Planning Sub Committee of Corporate Services Committee 15 March 2004

IRVINE, 15 March 2004 - At a Meeting of the Planning Sub Committee of the Corporate Services Committee of North Council at 2.00 p.m.

Present David Munn, Drew Duncan, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn, David O'Neill, Robert Rae and Richard Wilkinson.

In Attendance A. Fraser, Manager, Legal Services and J. Miller, Chief Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); P. Palmer (Communications Officer) and J. Bannatyne, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor David Munn in the Chair. Apologies for Absence Tom Barr and Margie Currie. 1. Arran Local Plan Area

N/04/00004/PP: Corrie: Site to the South of Craigmore

Professor H. Dargie, 7 Arnwood Drive, Glasgow, has applied for planning permission for the erection of a detached dwellinghouse on a site to the south of Craigmore, Corrie, . An objection has been received from John Roberts, Arran Civic Trust, 3 Glen Place, , Isle of Arran.

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

1. That the first 2 metres of the access, measured from the heel of the footway 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.

2. That before the commencement of the development, hereby approved, details of the drainage/sewage disposal scheme shall be submitted to and approved in writing by Council as Planning Authority.

3. That the development, hereby approved, shall not be occupied until the approved drainage/sewage disposal scheme is operational in accordance with the details approved in terms of Condition 2.

Page 1 2. , and Local Plan Area

2.1 N/03/01043/PP: Ardrossan: 39 Knockrivoch Place

Mr. and Mrs. Herd, 39 Knockrivoch Place, Ardrossan, have applied for planning permission for the erection of an extension to the rear of the terraced dwellinghouse at that address. Objections have been received from Mr. and Mrs. A. Webb, 37 Knockrivoch Place, Ardrossan and Mr. and Mrs. R. Maxwell, 41 Knockrivoch Place, Ardrossan, per James Campbell & Co., Solicitors, Dockhead Street, Saltcoats.

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

2.2 N/04/00070/PP: Ardrossan: 18 McMillan Drive

Mr. and Mrs. Pettigrew, 18 McMillan Drive, Ardrossan, have applied for planning permission for the erection of a double garage at that address. Objections have been received from William Paterson, no. 11, Mr. and Mrs. Littlejohn, no. 20, Alan J. Kerr, no. 26, Mr. and Mrs. Felix McCoy, no. 17, Mr. and Mrs. J. Murphy, no. 30, Mr. and Mrs. P. Barton, no. 24, Mr. and Mrs. R. Davidson, no. 22, Mrs. Nancy Miller, no. 15, Ms. Corinne Buivenga, no. 3, Ms. Valerie Fitzpatrick, no. 9 and Mr. and Mrs. A. Millar, no. 15, all Horse Isle View, and S. & M. Hastings, 16 McMillan Drive, all Ardrossan. A further letter of objection from Messrs. MacTaggart & Mickel Limited was tabled at the meeting.

The Chief Development Control Officer recommended that the application be granted subject to the following condition:-

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

Councillor Margaret Munn, seconded by Councillor Rae moved that the application be refused.

As an amendment, Councillor David Munn, seconded by Councillor McLardy, moved that the application be granted subject to the following condition:-

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

On a division, there voted for the amendment 3 and for the motion 4, and the motion was declared carried.

Page 2 Accordingly the Sub Committee, having considered the objections, agreed to refuse the application on the grounds that due to the location and scale of the proposed garage, the development is out of character with the area and detrimental to the visual amenity of the area, and as such does not accord with the Development Control Statement of the finalised North Ayrshire (excluding Isle of Arran) Local Plan. . 3. Garnock Valley Local Plan Area

N/03/00280/PP: : Site to North of School Road

Oakchoice KGH Ltd., Laird Interchange, Swanston Street, Glasgow, has applied for planning permission for the erection of 12 dwellinghouses on a site to the north of School Road, Kilbirnie.

The Sub Committee agreed to grant the application subject to (a) the applicants entering into an agreement in terms of Section 75 of the Town and Country Planning () Act 1997 to make provision for the payment of a commuted sum towards the improvement/provision of play facilities in Kilbirnie; and (b) the following conditions:-

1. 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) the proposed external finishes to the dwellinghouses; ii) the surface finish to the access road, visitor parking bays and driveways; and iii) all boundary and plot division enclosures.

2. 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.

3. 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 3 4. 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

5. That access to the site shall be via a shared surface ramped entry detail in accordance with the Council's Road Development Guide.

6. That visibility splays of 2.5m x 60m at the junction of the access road and School Road; 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 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

7. That the first 2 metres of the driveways, measured from the heel of the footway 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 driveways onto the carriageway.

8. That all front and side boundary walls between the public road and frontage of the houses on Plots 1, 2, 11 and 12 shall be no greater than 0.8m in height.

9. That surface water arising from the development 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" and 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 the proposed disposal of surface water drainage from the site.

10. That notwithstanding the permission granted by Article 3 of and Classes 1 and 3 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order) the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any development within the curtilage of the dwellinghouse on plot 1.

Page 4 4. Irvine/ Local Plan Area

4.1 N/03/00281/ADC: Kilwinning: Torranyard: Braemoor Holiday Village

Braemoor Holiday Village, Torranyard, Kilwinning, has applied for retrospective advertisement consent for the erection of 2 double sided non illuminated freestanding signboards and 1 illuminated box sign on the gable of the building. An objection has been received from Mr. and Mrs. J. Drysdale, Redburn Cottage, Lochlibo Road, Kilwinning.

The Sub Committee, having considered the terms of the objection, agreed (a) to refuse the application on the following grounds:-

1. That the non illuminated freestanding sign on the A736 is contrary to the Council's approved Advertisement Policy in that it comprises an advance advertisement sign beside an 'A' class road in a rural location without special justification or being in the public interest.

2. That the illuminated sign at the gable of the building is detrimental to the visual amenity of the area by way of its size, type of illumination and position on the building.

3. That both signs would be a distraction to motorists and thereby endanger road safety particularly the gable sign which is located too close to a right hand bend; and (b) to pursue Enforcement Action to secure the removal of the two unauthorised signs.

4.2 N/03/00420/OPP: : Site to North of 105 Main Street

Mr. and Mrs. I. Thomson, 105 Main Street, Dreghorn, have applied for outline planning permission for the erection of a single storey dwellinghouse on a site to the north of that address.

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

1. The proposed development is contrary to Policy HOU9 of the Adopted Irvine/Kilwinning Local Plan , as it would give rise to a loss of privacy to adjacent dwellinghouses, lack of an independent outlook and result in the removal of existing enclosures and natural features, due to the backland location.

2. The proposed development does not accord with the Development Control Statement in the finalised North Ayrshire Local Plan (excluding Isle of Arran) due to the backland location and inadequate size and shape of the site.

Page 5 3. The proposed development is contrary to both Policies HER5 and BE1 of the Adopted and Finalised Local Plans respectively, due to the adverse affect on the visual amenity and character of the conservation area.

4.3 N/03/00908/PP: Kilwinning: 5 Ashgrove Road

Thomas Anderson, 4 Stevenston Road, Kilwinning, has applied for planning permission for an extension to the front and side and change of use from offices and workshop to MOT testing station with office at 5 Ashgrove Road, Kilwinning. Objections have been received from Mr. and Mrs. S. Carswell and family, no. 7 and William Faddes and Elissa Kirkwood, no. 1 both Ashgrove Road, Kilwinning.

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

1. That the building hereby approved shall be used as a MOT Testing Station with ancillary office and shall not be used for any other purpose without the prior written approval of North Ayrshire Council as Planning Authority.

2. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for sound insulation within the building so as to contain noise to a level which will not result in a nuisance to the occupiers of neighbouring residential properties and prior to the commencement of the use of the premises as an MOT Testing Station the approved noise insulation measures shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the MOT Testing Station hereby approved shall operate only between the hours of 8.00am to 5.00pm Mondays to Fridays, 8.00am to 1.00pm on Saturdays and at no time on Sundays.

4. That prior to the commencement of the development the applicants shall submit for written approval of North Ayrshire Council as Planning Authority a plan showing the provision of 4 dedicated parking spaces for the proposed MOT Testing Station and prior to the commencement of the use of the premises as an MOT Testing Station, the dedicated parking spaces shall be provided to the satisfaction of North Ayrshire Council as Planning Authority.

5. That all drainage arrangements shall be to the satisfaction of Scottish Water and North Ayrshire Council as Planning Authority and may involve the installation of a suitable interceptor on the drainage system prior to discharge to the public sewer.

6. That any significant contamination which becomes evident during the development of the site shall be brought to the attention of North Ayrshire Council as Planning Authority together with a scheme of remediation prior to any further work taking place.

Page 6 4.4 N/04/00021/PP: Irvine: 87 Kilwinning Road

Sam and Anne Marie Gilchrist, 87 Kilwinning Road, Irvine, have applied for planning permission for an extension to a dwellinghouse to form an additional dwellinghouse and a conservatory at that address. Objections have been received from Mr. M. Hunter, no. 7, Mr. and Mrs. W. Rodgers, no. 10, Graeme and Elizabeth Bingham, no. 14, Stephen McKinley, no. 9 and Charles and Bernardine Berry, no. 8, all Fairways, and Ms. Allison McLuckie, 85 Kilwinning Road, all Irvine.

The Sub 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 applicants shall submit for the written approval of North Ayrshire Council as Planning Authority full details of the proposed drainage arrangements for the dwellinghouse, including percolation testing to assess the suitability of the sub-soil for effluent disposal, if a soakaway system is proposed. Any septic tank or sewerage treatment plant outfall installed shall be so located as to be capable of operating without giving rise to nuisance.

2. That any significant unsuspected contamination which comes to light during the course of the development shall be brought to the attention of North Ayrshire Council as Planning Authority together with proposals for disposal of the contamination prior to any further development taking place on the site.

3. That the applicants shall satisfy themselves as to the mineral stability of the site.

4. That prior to the occupation of the dwellinghouse hereby approved, the improvements to the access with Kilwinning Road shall be implemented in accordance with the approved plans and the first 15m of the access measured from the edge of the public road shall be hard surfaced in order to prevent deleterious material from being deposited onto the public road and designed in such a way that no surface water shall issue from the access onto the public road.

5. That prior to the occupation of the dwellinghouse the parking provision shown on the approved plans shall be implemented and maintained thereafter and shall not be removed, or used for any other purpose, without the prior written approval of North Ayrshire Council as Planning Authority.

6. That vehicle access to the common access area shall be provided in the form of a minor access as detailed in sections 5.2 and 10.8 (and Fig 10.18) of the Roads Development guidelines.

Page 7 4.5 N/04/00047/PP: Irvine: Montgomerie Park Site 1

Robertson Residential, Lomond Court, Castle Business Park, Stirling, has applied for planning permission for the construction of a spine road, off site works and the erection of 123 detached houses, roads, footpaths and all associated works at Site 1, Montgomerie Park, Irvine.

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

1. That no dwellinghouse shall be erected on the site until a Drainage Impact Assessment has been completed, and any mitigation solution agreed, to the satisfaction of North Ayrshire Council as Planning Authority.

2. 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.

3. That visibility splays of 4.5 metres by 60 metres, in both directions at the junction with the spine road, 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 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

4. That prior to the occupation of any dwellinghouse the two visitor parking bays at the end of the housing road shall be relocated in order to provide adequate dimensions for turning, and additional visitor parking bays shall be provided opposite plots 52, 57 and 59 and adjacent to plot 39; a revised layout plan showing this provision shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

5. That all three bedroom houses shall retain a minimum of 2 parking spaces, and all four bedroom houses a minimum of three parking spaces, within their curtilages, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That notwithstanding the permission granted by Article 3 of and Classes 1 and 3 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order) the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any development within the curtilages of the dwellinghouses on plots 1-5 and 118-123.

Page 8 7. That prior to the commencement of any dwellinghouse the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.

8. That prior to the commencement of any dwellinghouse the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the play area, including equipment and fencing, and proposals for its maintenance.

9. That prior to the commencement of any dwellinghouse a composite elevation drawing of the houses backing on to the spine road showing the elevational treatment and materials shall be submitted for the written approval of North Ayrshire Council as Planning Authority.

10. That any significant archaeological finds shall be suitably recorded in accordance with the Evaluation Report prepared for North Ayrshire Council, to the satisfaction of North Ayrshire Council as Planning Authority.

11. That any significant unsuspected land contamination that comes to light during the development of the site shall be brought to the attention of Environmental Health and that details of any remedial work and its implementation shall be submitted for the written approval of North Ayrshire Council as Planning Authority.

12. That no dwellinghouses shall be erected 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, aftercare and maintenance 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.

13. 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 9 5. North Coast and Cumbraes Local Plan Area

N/03/00409/PP: Fairlie: Castlepark Drive: Former Fairlie Primary School

CASA Construction Ltd., 91 Princes Street, Ardrossan, has applied for planning permission for a change of use and alterations to the former school building to form three dwellings, the erection of two detached dwellings and the demolition of the toilet block at the former Fairlie Primary School, Castlepark Drive, Fairlie. An objection has been received from Mrs. S.A. Robb, Auld Exchange, School Brae, Fairlie. A representation has also been received from J. Riddell, 49 Castlepark Drive, Fairlie.

The Sub Committee, having considered the terms of the objection and the representation, 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 (i) full details/samples of the proposed external finishes and (ii) details of the proposed boundary enclosures.

2. That the access roadway and car parking bays shall be hard surfaced prior to the occupation of any of the dwellinghouses hereby approved, full details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

3. That the vehicle access shall be designed in such a way that no surface water shall issue from the access onto the carriageway.

6. Notice Requiring Proper Maintenance of Land at Millport Motors: 14 Crawford Street, Millport, Isle of Cumbrae

Submitted report by the Assistant Chief Executive (Legal and Protective) seeking approval for the service of a notice requiring proper maintenance of land at 14 Crawford Street, Millport, Isle of Cumbrae.

The 350 square metre site is owned by Ian Morrison and forms part of Millport Street Motors. In January 2002, numerous complaints were received concerning the conditions of the site. Following a visit to the site by the Planning Inspector the owner was advised, in writing, to tidy up the site. In response to further complaints in June and September 2003, the Planning Inspector again visited the site and the owner was again requested, on both occasions, to tidy the site.

Despite a further visit to the site in January 2004 by the Planning Inspector, accompanied by Strathclyde Police who had received complaints about vandalism, the owner has advised that he does not intend to clear the site.

Page 10 The Sub Committee agreed to approve the service of a Notice in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 requiring proper maintenance of the land to ensure it is cleared and maintained in good order and fencing is erected to prevent "fly tipping" and to assist security at Millport Motors, 14 Crawford Street, Millport, Isle of Cumbrae.

7. Naming of New Housing Development by Redcliffe Manor Homes Ltd. off Shore Road,

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development off Shore Road, Skelmorlie.

The Sub Committee agreed to name the development "Redcliffe Manor".

8. Naming of New Housing Development by George Wimpey Scotland Ltd. on a Site to the South of Milgarholm Roundabout, Irvine

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development on a site to the south of Milgarholm Roundabout, Irvine.

The Sub Committee agreed to name the development "Lyle Gardens".

The Meeting ended at 3.10 p.m.

Page 11