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Planning Sub Committee of Corporate Services Committee 8 December 2003

IRVINE, 8 December 2003 - At a Meeting of the Planning Sub Committee of the Corporate Services Committee of North Council at 2.00 p.m

Present David Munn, Tom Barr, John Bell, Jack Carson, Margie Currie, Drew Duncan, Alan Hill, Elizabeth McLardy, Elisabethe Marshall, David O'Neill, Robert Rae and Richard Wilkinson.

In Attendance A. Fraser, Manager, Legal Services, J. Miller, Chief Development Control Officer and M. Lee, Senior Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); A. Wattie (Communications Officer), and S. Bale and J. Bannatyne, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor Munn in the Chair. Apologies for Absence Gordon Clarkson, Ian Richardson and Samuel Taylor. 1. Arran Local Plan Area

1.1 N/01/00913/PP: Shannochie: Site to the West of Hillhead Farm

Ms. L. Pyle, 4 Kilbride Road, , , has applied for planning permission for the reinstatement of and an extension to the existing ruinous stone cottage and byre to form a dwelling with facilities for the disabled on a site to the west of Hillhead Farm, Shannochie, Isle of Arran. An objection has been received from Mr. A.R. McCormack, 8 McKelvie Road, Lamlash, Isle of Arran.

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

1. That prior to any development commencing on site, the applicant shall provide and maintain a visibility splay of 2.5m x 60.0m, to the east, at the junction with the A841, such that there is no obstruction to visibility above a height of 1.05 metres measured above the adjacent carriageway level to the satisfaction of Council as Planning Authority.

2. 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 development.

Page 1 3. Development shall not begin on the house hereby approved, until details of the drainage/sewage disposal scheme for the proposal have been submitted to and approved in writing by the Planning Authority.

4. The house hereby approved shall not come into use until the approved drainage/sewage disposal scheme is operational in accordance with the details approved in writing under Condition 3.

1.2 N/03/00049/OPP: : Colathim

Donald Galbraith, Valleyview, Blackwaterfoot, Isle of Arran, has applied for outline planning permission for the erection of a detached bungalow to replace an existing residential caravan at Colathim, Blackwaterfoot, Isle of Arran. A letter of support has been received from Mr. N. Arthur, Broombrae, Kilpatrick, Isle of Arran.

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

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

2. That prior to any development commencing on site, the applicant shall provide and maintain a visibility splay of 2.5m x 90.0m, in both directions, at the junction with the A841, such that there is no obstruction to visibility above a height of 1.05 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

3. That prior to the occupation of the dwellinghouse hereby approved two (2) parking spaces shall be provided within the curtilage of the site, and a passing place shall be formed between the site and the junction with Route A841.

1.3 N/03/00699/OPP: Kings Cross: Site to the Southeast of Planetree

Ms. A. McNeish, Craigdhu Cottage, Shore Road, Lamlash, Isle of Arran, has applied for outline planning permission for the erection of a four apartment, two storey dwellinghouse on a site to the south-east of Planetree, Kings Cross, Isle of Arran. Objections have been received from Mr. J. Roberts, Arran Civic Trust, 3 Glen Place, and A.J. Webster, 6 North Charlotte Street, on behalf of Rev. and Mrs. J. Webster, Planetree Cottage, Kings Cross, both Isle of Arran. Letters of support have been received from Mr. J. Dawson, Lamlash Ambulance Station, Hospital Road and Mrs. J. MacGregor, Arran War Memorial Hospital, both Lamlash and from Mr. R. Lily, Scottish Ambulance Service, Maryfield House, Maryfield Road, .

The Sub Committee agreed to continue consideration of the application to a future meeting to allow a site familiarisation visit to take place.

Page 2 2. Hearings

2.1 N/03/00076/PP: Fairlie: Clydeport Terminal

CRE Energy & Clydeport Operations, c/o Strategic Transactions, Spean Street, , have applied for the erection of 13 wind turbines (maximum height 111.5m) and associated infrastructure including a wind monitoring mast, underground power cables and a temporary laydown area at Clydeport , Fairlie. Fifty seven objections have been received as listed in an Annex to the report. Letters of support were received from Dr. R. Kennedy, 76 Ballyeaston Road, Ballyclare, Co. Antrim, Northern and Ms. A.N. Donaldson, 128 Lentgreen Lane, Burnham, Bucks, SL1 7AW.

The Chair advised that a request had been received from Fairlie Community Council, as objectors to the application, to address the Sub Committee. The Chair confirmed that he had agreed that a deputation be heard, in terms of Standing Order 17, and that the applicants had also been invited to attend the meeting. Both parties were present at the meeting.

Stephen Graham and John Riddell, on behalf of Fairlie Community Council, addressed the Sub Committee on the terms of their objections. These related to the size and scale of the proposal, its visual intrusion into the area, the likely adverse effects of noise, the social and economic effects on the local area, tv reception and the fact that the proposal is considered to be contrary to both local and national planning policy and guidance for the development of the Hunterston site.

Alan Mortimer, Head of Wind Developments, Scottish Power and Richard Brewster of Clydeport Operations, were then heard in response to the issues raised by the deputation and in support of the application. Mr. Mortimer advised that the Hunterston site had been selected on the basis of good access and suitable wind speed after an extensive search involving 200 sites. Following local consultation the proposed number of turbines had been reduced from 25 to 13, with the turbine closest to Fairlie removed from the proposal. Should the development proceed, local companies would be encouraged to tender for contracts to the value of £4-£5m. Mr. Brewster confirmed that Clydeport fully recognised the importance of the existing deep water terminal, would not do anything to jeopardise its future and fully supported the application.

Following the presentations, Members of the Sub Committee were given the opportunity to ask questions of both parties.

The Planning Services Manager then set out the terms of the report which recommended that the application be refused.

The Sub Committee, having heard the deputation and the applicant's representatives and having considered the terms of the objections, agreed to refuse the application on the following grounds:-

Page 3 1. The proposed development would be contrary to national planning guidance contained in APP2; Policy W1 of the Ayrshire Joint Structure Plan; Policies IND3, IND5 and IND6 of the Adopted North Coast and Cumbraes Local Plan and Policy IND4 in the Finalised North Ayrshire Local Plan (excluding Isle of Arran), in that the proposal does not comprise an industrial development and does not accord with the criteria for the development of the nationally significant Hunterston deep water safeguarded site.

2. The proposed development is contrary to Policies ADS7, E1, E10, E11 and G2 of the Ayrshire Joint Structure Plan and is contrary to the relevant criteria in Policy INF7 of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that the proposed windfarm would have a significant adverse environmental impact on the surrounding area and detract from the adjoining Sensitive Landscape Areas.

2.2 N/03/00371/PP: : Site to the South and West of 48 Bridgend

Tesco Stores Limited, Welwyn Garden City, Herts, have applied for planning permission for the erection of a superstore, car park, service yard and petrol filling station (including the demolition of the existing buildings) on a site to the south and west of 48 Bridgend, Kilbirnie. Objections have been received from Hargest & Wallace on behalf of the Co-operative Group, DTZ Peida Consulting on behalf of Safeway plc, Boyd Crate & Anderson, on behalf of the owners of the dwellings at 9 Bridgend, Kilbirnie, Anderson Strathearn WS Edinburgh on behalf of Thomson of , E. Auld, 4 Muirend Street, Kilbirnie, Mr. and Mrs. Houston, 50 Bridgend, Kilbirnie, Mr. M. M. Marshall, Strathhall, 30 Stoneyholm Road, Kilbirnie and Anthony Hume, East Kirkland, Dalry.

The Chair advised that a request had been received from Messrs. Hargest and Wallace Planning Limited, acting on behalf of the objectors to the application, the Co-operative Group, to address the Sub Committee in support of the objections. The Chair confirmed that he had agreed that a deputation be heard, in terms of Standing Order 17, and that the applicants had also been invited to attend. Both parties were present at the meeting.

Brian Wallace, Hargest and Wallace Planning Limited addressed the Sub Committee on the terms of the objections. These related to the impact of the proposal on the vitality and viability of the existing Centres in Kilbirnie, Beith and Dalry and to the possible closure of other retail outlets. He also expressed the view that the application did not comply with policies in the adopted Garnock Local Plan, the finalised North Ayrshire Local Plan (excluding Isle of Arran), the Joint Ayrshire Structure Plan and National Planning Policy Guidance.

Page 4 Robert Drysdale, a Planning Consultant acting as Agent for Tesco, who was accompanied by Douglas Thornton, a Tesco Development Executive, was then heard in response to the issues raised by Mr. Wallace and in support of the application. Mr. Drysdale advised that the objections highlighted by Mr. Wallace had already been dealt with. Local residents who were consulted generally indicated their support for the project. 200 jobs would also be created as a result of the development. He expressed the view that the application does comply with policies in the adopted Local Plan, the finalised North Ayrshire Local Plan (excluding Isle of Arran), the Joint Ayrshire Structure Plan and National Planning Policy Guidance 8.

Following the presentations Members of the Sub Committee were given the opportunity to ask questions of both parties.

The Senior Development Control Officer then set out the terms of the report which recommended that the application be granted, subject to conditions.

The Sub Committee, having heard the deputation and the applicant's representatives and having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That the ratio of retail floorspace within the superstore shall be a maximum 1600 square metres of convenience (food) and 600 square metres of comparison (non-food), which ratio shall not be substantially changed without the written approval of North Ayrshire Council as Planning Authority, and that prior to the commencement of any works a floor plan shall be submitted to and agreed in writing by North Ayrshire 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 of the proposed external finishes.

3. That prior to the commencement of any works the following details/information shall be submitted for the approval of North Ayrshire Council as Planning Authority.

a) Landscaping within the site including proposals for land in the Council's ownership at Montgomery Court and the means of enclosure to the perimeter of the site.

b) The means of storage of refuse which shall be in covered receptacles.

c) The arrangements for the disposal of foul and surface water, the latter being treated in accordance with the principles of the Sustainable Urban Drainage System Design Manual for and Northern Ireland CIRIA March 2000.

Page 5 d) A Drainage Impact Assessment which should include the measures to reduce the risk of flooding and details of the flow throughput and confirmation that any run-offs will not increase the risk of flooding elsewhere.

e) Any contaminated land within the site and any measures to treat/remove the contamination.

f) The design of the car wash which shall incorporate a door and roof and the side walls shall extend to ground level.

g) Details of the proposed service bay next to no 48 Bridgend and of a dedicated parking area for the residential properties at 7-11 Bridgend.

4. That the use of the superstore shall not commence until the following works have been completed:-

a) all alterations to the existing road network comprising alterations to Bridge Street/School Wynd mini roundabout, the formation of a pedestrian refuge on Bridgend, and the revised junction with Muirhead Street and Bridgend.

b) all car parking provision, including the dedicated parking area for the residential properties at 7-11 Bridgend.

c) The noise barrier/acoustic fence along the west boundary with Montgomery Court and the north side of the service yard.

d) The trolley bays which shall be increased in number at positions to be agreed in writing with North Ayrshire Council as Planning Authority.

e) the service bay serving no 48 Bridgend

5. That the opening hours of the superstore and the petrol filling station shall be restricted to, and all servicing operations shall be carried out, between the hours of 07.00 and 23.00 on any day.

6. That the hours of the car wash shall be restricted to between 08.00 and 22.00 on any day.

7. 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 2.3 N/03/00795/OPP: : Site to the North of 36 Pantonville Road

Stuart Fyfe, 36 Pantonville Road, West Kilbride, has applied for outline planning permission for the erection of a dwellinghouse on a site to the north of that address. Objections have been received from Peter McGlone, 41 Caldwell Road, Derek Burns, 3 Carlung Place and Mrs. S. Douglas and Mr. T. Montgomery, 12 Ardneil Avenue, all West Kilbride.

The application had previously been considered by the Planning Sub Committee on 17 November 2003, when, having heard the applicant speak in support of the application, the Sub Committee agreed to grant the application subject to conditions. As a result of a subsequent representation from the objectors to the application that they had not been given sufficient notice to attend the meeting of the Planning Sub Committee held on 17 November 2003 to speak in support of their objections, the Council on 24 November 2003 agreed to remit the application back to the Planning Sub Committee for further consideration.

The Chair confirmed that he had agreed that a deputation from the objectors be heard, in terms of Standing Order 17, and that the applicant had also been invited to attend. Both parties were present at the meeting.

Peter McGlone, the main spokesman for the objectors, was accompanied by Mrs. S. Douglas, Mr. T. Montgomery and Mr. D. Burns. Mr. McGlone addressed the Sub Committee on the terms of the objections which related primarily to concerns on overshadowing, vehicle access and parking problems, loss of privacy and the adverse impact on neighbouring properties. He considered it to be a backland development and that it does not accord with the finalised North Ayrshire Local Plan (excluding Isle of Arran).

Mr. Fyfe then addressed the Sub Committee in support of the application. He stated that the site was of a reasonable size, suitable for residential development and that a permanent, adequate access has been agreed with neighbours Mr. and Mrs. Brogan. The development comprises a single storey house situated at a reasonable distance from surrounding properties. Some screening would be introduced to minimise overlooking and any other interference to neighbouring properties.

Following the presentations the Sub Committee were given the opportunity to ask questions of both parties.

The Chief Development Control Officer then set out the terms of the report which recommended that the application be refused.

The Sub Committee, having heard the deputation and the applicant and having considered the terms of the objections, agreed to refuse the application on the following grounds:-

Page 7 1. That the proposed development would be contrary to Policy HOU7 of the Adopted North Coast and Cumbraes Local Plan as it does not have an independent access and outlook and would be detrimental to the character and amenity of the surrounding area.

2. The proposal fails to satisfy the criteria contained within the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) as it constitutes backland development, which would result in an unacceptable loss of privacy to neighbouring properties.

3. , and Local Plan Area

3.1 N/02/00665/PP: Ardrossan: 7 Coalhill Place

Mr. J. Kelly, 7 Coalhill Place, Ardrossan, has applied for planning permission for the erection of a pigeon loft, garden hut and a boundary fence at that address. Objections have been received from Mr. A. Leggat, 3 Coalhill Place, Mr. and Mrs. R.E. & J. Hayes, 34 Ardneil Court and the , as Trustees of the Manse at 35 Ardneil Court, all Ardrossan.

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

1. That the applicant shall submit full details of the proposed boundary fence for the written approval of North Ayrshire Council as Planning Authority.

2. That the boundary fence approved under condition 1, above, shall be erected within 2 months of the date of this permission and thereafter be maintained to the satisfaction of North Ayrshire Council as Planning Authority.

3. That within 2 months of the date of this permission the pigeon loft shall be painted in a uniform colour to be agreed in writing with North Ayrshire Council as Planning Authority.

3.2 N/03/00594/PP: Saltcoats: Burns Avenue: Dykesmains: Phases 5 and 7

Persimmon Homes (Scotland) Ltd., Persimmon House, 77 Bothwell Road, Hamilton, have applied for planning permission for the erection of 82 dwellings and associated works within Phases 5 and 7 of the development site at Dykesmains, Burns Avenue, Saltcoats. Objections have been received from Mrs. D. Cahill, No. 69, Lorna Hamilton, No. 88, Mr. T. Docherty, No. 90 and Mr. M.B. Wright, No. 94, all Auchanshangan Drive, Saltcoats. The applicants have recently amended the design of a small part of the application site which has resulted in a re-notification exercise. The neighbours re-notified have been given until 16 December 2003 to submit any further representations.

Page 8 During the course of discussion the suggestion was made that consideration be given to removing the proposed footway connection to Auchanshangan Drive in view of the concerns over loss of privacy expressed by the objectors, provided that there was no physical requirement for it.

The Sub Committee, having considered the terms of the objections, agreed (a) that the Chief Development Control Officer consult with the local member on the proposed removal of the footpath link to Auchanshangan Drive; and (b) subject to no new grounds of objection being received by 16 December 2003, to grant the application subject to the following conditions, with condition 7 to be deleted if considered appropriate:-

1. That prior to the commencement of the development, the applicant shall submit a Drainage Impact Assessment for the written approval of North Ayrshire Council as Planning Authority. Thereafter any drainage measures which may be approved as part of the assessment shall be implemented and maintained to the satisfaction of North Ayrshire Council as planning authority in conjunction with Scottish Water and SEPA where relevant.

2. That any contractors' compound within the application site shall be distanced from any existing dwellinghouses to the satisfaction of North Ayrshire Council's 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 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.

4. 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

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

Page 9 6. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council's Planning Authority (i) a schedule of the proposed external finishes and (ii) full details of the location and type of boundary enclosures throughout the site.

7. That the proposed footpath connection to Auchanshangan Drive shall not open to public passage until the dwellinghouses on Plots 1 to 20 have been occupied.

8. That visibility splays of 4.5 metres by 90 metres shall be provided and maintained at the junctions with Burns Avenue such that there is no obstruction to visibility above a height of 1.05 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council's Planning Authority.

9. That all driveways shall be of a minimum length of 6 metres as measured from the heel of either the footway or service strip.

3.3 N/03/00827/PP: Saltcoats: Site to the North of 4 Montgomerie Road

Mr. K. McIntosh, Keros, 7 Montgomerie Road, Saltcoats, has applied for planning permission for the erection of a detached dwellinghouse and a double garage on a site to the north of 4 Montgomerie Road, Saltcoats. Objections have been received from Ms. Moira McNeish, 6 Montgomerie Crescent and Mr. and Mrs. Henry, 6 Montgomerie Road, both Saltcoats.

The Sub 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 samples of the proposed external finishes.

2. That a 2.0 metres frontage sightline strip should be provided over the full frontage of the site within which no item with a height greater than 1.05 metres should be placed.

3. That a 9.0m x 2.0m lay-by should be formed within the sightline strip. The position of the access should be adjusted accordingly.

4. That the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material from being deposited onto the public road.

5. That the treatment of the boundary enclosure shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works.

6. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

Page 10 4. Garnock Valley Local Plan Area

N/03/00623/PP: Beith: 55 Head Street

Ron Burns, 55 Head Street, Beith, has applied for planning permission for an extension to a private residential nursing home comprising a two storey development containing seven bedrooms with en suite facilities, staff room and storage at that address. Objections have been received from Ms. Linda J. Lewis, No. 36, Mrs. Ann Marie McGill, No. 34 and R. & C.M. Davis, No. 32, all Head Street, Beith.

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

1. That prior to the occupation of the extension hereby approved the access shall be widened and the car parking area formed as shown on approved drawing number 200 rev A.

2. That the existing mature tree indicated in green on the approved drawing number 200 rev A shall be retained and shall not be lopped, topped or felled without the express written approval of North Ayrshire Council as Planning Authority.

3. That before the development hereby approved commences, details of the tree protection measures for the mature tree referred to in condition 2, shall be submitted for the written approval of North Ayrshire Council as Planning Authority, and these measures shall be in accordance with the British Standards Institute BS 5837: 1991 Guide for Trees in Relation to Construction. Thereafter the approved measures shall be in place prior to the commencement of development operations and shall remain in place during the operations to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the surface water arising from the site shall be treated in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" to the satisfaction of North Ayrshire Council as Planning Authority; and (b) to serve a Tree Preservation Order on the mature chestnut tree in the front garden of the property.

5. Irvine/Kilwinning Local Plan Area

5.1 N/03/00635/PP: Irvine: Site to the Rear of 78-102 Montgomery Street

The Owl and the Pussycat Nursery, 9 James Street, Ayr, have applied for planning permission for the erection of a children's nursery on a site to the rear of 78-102 Montgomery Street, Irvine. An objection has been received from W.S. McKay, Flat 5, 88 Montgomery Street, Irvine.

Page 11 The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:-

1. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority revised fenestration designs.

2. That the roofing material shall be grey in colour, and 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 type and colour of roofing material.

3. That the presence of any significant unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of Environmental Health.

5.2 N/03/00773/PP: Irvine: Third Avenue: Heatherhouse Industrial Estate: Unit 68

West Coast Susuki, Unit 68, Third Avenue, Heatherhouse Industrial Estate, Irvine, have applied for planning permission for sub division of the existing industrial unit to form a new vehicle showroom and two industrial units at that address.

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

1. That the vehicle showroom shall be used for the purposes of the sale of motorcycles and associated parts, accessories and clothing and for no other purpose.

2. That the internal display and sales area shall not exceed 410 square metres.

3. That there shall be no external display of motorcycles for sale outwith the premises.

4. That the parking spaces shall not be used for the storage of motorcycles awaiting servicing or collection.

5. That there shall be no external storage of waste materials, plant or equipment.

6. That all servicing and repair of motorcycles shall take place within the building.

Page 12 5.3 N/03/00779/PP: Irvine: Doura: Lochlibo Road: Site to the East of Montgomery Cottage

Frank Fenwick, Mobile Home adjacent to Montgomery Cottage, Lochlibo Road, Doura, Irvine, has applied for planning permission for the erection of a dwellinghouse, extension to stables to form an equine stud and stock rearing business and the temporary siting of a mobile home on a site to the east of that address.

The Sub Committee agreed, subject to the applicant entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to limit occupation of the house to a person solely or mainly employed in the equine stud and stock rearing business located adjacent to the house, or to a widow or widower of such a person and to any dependants, to grant the application subject to the following conditions:-

1. That the stable extension hereby approved shall be constructed prior to the occupation of the dwellinghouse.

2. That within one year of the date of this permission, the mobile home, portacabin, metal container and extraneous lorries shall be removed and the land re-instated to it's former condition.

3. That prior to the occupation of the dwellinghouse: (i) vehicular access to the site at the junction with the A736 shall be modified to form a minor commercial access footway crossing as detailed in sections 5.2 and 10.8 (and fig 10. 18) of the Roads Development Guidelines; (ii) the existing radii shall be kerbed; and (iii) the first ten metres of the access shall be surfaced to prevent deleterious material from being deposited on to the public road, all to the satisfaction of North Ayrshire Council as planning authority.

4. That prior to the commencement of the use of the extended stables, the applicant shall (i) submit a plan showing the provision of 9 parking spaces within the site; and (ii) provide the parking facility, to the satisfaction of North Ayrshire Council as planning authority.

5. That the applicant shall undertake the appropriate measures to ensure that ground conditions are suitable for the proposed development.

6. That the septic tank and soakaway system shall be designed and constructed in accordance with the current code of practice BS6297: 1983, surface water shall be excluded from the septic tank and contaminated surface water from the stables shall be directed to a dedicated soakaway prior to the commencement of the use of the stables.

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.

Page 13 8. That the septic tank shall be located in such a position as will enable it to be emptied by road tanker.

9. 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 or samples of the proposed external finishes.

10. That any significant unsuspected contamination discovered during the development of the site shall be brought to the attention of the Council's Environmental Health Service together with proposals for its disposal.

6. North Coast and Cumbraes Local Plan Area

6.1 N/02/00814/PP: West Kilbride: 89 Main Street

Mrs. J. Chung, c/o A.D.M. Limited, Portland Business Centre, Portland Road, Irvine, has applied for planning permission for the change of use from a shop to a hot food carry out and the installation of a rear extract flue at 89 Main Street, West Kilbride. Objections have been received from Mr. T. Cheung, Mayfair Chinese Restaurant, 91 Main Street, Joyce Collins, 65 Meadowfoot Road, both West Kilbride, and West Kilbride Community Council.

The Sub Committee agreed to continue consideration of the application to a future meeting to allow a site familiarisation visit to take place.

6.2 N/03/00564/PP: West Kilbride: 93 Meadowfoot Road

Mr. and Mrs. Davidson, 93 Meadowfoot Road, West Kilbride, have applied for planning permission for the erection of a detached garage/workshop to the side of the dwellinghouse at that address. An objection has been received from Eddie Higgins, 91 Meadowfoot Road, West Kilbride and West Kilbride Community Council.

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

1. That the garage/workshop hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

6.3 N/02/00782/PP: West Kilbride: Law Brae: Kyle

Mr. and Mrs. Paton, Kyle, Law Brae, West Kilbride, have applied for planning permission for the sub division and extension of an existing dwelling to form two detailed dwellinghouses at that address. Objections have been received from Mrs. H. Watters, Lisheen, The Orchard, Robert R. McKinnon, No. 8, G. Brownlee, Killoch, The Orchard, James Price, Dunjara, The Orchard, all Law Brae, West Kilbride, and West Kilbride Community Council.

Page 14 The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-

1. The proposed development would be contrary to Policy HOU7 of the Adopted North Coast and Cumbraes Local Plan and the relevant criteria specified within the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran). The proposed development would represent an overdevelopment of the site which would be detrimental to the character and amenity of the surrounding area.

2. The design, scale and layout of the proposed dwellinghouses would detrimentally affect the setting of , which is a Grade A Listed Building.

6.4 N/03/00681/PP: Millport: Golf Road: Site to the East of Existing House at Penmachrie Farm

Mr. and Mrs. T.D.I. Stevenson, 62 George Street, Millport, Isle of Cumbrae, have applied for planning permission for the erection of a dwellinghouse and garage and the temporary siting of a static caravan on a site to the east of the existing house at Penmachrie Farm, Golf Road, Millport, Isle of Cumbrae. A letter of support has been received from Dr. R. Ormond, the Marine Biological Station, Millport.

The Chief Development Control Officer recommended that the application be refused on the following grounds:-

1. The development is contrary to the requirements of Policies HOU11, ENV3 and ENV2 in the Adopted North Coast and Cumbraes Local Plan, as the applicants have failed to demonstrate that the proposal is necessary development associated with agricultural or forestry operations, or that it is essential housing for workers engaged in agriculture, forestry or recreational activities, approved in terms of Policy TOU6, where there is an identified occupational need for the worker to live on site.

2. The proposal will result in unjustified development in the countryside with no operational or locational need to support the proposal, and is therefore considered to be contrary to the requirements of Policies ENV1 and ENV5 in the Finalised North Ayrshire (excluding Isle of Arran) Local Plan.

3. The proposal fails to provide the necessary visibility splays to achieve a safe access with the public road and as such would be detrimental to traffic safety in the area.

Page 15 The Local Member expressed his support for the proposed development. He considered that the development of the brownfield site of the application, which is in a dilapidated condition, would improve the area. He emphasised that the site was on the very edge of the replacement Local Plan's boundary for Millport. He disagreed with the need to provide visibility splays at the junction of the access road and the public road, as the access road was previously used by heavy vehicles with no reported accidents.

The Committee 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 of the proposed external finishes and the boundary enclosures.

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 of the drainage arrangements for the proposed development.

3. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

6.5 N/03/00606/PP: Millport: Golf Road: Penmachrie

Mr. and Mrs. J. Young, Penmachrie, 21 Golf Road, Millport, Isle of Cumbrae, have applied for planning permission for the conversion of the redundant farm buildings into holiday flats and additional accommodation for the main house at that address. An objection has been received from R.J. Stewart, Mid Kirkton, Millport, Isle of Cumbrae.

The Chief Development Control Officer recommended that the application be refused on the following grounds:-

1. The proposal fails to provide the necessary visibility splays to achieve a safe access with the public road in line with the requirements of Policy TOU6(d) of the Adopted North Coast and Cumbraes Local Plan, and Policy ENV1A(e) of the finalised North Ayrshire Local Plan and as such would be detrimental to traffic safety in the area.

The Local Member expressed his support for the application. He considered there was a need for additional provision of holiday accommodation in Millport. He reiterated his view that he did not consider the introduction of visibility splays necessary as recommended by Roads Services given the favourable accident record at the junction of the access road and the public road.

Page 16 Councillor Munn, seconded by Councillor Barr, moved that the application be refused on the grounds detailed in the report.

As an amendment, Councillor Hill, seconded by Councillor Rae, moved that the application be approved subject to appropriate conditions.

On a division there voted for the amendment 4 and for the motion 3 and the amendment was declared carried.

Accordingly, the Sub Committee agreed to grant the application subject to the following conditions:-

1. That the holiday flats hereby approved shall not be occupied for more than 3 consecutive months nor for more than six months in total in any calendar year by the same persons.

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 of the proposed external finishes and the boundary enclosures.

6.6 N/03/00723/PP: : 19 North Middleton Drive

Mr. and Mrs. Smeets, 19 North Middleton Drive, Largs, have applied for planning permission for a single storey rear extension to the dwellinghouse to form an enlarged kitchen and sitting room at that address. Objections have been received from Mr. M. Robertson, No. 17 and Mr. and Mrs. R. Coulthard, No. 21, both North Middleton Drive, Largs.

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

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 facing brick.

6.7 N/03/00978/PP: Largs: Irvine Road: Largs Yacht Haven

Carolyn Elder, Largs Yacht Haven, Irvine Road, Largs, has applied for planning permission for the landscaping of the courtyard at that address. An objection has been received from Ms. A. Templeman, Bosun's Table, Largs Yacht Haven, Largs. Largs Community Council have recently indicated they have no objections.

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

Page 17 7. Naming of New Sheltered Housing Development by Bield Housing Association Ltd. at Wheatley Road, Saltcoats

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of new sheltered housing development at Wheatley Road, Saltcoats.

The Sub Committee agreed to name the development "Wheatley Gardens".

8. Naming of New Housing Development by McCartney Homes Ltd. and D. and A. Contracts at Main Street,

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of new housing development at Main Street, Dreghorn.

The Sub Committee agreed to name the development "Muirhall Place".

9. Naming of Three Streets and Area Names and Reserve Names within the New Housing Development by North Ayrshire Council at Montgomerie Park, Irvine

Submitted report by the Assistant Chief Executive (Development and Promotion) on the current position regarding the provision of three street names and area names and reserve names within the new housing development at Montgomerie Park, Irvine.

The Sub Committee agreed (a) to name the three streets "Montgomerie Park Drive", "Turnpike Way" and "Squires Way"; and (b) that the area names Earlswood, Ladyacre, Trindle Moss, Elm Tree, Coppice, Birchwood, Dovecot, Belvedere, Heralds, Knights, Pennant, Earl's Bridge, Archers, Pageant, Pavilion and reserve names Regalia, Trophy and Rosewood be used for marketing purposes and subsequently as part of future street names.

The Meeting ended at 5.00 p.m.

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