site to the satisfaction of North Ayrshire Council as Planning Authority. That no development shall take place within the development site until the applicants have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, the scheme to be submitted for approval by North Ayrshire Council as Planning Authority following consultation and agreement with the West of Scotland Archaeology Service.

2.3 N/02/00353/PP: Millport: Glasgow Street: Site Opposite No 36 Scottish Water, West of Scotland Science Park, Acre Road, Glasgow have applied for planning permission for the construction of access and a hardstanding area for an underground wastewater pumping station and storage tank at the site opposite number 36, Glasgow Street, Millport, Isle of Cumbrae. Letters of objection have been received from Mrs M Hunter, 37 Glasgow Street, Brian Bryceland, Crocodile Chippy, 30 - 31 Glasgow Street, David P Hepburn, 9 Kames Bay, Cumbrae Waste Water Watch Committee per David P Hepburn, 9 Kames Bay, David Pratley, 4 Glasgow Street and David Gordon, 1B West Bay Road, all Millport, Isle of Cumbrae and David Hepburn, 26 Westbourne Gardens, Glasgow. 216 copies of a standard letter of objection have also been received from Cumbrae Waste Water Watch Committee signed by 191 residents of the Isle of Cumbrae, the remainder from residents elsewhere (mainly Glasgow and Paisley).

The Sub Committee, having considered the terms of the objections and the views of the deputation, agreed, Councillor Hill the local member dissenting, to grant the application subject to no new material planning objections being received before 27 August 2002 following the service of neighbour notification notices on the premises at 30 - 31 Glasgow Street and to the following conditions: -

2. That the applicant shall form a footway crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

4. That on completion of the pumping station and associated works the site, with the exception of the access road/hardstanding area and access covers, shall be reinstated to its original condition to the satisfaction of North Ayrshire Council as Planning Authority.

Page 4 5. That the applicants shall undertake recording of archaeological resources within the development site to the satisfaction of North Ayrshire Council as Planning Authority. No development shall take place within the development site until the applicants have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, the scheme to be submitted for approval by North Ayrshire Council as Planning Authority following consultation and agreement with the West of Scotland Archaeology Service.

2.4 N/02/00354/PP: Millport: Kelburn Street: Site to East of Nos 14 - 18 Scottish Water, West of Scotland Science Park, Acre Road, Glasgow have applied for planning permission for the construction of access and a hardstanding area for an underground wastewater pumping station and storage tank at the site to the east of numbers 14 - 18 Kelburn Street, Millport, Isle of Cumbrae. 12 letters of objection have been received as detailed in the report. 221 copies of a standard letter of objection have also been received from Cumbrae Waste Water Watch Committee, 197 of which were signed by residents of the Isle of Cumbrae, the remainder from residents elsewhere (mainly Glasgow and Paisley).

1. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority, revised proposals for (i) the siting, design and appearance of the control kiosk; and (ii) the surface finish to the access road/hardstanding area.

2. That the applicant shall form a footway crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

4. That on completion of the pumping station, the land, with the exception of the access road, hardstanding area and access covers, shall be reinstated to its original condition, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 5 5. That the applicants shall undertake recording of archaeological resources within the development site to the satisfaction of North Ayrshire Council as Planning Authority. No development shall take place within the development site until the applicants have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, the scheme to be submitted for approval by North Ayrshire Council as Planning Authority following consultation and agreement with the West of Scotland Archaeology Service.

2.5 N/01/00767/PP: West Kilbride: Seamill: 12 Arran View Gardens Mr and Mrs McMail, 12 Arran View Gardens, Seamill, West Kilbride have applied for planning permission for front and rear extensions to form two enlarged bedrooms, an enlarged living room and an enlarged family room at the same address. A letter of objection has been received from Mr and Mrs Carrino, 11 Arran View Gardens, Seamill, West Kilbride.

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

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 proposals for the erection of a screen wall or fence along the south boundary of the site, as indicated in green on the approved plans, and prior to the commencement of the use of the rear extension the approved screen wall or fence shall be erected and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

2.6 N/02/00114/PP: Skelmorlie: Skelmorlie Castle Road: Site to East of No 99 Mr J Gorry, 99 Skelmorlie Castle Road, Skelmorlie has applied for planning permission for the erection of two detached, two storey houses with an integral garage and access route onto Golf Course Road at the site to the east of the same address. A letter of objection has been received from Strone Properties Limited, 77A Castle Road, Skelmorlie.

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

1. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details or samples of the proposed external finishes.

2. That the surface water arising from the site shall be treated in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" to the satisfaction of North Ayrshire Council as Planning Authority.

Page 6 3. That the trees indicated as being retained on the plans hereby approved shall not be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority and prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority proposals for the protection of the trees to be retained in the course of the development.

4. That the tree planting proposals shown in the plans hereby approved shall be carried out in the first planting season following the occupation of the dwellinghouses and 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 or species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

3. Arran Local Plan Area

3.1 N/02/00240/OPP: Whiting Bay: Site to North of Tor-Alvey Mr William Jones per Robert N Brass and Associates, Invercloy House, Brodick, Isle of Arran has applied for outline planning permission for the erection of a single dwellinghouse at a site to the north of Tor-Alvey, Whiting Bay, Brodick, Isle of Arran. 10 letters of objection have been received as detailed in the report.

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

1. That the site cannot be accessed to the satisfaction of North Ayrshire Council because the existing road network serving the Kiscadale area has reached its development capacity and is not capable of supporting any further development without major improvements.

3.2 N/02/0081/OPP: Lamlash: Site to East of Farhills Mr and Mrs J O'Sullivan, Farhills, Millhill Crescent, Lamlash, Isle of Arran have applied for outline planning permission for the erection of a single dwellinghouse at the site to the east of Farhills, Lamlash, Isle of Arran. A letter of objection has been received from Mr and Mrs Gilmurray, 77 Randolph Road, Glasgow (owners of Fairhaven, Lamlash, Isle of Arran).

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

1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of, landscaping and means of access to the proposed development shall be obtained before the development is commenced.

2. That the dwellinghouse hereby approved shall be single storey only.

Page 7 3. That a 2 metre wide sightline strip shall be provided and maintained along the entire frontage with the public road of the site and the existing house Farhills with no obstructions to visibility over 1.05 metres above the adjacent carriageway level.

4. That the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway.

5. That foul drainage arising from the property shall be connected to the public foul sewer via a suitably sized septic tank, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to North Ayrshire Council as Planning Authority, during development work. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by the West of Scotland Archaeology Service. The name of the archaeological organisation retained by the developer shall be given to North Ayrshire Council as Planning Authority and the West of Scotland Archaeology Service in writing not less than 14 days before the development commences.

3.3 N/02/00242/PP: Corrie: Cromla Cottage Rev Dr Ian & Mrs Agnes MacLeod, The Manse, 4 Manse Crescent, Brodick, Isle of Arran have applied for planning permission for a two storey extension to a dwellinghouse to form a bathroom and a utility room on the ground floor with a bedroom over, and alterations to entrance gates at Cromla Cottage, Corrie, Isle of Arran. A letter of objection has been received from Christine Collins, Cromla House, Corrie, Isle of Arran.

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

1. That sewage treatment and effluent disposal arrangements shall be constructed and designed in accordance with the current Code of Practice BS6297:1983, with any outfall pipe discharging to the sea extending 1 metre beyond the low water mark, to the satisfaction of North Ayrshire Council as Planning Authority.

3.4 N/02/00392/OPP: Brodick: Site to East of Buchanan Bank J Y Gourlay, Buchanan Bank Cottage, Brodick, Isle of Arran has applied for outline planning permission for the erection of a single storey dwellinghouse at the site to the east of Buchanan Bank, Brodick, Isle of Arran. 3 letters of objection have been received from Arran Civic Trust, H Boyd, Easdale and R and M Crawford, Rumanna (formerly Buchanan Bank), all of Brodick, Isle of Arran.

Page 8 The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. That the proposed development would be contrary to Policy HOU3 in the adopted Isle of Arran Local Plan in that it would not be acceptable in terms of siting, would constitute over-development of the site and would not conform with the design guidance contained in Part II of the local plan in relation to the sub-division of feus.

2. That the proposed development would be detrimental to the amenity of neighbouring residential proprietors by virtue of the restricted area of the application site and the resultant proximity of any dwellinghouse built to neighbouring properties causing loss of privacy through overlooking and disturbance from activities in the restricted area of garden ground.

3. That, if granted permission, a damaging precedent would be set for further such developments in the vicinity of the site to the detriment of the character of the area and the residential amenity of neighbouring proprietors.

4. Ardrossan/Saltcoats/Stevenston Local Plan Area

4.1 N/02/00489/PP: Stevenston: 25 Reids Avenue Mr W Simson, 25 Reids Avenue, Stevenston has applied for planning permission for the erection of a garage and fencing at the same address. A letter of objection has been received from Mr G Ross, 27 Reids Avenue, Stevenston.

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

1. That the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material from being deposited onto the public road.

4.2 N/02/00484/PP: Ardrossan: 67 Whitlees Court Mr and Mrs Sweeney, 67 Whitlees Court, Ardrossan have applied for planning permission for the extension to a dwellinghouse to a form a sitting room and a toilet at the same address. A letter of objection has been received from Mr W Bonner, 68 Whitlees Court, Ardrossan.

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

4.3 N/01/00861/PP: Ardrossan: South Isle Road: Plots 10, 11 and 12 David Cook & Sons Limited, 71 Princes Street, Ardrossan have applied for planning permission for the erection of three dwellinghouses at Plots 10, 11 and 12, South Isle Road, Ardrossan. Letters of objection have been received from Mr and Mrs J Stewart, 24 Montfode Court, and Mr W and Mrs I Gibb, 25 Montfode Court, all of Ardrossan.

Page 9 The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. The applicant has not provided sufficient information to allow the proper determination of the application.

5. Garnock Valley Local Plan Area

5.1 N/02/00282/PP: Dalry: 24 West End Mr and Mrs K Glen, 24 Westend, Dalry have applied for planning permission for the alteration and extension to a house to form a family room and extend a kitchen at the same address. A letter of representation has been received from S and A Scott, 22 Westend, Dalry.

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

1. That prior to the extension hereby approved coming into use, a screen fence 2 metres in height shall be erected in the position shown in green on the approved plan and shall be thereafter maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

5.2 N/02/00399/PP: Dalry: Bridgend Lane: Site to North of Fire Station Mr A Arcaro, 6 Academy Street, Irvine has applied for planning permission for the erection of a dwellinghouse at the site to the north of the Fire Station, Bridgend Lane, Dalry. A letter of objection has been received from O L Robinson, 10 Bridgend, Dalry.

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

1. That no tree branches which overhang the site shall be lopped or pruned without the express written permission of North Ayrshire Council as Planning Authority.

2. That the vehicular access hereby approved shall be provided with a drop kerb footway crossing to be formed as detailed in Sections 5.2 and 10.8 (and Figure 10.16) of the Roads Development Guidelines.

5.3 N/02/00473/PP: Kilbirnie: 48 Dennyholm Wynd Mr C Jamieson, 48 Dennyholm Wynd, Kilbirnie has applied for planning permission for the extension to the rear of a dwellinghouse to form a kitchen and a dining room at the same address. A letter of objection has been received from Mr L W McBurnie, 46 Dennyholm Wynd, Kilbirnie.

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

Page 10 5.4 N/02/00071/PP: Dalry: Holmbyres Bridge Cottage Dr G J Allan, Holmbyres Bridge Cottage, West Kilbride Road, Dalry has applied for planning permission for the formation of vehicular access at the same address. A letter of representation has been received from Mrs M Daly, Rannoch, Giffordland, Dalry.

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

1. That the first 6 metres of the driveway hereby approved shall be constructed at a width of 5 metres as indicated by the blue hatched area on the approved plan.

2. That visibility splays of 2.5 metres by 60 metres shall be provided and maintained on land within the applicant's control, such that there is no obstruction to visibility above a height of 1.05 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

3. That prior to the works hereby approved commencing, the length and diameter of the culvert carrying the drain under the access shall be agreed in writing with North Ayrshire Council as Planning Authority.

4. That the first 6 metres of the access, measured from the metalled portion of the classified road fronting the site, shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway.

6. Irvine/Kilwinning Local Plan Area

6.1 N/98/00322/PP & N/98/00323/ADC & N/98/00324/LBC Dickson Opticians, 9 Portland Street, Troon have applied for (a) planning permission for alterations to a shop front (retrospective); (b) advertisement consent for the erection of an illuminated projecting sign; and (c) listed building consent for alterations to a shop front (retrospective) all at 150 High Street, Irvine.

The Sub Committee agreed as undernoted:-

(i) N/98/00323/ADC

To grant the advertisement consent subject to the following condition:-

1. That the display shall be for a period of five years from the date of this consent.

(ii) N/98/00322/PP

Page 11 (A) To refuse planning permission on the following grounds:-

1. The shop front, by way of its design and appearance, is detrimental to the visual appearance of the listed building and its setting in Irvine Town Centre Conservation Area and as such would be contrary to Heritage Policy 4 (Works Affecting Listed Buildings) and Heritage Policy 5 (Conservation Areas) in the adopted Irvine/Kilwinning Local Plan; and

(B) To serve an Enforcement Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 to secure the removal of the unauthorised shop front (including the fascia sign).

(iii) N/98/00324/LBC

(A) To refuse listed building consent on the following grounds:-

(B) To serve a Listed Building Enforcement Notice under Section 34 of the Town and Country Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to secure the removal of the unauthorised shop-front (including the fascia sign).

6.2 N/02/00059/PP: Dreghorn: Shalom Nursing Home: 163 Main Street Mr J Robb, c/o Shalom Nursing Home, 163 Main Street, Dreghorn has applied for planning permission for the removal of Condition number 1 of planning permission 01/95/0659 relating to a restricted occupancy, the formation of vehicular access from an adjoining site and the inclusion of additional land into the curtilage at Shalom Nursing Home, 163 Main Street, Dreghorn.

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

1. That the proposed vehicular access from the adjoining site, shown hatched green on the approved plan shall be formed no later than 30 April 2003 to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the first 2 metres of the access, measured from the heel of the footway shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway.

3. That the access from the turning facility shall be a dropped kerb footway crossing to be formed as detailed in Sections 5.2 and 10.8 (and Figure.10.16)

Page 12 of the Roads Development Guidelines.

4. That prior to the occupation of the house, the curtilage of the house shall be enclosed by a fence, details of which shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the erection of the fence.

6.3 N/02/00435/PP: Girdle Toll: 7 Braefoot Peter Dewar, 7 Braefoot, Girdle Toll, Irvine has applied for planning permission for the erection of a conservatory (retrospective) at 7 Braefoot, Girdle Toll, Irvine. A letter of representation has been received from R J Bell, 8 Braefoot, Girdle Toll, Irvine.

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

6.4 N/02/00108/PP: Kilwinning: Torranyard: Braemoor Holiday Village The Operators of Braemoor Holiday Village, Torranyard, Kilwinning have applied for planning permission for an amendment of Condition number 9 of planning approval CH/76/740 to read, "That all static caravans should be used for short term holidays or stays linked to on-site activities and not as permanent accommodation unless by a member of staff employed by the Holiday Park". A letter of representation has been received from Andrew T McClurg, Laigh Auchenharvie Farm, Torranyard, Kilwinning.

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

1. That within one month of the date of this permission a plan shall be submitted showing the location of the static vans to be occupied by staff and the approved position of and the number of static vans shall not be varied unless agreed in writing with North Ayrshire Council as Planning Authority.

6.5 N/01/00830/OPP: Kilwinning: Seven Acres Mill Michael O'Hanlon, 27A Stanley Road, Saltcoats has applied for outline planning permission for the erection of a dwellinghouse at Seven Acres Mill, Kilwinning.

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

1. That the proposed development would be contrary to Policy ENV1 of the adopted Irvine/Kilwinning Local Plan in that it would constitute residential development in the countryside area where no special justification has been demonstrated for the construction of a dwellinghouse in this location.

2. That, if granted, an undesirable precedent would be set for further residential development in the countryside area to the detriment of its character and detracting from the amenity it affords.

3. That the information submitted with the application failed to demonstrated to North Ayrshire Council's satisfaction as Planning Authority that the site is not at risk from flooding and is not located within the flood plain of the Lugton

Page 13 Water.

4. That the information submitted with the application has not demonstrated to the satisfaction of North Ayrshire Council as Planning Authority that the site is not contaminated with hazardous waste which may have been deposited on it or under it in its past use as a sawmill.

7. Closure of Right of Way at Former Garage Site, Herbertson Crescent, Irvine Submitted report by the Assistant Chief Executive (Legal and Regulatory) on a public path closure order under the Countryside (Scotland) Act 1967.

Representations have been received from residents of Herbertson Crescent, Irvine regarding various instances of anti social behaviour at the former garage site which is situated to the rear of their properties at Nos. 28 - 62 Herbertson Crescent, Irvine.

It is proposed that the Council promote a Public Path Closure Order under the Countryside (Scotland) Act 1967 to close access at both ends of the former garage site.

The Sub Committee agreed to promote a Public Path Closure Order at the former garage site at Herbertson Crescent, Irvine.

8. Naming of New Private Housing Development, by Kinneil Development Company. Limited., adjacent to Kinneil House, Lamlash, Isle of Arran Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new private housing development adjacent to Kinneil House, Lamlash, Isle of Arran.

The Sub Committee agreed that the development be named "Kinneil Park" as recommended by the local member.

9. Naming of New Private Housing Development, by Redrow Homes, Off Dalgarven Wynd, Kilwinning Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development Off Dalgarven Wynd, Kilwinning.

The Sub Committee agreed that the streets within the development be named "Mountcastle Wynd" and "Woodfarm Close" as recommended by the local member.

10. Naming of New Private Housing Development, by Mr Marshan, Off Stoneyholm Road, Kilbirnie Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new private housing development Off Stoneyholm Road, Kilbirnie.

The Sub Committee agreed that the development be named "Steven Place" as recommended by the local member.

The meeting ended at 3.00 p.m.

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