Planning Committee 25 March 2008

IRVINE, 25 March 2008 - At a Meeting of the Planning Committee of North Council at 2.00 p.m.

Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, Ian Clarkson, John Ferguson, Ronnie McNicol, Pat McPhee, John Moffat, Ryan Oldfather and Craig Taylor.

In Attendance J. Miller, Chief Development Management Officer, A. Fraser, Manager, Legal Services, M Lee, Senior Development Management Officer and A. Craig, Senior Solicitor (Litigation) (Legal and Protective); and M. Anderson, Corporate Support Officer (Chief Executive's).

Chair Councillor McLardy in the Chair. Apologies for Absence David Munn 1.

08/00018/PP: Corrie: Site to North of Dunard

John Thomson Construction, Benlister Road, , , Isle of Arran, have applied for planning permission for the erection of a detached dwellinghouse with attached garage on a site to the north of Dunard, Corrie, Isle of Arran. A representation has been received from Hilary McCall, 2 Bellisle Avenue, Uddingston.

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

1. That, prior to the occupation of the dwellinghouse hereby approved, the access and parking arrangements shown on drawing number 1208:PL2A shall be fully implemented in accordance with the approved details, to the satisfaction of Council as Planning Authority.

2. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority (i) full details of all hard surfaces, means of boundary enclosures, (ii) a flood investigation report demonstrating that the dwellinghouse and neighbouring properties will not be affected by flooding from the burn which crosses the site and also that the dwellinghouse will not be affected by surface water run-off from the hillside to the west and (iii) finished floor and ground levels.

Page 1 3. That the development hereby approved shall not commence until details of all the drainage arrangements have been submitted to and agreed in writing with North Ayrshire Council as Planning Authority.

4. That the house hereby approved shall not be occupied until the approved drainage arrangements are fully installed in accordance with the details approved in writing under Condition 3 above.

5. That, prior to the commencement of the development hereby approved, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for the landscaping of the application site, which approved landscaping details shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority within 1 year of the occupation of the dwellinghouse hereby approved.

6. That a sightline splay of 2.5m x 35m to the south at the junction with the A841 shall be provided and maintained on land within the applicant's control, such that there is no obstruction to visibility above a height of 1.05 metre measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

2.1 / and

2.1 07/01150/PP: Stevenston: Warner Street: Eagle House

William Lambie, Eagle House, Warner Street, Stevenston, has applied for planning permission for a proposed change of use from a coach and taxi operator to a commercial garage, to include MOT testing station and vehicle repairs, at that address. An objection has been received from D. McMillan, 3 Limekiln Road, Stevenston.

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

1. That the hours of operation of the site shall be limited to 0800 - 1900 hours on any day. Outwith these hours, the premises shall be closed for all business activities.

2. That all parking associated with MOT testing and vehicle repairs (including staff, delivery vehicle and customer parking) shall take place within the site boundary, as defined in the plans hereby approved.

3. That there shall be no external storage of redundant vehicles, scrap metal, refuse, parts, plant or equipment on any part of the site, including the "coach parking area", as illustrated on the approved site plan.

Page 2 2.2 08/00001/PP: Saltcoats: 7 Sidney Street

Claymore Properties, c/o GLG Design, Beech Studio, 10 Berryhill Road, Giffnock, , have applied for planning permission for the erection of a 91 bed self-contained care home with associated car parking and landscaping at 7 Sidney Street, Saltcoats. Objections have been received from Mrs. I. Marcus, 11 Sidney Street, C. Diamond, 18 Eglinton Street and Dr. A.M. Sonnet, no. 6A, Shelagh Roberts, no. 12 and H. McMaster, no. 17, all Winton Circus, all Saltcoats. A representation has also been received from Saltcoats Community Council, per G.M. Taylor, 109 Argyle Road, Saltcoats.

The Chief Development Management Officer referred to the receipt of further correspondence in respect of the application and recommended continuation of the application to allow consideration of this.

The Committee agreed to continue consideration of the application to a future meeting of the Committee.

2.3 08/00025/OPP: Stevenston: Site to South of 56 Boglemart Street

Mark Whitley and Phyllis McFedries, 89 Argyle Road, Saltcoats, have applied for outline planning permission for the erection of a detached dwellinghouse with attached garage on a site to the south of 56 Boglemart Street, Stevenston. An objection has been received from G.L. Hearn, Property Consultants, 16 Gordon Street, Glasgow on behalf of their clients National Grid who own the land to the rear of the application site.

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

1. That the proposed development would be contrary to criteria (a) Siting, Design and External Appearance, and (b) Amenity, of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) as piecemeal/backland development, which would adversely affect the amenity of neighbouring residential properties and be detrimental to the proper planning of the area, and would create an undesirable precedent for other similar development to the north of the site to the detriment of residential amenity in the area.

3. Garnock Valley

3.1 08/00115/OPP: : Threepwood Road: Site to South West of Grangehill

Grangehill Estates, Grangehill, Threepwood Road, Beith, have applied for outline planning permission for the erection of a dwellinghouse for an estate worker on a site to the south west of that address. An objection has been received from Mrs. Patricia Thomson, The Courtyard, Threepwood Road, Beith.

Page 3 Councillor Taylor, seconded by Councillor R. Barr, moved that the Committee grant the application, subject to a Section 75 Agreement to limit occupation of the dwellinghouse and to detailed conditions in terms of siting, design, landscaping and treatment of effluent and surface water.

As an amendment, Councillor Moffat, seconded by Councillor McLardy, moved that the Committee refuse the application for the reasons set out in the report.

On a division, there voted for the amendment 4 and for the motion 6 and the motion was declared carried.

Accordingly, the Committee, having considered the terms of the objection, agreed to grant the application, subject to (a) the applicants entering into a Section 75 Agreement to limit occupation of the dwellinghouse to a person employed on Grangehill Estate, Beith, or a dependent of such a person and (b) 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 septic tank shall be located in such a position as will enable it to be emptied by road tanker.

3. 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 Manual for 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.

4. That effluent disposal arrangements shall comply with "The Scottish Building Standards: Technical Handbook: Domestic" issued in May 2005 and with the Water Environment (Controlled Activities) (Scotland) Regulations 2005, subject to satisfactory percolation testing and with surface water excluded from the septic tank, all to the satisfaction of North Ayrshire Council as Planning Authority.

3.2 08/00114/OPP: Beith: Site to the North of 13 Lancaster Avenue

Neil McTaggart, 13 Lancaster Avenue, Beith, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the north of that address. Objections have been received from Helen G.D. Stephen, no. 32, Gordon Stephen, no 32, Hamish MacAskill, no. 10 and Rosemary MacAskill, no. 10, all Lancaster Avenue, Beith.

Page 4 The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed development would not meet Criteria (a) and (b) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that a new dwellinghouse would represent overdevelopment of the existing house plot, would detract from the amenity of the adjacent residential properties, would not provide an acceptable standard of residential amenity and would result in the loss of an open area planted with trees.

3.3 07/01160/OPP: Beith: Site to the West of Brownmuir Farm

J. Young, 40 Roebank Road, Beith, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the west of Brownmuir Farm, Beith.

The Senior Development Management Officer advised of an amendment to the pre-condition in respect of the proposed Section 75 Agreement in order to link it to the farm in question.

The Committee agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit occupation of the dwellinghouse to a person employed in agriculture at Part Brownmuir Farm, Beith (Farm Code 201/0098), or a dependant of such a person; and (b) 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, prior to the commencement of the development hereby approved, the cattle shed proposed under prior notification no. 06/01028/AN shall be erected.

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

4. That the matters reserved by condition 1 above shall be accompanied by a flood risk assessment of the site.

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.

Page 5 3.4 07/00977/PP: : Site to South of 12 Road

Cunninghame Housing Association, 82-84 Glasgow Street, Ardrossan, have applied for planning permission for the erection of a residential development comprising 53 semi-detached dwellinghouses and the formation of a new access road on a site to the south of 12 Largs Road, Kilbirnie. An objection has been received from R.G. Smith, 12 Largs Road, Kilbirnie.

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 for the written approval of North Ayrshire Council as Planning Authority exact details or samples of the proposed external finishes.

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 Manual", published in March 2007, 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.

3. That, prior to the commencement of the development hereby approved, a drainage assessment shall be prepared in accordance with the SUDS Working Party Guidelines "Drainage Assessment, a Guide for Scotland". The discharge of storm water from the development shall comply with the stipulated design criteria, current SUDS Design Guidance (Ciria Report C521) and any requirements of Scottish Water. The drainage assessment shall address the following: the effects of a 1 in 200 year storm and run-off, plus climate change; the effects of differing storm intensities over and above the 10 year return; the extents of differing flood conditions shown on a site plan to ensure that no water enters 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 an appropriately qualified person.

Page 6 4. That, prior to the commencement of the development hereby approved, the applicant shall undertake a desk study of the application site (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment as advocated by PAN 33 and BS10175: 2001. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to North Ayrshire Council as Planning Authority. Any required remediation measures shall be undertaken, prior to the commencement of the development to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter, the presence of any significant unsuspected contamination, which becomes evident during the development of the site, shall be reported to North Ayrshire Council and treated in accordance with an agreed remediation scheme.

5. That a 2m wide footway should be provided over the full width of the site frontage with the public road.

6. That, prior to the commencement of development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority the proposed area for storage of refuse and recycling containers.

7. 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.

8. 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.

9. 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.

Page 7 10. That, prior to the commencement of the development hereby approved, details of the play area, including equipment and fencing, and proposals for its maintenance shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter, any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

11. That, prior to the commencement of the development hereby approved, details of existing and proposed site sections, throughout the site to indicate any significant changes to ground levels and underbuilding to the proposed dwellinghouses, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority.

4. Irvine/

4.1 08/00118/PP: Kilwinning: Auchentiber: Former Schoolhouse

Gavin Spiers, 9 Lowther Bank, Irvine, has applied for planning permission for the erection of 2 semi-detached single-storey dwellinghouses at the former Schoolhouse, Auchentiber, Kilwinning.

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

1. That the proposed development would not comply with criterion (b) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would represent overdevelopment of the site, not provide for an acceptable standard of residential amenity, and there would not be rear gardens of an adequate size to serve the proposed houses.

4.2 07/00696/PP: Irvine: 18 Kilwinning Road

Halliday Enterprises Ltd., Allestree Mews, Southwood Road, Troon, have applied for planning permission for the demolition of a hotel and the erection of 21 dwellingflats, with associated car parking and the formation of a new access, at 18 Kilwinning Road, Irvine. Objections have been received from David McCabe, 20 Reids Avenue, Stevenston and The Architectural Heritage Society of Scotland, Tobacco Merchants House, 42 Miller Street, Glasgow. A representation has also been received from Irvine Community Council, per Mrs A Niven, 11 Leven Place, Irvine.

The Chief Development Management Officer referred to the receipt of further correspondence in respect of the application and recommended continuation of the application to allow consideration of this.

The Committee agreed to continue consideration of the application to a future meeting of the Committee.

Page 8 4.3 08/00007/PP: Irvine: 35-41 Bank Street

Irvine Housing Association, Second Floor, Bridgegate House, 101-105 Bridgegate, Irvine, have applied for planning permission for the partial demolition of the existing office accommodation and the erection of new office accommodation at 35/41 Bank Street, Irvine. Objections have been received from Eric L. and Jean E. Park, 33 Bank Street, Alison Sinclair, 18 Townhead, Miss B. Whalen, 80 East Road, Allan Sim, 12 Langmuir Court, , Louise and Ian Dickson, 29 Milgarholm Avenue and Irvine Community Council, per Mrs A. Niven, 11 Leven Place, all Irvine, from Mrs. Allison M. Wood, 11a Corsehill Drive, and from Jeni Park, 14 Viaduct Circle, Kilwinning.

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

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

2. That, prior to the commencement of the development hereby approved, details of the window types and styles shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development hereby approved, a method statement demonstrating how the front façade will be secured during demolition of the existing building and construction of the new building shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, the details within the method statement shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

4. 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 Manual", published in March 2007, 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.

Page 9 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.

5. That the presence of any significant unsuspected contamination that 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.

5. North Coast and Cumbraes

5.1 08/00014/PP: West Kilbride: 2 Farmfield Terrace

Gavin Walker, 2 Farmfield Terrace, West Kilbride, has applied for planning permission for the erection of extensions to both sides of the detached dwellinghouse at that address. An objection has been received from Ms. Agnes Munro, 4 Farmfield Terrace, West Kilbride.

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

5.2 08/00087/PP: Largs: 128 Irvine Road: 5 Broompark

Miss Frances Mackay, 5 Broompark, 128 Irvine Road, Largs, has applied for planning permission for proposed alterations to raise the roof height, incorporating the formation of 2 dormer extensions, to the rear of the mid-terraced dwellinghouse at that address. 6 objections have been received, as detailed in the annex to the report.

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

1. That, by reason of the design and scale of the proposed roof alterations, the development would be detrimental to the character and amenity of the property and surrounding residential area, including the adverse effect on the townscape, the resulting loss of natural light to neighbouring residential properties and the resulting overlooking of private and communal gardens. This would be contrary to the principles of the Development Control Statement contained in the Adopted North Ayrshire Local Plan (excluding Isle of Arran).

Page 10 5.3 08/00054/TPO: : Eglinton Terrace: Caifora

Barry Shaw, Caifora, Eglinton Terrace, Skelmorlie, has applied for the felling of 11 trees within an area covered by the Skelmorlie No. 8 Tree Preservation Order at that address. Objections have been received from T.J. Jones, no. 8 and Professor Dugald Cameron, no. 23, both Shore Road, James W. Ward, 5 Highfield Court and Skelmorlie Community Council, per Mrs. Helen Boyle, 119 Innes Park Road, all Skelmorlie.

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

1. That tree 8890 shall be retained rather than felled, and shall be pruned only to remove dead wood and storm damaged branches.

2. That, prior to the commencement of the tree felling works hereby approved, the applicant shall submit, for the written approval of North Ayrshire Council as Planning Authority, proposals for replacement tree planting. Such replacement tree planting shall be undertaken within one month of the undertaking of the felling works hereby approved, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

3. That no other tree felling or pruning works shall be undertaken within the woodland without the prior written approval of North Ayrshire Council as Planning Authority.

4. That no tree felling works shall take place within the bird breeding season, i.e. between April and July.

5.4 08/00095/TPO: Skelmorlie: Long Hill: Morland House

D.M. Spence, 3 Morland, Long Hill, Skelmorlie, has applied for the felling of holly tree and pruning of cherry tree within an area covered by the Skelmorlie No. 7 Tree Preservation Order at that address. An objection has been received from T.J. Jones, 8 Shore Road, Skelmorlie.

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 tree felling works hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority proposals for replacement tree planting. Such replacement tree planting shall be undertaken within one month of the undertaking of the felling works hereby approved, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

Page 11 2. That no other tree felling or pruning works shall be undertaken within the woodland without the prior written approval of North Ayrshire Council as Planning Authority.

3. That no tree felling or pruning works shall take place within the bird breeding season, i.e. between April and July.

5.5 07/01174/PP: Ardrossan: Glenhead: Former Railway Cottage

Ms. Ann Martin, 53 Ardrossan Road, , has applied for planning permission for the erection of a detached garage and log store at the former Railway Cottage, Glenhead, Ardrossan. Objections have been received from Shaun and Niamh Glaston, Glenelg, Diane Killin, William Killin and Gloria Killin, all Glenhead Farm, all Ardrossan.

Councillor R. Barr, seconded by Councillor McNicol, moved that the Committee refuse the application on the ground that the proposal, by virtue of its distance from the house, would be detrimental to visual amenity.

As an amendment, Councillor McLardy, seconded by Councillor Moffat, moved that the Committee grant the application, subject to the conditions set out in the report.

On a division, there voted for the amendment 6 and for the motion 5 and the amendment was declared carried,

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

1. That the construction of the garage hereby approved shall not commence until the completion of the restoration and extension of the cottage approved under planning permission number N/07/00480/PP, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

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

5.6 08/00015/PP: Largs: Flatt Road: Site to the South of Flatt Farm Cottage

Southplace Homes Ltd., 25 Blythswood Square, Glasgow, have applied for planning permission for the demolition of the existing farmhouse and outbuildings and the erection of 4 flats, 10 semi-detached dwellinghouses and 1 detached house, the formation of access road and associated parking on a site to the south of Flatt Farm Cottage, Flatt Road, Largs. 8 objections have been received, as detailed in the annex to the report.

Page 12 The Committee, having considered the terms of the objections, 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 commuted sum for the provision or upgrading of play facilities in the locality and (b) the following conditions:-

1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority a full schedule and samples of the proposed external finishes to be used.

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 Manual", published in March 2007, 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. 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.

3. 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, details of any to be removed or retained (together with measures for their protection in the course of the development).

4. 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 13 5. 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.

6. That all boundary and screen fences shown on the approved site layout plan relating to or adjacent to each plot shall be erected prior to the occupation of the dwelling within that plot.

7. That, prior to the commencement of the development hereby approved, the applicants shall undertake a desk study of the application site, (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment as advocated by PAN 33 and BS10175: 2001. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to North Ayrshire Council as Planning Authority. Any required remediation measures shall be undertaken, prior to the commencement of the development to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter, the presence of any significant unsuspected contamination which becomes evident during the development of the site, shall be reported to North Ayrshire Council and treated in accordance with an agreed remediation scheme.

8. That, prior to the commencement of the development, the developer shall secure the implementation of a programme of archaeological works in accordance with a written scheme of investigation, the details of which shall be submitted to and approved by North Ayrshire Council as Planning Authority in consultation with the West of Scotland Archaeology Service. 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.

9. That visibility splays of 2.5m x 35m in both directions shall be provided and maintained on land within the applicant's control, such that there is no obstruction to visibility above a height of 1.05m measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

Page 14 10. That, prior to the occupation of any house within the development, a pedestrian safety barrier shall be provided where the existing public footpath that links Bellesdale Avenue to Woodcroft Avenue meets the junction radii of the site access.

6. Provisional Tree Preservation Order: Isle of Arran: Brodick Nursery

Submitted report by Assistant Chief Executive (Legal and Protective) on the proposed service of a Provisional Tree Preservation Order in the vicinity of Brodick Nursery and lower Strathwhillan Burn, Brodick.

A planning application for outline planning permission for residential development at Brodick Nursery was submitted in August 2007. The application proposes the removal of some 30 mature trees which form part of a section of mixed woodland on either side of the Strathwillan Burn. It is considered, however, that the loss of the trees would have a detrimental impact on the character of Brodick as they provide an integral and important element to the setting of the settlement of Brodick.

The Committee agreed to authorise the service of a Provisional Tree Preservation Order for Brodick Nursery in terms of Section 163 of the Town and Country Planning (Scotland) Act 1997 on all trees within the boundary outlined plan attached to the report, in order to protect existing trees in the interests of the amenity of the area.

7. Beith: Land at 4/6/8 Wilson Street: Notice for Proper Maintenance of Land

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Notice for the Proper Maintenance of Land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 on the owners of the properties at 4, 6 and 8 Wilson Street, Beith.

The site is a 3-storey building at 4/6/8 Wilson Street, Beith located next to Beith Conservation Area. In December 2007, the condition of the property was brought to the attention of the Planning Service. The 2 ground-floor shops have been empty for a number of years and the upper two flats have windows missing to the front and rear. The gable end looking onto Mitchell Street has windows bricked up in both flats, but these are insecure and this has allowed pigeons to enter and exit.

The proposed Notice for the Property Maintenance of Land would include the following works:-

 Clear the 2 flats of the infestation of pigeons;  Remove all broken glass from existing windows;  Make all windows on the 2 flats, both front and rear, secure in the manner to be decided after consultation with North Ayrshire Council as Planning Authority;  Make secure the brick windows on the gable end of the building;

Page 15  Carry out any repairs required to guttering and downpipes;  Remove all vegetation, moss and organic growth on the building; and  Maintain the land to an acceptable standard and tidy condition.

The Chief Development Management Officer advised that the proposed time period for compliance should be revised to 6 months, rather than the 2 months referred to in the report.

The Committee agreed to authorise the serving of a Notice requiring the proper maintenance of land at 4/6/8 Wilson Street, Beith, in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997.

The Meeting ended at 3.40 p.m.

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