Planning Committee 9 July 2007

IRVINE, 9 July 2007 - At a Special Meeting of the Planning Committee of North Council at 2.00 p.m.

Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, Ian Clarkson, Ronnie McNicol, Pat McPhee, John Moffat, David Munn, Ryan Oldfather and Robert Rae.

In Attendance I.T. Mackay, Assistant Chief Executive and J. Miller, Chief Development Control Officer (Legal and Protective); and A. Wattie and M. Anderson (Chief Executive's).

Chair Elizabeth McLardy in the Chair. Apologies for Absence John Ferguson.

ITEMS DETERMINED UNDER DELEGATED POWERS

1.

1.1 07/00419/OPP: : Knowe Road: Site to North of Mountain View

I. McMillan, Mountain View, Knowe Road, Brodick, Isle of Arran, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the north of that address. An objection has been received from Iain and Isabel McDonald, Ceithir, Knowe Road, Brodick, Isle of Arran.

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

1. That the approval of 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, prior to the occupation of the dwellinghouse hereby approved, a turning area to enable vehicles to enter and exit in a forward gear and parking, all in accordance with the Roads Development Guidelines, shall be provided within the curtilage of the site, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 1 3. That, prior to the occupation of the dwellinghouse hereby approved, a 9m by 2.5m surfaced lay-by shall be provided at the entrance to the site from the public road, to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the occupation of the dwellinghouse hereby approved, the existing roadside ditch shall be piped under the access and the lay-by, to the satisfaction of North Ayrshire Council as Planning Authority.

5. That all drainage arrangements shall be to the satisfaction of North Ayrshire Council as Planning Authority and, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of proposals for the disposal of foul and surface water drainage from the development.

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

1.2 07/00507/LBC: : 17-18 Hamilton Terrace

John Houston, 45 Broompark Drive, . has applied for listed building consent to remove a chimney at the rear and slate over an area of the roof at 17-18 Hamilton Terrace, Lamlash, Isle of Arran.

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

1. That the proposal to remove the chimney is contrary to Policy BE 1 of the Adopted Isle of Arran Local Plan, which presumes against development which would adversely affect the visual amenity or character of a Conservation Area, in this case, Lamlash Conservation Area, including its buildings.

2. That the proposal to remove the chimney is contrary to Policy BE 6, which states that demolition of a listed building shall not accord with the Adopted Isle of Arran Local Plan. It has not been demonstrated that the structural condition of the chimney makes its repair and maintenance not feasible in relation to its importance as a Category A listed building.

3. That the proposal would conflict with the advice of Historic ’s Memorandum of Guidance on Listed Buildings and Conservation Areas (1998). Notwithstanding the permitted removal of rear chimneys at Hamilton Terrace between 1996 and 2001, the further removal of chimneys at this location would have an unacceptable impact on the character and history of Hamilton Terrace, both to the detriment of the building and the wider Lamlash Conservation Area, of which it is a part.

Page 2 1.3 07/00538/OPP: : Tignacachla: Plot 3

Ronnie and Karen Haggerty, Bruach, Blackwaterfoot, Isle of Arran, have applied for outline planning permission for the renewal of outline planning permission N/05/00501/OPP for the erection of a dwellinghouse at Tignacachla, Plot 3, Blackwaterfoot, Isle of Arran.

The 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 and external appearance of, landscaping and means of access to the proposed development, shall be obtained before the development is commenced.

2. That, prior to the commencement of the development hereby approved, full details of the waste water system serving the dwellinghouse hereby approved shall be submitted for the written approval of North Ayrshire Council as Planning Authority in consultation with SEPA. Thereafter, the details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the dwellinghouse.

2. //

2.1 07/00477/PP: Saltcoats: 2 Robertson Crescent

Ms. L. O'Hanlon, 2 Robertson Crescent, Saltcoats, has applied for planning permission for the erection of an extension, incorporating a dormer, to the side of the semi-detached dwellinghouse at that address.

The Committee expressed concern that, in siting the proposed extension forward of the established building line, it would not only have an adverse impact on the amenity of the area, but could have a negative impact on road safety in terms of obstructing the view of drivers exiting Robertson Crescent onto Canal Street. The Chief Development Control Officer undertook to convey this concern to Roads Services.

The Committee 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 of the North Ayrshire Local Plan (Excluding Isle of Arran), in that the siting of the extension, forward of the established building line, at a prominent location, would have a significant adverse impact on the character and amenity of the area.

Page 3 2. That the proposed extension would set an undesirable precedent for similar developments in the area, to the detriment of the character, setting and appearance of the area.

2.2 07/00407:PP: Saltcoats: 37 Dalry Road

Ms. L. Woods, 37 Dalry Road, Saltcoats, has applied for planning permission for the erection of an extension to the front and side and the erection of a 1.8m high wall to the rear of the semi-detached dwellinghouse at that address. An objection has been received from Ms. Jean Mullen, 68 Middlepart Crescent, Saltcoats.

The Chief Development Control Officer advised of the content of a further letter of objection from Ms. Jean Mullen, together with photographs of the application site taken from the objector's property. The photographs were circulated at the meeting and the Chief Development Control Officer responded to the issues raised in the letter of objection.

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

1. That the external finishes to the extension and the wall shall match those of the existing dwellinghouse, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

2. That the window shaded blue on the approved plans shall be of obscure glass. Prior to any works commencing on site, a sample of the obscure glazing shall be submitted to, and agreed in writing with, North Ayrshire Council as Planning Authority. Thereafter, the obscure glazing shall remain in position and not be removed without the prior written consent of North Ayrshire Council.

3. That, prior to the occupation of the dwellinghouse hereby approved, the 2 no. parking spaces illustrated on the approved drawings (reference N/07/00407/PP) shall be formed and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the occupation of the dwellinghouse hereby approved, (i) the access/driveway shall be designed in such a way that no surface water shall issue onto the public road, (ii) the first 2 metres of the driveway shall be hard-surfaced in order to prevent deleterious material from being deposited onto the public road and (iii) a drop kerb footway crossing shall be formed to North Ayrshire Council Roads Guidelines, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 4 3. Garnock Valley

07/00388/TPO: : 11 Redheugh Avenue

Derek Clarkson, 11 Redheugh Avenue, Kilbirnie, has applied for permission to fell 4 sycamore trees within an area covered by Redheugh House Tree Preservation Order located to the south and west of that address.

The Committee agreed (a) to refuse the application for the felling of trees 1, 2 and 3 as indicated in the Location Plan, scale 1:500, on the following grounds:-

1. That the felling of trees 1, 2 and 3 is deemed to be unnecessary, in that these trees are in good condition and the remedial works, as specified by the Countryside Liaison Officer, could be undertaken to resolve the problems caused by overhanging branches and blocked sunlight arising from the height and siting of these trees.

2. That the felling of trees 1, 2 and 3 would be contrary to the objectives of the Redheugh House, Kilbirnie Tree Preservation Order 2004 and the Arboricultural Report: Summary and Management of Residual Woodland for the Redheugh Estate January 2002, both of which seek to retain existing trees in the woodland areas in the interests of the amenity and character of the area; and (b) to grant the application for the felling of tree 4 as indicated in the Location Plan, scale 1:500, subject to the following condition:-

1. That a suitable replacement tree, of an agreed species, shall be planted at an agreed location, no later than 31st March 2008 and if the tree, within a period of five years from planting dies, is removed or become seriously damaged or diseased shall be replaced in the next planting season with one of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

4. North Coast and Cumbraes

4.1 07/00467/PP: Millport: George Street: Millport Evangelical Church

Mr. and Mrs. Robertson, St. Vincent's Lodge, Middlepenny Road, Langbank, have applied for planning permission for a proposed change of use from a church to form a detached dwellinghouse, including external alterations, and partial demolition of the front boundary wall at Millport Evangelical Church, George Street, Millport, Isle of Cumbrae. Objections have been received from Mr. and Mrs. Wallace and Geraldine Smillie, Rutland Cottage, 1 George Street, Millport and Mr. and Mrs. Gerry and Gillian Gallacher, 13 Dalton Avenue, Clydebank.

Page 5 The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That, prior to the occupation of the dwellinghouse hereby approved, (i) the access/driveway shall be designed in such a way that no surface water shall issue onto the public road, (ii) the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material from being deposited onto the public road and (iii) a drop kerb footway crossing shall be formed to North Ayrshire Council Roads Guidelines, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the 2 trees within the site shall not be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

3. That, prior to the occupation of the dwellinghouse hereby approved, the 2 parking spaces illustrated on the approved drawings (reference N/07/00467/PP) shall be formed and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, prior to the commencement of the development, the applicants shall submit details of the proposed rooflight for the written approval of North Ayrshire Council as Planning Authority. For clarification, it should be noted that the rooflight shall be of a conservation style and flush to the roof plane.

5. That, prior to the commencement of the development, the applicant shall submit details of the proposed windows and doors, for the written approval of North Ayrshire Council as Planning Authority. For clarification it should be noted that all windows and doors shall be of timber.

6. That, prior to the commencement of the development, the applicant shall submit details of the surfacing of the parking/turning area, for the written approval of North Ayrshire Council as Planning Authority.

4.2 07/00586/LUE: : 33 Ardrossan Road

James. D. Diack, 22 Pantonville Road, West Kilbride, has applied for a Certificate of Lawfulness for an existing use as a retail unit, showroom/office and 3 workshops at 33 Ardrossan Road, West Kilbride.

In order to justify the issuing of a Certificate of Lawfulness for an existing use, an applicant must demonstrate that the use of the premises has existed for at least 10 years. In this case, the applicant has stated that his family owned and operated a garage business from the premises between 1932 and 1986.

Page 6 Following the winding up for that business, another garage company continued the same use. Thereafter, the premises were split into 5 smaller units and let to a number of businesses. Documentation submitted by the applicant in support of the application demonstrated the stated uses.

The Committee agreed to issue a Certificate of Lawfulness for the use of the premises at 33 Ardrossan Road, West Kilbride as a retail unit, showroom/office and 3 workshops.

4.3 07/00343/PP: : Site to West of 5 Fosterland

A. MacPhail, 34 Douglas Street, , has applied for planning permission for the erection of 2 semi-detached dwellinghouses with associated car parking on a site to the west of 5 Fosterland, Skelmorlie. Objections have been received from R. D'Arcy, 1 Annetyard Road, A. Paige, 3 Fosterland, Mr. and Mrs. Anderson, 5 Fosterland, R. and Mrs. L. MacNiven, 9 Eglinton Terrace and G. and Dr. N. Seenan, Wester Ross, Eglinton Terrace, all Skelmorlie.

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 (i) full details of the proposed external finishes and (ii) proposals for the provision of landscaping/tree planting along the rear boundary of the site.

2. That the landscaping details agreed under Condition No. 1 shall be carried out in the first planting season following the occupation of any of the dwellinghouses; 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.

3. 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 Design Manual for Scotland and Northern Ireland 2000" 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.

Page 7 4. 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 proposals for the erection of temporary protective fencing around the Lime tree within the application site, and which shall remain in place until the completion of the development unless North Ayrshire Council as Planning Authority gives written consent to any variation.

5. That vehicular access to the site shall be via a footway crossing to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority and the driveways shall be formed as per the details on the plans hereby approved unless North Ayrshire Council gives written consent to any variation.

4.4 07/00424/PP: Largs: 35 Kelvin Street

Mrs. Jill McCormick, 35 Kelvin Street, Largs, has applied for retrospective planning permission for the erection of 3 fences and 3 gates to the side of the dwellingflat, the siting of a shed to the rear and the erection of 2 fences to the side of the property at that address. Objections have been received from Mrs. Margaret Ayres, 37 Kelvin Street, Largs and Cook, Stevenson & Co., 56 Werst Blackhall Street, Greenock ,on behalf of Mrs. Ayres.

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

4.5 07/00589/PP: West Kilbride: 21 Bellard Walk

Mr. and Mrs. Brian Duffy, 21 Bellard Walk, West Kilbride, have applied for planning permission for the erection of a sunroom to the front of the semi-detached dwellinghouse at that address. An objection has been received from West Kilbride Community Council, per J. Lamb, 97 Ardrossan Road, , West Kilbride.

The 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 applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details/samples of the proposed external finishes.

2. That, prior to the commencement of the development hereby approved, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority, details of proposals for the erection of screening along the west boundary of the application site to cover the extent of the sunroom hereby approved, which approved screening proposals shall be implemented prior to the commencement of the use of the sunroom and maintained thereafter, unless otherwise agreed in writing with North Ayrshire Council as Planning Authority.

Page 8 5. Enforcement Notices: Dalry: Site to West of 70 New Street

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of Enforcement Notices in relation to (a) the proper maintenance of land to the west of 70 New Street, Dalry and (b) the removal of the waste material/debris from the site at that location.

In February 2007, complaints were received regarding the condition of the land to the west of 70 New Street, Dalry. The then owner was advised by letter in March 2007 to have the land cleared and properly maintained, but failed to comply and intimated that the site had been been sold to David McMullen, 5A Gowanbrae, Bathgate. The new owner was advised to have the land cleared and properly maintained, but has also failed to comply.

The Committee agreed to approve the service of Enforcement Notices in terms of Section 127 of the Town and Country Planning (Scotland) Act 1997, on David McMullen or any other person with an interest in the land, requiring (a) the proper maintenance of the land to the west of 70 New Street, Dalry and (b) the removal of the waste material/debris from the site.

The Meeting ended at 3.10 p.m.

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