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 Ayrshire 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, Lamlash, Isle of Arran, 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 North Ayrshire 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: Blackwaterfoot: 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, Brodick and A.J. Webster, 6 North Charlotte Street, Edinburgh 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, Ayr. 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 Hunterston Terminal CRE Energy & Clydeport Operations, c/o Strategic Transactions, Spean Street, Glasgow, 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 Hunterston Terminal, 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 Ireland 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: Kilbirnie: 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, Kilwinning on behalf of the owners of the dwellings at 9 Bridgend, Kilbirnie, Anderson Strathearn WS Edinburgh on behalf of Thomson of Beith, 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 Town Centres in Kilbirnie, Beith and Dalry and to the possible closure of other retail outlets.