Cunninghame House, Irvine.

20 October 2016

Local Review Body

You are requested to attend a Meeting of the above mentioned Committee of North Council to be held in the Council Chambers, Cunninghame House, Irvine on WEDNESDAY 26 OCTOBER 2016 at 2.15 p.m., or at the conclusion of the meeting of the Planning Committee, whichever is the later to consider the undernoted business.

Yours faithfully

Elma Murray

Chief Executive

1. Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda.

2. Minutes The accuracy of the Minutes of the meeting of the Committee held on 1 June 2016 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed).

3. Notice of Review: 16/00290/PP - Site to the South of River Cottage, , (Page 7) Submit report by the Chief Executive on a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers (copy enclosed).

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4. Notice of Review: 16/00544/PP - 29a Eglinton Street, Irvine (Page 43) Submit report by the Chief Executive on a Notice of Review by the applicant in respect of a condition imposed on a planning application approved by officers under delegated powers (copy enclosed).

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 2 Local Review Body

Sederunt: Matthew Brown (Chair) John Ferguson (Vice-Chair) Chair: Robert Barr John Bell John Bruce Ian Clarkson Joe Cullinane Ronnie McNicol Attending: Tom Marshall Robert Steel

Apologies:

Meeting Ended:

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3 4 Local Review Body 1 June 2016

Irvine, 1 June 2016 - At a Meeting of the Local Review Body of North Ayrshire Council at

Present Matthew Brown, John Ferguson, Robert Barr, John Bell, John Bruce, Ian Clarkson, Tom Marshall and Robert Steel.

In Attendance R. Middleton, Planning Adviser to the Local Review Body and A. Craig, Planning Adviser to the Local Review Body; and A. Little, Committee Services Officer (Chief Executive's Service).

Chair Councillor Brown in the Chair. Apologies for Absence Ronnie McNicol.

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 10 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of the meeting of the Committee held on 27 April 2016 were confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Notice of Review: N/15/00632/PP: Land at Gate, Part Middelton Farm, Irvine

Submitted report by the Chief Executive on a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers for the siting of a static caravan for residential use at land at Perceton Gate, Part Middelton Farm, Irvine.

The Notice of Review documentation, the Planning Officer's Report of Handling, a location plan and a copy of the Decision Notice, were provided as appendices to the report.

The Planning Adviser to the Local Review Body introduced the matter under review, confirming that the Notice of Review had been submitted timeously by the applicant.

Page 1 5 The Local Review Body agreed that it had sufficient information before it to determine the matter without further procedure. The Planning Adviser thereafter summarised the Notice of Review for the Applicant, the Report of Handling of the Appointed Officer and the representations lodged. Photographs and plans of the proposed development were displayed.

Having considered all of the information, the Local Review Body agreed to uphold the decision to refuse planning permission on the grounds that:-

(1) that the proposal would not accord with Policy ENV2 of the Adopted Local Development Plan (LDP) in that the applicant has failed to demonstrate a genuine operational need for a worker to live on site in pursuance of an established rural business; and

(2) That the proposal would be contrary to criteria (a) and (b) of the General Policy. The caravan is a temporary structure, which would be visually prominent and the siting would have an adverse impact on the character, appearance and amenity of the local area. and (b) that the Decision Notice be drafted by Officers, agreed by the Chair and, thereafter, signed by the Proper Officer for issue to the applicant.

The meeting ended at 2.50 p.m.

Page 2 6 NORTH AYRSHIRE COUNCIL

Agenda Item 3 26 October 2016

Local Review Body

Title: Notice of Review: 16/00290/PP - Site to the South of River Cottage, Montgreenan, Kilwinning

Purpose: To submit, for the consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers.

Recommendation: That the Local Review Body considers the Notice of Review.

1. Executive Summary

1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice.

2. Background

2.1 A Notice of Review has been submitted in respect of Planning Application 16/00290/PP - Site to the South of River Cottage, Montgreenan, Kilwinning.

2.2 The application was refused by officers for the reasons detailed in the Decision Notice (Appendix 3).

2.3 The following related documents are set out in the appendices to this report:-

Appendix 1 - Notice of Review documentation (Page - 9) Appendix 2 - Report of Handling (Page - 29) Appendix 3 - Decision Notice (Page - 35) Appendix 4 - Further representations (Page - 37) Appendix 5 - Applicant's response to further representations (Page - 39)

7 3. Proposals

3.1 The Local Review Body is invited to consider the Notice of Review.

4. Implications

Financial: None arising from this report. Human Resources: None arising from this report. Legal: The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality: None arising from this report. Environmental & None arising from this report. Sustainability: Key Priorities: None arising from this report. Community Benefits: None arising from this report.

5. Consultation

5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and these are attached at Appendix 4 to the report.

5.2 The applicant has had an opportunity to respond to the further representations and their response is detailed at Appendix 5 to the report.

ELMA MURRAY Chief Executive

Reference : For further information please contact Angela Little, Committee Services Officer on 01294 324132 Background Papers Planning Application 16/00290/PP and related documentation is available to view on-line at www.north-ayrshire.gov.uk or by contacting the above officer.

8 Appendix 1

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28  Appendix 2    5(32572)+$1'/,1* 

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33 33 34 Appendix 3 

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38 &8VHUV/,77/($$SS'DWD/RFDO7HPSQRWHV($aZHEKWP  Appendix 5

39 40 41 42 NORTH AYRSHIRE COUNCIL

Agenda Item 4 26 October 2016

Local Review Body

Title: Notice of Review: 16/00544/PP - 29a Eglinton Street, Irvine

Purpose: To submit, for the consideration of the Local Review Body, a Notice of Review by the applicant in respect of a condition imposed on a planning application approved by officers under delegated powers.

Recommendation: That the Local Review Body considers the Notice of Review.

1. Executive Summary

1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice.

2. Background

2.1 A Notice of Review has been submitted in respect of planning application 16/00544/PP - 29a Eglinton Street, Irvine.

2.2 The application was approved by officers subject to the conditions detailed in the Decision Notice (Appendix 3).

2.3 The following related documents are set out in the appendices to this report:-

Appendix 1 - Notice of Review documentation (Page - 45) Appendix 2 - Report of Handling (Page - 55) Appendix 3 - Decision Notice (Page - 59)

3. Proposals

3.1 The Local Review Body is invited to consider the Notice of Review.

43 4. Implications

Financial: None arising from this report. Human Resources: None arising from this report. Legal: The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. Equality: None arising from this report. Environmental & None arising from this report. Sustainability: Key Priorities: None arising from this report. Community Benefits: None arising from this report.

5. Consultation

5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review. No further representations were intimated.

ELMA MURRAY Chief Executive

Reference : For further information please contact Euan Gray on 01294 324130. Background Papers Planning Application 16/00544/PP and related documentation is available to view on-line at www.north-ayrshire.gov.uk or by contacting the above officer.

44 Appendix 1

45 Applicant Details

Please enter Applicant details

Other Title: You must enter a Building Name or Number, or both: *

owners Other Title: Building Name:

Vishal 308 First Name: * Building Number:

Address 1 Lal A bert Drive Last Name: * (Street): *

Sava Estates 10 PARK COURT Company/Organisation Address 2:

Glassgow Telephone Number: * Town/City: *

United Kingdom Extension Number: Country: *

G41 5RS Mobile Number: Postcode: *

Fax Number:

Email Address: *

Site Address Details

Planning Authority: North Ayrshire Council

Full postal address of the site (including postcode where available):

29A EGLINTON STREET Address 1:

Address 2:

Address 3:

Address 4:

Address 5:

Town/City/Settlement: IRVINE

KA12 8AS Post Code:

Please identify/describe the location of the site or sites

639208 232011 Northing Easting

Page 2 of 5

46 Description of Proposal

Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters)

Change of use from vacant office(class 2) to restaurant(Class 3) with ancillary take away facility and installation of extract flue

Type of Application

What type of application did you submit to the planning authority? *

 Application for planning permission (including householder application but excluding application to work minerals).  Application for planning permission in principle.  Further application.  Application for approval of matters specified in conditions.

What does your review relate to? *

 Refusal Notice.  Grant of permission with Conditions imposed.  No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.

Statement of reasons for seeking review

You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters)

Note: you are unl kely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account.

You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances.

In determining the application the local authority have imposed an unrealistic and reasonable condition pertaining to hours of operation.It is requested that the closing time be extended to 11pm.

Have you raised any matters which were not before the appointed officer at the time the  Yes  No Determination on your application was made? *

If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters)

Page 3 of 5

47 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)

Planning Statement challenging the condition and justification for less restrictive hours

Application Details

Please provide details of the application and decision.

What is the application reference number? * 16/00544/PP

What date was the application submitted to the planning authority? * 06/06/2016

What date was the decision issued by the planning authority? * 22/07/2016

Review Procedure

The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case.

Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. *  Yes  No

In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:

Can the site be clearly seen from a road or public land? *  Yes  No Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No

Checklist – Application for Notice of Review

Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid.

Have you provided the name and address of the applicant?. *  Yes  No Have you provided the date and reference number of the application which is the subject of this  Yes  No review? *

If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No procedure (or combination of procedures) you wish the review to be conducted? *

Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No (e.g. plans and Drawings) which are now the subject of this review *

Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent.

Page 4 of 5

48 Declare – Notice of Review

I/We the applicant/agent certify that this is an application for review on the grounds stated.

Declaration Name: Mr Don Bennett

Declaration Date: 02/09/2016

Page 5 of 5

49 50 Appeal Against Condition 1 - Hours of Operation

51 52 Location Plan

53 54 Appendix 2

REPORT OF HANDLING

Reference No: 16/00544/PP Proposal: Change of use of vacant office (Class 2) to cafe (Class 3) with takeaway facility and installation of external flue Location: 29A Eglinton Street, Irvine, Ayrshire, KA12 8AS ------LDP Allocation: Town Centre/Retailing LDP Policies: TC1 / HE1 / General Policy / ------Consultations: Yes

Neighbour Notification: Neighbour Notification carried out on 17.06.2016 Neighbour Notification expired on 08.07.2016

Advert: Regulation 20 (1) Advert Published on:- 01.07.2016 Expired on:- 22.07.2016 Schedule 3 Published on:- 01.07.2016 Expired on:- 22.07.2016 ------Previous Applications: None

Appeal History Of Site: None

Description

Planning permission is sought to change the use of a vacant Class 2 office to a Class 3 cafe with associated takeaway. The proposal includes the installation of an external flue, which would be mounted on the rear roof slope at the southernmost part of the building. Internally, the premises would be fitted wth a counter where food would be prepared and served; a takeaway waiting area; a seating area and an accessible toilet for customers. A staff toilet and store within an existing lean-to extension at the rear would also be provided.

There are no external changes proposed to the building, which is finished in cream painted wet dash render with black roller shutters over the front windows and door. The roof of the building is slated. There is a bus stop on the road in front of the premises with block paved parking bays on either side of the street.

The application site is within Irvine town centre and conservation area, and is situated at the north end of a row of traditional commercial units on the west side of 55 Eglinton Street. The row is mostly single storey, although one of the units has dormer windows in the roof. The row contains one cafe, four shops and the vacant application site. To the north and south of the row are residential uses, and on the opposite side of the street are various offices, an opticians and the .

As noted above, the site is within Irvine Town Centre in terms of the adopted Local Development Plan (LDP). Policies TC 1, HE 1 and the General Policy applies to the consideration of the application.

A supporting statement indicates that the proposal is for a small pizza cafe offering a takeaway facility. Hours of operation have not been indicated.

Consultations and Representations

The application was subject to the statutory neighbour notification procedures. In addition, a notice was published in a local newspaper.

One letter of representation has been received, which expresses the following views:

1. Object on the basis of over-provision and the detrimental effect of the proposal on an adajcent catering business.

Response: It is not considered that the application would result in over-provision at this location. The premises are situated at the northern end of the town centre and there is presently one cafe in a row of 6 commercial units. The other units are occupied by retailers, with the application site being a vacant office at the north end of the row. There is a shop between the proposed cafe/takeaway and the existing cafe. On the opposite side of the street, there are no catering businesses nearby. In addition, competition between similar businesses in a town centre is not a material planning consideration.

Consultations

Environmental Health - require further details of the proposed ventilation system and recommend a condition that will address potential issues such as noise, smoke or odours.

Response: A condition to meet the above requirements could be attached to any grant of planning permission.

Analysis

The application requires to be assessed in terms of Policy TC 1, Policy HE 1 and the General Policy of the adopted LDP.

Policy TC 1 is supportive of Class 3 and takeaway uses within Irvine town centre, provided that uses likely to give rise to noise and disturbance, such as hot food takeaways are not located "so as to give rise to a concentration of such uses in close proximity." It is considered that the takeaway would be secondary to the principal use of the premises as a cafe, which would contribute positively to the vitality of the area by helping to extend pedestrian footfall from High Street out into Eglinton Street. As such, it is not considered that the proposal would result in any 16/00544/PP 56 significant adverse effects on amenity within a town centre location. A further positive benefit would be the re-use of vacant offices. The proposal therefore accords with Policy TC 1.

Policy HE 1 states that proposals which would adversely affect the visual amenity or character of conservation areas shall not accord with the LDP. The application proposes the erection of a flue to the rear. It is noted that there is an flue on the rear roof slope of the existing cafe within the row of shops. However, this flue is not visually significant within the street. It is not considered that the proposed flue would be visually intrusive nor would it adversely affect the character or amenity of the building due to its siting on the rear roof slope. The proposal therefore accords with Policy HE 1.

The relevant criteria of the General Policy are (a) Siting, Design and External Appearance, (b) Amenity and (d) Access, parking, etc.

In terms of (a), no changes to the exterior of the building have been proposed other than in respect of signage, which falls outwith the scope of the planning application. The proposal is considered to be acceptable in terms of criterion (a).

In terms of (b), it is considered that the amenity impacts associated with a Class 3/takeaway use in this town centre location would be acceptable. It is not considered that there is an over-concentration of catering uses in the area of a type likely to give rise to nuisance. There are no flats above the premises and, given that there are residential properties nearby, a condition could be imposed to require full details of the ventilation system prior to its installation. In addition, a condition regulating the hours of operation is also considered necessary in order to safeguard the amenity of the nearby residential area. Whilst the proposed use is suitable for a town centre location, it is considered that more weight should be afforded to the potential impacts on residential amenity given the location of the application site near the edge of town centre. Subject to conditions, the proposal is considered to be acceptable in terms of criterion (b).

In terms of (d), the site is well located to serve a large walk-in catchment from the surrounding residential areas. In addition, the site is on the main bus route through Irvine and there are public car parks within a short walking distance. The proposal is considered to be acceptable in terms of criterion (d).

There are no other material considerations. Accordingly, planning permission should be granted, subject to conditions in respect of ventilation details and hours of operation.

Decision

Approved subject to Conditions

Case Officer - Mr A Hume

16/00544/PP 57 Appendix 1 - Drawings relating to decision

Drawing Title Drawing Reference Drawing Version (if applicable) (if applicable) Location Plan 24049/7

Existing Floor Plans 24049/1

Proposed Floor Plans 24049/2

Existing Elevations 24049/3

Existing Elevations 24049/4

Proposed Elevations 24049/5

Proposed Elevations 24049/6

16/00544/PP 58 Appendix 3 

KAREN YEOMANS : Executive Director – (Economy & Communities) No N/16/00544/PP

CONDITIONAL PLANNING PERMISSION Type of Application: Local Application

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013

To : Sava Estates Ltd c/o Bennett Developments & Con Fao Don Bennett 10 Park Court Giffnock G46 7PB

With reference to your application received on 17 June 2016 for planning permission under the above mentioned Acts and Orders for :-

Change of use of vacant office (Class 2) to cafe (Class 3) with takeaway facility and installation of external flue

at 29A Eglinton Street Irvine Ayrshire KA12 8AS

North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby grant planning permission, in accordance with the plan(s) docquetted as relative hereto and the particulars given in the application, subject to the following conditions and associated reasons :-

Condition 1. That the maximum hours of operation for the use hereby approved shall be between the hours of 10am and 8pm on any day unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

Reason 1. In the interest of the amenity of the area.

Condition 2. That, prior to the commencement of the development hereby approved, comprehensive details of the ventilation system to be installed at the premises, including a future management/maintenance programme for the ventilation system, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the design and operation of the ventilation system shall take into account the proximity of residential dwellings and flats near the application site. Thereafter, the details and management/maintenance programme as may be approved shall be implemented upon the use becoming operational to the satisfaction of North Ayrshire Council as Planning Authority.

Reason 2. In the interest of the amenity of the area.

Reason(s) for approval 1. The proposal complies with the relevant provisions of the Local Development Plan and there are no other material considerations that indicate otherwise.

Dated this : 22 July 2016

59 29A Eglinton Street Irvine Ayrshire KA12 8AS No N/16/00544/PP

...... for the North Ayrshire Council

60 29A Eglinton Street Irvine Ayrshire KA12 8AS No N/16/00544/PP Drawings relating to decision

Drawing Title Drawing Reference Drawing Version

Location Plan 24049/7

Existing Floor Plans 24049/1

Proposed Floor Plans 24049/2

Existing Elevations 24049/3

Existing Elevations 24049/4

Proposed Elevations 24049/5

Proposed Elevations 24049/6

(See accompanying notes.) (The applicant's attention is particularly drawn to note 5 (limit of duration of planning permission))

61 ECONOMY & COMMUNITIES Executive Director: Karen Yeomans Cunninghame House, Irvine KA12 8EE Tel: 01294 310000 Fax: 01294 324309 www.north-ayrshire.gov.uk

NOTIFICATION OF INITIATION OF DEVELOPMENT

Please return notice when you intend to commence development

22 July 2016

TO:

Enforcement Officer Planning Services Cunninghame House Irvine North Ayrshire KA12 8EE

Our Ref: N/16/00544/PP

Decision: Approved subject to Conditions Decision Date: 22 July 2016

DETAILS OF APPLICANT AND/OR DETAILS OF OWNER DETAILS OF AGENT IF DEVELOPER APPLICABLE Bennett Developments & Con Fao Don Bennett 10 Park Court Giffnock G46 7PB

Description of Development: Change of use of vacant office (Class 2) to cafe (Class 3) with takeaway facility and installation of external flue

Location of Development: 29A Eglinton Street Irvine Ayrshire KA12 8AS

Date when work commences:

Signed:

Applicant/Agent*

* Delete where applicable

Please read the following and retain for your information.

1. Work must be carried out in accordance with the relevant docquetted plans and any conditions on the decision notice.

2. A grant of Planning Permission does not authorise work under the Building (Scotland) Act 2003.

3. A separate Building Warrant may be required. Please contact (01294) 324348 to ascertain the need for a warrant.

4. Should the docquetted plans not correspond with what you intend to construct/build, you must seek the Authority of the Council before proceeding.

5. If the development you intend to undertake is either a national or major development and of a type specified in Schedule 3 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 you will be required to display a site notice.

62 ECONOMY & COMMUNITIES Executive Director: Karen Yeomans Cunninghame House, Irvine KA12 8EE Tel: 01294 310000 Fax: 01294 324309 www.north-ayrshire.gov.uk NOTIFICATION OF COMPLETION OF DEVELOPMENT

Please return notice when you have completed the development

22 July 2016

TO:

Enforcement Officer Planning Services Cunninghame House Irvine North Ayrshire KA12 8EE

Our Ref: N/16/00544/PP

Decision: Approved subject to Conditions Decision Date: 22 July 2016

DETAILS OF APPLICANT AND/OR DETAILS OF OWNER DETAILS OF AGENT IF DEVELOPER APPLICABLE Bennett Developments & Con Fao Don Bennett 10 Park Court Giffnock G46 7PB

Description of Development: Change of use of vacant office (Class 2) to cafe (Class 3) with takeaway facility and installation of external flue

Location of Development: 29A Eglinton Street Irvine Ayrshire KA12 8AS

Date when works complete:

Signed:

Applicant/Agent*

*Delete where applicable

Please read the following and retain for your information.

1. Work must have been carried out in accordance with the relevant docquetted plans and any conditions on the decision notice.

2. A grant of Planning Permission does not authorise work under the Building (Scotland) Act 2003.

3. A separate Building Warrant may be required. Please contact (01294) 324348 to ascertain the need for a warrant.

4. Should the docquetted plans not correspond with what you intend to construct/build, you must seek the Authority of the Council before proceeding.

5. If the development you intend to undertake is either a national or major development and of a type specified in Schedule 3 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 you will be required to display a site notice.

63 29A Eglinton Street Irvine Ayrshire KA12 8AS No N/16/00544/PP

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28

KAREN YEOMANS : Executive Director – (Economy & Communities)

FORM 2

1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE.

2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.

64