Planning Committee 6 November 2007

IRVINE, 6 November 2007 - 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, John Moffat, David Munn and Robert Rae.

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

Chair Councillor McLardy in the Chair.

1. Declaration of Interest

Councillor Ferguson declared an interest in Agenda item 5.9: 07/00668/PP: : 4 Dalry Road and left the meeting for that item of business.

2.

07/00411/PP: Kildonan: Castle House

Mr. and Mrs. S. Robinson, Castle House, Kildonan, Isle of Arran, have applied for planning permission for the erection of a garden shed at that address.

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

1. That the development would be contrary to the Development Control Statement of the Adopted Isle of Arran Local Plan in that, by reason of its siting, design and external appearance, the shed would detract from the appearance and character of the area and would set an undesirable precedent for other similar developments, which would be detrimental to the amenity of the area.

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3.1 07/00806/PP: Stevenston: Castlehill Farm: Unit 8

Cabin Developments, Castlehill Farm, Stevenston, have applied for planning permission for the erection of a sunroom extension to the front of the dwellinghouse at Unit 8 of that address. An objection has been received from Kilpatrick and Walker, Solicitors, 4 Wellington Square, Ayr on behalf of Mrs. M. Reid, an adjacent landowner.

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

1. That the external finish to the base of the extension shall match the walls of the existing dwellinghouse, to the satisfaction of Council as Planning Authority.

2. That the sunroom hereby approved shall have timber frames, to the satisfaction of North Ayrshire Council as Planning Authority.

3.2 07/00609/PP: Ardrossan: Site to North West of 7 Stanley Avenue

Oakmine Limited, 4th Floor, 176 Bath Street, , have applied for planning permission for the erection of 36 dwellingflats, 16 terraced dwellinghouses and 1 detached house with associated access, car parking and landscaping on a site to the north west of 7 Stanley Avenue, Ardrossan. Objections have been received from F. and Mrs. J. Wilson, no. 6 and S. Reid, no. 7, both Stanley Avenue, and from Mr. and Mrs. N. Lamont, 40 Seafield Court, all Ardrossan.

The Chief Development Control Officer advised that further letters of objection had been received, from Miss M. Coby, no. 26, Gordon Hind, no. 26, Mr Coulter and family, no. 16 and Mr and Mrs P. Clarke, no. 36 (the latter also on behalf of the residents of 2 nearby properties), all Seafield Court, from John and Elizabeth Rhodes, 11 Stanley Drive, all Ardrossan, and from Councillor Anthony Gurney.

The Chief Development Control Officer further advised that reference in the first paragraph of the report to the erection of 32 flats, should be amended to read 36 flats.

The Committee expressed concern at possible disturbance from generator noise and, in the light of the residential nature of the surrounding area, considered that, if approved, condition 8 should be amended to provide that generators did not operate on the site between the hours of 2000 hours on any day and 0800 hours on the following day.

Page 2 Councillor R. Barr, seconded by Councillor McPhee, moved that the Committee refuse the application on the grounds that the proposed development was not in keeping with the character of the surrounding area.

Councillor Munn, seconded by Councillor McLardy, moved that the Committee grant the application subject to the conditions contained within the report.

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

Accordingly, 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 full details of the proposed external finishes and all boundary enclosures, including the provision of a new boundary wall adjacent to 7 Stanley Avenue and a tresspass-proof security fence along the boundary with the railway line together with details of the maintenance responsibility for all boundary enclosures. Thereafter, any such details which may be approved, shall be implemented on site, and thereafter maintained, 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 plans indicating (i) the provision of a 2m wide footway opposite the site access junction to connect to the existing footways on the west side of Stanley Avenue and Seafield Court; (ii) alterations to form a nibbed detail at the junction with Seafield Court and Eglinton Road; (iii) provision of upgraded street lighting at the site access junction; and (iv) increasing the car park aisle widths to 6m and incorporation of a 1m extension beyond the last bays.

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 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 3 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 occupation of any of the dwellinghouses and where Council adoption of open space areas is not to be pursued, there shall be submitted for approval of North Ayrshire Council as Planning Authority, details of the proposed factor or management agency and a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space areas. The landscape management plan shall be carried out 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.

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 which 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 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.

8. That no generators shall operate on the site between the hours of 2000hrs on any day and 0800hrs on the following day.

9. That, prior to the commencement of the development, the applicant shall submit written evidence that the internal noise levels of the dwellinghouses and flats hereby approved shall not exceed 45dB LAeq (daytime) and 35dB LAeq (night time).

Page 4 10. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details of the design of the children’s play area together with details of its ownership and future maintenance responsibilities, and following which, shall be provided within 6 months of the date of occupation of the first unit and thereafter remain on site to the satisfaction of North Ayrshire Council as Planning Authority.

4. Garnock Valley

4.1 07/00818/PP: Dalry: Mill Park: Plot 39

Burnthills Developments Limited, Castlehill, Howwood, have applied for planning permission for the erection of a detached dwellinghouse at Plot 39, Mill Park, Dalry.

The Chief Development Control Officer advised that, in paragraph 3 of the Analysis section of the report, reference to "one-and-a-half storey houses in the development" should be amended to read "one and one-and-a-half storey houses in the development"

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

1. That the proposed development would be detrimental to the amenity and appearance of the area, in that it would constitute over-development of the site.

2. That the proposed development would not comply with criterion (a) of the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the design of the proposed dwellinghouse would be out of character with the surrounding dwellinghouses.

4.2 06/00941/PP: Dalry: Site to East of 1-27 Baidland Avenue

Blair Trust Company Limited, per J. and J. McCosh, Clydesdale Bank Chambers, Dalry, have applied for planning permission for the formation of a new farm access road and the partial closure of the existing farm access road on a site to the east of 1-27 Baidland Avenue, Dalry.

The Chief Development Control Officer advised that reference to the location of the application site as "Blairland Avenue", should be amended to read "Baidland Avenue".

The Committee agreed, Councillor R. Barr dissenting, to refuse the application on the following grounds:-

Page 5 1. That the proposal would be contrary to Policies ENV1 (a) and ENV2 (2) of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as the applicant has failed to demonstrate that the proposal represents necessary agriculture development, and the site is situated on locally important non-prime Grade 3.2 agricultural land.

2. That the proposal would not comply with the criteria listed in sections a), b), c), and g) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the proposal would have an adverse impact on the landscape character, visual appearance and amenity of the area at the entrance to Dalry from Blair Road; and would cause significant irreversible damage to the local environment.

5. Irvine/Kilwinning

5.1 07/01006/PP: Irvine: 60 Clark Drive

Mr. and Mrs. A. Howarth, 60 Clark Drive, Irvine, have applied for planning permission for the formation of a driveway to the front of the dwellingflat at that address. An objection has been received from Eileen Campbell, 58 Clark Drive, Irvine.

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

1. That the first 2 metres of the driveway, 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.

5.2 07/00883/PP: Kilwinning: 24 Muirfield Place

Mr. and Mrs. McLaughlan, 24 Muirfield Place, Kilwinning, have applied for retrospective planning permission for the erection of a 2.3m high boundary fence to the side of the end-terraced dwellinghouse at that address. An objection has been received from Mrs. Climie, 23 Muirfield Place, Kilwinning.

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

5.3 07/00606/PP: Irvine: 2 Road: Gulab Tandoori Indian Restaurant

Jag Jip, The Gulab Restaurant, 2 Stanecastle Road, Irvine, has applied for planning permission for a proposed part-change of use to incorporate a private billiard club, including an extension to the rear and side of the building at that address. 12 letters of objection have been received, as detailed in Annex 1 to the report.

Page 6 The Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. That the proposed development would not accord with Criteria (a) and (b) of the Development Control Statement contained within the North Ayrshire Local Plan (Excluding Isle of Arran) due to the proximity of the proposed extension to the residential properties within Castlekeep Gardens, it would represent over development of the site, would be visually intrusive, may significantly add to the disturbance to the surrounding area by attracting increased levels of vehicular and pedestrian activity and would result in the loss of the amenity space for the existing dwellingflat.

2. That the proposed development would be contrary to Policy A1 of the Adopted North Ayrshire Local Plan (Excluding Isle of Arran), in that the nature of the use may result in increased levels of disturbance, including noise and vehicular and pedestrian activity, which would not be compatible with and sympathetic to the character of the surrounding residential area.

5.4 07/00768/OPP: Kilwinning: Site to North West of Whitehirst Park Farm

G.S. McCutcheon, Whitehirst Park Farm, Kilwinning, has 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.

The Committee agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit occupation of the dwellinghouse to a person employed in agriculture at Whitehirst Park Farm or a dependent of such a person; and (b) 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 vehicular access to the site shall be located midway along the north frontage of the site with the public road.

3. That visibility splays of 2.5 metres by 35 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.

4. That car parking and turning provision within the site shall be in accordance with North Ayrshire Council's Roads Development Guide.

Page 7 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 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.

6. That the proposed dwellinghouse shall be provided with an adequate and wholesome water supply, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

7. 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.

8. That effluent disposal arrangements shall comply with The Scottish Building Standards: Technical Handbook: Domestic issued in May 2005 and with the Water Environment (Controlled Activities) () Regulations 2005, subject to satisfactory percolation testing and with surface water excluded from the septic tank, all to the satisfaction of North Ayrshire Council as Planning Authority.

5.5 07/00693/LBC: Irvine: 9 Bank Street

William Frew, 9 Bank Street, Irvine, has applied for retrospective listed building consent for the rendering to the front of the shop at that address.

The Committee expressed the view that, in addition to the enforcement action proposed in the report, appropriate action also be taken to enforce any breach of listed building consent in relation to lighting and the internal door installed in close doorway.

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

1. That the development is contrary to Policies BE 1 and BE 5 of the North Ayrshire Local Plan (Excluding Isle of Arran) as the pebble dash render is detrimental to the character and setting of the Irvine Town Centre Conservation Area and detracts from the character and appearance of the Category C (s) Listed Building.

Page 8 (b) to authorise Enforcement action to secure the removal of the unauthorised render and roller shutters; and (c) to authorise action to enforce any breach of listed building consent in relation to lighting and the internal door installed in the close doorway.

5.6 07/00008/PP: Kilwinning: Site to South East of Whitehirst Park Farm

Redrow Homes (Scotland) Limited, Redrow House, 3 Park Central Avenue, Larbert, Falkirk, have applied for planning permission for the erection of 88 dwellinghouses with associated access road on a site to the south east of Whitehirst Park Farm, Kilwinning. 19 letters of objection (including one containing 8 signatures from residents of Birkdale Close) have been received, as detailed in Annex 1 to the report.

The Committee, having considered the terms of the objections, agreed to refer the application to the Scottish Ministers and to grant planning permission subject to the following conditions, unless the Scottish Ministers issue a direction in response to the referral:-

1. That, prior to the occupation of any of the dwellinghouses hereby approved, (a) a splitter traffic island shall be formed by the developer on the local access road at the junction with the Whitehirst Park Road roundabout, (b) the splitter island on Whitehirst Park Road at the roundabout shall be increased in size by the developer to accommodate pedestrian movement, (c) the existing footway on Whitehirst Park Road shall be extended on the west side by the developer to tie into the existing footway, with a traffic island provided approximately 30 metres south west of Gleneagles Avenue and (d) a bus lay-by shall be created on Whitehirst Park Road by the developer in the location of the existing bus stop opposite Gleneagles Avenue, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. That all double width driveways shall be a minimum of 4.8 metres wide and that the driveway in front of the garage of plot 68 shall be 6.5 metres wide to ensure it can be utilised by two vehicles.

3. That the first junction table within the site shall be shortened in order to ensure that the ramp section is before the two adjacent visitor bays.

4. That, prior to the commencement of the development hereby approved, details of a substantial boundary fence between the public footway and the proposed SUDS retention pond 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 9 5. That all three-bedroom houses shall be provided with a minimum of two parking spaces within the curtilage and all four bedroom houses shall be provided with a minimum of three parking spaces within the curtilage, and that this level of parking provision shall be maintained thereafter.

6. 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.

7. 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 which 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.

8. 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 that has been submitted by the applicant and approved by North Ayrshire Council as 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 North Ayrshire Council as Planning Authority.

9. 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.

Page 10 10. That, prior to the commencement of the development hereby approved, details of the play area, including equipment and fencing, and proposals for its maintenance 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 no development shall take place until there has been submitted to, and approved by, North Ayrshire Council as Planning Authority a scheme of landscaping, including full details of the proposed structure planting along the north and north west boundaries, which scheme shall include details of species, planting densities, soil treatment, aftercare and future maintenance and shall include indications of all existing trees and hedgerows on the land and details of any to be retained together with measures for their protection in the course of the development.

12. 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.

13. That, prior to the occupation of any of the dwellinghouses and where Council adoption of open space areas is not to be pursued, there shall be submitted for approval of North Ayrshire Council as Planning Authority details of the proposed factor or management agency and a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space areas. The landscape management plan shall be carried out 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.

14. That, prior to the commencement of the development hereby approved, details of the boundary fences 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 11 5.7 06/01285/PP: Kilwinning: 81 Stevenston Road

Mr. and Mrs. McKinnon, 81 Stevenston Road, Kilwinning, have applied for retrospective planning permission for the formation of a driveway and vehicle turning area and the erection of an arched gateway to the rear of the dwellingflat at that address.

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

1. That the development is contrary to criterion (a) of the Development Control Statement of the of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as it is not in the interests of the proper planning of the area, in that it could be prejudicial to the planned development of the area for residential development.

5.8 07/00610/PP: Irvine: Bank Street: Caledonian Greyhound Track

Alexander Morton Homes (Scotland) Limited, 1 Gibbs Yard, SAC Auchencruive, have applied for planning permission for the erection of 20 semi-detached dwellinghouses, 43 terraced dwellinghouses and 18 flats with associated access road, car parking and pumping station at Caledonian Greyhound Track, Bank Street, Irvine. An objection has been received from Elizabeth Stevens, 12 George Court, Irvine.

The Planning Services Manager advised that reference to the size of the site being "21.4 hectares" should be amended to read "2.14 hectares".

The Committee expressed concern about arrangements for access to the site.

The Committee, having considered the terms of the objection, agreed to continue the application to the next meeting for further consideration of the site access.

5.9 07/00668/PP: Kilwinning: 4 Dalry Road

Bennet's of Kilwinning, 4 Dalry Road, Kilwinning, have applied for planning permission for the erection of a vehicle storage building at that address. A representation has been received from Mr. and Mrs. Richard Barr, 8 Dalry Road, Kilwinning.

The Planning Services Manager intimated that a further letter of representation had been received, from Councillor Ferguson.

Page 12 The Planning Services Manager advised of the proposed addition of two further conditions, one in relation to control of land and the other in respect of the submission of a specification of "light repair work" and provision for fuel storage. The Planning Services Manager further advised that reference in condition 1 to "7.00am and 1.00am on any day" should be amended to read "7.00am on any day and 1.00am on the following day".

The Committee expressed the view that vehicle movements on the site should be limited to between 8.00am and 8.00pm in view of the residential nature of the surrounding area.

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

1. That all vehicle movements from the premises shall be undertaken wholly within the hours of 8.00am and 8.00pm on any day, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That all repairs to vehicle shall be undertaken within the premises only and between the hours of 8.00am and 8.00pm Mondays to Fridays and 8.00am to 1.00pm on Saturdays, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That all buses and funeral cars associated with the use, shall be parked within the building hereby approved, and shall neither be parked within the adjoining car park nor the access road, to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the commencement of the works to form the building hereby approved, the existing inspection pit and ramps shall be removed, 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 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 as Planning Authority.

6. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the proposed external finishes.

Page 13 7. That, nothwithstanding the submitted details, and prior to the commencement of the development hereby approved, the applicant shall demonstrate to the satisfaction of North Ayrshire Council as Planning Authority, control of the land referred to in the applicant's letter dated 26 October 2007, which is required to enable the vehicles to access and agress the site in a forward gear.

8. That, prior to the commencement of the development hereby approved, the applicant shall submit a full specification of "light repair work" and provision for fuel storage, for the approval in writing of North Ayrshire Council as Planning Authority.

6. North Coast and Cumbraes

6.1 07/00517/PP: : 26 Ritchie Street

W.S. Jamieson, 7 Snowdon Terrace, , West Kilbride, has applied for planning permission for a proposed change of use from office to form a dwellinghouse at 26 Ritchie Street, West Kilbride. An objection has been received from Stuart and Sharon McPherson, 23 Ritchie Street, West Kilbride.

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 Policy TC1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that (i) the applicant has failed to demonstrate that all reasonable steps are being taken to let or sell the property for retail purposes; and (ii) it would establish an undesirable precedent for other developments of a similar nature, which would be detrimental to the vitality and viability of the town centre.

6.2 07/00902/PP: West Kilbride: 22 Corsehill Drive

David and Elaine McCann, 22 Corsehill Drive, West Kilbride, have applied for planning permission for alterations to form a family room and the erection of a detached garage to the side of the detached dwellinghouse at that address. Objections have been received from Mr. and Mrs. John McLaughlin and A.J. Stocks, both 20 Corsehill Drive, West Kilbride.

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 details or samples of the proposed external finishes.

Page 14 2. That, the detached garage hereby approved, shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

6.3 07/00836/PP: West Kilbride: 126 Meadowfoot Road

B. McCrindle and Mrs. B. Kerr, 126 Meadowfoot Road, West Kilbride, have applied for planning permission for the conversion and extensions of the outbuildings to form a dwellinghouse at that address. A representation has been received from Mr. and Mrs. Kenneth Tait, 52 Lawfield Avenue, West Kilbride.

The Committee, having considered the terms of the 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 which 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 the roof and side walls of the dormers shall be clad in slate, to match the roof finish of the dwellinghouse to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the occupation of the dwellinghouse hereby approved, the 3 no. parking spaces illustrated on the approved drawings (reference N/07/00836/PP) shall be formed and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

6.4 07/00947/PP: : 6 Shuma Court

Mr. and Mrs. I Sim, 6 Shuma Court, Skelmorlie, have applied for planning permission for the erection of timber decking to the front of the dwellingflat at that address. Objections have been received from Margaret Boyle, no. 1, Thomas Malarkey, no. 3, Peter H. Stewart, no. 7 and Mrs. V. Couch, no. 10, all Shuma Court, Skelmorlie and from Thomson and Co., Property Management Services, 20 Bath Street, , factors for the property.

Page 15 The Committee, having considered the terms of the objections, agreed to grant the application.

6.5 07/00898/PP: Fairlie: Kelburn Estate: Bourtrees Farm

Henry Shields Homes Ltd., Fairlie Quay, Fairlie, have applied for planning permission for the erection of a single-storey extension to the detached dwellinghouse at Bourtrees Farm, Kelburn Estate, Fairlie. An objection has been received from the Earl of Glasgow, and Country Centre, Fairlie.

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 the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as the proposed extension would be out of scale and character with the existing building.

7. Enforcement Notice: Stevenston: 39A Boglemart Street

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to the removal of unauthorised advertisement displays at 39A Boglemart Street, Stevenston.

The Planning Committee, at its meeting on 9 October 2007, approved enforcement action to ensure the removal of unauthorised advertisement displays on the gable end of premises on Boglemart Street, Stevenston. However, an error in the postal address of the premises in question was subsequently identified by the Legal Services Manager, meaning that reference in the previous Committee report to 36 Boglemart Street (the address supplied by the applicant) should have been to 39A Boglemart Street. The discrepancy means that enforcement action requires to be authorised for the correct property.

The Committee agreed to approve the service of an Enforcement Notice in terms of Section 127 of the Town and Country Planning (Scotland) Act 1997 to secure the removal of the unauthorised advertisement displays at 39A Boglemart Street, Stevenston.

8. Breach of Condition Notice: : Market Road: Auction Market

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Breach of Condition Notice in relation to the non-compliance with conditions 2 and 5 of conditional Planning Permission N/06/00057/PP granted on 10 May 2006.

Page 16 Condition 2 stated that "prior to the commencement of the development, details of a scheme of boundary treatment for the Market Road frontage of the site shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, the details as approved shall be implemented prior to the occupation of the building". Condition 5 stated that there "shall be no external storage of waste, scrap and redundant vehicles".

The applicants, John Thomson Construction Limited, were contacted by letter following commencement of the development without the required prior compliance with Condition 2. A visit by Planning Officers later noted that skips, waste material and scrap were being stored on the site, in clear breach of Condition 5.

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 for non-compliance with Conditions 2 and 5 of conditional planning permission N/06/00057/PP granted on 10th May 2006.

9. Scottish Public Services Ombudsman Publications

The Planning Services Manager reported on recent publications from the Scottish Public Services Ombudsman which provide advice to applicants and objectors on the Ombudsman's role in the investigation of planning complaints.

Noted.

The meeting ended at 4.05 p.m.

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