Agenda Item 2 Planning Committee 30 August 2011

IRVINE, 30 August 2011 - 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, William Gibson, Ronnie McNicol, Pat McPhee, John Moffat and Ryan Oldfather.

In Attendance R. Forrest, Planning Services Manager, J. Miller, Chief Development Management Officer, A Craig, Senior Solicitor (Litigation) (Corporate Services); and K Dyson, Communications Officer and P. Shiach, Committee Services Officer (Chief Executive's Service).

Chair Councillor McLardy in the Chair. Apologies for Absence Jim Montgomerie

1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16.

2. Minutes

The Minutes of the previous meeting of the Committee held on 9 August 2011 were signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government () Act 1973.

3. Garnock Valley

11/00474/PP: Near Dalry: Nether Crunchie

W. Shanks, Kerslochmuir Farm, Near Dalry, has applied for retrospective planning permission for the formation of a new domestic access road at Nether Crunchie, Near Dalry.

Page 1 The Committee agreed to grant the application subject to the following condition:-

1. That visibility splays of 2.5m by 90m 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 Council as Planning Authority.

4. North Coast and Cumbraes

11/00492/PP: Isle of Cumbrae: Millport: West Bay Road

Cumbrae Community Development Company Ltd., Garrison House, Millport, Isle of Cumbrae, have applied for planning permission for the erection of new public toilets and changing rooms at West Bay Road, Millport, Isle of Cumbrae.

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

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 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.

5. Breach of Condition Notice: Seamill: 31 Road: Merrick Hotel

Submit report by the Solicitor to the Council on the serving of a Breach of Condition Notice in relation to non-compliance with Conditions 2 and 3 of Planning Permission N/09/00584/PP granted on 29th June 2010.

The Senior Solicitor recommended that consideration of this item be continued pending the outcome of appeals against Noise Abatement Notices which were served by the Council on 29 July 2011 in terms of s.80 of the Environmental Protection Act 1990.

The Committee agreed that consideration of this item be continued.

6. Fairlie: Development Brief for Ladies' Walk

Submitted report by the Solicitor to the Council on (1) the composition and purposes of the proposed Trust; and (2) the proposals for repayment of outstanding loans in respect of and Country Centre, as being satisfactory for the purposes of Policy RES2B.

Page 2 At its meeting on 9 August 2011, the Committee sought a further report on the proposals for repayment of outstanding loans from the Trust Fund and on the composition and purposes of the Trust.

Members were advised that discussions and negotiations were ongoing in relation to the formation of the Trust, to be called the Kelburn Castle Restoration Trust and details of the principal provisions were detailed in the report. The proposed Trustees were David Boyle, Kenneth Welch and David MacRoberts, together with an Elected Member from the North Coast and Cumbraes Ward, and an official of North Ayrshire Council. A copy of the draft Deed of Trust was circulated for information.

The report indicated that agents for the Earl of Glasgow were seeking to include within the Trust, authorisation to approve payment of loans made for the purposes of upgrading, improving, renewing and repairing Kelburn Castle and Country Centre. Payments totalling £133,333.44 from the first tranche payment of £400,000 were made towards the first two of the loans, which were retrospectively approved by the Committee on 29 March 2011 and ratified on 9 August 2011. The loans which were sought to be included were:-

 Balance of loan of £100,000 made available in March 2004 for an internal play area and cafe, the outstanding balance of which was £39,119.65 plus accruing interest;  Balance of loan of £190,000 made available in May 2005 to cover the cost of over runs in the refurbishment projects at the play area and cafe, the outstanding balance of which was £45,676.07 plus accruing interest, and  Balance of loan of £108,000 made available in January 2010 to cover the costs of repairs to the Castle following a fire, the entire balance of which remained outstanding.

The Committee agreed (1) to approve (a) the proposals for Trustees for the Trust and refer the matter of appointment of the Council Representatives on the Trust to the next meeting of North Ayrshire Council, (b) the provisions of the Trust as set out in clauses 2.1.1 to 2.1.6 of the report, (c) that the matter of repayment of outstanding loans in respect of Kelburn Castle and Country Centre in terms of Policy RES 2B be continued to a future meeting of the Planning Committee pending further information in terms of the business plan and profit and loss accounts; and (2) to note that negotiations in relation to the Trust are ongoing and that a further report be submitted to a future meeting of the Committee to approve the final terms of the Trust.

The Meeting ended at 2.40 p.m.

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