Planning Committee 6 November 2007 IRVINE, 6 November 2007 - At a Meeting of the Planning Committee of North Ayrshire 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: Kilwinning: 4 Dalry Road and left the meeting for that item of business. 2. Isle of Arran 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. Page 1 3. Ardrossan/Saltcoats/Stevenston 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 North Ayrshire 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, Glasgow, 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.