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Planning Committee 16 January 2006

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Planning Committee 16 January 2006 Planning Committee 16 January 2006 IRVINE, 16 January 2006 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present David Munn, John Moffat, Ian Clarkson, Margie Currie, Stewart Dewar, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn, Alan Munro, David O'Neill, Robert Rae, Donald Reid, John Reid and Ian Richardson. In Attendance A. Fraser, Manager, Legal Services, J. Miller, Chief Development Control Officer and M. Lee, Senior Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager and R. McAlindin, Planning Officer (Development and Promotion); A. Wattie, Communications and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's). Chair Councillor D. Munn in the Chair. Apologies for Absence Tom Barr. 1. Minutes The Minutes of the Meetings of the Committee held on (i) 14 November; and (ii) 5 December 2005, copies of which had previously been circulated, were confirmed. A. ITEMS REQUIRING APPROVAL BY COUNCIL 2. Conservation Areas: West Kilbride and Skelmorlie The Committee received a presentation from Gordon Fleming of Consultants ARP Lorimer and Associates on the factors taken into account in considering the proposed West Kilbride Conservation Area and the extension of the Skelmorlie Conservation Area, including the re-examination of Tree Preservation Orders. Mr. Fleming gave examples of a number of considerations, such as the quality and historical interest of the built environment, as well as the character of streets and boundary treatments. Page 1 Mr. Fleming circulated summary documents on the Conservation Area assessment for West Kilbride and the Conservation Area appraisal for Skelmorlie and Upper Skelmorlie. Noted. 2.1 West Kilbride: Designation of Conservation Area Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed designation of a Conservation Area in West Kilbride. The Adopted North Ayrshire Local Plan (excluding Isle of Arran) contains a proposal, Policy BE4(a), to designate a Conservation Area within the centre of West Kilbride and a proposed boundary is shown on the Adopted Local Plan. Consultants ARP Lorimer, having conducted an independent study of West Kilbride, recommend the establishment of the Conservation Area boundary set out in the Appendix to the report. Designation of a Conservation Area gives greater control over trees, demolition of buildings and new development. More stringent planning controls can also be established within a Conservation Area through Article 4 Directions which can remove certain permitted development rights within the boundary to ensure that key characteristics and features of the area are protected. In the case of West Kilbride, ARP Lorimer recommend that protection should be in place for window/door replacements and boundary fences/walls/gates to the front of buildings. The Committee agreed (a) to designate an area in West Kilbride as shown in the Appendix to the report as a conservation area with an Article 4 Direction to provide additional control; and (b) that the Assistant Chief Executive (Development and Promotion) undertake the necessary advertisement and other public consultation procedures to consult the public and other parties on the proposals and report the outcome to a future meeting of the Committee. 2.2 Skelmorlie: Conservation Area Audit Submitted report by the Assistant Chief Executive (Development and Promotion) on a proposed alteration to the boundary of the designated Conservation Area in Skelmorlie. Page 2 The Adopted North Ayrshire Local Plan (excluding Isle of Arran) contains a proposal, Policy BE4(b), to commence a programme of Conservation Area appraisals. In this context, a review has been undertaken in Skelmorlie by consultants ARP Lorimer. They recommend a minor alteration to the boundaries of the existing Skelmorlie Conservation Area as shown in the Appendix to the report, as well as the consolidation of the Tree Preservation Order areas within the town. When the Conservation Area was originally designated, an Article 4 Direction was put in place to remove specific development rights, comprising the erection, construction, maintenance, improvement or alteration of a gates, fences, walls or other means of enclosure situated within the boundary. It is proposed that this Direction extend to the revised boundary. The Committee agreed (a) to alter the existing boundary of the Conservation Area in Skelmorlie as shown in the Appendix to the report the report and extend the existing Article 4 Direction to provide additional control; (b) that the Assistant Chief Executive (Development and Promotion) undertake the necessary advertisement and other public consultation procedures to consult the public and other interested parties on the proposals and report the outcome to a future meeting of the Committee; and (c) to authorise designation of additional TPOs as shown in the Appendix to the report. 3. Consultation Paper on Defining Marine Boundaries for Fish Farming Submitted report by the Assistant Chief Executive (Development and Promotion) on the consultation paper on Defining Marine Boundaries for Fish Farming which seeks views and proposals for the designation of marine boundaries in coastal and transitional waters. The designation of marine boundaries and coastal and transitional waters for marine fish farming is to be welcomed, as boundaries will identify areas of responsibility for Planning Authorities with regard to marine fish farming. There are no concerns arising from the boundary proposed for the North Ayrshire zone, including the resolution of a small anomaly between the North Ayrshire and Inverclyde boundaries. It is not anticipated that the Executive's intention to extend planning powers out to the 12 nautical mile limit will have a significant impact on North Ayrshire. When the proposals are introduced, the Council will require to prepare a Local Plan policy covering fish farm development. The marine boundary will also require to be incorporated into Local Plan maps. Page 3 The Committee agreed to approve the responses set out in Appendix 1 to the report for submission to the Scottish Executive. 4. Naming of New Housing Development by Consort Homes Ltd. on a site off Shore Road, Skelmorlie Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development on a site off Shore Road, Skelmorlie. The Committee agreed to name the development "Chaseley Gardens". Page 4 B. ITEMS DETERMINED UNDER DELEGATED POWERS 5. Arran Local Plan Area 5.1 05/01003/LUE: Brodick: Corriegills: Corriegills Road: Site to the South of Altbeg Alistair McPherson-Rait, 1 Stanley Avenue, Paisley, has applied for a Certificate of Lawfulness for existing use as a holiday caravan on a site to the south of Altbeg, Corriegills, Corriegills Road, Brodick, Isle of Arran. The application relates to a static caravan granted planning permission for a temporary period of 5 years on 28 March 1989 and conditional upon it being for the personal benefit of the applicant, used for purposes incidental to the enjoyment of the adjacent dwellinghouse and the caravan being removed and the land reinstated to its former condition on or before 1 April 1994. The caravan was not removed and has remained on site since it was originally placed there. The application for a Certificate of Lawfulness has been made in order that the applicant can receive formal certification from the Planning Authority that the caravan is a lawful development, making it immune from enforcement action to remove it or against any failure to meet the terms of any planning conditions or limitations previously imposed. The applicant has instead provided adequate documentation to reflect that the caravan has been used for holiday purposes for a period of almost 20 years. The Committee agree to issue a Certificate of Lawfulness for the use of the caravan on the site to south of Altbeg, Corriegills for holiday purposes on the basis that the caravan has been sited more than ten years prior to the date of this application and, as such, is immune from enforcement action. 5.2 05/00846/PP: Kildonan: Site to the North and East of Osprey Cottage Mr. and Mrs. J. Miller, 12 Benlister Road, Lamlash, Isle of Arran, have applied for planning permission for the change of use of agricultural land to a retail market garden, the siting of a caravan and the formation of vehicular access on a site to the north and east of Osprey Cottage, Kildonan, Isle of Arran. Objections have been received from John Van Bogerijen, Woodend, T. Southall, Osprey Cottage and Ms. Susan Gaffney, The Glen, all Kildonan, Isle of Arran. Page 5 The Committee, having considered the terms of the objections, agreed (a) to refuse the application on the following ground:- 1. That the proposed development would be contrary to Policy ENV1 and the Development Control Statement of the Adopted Isle of Arran Local Plan, in that there is no need for the proposed caravan which would be prominently sited in an area of relatively open countryside and, by reason of its siting, design and external appearance, would be detrimental to visual amenity and would establish an undesirable precedent for further unsatisfactory development within the countryside. and (b) to pursue enforcement action to secure the removal of the unauthorised caravan. 5.3 05/00933/PP: Lamlash: Briarbank James Gordon, Briarbank, Lamlash, Isle of Arran, has applied for planning permission for the erection of an extension to the rear and side of a detached dwellinghouse at that address. An objection has been received from Allan McArthur, 809 Balmoral Court, Friendswood, USA. The Committee, having considered the terms of the objection, agreed to grant the application. 5.4 05/01114/PP: Whiting Bay: Craigard Ms. Heather White and Ms. Mary Kelly, Craigard, Whiting Bay, Isle of Arran, have applied for planning permission for the erection of a single storey extension to the side of a semi-detached dwellinghouse at that address. A representation has been received from Mrs.
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