Planning Committee 13 November 2006 IRVINE, 13 November 2006 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present David Munn, Tom Barr, John Moffat, Margaret Munn, Alan Munro, David O'Neill, Robert Rae, Donald Reid, John Reid and Ian Richardson. In Attendance A. Fraser, Manager Legal Services, J. Miller, Chief Development Control Officer and H. McGhee, Senior Environmental Health Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); A. Wattie, Communications Officer and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's). Chair Councillor D. Munn in the Chair. Apologies for Absence Ian Clarkson, Margie Currie, Elizabeth McLardy and Elizabeth Marshall. 1. Minutes The Minutes of the Meetings of the Committee held on (i) 25 September 2006; and (ii) 23 October 2006, copies of which had previously been circulated, were confirmed. ITEMS DETERMINED UNDER DELEGATED POWERS 2. Deputation North Coast and Cumbraes Area 06/00492/PP: Largs: Routenburn Road: Largs Wastewater Treatment Works Scottish Water, 6 Castle Drive, Carnegie Campus, Dunfermline, Fife, have applied for planning permission for the modification of planning approval 04/00398/PP to remove Condition 9 to allow the lamella tanks and biofilter to be uncovered at Largs Water Treatment Works, Routenburn Road, Largs. Objections have been received from D. Pearson, Quarter Farm, per Wilkinson & Co., Chartered Surveyors, Loaf Cottage, Main Street, Inverkip, G. Ritchie, The Hall, Knock Castle Estate, A.P. and Charles A Lyon, both The Bungalow, Bankhead Farm, I.N. Barrand, North Lodge, Knock Castle Estate, P. Edwards, The Coach House, 6 Kelvin Walk, Netherhall and Largs Community Council, per Tom Marshall, 106 Greenock Road and from Mr. and Mrs. G. McDiarmid, No. 9 (per Neill, Clerk & Murray, Solicitors, 60 West Blackhall Street, Greenock), Mrs. M. Brown, Routenburn House, no. 11c and Mrs. S.L. Munton, no. 3a, all Routenburn Road, Largs. Page 1 The Chief Development Control Officer advised that a further letter of objection had been received from Skelmorlie Community Council, per George Langan, 14B Shore Road, Skelmorlie. The Chair advised that a request had been received from David Pearson to address the Committee on behalf of objectors. The Chair confirmed that he had agreed that a deputation be heard in terms of the procedures and guidance for objectors to planning applications and that the applicants had also been invited to attend the meeting. David Pearson of Quarter Farm, Largs, together with Ian Murdoch and Douglas Macfarlane of Largs Community Council, addressed the Committee in support of the objections. Mr. Pearson asserted that cost appeared to be the main factor in Scottish Water's decision to apply for the removal of the condition requiring that the tanks and biofilter be covered. Mr. Pearson expressed concern about the negative impact on amenity which would result from any odour emanating from the open tanks and from seagulls which might be attracted to the site as a result of the tanks being uncovered. Ian Murdoch and Douglas Macfarlane of Largs Community Council referred to the adverse impact of any odours on the amenity of Largs as a tourist area and queried any potential for the uncovered system to overflow or produce gas emissions. Lawrence Tring, Process Technical Manager (South East), accompanied by Russell Morgan, Lead Design Engineer and David Gethin, Project Manager, all Scottish Water Solutions, addressed the Committee in response to the objectors. They indicated that there was no technical requirement for the tanks to be covered as malodours would not be generated from the biofilter or the lamella tanks and that the company had met and exceeded its obligations under the Sewerage Nuisance (Code of Practice) (Scotland) Order 2006. They indicated that covering the biofilter and lamella tanks would present significant health and safety concerns to the plant operators and would result in a negative impact on visual amenity in that a larger structure would be required to cover the biofilter. They concluded that the cost of covering the biofilter and lamella tanks would be prohibitive for no material benefit. The applicants circulated a document summarising Scottish Water's position. The Chief Development Control Officer then outlined the terms of the report which recommended that the application be granted. The Senior Environmental Health Officer provided technical input on Environmental Health's consultation response. Clarification was provided on the circumstances of the condition having been originally imposed as an optimum standard in the absence, at that time, of a Code of Practice. The Committee then asked questions of the objectors, applicants and officers. Page 2 Discussion centred on the need for the highest standards of protection against the possibility of odours from the treatment works and examples were given of other waste water treatment works where odour was prevalent. The view was expressed that the issue of seagulls being attracted to the site had not been satisfactorily dealt with in the responses from Scottish Water, particularly given the proximity of both the sea and nearby housing. It was observed that the Code of Practice states that "the most effective way of controlling odour released during the various process stages is to either fully enclose the plant within a building or to provide localised tank covers". It is further stated that "in general" it is not necessary to contain emissions from amongst tanks, including aerobic tanks. Councillor D. Munn, seconded by Councillor D. Reid, moved that the Committee grant the application. As an amendment, Councillor Barr, seconded by Councillor O'Neill, moved that the Committee refuse the application on the ground that it was likely to adversely affect the amenity of the area. On a division, there voted for the amendment 8 and for the motion 2 and the amendment was declared carried. Accordingly, the Committee, having heard the deputation and the applicants' representatives and having considered the terms of the objections, agreed to refuse the application on the following ground:- 1. That the proposed removal of the Condition would be contrary to the need to retain a high standard of protection against the possibility of odours from the Wastewater Treatment Works. Therefore, the proposal would be contrary to the Precautionary Principle of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding the Isle of Arran). 3. Arran Area 06/00996/PP: Whiting Bay: Site to the East of 13 Montrose Terrace Rutland Property Solutions, 31A Rutland Square, Edinburgh, have applied for planning permission for the erection of a medical centre on a site to the east of 13 Montrose Terrace, Whiting Bay, Isle of Arran. An objection has been received from Isle of Arran Community Council, per Campbell Laing, Woodside Pirnmill, Isle of Arran. Representations have been received from Alison Prince, Burnfoot and Julie Nelson, Tigh-An-Uillt, both Whiting Bay, Isle of Arran. The Committee, having considered the terms of the objection and representations, agreed to grant the application subject to the following conditions:- Page 3 1. That no development shall commence until evidence is exhibited to North Ayrshire Council as Planning Authority that an agreement has been reached by the applicant/developer with Scottish Water for the provision of a drainage and/or water scheme to serve the development. 2. 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 and/or samples of the proposed external finishes. 3. That, prior to the commencement of the development hereby approved, details of boundary treatment, which shall include the provision of a hedgerow along the western boundary of the site, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the details as may be approved shall be implemented prior to the development coming into operation to the satisfaction of North Ayrshire Council as Planning Authority. Any hedge plants which die, are removed or become damaged within 5 years of planting, shall be replaced to the satisfaction of North Ayrshire Council as Planning Authority. 4. That, with respect to site access and parking, the following requirements shall be met to the satisfaction of North Ayrshire Council as Planning Authority: (a) site access shall be provided with a drop kerb footway crossing and formed in accordance with the Council's Roads Development Guide; (b) visibility splays of 2.5 m x 35 m, in both directions, must be provided and maintained at the junction with Montrose Terrace. No item greater than 1.05 metres in height shall be placed within the sightline triangles; (c) surface water shall be trapped within the curtilage of the site; (d) the disabled parking space shall be located on the frontage of the site adjacent to the entrance to the building; and (e) signage shall be erected to the effect that the means of vehicular access to the residential properties shall be kept clear at all times. 4. Ardrossan/Saltcoats/Stevenston Area 06/00979/PP: Stevenston: Kilwinning Road: Site to East of St. John's Church Thirlestane Lands Ltd., 27 Lauriston Street, Edinburgh, have applied for planning permission for an amendment to planning permission 04/00895/PP to increase the number of dwellinghouses from 50 to 57 and to include