Planning Committee 30 May 2007

IRVINE, 30 May 2007 - At a Meeting of the Planning Committee of North Council at 2.00 p.m.

Present Robert Barr, Matthew Brown, Ian Clarkson, John Ferguson, Elizabeth McLardy, Ronnie McNicol, John Moffat, David Munn, Ryan Oldfather, Robert Rae

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

Chair Elizabeth McLardy in the Chair. Apologies for Absence Margie Currie and Pat McPhee. 1. Appointment of Chair and Vice Chair

The Council, at its adjourned Statutory Meeting on 22 May 2007, agreed that a Chair and Vice Chair of the Planning Committee be appointed by the Committee at its first meeting. Accordingly, the Assistant Chief Executive (Legal and Protective) called for nominations for these positions.

Councillor Brown, seconded by Provost Rae, moved the appointment of Councillor McLardy as Chair of the Planning Committee and Councillor Currie as Vice Chair. There being no further nominations, the Committee agreed that Councillors McLardy and Currie be appointed as Chair and Vice Chair, respectively.

ITEMS DETERMINED UNDER DELEGATED POWERS

2.

2.1 07/00134/PP: : Site to west of Birchvale

Mr George Pettigrew, Birchvale, Brodick, Isle of Arran has applied for planning permission for the erection of a detached dwellinghouse on a site to the west of Birchvale, Brodick. An objection has been received from H.M. MacLeod, Cnoc Ranald, Brodick. A representation has also been received from G. Hamilton, Birchvale Cottage, Brodick, both Isle of Arran.

Page 1 The Committee, having considered the terms of the objection and representation, 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 Isle of Arran Local Plan, in that it would result in backland development which would (i) detract from the amenity of the donor house and adjoining residential properties; (ii) not be in keeping with the density and pattern of surrounding developments, which would be detrimental to the amenity of the surrounding area; and (iii) establish an undesirable precedent for similar developments within the locality, which would be detrimental to the character and amenity of the area.

2.2 07/00254/OPP: : Middle Road: Elder Park

W Jessiman, J Robson & L Murdoch, 17 Gleniford Drive, Barrhead have applied for outline planning permission for a residential development on a site at Elder Park, Middle Road, Isle of Arran. Objections have been received from Hugh M Thomson, Mingulay, K Burns, Middlemarch, and Brendan & Mary Maguire, 4 Heatherhill Chalets, all Middle Road, and from Heather & Les MacLeod, 6 Heatherhill, all Whiting Bay, Isle of Arran.

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

1. That the proposed development does not accord with the Development Control Statement of the Adopted Isle of Arran Local Plan in that (i) it would represent overdevelopment of the site and backland development, which would be detrimental the character and amenity of the surrounding area; and (ii) the additional traffic generated by the development would be prejudicial to road safety given the substandard nature of Middle Road between the application site and the A841.

2.3 07/00369/PP: : Land to north east of Camus Ban

Dr & Mrs D J Price, Camus Ban, Machrie, Isle of Arran have applied for planning permission for a change of use of agricultural land to form a garden area and the erection of a garden hut (retrospective) at land to the north east of Camus Ban, Machrie, Arran. Objections have been received from Jonathan Muirhead of The Macklebae and John Anderson of Hillcrest, both Machrie, and from Audrey Anderson, 94 Brandy Riggs, Cairneyhill, Fife. Representations have been received from Alistair and Barbara Black, Bayview, Machrie and Dr and Mrs Eason of Ellerlee, 39 Alexandra Street, Kirkintilloch.

The Planning Services Manager advised of an amendment to the proposed condition in the interests of clarifying the use of the ground in question.

Page 2 The Committee, having considered the terms of the objections and representations, agreed to grant the application, subject to the following condition:-

1. That the application site shall not form part of the curtilage of Camus Ban; and shall be used solely as private open space, and for no other purpose

3. Garnock Valley

3.1 07/00126/PP: : Site to north and east of Arran Crescent

Mr Jim Davis, c/o BM Design, Glenburn House, 39 Glenburn Road, College Milton, East Kilbride has applied for planning permission for the erection of 2 detached dwellinghouses with associated car parking on a site to the north and east of Arran Crescent, Beith. Objections have been received from Linda Carruthers, No.14, Mr & Mrs T Steel, No, 12, both Roebank Road, Beith, from Mr & Mrs S A Wilkes, No. 23, Mr H Henderson & Mrs J Henderson, No. 22, Claire Tolmie, No. 12, James Campbell, No. 16, Victoria McNee, No. 18 and Charles & Anita McGurk, No, 24, all Arran Crescent, Beith, from Mr & Mrs Wilkes/Henderson/Carruthers, per Greta M Roberts, 8 Main Road, Waterside, Kilmarnock and from Beith & District Community Council, per Julie Crook, Secretary, 3 Lochlands Grove, Beith.

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

1. That the proposed development would not conform with criteria (a), (b) and (d) of the Development Control Statement in the Adopted Local Plan (excluding Isle of Arran), in that siting of the proposed dwellinghouses would comprise backland development, that their design would be out of character with the surrounding area, that they would be likely to have a detrimental effect on the amenity of adjacent houses and the surrounding area through loss of trees, and that the access arrangements would not meet North Ayrshire Council's Roads development Guidelines with regard to sightlines.

2. That the proposed development would be contrary to Policy BE 5 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would have an adverse effect on the setting of the listed building, within the grounds of which it would take place.

3.2 07/00333/PP: Beith: Eglinton Street: Saracen's Head Hotel

Mr Edward Easton, c/o Saracen's Hotel, Eglinton Street, Beith has applied for planning permission to form a beer garden to the rear of the hotel at that address. An objection has been received from Gail Brogan and Carrick Smith, 20A The Cross, Beith.

Page 3 The Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:-

1. That the use hereby permitted shall not operate between the hours of 11.00 pm in any day and 11.00 am the following day.

2. That details of any enclosures or gates, shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Thereafter, any such details which may be agreed shall be implemented prior to the occupation of the beer garden hereby approved and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

3.3 07/00368/PP: Beith: 28 Lomond Crescent

Mr & Mrs H Murray, 28 Lomond Crescent, Beith have applied for planning permission for the erection of an extension to the rear of the detached dwellinghouse at that address.

The Committee agreed to grant the application.

4. Irvine/

4.1 06/01225/PP: Kilwinning: Road: Site to the east of Tourney Inn

Ardoch Properties Limited, Ardoch Farm, Old Glasgow Road, Kilwinning have applied for planning permission for the erection of 4 semi-detached dwellinghouses and 15 flats with associated car parking and access road at the site to the east of Tourney Inn, Fergushill Road, Kilwinning.

The Committee expressed the view that, in the interests of road safety, parking provision within the proposed development should be the subject of further consideration by Roads Services.

The Committee agreed to continue consideration of this application to a future meeting to allow for further advice to be sought from the Council's Roads Services on the issue of parking provision within the proposed development.

4.2 07/00196/PP: Kilwinning: : Balcomie

Mr & Mrs Scott, Balcomie, Benslie, Kilwinning have applied for planning permission for a change of use of garage and workshop, including extensions to rear and side to form a detached dwellinghouse, at that address.

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

Page 4 1. That the proposed conversion of the garage and store into a dwellinghouse would be contrary to criteria (a), (b) and (c) of Policy ENV1a of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the building is not of an appropriate scale and character for the proposed use, it is detached from the main building group and the proposed use of five dormers would dominate the original building to the detriment of the setting of the area.

4.3 07/00338/PP: Kilwinning: Pennyburn: 7 Ardmillan Square

Mrs Margaret Ballantyne, 7 Ardmillan, Kilwinning has applied for planning permission for the erection of a 1.7m high boundary wall and gate to the rear of the end-terraced dwellinghouse at that address. An objection has been received from the Occupier, 6 Ardmillan Square, Kilwinning.

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

4.4 07/00325/PP: : 153-161 Main Street

Waterside Developments, Waterside House, 8 Kit Road, Dunlop have applied for planning permission for the erection of 12 detached dwellinghouses at 153-161 Main Street, Dreghorn. An objection has been received from Mr and Mrs T Gaw, 55 Station Brae Gardens, Dreghorn. A petition has also been received, signed by all the residents of flats 1 -12 Muirhall Place, Dreghorn.

The Committee expressed the view that a further condition should be added, to safeguard Annick Water from any potential spillage of soil associated with construction of the proposed development.

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

1. That the roofing material shall be a flat grey tile, a sample of which shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.

2. That the drainage arrangements as shown on Drawing A1.2954 01(E) or any subsequent approved amendment shall be operational before any house is occupied.

Page 5 3. That no development shall take place within the development site as outlined red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Archaeology Service, and approved by North Ayrshire Council as Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken, to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service.

4. That the footpath link to the adjoining site located next to Plot 4 and the new private access to the house at No. 163a Main Street shall be formed within six months of the commencement of the development and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the integral garages in the dwellinghouses shall be available at all times for the parking of vehicles, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That details of the boundary enclosures shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Thereafter, any such details which may be agreed shall be implemented prior to the occupation of each house and, thereafter, maintained all to the satisfaction of North Ayrshire Council as Planning Authority.

7. That, prior to the commencement of any development, details of the pumping station shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority.

8. That, prior to the commencement of the development hereby approved, details of a scheme of measures to prevent any significant soil slip into the Annick Water, arising from the development, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

4.5 07/00365/PP: Dreghorn: 15 Maid Morville Avenue

Mr & Mrs Coppard, 15 Maid Morville Avenue, Dreghorn have applied for planning permission for the erection of a conservatory to the front of the end-terraced dwellinghouse at that address.

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

Page 6 1. That the proposed development would be contrary to criteria (a) and (b) of the Development Control Statement contained within the North Ayrshire Local Plan (Excluding Isle of Arran) in that, by reason of its scale, siting, design and external appearance, the conservatory would detract from the appearance of the dwellinghouse and the amenity of the area.

5. North Coast and Cumbraes

5.1 07/00147/PP: : 4 Anthony Road

Mr Alan Dunn, 4 Anthony Road, Largs has applied for planning permission for the erection of an extension to the side and rear of the detached dwellinghouse at that address. Objections have been received from Mr and Mrs Eastabrook, No. 6, Mr Derrick R. Weatherley, No. 8 and Mrs McClelland, No 1, all Anthony Road, Largs.

The Chief Development Control Officer advised of the deletion of the first proposed condition on the basis that the applicant had effectively complied with its terms.

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

1. That, during demolition and building operations, a temporary fence shall be erected along the eastern boundary of the site along the line coloured green on the plans hereby approved. The fence shall be 2 metres in height and shall be designed to obscure the view of the construction site from the neighbouring properties. Upon completion of the building operations, the fence shall be removed to the satisfaction of North Ayrshire Council as Planning Authority.

5.2 07/00233/PP & 07/00317/CAC: Isle of Cumbrae: Millport: 8 Barend Street

Mr A Moss, 8 Barend Street, Millport, Isle of Cumbrae has applied for planning permission and listed building consent for the demolition of outbuildings and the erection of an extension to the rear of the dwellingflat at that address. Objections have been received from J. Weanie, No. 12 and Mrs M Knox, Flat G/1, No. 6, both Barend Street, Millport, Isle of Cumbrae.

The Committee, having considered the terms of the objections, agreed (a) to grant the planning application 07/00233/PP, subject to the following conditions:-

1. 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.

Page 7 2. 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 shall be of a conservation style and flush to the roof plane and all rainwater goods shall be of metal. and (b) to grant listed building consent application 07/00317/LBC, subject to Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

5.3 07/00349/PP: : 23 Portencross Road

Mr Alexander Jack, 23 Portencross Road, West Kilbride has applied for planning permission for the erection of a conservatory and decking to the side, detached double garage to the side and wind turbine to the rear of the detached dwellinghouse at that address. Objections have been received from A Wentworth, 21A Portencross Road, West Kilbride and Mr & Mrs Stewart, 30 Balmanno Gardens, Bridge of Earn, Perth, on behalf of the residents of 21A Portencross Road, West Kilbride.

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

1. That the wind turbine hereby approved shall be operated such that the night-time noise levels in the bedrooms of the dwellinghouses of the application site and neighbouring properties do not exceed 30 dB LAeq (8hour), and the day time noise levels in the living rooms of these dwellinghouses do not exceed 35 dB LAeq (16 hour).

2. That the turbine shall be operated in such a manner that the parameters of a Noise Rating Curve 25 are not exceeded in the bedrooms of the application site and those of the neighbouring residential properties.

3. That, in the event of the wind turbine failing to produce electricity for any continuous period in excess of 6 months, it shall be deemed to have ceased to be required and, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority, shall be dismantled and removed from the site within the following 6 months to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the external finishes to the extension and garage shall match those of the existing dwellinghouse unless North Ayrshire Council as Planning Authority gives written consent to any variation.

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

Page 8 6. That, prior to the commencement of the development, details of the proposed balustrade that is to be erected around the decking structure, shall be submitted for the prior written approval of North Ayrshire Council as Planning Authority.

6. 04/01103/PP: Irvine: Site to east of 1 Sillars Meadow

Submitted report by the Assistant Chief Executive (Legal and Protective) on a previous decision of the Planning Sub Committee of the Corporate Services Committee in respect of a site to the east of 1 Sillars Meadow, Irvine.

On 18 April 2005, the Planning Sub-Committee of the Corporate Services Committee agreed to grant planning permission for the erection of a one-and-a-half storey detached dwellinghouse on a site to the east of 1 Sillars Meadow, Irvine, subject to (a) the applicant entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to secure the permanent provision of an access for emergency vehicles within the application site, and (b) three conditions.

The need for access for emergency vehicles to the land, footpath and riverbank was identified by the Council's Flooding, Coast Protection and Quality Co-ordinator, Roads Services, and it was proposed that a right of access be reserved over a strip of land along the eastern boundary of the site. A fence, which could be removed if access was required, was identified as the most appropriate boundary arrangement along the edge of the strip. A Section 75 Agreement was considered to be the best mechanism to secure the permanent provision of the access as it would be recorded in the title of the property.

Following the Sub-Committee's decision, the Council's Legal Services entered into negotiations with the applicant's lawyer regarding the terms of a Section 75 Agreement. However, although a draft Agreement was drawn up, there has been no agreement on its final form and planning permission has not, therefore, been issued.

The applicant has advised that he wishes to appeal against the requirement for a Section 75 Agreement. There is no mechanism for a formal appeal; however, the Committee may reconsider the original decision as the application remains undetermined.

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

1. That development of the site, in the absence of any arrangement to allow emergency access to the land, footpath and riverbank to the south, would be detrimental to the interests of pbulic safety as it would interfere with the Council's duties under the Flood Prevention and Land Drainage (Scotland) Act 1997 with regard to the maintenance of watercourses.

Page 9 7. Beith: 16 Wardrop Street: Application for Certificate of Appropriate Alternative Development (CAAD): Reference 07/00208/CAAD

Submitted report by the Assistant Chief Executive (Legal and Protective) on an application for a Certificate of Appropriate Alternative Development (CAAD) in respect of an area of land at 16 Wardrop Street, Beith.

The land in question is subject to compulsory purchase by Tansport Scotland. A Certificate of Appropriate Alternative Development (CAAD) is a method of establishing the valuation of land in such cases and is, in effect, a hypothetical planning permission.

In this instance, the alternative development proposed by the applicant is residential, commercial or industrial uses. The recommendation of the Assistant Chief Executive (Legal and Protective) is that planning permission would have been granted only for Class 4 small scale business use only.

The Committee agreed to issue a Certificate of Appropriate Alternative Development stating that planning permission would have been granted for any development for which the land is to be acquired or for small scale business use within Class 4 of the Town and Country Planning (Use Classes) (Scotland) Order 1997, but would not have been granted for any other development.

8. Dalry: Land at 4 Kerse Avenue: 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 unauthorised decking at 4 Kerse Avenue, Dalry.

On the 25 January 2006, planning permission was granted for the erection of an extension to the side and front of a semi-detached dwellinghouse at 4 Kerse Avenue, Dalry. On 31 August 2006, a complaint was received that, in addition to the approved extension, unauthorised decking had been erected along the rear elevation of the dwellinghouse and also along the mutual side boundary with the neighbouring property. A site visit by the Planning Inspector confirmed that planning permission for the decking was required.

The owners of the property in question have been advised to make a retrospective application for planning permission but, to date, have failed to comply.

The Committee agreed to approve the serving of an Enforcement Notice in terms of Section 127 of the Town and Country Planning (Scotland) Act 1997 for the removal of the unauthorised decking at 4 Kerse Avenue, Dalry.

Page 10 9. Urgent Item

The Chair agreed that the following item be considered.

9.1 Outcome of Planning Appeal: 06/00492/PP: Largs: Routenburn Road: Largs Wastewater Treatment Works

The Assistant Chief Executive (Legal and Protective) referred to an application by Scottish Water for the modification of planning approval 04/00398/PP to remove Condition 9 to allow the lamella tanks and biofilter to be uncovered at Largs Water Treatment Works, Routenburn Road, Largs.

The matter was considered by the Planning Committee on 13 November 2006, which agreed to refuse the application, on the ground that the proposed removal of the condition would be contrary to the need to retain a high standard of protection against the possibility of odours from the Wastewater Treatment Works and, therefore, the proposal would be contrary to the Precautionary Principle of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding the Isle of Arran).

Following the Committee's decision, the applicants lodged an appeal with the Scottish Executive Inquiry Reporters' Unit, which appeal has been upheld by the Reporter.

Noted.

The Meeting ended at 3.15 p.m.

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