Planning and Regulatory Sub Committee 21 May 2001

IRVINE, 21 May 2001 - At a Meeting of the Planning and Regulatory Sub Committee of North Council at 10.00 a.m.

Present David Munn, Jack Carson, David Gallagher, Elizabeth McLardy, John Moffat, David O'Neill, Robert Rae and John Reid.

In Attendance I Mackay, Assistant Chief Executive (Legal and Regulatory); D Cartmell, Principal Development Control Officer (Legal and Regulatory); and M McKeown, Policy/Administration Officer (Chief Executive's).

Chair Mr Munn in the Chair. Apologies for Absence John Sillars. 1. // Local Plan Area

N/01/00140/PP: Stevenston: 14 High Road

The Sub-Committee resumed consideration of an application by Mr G McMahon, 14 High Road, Stevenston, for retrospective planning permission in respect of the erection of wooden decking to the rear of the dwelling house at that address. The application was continued from the meeting held 30th April 2001 to allow Members to inspect the site. An objection had been received from S Moore, 12 High Road, Stevenston. A representation in support of the application was received from City Council Social Work Services.

The Sub-Committee, having considered the terms of the representations, and having heard the Assistant Chief Executive (Legal and Regulatory) in respect of further information from the applicant, agreed to (a) refuse the application on the following ground:-

1. That the proposed development would be detrimental to the amenity of adjoining residential properties by reason of loss of privacy;

and (b) proceed with Enforcement Action in order to secure the removal of the decking from the site.

2. Arran Local Plan Area

N/01/00138/PP: Kildonan: Former Kildonan School

Egmond Estates, Upper Torwoodhill Road, Rhu, have applied for retrospective planning permission for the siting of a permanent caravan and erection of timber enclosure at the former Kildonan School, Kildonan, . Objections have been received from Mamie Stewart, Craigend and David and Elizabeth Macpherson, Lloyds Cottage, both Kildonan, Isle of Arran.

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

1. That the proposed development would be contrary to policy TOU6 in the adopted Isle of Arran Local Plan in that it would comprise the siting of a single static caravan in a prominent location which

Page 1 would have an adverse visual effect on the area; and (b) proceed with Enforcement Action to have the unauthorised use discontinued and the unauthorised caravan removed from the site, with the latter being restored to its original condition.

3. Garnock Valley Local Plan Area

N/01/00035/PP: Dalry: 12 North Street

In terms of Standing Orders, Councillor Reid declared an interest in this item and took no part in the determination thereof.

Joseph Pollacchi, 12 North Street, Dalry, has applied for the deletion of an occupancy condition which applies to the dwellinghouse constructed to the rear of the fish and chip shop and cafe at that address.

The Sub-Committee agreed to the removal of the restriction under Condition 1 of planning approval 01/91/0278.

4. Irvine/ Local Plan Area

4.1 N/00/00833/PP: Irvine: Heatherhouse Road: McConechy's Ltd

McConechy's Ltd, Heatherhouse Road, Irvine, have applied for planning permission in respect of alterations and a change of use from a Tyre and Exhaust Centre to a Tyre and Exhaust Centre and Car and Van Rental Office at that address. A representation has been received from E McArdle, 10 Heatherhouse Road, Irvine.

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

1. That the number of hire vehicles to be stored within the yard shall not exceed 10 in number and shall be restricted to cars and vans up to 30 cwt.

2. That vehicles awaiting hire shall only be stored in the nine spaces on the west side of the parking area and one in space 10 on the east side.

3. That no vehicles shall be repaired or valeted within the yard.

4. That the car hire business shall operate only between the hours of 8 a.m. and 8 p.m. on any day.

5. That the area to be used for parking and circulation shall be hard surfaced in tarmac prior to the commencement of the use of the yard for car hire.

6. That within one month of the completion of the alterations to the building, a sign shall be erected on the Heatherhouse Avenue elevation indicating the availability of parking on the south side.

7. That within two months of the date of this permission details of proposals for the landscaping and seeding of the areas fronting Heatherhouse Road and adjoining No 10 Heatherhouse Road shall be submitted for the approval in writing of Council as Planning Authority.

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 the 1.2m high screen timber fence to be erected along the boundary of the parking area with Third Avenue and the landscaped area, shall be erected prior to the commencement of the use of a yard to store hire vehicles.

Page 2 4.2 N/01/00029/ADC: Irvine: 31 Townhead

Mr Kaur, 31 Townhead, Irvine, has applied for retrospective planning permission to erect an internally illuminated fascia sign and an externally illuminated wall sign at that address.

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

1. That the proposed fascia and gable signs by virtue of their size, location and type of illumination would be detrimental to the visual appearance and character of the listed building and its setting in the Irvine Town Centre Conservation Area; and

2. That the signs would be contrary to the guidelines set down n the adopted Advertisement Policy of the Council; and (b) serve an Enforcement Notice under Section 24 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and Section 34 of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 to remove the illuminated fascia sign, the gable sign and the window transfers.

4.3 N/01/00203/PP: Kilwinning: 27 Corsehill

Mr Donaldson, 27 Corsehill, Kilwinning, has applied for an amendment to planning permission 01/00019/PP to increase the height of a garage at that address. An objection has been received from J H Bingham, 4 View, Kilwinning.

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

1. That the garage hereby approved shall be used only in connection with the dwellinghouse with which it is associated and not for any trade or business use.

5. North Coast and Cumbraes Local Plan Area

5.1 N/00/00383/PP: : Former Slaughterhouse Site

Francis McLaughlin, Lawhill Farm, West Kilbride, has applied for planning permission for the erection of a dwellinghouse on the site of the former slaughterhouse at Chapelton Road (B7047), West Kilbride.

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

1. That the proposed development would be contrary to Policy ENV5 of the adopted North Coast and Cumbraes Local Plan in that it would result in the substantial rebuilding of the existing structure which would not be in character with the original building style or scale and would result in the creation of a prominent building in an area of relatively open countryside which would be detrimental to the amenity of the area and establish an undesirable precedent for other similar developments in areas of open countryside.

5.2 N/00734/PP: West Kilbride: 76 Main Street

Donald Ribbeck, 13 Fullerton Drive, , West Kilbride, has applied for retrospective planning permission to erect a lean-to structure for the storage of shop goods at 76 Main Street, West Kilbride. Objections have been received from Mrs M K Robinson, 3A Manse Road and Mrs E McAskill, 3 Manse Road, both West Kilbride.

The Sub-Committee, having noted the terms of the objections, agreed to grant the application subject to the undernoted condition:-

1. That the lane providing access to the store shall not be used by customers of the applicant's shop for the purpose of uplifting goods or for any other purpose.

Page 3 5.3 N/00/00889/PP: West Kilbride: Seamill: Ardrossan Road: Ardenlee Nursing Home and Associated Car Park

In terms of Standing Orders, Councillor McLardy declared an interest in this item and took no part in the determination thereof.

Ossian Construction Ltd, 1 Glasgow Road, Paisley, have applied for planning permission for the change of use and conversion of the former Ardenlee Nursing Home, Ardrossan Road, Seamill, West Kilbride, to form 5 flats, and for the development of the associated car park to form 9 new build flats. Forty-three objections have been received and these were detailed in the report.

After a full discussion, Councillor Carson, seconded by Councillor Rae moved that the application be refused on the ground that the former car park site was not suitable for the proposed development. As an amendment, Councillor Munn, seconded by Councillor O'Neill moved that the application be approved. On a division there voted for the amendment 4 and for the motion 4. The amendment was carried on the casting vote of the Chair.

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

1. That with regard to the conversion of the nursing home, before the development is commenced the proposed access shall be improved by the applicant at the location shown as site access option 2 on drawing no 1893/SL1 dated 29 April 2001 and to a standard as described in the Design Manual for Roads and Bridges Vol 6, TD 41/95 Layout 3 to the satisfaction of North Ayrshire Council as Planning Authority in consultation with the Roads Authority.

2. That with regard to the conversion of the nursing home, a visibility splay shall be provided and maintained on each side of the proposed access to the satisfaction of North Ayrshire Council as Planning Authority such that there shall be no obstruction to visibility from a driver's eye height of 1.05m-2.0m positioned at the set back distance (X) on the proposed access, to an object height of 0.26m-1.05m within the triangular areas defined below:

(a) The set back distance, or (X) distance, shall be line 2.5 metres long for visibility to the north and 2.0 metres long for visibility to the south measured along the centreline of the access road from the nearside edge of the trunk road carriageway.

(b) The Y distance shall be a line of 70 metres long, measured along the nearside edge of the trunk road carriageway from the centreline of the proposed access road in both directions.

(c) Two straight lines connecting the terminations of the above lines.

3. That with regard to the conversion of the nursing home, the first 10 metres shall be surfaced in a bituminous material and measures shall be adopted to ensure that all drainage from the site does not discharge onto the trunk road.

4. That with regard to the proposed flats on the west side of Ardrossan Road, before the development is commenced the proposed access shall be improved by the applicant to a standard as described in the Design Manual for Roads and Bridges Vol 6, TD 41/95 Layout 3 to the satisfaction of North Ayrshire Council as Planning Authority in consultation with the Roads Authority.

5. That with regard to the access to the proposed flats on the west side of Ardrossan Road, a visibility splay shall be provided and maintained on each side of the proposed access to the satisfaction of the planning authority such that there shall be no obstruction to visibility from a driver's eye height of 1.05m-2.0m positioned at the set back distance (X) on the proposed access, to an object height of 0.26m-1.05m within the triangular areas defined below:-

(a) The set back distance, or X distance shall be a line 2.5m long measured along the centreline of the access road from the nearside edge of the trunk road carriageway.

Page 4 (b) The Y distance shall be a line 70 metres long, measured along the nearside edge of the trunk road carriageway from the centreline of the proposed access road in both directions.

(c) Two straight lines connecting the terminations of the above lines.

6. That with regard to the access to the proposed flats on the west side of Ardrossan Road, the first 10 metres shall be surfaced in a bituminous material and measures shall be adopted to ensure that all drainage from the site does not discharge onto the trunk road.

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

8. That none of the flats on the west side of Ardrossan Road shall be occupied until the conversion of the nursing home to flats is substantially completed, to the satisfaction of North Ayrshire Council as Planning Authority.

9. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority full details of: (i) all external finishes to the buildings; (ii) the proposed access road and car park surface finishes; (iii) all boundary and retaining walls; and (iv) the proposed refuse bin storage arrangements.

10. 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.

11. 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.

6. : 12 Manual Court: Unauthorised Garden Shed

Submitted report by the Assistant Chief Executive (Legal and Regulatory) on a complaint in relation to an unauthorised development at 12 Manual Court, Kilbirnie.

The Committee agreed not to pursue Enforcement Action in respect of the unauthorised garden shed at 12 Manual Court, Kilbirnie.

The meeting ended at 10.45 a.m.

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