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Local Review Body Cunninghame House, Irvine. 20 October 2016 Local Review Body You are requested to attend a Meeting of the above mentioned Committee of North Ayrshire 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, Montgreenan, Kilwinning (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 Perceton 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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