Planning Committee 10 April 2006

IRVINE, 10 April 2006 - At a Meeting of the Planning Committee of Council at 2.00 p.m.

Present David Munn, Tom Barr, John Moffat, Ian Clarkson, Margie Currie, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn, Alan Munro, Robert Rae, Donald Reid, John Reid and Ian Richardson.

In Attendance I.T. Mackay, Assistant Chief Executive, J. Miller, Chief Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); A. Wattie, Communications and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor D. Munn in the Chair. Apologies for Absence Stewart Dewar. 1. Minutes

The Minutes of the Meetings of the Committee held on 27 February 2006 and 20 March 2006, copies of which had previously been circulated, were confirmed.

2. Declarations of Interest

Councillor Barr declared an interest in items 9.7 and 9.8 and left the meeting for those items of business. Councillor J. Reid declared an interest in item 8.1 and took no part in the discussion thereon.

A. ITEMS REQUIRING APPROVAL BY COUNCIL

3. Conservation Area: Public Consultation

Submitted report by the Assistant Chief Executive (Development and Promotion) on the outcome of public consultation on the designation of West Kilbride Conservation Area.

The proposals were advertised in the and Millport Weekly News and 2 manned exhibitions were held at West Kilbride library. 5 responses, detailed in Appendix 1 to the report, were received as a result of the consultation exercise. None resulted in a recommended change to the proposed Conservation Area boundary, as shown in Appendix 2 to the report.

Page 1 The Committee agreed to (a) approve the responses to the public consultation as set out in Appendix 1 to the report; and (b) add West Kilbride to the list of designated Conservation Areas.

4. Conservation Area: Public Consultation

Submitted report by the Assistant Chief Executive (Development and Promotion) on the outcome of public consultation on the amended boundary of the designated Skelmorlie Conservation Area.

The proposal was advertised in the Largs and Millport Weekly News and 2 manned exhibitions were held at Skemorlie Library. A total of 7 responses, set out in Appendix 1 to the report, were received as a result of the consultation exercise. The majority recommended an extension to the Conservation Area to the south along Eglinton Terrace and the inclusion of Balvonie House and Stroove. Following consideration of the submissions received, it was recommended that the Conservation Area should be altered only in respect of a minor extension encompassing the boundary wall on the south side of Montgomerie Terrace and the property at 9 Shore Road.

The Committee agreed to (a) approve the responses to the public consultation as set out in Appendix 1 to the report; and (b) confirm the designation of the extended Skelmorlie Conservation Area boundary as shown in Appendix 2 to the report.

5. Consultation Paper: Enhancing our Care of 's Landscapes

Submitted report by the Assistant Chief Executive (Development and Promotion) on a proposed response to the Scottish Executive Consultation Paper on "Enhancing our Care of Scotland's Landscapes".

Local Authorities are required to have policies in Development Plans to protect National Scenic Areas (NSAs) and the designation must be taken into account when planning applications are considered. There are currently 40 designated NSAs in Scotland, including one covering the north of Arran.

The consultation paper proposed:-

 a new power for Scottish Ministers to designate, de-designate or revise the boundaries of NSAs, in consultation with Scottish Natural Heritage (SNH) and Local Authorities;  powers for SNH and Local Authorities to bring forward proposals on NSAs;  a definition of the purpose of NSAs; and

Page 2  that the aim of designation should be to manage changes arising from development and other pressures consistent with the underlying special qualities of the NSA, while recognising the social and economic needs of communities.

In addition, it was proposed that, by 2010, local authorities, with the close involvement of SNH, Historic Scotland and VisitScotland, should have prepared and implemented a management strategy for any NSAs in their area. These should then be the subject of a biannual review and a more fundamental review at a maximum of 7-year intervals.

The Appendix to the report set out the proposed responses to the consultation questions.

The Committee agreed to (a) approve the response set out in Appendix 1 to the report; and (b) authorise the Assistant Chief Executive (Development and Promotion) to send the response to the Scottish Executive by the submission date of 24 April 2006 and advise the Executive that the response will require to receive formal approval by the Council on 16 May 2006.

Page 3 B. ITEMS DETERMINED UNDER DELEGATED POWERS

6. Arran Area

6.1 06/00096/PP: : Netherby Cottage

Helen Barclay, "Netherby", Shore Road, Whiting Bay, , has applied for planning permission for the erection of a 2-storey extension to the side of the detached dwellinghouse at that address. A representation has been received from James and Catherine Ritchie, Elim, Silverhill, Whiting Bay, Isle of Arran.

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

6.2 05/00819/PP: Kildonan: Kildonan Road: Site to the East of Old Schoolhouse Self-Catering Cottages

John Thomson Construction Ltd., Park Terrace, , Isle of Arran, have applied for planning permission for the erection of 9 dwellinghouses, garages and associated roads and footpaths on a site to the east of the Old Schoolhouse Self-Catering Cottages, Kildonan Road, Kildonan, Isle of Arran. Objections have been received from David C. McPherson, c/o the Kildonan Hall and Improvements Committee, Lloyds Cottage, Mrs. Mamie Stewart, Craigend and Gordon T. Hotchkiss, on behalf of M. Wilson, The Schoolhouse, all Kildonan, Isle of Arran.

The Planning Services Manager advised of an amendment of the 3rd proposed ground for refusal to include a reference to the possible impact of the development on the SSSI at Kildonan Foreshore.

The 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 the objectives of the Development Control Statement in the Adopted Isle of Arran Local Plan and, in particular, criterion (a) siting, design and external appearance, which states that "siting of development should have regard to the relationship of the development to existing buildings and the visual effects of the development on the surrounding area and landscape."

2. That the proposed development, by reason of its suburban layout and the number of houses, would have an adverse effect on the rural character and landscape setting of the area, to the detriment of both the development and its context.

Page 4 3. That no flood risk or drainage assessment has been submitted in support of the application nor have details of foul drainage and its possible impact on the SSSI at Kildonan Foreshore. It has, therefore, not been possible to evaluate or assess these risks and associated environmental impacts.

6.3 06/00018/PP: Kingscross: Cladach (South House)

Mr. and Mrs. Leach, Moorthwaite, Carnforth, Lancs., have applied for planning permission for the erection of an extension to the front and side of the semi-detached dwellinghouse at Cladach (South House), Kingscross, Isle of Arran. An objection has been received from A.M. Parker, 11 Deanston Gardens, Doune (owner of the adjoining house at the site).

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

1. That the proposed extension shall be provided with an adequate and wholesome water supply, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

2. That effluent disposal arrangements shall comply with the current code of practice BS6297:1983 to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development, a plan illustrating the proposed scheme of surface water drainage shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the scheme as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the extension.

4. That the extension hereby approved shall function as an integral part of Cladach (South House) and shall not be sub-divided to form an independent dwellinghouse, let or sold separately from the existing dwelling.

7. // Area

06/00071/PP: Stevenston: 5 Glen Crescent

Jessie Phillips, 5 Glen Crescent, Stevenston, has applied for planning permission for the erection of a 2m high timber fence and timber decking to the front and side of the end terraced dwellinghouse at that address.

Page 5 The Committee agreed to refuse the application on the following ground:-

1. That the development would be contrary to criteria (a) and (b) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran), as the proposed fence, by virtue of its height and position, would be visually obtrusive and would have a significant adverse impact on the character and the amenity of the area.

8. Garnock Valley Area

8.1 06/00102/PP: Dalry: 22 Main Street

Mrs. Aasma Anwar, 55 Rankin Court, Kilmarnock, has applied for planning permission for a change of use from a hairdressers to form a hot food takeaway at 22 Main Street, Dalry. Objections have been received from Ms. Elizabeth Donnelly, no. 20 and Wan Yau Shek, Golden Eagle Takeaway, no. 27, both Main Street and Robert Barr, 37 Westpark Wynd, all Dalry.

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

1. That the proposed use would be contrary to Policy TC1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) in that the development would represent a concentration of similar uses in close proximity, to the detriment of the vitality and residential amenity of the locality, and the development would be located below a currently occupied residential flat.

2. That the proposed use would be contrary to the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran), as the proposed use would create late night noise and disturbance, to the detriment of the residential amenity of the area.

8.2 06/00180/PP: : 2 Headlands Grove

Robert Danks, 2 Headlands Grove, Beith, has applied for planning permission for a change of use from open space to form garden ground at that address. An objection has been received from Ian Taylor, 17 Aitken Drive, Beith.

The Chief Development Control Officer advised that a late consultation response has been received from Beith Community Council, per Julie Crook, Secretary, 3 Lochlands Drive, Beith, indicating that the Community Council has no objection to the proposal.

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

Page 6 1. That the proposed change of use would be contrary to Policy OS1.3(b) of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) as it would set an undesirable precedent for further incremental loss of open space, to the detriment of the amenity of the area.

2. That the proposed change of use would be contrary to the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) as piecemeal development of part of a site, with no regard to the proper planning of the larger area and the preservation and planting of trees, to the detriment of the amenity of the area.

9. Irvine/ Area

9.1 05/01166/OPP: Irvine: Site to the West of Cottage

Derek Leitch, Lawthorn Cottage, Irvine, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the west of that address.

The Committee 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 details of access to, and parking and turning facilities within, the site shall comply with the Council's Roads Development Guidelines, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the septic tank and outfall shall be located so as not to cause nuisance, to the satisfaction of North Ayrshire Council as Planning Authority.

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

5. That, within three months of the date of this permission, the steel container located within the site shall be removed.

Page 7 6. That, within three months of the date of this permission, a scheme of replacement tree planting along the south east boundary of the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority, and shall, thereafter, be implemented in the first planting season following such approval; 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 and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

9.2 06/00097/PP: Irvine: 97 Clark Drive

Mr. and Mrs. Priest, 97 Clark Drive, Irvine, have applied for retrospective planning permission for the erection of gates and a fence to the side of the end terraced dwellinghouse at that address. An objection has been received from Mr. and Mrs. McCall, 99 Clark Drive, Irvine.

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

9.3 06/00249/PP: Irvine: 99 Woodlands Avenue

Mr. Williamson, 99 Woodlands Avenue, Irvine, has applied for planning permission for the erection of a porch to the front of the semi-detached dwellinghouse at that address.

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

1. That the proposed development would be contrary to the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that its design and external appearance would be out of character with the existing house and surrounding area by way of its siting, design and finish and would, therefore, also have a detrimental impact on the amenity of the area.

9.4 06/00053/PP: Irvine: : 11 Lochlibo Court

William Paterson, 11 Lochlibo Court, Girdle Toll, Irvine, has applied for retrospective planning permission for the erection of a 1.8m fence at that address. An objection has been received from Morag Duffy, 11 Tollhouse Way, Girdle Toll, Irvine.

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

Page 8 9.5 06/00024/PP: Irvine: Site to the West of 9 Rannoch Place

Vodafone Limited, Vodafone House, The Connection, Newbury, have applied for planning permission for the erection of a 12m steelworks pole supporting 3 3G antennae together with a steel works cabinet and meter cabinet on a site to the west of 9 Rannoch Place, Irvine. Objections have been received from Helen Malcolmson, Chairperson, Castlepark and Eglinton Tenants and Residents Group, A. Niven, Secretary, Irvine Community Council, 11 Leven Place and M. Ritchie, Chairperson, Castlepark and Eglinton Community Association, 4 Castlepark Road, all Irvine.

The Chief Development Control Officer recommended that, since the ground in question was in the ownership of the Council and the objections received were on behalf of organisations potentially representing a significant number of individuals, the Committee agree to grant the application subject to referral to Scottish Ministers.

The Committee, having considered the terms of the objections, agreed to grant the application subject to (a) referral to the Scottish Ministers in terms of the Town and Country Planning (Notification of Applications) (Scotland) Directions 1997; and (b) the following condition, unless the Scottish Ministers issue a direction in response to the referral:-

1. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority.

9.6 06/00066/PP: Irvine: Wilson Avenue: Meadow Park

Orange PCS Ltd., Masterton Way, Uddingston, Glasgow, have applied for planning permission for the erection of 2 antennae, 2 300mm dishes on the north of the football stand and the erection of equipment cabinets and a 3.5mm palisade fence at Meadow Park, Wilson Avenue, Irvine. Objections have been received from D. Anderson, no. 1, H. Hogg, no. 2, R. Jackson, no. 6, all Alexander Place, M. MacDonald, no. 16, K. Johnstone and L. Wilson, no. 1d, S. Lambie, no. 1e, M. Miller no. 1g and D. and E. Kerr, no. 1h, all James Crescent, all Irvine.

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

1. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority.

Page 9 9.7 05/01188/PP: Irvine: Middleton Farm: Plot 5

J. Stuart Dewar, 3 Gate, Middleton Road, Irvine, has applied for planning permission for an amendment to planning approval 04/0097/PP to form an enlarged dwellinghouse at Plot 5, Middleton Farm, Irvine. Two letters of representations have also been received from B. Lennon and Mrs. I. Lennon, 10 Shanter Wynd, Ayr.

The Committee, having considered the terms of the objection and representations, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to criteria (a), (b) and (c) of Policy ENV1A and the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran) in that the proposed raising of the wallhead and the enlargement of the extension would both over-dominate the existing building, and detract from the character and appearance of the existing building and the area in general.

9.8 06/00100/PP: Irvine: Middleton Farm: Plot 4

B. Lennon, c/o ADM Architecture and Design, The Stable, Craighead, Dunlop, has applied for retrospective planning permission for an amendment of planning approval 04/00097/PP to alter the elevations and raise the wallhead at Plot 4, Middleton Farm, Irvine. Objections have been received from Councillor Jane Gorman, 7 Greenside Terrace, Springside, Irvine and Mr. and Mrs. Stuart Dewar, 3 Perceton Gate, Irvine together with 2 letters from their solicitors, Mitchells Robertson.

The Chief Development Control Officer advised that the proposed increase in the height of the wallhead was some 850mm and not 600mm as indicated in the report.

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

1. That the proposed development would be contrary to criteria (a), (b) and (c) of Policy ENV1A in the Adopted North Ayrshire Local Plan (excluding Isle of Arran) and the Development Control Statement, in that the raising of the wallhead and the resultant increase in height of the roof would not be of an appropriate scale and would alter the character of and over-dominate the existing building and the courtyard complex; and (b) serve an Enforcement Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 to secure the re-instatement of the roof to the approved position.

Page 10 9.9 06/00195/PP: Irvine: Littlestane Road: Site to the North of 3 Kames Court

MM02 Ltd., Craig House, Mason Street, Motherwell, have applied for planning permission for the replacement of a 15 metre high flexicell and the installation of an equipment cabinet on a site to the north of 3 Kames Court, Littlestane Road, Irvine. 18 letters of objection have been received as detailed in Annex 1 to the report.

The Committee, having considered the terms of the objections, agreed, unless the Scottish Ministers issue a direction in response to the referral, to grant the application subject to the following conditions:-

1. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the rear of proposed mast and cabinet shall be sited a minimum of 2 metres from the edge of the adjoining carriageway.

10. North Coast and Cumbraes Area

10.1 06/00168/PP: Largs: 29 Burnside Road

Mr. and Mrs. Allan Muirhead, 29 Burnside Road, Largs, have applied for planning permission for the erection of an extension and detached garage to the rear of the detached dwellinghouse at that address. Representations have been received from Mrs. Andrews, no. 16 and Mr. Connal, no. 18 both Rankin Drive, Largs.

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

1. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse. For the avoidance of doubt, no commercial or business activity shall be undertaken from the garage hereby approved.

2. That the external finishes to the extension shall match those of the existing dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 11 10.2 06/00052/PP: West Kilbride: Site to the North of 51 Meadowfoot Road

Mr. and Mrs. Brown, 51 Meadowfoot Road, West Kilbride, have applied for planning permission for the erection of a detached dwellinghouse at that address. An objection has been received from J. Lamb, 97 Ardrossan Road, , West Kilbride on behalf of West Kilbride Community Council.

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

1. That, prior to the commencement of the development hereby approved, details of a scheme to treat the surface water arising from the site in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

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

3. That a drop kerb footway crossing shall be formed to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

4. That no surface water shall issue from the access/driveway onto the public road.

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

6. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

10.3 06/00074/OPP: West Kilbride: Site to the West of 1 Ardrossan High Road

Mr. and Mrs. Paul Healy, 128 Meadowfoot Road, West Kilbride, have applied for outline planning permission for the erection of a detached dwellinghouse on a site to the west of 1 Ardrossan High Road, West Kilbride. Objections have been received from Barbara S. MacLennan, no. 1 and G. and Mrs. E.J. Bell, no. 3, both Ardrossan High Road, West Kilbride and from West Kilbride Community Council, per J. Lamb, 97 Ardrossan Road, Seamill, West Kilbride.

Page 12 The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to the Development Control Statement of the Adopted Local Plan, in that it would not be in keeping with the siting and density of development on the south side of Meadowfoot Road and would result in the loss of trees which would be detrimental to the character and amenity of the area.

10.4 06/00030/PP: West Kilbride: Site to the North and East of 15 Thirdpart Holdings

Marie Macdonald, 59 Eglinton Road, Ardrossan, has applied for retrospective planning permission for the siting of a static caravan on a site to the north and east of 15 Thirdpart Holdings, West Kilbride.

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

1. That the proposal is contrary to the provisions of Policy ENV 1 of the Adopted North Ayrshire (excluding Isle of Arran) Local Plan as insufficient justification/need for a static caravan to be sited at this location has been submitted.

2. That by reason of its siting and design, the caravan appears incongruous within this rural location and is detrimental to the visual amenity of the area. and (b) serve an Enforcement Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 to secure the removal of the unauthorised static caravan.

The Meeting ended at 2.55 p.m.

Page 13