Committee Minutes

Planning Committee 23 October 2006

IRVINE, 23 October 2006 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m.

Present David Munn, Tom Barr, John Moffat, Ian Clarkson, Elizabeth McLardy, Margaret Munn, Alan Munro, David O'Neill, Robert Rae, Donald Reid and John Reid.

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

Chair Councillor D. Munn in the Chair. Apologies for Absence Margie Currie, Elisabethe Marshall and Ian Richardson.

A. ITEMS REQUIRING APPROVAL BY COUNCIL

1. Dalry Conservation Area: Public Consultation Response

Submit report by the Assistant Chief Executive (Development and Promotion) on the outcome of the public consultation on the proposal to designate a Conservation Area in Dalry with an Article 4 Direction.

The proposals were advertised in the Irvine Herald and 2 staffed exhibitions were held at Dalry library. 2 responses, detailed in Appendix 1 to the report, were received as a result of the consultation exercise. 1 proposal recommended an extension to the proposed Conservation Area boundary, as shown in the boundary map in Appendix 2 to the report.

The Committee agreed (a) to approve the responses to the public consultation as set out in Appendix 1 to the report; and (b) to proceed with formal procedures to designate a Conservation Area in Dalry as detailed in Appendix 2 to the report.

2. Kilbirnie Conservation Area: Public Consultation Response

Submitted report by the Assistant Chief Executive (Development and Promotion) on the outcome of the public consultation on the proposal to designate a Conservation Area in Kilbirnie.

Page 1 The proposals were advertised in the Irvine Herald and 2 staffed exhibitions were held at Kilbirnie library. 2 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.

3. SPP10 Planning Waste Management

Submitted report by the Assistant Chief Executive (Development and Promotion) on the content of the consultation draft of Scottish Planning Policy (SPP)10: Planning for Waste Management and on a proposed response to the Scottish Executive.

The SPP:-

 sets out the challenges for planning identifying locations for new waste treatment facilities, to be achieved through the Development Plan process, underpinned by Strategic Environmental Assessment;  supports a range of waste technologies, including transfer stations, material recycling facilities and thermal treatment;  supports the proximity principle of locating waste facilities close to where waste arises and to well-linked transport networks;  recognises that, whilst the preference is for waste facilities to be located on industrial or brownfield land, greenfield sites promoted in development plans may provide, for example, locational advantages or economies of scale which justify such a location;  contains a model policy to be incorporated into Development Plans at the earliest opportunity;  acknowledges that landfill will continue to be required and should be safeguarded by Development Plans, as should existing facilities; and  encourages Planning Authorities to consider requiring the preparation of Site Waste Management Plans as a condition of planning permission

The Committee agreed to submit the comments detailed in Appendix 1 to the report as the Council's response to the consultation.

4. SPP11 Physical Activity and Open Space Consultation

Submitted report by the Assistant Chief Executive (Development and Promotion) on the content of the consultation draft of SPP11, the implications for Development Plans, Development Management, Grounds Maintenance and Education and on a proposed response to the Scottish Executive.

Page 2 SPP11 sets out national planning policy for sport and recreation in urban and rural settings and for the provision and protection of open spaces within and on the edges of settlements. The SPP proposes that:-

 Development Plans be required to protect open space from development;  the Scottish Executive be advised when an Open Space Audit has been completed and when an Open Space Strategy has been finished;  a model Development Plan Policy be inserted into every local authority's Local Plan to set an identical nationwide policy for the protection of open space;  national minimum standards for open space are introduced, based on gross floor areas in new developments relating to retail, business, industry, distribution, leisure and residential use; and  there will be increased consultation with SportsScotland, Scottish Natural Heritage and Greenpeace Scotland when dealing with developments affecting open space.

The Committee agreed to approve the comments set out in Appendix 1 to the report as the Council's response to the consultation.

5. East Ayrshire Local Plan Consultation

Submitted report by the Assistant Chief Executive (Development and Promotion) on the content of the East Ayrshire Local Plan Consultative Draft and on a proposed response to the consultation.

There are two significant issues for North Ayrshire Council arising from the East Ayrshire Local Plan:-

 the new housing land allocations identified in the Local Plan significantly exceed the requirements of the Finalised Ayrshire Joint Structure Plan, in that there appears to be an over-supply of 35% for 1,365 houses and, in the Kilmarnock Core Area and Glasgow Link Corridor, there is an over-allocation of 37%, i.e. 827 units; and  contrary to the strategic guidance given in the Structure Plan, East Ayrshire's Local Plan states that it does not preclude the release of land for housing east of the A77/M77 and on either side of the A76 in the vicinity of the Bellefield Roundabout.

There is also concern about a number of other issues surrounding land supply data and the housing land calculation, provision for brownfield urban capacity and the stated output (housing density) from greenfield release sites.

Page 3 The Committee agreed (a) to make representations to East Ayrshire Council regarding non-conformity with the policies in the Finalised Ayrshire Joint Structure Plan as a result of the allocation of land for housing in the East Ayrshire Local Plan Consultative Draft; and (b) that the Chief Executive advise East Ayrshire Council, by 27 October 2006, that the formal response will be sent subject to ratification by the Council on 31 October 2006.

6. Naming of New Housing Developments

Submitted reports by the Assistant Chief Executive (Development and Promotion) on the naming of new housing developments at the following locations:-

6.1 Isle of Arran: Brodick: Site off Glencloy Road: Development by Trust Housing Association Limited

The Committee agreed to name the development "Hendry Place".

6.2 Kilbirnie: Site off School Road: Development by Ptarmigan Developments

The Committee agreed to name the development "Ladyland Place".

6.3 Saltcoats: Site off Burns Avenue: Development by Stewart Milne Homes

The Committee agreed to name the streets within the development "Dunbar Gardens", "Kenneth Campbell Place", "Wilson Place", "Allan Gardens", "Weaver's Way", and "Salter's Way".

7. Naming of Existing Street off Dunlop Crescent, Dreghorn

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of an existing street off Dunlop Crescent, Dreghorn.

The Committee agreed to name the existing street "Greenwood Gate".

8. Naming of a Street within a New Housing Development by Casa Fina Construction at New Street, Stevenston

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a street within a new housing development at New Street, Stevenston.

The Committee agreed to name a street within the development "Moore Place".

Page 4 B. ITEMS DETERMINED UNDER DELEGATED POWERS

9. Arran Area

9.1 06/00880/PP: Brodick: Ivy Cottage Quarry

Murchie Sand and Gravel Ltd., Ivy Cottage Quarry, Brodick, have applied for planning permission for a modification to planning approval N/01/97/0317 to increase working hours at Ivy Cottage Quarry, Brodick to 7am-7pm Monday to Friday and 7am-noon Saturday. An objection has been received from Gerald and Carolyn Jameson, Glenshant Cottage, Brodick.

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

1. That, subject to compliance with conditions 2-5 below, the permitted opening hours of the quarry site shall be:

Monday - Friday 7.00 am - 7.00 pm Saturdays 7.00 am - noon Sundays Closed Public Holidays Closed

For the avoidance of doubt, there shall be no operational activity outwith the permitted working hours.

2. That, within 2 months of the date of approval, a programme of planned road maintenance for the quarry access track shall be prepared and submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any road maintenance scheme as may be approved shall be brought into operation, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, within 2 months of the date of approval, a traffic management scheme designed to regulate the movement of quarry traffic prior to 9 am shall be prepared and submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any traffic management scheme as may be approved shall be brought into operation, to the satisfaction of North Ayrshire Council as Planning Authority.

4. That an advisory 10 mph speed limit be applied to all vehicles along the whole length of the quarry access track. This shall be signed appropriately at the entrance to the track adjacent to its junction with the A841, to the satisfaction of North Ayrshire Council as Planning Authority within 2 months of the date of approval.

Page 5 5. That, within 2 months of the date of approval, the gap in the quarry bunding to the south of Mossend Cottage shall be closed, to the satisfaction of North Ayrshire Council as Planning Authority.

9.2 06/00669/PP and 06/00770/LBC: Dippin: Dippin Lodge

Mr. and Mrs. Armstrong, Dippin Lodge, Dippen, have applied for planning permission and listed building consent for the erection of a 2-storey extension to the side of the detached dwellinghouse at that address, including a terrace and extension to the rear including a swimming pool.

The Committee agreed to refuse planning permission and listed building consent on the following ground:-

1. That the proposed development, by reason of its scale, design and effect on the setting of Dippin Lodge, would be contrary to Policy BE 4 of the Adopted Isle of Arran Local Plan, and would represent an unacceptable overdevelopment of the dwelling, to the detriment of its character.

10. Ardrossan/Saltcoats/Stevenston Area

10.1 06/00836/LUE: Saltcoats: 35-37 Countess Street

C.I. Johnston Ltd., Lindencort House, 34 Charlotte Street, Manchester, have applied for a Certificate of Lawfulness for an existing use as a public house at 35-37 Countess Street, Saltcoats.

In order to justify the issuing of a Certificate of Lawfulness for an existing use, an applicant must demonstrate that the use of the premises has existed for at least 10 years. In this case, documentation submitted by the applicant in support of the application demonstrates the use of the premises as a public house for a period of more than 10 years prior to the date of the application.

The Committee agreed to issue a Certificate of Lawfulness for the existing use of the premises at 35-37 Countess Street, Saltcoats as a public house.

10.2 06/00825/PP: Ardrossan: Site at 2, 3 and 5 Winton Place

David Rogers, 6c South Crescent Road, Ardrossan, has applied for planning permission for the demolition of existing buildings and the erection of 12 flats with associated parking on a site at 2, 3 and 5 Winton Place, Ardrossan.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement, or other suitable arrangement deemed appropriate by the Council, to provide a financial contribution to the Council for the provision of play facilities in the local area; and (b) the following conditions :-

Page 6 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 that may be approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

2. That, prior to the occupation of any of the flatted dwellinghouses hereby approved, (i) a 2 metre wide footway along the frontage of the site from Winton Street to Hill Place shall be provided and a drop kerb footway crossing shall be formed to North Ayrshire Council Roads Guidelines; (ii) the accesses shall be designed in such a way that no surface water shall issue onto the public road; (iii) the first 2 metres of the accesses measured from the edge of the carriageway shall be surfaced in bituminous material in order to prevent deleterious material being carried onto the carriageway; and (iv) the car parking areas shall be formed as illustrated on the plans hereby approved, all to the satisfaction of North Ayrshire Council as Planning Authority.

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

4. That, prior to the commencement of the development hereby approved, the applicant shall submit proposals for hard and soft landscaping within the site, for the written approval of North Ayrshire Council as Planning Authority.

5. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants 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.

Page 7 6. That, prior to the occupation of any of the flats and where Council adoption of open space areas is not to be pursued, there shall be submitted for approval of North Ayrshire Council as Planning Authority details of the proposed factor or management agency and a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space areas. The landscape management plan shall be carried out in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

7. That, prior to the commencement of the development hereby approved, the applicant shall submit details of the proposed bin stores and boundary enclosures, for the written approval of North Ayrshire Council as Planning Authority.

8. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

10.3 06/00782/PP: Stevenston: 57-89 Caledonian Road, 14-54 and 1-57 Lundholm Road

Persimmon Partnerships (Scotland) Limited, 77 Bothwell Road, Hamilton, have applied for planning permission for the erection of 28 terraced dwellings and 28 semi-detached dwellinghouses with associated car parking and landscaping at 57-89 Caledonian Road, 14-54 and 1-57 Lundholm Road, Stevenston.

1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of: (i) the external finishes to the proposed dwellinghouses; (ii) all areas of hard surfacing including footpaths, parking bays and manoeuvring areas; and (iii) all boundary and plot division enclosures.

Page 8 2. 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 implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority a Drainage Assessment which shall be prepared in accordance with the SUDS Working Party Guidelines "Drainage Assessment, a Guide for Scotland" and shall address the following: the effects of a 1/200 year storm and run off plus climate change, the effects of differing storm intensities over and above the ten year return, the extents of differing flood conditions, shown on a plan to ensure that no water enters the buildings or restricts movement of emergency vehicles, including an assessment of flow routing of surface water through the site, a strategy for dealing with any field drainage affected by the works, and a maintenance regime for surface water drainage measures. All calculations shall be approved and certified by a suitably qualified person and any works required as a result of the drainage issue assessment shall be undertaken prior to the occupation of the dwellinghouses.

4. That, prior to the commencement of the development hereby approved, the recommendations contained in Johnson Pool and Bloomer's Report "Lundholm Road, Ardeer, Ground Water Investigation Report March 2005 Ref: FG072-15/MAK/JWM/PSL shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

6. That no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a scheme of landscaping, which shall include details of species, planting densities, soil treatment and aftercare and shall include indications of all existing trees and hedgerows on the land and details of any to be retained together with measures for their protection in the course of the development.

Page 9 7. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants 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.

8. That, prior to the occupation of any of the dwellinghouses and where Council adoption of open space areas is not to be pursued, there shall be submitted for approval of North Ayrshire Council as Planning Authority, details of the proposed factor or management agency and a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space areas. The landscape management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

9. That the driveways and accesses to the parking courts shall be designed in such a way that no surface water shall issue from them onto the public road.

10. That, 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 provision of bin collection points for the courtyard housing off Lundholm Road, which bin collection points shall be provided to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of any of the courtyard houses.

11. Garnock Valley Area

11.1 06/00842/PP: Beith: Site to South East of 9 Rowan Avenue

Roddy McAulay, 9 Rowan Avenue, Beith, has applied for planning permission for the erection of a detached dwellinghouse on a site to the south east of that address.

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

1. That the proposed development constitutes an unacceptable form of backland development which would be detrimental to the character and amenity of the residential area and would, therefore, be contrary to the aims and objectives of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran).

Page 10 11.2 06/00902/PP: Kilbirnie: 13 Bridgend

Galebrae Limited, c/o 13 Bridgend, Kilbirnie, have applied for planning permission for a proposed change of use from a social club to public house at that address. Representations have been received from Ms. L. Magilton, Flat G/L, no. 16 and Peter Welsh, Flat G/L, no. 18, both Muirend Street, Kilbirnie.

The Chief Development Control Officer advised of the content of a letter from the applicant in response to an issue raised by the representees concerning the enclosure of the rear of the site.

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

1. That, prior to the commencement of the use hereby permitted, a 1.8m fence shall be erected along the rear boundary and in the gap in the east boundary and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

11.3 06/00803/PP: Beith: 1 Macdonald Court

William Kelly, 1 Macdonald Court, Beith, has applied for retrospective planning permission for the erection of kennels for domestic purposes to the rear of the detached dwellinghouses at that address. Objections have been received from S.R. Smith, no. 13 and J.F. Miller, no. 15, both Macdonald Court, Beith.

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

1. That the kennels hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse and not in connection with any commercial use.

11.4 06/00905/PP: Kilbirnie: 72 Main Street: Kilbirnie Post Office

Imran Akhtar, 34 Dunlin, Westerlands Park, Anniesland, Glasgow, has applied for planning permission for a proposed change of use to incorporate a cafe within the Post Office at 72 Main Street, Kilbirnie. An objection has been received from Kilbirnie and Glengarnock Community Council, 29 School Wynd, Kilbirnie.

The Chief Development Control Officer advised of the content of a representation from the local Member, Councillor Bell, requesting that consideration be given to a specific condition that the use of the premises should not include a hot food take-away.

Page 11 The Committee, having considered the terms of the objection and representation, agreed to grant the application subject to the following conditions:-

1. That the use hereby permitted shall not operate between the hours of 5pm in any day and 9am the following day, nor at any time on Sundays without the prior written approval of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the use of the premises as a cafe, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the proposed ventilation arrangements for the cafe. Thereafter, the ventilation arrangements which may be approved shall be installed prior to the commencement of the use and operated thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the use of part of the premises as a cafe, hereby approved, shall not include the sale of food or beverages for consumption off the premises.

11.5 06/00635/PP: Kilbirnie: 23-31 Cochrane Street

McAlindon Design Studio, 40-42 Charles Street, Largs, have applied for planning permission for a proposed change of use of open ground to a builder's materials storage yard at 23-31 Cochrane Street, Kilbirnie.

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

1. That the proposed change of use of the land to builder's materials storage yard would be contrary to: (i) the Adopted North Ayrshire Local Plan (excluding Isle of Arran) which allocates the site for residential purposes and; (ii) the Development Control Statement of the Local Plan by reason of its adverse impact on the character and amenity of the area and the adverse visual impact of the proposed boundary fence.

11.6 06/00843/PP: Kilbirnie: Site to North of Standingstone Hill

Wind Hydrogen Ltd., 1 Llain Wen, Tynygongl, Anglesey, have applied for planning permission for the erection of a temporary 50 metre meteorological mast for a period of approximately 2 years on a site to the north of Standingstone Hill, Kilbirnie.

The Chief Development Control Officer advised that a total of 21 individual letters of objection and 242 copies of a standard letter of objection have been received to date in respect of the application. He also reported on an objection from the local member, Councillor Bell, and on the content of a consultation response received from the Scottish Wildlife Trust.

Page 12 The Committee expressed support for the Scottish Wildlife Trust's suggestion that construction work should not disturb breeding bird areas.

The Committee, having considered the terms of the objections, agreed, Councillors McLardy and John Reid dissenting, to grant the application subject to the following conditions:-

1. That the mast hereby permitted shall be removed and the land restored to its former condition on or before 31 October 2008.

2. That no construction work shall take place within the bird breeding season, the exact dates of which shall be agreed with North Ayrshire Council as Planning Authority prior to the commencement of the development.

11.7 06/00844/PP: Kilbirnie: Site to South of Black Law

The Committee expressed support for the Scottish Wildlife Trust's suggestion that construction work should not disturb breeding bird areas.

The Committee, having considered the terms of the objections, agreed, Councillors McLardy and John Reid dissenting, to grant the application subject to the following conditions:-

1. That the mast hereby permitted shall be removed and the land restored to its former condition on or before 31 October 2008.

12. Irvine/Kilwinning Area

12.1 06/00609/PP: Irvine: 130-132 High Street

C.J. Lang and Sons, 70 Longtown Road, Dundee, have applied for retrospective planning permission for the replacement of the shop front at 130-132 High Street, Irvine.

Page 13 The Committee agreed (a) to refuse the application on the following ground:-

1. That the shop front is contrary to Policies BE1 and BE5 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the shopfront, by way of its design and finish, detracts from the character and appearance of the Irvine Town Centre Conservation Area and the listed building. 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.

12.2 06/00784/ADC: Irvine: Riverway Retail Park: 1A Riverway

Next, Desford Road, Enderry, Leicester, have applied for Advertising Consent for the erection of 3 internally illuminated fascia sign boards to the front of the retail unit at 1A Riverway, Riverway Retail Park, Irvine.

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

1. That the two signs above the canopy, by way of their position, size and style, are detrimental to the visual amenity of the building and to the Retail Park in general and do not accord with the existing agreed guidance for the display of advertisements at the Riverway Retail Park. and (b) to serve an Enforcement Notice under Regulation 24 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 to secure the removal of the unauthorised box fascia signs.

12.3 06/00797/PP: Kilwinning: 72-80 Main Street

Planet Projects (Scotland) Ltd., Burnfield House, 4 Burnfield Road, Glasgow, have applied for planning permission for a proposed change of use of the single unit at 72 Main Street (Unit 3) from retail (Class 1) to financial and professional (Class 2) and alterations to buildings at 72-80 Main Street, Kilwinning. Objections have been received from Richard Raper Planning Ltd., 82a Otley Road, Leeds and Ms. Carolyn Reed, 20 Main Street, Kilwinning.

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

1. That the change of use hereby approved shall be limited to ground floor unit 3 as annotated on approved drawing no. 06-07-03/2 Rev. A.

Page 14 2. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy, as agreed with North Ayrshire Council, shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

12.4 05/00938/PP: Kilwinning: Gateside Farm: Gateside Riding Stables

Mrs. K. Rankin, Gateside Riding Stables, Gateside Farm, Kilwinning, has applied for planning permission for the modification of planning approval 03/00507/PP to increase the trading hours to 9am to 8pm (April-September) and 9am to 6.30pm (October-March) and to increase the number of stalls from 12 to 26 at that address. An objection has been received from Hugh McDerment, Gateside Lodge, Kilwinning.

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

1. That access to the riding school/livery business for customers, deliveries, etc shall only be by means of the existing access at the northeast corner of the site.

2. That the riding school shall not operate nor shall there be customer access to the livery stables between the hours of 8pm and 9am the following morning from 1 April to 30 September, nor between the hours of 6.30pm and 9am from 1 October to 31 March, unless North Ayrshire Council as Planning Authority gives written approval to any variation.

3. That the maximum number of stalls shall be 26 unless North Ayrshire Council as Planning Authority give written consent to any variation.

4. That, prior to the formation of the additional stalls and the commencement of the longer hours of operation hereby approved, all the parking spaces shown on the approved drawing number 0547/01 shall be formed and available for use, and shall be maintained thereafter, to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the formation of the additional stalls and the commencement of the longer hours of operation hereby approved, separate drainage arrangements for Gateside Farm meeting the requirements of Environmental Health and SEPA shall be brought into use, and shall be maintained thereafter, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That no activities associated with the riding school and livery business, including exercising and riding of horses, shall take place on the land within the applicant's control coloured blue on the approved drawing no. 0547/01.

Page 15 13. North Coast and Cumbraes Area

13.1 06/00846/PP: Largs: 50 Woodcroft Avenue

Scott McCallum, 50 Woodcroft Avenue, Largs, has applied for planning permission for the erection of an extension to the side of the semi-detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. D. Green, 46 Woodcroft Avenue, Largs.

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

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

13.2 06/00894/PP: Largs: 13 Haco Street

K. Dyer, 13 Haco Street, Largs, has applied for planning permission for the erection of an extension to the rear of the property at that address, incorporating a garage, formation of upper floor extension, incorporating the installation of a rear dormer window, 3 front rooflights and 1 side rooflight. An objection has been received from David Watson, 15 Haco Street, Largs.

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

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

2. That the dormer hereby approved shall be clad in slate to match the roof finish of the dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

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

4. That the rooflight shaded blue on the approved plans shall be of obscure glass. Prior to any works commencing on site, a sample of the obscure glazing shall be submitted to, and agreed in writing with, North Ayrshire Council as Planning Authority. Thereafter, the obscure glazing shall remain in position and not be removed without the prior written consent of North Ayrshire Council.

Page 16 13.3 06/00034/PP and 06/00035/LBC: Millport: 12 Crichton Street

W. Girvan, 12 Crichton Street, Millport, has applied for (a) planning permission for the temporary siting of caravan, erection of a rear extension, the installation of 2 front and 2 rear rooflights, the installation of new windows and the erection of a detached garage to the rear of the mid-terraced dwellinghouse; and (b) listed building consent for the demolition of the existing outhouses, erection of a rear extension, the installation of 2 front and 2 rooflights and the installation of new windows at that address. Objections have been received from Mr. and Mrs. W. Bremner, G/L, no. 14, K. Welsh and G. Lundie, no. 9, Ms. J. Watson, no. 14 and Isobel Brown, no. 14 all Crawford Street, Millport.

The Committee expressed the view that the temporary siting of a caravan at this location should be limited to a period of 2 years.

The Committee, having considered the terms of the objections, agreed (a) to grant planning permission 06/00034/PP, subject to the following conditions:-

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

2. That details of the re-instatement of part of the rear boundary wall shall be submitted for the written approval of North Ayrshire Council as Planning Authority and, thereafter, any such details which may be approved shall be implemented within 12 months of the date of this consent, unless otherwise agreed in writing, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development, the applicant shall submit samples or details of the proposed external finishes for the written approval of North Ayrshire Council as Planning Authority. For clarification, it should be noted that the roof of the extension and the garage shall be finished in slate.

4. That, prior to the commencement of the development, the applicant shall submit details of the proposed rooflights and rainwater goods, for the written approval of North Ayrshire Council as Planning Authority. For clarification, it should be noted that all rooflights should be of a conservation style and flush to the roof plane and all rainwater goods should be of metal.

5. That the window shaded blue on the approved plans shall be omitted from the development, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That, prior to the commencement of the development, the applicant shall submit details of the proposed windows and doors for the written approval of North Ayrshire Council as Planning Authority. For clarification, it should be noted that all windows and doors shall be timber and the windows shall be traditional sliding sash and case.

Page 17 7. 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 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 occupation of the development hereby approved, (i) a drop kerb footway crossing shall be formed to North Ayrshire Council Roads Guidelines, (ii) the access shall be designed in such a way that no surface water shall issue onto the public road and (iii) the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway, all to the satisfaction of North Ayrshire Council as Planning Authority.

9. That, within one month of occupation of the dwellinghouse or by the 23rd October 2008, whichever date is the earlier, the temporary siting of the caravan shall discontinue and the caravan removed, to the satisfaction of North Ayrshire Council as Planning Authority. and (b) to refer listed building consent application 06/00035/LBC to Historic Scotland and to grant listed building consent, subject to the following conditions, unless Historic Scotland issue a direction in response to the referral:-

1. That, prior to the commencement of the development, the applicant shall submit details of the proposed rooflights and rainwater goods, for the written approval of North Ayrshire Council as Planning Authority. For clarification, it should be noted that all rooflights should be of a conservation style and flush to the roof plane and all rainwater goods should be of metal.

2. That the window shaded blue on the approved plans shall be omitted from the development to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development, the applicant shall submit details of the proposed windows and doors, for the written approval of North Ayrshire Council as Planning Authority. For clarification, it should be noted that all windows and doors shall be timber and the windows shall be traditional sliding sash and case.

13.4 06/00886/PP: West Kilbride: Seamill: 10 Hyndman Road

Mr. and Mrs. Sim, 10 Hyndman Road, Seamill, West Kilbride, have applied for planning permission for the erection of an extension to rear of the semi-detached dwellinghouse, including the erection of a conservatory and the formation of a balcony at that address. An objection has been received from Robert A. McKillop, 8 Hyndman Road, Seamill, West Kilbride.

Page 18 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 and notwithstanding the plans hereby approved, the balcony shall be re-designed to incorporate appropriate screening to either side, and the details submitted for the written approval of North Ayrshire Council as Planning Authority. Prior to the occupation of the extension, the development shall be implemented in accordance with the details as may be approved and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, for the avoidance of doubt, the en-suite bathroom window shall be fitted with obscure glass, which shall be maintained to the satisfaction of North Ayrshire Council as Planning Authority.

13.5 06/00824/LUE: Largs: 18-20 Gallowgate Street

Cullis's Amusements, 18-20 Gallowgate Street, Largs, have applied for a Certificate of Lawfulness for an existing use of the forecourt area for the siting of 2 children's rides and 2 vending machines at that address.

In order to justify the issuing of a Certificate of Lawfulness for an existing use, an applicant must demonstrate that the use of the premises has existed for at least 10 years. In this case, documentation submitted by the applicant in support of the application demonstrates the use of the small area of ground fronting the amusement centre for a period of 12 years prior to the date of the application.

The Committee agreed to issue a Certificate of Lawfulness for the existing use of the forecourt area for the siting of 2 children's rides and 2 vending machines.

13.6 06/00877/PP: West Kilbride: Seamill: Site to South East of 1 Glenbryde Road

Robert MacPherson, 54 Ardrossan Road, Seamill, West Kilbride, has applied for planning permission for the erection of a 2-storey detached dwellinghouse on a site to the south east of 1 Glenbryde Road, Seamill, West Kilbride. Objections have been received from Mrs. Anne Bairden, Meadow Cottage, 1 Glenbryde Road and West Kilbride Community Council, per Mr J.G. Lamb, no. 97, Ashley and Valerie Pringle, The Meadow, no. 54, Jim and Katherine Smith, Woodlands, no. 54B, Allan Green and Amanda Lennox, Summerdale, all Ardrossan Road, Seamill, West Kilbride.

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

Page 19 1. That the proposed development would be contrary to the Development Control Statement of the North Ayrshire Local Plan (Excluding Isle of Arran) in that: (i) by reason of its siting, scale and design, the proposed dwellinghouse would constitute over-development of the site and unsatisfactory backland development which would be detrimental to the character and amenity of the area; and (ii) it would be prejudicial to road and pedestrian safety, in that inadequate sight lines cannot be formed at the access to the development on land within the applicant's ownership or control.

13.7 06/00911/PP: West Kilbride: 30 Gateside Street

Ms. Maria Smith, 30 Gateside Street, West Kilbride, has applied for planning permission for the formation of a driveway to the side of the dwelling flat at that address. An objection has been received from West Kilbride Community Council, per Mr J.G. Lamb, 97 Ardrossan Road, Seamill, West Kilbride.

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, the applicant shall submit details of any proposed access gates for the written approval of North Ayrshire Council as Planning Authority.

2. 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.

3. That, the access and driveway shall be designed in such a way that no surface water shall issue onto the public road.

4. That, prior to the commencement of development, the first 3 metres of the side boundary wall shall be reduced in height to a maximum of 1.05 metres, to the satisfaction of North Ayrshire Council as Planning Authority, unless otherwise agreed in writing with North Ayrshire Council as Planning Authority. The required alterations to the wall shall be completed to the satisfaction of North Ayrshire Council as Planning Authority.

14. Isle of Arran: Kings Cross: Site to East of 1 and 2 Seaside : Enforcement Notice

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to unauthorised works carried out in breach of approved plans.

Page 20 Approval was granted on 29 March 2005 for a small area within the building to the east of 1 and 2 Seaside, Kings Cross to be designated as an office and rest area and the remainder of the building to be used as a produce packing shed in association with the applicant's organic farm. In August 2006, a report was received that the building had been fitted out as a house and this was confirmed during a site visit by the Planning Inspector. The applicant was advised to strip the building of all fixtures and fittings and either re-fit it to comply with the approved plans, or make a retrospective application for appropriate planning permission. To date, the applicant has failed to carry out either of these actions and remains in breach of consent.

The Committee agreed to approve the service of an Enforcement Notice to amend the works carried out to comply with the approved plans.

15. Irvine: New Street: Land at former Scottish Tourist Board: Enforcement Notice

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to the removal of an unauthorised internally illuminated triple-sided totem sign.

An application for Advertisement Consent for the erection of an internally illuminated triple-sided totem sign was refused by the Planning Committee on 27 February 2006. The applicant did not lodge an appeal against this decision and the period for submitting an appeal has expired. The unauthorised totem sign has now been erected and no response has been received to two letters requiring the removal of the sign.

The Committee agreed to approve the service of an Enforcement Notice to require the removal of an unauthorised internally illuminated triple-sided totem sign.

The Meeting ended at 3.50 p.m.

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