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;

(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 the erection of an electricity sub-station on a site to the east of St. John's Church, Kilwinning Road, Stevenston. Objections have been received from John McPherson and Josephine McPherson, both of 4 Lochlie Place, Stevenston.

Page 4 The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That, within two months of the date of this approval, the developer shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the surface water drainage system for the development, including full design calculations as part of a finalised Flood Risk Assessment and Drainage Assessment, all of which shall take into account the additional seven houses within the development.

2. That the existing footpath linking Kilwinning Road to Morrison Avenue shall remain open to pedestrians until the completion of the phase of the development which includes plots 24 - 34 inclusive together with the associated length of footway required to facilitate safe pedestrian movement between Kilwinning Road and Morrison Avenue. Safe pedestrian access shall be maintained at all times.

3. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the external finishes to the additional dwellinghouses hereby approved, the surface finish to the driveways and roadways, all boundary and plot division fences and all feature walls.

4. That, within two months of the date of this approval, 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, shall be submitted for the written approval 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.

6. That, within two months of the development hereby approved, the developer shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the design of the play area including details of the proposed play equipment, perimeter fencing to prevent dog access, provision of a landscaping buffer between the play area and adjacent housing and details of the programming of the installation of the play facility in the context of the overall development.

Page 5 7. 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, including the play area. 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.

8. That, prior to the occupation of any dwellinghouse on plots 24 to 34 inclusive, the existing footpath surface and any associated underground services shall be removed and the ground topsoiled for the purpose of rear garden ground. In the event of any tile field drains which appear to run from the cemetery into the development site being discovered or cut as a result of excavation works in this area, these shall be connected into a drain running along the eastern site boundary which shall then discharge into the surface water drainage system serving the development.

9. That any significant contamination which becomes evident during the development of the site shall be brought to the attention of North Ayrshire Council as Planning Authority together with a scheme of remediation prior to any further work taking place.

10. That, with respect to the internal access road and driveways, the following design requirements shall be met:

(a) a minimum of 12 visitor parking bays will be required for the revised layout (due to the increase in the total number of houses);

(b) driveway locations shall be kept clear of speed tables/ramps on the road;

(d) all four bedroom houses shall have double driveways, and must retain a minimum of three parking spaces within their respective curtilages (garages constitute one parking space);

(e) at least the first 2 metres of each driveway as measured from the heel of the kerb (or road carriageway in the case of shared surfaces) shall be hard surfaced; and

(f) driveway surface water shall be trapped and drained within the curtilage of each property.

Page 6 The above details shall be submitted for the written approval of North Ayrshire Council as Planning Authority within 2 months of the date of this approval and, thereafter, implemented in accordance with the approved details to the satisfaction of North Ayrshire Council as Planning Authority prior to the completion or occupation of the development, whichever is the sooner.

11. That, prior to the occupation of the dwellinghouse on plot 17, a wayleave of 3.5 metres in width and surfaced in grasscrete or equal shall be formed to provide access to the culverted watercourse to the north of the site. Notwithstanding the plans hereby approved, access to the watercourse shall be provided with a lockable gate. The title deeds for plot 17 shall clearly define the wayleave and shall grant a right of access as and when required to the Council or its appointed contractors for the purposes of watercourse maintenance.

5. Garnock Valley Area

5.1 06/00907/PP: Beith: 65 Lomond Crescent

Mr. and Mrs. Sheikh, 65 Lomond Crescent, Beith, have applied for planning permission for the erection of an upper floor extension incorporating dormers to the front and rear of the detached dwellinghouse at that address. An objection has been received from Mrs. Mastrangioli, 63 Lomond Crescent, Beith.

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 hereby approved, details of the external finishes shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

2. That a minimum parking provision of three parking spaces shall be provided within the curtilage of the dwellinghouse prior to the occupation of the house as extended and shall be maintained thereafter, all to the satisfaction of North Ayrshire Council as Planning Authority.

5.2 06/00818/PP: Dalry: 20 New Street

Mr. Aksu, 20-22 New Street, Dalry, has applied for planning permission for the proposed change of use from a shop to form a hot food takeaway at 20 New Street, Dalry.

The Planning Services Manager advised of the receipt of a letter from the applicant's agent providing some further limited information in respect of the application.

Page 7 The Committee agreed to refuse the application on the following ground:-

1. That the proposed use would be contrary to Policy TC1 and the Development Control Statement of the Adopted North Ayrshire Local Plan (Excluding Isle of Arran), in that the applicant has failed to provide information to demonstrate that the property is no longer viable as a shop and that the property could be adequately ventilated to prevent adverse cooking odours affecting adjacent residential properties. Details of the design of the proposed flue are required to assess the impact of the appearance of the flue on the character and setting of the proposed Conservation Area.

5.3 06/00937/PP: Dalry: 1 James Street

J. Usher, 19 Wilson Wynd, Dalry, has applied for planning permission for the erection of 2 semi- detached dwellinghouses with associated parking and access road at 1 James Street, Dalry. Objections have been received from Mrs. Phyllis Jones, no. 3a and Hywel G. Jones, no. 5, both James Street, Dalry.

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

1. That vehicular access to the site shall be provided with a drop kerb footway crossing to be formed as detailed in Sections 5.2 and 10.8 (and fig 10.16) of the Council's Roads Development Guidelines.

2. That the first 2 metres of the access, measured from the heel of the footway, shall be hard surfaced in order to prevent deleterious material being carried onto the carriageway and designed in such a way that no surface water shall issue from the access onto the carriageway.

3. That parking bays/driveways shall be a minimum length of 6 metres from the heel of the footway, to the satisfaction of North Ayrshire Council as Planning Authority.

4. That a visibility splay extending 4.5 metres into the centre of James Street through to the corner of the adjacent Gospel Hall, as shown on the approved block plan, 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 metres above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.

Page 8 6. That, prior to the commencement of the development hereby approved, details of all boundary treatments shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

7. 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 which 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. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

8. 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.

9. 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.

5.4 06/00801/PP: Beith: Gateside Road: Hill of Beith Farm

Mr. Thompson, 76 Strabane Road, Newton Stewart, Co Tyrone, N Ireland, has applied for planning permission for alterations, extensions and conversion of the farm building to form 7 dwellinghouses at Hill of Beith Farm, Gateside Road, Beith. A representation has been received from Beith and District Community Council, per Julie Crook, 3 Lochlands Grove, Beith.

Page 9 The Committee, having considered the terms of the representation, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policy ENV 1A in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the scale of the development requires substantive alterations to the existing buildings that would be out of character with their current character and appearance. In addition, the continued operation of the agricultural activities adjacent to the application site may be detrimental to the residential amenity of the proposed dwellinghouses.

6. Irvine/Kilwinning Area

6.1 06/00987/PP: Irvine: Girdle Toll: 10 Smithstone Court

Mr. and Mrs. Reid, 10 Smithstone Court, Girdle Toll, Irvine, have applied for planning permission for the erection of a conservatory to the rear of the semi-detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. Ross, 9 Smithstone Court, Irvine.

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

6.2 06/00238/PP: Irvine: Girdle Toll: 10 Smithstone Court

Marcus Reid, 10 Smithstone Court, Girdle Toll, Irvine, has applied for planning permission for the erection of a boundary wall to the rear and front of the semi-detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. Ross, 9 Smithstone Court, Irvine.

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

6.3 06/00898/PP: Irvine: 22 Hepburn Way

Mr. and Mrs. Preston, 22 Hepburn Way, Irvine, have applied for retrospective planning permission for the erection of a children's log cabin incorporating decking, to the rear of the detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. E. Boyce, 24 Hepburn Way, Irvine.

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

Page 10 6.4 06/00685/PP: Kilwinning: 4 Oxenward Road

Mr. and Mrs. Roger To, 3 Knockrivoch Gardens, Ardrossan, have applied for planning permission for the erection of a one-and-a-half-storey development comprising a restaurant/hot food takeaway on the ground floor and one flat above at 4 Oxenward Road, Kilwinning. Objections have been received from Chan Shuk Yee, no. 188, Ruth Anderson & Co., no. 188, Dino and Sons, no. 126A (also the landlord of 188 Main Street), all Main Street, D. Biondi no. 2, The Oxenward Surgery, no. 3, both Oxenward Road, Margaret Bradford, c/o Victoria Bar, 2-4 Howgate, all Kilwinning and D. Bryce, Estates Section, Somerfield Stores Ltd., Whitechurch Lane, Bristol.

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

1. That the proposed development would be contrary to Policy TC1 (3) in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the proposal would generate additional noise and disturbance to the detriment of the existing residential properties in the area; and offer an unacceptable level of amenity for the proposed flatted dwellinghouse, located above the restaurant, due to noise, cooking odours, general nuisance and raised carbon monoxide levels, generated by the proposed restaurant and takeaway.

2. That the proposed development would not comply with the criteria listed in (a), (b) and (d) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the development would be out of character with the surrounding built form, would have insufficient parking and would give rise to traffic circulation problems and conflict with pedestrian movements.

7. North Coast and Cumbraes Area

7.1 06/00967/OPP: Ardrossan: Site to North of Glenfoot Lodge

Miss Maria Hanlon, 21 Bourock Square, Barrhead, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the north of Glenfoot Lodge, Ardrossan. Objections have been received from Shaun R. Gaston, Glenelg, Glenhead Road, Ardrossan and from West Kilbride Community Council, per John Lamb, 97 Ardrossan Road, Seamill.

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

Page 11 1. That the proposed development would be contrary to Policy ENV 1 and the Development Control Statement of the North Ayrshire Local Plan (Excluding Isle of Arran), in that it would represent residential development within the countryside for which no specific need has been demonstrated and could, if approved, establish an undesirable precedent for other similar developments, to the detriment of the character and appearance of the countryside.

2. That the proposed development would be detrimental to the trunk road interests and could create a precedent for development which could lead to a proliferation of individual accesses on this section of trunk road where visibility is restricted, which would have a significant impact on the safety and free flow of traffic on the trunk road.

7.2 06/00938/PP: Largs: 38 Noddleburn Place

H. Burns, 38 Noddleburn Place, Largs, has applied for planning permission for the erection of a 2-storey extension and conservatory to the side and the erection of a porch to the front of the detached dwellinghouse at that address. Objections have been received from Mr. and Mrs. John Robinson, per Mactaggart & Co., 72-74 Main Street, John Robinson, no. 20, Miss Muriel Cadona, no. 40 and P. Devlin no. 18, all Noddleburn Place, Largs.

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

1. That, prior to the occupation of the two-storey side extension, two additional parking spaces shall be formed within the curtilage of the site and retained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the dwellinghouse requires a total of 3 off-street parking spaces.

7.3 06/00707/PP: Millport: 29 Marine Parade

Mr. and Mrs. G. Hamilton, 29 Marine Parade, Millport, Isle of Cumbrae, have applied for planning permission for the erection of an extension to the garage and the erection of a porch to the rear of the dwellinghouse at that address. An objection has been received from Mrs. M. Patrick, 27/28 Marine Parade, Millport, Isle of Cumbrae.

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

1. That the external finishes to the porch and garage extension shall match those of the existing dwellinghouse and garage, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 12 2. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse. For the avoidance of doubt, no commercial or business activity shall be undertaken from the garage hereby approved.

7.4 06/00436/OPP: Seamill: Site to East of 89 Ardrossan Road

Mr. and Mrs. J. McCann, 89 Ardrossan Road, Seamill, West Kilbride, have applied for outline planning permission for the erection of a dwellinghouse on a site to the east of that address. Objections have been received from M.I. Cowden, no. 71B, Ms. G. Smart, no. 81, J.R. Middleditch, no. 90, Mrs. D. Roos, no. 91, Ms. E. Callaghan, no. 92, A.G. Bayliss, no. 95, J.G. Lamb, no. 97, Dr. M.H.R. Donald, no. 103 and West Kilbride Community Council, per John Lamb, no. 97, all Ardrossan Road, Seamill, West Kilbride.

A site familiarisation visit was undertaken by the Planning Committee in respect of this application.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed development would constitute backland/tandem development to the detriment of the residential amenity of both the donor and proposed dwellinghouses, which would not accord with criterion (a) siting, design and external appearance, of the Development Control Statement of the adopted North Ayrshire Local Plan (excluding Isle of Arran); and would set a precedent for other similar development to the north of the site to the detriment of the amenity and setting of the area.

7.5 06/1008/PP: Fairlie: Kelburn Estate: Site at Greenhill

RES UK Limited, James Blyth House, 7000 Academy Park, Gower Street, Glasgow, have applied for planning permission for the erection of a 50m freestanding meteorological mast (renewal of planning permission 04/00815/PP) on a site at Greenhill, Kelburn Estate, Fairlie.

The Chief Development Control Officer advised that a total of 152 copies of a standard letter of objection have been received to date, together with individual objections from Kilbirnie and Glengarnock Community Council, per Mrs. M. McConnell, Secretary, Jan-Mora, 29 School Wynd, Ladymoor Wind Factory Action Group, per N. Willis, Chairman, Dr. A.R. Knox, Glengarnock Lodge, Milton Road, and Dr. E.M. Knox, Kaimhill Farm, Milton Road, all Kilbirnie, and from Mrs. J.C. Willis, Nervelstone, Peter and Angela Irvine, Loanhead Cottage, Boydstone Road and John and Ann Douglas, North Kaim, all Lochwinnoch, and from Beith and District Community Council, per Julie Crook, 3 Lochlands Grove, Beith, Largs Community Council, per Tom Marshall, 106 Greenock Road, Largs, Clyde Muirshiel Regional Park, per CJ Woodward, Regional Park Manager and Mr. and Mrs. A. Coleman, Old Monkcastle, Kilwinning.

Page 13 The Chief Development Control Officer advised of an amendment to the proposed condition to require restoration of both the land and access.

Councillor Barr, seconded by Councillor M. Munn, moved that the Committee grant the application for a period of 1 year.

As an amendment Councillor O'Neill, seconded by Councillor John Reid, recommended that the application be refused.

On a division, there voted for the amendment 5 and for the motion 5 and, on the casting vote of the Chair, the motion was declared carried.

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

1. That the mast hereby permitted shall be removed and the land and access thereto restored to its former condition on or before 13 November 2007.

7.6 06/00573/PP and 06/00574/LBC: Largs: Halkshill House

R.D.K. Construction Limited, 1-3 Sharphill Estate, Saltcoats, have applied for planning permission and listed building consent for the conversion of the dwellinghouse to form 4 flats, the erection of 6 semi-detached townhouses and the erection of 1 block of 6 residential flats with associated access road improvements and car parking at Halkshill House, Largs. Objections have been received from Largs Community Council, per James Inglis, PO Box 15, Largs and from the 32 parties as detailed in the annex to the report, including 2 petitions, 1 containing 122 signatures and the other 40 signatures.

The Chief Development Control Officer advised of the requirement to refer any listed building consent to Historic Scotland.

The Committee, having considered the terms of the objections, agreed (a) to grant planning permission 06/00573/PP subject to (i) the applicants entering into a Section 75 Agreement or other suitable arrangement to provide a financial contribution to the Council for the provision of play facilities in the local area; and (ii) 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 exact details of: (i) all external finishes to the proposed residential units; (ii) all hard surfaces including footpaths, parking areas and roadway; (iii) all fences, retaining walls or other proposed means of enclosure within the site; (iv) sections through the site showing the levels of the new development relative to the existing building; and (v) proposals for the provision of a dedicated parking scheme for the flats and houses.

Page 14 2. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of (i) any replacement windows or doors which shall match the originals in terms of appearance, materials and opening mechanism; (ii) the proposed replacement external doors and new window openings on the courtyard elevation which shall match the design and appearance of the existing windows and doors; (iii) all proposed internal door openings and alterations to walls to ensure that existing fireplaces, ceiling roses, decorative cornicing, skirtings and panelling are unaffected by the alterations; and (iv) a phasing plan for the development to ensure the timeous completion of the works to the listed building.

3. That, prior to the occupation of any of the residential units hereby approved, the section of narrowed carriageway at the entrance to the site shall be adjusted to provide a 4.4 metre wide carriageway with a 2 metre wide footway incorporating the existing 0.9 metre wide adopted slabbed footway, to the satisfaction of North Ayrshire Council as Planning Authority.

4. That a ramped entry feature shall be provided at the start of the shared surface section of road, a 2 metre wide section of footway shall be provided adjacent to the narrowed section of shared surface carriageway and the turning area shall be amended to accord with the detail contained in the Roads Development Guide, all to the satisfaction of North Ayrshire Council as Planning Authority. Details of the location and construction of the 2m wide section of footway shall be submitted for the written approval of North Ayrshire Council as Planning Authority, prior to the commencement of the development.

5. That, prior to the occupation of any of the residential units hereby approved, an additional car parking space shall be provided for the new build section of the development and the car parking bays adjacent to the new road shall be 5.5 metres long to provide manoeuvrability with a 0.5 metre wide maintenance strip adjacent to the carriageway, all to the satisfaction of North Ayrshire Council as Planning Authority.

6. That a 2 metre wide verge/service strip shall be provided where appropriate adjacent to the proposed new carriageway construction, to the satisfaction of North Ayrshire Council as Planning Authority.

7. That, prior to the occupation of any of the residential units hereby approved, the existing vegetation/trees along the north side of Waterside Street within ground under the applicant’s control shall be cut back by at least 2 metres from the edge of the public road, to the satisfaction of North Ayrshire Council as Planning Authority.

8. That, prior to the occupation of any of the residential units hereby approved, the new section of access road from Waterside Street to the development shall be formed and the bridge to Viking Way shall be closed to vehicular traffic, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 15 9. That, prior to the commencement of development hereby approved, a Drainage Assessment shall be prepared in accordance with the SUDS Working Party Guidelines “Drainage Assessment, a Guide for Scotland”. The discharge of stormwater from the development shall comply with the stipulated design criteria, current SUDS Design Guidance (CIRIA Report C521) and any requirements of Scottish Water. The drainage assessment shall address the following: the effects of a 1/200 year storm and run off, plus climate change; the effects of differing storm intensities over and above the 10 year return; the extents of differing flood conditions shown on a site plan to ensure that no water enters buildings or restricts movement of emergency vehicles, including an assessment of flow routing of surface water through the site; a strategy for dealing with any field drainage affected by the works and a maintenance regime for surface water drainage measures. Attenuation of surface water run-off shall be provided if the increased surface water run-off cannot be accommodated by any other methods which may be recommended in the Drainage Assessment. All calculations shall be approved and certified by an appropriately qualified person.

10. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of: (i) the floor levels of the proposed residential units, which shall accord with the recommendations contained in the Flood Risk Assessment submitted by Kaya Consulting Ltd dated 26/10/06 on behalf of the applicants and (ii) a full structural assessment of the training works/retaining walls along the riverbank including a detailed engineering report in relation to any support they will provide to any potentially adoptable road, their suitability as river training works with respect to flood risk to other properties and maintenance/management responsibilities for the training works/retaining walls. Any repair works/alterations deemed appropriate by the report shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of any of the residential units hereby approved.

11. That the 60m strip of land upstream of the bridge, identified in the Flood Risk Assessment Report dated 26/10/06 submitted by Kaya Consulting Ltd on behalf of the applicants, shall remain undeveloped.

12. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of revised proposals for the relocation of the parking bays from the front of the listed building.

13. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details of the siting, design and external appearance of the proposed bin storage and bin setting down areas.

Page 16 14. 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 a programme for the removal of any deed or dangerous trees within the site.

15. 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.

16. That all scrub or tree removal shall take place outwith the main bird breeding season (March-June inclusive) unless with the prior written approval of North Ayrshire Council as Planning Authority.

17. That a bat survey of the woodcutters shed and the cottage shall be carried out prior to the demolition of the buildings, details of which shall be submitted for the written approval of North Ayrshire Council as planning authority. Demolition shall be undertaken in a manner that shall protect any bats that may not have been observed during the survey or which may have moved into the structures before demolition begins.

18. That a winter survey shall be carried of the trees to be felled to permit the construction of the retaining wall to the east of the flats, to assess their potential for hosting roosting bats. If the trees are used by roosting bats no tree works shall be undertaken until an appropriate licence has been obtained from Scottish Natural Heritage for the removal of the trees.

19. That, prior to the commencement of the development, the recommendations contained in the Otter Survey dated August 2006 submitted by JDC Ecology on behalf of the applicants shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority.

20. That, notwithstanding the permission granted by Article 3 of and Classes 1, 2, 3, 5 and 6 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any development within the curtilage of the dwellinghouses.

21. That, notwithstanding the permission granted by Article 3 of and Class 7 of Part 2 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any gates, fences, walls, or other means of enclosure within the dwellinghouses.

Page 17 22. That, prior to the occupation of any of the dwellinghouses or flats 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 in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

23. 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. In addition, prior to the commencement of the development, hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

24. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as planning authority details of proposals for the pruning of the walnut tree to the southwest of the listed building and the regular monitoring of the condition of the tree to ensure that it does not present a danger to the public. and (b) to refer listed building consent application 06/00574/LBC to Historic Scotland, and to grant listed building consent subject to (i) Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and (ii) the following conditions, unless Historic Scotland issue a Direction in response to the referral:-

Page 18 1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of (i) any replacement windows or doors which shall match the originals in terms of appearance, materials and opening mechanism; (ii) the proposed replacement external doors and new window openings on the courtyard elevation which shall match the design and appearance of the existing windows and doors; (iii) all proposed internal door openings and alterations to walls to ensure that existing fireplaces, ceiling roses, decorative cornicing, skirtings and panelling are unaffected by the alterations; and (iv) a phasing plan for the development to ensure the timeous completion of the works to the listed building.

2. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of revised proposals for the relocation of the parking bays from the front of the listed building.

8. Breach of Condition Notice: Skelmorlie: 13 Shore Road

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Breach of Condition Notice in respect of Planning Permission 04/00050/PP granted on 4 May 2004.

The Chief Development Control Officer advised of the receipt of a letter from the applicant and recommended that consideration of this matter be continued to allow further dialogue with the applicant.

The Committee agreed to continue consideration of this matter to a future meeting of the Committee.

9. Breach of Condition Notice: Skelmorlie: Shore Road: Kilmory Gardens

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Breach of Condition Notice in respect of Planning Permission 01/00814/PP granted on 4 March 2002.

Condition 3 includes the requirement that measures be adopted to ensure that no drainage from the site discharges onto the trunk road as advised by the trunk roads authority. Condition 15 states that the diversion of the burn through the site shall be carried out in accordance with the approved plans.

Since January 2005, complaints have been received about the burn diversion works and about surface water problems at Kilmory Gardens. A letter was subsequently sent to the applicants advising that the watercourse diversion should be constructed in accordance with the approved plans. In April 2006, further complaints were received that water was issuing onto the turning head at the south corner of the car park and, on occasion, onto the trunk road.

Page 19 Investigations undertaken by the Planning service and the Council's Flooding Engineer have established that the culvert has not been constructed in accordance with Condition 15. The applicants have been asked to provide a suitable channel for conveying the burn through the site to comply with this condition and to form a drainage channel to comply with Condition 3. To date, the applicants have failed to comply with both conditions.

The Committee agreed that a Breach of Condition Notice be served in terms of Section 145(2)(a) of the Town and Country Planning (Scotland) Act 1997 to ensure compliance with Conditions 3 and 15 of planning permission 01/00814/PP granted on 4 March 2002.

The Meeting ended at 4.20 p.m.

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