Planning Committee 12 February 2008

IRVINE, 12 February 2008 - At a Meeting of the Planning Committee of North Council at 2.00 p.m.

Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, Ian Clarkson, John Ferguson, Ronnie McNicol, Pat McPhee, David Munn, Ryan Oldfather and Robert Rae.

In Attendance A. Fraser, Manager, Legal Services, R. Forrest, Planning Services Manager, J. Miller, Chief Development Management Officer and A. Craig, Senior Solicitor (Litigation) (Legal and Protective); and A. Wattie, Communications Officer and M. Anderson, Corporate Support Officer (Chief Executive's).

Chair Councillor McLardy in the Chair. Apologies for Absence John Moffat. 1.

07/00955/PP: : : 25A Hamilton Terrace

D. Boyle, 1 Kilbride Cottages, Clauchlands Road, Lamlash, Brodick, Isle of Arran, has applied for planning permission for the erection of a one-and-a-half storey dwellinghouse at 25A Hamilton Terrace, Lamlash, Brodick, Isle of Arran.

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

1. That, the ridge, eaves and roof slope shall match those of the existing houses in the row.

2. That, prior to the commencement of the development, the applicant shall submit for the written approval of Council exact details of the window frames, timber door and weather boarding finishes. For the avoidance of doubt, the windows shall have painted timber frames, doors shall be of a timber boarded type and the timber weather boarding shall be painted rather than stained.

3. That, prior to the commencement of the development, the applicant shall submit for approval of North Ayrshire Council as Planning Authority revised proposals for the reduction of the size of the ground floor window on the front gable to create a vertical rather than horizontal emphasis, to the satisfaction of North Ayrshire Council as Planning Authority.

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07/00629/PP: Ardrossan: 59 Princes Street

Hovepark Properties, 56 Hamilton Street, Saltcoats, have applied for planning permission for the erection of a residential development comprising 1 block of 6 flats, 1 block of 3 flats, 2 dwellinghouses and associated car parking at 59 Princes Street, Ardrossan.

A site familiarisation visit was undertaken by the Planning Committee in respect of this application.

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

1. That the proposed dwellinghouses would result in the site being overdeveloped and would not accord with criteria (a) and (b) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran) in that their siting would represent backland development which would not offer an acceptable level of residential amenity for the proposed houses and which would be detrimental to the amenity of neighbouring residential properties.

3.

3.1 07/01139/LBC: Dalry: 28 New Street

Tracey Hogarth, 28 New Street, Dalry, has applied for retrospective listed building consent for the erection of a replacement fascia sign at the front of the estate agents at that address.

The Committee agreed (a) to refuse the application on the following ground:-

1. That the fascia sign is contrary to Policies BE1 and BE5 contained within the North Ayrshire Local Plan (Excluding Isle of Arran), in that the fascia sign is detrimental to the character and setting of the Dalry Conservation Area and detracts from the character and appearance of the Category C(s) Listed Building. and (b) to authorise Enforcement action to secure the removal of the unauthorised sign.

3.2 07/00912/PP: : 63 Herriot Avenue

Mr. and Mrs. J. Russell, 63 Herriot Avenue, Kilbirnie, have applied for planning permission for the erection of a conservatory to the rear of the detached dwellinghouse at that address.

Page 2 The Committee agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Criterion (a) in the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would comprise overdevelopment of the rear garden and leave insufficient private garden space for the enjoyment of the dwellinghouse.

4. Irvine/

4.1 07/00181/PP: Kilwinning: Site to South East of Mid Moncur Farm

J. McVay, Corsehillhead, Kilwinning, has applied for planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the south east of Mid Moncur Farm, Kilwinning. An objection has been received from Mrs. J. Hodgetts, Windyhall Farm, , Kilwinning.

The Committee, having considered the terms of the objection, agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit the occupation of the dwellinghouse to a person employed in agriculture at the agricultural unit of Corsehillhead Farm or a dependant of such person; and (b) the following conditions:-

1. That the external finishes shall be wet-dash roughcast to the walls and natural slate to the roofs.

2. That visibility splays of 2.5 metres by 60.0 metres 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 metre measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the first two 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.

4. That the applicant shall form a verge crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the occupation of the house, three car parking spaces and a separate turning area shall be provided within the site to the satisfaction of North Ayrshire Council as Planning Authority.

Page 3 6. 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 Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

7. That no development shall take place until a soil porosity test has been carried out to the satisfaction of North Ayrshire Council as Planning Authority.

8. That, prior to the commencement of any works, effluent disposal arrangements shall be agreed to the satisfaction of North Ayrshire Council as Planning Authority. Any septic tank shall be located in such a position as will enable it to be emptied by road tanker.

9. 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.

10. 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 for the road frontage and the south and west boundaries, 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.

11. 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.

12. That details of the boundary enclosures shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Thereafter, any such details which may be agreed, shall be implemented prior to the occupation of the house and thereafter maintained all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 4 4.2 07/00490/PP: Kilwinning: 27 Hillpark Rise

Gordon Smith, 27 Hillpark Rise, Kilwinning, has applied for planning permission for a proposed change of use from open space to form garden ground, including the erection of a 1.8m high boundary fence, at that address.

The Planning Services Manager advised of a proposed amendment to condition 1.

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

1. That, prior to the commencement of any works to include the ground into the garden of No 27 Hillpark Rise, details of the width, finish and future maintenance of the path shall be submitted for the approval in writing of North Ayrshire as Planning Authority. Prior to the erection of the boundary fence, the path shall be implemented in accordance with the approved details and, thereafter, maintained, all to the satisfaction of North Ayrshire as Planning Authority.

2. That the boundary enclosures shall be erected prior to the inclusion of the land into the garden and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

4.3 07/00868/PP: Irvine: Meadowhead Industrial Estate: 3 Dunlop Drive

J.S. Trading, 3 Dunlop Drive, Meadowhead Industrial Estate, Irvine, have applied for retrospective planning permission for the part change of use of an industrial unit to incorporate a public sales area at that address.

The Committee agreed (a) to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policies IND 6, IND 13 and TC 5 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it comprises a retail use, not being a factory shop, in an area allocated for business and industry use, outwith the town centre boundary. and (b) to authorise Enforcement action to have the unauthorised use ceased.

4.4 07/00597/PP: Irvine: 42 Caldon Road

Gala Coral Group Ltd., 25-27 Front Street, Chester-le-Street, County Durham, have applied for planning permission for the part change of use from Class 1 retail to form Class 2 betting office, including an extension to the side, at 42 Caldon Road, Irvine.

The Planning Services Manager advised that, following amendment of the application to allow for the provision of the access ramp within the building, the recommendation of officers was to approve the application.

Page 5 The Committee agreed to grant the application.

4.5 07/01208/PP: Irvine: Mill Road: Chamber Houses

Andrew Hood, Chamber Houses, Mill Road, Irvine, has applied for planning permission for alterations and an extension to the outbuildings to form a plumbers office at that address. Objections have been received from A. Kilpatrick, no. 36, Anabel Lamb, no. 40, T. McDonald, no. 26, Mr. F. and Mrs. R. Tannir, no. 38, all Sillars Meadow, and from R. Dickson, 20 Kerr Drive, all Irvine.

The Planning Services Manager advised of a proposed additional condition to clarify that the permission would not be for the benefit of the land in question, but for the applicant only.

The 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 applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details or samples of the proposed external finishes.

2. That the planning permission hereby granted shall enure not for the benefit of the land to which it relates but for the benefit of the applicant only.

4.6 07/00959/PP: Irvine: : Site to the North East of 1 Main Street

Gordon Findlay, Mountfield Development Ltd., 19 Ashgrove Road, Kilwinning, has applied for planning permission for the erection of 10 detached dwellinghouses with associated access and car parking on a site to the north east of 1 Main Street, Drybridge, Irvine.

A site familiarisation visit was undertaken by the Planning Committee in respect of this application.

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

1. That the proposed development would not accord with Policy OS2 of the Adopted North Ayrshire Local Plan (Excluding Isle of Arran) in that the development does not provide open space and children's play facilities in accordance with the Council's approved policy.

Page 6 2. That the proposed development would not accord with Criteria (a), (b) and (d) contained within the Adopted North Ayrshire Local Plan (Excluding Isle of Arran) in that the proposed development would be out of character with existing development in the area, would represent over development of the site, may be subject to adverse traffic noise and vibration and the access road would not be constructed to an adoptable standard, contrary to the requirements of North Ayrshire Council's Roads Development Guidelines, to the detriment of traffic safety in the area.

5. North Coast and Cumbraes

5.1 07/01165/LUE: Millport: 46 Stuart Street

Gordon McCoo, 46 Stuart Street, Millport, Isle of Cumbrae, has applied for a Certificate of Lawfulness for an existing use as a dwellinghouse at that address.

Under the terms of Section 150 of the Town and Country Planning () Act 1997, an applicant can apply for a Certificate of Lawfulness to ascertain whether any operations, use of land or buildings or the breach of a planning condition would be lawful. If a dwellinghouse has been in use for a continuous period of 4 years or more, it is immune from enforcement action and a Certificate of Lawfulness, if requested, must be issued. The onus of proof in this matter rests with the applicant.

In this instance, the applicant has submitted information in support of his applicant and it is considered that this provides sufficient evidence to support the fact that the property has been used as a dwellinghouse for more than 4 years.

The Committee agreed to issue a Certificate of Lawfulness for the use of the premises at 46 Stuart Street, Millport, Isle of Cumbrae as a dwellinghouse.

5.2 07/01001/PP: Millport: Golf Road: Hawthorn Bank Cottage

Ronnie Stewart, Mid Kirkton, Golf Road, Millport, Isle of Cumbrae, has applied for planning permission for the erection of 2 detached dwellinghouses at Hawthorn Bank Cottage, Golf Road, Millport Isle of Cumbrae. Objections have been received from W. Duncan, 27 Street and J. Young, Penmachrie, Golf Road, both Millport, Isle of Cumbrae. A representation has also been received from Cumbrae Community Council, per Ms Marie Jones, Secretary, Farlancraig, 44 Marine Parade, Millport.

The Chief Development Management Officer advised of the content of a letter submitted by Kenneth Gibson MSP in support of the application, and responded to the issues contained therein.

Page 7 Provost Rae expressed the view that the location in question had brownfield, rather than countryside, aspects by virtue of the surrounding houses and nearby former destructor site. He indicated that, despite concerns from Roads Services, there had been no recorded accident on the access road and that Golf Road, which is also used by nearby houses, has otherwise only light traffic associated with use of the golf course.

Provost Rae, seconded by Councillor Brown, moved that the Committee grant the application subject to conditions in relation to the treatment of surface water, external finishes, boundary enclosures, the access road, treatment of any unsuspected contamination of the site, archaeological works and the use of the garage for domestic purposes.

As an amendment, Councillor Munn, seconded by Councillor McLardy, moved that the Committee refuse the application for the reasons contained in the report.

On a roll call vote, there voted for the amendment Councillors McLardy, Clarkson, Munn and Oldfather, and for the motion Councillors Currie, R. Barr, Brown, Ferguson, McNicol and McPhee and Provost Rae, and the motion was declared carried.

Accordingly, the Committee, having considered the terms of the objections and representation, 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 Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme that may be approved shall be 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, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.

3. That details of the boundary enclosures shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Thereafter, such details which may be agreed, shall be implemented prior to the occupation of each house and, thereafter, maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 8 4. That, prior to the commencement of the development, details of the upgrade of the access road construction, alignment and geometry, shall be submitted for the written approval of North Ayrshire Council and, thereafter, approved details shall be completed prior to the occupation of the first dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of North Ayrshire Council as Planning Authority. 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.

6. That no development shall take place within the development site as outlined in red on the approved plan, until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by the Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken, to the satisfaction of the Planning Authority in agreement with the West of Scotland Archaeology Service.

7. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse. For the avoidance of doubt, no commercial or business activity shall be undertaken from the garage hereby approved.

5.3 07/01158/PP: : Road: West Kilbride Primary School

North Ayrshire Council, Educational Services, House, Irvine, have applied for planning permission for the formation of an all weather sports pitch and the erection of changing accommodation at West Kilbride Primary School, Hunterston Road, West Kilbride. 5 objections have been received, one of those objections containing a petition with 64 signatories, as detailed in Annex 1 to the report.

Councillor Brown, seconded by Councillor McNicol, moved that the Committee grant the application, subject to referral to the Scottish Ministers and to a condition limiting the hours of operation of the sports pitch, but not limiting its use to primary school children only.

Page 9 As an amendment, Councillor Munn, seconded by Councillor Currie, moved that the Committee grant the application subject to referral to the Scottish Ministers and to the two conditions contained in the report.

On a division, there voted for the amendment 3 and for the motion 7, and the motion was declared carried. Accordingly, the Committee, having considered the terms of the objections, agreed to grant the application subject to (i) the application being referred to the Scottish Ministers; and (ii) the following condition, unless the Scottish Ministers issue a direction in response to the referral:-

1. That the sports pitch hereby approved shall only operate between the hours of 8am and 8pm on Mondays - Fridays inclusive and between the hours of 8am and 6pm on Saturdays and Sundays.

6. Draft North Ayrshire Core Paths Plan: Formal Consultation

Submitted report by the Assistant Chief Executive (Legal and Protective) seeking approval of the Draft North Ayrshire Core Paths Plan.

All local authorities in Scotland are required under Section 17(1) of the Land Reform (Scotland) Act 2003 to draw up a plan for a system of paths ("Core Paths") sufficient for the purpose of giving the public reasonable access throughout their area. Section 18(1) of the Act also requires Councils to undertake a 12-week period of formal public consultation on the Draft Core Paths Plan.

The former Corporate Services Committee agreed to commence the core path planning process on 30 August 2005. Appendix 1 to the report provides a summary of the process and the actions undertaken to date. North Ayrshire Outdoor Access Forum has been instrumental in the development of the Draft Plan and extensive consultation has been undertaken with the wider public, including affected landowners and managers.

A 12-week public consultation process, as set out in Appendix 2 to the report, is proposed between March 2008 and June 2008. The next stages of the core path planning process beyond the consultation are summarised in Appendix 3. The Council can adopt the Core Paths Plan if no objections are raised in relation to the draft, or if objections are resolved. If it is not possible to resolve all the objections, Scottish Ministers will cause a Local Inquiry to be held.

The Chair reported that the Outdoor Access Toolkits developed for the audit phase of the Core Paths Plan recently received a Bronze Award as part of CoSLA's Excellence Awards for 2007, and that the toolkits have also been short-listed for a Scottish Award for Quality in Planning by the Scottish Government and Royal Town Planners Institute.

Page 10 On behalf of the Committee, the Chair expressed her appreciation of the work undertaken by officers, particularly the Council's Outdoor Access Officer, and offered her congratulations on the Service's achievements.

The Committee agreed to (a) approve the documents (available in the Members lounge) and to commence the 12-week formal consultation period; and (b) remit to the Assistant Chief Executive (Legal & Protective) to pursue dialogue to resolve any objections raised through the consultation process.

The Meeting ended at 3.40 p.m.

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