Planning Committee 3 February 2009

IRVINE, 3 February 2009 - 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, John Moffat, David Munn and Robert Rae.

In Attendance R. Forrest, Planning Services Manager, K.Smith, Senior Development Management Officer and A. Craig, Senior Solicitor (Legal and Protective); and M. Anderson, Committee Services Officer (Chief Executive's).

Chair Councillor McLardy in the Chair. Apologies for Absence Pat McPhee.

1.

08/00538/PP: : Brodick Nursery

Mr. and Mrs. C. Morrison, Brodick Nursery, Brodick, Isle of Arran, have applied for planning permission for the erection of 7 dwellinghouses with associated access roads and parking at that address. 1 objection has been received, as detailed in the report.

The Planning Services Manager advised of the receipt of a further statement of support from the applicants.

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

1. That the proposed development would be contrary to Criteria (a), (b), (c) and (g) of the Development Control Statement of the Adopted Isle of Arran Local Plan in that it would represent over development of the site, thereby resulting in a significant loss of trees from an area protected by a Tree Preservation Order which would be detrimental to visual amenity and the character of the area.

Page 1 2. Garnock Valley

2.1 08/00912/PP: : 26-30 Eglinton Street

William Hill, 9/15 North Drive, , have applied for planning permission for a proposed change of use from Class 1 (Shops) to Class 2 (Financial, Professional Services (betting office)) including installation of a 1.2m diameter satellite dish at 26-30 Eglinton Street, Beith. 1 objection has been received, as detailed in the report.

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

2.2 08/00823/PP: Dalry: Site to South of 5-7 Bridgend Industrial Estate

Reids Food Services, 38 James Street, Dalry, have applied for planning permission for the erection of a food distribution warehouse on a site to the south of 5-7 Bridgend Industrial Estate, Dalry. 17 individual objections have been received, together with a petition containing 24 signatures, as detailed in the report.

The Senior Development Management Officer advised of the receipt of a further 3 letters of objection from existing objectors, and responded to the issues contained therein.

The Committee, having considered the terms of the objections, agreed, Councillor R. Barr dissenting, 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, 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. In addition, prior to the commencement of the development, hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

Page 2 2. 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.

3. That no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a scheme of structural landscaping, which shall include details of species, planting densities, soil treatment and aftercare and shall include indications of all existing trees and hedgerows affected and details of any to be retained together with measures for their protection in the course of the implementation of the landscaping scheme. Thereafter, the structural landscaping approved shall be carried out in the first planting season, following the development coming into operation, to the satisfaction of North Ayrshire Council as Planning Authority. Any trees or plants which, within a period of five years from the time of planting are removed, become damaged, diseased or die, 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.

4. That any noise arising from the hereby approved development shall not be detrimental to the residential amenity of nearby sensitive properties. In order to demonstrate this prior to the commencement of development a Noise Assessment shall be undertaken, particularly relating to noise generated by plant, machinery and vehicles associated with the operation of the proposed development. This Noise Assessment shall be submitted to North Ayrshire Council as Planning Authority for written approval. The scope of the noise assessment shall be agreed in advance with North Ayrshire Council. Any relevant findings of the Noise Assessment shall be implemented, prior to any use of the building, all to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the commencement of development, full details of the means of enclosure of the site, including fences, gates, etc, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, these means of enclosure shall be provided prior to the use of the premises hereby approved.

6. That, prior to any use of the building, hereby approved, an Operational Statement, detailing the method of working undertaken at the premises shall be submitted to and approved in writing by North Ayrshire as Planning Authority. The scope of this Operational Statement shall be agreed in advance, in writing, with North Ayrshire Council, as Planning Authority. Thereafter, the methods of working at the premises shall accord with the terms of this Statement, unless otherwise agreed, in writing, by North Ayrshire Council as Planning Authority.

Page 3 7. That the colour of the external cladding is not hereby approved. Prior to the commencement of development, full details of the proposed colour scheme shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority.

8. That, prior to the use of the building, hereby approved, a scheme of upgrading works, to the existing bus stop on Blair Road/Bridgend, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. This scheme shall include a replacement bus shelter and the installation of a raised boarder, similar to those being installed within the Garnock Valley Quality Bus Corridor.

9. That, prior to the commencement of development, full details of any external lighting shall be provided for the written approval of North Ayrshire Council as Planning Authority. Such external lighting shall be designed and positioned such that it would not result in light pollution to the detriment of residential amenity.

2.3 08/00813/OPP: Dalry: Site to North of Kerslochmuir Farm

Mr. and Mrs. W. Shanks, Kerslochmuir Farm, Dalry, have applied for outline planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the north of that address.

Members expressed the view that more detailed information was required on a business case for the development, in addition to the labour requirement calculation provided by the Scottish Agricultural College. Discussion also took place with regard to grouping with the farm steading.

The Committee agreed to continue consideration of the application to a future meeting for (a) a further report from the Scottish Agricultural College, such report to contain information on any business case for the development and (b) information from the Planning Service on alternative siting which would minimise visual impact.

2.4 08/00739/OPP: Dalry: Site to the West of 35 Drakemyre

Aldi Stores Ltd (Bathgate), c/o Turley Associates, 2 Multrees Walk, Edinburgh, have applied for outline planning permission for a residential development on a site to the west of 35 Drakemyre, Dalry. 1 representation has been received, as detailed in the report.

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

1. That the proposed development is contrary to Policies IND6 and IND7 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), which seek to retain the site for business, industrial and storage and distribution uses within Classes 4, 5 and 6.

Page 4 2. That the proposed development is contrary to Policy A1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as there is no proven need for the development with a resultant economic, environmental or community benefit, there are other suitable allocated or approved alternative sites for residential use within the locality, and the nature of the proposal is not compatible with or sympathetic to the character of the surrounding area.

3. That the site is identified as being at medium to high risk of flooding and it has not been demonstrated that this risk could be overcome, as such the proposal is contrary to Policy INF6 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran).

3. Irvine/

3.1 08/00908/PP: Irvine: Irvine Industrial Estate: 25 Kyle Road

Vicrapore Ltd., 45A Road, , , have applied for retrospective planning permission for the erection of a 1.8m high metal palisade boundary fence at 25 Kyle Road, Irvine Industrial Estate, Irvine. 1 objection has been received, as detailed in the report.

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

3.2 08/00833/PP: Irvine: : Site to East of 2 The Gardens

Eoghan Watt, Ross & Liddell, 60 St. Enoch Square, Glasgow, has applied for retrospective planning permission for the erection of a 1.8m high timber fence on a site to the east of 2 The Gardens, Perceton, Irvine. 1 objection has been received, as detailed in the report.

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

3.3 08/00690/PP: Kilwinning: : Site to South of Bullerholes West

D. McKellar, 1 Home Cottages, Bullerholes, Kilwinning. has applied for planning permission for the erection of a detached dwellinghouse with associated access road on a site to the south of that address. 3 objections have been received, as detailed in the report.

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

Page 5 1. That the development hereby approved shall be commenced within 2 years of the date of this permission to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the roofing material shall be a suitable artificial slate or tile, a sample of which shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.

3. That the windows shall be white painted timber or Upvc with mock sash and case type openings and, prior to the commencement of any works, full details shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority.

4. That the septic tank and soakaway shall be designed and constructed in accordance with the requirements set out in "The Scottish Building Standards: Technical Handbook: Domestic" issued in May 2005, exact details of these drainage arrangements shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development hereby approved; the approved drainage arrangement shall be installed prior to the occupation of the dwellinghouses.

5. That, prior to the commencement of the development, hereby approved, details of a scheme to treat the surface water, arising from the site, shall be submitted and approved by North Ayrshire Council as Planning Authority. Such details should be in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007 and, 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.

6. That no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

7. That, within 6 months of the date of this permission, full details of the proposed landscaping scheme shown on the approved site plan, which shall include details of species, planting densities, soil treatment and aftercare, shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority.

8. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

Page 6 9. That, prior to the occupation of the house, two car parking spaces and separate turning area shall be provided within the site to the satisfaction of North Ayrshire Council as Planning Authority.

10. That visibility splays of 2.5m x 35m in both directions 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.

11. That all site boundary fences or walls hereby approved shall be erected prior to the occupation of the dwellinghouse.

12. 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.

13. That any solar panels shall be restricted to the rear (south) facing elevation of the dwellinghouse hereby approved.

3.4 08/00929/PP: Irvine: Girdle Toll: Site to West of 1 Maxwood Place

Mr. and Mrs. A. Burnside, 1 Maxwood Place, Girdle Toll, Irvine, have applied for retrospective planning permission for a proposed change of use from open space to form garden ground, including the erection of a 1.8m high timber boundary fence, on a site to the west of that address. 1 objection has been received, as detailed in the report.

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

4. North Coast and Cumbraes

4.1 08/00685/PP: : 10-12 Scott Street

Robert Annan, 80/3 Spring Gardens, Edinburgh, has applied for planning permission for the formation of a dormer extension to form new bedroom accommodation and office space within a care home at 10-12 Scott Street, Largs.

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

Page 7 1. That, notwithstanding the plans hereby approved, the cladding on the dormers hereby approved shall be similar in design, colour and appearance to the cladding on the existing front dormer to the satisfaction of North Ayrshire Council as Planning Authority.

4.2 08/00941/PP: West Kilbride: 55 Main Street

Mrs. Y. M. Chung, 49 Gargieston Drive, Kilmarnock, has applied for planning permission for a proposed change of use of former craft shop to form a cafe and installation of an extract grille to the rear of 55 Main Street, West Kilbride. 2 objections have been received, as detailed in the report. A representation has also been received from West Kilbride Community Council.

The Planning Services Manager referred to the proposed addition of a further condition, in relation to rendering of the gable wall of the premises.

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

1. That the operating hours of the premises shall be restricted to between the hours of 09.00 and 18.00 in any day unless North Ayrshire Council as Planning Authority gives written consent to any variation.

2. That, prior to the commencement of the development hereby approved, full details and a specification of the ventilation/extractor system shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the system shall be installed in accordance with any scheme as may be approved before the use becomes operational to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development hereby approved, details of any shopfront alterations, including re-painting, joiner work and signage, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any alterations to the shopfront shall be undertaken only in accordance with any scheme as may be approved to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the commencement of the development, details of a scheme to render and paint the exposed stonework on the gable elevation of the application site shall be submitted for the consideration and written approval of North Ayrshire Council as Planning Authority. Thereafter, any details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the commencement of the use.

Page 8 4.3 08/00731/PP & 08/00732/LBC: : Balvonie House

Balvonie Developments, Balvonie House, Skelmorlie, have applied for planning permission and listed building consent for conversion to form 5 apartments and 1 detached dwellinghouse, development of an annexe to form 3 dwellinghouses and development of a stable block to form 1 dwellinghouse at that address. 1 objection has been received, as detailed in the report.

The Committee, having considered the terms of the objection, agreed to grant (a) planning permission 08/00731/PP subject to the following conditions:-

1. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of (i) proposals for the provision of a turning head for the development designed in accordance with the Roads Development Guide, (ii) proposals for the erection of screen fencing along the rear boundary of the mews cottages, (iii) all new external finishes to the buildings, the external finishes to the extensions and the surface finish to the driveway and (iv) the formation of a replacement arch over the vehicle access between Balvonie House and the annex to the east. The approved turning head, screen fencing and arch shall be provided to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of any of the residential units hereby approved.

2. That, notwithstanding the permission granted by Article 3 of and Classes 1,3 and 5 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) () Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any development within the curtilage of the Mews Houses and Balvonie House Cottage. and (b) listed building consent 08/00732/LBC subject to (i) Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and (ii) the following conditions:-

1. That the panelling to be used in the sub-division of the entrance hall shall match the existing panelling, all of the existing panelling in the entrance hall shall be retained in situ, original features including built-in furniture, fireplaces, etc. shall be retained and all repairs shall be carried out using appropriate traditional materials, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 9 2. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of proposals for (i) re-facing the lower part of the north elevation of the Balvonie House Cottage, (ii) the refurbishment of the access ramp, (iii) the proposed replacement arch over the vehicle access between Balvonie House and Balvonie House Cottage and (iv) the finish to the new openings in the coach house and the design and appearance of the new coach house windows which shall match the existing windows in every respect.

4.4 08/00686/PP: Skelmorlie: Meigle: Meigle Cottage

Archie Burleigh, Meigle Cottage, Meigle, Skelmorlie, has applied for planning permission for the erection of extensions to the side and rear of the detached dwellinghouse at that address. 1 objection has been received, as detailed in the report.

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 of the extensions hereby approved, the applicant shall (i) submit full details of the surface finish for the proposed parking spaces and manoeuvring area and (ii) provide the approved parking spaces and manoeuvring area, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the external finishes to the extensions shall match those of the existing dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

4.5 08/00751/PP: West Kilbride: Seamill: 7 Arranview Gardens

Mr. and Mrs. B. Aspinwall, 7 Arranview Gardens, Seamill, West Kilbride, have applied for planning permission for the erection of an extension to the side of the detached dwellinghouse at that address. 4 objections have been received, as detailed in the report.

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

1. That the external finishes to the extension including the basecourse and quoin detailing shall match the external finishes to the existing dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for the replacement of the sun lounge window on the east elevation with a high level window. For the avoidance of doubt, the sun lounge window shown on the proposed east elevation is not approved.

Page 10 5. Breach of Condition Notice: Irvine: Land at Development Site at Slate Mill, Annick View

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Breach of Condition Notice in relation to the non-compliance with condition 2 of planning permission N/02/00716/PP granted on 4 April 2003.

Conditional planning permission was granted in April 2003 for 3 houses to be formed at Slate Mill, Annick View, Irvine. Condition 2 stated that, "prior to the occupation of any dwellinghouse, a 2.5m high close boarded/timber fence with a minimum surface density of 10kg/m2 shall be erected along the site boundaries with the A78(T) and the as far as the west site boundary, to the satisfaction of North Ayrshire Council as Planning Authority." The condition was designed to ensure that internal noise levels met the guidelines set.

The required fencing was not erected prior to some of the houses being occupied. Fencing subsequently put in place did not meet the specification in the planning condition and some has now collapsed. The applicant's agents have been advised on several occasions to comply with the condition but have, to date, failed to do so.

The Committee agreed to approve the service of a Breach of Condition Notice in terms of Section 145(2) of the Town and Country Planning (Scotland) Act 1997 to ensure compliance with Condition 2 of planning permission N/02/00716/PP granted on 4 April 2003.

6. : Land at 44 Brownhill Drive: Notice requiring Proper Maintenance of Land

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Notice for the Proper Maintenance of Land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997, on the owners of the land at 44 Brownhill Drive, Kilbirnie.

On 19 December 2008, complaints were received regarding the condition of the land at 44 Brownhill Drive, Kilbirnie. A visit by the Planning Inspector noted the presence of an unroadworthy van parked in the front garden and a large quantity of disused electrical equipment and other items. The owner/occupier was advised in writing to have the land cleared and maintained in a tidy condition, but has refused to comply.

The Committee agreed to approve the service of a Notice requiring the proper maintenance of land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 to ensure the removal of the unroadworthy van, disused electrical equipment, vehicle parts, lawnmowers and general rubbish at 44 Brownhill Drive, Kilbirnie.

Page 11 7. Beith: Land at 2/6 Mitchell Street: Notice for Proper Maintenance of Land

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Notice for the Proper Maintenance of Land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997, on the owners of the land at 2/6 Mitchell Street, Beith.

On 17 October 2008, complaints were received regarding the condition of the vacant land at 2/6 Mitchell Street, Beith. A visit by the Planning Inspector indicated renovations had been taking place in adjacent flats and that a large part of the material appeared to have come from the renovation works. "Fly tipping" has also taken place on the site. Both the owner of the site and the owner of the adjacent flats have been advised in writing to have the site cleared but, to date, this work has not been carried out.

The Committee agreed to approve the service of a Notice requiring the proper maintenance of land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 to ensure the removal of debris and building materials and general rubbish on land at 2/6 Mitchell Street, Beith.

The Meeting ended at 3.55 p.m.

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