Planning Committee 5 September 2005

IRVINE, 5 September 2005 - At a Meeting of the Planning Committee of North Council at 11.00 a.m.

Present David Munn, Tom Barr, John Moffat, Ian Clarkson, Margie Currie, Stewart Dewar, Elizabeth McLardy, Elisabethe Marshall, Margaret Munn, Alan Munro, David O'Neill (from Item 6), Donald Reid and Ian Richardson.

In Attendance I. Snodgrass, Chief Executive (Item 6); J. Travers, Corporate Director (Items 6-8), J. Tulips, Project Team Leader (Items 6-8), G. Wallace, Project Officer (Technical)(Items 6-8), S. Storrie, Project Officer (Education)(Items 6-8), L. Morton, Project Officer (Finance)(Items 6-8) and J. Findlay, Project Officer (Legal) (Educational Services)(Items 6-8); I.T. Mackay, Assistant Chief Executive (Items 6-8), 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 (Development and Promotion); A. Wattie and M. Gilmour, Communications Officers and S. Bale and M. Anderson, Corporate and Democratic Support Officers (Chief Executive's).

Chair Councillor David Munn in the Chair. Apologies for Absence Robert Rae and John Reid.

A. ITEMS DETERMINED UNDER DELEGATED POWERS

1. Deputation

05/00566/PP: Irvine: Littlestane Road: Site to the North of 3 Kames Court

MM02 Limited, Craig House, Mason Street, Motherwell, have applied for planning permission for the erection of a 15m high flexicell2 telecommunications column and associated equipment on a site to the north of 3 Kames Court, Littlestane Road, Irvine. 129 letters of objection have been received as detailed in Annex 1 to the report.

Page 1 On 15 August 2005, the Planning Committee considered and determined this planning application on the basis that, although the development relates to development on a road verge owned by the Council, the Council has no financial interest in the development and, in terms of the Communications Act, the applicants do not require the consent of the Council as the Roads Authority to erect a telecommunications mast at this location. However, in terms of the Town and Country (Notification of Applications) () Direction 1997, the Council's ownership of the verge in question means that, where the application has been subject to a substantial body of objections, the Council cannot grant it without referral to Scottish Ministers. Accordingly, the Committee's decision of 15 August 2005 to grant the application without referral to Scottish Ministers would have contravened the Notification Direction.

The Committee unanimously agreed to suspend Standing Orders to allow reconsideration of the application.

The Chair advised that a request had been received previously from objectors to the application to address the Committee on behalf of objectors. The Chair confirmed that he had agreed that the deputation be heard in terms of the Procedures and Guidance for objectors to planning applications and that the applicants had also been invited to attend the meeting.

Gregor Clark and Graham Crichton addressed the Committee on behalf of local residents and Lawthorn Primary School Board respectively, in support of their objections. Mr. Clark asserted that there were, in fact, 147 objectors to the application, the majority of whom lived in Girdle Toll and Lawthorn and 45 of whom lived within 500 metres of the site in question. Mr. Clark referred to the Council's Local Plan which designates the land in question for leisure and open space and as such the application is contrary to the Plan. He referred to the loss of amenity which would result from the size of the proposed mast in close proximity to houses, some of which are only 31 metres from the proposed mast and not 60 metres as stated in the report, and the lack of adequate year-round screening and thus the unacceptable visual impact. Mr. Clark suggested that the precautionary principle apply to objectors' concerns about possible health risks associated with the mast, on the grounds that anxiety over a potential risk constituted an illness in itself, regardless of whether or not actual risk itself could be established. Mr. Clark also referred to the refusal by East Dunbartonshire Council of 3 such applications on similar grounds. He sought that the application be refused for the reasons given.

On behalf of Lawthorn Primary School Board, Graham Crichton referred to the volume and strength of feeling against the proposed development by staff and parents of the school due to concerns about perceived health risks associated with the development.

Page 2 Ken Leitch, Community Liaison Officer, MM02 Limited, accompanied by Chris Weir, Surveyor, Pentland Chartered Surveyors, then addressed the Committee in response to the objectors. Mr Leitch advised that a mast is required in this area to allow MM02 Limited to fulfil its licence obligations in terms of cell coverage for 3rd generation mobile phone technology.

An alternative approved site located at Lawthorn Farm Public House is now no longer considered feasible as agreement cannot be reached on site arrangements. The current site has been selected by the company on the basis of available screening from trees, the presence of other street furniture in the area and its location further away from Lawthorn Primary School than other potential sites. The beam of greatest intensity will not fall on the school building or premises and output from the mast will fall well below established safety limits. Mast sharing had been considered at another site, but was unsuitable.

The Planning Services Manager then outlined the terms of the report which recommended that the application be granted subject to referral to Scottish Ministers and to conditions detailed within the Appendix to the report. He confirmed the inaccuracies contained within the report, accepting Mr Clark's assertion that the total number of objectors was 147 and not 129, as stated in the report, that the distance between the proposed development and the nearest houses was 30-40 metres rather than 60 metres as stated and that the site was on the boundary between housing and leisure/open space in the Adopted Local Plan and leisure/open space in the Finalised Local Plan.

The Planning Services Manager advised that further letters of objection had been received from Councillor Jane Gorman and Brian Donohoe MP.

The Committee then asked questions of the objectors, applicants and officers.

The Committee, having heard the deputation, the applicant's representatives and having considered the terms of the objections, agreed to grant the application subject (a) to referral to Scottish Ministers and (b) the following conditions unless the Scottish Ministers issue a direction in response to the referral:-

1. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of Council as Planning Authority.

2. That all equipment shall be located a minimum of 450mm from the adjacent carriageway.

Page 3 2. Arran Local Plan Area

2.1 05/00635/RMA: Lamlash: Arran High School

Hochtief PPP Solutions (UK) Limited, 4th Floor, 39 Praed Street, London, have submitted a reserved matters application for the erection of a secondary school with associated works at Arran High School, Lamlash, Isle of Arran. A letter of representation has also been received from Miss G.M. Harris, 11 McKelvie Road, Lamlash, Isle of Arran.

The Chief Development Control Officer advised that a further letter of representation has been received, from Brenda Stewart, Lamlash Improvements Group, c/o Millhill Front House, Shore Road, Lamlash, Isle of Arran.

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

1. That, prior to the commencement of the development hereby approved, a revised geometry of the access/egress as detailed in the transport assessment, and details of the in/out signing at the entrance/exit, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the development hereby approved, details of the disposal of surface water arising from the site to the public sewer, or of a scheme to treat it in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000", shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

4. That no development shall take place until there has been submitted to and approved by North Ayrshire Council as Planning Authority a revised 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.

Page 4 5. 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. That no construction works shall be carried out outwith the hours of 0730 to 1800 Monday to Thursday, 0730 to 1530 on Fridays, 0800 to 1230 on Saturdays or at any time on Sundays or Public Holidays, unless North Ayrshire Council as Planning Authority gives agreement in writing to any variation of these hours.

7. That there shall be no movement of construction or delivery vehicles into or out of the site between the hours of 0815 to 0900 and 1500 to 1600 on school days.

8. That outdoor facilities within the site shall not be used after 2200 Monday to Friday and 1700 at weekends.

9. That, prior to the commencement of the development hereby approved, details of the site compounds and access, shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter, any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

10. That sports field floodlighting and other lighting within the site shall be designed so as not to cause light intrusion in any nearby light-sensitive premises, to the satisfaction of North Ayrshire Council as Planning Authority.

11. That the outdoor sports facilities hereby approved, shall be fully operational before the opening of the school for educational purposes, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

2.2 05/00589/OPP: Brodick: Corriegills: Site to the North of Dunfion Farm

Henry Murdo, Dunfion House, Brodick, Isle of Arran, has applied for outline planning permission for the erection of a dwellinghouse on a site to the north of Dunfion Farm, Corriegills, Brodick, Isle of Arran. An objection has been received from R.S. Manock, 18 Outwood Lane, Horsforth, Leeds, owner of the adjoining property.

The Committee, having considered the terms of the objection, agreed to refuse the application on the following ground:-

Page 5 1. That the proposed development would be contrary to Policy ENV 1 of the Adopted Isle of Arran Local Plan in that the development would be located in the designated countryside area where the policy seeks to restrict development to situations where a genuine operational need for a worker to live on site has been demonstrated and where occupancy would be restricted to persons employed in agriculture, forestry or similar rural activity or in the business to which the dwellinghouse would be related.

2.3 05/00619/PP: Lamlash: Kinneil Park: Kinneil (South end of grounds)

Kinneil Development Co. Ltd., Stirksland, 3 Kinneil Park, Lamlash, Isle of Arran, have applied for planning permission for the erection of 5 dwellinghouses at the south end of the Kinneil grounds, Kinneil Park, Lamlash, Isle of Arran. Representations have been received from Annie and Richard Butterworth, Kinneil, and John and Sally Campbell, Blairbeg House, both Lamlash, Isle of Arran.

The former Development Control Sub Committee on 25 January 1999 granted planning permission for a total of 12 dwellinghouses on this site, 7 of which are substantially complete. Due to changes to the Building Standards in respect of disabled access, amendments to the planning permission are now required for the remaining 5 dwellinghouses.

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

1. That, prior to the commencement of the development hereby approved, details of a scheme to treat the surface water arising from the site in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the development, details of measures to stabilise the slopes on the boundaries of the application site as recommended by A. R. Booth, Geotechnical Consultant in his report dated 17th August entitled "Kinneil Development Company Ltd - Plots 8-12, Kinneil Park, Lamlash, Isle of Arran" shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details and/or samples of the proposed external finishes.

Page 6 2.4 05/00442/PP: Lamlash: Site to the West of Drift Inn

D.F.K. (Arran) Ltd., c/o Dallas McMillan Solicitors, 5 Waterloo Street, Glasgow, have applied for planning permission for a change of use of shop to form ground floor flat, to include separation of the existing first floor flat from vacant shop premises on a site to the west of the Drift Inn, Lamlash, Isle of Arran. Objections have been received from Patricia M. Martin, The Hirsel, Shore Road, B. Young, Keneiland, and G.S. Hird, Schiehallion, all Lamlash, Isle of Arran.

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

1. That, notwithstanding the plans hereby approved, the windows to be used in the development shall be timber framed, the design and specification of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development. Thereafter, such details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the parking and turning area shall be formed to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the flat.

2.5 05/00688/OPP: King's Cross: Channelview

Mrs. Melanie Wilson, 22 Firth Road, Barassie, Troon, has applied for outline planning permission for the erection of a one and a half storey dwellinghouse at Channelview, King's Cross, Isle of Arran. 12 letters of objection have been received as detailed in Annex 1 to the report.

The Chief Development Control Officer advised that a further letter of objection had been received from Isle of Arran Community Council, per Campbell Laing, Woodside, Pirnmill, Isle of Arran.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policy ENV 1 of the Adopted Isle of Arran Local Plan in that the development would be located in the designated countryside area where the policy seeks to restrict development to situations where a genuine operational need for a worker to live on site has been demonstrated and where occupancy would be restricted to persons employed in agriculture, forestry or similar rural activity or in the business to which the dwellinghouse would be related, neither of which are applicable in this instance.

Page 7 2.6 05/00495/PP: Dippen: Site to the West of Woodlea House

Mr. and Mrs. M. Taylor, Dippenhead Farm, Dippen, Isle of Arran, have applied for planning permission for the erection of a dwellinghouse for an agricultural worker on a site to the west of Woodlea House, Dippen, Isle of Arran. A representation has been received from R.E. Scott, Woodlea House, Dippen, Isle of Arran.

The Committee, having considered the terms of the representation, agreed to refuse the application on the following ground:-

1. That the proposed house would be sited at a location which has a poor standard of access, remote from the existing farm steading on the farm and of inappropriate design for a countryside location. The proposal is, therefore, contrary to the requirements of Policy BE 12 (Rural Design Guidance) and the Development Control Statement of the Adopted Isle of Arran Local Plan.

3. Garnock Valley Local Plan Area

3.1 05/00460/OPP: Kilbirnie: Site to the North East of 14 Ladysmith Road

Ann Todd, 35 Fudstone Drive, Kilbirnie, has applied for outline planning permission for the erection of a dwellinghouse on a site to the north east of 14 Ladysmith Road, Kilbirnie. An objection has been received from Donald Cameron, 12 Ladysmith Road, Kilbirnie.

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

1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of, landscaping and means of access to the proposed development shall be obtained before the development is commenced.

2. That the footprint size of the dwellinghouse shall not exceed 25% of the site area.

3. That, prior to the occupation of the dwellinghouse hereby approved, car parking shall be provided for both the existing and proposed dwellinghouse in accordance with the Council's Roads Development Guidelines.

4. That foul drainage from the development shall be connected to the public sewer system.

3.2 05/00089/OPP: Barrmill: Kilwinning Road: Site to the East of Gatend Farm

Colin Jackson, Duskview, Dunlop Road, Barrmill, has applied for outline planning permission for the erection of a dwelllinghouse on a site to the east of Gatend Farm, Kilwinning Road, Barrmill.

Page 8 The Committee agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policy HOU 10 in the Adopted Garnock Valley Local Plan, and Policy ENV 1 in the Finalised North Ayrshire Local Plan (excluding Isle of Arran), in that it would be new residential development in the countryside for which no identified occupational need for a house on the site has been demonstrated.

4. Irvine/Kilwinning Local Plan Area

4.1 05/00632/PP: : Greenwood Academy

Hochtief PPP Solutions (UK) Limited, 4th Floor, 39 Praed Street, London, have applied for planning permission for the demolition of a secondary school and erection of a secondary school with associated works at Greenwood Academy, Dreghorn. An objection has been received from Frank W. Henderson, 20 Dalmailing Avenue, Dreghorn.

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

1. That, prior to the commencement of the development hereby approved, revised drawings showing disabled parking bays and carriageway markings, in/out signing at the entrance/exit, carriageway geometry at the exit amended to create two exit lanes over a length of approx. 50 metres, each 3 metres wide with 10.5 metre corner radii, internal signage to direct traffic to correct routes, and entrance radii of 10.5 metres on the west side and 6 metres on the east side, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the development hereby approved, details of disposal of surface water arising from the site to the public sewer or of a scheme to treat it in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 9 4. That the developers shall satisfy themselves of the mineral stability of the site.

5. That no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a revised 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.

6. 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.

7. That no construction works shall be carried out outwith the hours of 0730 to 1800 Monday to Thursday, 0730 to 1530 on Fridays, 0800 to 1230 on Saturdays or at any time on Sundays or Public Holidays, unless North Ayrshire Council as Planning Authority gives agreement in writing to any variation of these hours.

8. That there shall be no movement of construction or delivery vehicles into or out of the site between the hours of 0815 to 0900 and 1500 to 1600 on school days.

9. That outdoor facilities within the site shall not be used after 2200 Monday to Friday and 1700 at weekends.

10. That, prior to the commencement of the development hereby approved, details of the site compounds shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

11. That sports field floodlighting and other lighting within the site shall be designed so as not to cause light intrusion in any nearby light-sensitive premises, to the satisfaction of North Ayrshire Council as Planning Authority.

12. That the outdoor sports facilities, hereby approved, shall be fully operational before the opening of the school for educational

Page 10 4.2 05/00156/PP: Kilwinning: 8 Priory Wynd

Andrew Fitzsimmons, 8 Priory Wynd, Kilwinning, has applied for planning permission for the erection of a 2 storey extension to the side of the detached dwellinghouse at that address. Objections have been received from Stewart Celso and Miss Susan Purcell, no. 10, Mr. and Mrs. N. Patel, no. 5 and Mrs. and Mrs. G. Hannigan, no. 9, all Priory Wynd, Kilwinning.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. That the proposed development would be contrary to Policy HOU 10 in the Adopted Irvine and Kilwinning Local Plan and would not meet criteria in the Development Control Statement in the Finalised North Ayrshire Local Plan (excluding Isle of Arran), in that it would be out of scale with the existing house and would have a detrimental effect on the character and amenity of the surrounding housing area by reducing the spacing between adjacent houses at first floor level to an unacceptable degree.

2. That the proposed development would result in the provision of an additional bedroom, but simultaneously in the loss of existing off-street parking provision, and as such would be contrary to the Council's Roads Development Guidelines.

4.3 05/00791/LUE: Irvine: 5 Portland Road: Filtec Water Services

Filtec Water Services Ltd., 5 Portland Road, Irvine, have applied for a Certificate of Lawfulness for industrial manufacture of parts and assemblies for potable water filtration systems (Class 5) at that address.

The procedure for applying for a Certificate of Lawful Use or Development was introduced by the Planning and Compensation Act 1991. It replaced the procedure for Established Use Certificates (for existing uses) and Section 51 Determinations (for proposed uses or developments) and was incorporated into the Town and Country Planning (Scotland) Act 1997. The Certificate is not the equivalent, in law of a grant of planning permission, but gives immunity from enforcement action.

If a use of land has been continued for 10 years or more, or if works were carried out more than 4 years ago, then they are immune from enforcement action and a Certificate of Lawfulness, if requested, is issued. In support of the application in question, the applicants have stated that activity on the site began in the 1940s and incorporated a Class 5 Use, namely a foundry. Both of the subsequent owners operated the foundry on the site until its sale to the applicants in 1988/9.

Page 11 The applicants have confirmed that the premises have been used for the manufacture of system parts and accessories for portable water systems since they purchased the site and that there were no other occupants of the facility between the foundry use and the applicants' current use. It is considered that the applicants' activities do not fall within Class 4 of the Use Classes Order by reason of noise, including traffic noise, with the result that they fall within Class 5.

The Committee agreed to issue of Certificate of lawfulness for the industrial manufacture of parts and assemblies for potable water filtration systems (Class 5).

4.4 05/00424/PP: Irvine: Site to the East of 102 Leven Place

Mr. and Mrs. R.A. Smith, 102 Leven Place, Irvine, have applied for planning permission for the change of use of open space to private garden ground and the erection of a boundary fence on a site to the east of that address.

The open space is currently owned and maintained by the Council. The Legal Services Manager confirmed that a Clawback condition could be incorporated into legal arrangements for the transfer of this land, to protect the Council's interests in respect of any potential increase in the value of the land which might be associated with any future development of the site.

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

1. That, prior to the commencement of use of the land as private garden ground, (i) the existing 1m wide section of footway adjoining the carriageway around the perimeter of the site shall be widened to 2m and (ii) the street lighting column located adjacent to the site shall be relocated at the applicants' expense, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. That a visibility splay of 2.5m X 35m to the west of the junction with the public road shall be provided and maintained within the application site, such that there is no obstruction to visibility above a height of 1.05m measured above the adjacent carriageway level, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the site shall not be used as private garden ground until an order has been made under Section 207 of the Town and Country Planning (Scotland) Act 1997 to stop up the section of adopted footpath within the application site.

4. That the proposed boundary fence shall match the applicants' existing rear boundary fence with regard to its height, design and finish.

Page 12 4.5 05/00522/PP: Irvine: 158 High Street

Marion K. Tremble, 15 Kerr Drive, Irvine has applied for planning permission for a change of use from shop to hot food take away shop at 158 High Street, Irvine. An objection has been received from C.K.D. Galbraith, 17 Dublin Street, Edinburgh on behalf of Southpark Flats Ltd., who own 154/156 High Street, Irvine.

The Committee expressed the view that storage of refuse inside the premises prior to collection should be secured by condition.

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

1. That, prior to the commencement of the use hereby approved, the developer shall install a self-contained re-circulation unit, such as the Lincat L4 Fume Filtration Hood or an equivalent, which shall be approved by North Ayrshire Council as Planning Authority. The approved system shall be maintained, in particular the filters regularly cleaned and the charcoal filter changed, to the satisfaction of North Ayrshire Council as Planning Authority, and shall be operated at all times when food is being prepared to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the use hereby permitted shall not operate between the hours of 7.00 pm in any day and 8.00 am the following day.

3. That the cooking appliances to be used within the premises shall be restricted to a table top fryer, griddle and pizza heater as specified on the approved kitchen layout plan, to the satisfaction of North Ayrshire Council as Planning Authority.

4. That all refuse bins shall be stored within the premises and only put outside prior to collection.

4.6 05/00416/OPP: : Site to the South West of Old East Lambroughton

Southannan Estates, North Southannan Farm, Fairlie, have applied for outline planning permission for the erection of a residential development on a site to the south west of Old East Lambroughton, Stewarton. Objections have been received from Greta Roberts, Town Planning Consultant, 8 Main Road, Waterside on behalf of Mr. and Mrs. Griffith, no. 1 and from Mr. and Mrs. Taylor, no. 2, Mr. and Mrs. P. Ballantyne, no. 3, all Terrace, Stewarton. A petition, signed by the residents of nos. 1-4 Chapeltoun Terrace, has also been received.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

Page 13 1. That the proposed development would be contrary to Policy ENV1 in the Adopted Irvine/Kilwinning Local Plan and ENV1 in the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that it comprises a new housing development without any justifiable need by way of employment and it would give rise to ribbon development sited along the C129 and B769.

2. That the proposed development would be contrary to Policies G1, G2, G5 and G6 in the Ayrshire Joint Structure Plan which directs new housing developments to sustainable sites within existing settlements and not to sites located in the Rural Protection Area on the key diagram.

3. That the proposed development would be detrimental to traffic safety in the area as the proposed means of access from a substandard road does not accord with the Council's approved Guidelines for Development Roads, and the applicant does not control ownership of the substandard road.

5. North Coast and Cumbraes Local Plan Area

5.1 04/01043/PP: : Brisbane Glen Road: Raillies Cottage and Surrounding Land

MacTaggart and Mickel, 126 West Regent Street, Glasgow, have applied for planning permission for the erection of 88 detached dwellinghouses, the formation of a new access, associated roads, footways, landscaping and car parking spaces at Raillies Cottage and surrounding land, Brisbane Glen Road, Largs. Objections have been received from Malcolm Heaton, Dochra Cottage, Brisbane Glen and Mr. and Mrs. Marshall, no. 14, Neil A. Fraser, La Llar, no. 24, Graham Ward, no. 6, Mr. and Mrs. J. Gibson, no. 20 and Mr. and Mrs. D. Robertson, no. 12, all Raillies Avenue, all Largs.

The Committee, having considered the terms of the objections, agreed to grant the application subject to (a) the applicants entering into a Section 75 agreement to regulate the provision of a financial contribution for sports facilities in Largs (to the value of £300,000) and the provision of a financial contribution for flood prevention works in the vicinity of the site (to the value of £30,000); and (b) 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 exact details of the surface water drainage system for the development, including full design calculations as part of a finalised Flood Risk Assessment and Drainage Assessment.

Page 14 2. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the external finishes to the dwellinghouses, the surface finish to the driveways and roadways, all boundary and plot division fences and all feature walls (where applicable).

3. That no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a finalised scheme of landscaping, which shall include full 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.

4. 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.

5. That, prior to the commencement of the development, the developer shall submit for the written approval of North Ayrshire Council as Planning Authority details of perimeter fencing to prevent dog access to the play areas and details of the programming of the installation of the play facilities in the context of the overall development.

6. 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, including the play area. 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.

7. 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 15 8. That all houses shall retain a minimum of three parking spaces within their respective curtilages (garages constitute one parking space).

9. That a two metre wide footway shall be provided along the entire frontage of the site with Brisbane Glen Road.

5.2 05/00327/PP: West Kilbride: Seamill: Chapelton Road: Former Slaughterhouse Site

Frances McLaughlin, 6 South Kilruskin, West Kilbride, has applied for planning permission for the erection of a dwellinghouse and timber decking at the former Slaughterhouse site, Chapelton Road, Seamill, West Kilbride.

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

1. That, prior to the re-commencement of works on the site, visibility splays of 2.5m x 80m shall be provided on land within the applicant's control, such that there is no obstruction to visibility above a height of 1.05 metre measured above the adjacent carriageway level, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the visibility splays referred to in condition 1 above shall be maintained to the satisfaction of North Ayrshire Council as Planning Authority and have their western boundaries defined by a 1.5m high stockproof fence which shall be erected prior to the re-commencement of development and, thereafter, remain in place to the satisfaction of North Ayrshire Council as Planning Authority.

3. That no trees within the area of the site between the dwellinghouse and the Kilbride Burn shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

4. That development shall not begin until a scheme to deal with any contamination on the site has been submitted to and agreed in writing with North Ayrshire Council as Planning Authority. All decontamination works shall be carried out prior to the re-commencement of any works on site.

5. 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.

Page 16 6. Deputation

6.1 05/00637/RMA: Saltcoats: Jacks Road: Site at Laighdykes Playing Fields and St. Andrew's Academy

Hochtief PPP Solutions (UK) Limited, 4th Floor, 39 Praed Street, London, have submitted a reserved matters application for the demolition of a secondary school and erection of new denominational secondary school and associated works on a site at Laighdykes Playing Fields and St. Andrew's Academy, Jacks Road, Saltcoats. 552 letters of objection have been received as detailed in Annex 1 to the report. In addition, a petition containing 200 signatures has also been received.

The Chair advised that requests had been received from Laighdykes Residents Group and from a number of individual objectors to the application to address the Committee on behalf of the objectors. The Chair confirmed that he had agreed that a deputation from Laighdykes Residents Group be heard on behalf of objectors in terms of the Procedure and Guidance for objectors to planning applications and that the applicants had also been invited to attend the meeting.

Ronald McNicol, Chair of Laighdykes Residents Group and Greta Roberts, Planning Consultant, addressed the Committee in support of the objections. Mrs. Roberts advised that the residents group objected to the school being placed on this site and questioned the neighbour notification procedure as being flawed. The objectors had a fear of further encroachment into the open space at Laighdykes and concerns that the pitches and pavilion would not be open for public use during the construction phase. She asked that additional conditions be inserted to cover these points. Mrs. Roberts expressed concerns about (i) perceived inadequacies associated with parking provision on site, including bus drop-off zones; (ii) the capacity of the proposed dining area; (iii) the vulnerability to vandalism of the large area of fenestration proposed; and (iv) the need for conditions to improve the standard of pitches to Class A, as well as future maintenance continuity. She sought that the application be refused.

Mr. McNicol raised the reduction in size and fencing off of the playing fields and doubling of users. Mr. McNicol questioned the feasibility of managing access to sports facilities within the new school following construction, in terms of the number of pupils of the school who would require access and access by Academy pupils, other schools, various clubs and the public. He reiterated concerns about access to Laighdykes Pavilion, both during and after construction, and the condition of the pitches. He raised the issue of the possible need for the under-5 training and resource centre to relocate. Mr. McNicol also criticised the design of the proposed development, the lack of detail on drainage arrangements, the proximity of additional denominational pupils to the nearby non denominational school, drop off arrangements, access to changing and sports facilities and the period of disruption likely during the construction phase.

Page 17 Ken Davie, Director, Keppie Planning and David Ross, Director, Keppie Architects, accompanied by Alan Ritchie, Director, Quail Munro, addressed the Committee in response to the objectors. They emphasised proposed arrangements to preserve and enhance the open space available to the community, together with the new indoor and outdoor sports facilities proposed. It was stated that the footprint of the proposed building was less than that of the existing school and that the significant enhancement to sports facilities proposed had the approval of Sportscotland. Analysis of traffic management proposals indicated that there would be minimal additional traffic at the Jack's Road/High Road junction, which was to be signalised. Provision for buses and a drop off zone for parents meet the assessed requirements of the school and the Head Teacher is satisfied with the size of car park proposed. In terms of design of the building, it was asserted that the design takes into account the unique location of the proposed building, the need to maintain the existing school and sports facilities during the construction phase, the desire to minimise the footprint of the building and considerations in terms of the internal movement and circulation of pupils.

The Chief Development Control Officer then outlined the terms of the report which recommended that the application be granted subject to referral to Ministers and subject to the conditions outlined within the appendix to the report.

The Committee then asked questions of the objectors, applicants and officers.

Councillor Marshall expressed concern at the amalgamation of 2 smaller schools into 1 larger school, the need for some pupils to travel by bus to the school, insufficient detail on the application and the requirement for further consultation.

The Committee, having heard the deputation, the applicants' representatives and having considered the terms of the objections, agreed, Councillor Marshall dissenting, subject to referral to the Scottish Ministers, to grant the application subject to the following conditions, unless the Scottish Ministers issue a direction in response to the referral:-

1. That, prior to the commencement of the development hereby approved, revised drawings showing the staff car parking as detailed in the transport assessment, details of the bus management regime, in/out signing at the entrance/exit, and internal signage to direct traffic to correct routes, shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

Page 18 2. That, prior to the commencement of the development hereby approved, details of disposal of surface water arising from the site to the public sewer or of a scheme to treat it in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the presence of any significant unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy, as agreed with North Ayrshire Council, shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

4. That no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a revised 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.

5. 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. That no construction works shall be carried out outwith the hours of 0730 to 1800 Monday to Thursday, 0730 to 1530 on Fridays, 0800 to 1230 on Saturdays or at any time on Sundays or Public Holidays, unless North Ayrshire Council as Planning Authority gives agreement in writing to any variation of these hours.

7. That there shall be no movement of construction or delivery vehicles into or out of the site between the hours of 0815 to 0900 and 1500 to 1600 on school days.

8. That outdoor facilities within the site shall not be used after 2200 Monday to Friday and 1700 at weekends.

Page 19 9. That, prior to the commencement of the development hereby approved, details of the site compounds shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

10. That sports field floodlighting and other lighting within the site shall be designed so as not to cause light intrusion in any nearby light-sensitive premises, to the satisfaction of North Ayrshire Council as Planning Authority.

11. That the outdoor sports facilities hereby approved shall be fully operational before the opening of the school for educational purposes, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

6.2 05/00631/PP: Ardrossan: Stanley School: Stanley Primary School

Hochtief PPP Solutions (UK) Limited, 4th Floor, 39 Praed Street, London, have applied for planning permission for the erection of primary school with associated works at Stanley Primary School, Stanley Road, Ardrossan.

Councillor Marshall expressed concern at the loss of playing fields, the amalgamation of 2 smaller schools into 1 larger school and the need for some pupils to travel by bus to the school.

The Committee agreed, Councillor Marshall dissenting, to grant the application subject to the following conditions:-

1. That, prior to the commencement of the development hereby approved, revised drawings showing carriageway markings in the form of direction arrows within the car park, boundary walls/fences in the vicinity of the vehicular/pedestrian entrance of a suitable height to enable inter-visibility between vehicles and pedestrians and pedestrian paths in and out of the campus moved away from the vehicular access to provide a level of segregation, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the development hereby approved, details of disposal of surface water arising from the site to the public sewer or of a scheme to treat it in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

Page 20 3. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

4. That no development shall take place until there has been submitted to and approved by North Ayrshire Council as Planning Authority a revised 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.

5. 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. That no construction works shall be carried out outwith the hours of 0730 to 1800 Monday to Thursday, 0730 to 1530 on Fridays, 0800 to 1230 on Saturdays or at any time on Sundays or Public Holidays, unless North Ayrshire Council as Planning Authority gives agreement in writing to any variation of these hours.

7. That there shall be no movement of construction or delivery vehicles into or out of the site between the hours of 0815 to 0900 and 1500 to 1600 on school days.

8. That outdoor facilities within the site shall not be used after 2200 Monday to Friday and 1700 at weekends

9. That prior to the commencement of the development, hereby approved, details of the site compounds shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

10. That sports field floodlighting and other lighting within the site shall be designed so as not to cause light intrusion in any nearby light-sensitive premises, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 21 11. That the outdoor sports facilities hereby approved shall be fully operational before the opening of the school for educational purposes, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.

B. ITEMS REQUIRING APPROVAL BY COUNCIL

7. Deputation

North Ayrshire Council Public Private Partnership for Schools Project: Appropriation of Open Space at Laighdykes Playing Fields, High Road, Saltcoats

Submitted report by the Corporate Director (Educational Services) on the appropriation by Educational Services of certain Council-owned open spaces at Laighdykes Playing Fields, High Road, Saltcoats for the building of the new St. Matthew's Academy and fenced synthetic sports facilities. 33 letters of objection have been received as detailed in appendix 4 to the report.

The Chair advised that a request had been received from Laighdykes Residents Group to address the Committee in objection to the proposed appropriation of open space at Laighdykes Playing Fields, High Road, Saltcoats. The Chair confirmed that he had agreed that a deputation be heard in terms of Standing Order 17.

Ronald McNicol, Laighdykes Residents Group, addressed the Committee, on objections to the proposed appropriation of land. He asserted that there had been 249 objections to the proposed appropriation and not 30 as indicated within the report. Mr. McNicol referred to a Minute of the Ardrossan and Saltcoats Golf Club dated 1 August 1947 which designated an area of 36.96 acres at Laighdykes which had been acquired by the former Local Authority as land for recreation and other similar use by the community. Mr. McNicol stated that this area would be significantly reduced under the proposed appropriation and that the title deeds should be read in conjunction with the Minute of Ardrossan and Saltcoats Golf Club.

The Project Team Leader (Educational Services) then outlined the terms of the report which recommended the appropriation of designated open spaces at Laighdykes Playing Fields, High Road, Saltcoats. Currently playing fields/open space at this location take up 83% of the total site area. Following the development of the site, playing fields/open space will take up 79% of the total site area. Access by the general public will be restricted in relation to the new school campus (4.45 acres), the fenced athletics track (3.41 acres) and the fenced synthetic hockey/football pitch (1.51 acres). The significant difference in relation to the small net loss of freely available open space will be in relation to the athletics track and sports pitch (together measuring 4.92 acres) which, although unbuilt upon, will be fenced off for school and programmed community use.

Page 22 In response to issues raised by Mr McNicol, the Project Team Leader (Educational Services) suggested that the discrepancy between the numbers of objectors to the proposed appropriation of land cited in the report and the figure quoted by Mr McNicol may have arisen as a result of joint objections having been received in respect of both the planning application associated with construction of the new school and the proposed appropriation of land at this location. The Project Team Leader (Educational Services) clarified that the proposed appropriation related only to the land required for the school building itself and enclosed sports facilities and not to the total area of land at this location. He advised that, whilst the land in question had been purchased by Ayr County Council and Ardrossan and Saltcoats Burgh Councils from the Golf Club for recreational purposes, no restriction had been placed on the title and the Council, is, therefore, free to act, subject to planing permission.

The Committee approved the appropriation of the designated open spaces at Laighdykes Playing Fields, High Road, Saltcoats, as detailed in the report.

8. North Ayrshire Council Public Private Partnership for Schools Project: Appropriation of Open Space at Central Avenue, Ardrossan

Submitted report by the Corporate Director (Educational Services) on the appropriation by Educational Services of Council-owned open space at Central Avenue, Ardrossan for the building of part of a fenced all-weather sports pitch associated with the new Stanley Primary School.

The total open space at Central Avenue currently comprises 4.65 acres. Following redevelopment of the school site and the construction of the fenced synthetic pitch, the area of open space will be reduced by 9% to 4.25 acres. The proposal will result in a small net loss of open space in relation to part of an all-weather sports pitch which, although unbuilt upon, will be fenced off for school and programmed community use.

The Committee approved the appropriation of the designated open space at Central Avenue, Ardrossan, as detailed in the report.

9. Modernising the Planning System: Scottish Executive White Paper

Submitted joint report by the Assistant Chief Executives (Legal and Protective) and (Development and Promotion) on the objectives and proposals contained in the Scottish Executive White Paper on Modernising the Planning System.

The proposals in the White Paper are grouped under four themes, namely fit for purpose, improving efficiency, widening inclusion and promoting sustainable development. In general terms, the proposals are welcomed, although it is recognised that they will have significant and widespread implications for the Council in the exercise of its duty as a Planning Authority. Key elements of the White Paper for the Council include the following:-

Page 23 (i) A third party right of appeal in planning applications is not proposed, although it is noted that the option of introducing a third party right of appeal will continue to be the subject of debate; (ii) Councils will be required to produce Local Development Plans instead of their current Structure Plans and Local Plans, with the effect that areas other than the four largest city regions need only be subject to a single tier of development plan. The result for Ayrshire would be the loss of a Strategic Plan for Ayrshire. This will have serious implications for the current Ayrshire Joint Structure Plan; (iii) The Planning Authority will be required to notify all owners, tenants and neighbours directly affected by new site specific policies or proposals identified in the local development plan and it is also proposed to transfer the responsibility of neighbour notification on planning application from applicants to the Planning Authority, as well as introducing neighbour notification to enforcement appeals; and (iv) Officers will exercise delegated powers in dealing with uncontroversial applications of Local or Minor importance including refusal and there will be a potential significant new role for elected members in respect of the applicant's "right of appeal".

Detailed responses to each of the above were set out in the report.

The Committee agreed (a) to approve the comments on the White Paper as detailed in the report and forward them to the Scottish Executive; and (b) that the Assistant Chief Executive (Development & Promotion) explore the future role of the Ayrshire Joint Structure Plan and Transportation Team with officers of East and South Ayrshire Councils.

10. North Ayrshire (excluding Isle of Arran) Finalised Local Plan: Objections to Proposed Modifications and Plan Adoption

Submitted report by the Assistant Chief Executive (Development and Promotion) on objections to proposed modifications and proposed adoption of the North Ayrshire (excluding Isle of Arran) Finalised Local Plan.

At its meeting of 14 June 2005, the Corporate Services Committee agreed to proceed with further modifications to the North Ayrshire (excluding Isle of Arran) Finalised Local Plan. The modifications were placed on deposit for a period of six weeks with objections to be submitted by 19 August 2005. A total of four letters of objection have been received to the further proposed modifications to the Plan, as follows:-

(i) Drivers Jonas on behalf of Defence Estates, an agency of the Ministry of Defence, wishes land within the settlement boundaries at Auchengate Crescent and Dundonald Crescent, Irvine, to be reallocated from open space to housing.

Page 24 (ii) Mr D.H. Telford, Chairman, Fairlie Community Council, wishes land to the east of Fairlie to revert from housing (subject to the terms of Policy RES 2B) to countryside with the objective of forming new playing fields.

(iii) Mr D.H. Telford, Managing Director, Fairlie Land Acquisition Company Limited, wishes land to the east of Fairlie to be used for the formation of community playing fields.

(iv) Biggart Baillie, Solicitors, on behalf of RDK Construction Limited, reassert that they consider that the terms of Policy RES 2B go beyond what the Reporter intended, without justification.

The Council's detailed responses to each of the objections, were set out in the report. In respect of objection (i), the previous decision of the Council, which is in accordance with the Reporter's recommendation, should be adhered to. In respect of Objections (ii) and (iii), there is no planning case or legal grounds to prevent the Council proceeding to allocate the land to the east of Fairlie under Policy RES 2B as modified. RES 2B, as set out in Appendix 2 to the report, is required to set a rigorous policy context for future development of land to the east of Fairlie to pay for a programme of restoration and subsequent maintenance for Kelburn Castle and improvements to the Country Centre as recommended by the Reporter. Registration by Fairlie Land Acquisition Company under the Land Reform (Scotland) Act 2003 does not prohibit the Council from maintaining Policy RES 2B and does not prevent the separate process now initiated through the Land Reform (Scotland) Act 2003. However, Policy RES 2B cannot be implemented until the outcome of registration under the Act is known. Objection (iv) raises no new issues.

A formal Notice of Intention to Adopt the Plan, as modified, requires to be advertised and notification given to the Scottish Ministers and to all objectors who have not withdrawn their objection. A period of 28 days from the date of the advertisement is allowed for this stage of the plan process and, subject to any direction by the Scottish Ministers, the Council is free to adopt the Plan on or after the date specified in the notice.

The Committee agreed (a) to approve the proposed responses to the objections as set out in the report; (b) to proceed to advertise and to adopt the Finalised Local Plan as modified; and (c) to recognise that Policy RES 2B cannot be implemented until the outcome of Registration under the Land Reform (Scotland) Act 2003 is known.

11. Development Brief for West Mayish, Brodick

Submitted report by the Assistant Chief Executive (Development and Promotion) on the Development Brief for West Mayish, Brodick.

Page 25 The West Mayish site was allocated for residential purposes through the recent Isle of Arran Local Plan process in order to meet the projected shortfall in sites for new housing in the Plan period to 2008. It is suggested that the site, which has an indicative capacity of 15 units, be developed for single and one-and-a-half storey housing. It is proposed to carry out public consultation of the brief set out in the Appendix to the report prior to its inclusion as Supplementary Information to the Isle of Arran Local Plan.

The Committee agreed to (a) approve, for public consultation, the Development Brief for West Mayish, Brodick as set out in the appendix to the report; and (b) that the Assistant Chief Executive (Development and Promotion) report back to a future meeting on the outcome of consultation.

12. Naming of New Housing Development by Paddle Homes Limited on a site off Mill Road, Kilbirnie

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

The Committee agreed to name the development "Ladeside Gardens".

The Meeting ended at 4.20 p.m.

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