Local Review Body

Cunninghame House, Irvine.

8 August 2013

Local Review Body

You are requested to attend a Meeting of the above mentioned Committee of North Ayrshire Council to be held in the Council Chambers, Cunninghame House, Irvine on WEDNESDAY 14 AUGUST 2013 at 2.30 p.m., or at the conclusion of the meeting of the Planning Committee, whichever is the later to consider the undernoted business.

Yours faithfully

Elma Murray

Chief Executive

1. Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda.

2. Minutes The accuracy of the Minutes of the meeting of the Committee held on 5 June 2013 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed).

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3. Notice of Review: 13/00194/PP: Change of use to incorporate hot food takeaway: 26 Main Street, Beith Submit report by the Chief Executive on a Notice of Review by the applicant in respect of the refusal of a planning application by officers under delegated powers (copy enclosed).

4. Notice of Review: 13/00031/PP: Erection of 1.25m boundary walls, 2.25m security wall over road and steel clad canopy to side of building (retrospective): 14 Glengarnock Workshops, Glengarnock, Beith Submit report by the Chief Executive on a Notice of Review by the applicant in respect of conditions attached to a planning permission granted by officers under delegated powers (copy enclosed).

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 2 Local Review Body

Sederunt: Matthew Brown (Chair) John Ferguson (Vice-Chair) Chair: Robert Barr John Bell John Bruce Joe Cullinane Ronnie McNicol Tom Marshall Attending: Jim Montgomerie Robert Steel

Apologies:

Meeting Ended:

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3 4 Agenda Item 2 Local Review Body 5 June 2013

IRVINE, 5 June 2013 - At a Meeting of the Local Review Body of North Ayrshire Council at 4.45 p.m.

Present Matthew Brown, John Ferguson, Robert Barr, John Bruce, Ronnie McNicol, Tom Marshall, Jim Montgomerie and Robert Steel.

In Attendance K. Smith and D. Hammond, Planning Advisers to the Local Review Body (Development and Environment); J. Law, Legal Adviser to the Local Review Body and D. McCaw Committee Services Officer (Chief Executive's Service).

Chair Councillor Brown in the Chair. Apologies for Absence John Bell and Joe Cullinane. 1. Declarations of Interest

There were no declarations of interest by Members in terms of Standing Order 16 and Section 5 of the Code of Conduct for Councillors.

2. Minutes

The accuracy of the Minutes of the meeting held on 24 April 2013 was agreed and the Minutes signed in accordance with paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973.

3. Notice of Review: 12/00685/PP: Erection of detached dwellinghouse: Site to North of Dunard, Corrie, Brodick, Isle of Arran

Submit report by the Chief Executive on a Notice of Review by the applicant in respect of the refusal of a planning application by officers under delegated powers for the erection of a detached dwellinghouse on a site to the north of Dunard, Corrie, Brodick, Isle of Arran. The Notice of Review documentation, further representations received from interested parties, the applicant's response to the additional representations, the Planning Officer's Report of Handling, a location plan and a copy of the Decision Notice, were provided as Appendices 1-6 to the report.

The Planning Adviser to the Local Review Body introduced the matter under review, confirming that the Notice of Review had been submitted timeously by the applicant. Photographs and plans of the proposed development were displayed and the Planning Adviser provided the LRB with a verbal summary of the review documents.

Page 1 5 Councillor Bruce, seconded by Councillor Barr, moved to uphold the officer's decision to refuse planning permission on the grounds specified in the decision notice. There being no amendment, the motion was carried.

Accordingly, the Local Review Body agreed (a) to uphold the decision to refuse planning permission on the following ground:-

1. That, the proposed development would be contrary to Policy BE1 and Criteria (a) and (b) of the Development Control Statement of the adopted Isle of Arran Local Plan, in that the proposed repositioning of the dwellinghouse towards the A841 would significantly emphasise its prominence and discord with the existing pattern of development, thereby detracting from the appearance and character of Corrie Conservation Area and the amenity of the residential area.

and (b) that the Decision Notice be drafted by Officers, agreed by the Chair and, thereafter, signed by the Proper Officer for issue to the applicant.

4. Notice of Review: 12/00593/PP: Erection of one and a half storey detached dwellinghouse: Site to South of Mentone, Whiting Bay, Brodick, Isle of Arran

Submit report by the Chief Executive on a Notice of Review by the applicant in respect of the refusal of a planning application by officers under delegated powers for the erection of a one and a half storey detached dwellinghouse on a site to the south of Mentone, Whiting Bay, Brodick, Isle of Arran. The Notice of Review documentation, the Planning Officer's Report of Handling, a location plan and a copy of the Decision Notice, were provided as Appendices 1-4 to the report.

Councillor Bruce, seconded by Councillor Barr, moved that the application be granted on the basis that it accords with the relevant planning policies. There being no amendment, the motion was carried.

Accordingly, the Local Review Body agreed to (a) uphold the review request; and (b) grant the application subject to the following conditions:-

1. That, the development, hereby approved, shall be commenced within 2 years of the date of this permission, to the satisfaction of North Ayrshire Council as Planning Authority.

Page 2 6 2. 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.

3. That, details of the boundary enclosures and landscaping shall be agreed in writing with North Ayrshire Council as Planning Authority, prior to the commencement of any works. Thereafter, any such details which may be agreed shall be implemented prior to the occupation of the dwellinghouse and thereafter maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

4. That, visibility splays of 2.5 metres by 60 metres, in both directions, shall be provided and maintained at the junction with the public road, 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 North Ayrshire Council as Planning Authority.

5. That, prior to occupation, the dwellinghouse hereby approved, shall be provided with an adequate and wholesome water supply, details of which shall be submitted to and have received the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

6. That, prior to the commencement of the development hereby approved, details of the surface and foul drainage/sewage disposal scheme for the proposed dwellinghouse, as certified by the relevant authority or a suitably qualified person, shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority.

7. That, the dwellinghouse 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 6.

5. Notice of Review: 13/00062/PP: Formation of dormer extension to front of detached dwellinghouse: 27 Prestonfield Avenue, Kilwinning

Submit report by the Chief Executive on a Notice of Review by the applicant in respect of the refusal of a planning application by officers under delegated powers for the formation of a dormer extension to the front of the detached dwellinghouse at 27 Prestonfield Avenue, Kilwinning. The Notice of Review documentation, the Planning Officer's Report of Handling, a location plan and a copy of the Decision Notice, were provided as Appendices 1-4 to the report.

Page 3 7 The Local Review Body agreed (a) to uphold the decision to refuse planning permission on the following ground:-

1. That the proposed development would be contrary to criterion (a) of the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran) and the approved Neighbourhood Design Guidance, in that the proposed dormer extension would be out of scale with the massing of the existing property and represent an overdominant feature to the detriment of the visual amenity of the dwellinghouse and the wider locality. and (b) that the Decision Notice be drafted by Officers, agreed by the Chair and, thereafter, signed by the Proper Officer for issue to the applicant.

The meeting ended at 5.20 p.m.

Page 4 8 NORTH AYRSHIRE COUNCIL

Agenda Item 3 14 August 2013

Local Review Body

Subject: Notice of Review: 13/00194/PP: 26 Main Street, Beith

Purpose: To submit, for the consideration of the Local Review Body, a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers.

Recommendation: That the Local Review Body considers the Notice.

1. Introduction

1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, provides for certain categories of planning application for "local" developments to be determined by appointed officers under delegated powers. Where such an application is refused, granted subject to conditions or not determined within the prescribed period of 2 months, the applicant may submit a Notice of Review to require the Planning Authority to review the case. Notices of Review in relation to refusals must be submitted within 3 months of the date of the Decision Notice.

2. Current Position

2.1 A Notice of Review has been submitted in respect of Planning Application 13/00194/PP for a change of use to incorporate hot food takeaway at 26 Main Street, Beith.

2.2 The application was refused by officers for the reasons detailed in the Decision Notice at Appendix 6.

2.3 The following related documents are set out in the appendices to this report:-

9 Appendix 1 - Notice of Review documentation; Appendix 2 - Representation received from interested party; Appendix 3 - Applicant's response to further representation; Appendix 4 - Report of Handling; Appendix 5 - Location Plan; and Appendix 6 - Decision Notice.

3. Proposals

3.1 The Local Review Body is invited to consider the Notice of Review.

4. Implications

Financial Implications

4.1 None arising from this report.

Human Resource Implications

4.2 None arising from this report.

Legal Implications

4.3 The Notice of Review requires to be considered in terms of the Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013.

Equality Implications

4.4 None arising from this report.

Environmental Implications

4.5 None arising from this report.

Implications for Key Priorities

4.6 None arising from this report.

10 5. Consultations

5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review. The representation received is set out in Appendix 2 to the report. The applicant was given the opportunity to respond to the representation submitted and the response is detailed at Appendix 3 to the report.

6. Conclusion

6.1 The Local Review Body is invited to consider the Notice of Review, including any further procedures which may be required prior to determination.

ELMA MURRAY Chief Executive

Reference : For further information please contact Diane McCaw, Committee Services Officer on 01294 324133 Background Papers Planning Application 13/00194/PP and related documentation is available to view on-line at www.north-ayrshire.gov.uk or by contacting the above officer.

11 12 Appendix 1

13 14 15 16 17 18 19 20 Appendix 2

From: vivien gibson Reply To: To: [email protected] Subject: Planning Application 13/00194/PP Date: 08/07/2013 13:15

My name is Vivien Gibson and live at 28 main street Beith directly above 26 main street Beith .The property was refused a hot food licence due to inadquit ventilation and the fact there is 2 other takaway shops to the left and right of the property .I have had to phone environmental health 8 times due to the smell coming up to my house which is making my children feel sick .I have also spoke to planning to ask why they can be allowed to cook hot food when the were refused I licence ,they told me that they should not be cooking hot food and told the tenant to stop cooking hot food .They did not and continue to cook hot food ie burgers,onions ,chips ,sausages ect ect .I would also like you to know that there ventilation system out my back yard is hanging off the wall which is a worry to me as I have 3 young children playing out there and if it falls off the wall it would kill them ,I have also reported this to planning who took pictures of this and reported it to the owners who have done nothing about it .They also have a burst waste pipe which is pouring dirty water all over my back yard again nothing has been done to fix this .Planning advised me that my building is listed and as their ventilation extractor is hanging over my property I can request this to be taken down which I will be doing before it kills one of my kids .This for me and my family has been 3months of hell phone calls ,visits by council staff all saying the same we are very sorry we have told them to stop cooking there is nothing more we can do .I hope common sense is put in place here and refusal of a hot food licence is upheld as me and my young family cannot take much more of this aggravation

21 22 Appendix 3

23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Appendix 4

REPORT OF HANDLING

Reference No: 13/00194/PP Proposal: Change of use to incorporate hot food takeaway

Location: 26 Main Street, Beith, Ayrshire, KA15 2AA Local Plan Allocation: Town Centre/Commercial Policies: POLICY TC1 Consultations: Yes

Neighbour Notification: Neighbour Notification carried out on 09.04.2013 Neighbour Notification expired on 30.04.2013

Advert: Regulation 20 (1) Advert Published on:- 17.04.2013 Expired on:- 08.05.2013 Schedule 3 Published on:- 17.04.2013 Expired on:- 08.05.2013 Previous Applications: None

Appeal History Of Site:

Description

This application seeks planning permission for the change of use of a Class 1 (Retail) unit to a hot food takeaway. The premises are on the ground floor of 26 Main Street, Beith.

The applicant has advised that they wish to use the property for the takeaway of pizzas, kebabs and fried food. Hot food takeaway would be the primary use of the property. The proposed use would be in operation between 11am and 11pm. The current lawful use of the ground floor of the property permits Class 1 (Retail) only. The upper floor of the property is in residential use.

26 Main Street is located in a section of Main Street between The Cross to the south and King's Road and Mitchell Street to the north. This section of Main Street comprises Nos. 15-61 (odd) and 18-62 (even) Main Street. The property is a Category 'B' listed building and located within the Beith Conservation Area. No internal or external works are proposed as part of this application.

39 The application site is situated within Beith Town Centre, in terms of the adopted Local Plan. Consideration of the application therefore should be undertaken with respect to Policy TC1 (Town Centres) and the Development Control Statement.

Consultations and Representations

The application was subject to statutory neighbour notification procedures and a press advertisement. Five objections have been received. The objections can be summarised as follows;

1. The use and the proposed late night trading will cause disruption to residents, particularly those in flats above. This is through noise, smells and fumes.

Response: Noted. See Environmental Health response and analysis section below.

2. No need for anymore takeaways in the street. Already several takeaways including closed units with takeaway permission. Not enough footfall to sustain another takeaway on this street.

Response: This is not in itself a material planning consideration unless the proposal is considered to result in an over-provision of similar uses concentrated at a particular location. However, this section of Main Street has a frontage of approximately 166metres. Properties with a lawful use as full or partial hot food takeaway comprise approximately 33.5metres of frontage (20%). Granting permission for this application would increase the frontage to approximately 39.5metres (24%) and would lead to three consecutive hot food takeaway uses. A full analysis of the takeaway uses in this section of Main Street is given below.

3. Ventilation equipment will be required and the property is a listed building. Can the applicant provide equipment that will be small and quiet enough?

Response: No ventilation equipment is proposed as part of this application. Environmental Health have been consulted and their requirements are set out below. Any ventilation equipment proposed would require planning permission and listed building consent. If this application were granted, the permission could be conditioned so that the use should not operate unless and until suitable ventilation equipment has been permitted and installed.

Consultations

Roads - no objections. They advise that the proposal is a town centre development and therefore dedicated parking is not required. The applicant to note that waiting restrictions are present on the public road fronting this development and limit on- street car parking at this location.

Response: Noted.

Environmental Health were consulted and offered no objection subject to the following condition being addressed:

13/00194/PP 40 The applicant is required to engage the services of a competent person, for example a suitably qualified ventilation engineer, to consider the proposals and assess their needs for a suitable mechanical ventilation system and implement any recommendations to ensure that cooking odours are minimised outwith the premises. Particular attention is required regarding: o Adequate odour control solutions o Air extraction and intake fans to ensure sufficient fresh air is mechanically supplied to replace displaced air o Adequate number of air changes

Response: Noted. A condition to that effect can be added should planning permission be granted.

Analysis

The application requires to be assessed against Policy TC1 of the adopted Local Plan. Policy TC1 has five criteria and it is considered 1-3 are relevant to this application.

Criterion 1 is supportive of proposals for commercial development within Town Centres, including hot food takeaways. However, criterion 2 states that proposals for changes of use away from Class 1 (Retail) will be required to demonstrate that all reasonable steps have been taken to let or sell the property for retail purposes. It must be evident that no interest has been expressed in the property at a rental level similar to retail properties in the locality. Criterion 3 states that proposals for hot food takeaway should not be located so as to give rise to a concentration of such uses in close proximity where this could adversely affect the vitality and visual amenity of the locality and should not be located in close proximity to existing housing. In particular, such uses should not be located in a ground floor property where there are flats on the upper floors.

With respect to criterion 2, the applicants have not provided any evidence to demonstrate that they have actively marketed the unit for retail use. However, they have provided information that they consider is evidence that the use of the premises, within use Class 1, over the last year has proven to be unviable. The property was last used as a baker's shop (Class1) and information has been provided that the baker's shop was no longer financially able to trade. The baker's shop ceased trading in May 2012 and the applicant bought the property at auction in October 2012. The applicant has attempted to operate the property as a sandwich shop/cold food takeaway with sales of hot drinks, soup and some reheated food, cakes and crisps etc. This use operated from 17th December 2012 to March 2013, when trading ceased as they were operating at a loss.

Whilst information about marketing has not been provided it is evident that two Class 1 uses of the property have failed within the last year. There are two other vacant retail units in this part of Main Street and it is considered that a change of the property away from Class 1 could be justified in this location. Although it should be noted that the range of businesses which fall within Class 1 is wide and not limited to the two recent failed businesses.

13/00194/PP 41 Regarding criterion 3, there are 21 ground floor commercial units on Main Street, between the junctions with The Cross and King's Road and Mitchell Street. These units have a frontage of approximately 166metres. The only non-commercial frontage on the street is the library at 39-41 Main Street.

Thirteen units, comprising approximately 104m (62%) of frontage, have a lawful use as Class 1 (Retail). Three of the units, including 26 Main Street, are currently vacant. Four units, comprising approximately 33.5m (20%) of frontage, have a lawful takeaway or mixed Class 3 (Restaurant/Café) and takeaway use. One of these units, 30 Main Street, is currently vacant. There is also a separate café/takeaway business in the upper floor of 47 Main Street. The other commercial uses are two public houses and a bookmakers (Class 2 - Financial & Professional Services), which comprise approximately 28.5m of frontage.

The units immediately adjacent to 26 Main Street, 22-24 Main Street and 30 Main Street, both have a lawful use as hot food takeaway. If planning permission were granted, three consecutive units, with residential accommodation above, would be in hot food takeaway use. The total ground floor frontage in full or part hot food takeaway use in the street would be approximately 39.5meters (24%). The number of hot food takeaway units in the street as a percentage of commercial units would also be approximately 24%.

The change of use of this property to hot food takeaway is considered contrary to Policy TC1(3), in that the proposes use would result in a concentration of hot food takeaways in this location. The use would also occur in a ground floor property with residential properties above.

Given the above the proposals are contrary to the provisions of the development plan and the application is to be refused for the above reasons.

Decision

Refused

Case Officer - Mr Iain Davies

13/00194/PP 42 Appendix 1 - Drawings relating to decision

Drawing Title Drawing Reference Drawing Version (if applicable) (if applicable) Location Plan

Existing and Proposed Floor Plans

13/00194/PP 43 44 Appendix 5

Local Review Body 13/00194/PP

18 21 1 17

Posts 11 14 Hall 12 to 14 9 9 12 El 7

BEL 4 Gas KING'S CT N'S 21

15 to 19 Church

57 93.6m

6 55 90.8m 53 58 47 56 Liby 50 1 44 42 33 2 MAIN STREET36 Centre 1a4 32 6 to10 23 26 Car Park 90.2m 1 15 Mast Bath Lane B 7049 Mon 31 PC

8 WEE CLOSE KIRK 27

1 (rems of) 34 DW 30

20a 1 22 B 777

32 24

7 2 BACKBURN 2 to 6 CROSS DW 7 PH 6 4

"This map is reproduced from the OS map by North Ayrshire Council with the permission of the Controller of Her Majesty's Stationery Office, © Crown copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Licence Number: 100023393." Not To Scale ®

45 46 Appendix 6 KAREN YEOMANS : Head of Service (Development Planning Services) No N/13/00194/PP (Original Application No. N/000060449-001) REFUSAL OF PLANNING PERMISSION Type of Application: Local Application

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2008

To : Mrs Thabendha Beg 172 Barlanark Road Glasgow G33 4UW

With reference to your application received on 9 April 2013 for planning permission under the above mentioned Acts and Orders for :-

Change of use to incorporate hot food takeaway at 26 Main Street Beith Ayrshire KA15 2AA

North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission on the following grounds :-

1. That the proposed development would be contrary to Policy TC1 in the adopted North Ayrshire Local Plan as the proposed use would lead to a concentration of uses, likley to give rise to noise and disturbance, in close proximity to existing housing. The proposed development would be located in ground floor premises with residential flats above.

Dated this : 9 May 2013

...... for the North Ayrshire Council

(See accompanying notes)

47 TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2008 – REGULATION 28

KAREN YEOMANS : Head of Service (Development Planning Services)

FORM 2

1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE.

2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.

48 NORTH AYRSHIRE COUNCIL

Agenda Item 4 14 August 2013

Local Review Body

Subject: Notice of Review: 13/00031/PP: 14 Glengarnock Workshops, Glengarnock, Beith

Purpose: To submit, for the consideration of the Local Review Body, a Notice of Review by the applicant in respect of conditions attached to a planning permission granted by officers under delegated powers.

Recommendation: That the Local Review Body considers the Notice.

1. Introduction

2. Current Position

2.1 A Notice of Review has been submitted in respect of Planning Application 13/00031/PP for the erection of 1.25m boundary walls, 2.25m security wall over road and steel clad canopy to side of building (retrospective) at 14 Glengarnock Workshops, Glengarnock, Beith.

2.2 The application was granted subject to conditions as stated in the Decision Notice attached at Appendix 6.

2.3 The following related documents are set out in the appendices to this report:-

49 Appendix 1 - Notice of Review documentation; Appendix 2 - Representation received from interested party; Appendix 3 - Applicant's response to additional representation; Appendix 4 - Report of Handling; Appendix 5 - Location Plan; and Appendix 6 - Decision Notice.

3. Proposals

3.1 The Local Review Body is invited to consider the Notice of Review.

4. Implications

Financial Implications

4.1 None arising from this report.

Human Resource Implications

4.2 None arising from this report.

Legal Implications

Equality Implications

4.4 None arising from this report.

Environmental Implications

4.5 None arising from this report.

Implications for Key Priorities

4.6 None arising from this report.

50 5. Consultations

6. Conclusion

6.1 The Local Review Body is invited to consider the Notice of Review, including any further procedures which may be required prior to determination.

ELMA MURRAY Chief Executive

Reference : For further information please contact Diane McCaw, Committee Services Officer on 01294 324133 Background Papers Planning Application 13/00031/PP and related documentation is available to view on-line at www.north-ayrshire.gov.uk or by contacting the above officer.

51 52 Appendix 1

53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Appendix 2

71 72 Appendix 3

73 74 Appendix 4

REPORT OF HANDLING

Reference No: 13/00031/PP Proposal: Erection of 1.25m boundary walls, 2.25m security wall over road and steel clad canopy to side of building (retrospective) Location: 14 Glengarnock Workshops, Glengarnock, Beith, Ayrshire KA14 3DA Local Plan Allocation: Business/Industry Policies: POLICY IND6Development Control Statement Consultations: Yes

Neighbour Notification: Neighbour Notification carried out on 27.02.2013 Neighbour Notification expired on 20.03.2013

Advert: Regulation 20 (1) Advert Published on:- 06.03.2013 Expired on:- 27.03.2013 Previous Applications: 12/00113/PP for Erection of industrial storage unit extension was Approved subject to Conditions on 04.04.2012

Appeal History Of Site:

Description

This application seeks retrospective planning permission for the erection of a 1.25m boundary wall, a 2.25m security wall crossing over a road, and a steel clad canopy to side of an existing building, at a steel fabrication plant at Lochshore Industrial Estate, Glengarnock. The wall and canopy were constructed in August 2012.

The wall is located at the southern end of the application site and varies in height from 1.25m along the southern boundary to 2.25m where it crosses the road, which runs north/south through the middle of the application site. The road dissects the steel fabrication plant into two separate areas. The wall is constructed of grey concrete blocks and is approximately 205m in length.

75 The steel clad canopy has been constructed at the southern end of the existing fabrication buildings and abuts their southern elevation. The canopy comprises a roof sloping north to south on top of 10 grey steel columns. The canopy is 7.1m in height at the northern end, its highest point, and 5.7m at the southern end. The roof is made of grey box section steel cladding and tapers from west to east, meaning the length of the roof is 20.76m at the western end and 19.77m at the eastern end. The canopy covers an area of approximately 595 m2. The canopy is open at the sides (east and west elevations) and between the columns at the southern end.

The site is located to the south of the northern loop of Caledonian Road. The edges of the application site to the north, west and east are planted with mature trees, which largely screen the site from the surrounding area.

The development would be associated to the security of the existing steel fabrication business, which is involved in the supply of structural steel to the construction industry.

The application site is within a wider industrial allocation in terms of the adopted Local Plan. Site specific policy IND8 (Kilwinning - West Byrehill and Glengarnock - Lochshore) relates. However this policy is based on a wider masterplanned regeneration objective, envisaged at the time of the preparation of the current local plan, and is not considered particularly relevant to this proposal. As such consideration of this application should be undertaken in relation to Policy IND6 (Industrial Estates), which more accurately reflects the current required considerations, and the Development Control Statement of the adopted Local Plan.

Consultations and Representations

The application was subject to statutory neighbour notification procedures and a press advertisement. Three objections have been received, including an objection from the Community Council of Kilbirnie and Glengarnock. The objections can be summarised as follows;

1. Ownership of the land at the southern end of the application site (where the southern columns of the canopy and approximately 100m of boundary wall have been constructed) is disputed. The matter of land ownership has been raised at Kilmarnock Sheriff Court and proceedings are on-going. The applicant has made a false declaration on the application form by certifying that they are the sole owner of the land. The Council should not proceed with the application until the matter has been settled.

Response: The applicant has written to confirm that they believe that they solely own this land. The Council does not determine matters of land ownership. The Sheriff Court proceedings are noted and are considered to be the most appropriate way to determine ownership. The grant of planning permission does not exempt a developer from the requirement to seek and be granted consent of a land owner. The grant of planning permission also does not exempt a developer from complying with any Court order. NAC will consider their position following the outcome of the court proceedings.

13/00031/PP 76 2. The wall constructed over the road will cause significant diversion for Emergency Services.

Response: The sites to the north and south of the wall remain accessible from Caledonian Road. Caledonian Road is accessed from the south-east off of the B777 north of Longbar and from the south and south-west from Main Street, Glengarnock. Vehicles approaching from the south-east or south-west would have little increase in the journey distance to either side of the wall (approx. 100m). Vehicles approaching from the south would have a detour of approx. 400m to reach the buildings to the north of the wall. The increase in distance is not considered to be significant in relation to Emergency Services access.

3. The wall affects the abilities of other commercial operations by restricting one of the access routes.

Response: As above, the sites to the north and south of the wall remain accessible from Caledonian Road. All the land previously accessible from the road, to the north of the wall, is in use by the applicant's steel fabrication plant. To the east is Caledonian Road. Land to the west remains accessible from Caledonian Road and the ability to access those plots of land remains. To the south of the wall, the land remains accessible from the road. Overall no industrial land has lost the ability to be accessed as a result of the construction of the wall.

4. The road is a full public access way and should remain so. It allows allows fast easy access to the lochshore grounds and Kilbirnie Loch.

Response: Please see response from Access Officer below

Consultations

NAC Roads and Transportation - No objections and confirm that the road on which the wall has been built across is private. Access to all properties is to be maintained for emergency services.

Response: Noted. Access to the application site is maintained from Caledonian Road via the northern end of the road. Properties and sites to the south are accessible from Caledonian Road at its southern end.

NAC Access Officer - The road through the site, across which the boundary/security wall is constructed, is used for non-motorised access e.g. walking and cycling for active travel etc. Whilst the route is not identified as a ‘Right of Way’ within the Catalogue of Rights of Way held by the Council it should be noted that the Catalogue does not provide an exhaustive list of Rights of Way and routes may exist which meet the criteria necessary for designation as such. In addition to this the right of responsible access under the Land Reform (Scotland) Act 2003 would apply along the road for non-motorised users. As the proposed design does not facilitate such access and it would be beneficial to incorporate/retain an access through the site for non-motorised users.

Response: Noted. A condition to that effect can be added to require installation of an appropriate pedestrian access route.

13/00031/PP 77 NAC Flooding Officer - There is no fluvial flood risk identified in the area due to the proximity of watercourses, however SEPA Indicative Flood map highlights pluvial flood risk at the development site. Pluvial flooding is "flooding as a result of rainfall when water ponds outflows over the ground before it enters a natural or man-made drainage system or watercourse, or when it cannot enter because the system is already full to capacity." (SEPA 'Improved Understanding of Pluvial Flood Risk in Scotland' June 2009). It is considered that pluvial flood risk is increased by the 595m2 canopy and an objection to the proposal is raised until the developer submits plans how to mitigate the surface water collected from the canopy.

Response: Noted. A condition can be imposed requiring the developer to self-certify that there is suitable drainage for surface water, created from run-off from the canopy, or to implement an appropriate scheme.

Analysis

The application requires to be assessed against IND6 (Industrial Estates) and the Development Control Statement of the adopted Local Plan.

Policy IND6 relates to business, industry, storage and distribution uses. The proposal, being in connection with an existing industrial business, accords with these uses and thus the policy.

In relation to the relevant criteria of the DC Statement, (a) siting, design and external appearance, the canopy is of a similar material and appearance to the existing buildings on the site. The canopy sits at the southern end of the main range of buildings and its highest point is well below the roofline of those buildings. The wall is of grey block construction, similar in colour to the canopy and existing buildings, with piers and coping stones. The site is within an established industrial area, remote from the nearest housing at Longbar/Glengarnock. The canopy is screened from the west and south by trees and the visual impact is limited to the surrounding factory. The visual impact of the wall is also limited to the factory and adjacent workshop units.

With respect to (b) amenity, it is considered that there would be no significant adverse effects on the amenity of the surrounding area arising from the proposed development. The industrial estate at Lochshore is a considerable distance away from the nearest housing.

With respect to (c) landscape character, it is considered that the structural landscaping which was established around the periphery of this site in the 1980s would not have been affected by the proposal. The development would be well screened from Caledonian Road and from the land to the west of the site, where there are other industrial facilities and a large area of undeveloped ground. The site is less well screened from the Glengarnock Workshops to the south but this is also within the industrial estate, and therefore, does not require the same extent of screening as compared with the external boundaries that are more within the public domain (eg. Caledonian Road).

13/00031/PP 78 With respect to (d), access, road layout and parking provision it is considered that the development has no adverse effects on road safety at this location. Sites north and south of the wall can be accessed from Caledonian Road. Caledonian Road is circular and can be accessed from three points - one from the south-east, one from the south and one from the south west. The wall has meant a detour of approximately 400m for vehicles accessing Caledonian Road from the south and proceeding to the application site north of the wall. Vehicles accessing from the south-east and south-west are largely unaffected. No potential development land has become 'land locked,' by the construction of the wall.

Access on foot and by cycle should be an integral part of any significant development. The wall across the road has denied a through route to people on bicycle and foot as well as motor vehicles. The development can be conditioned to require the formation of an appropriate pedestrian access gate through the wall over the road. It is therefore considered that any adverse effect of the development on access can be mitigated by condition.

It is therefore recommended that conditional planning permission be granted.

Decision

Approved subject to Conditions

Case Officer - Mr Iain Davies

13/00031/PP 79 Appendix 1 - Drawings relating to decision

Drawing Title Drawing Reference Drawing Version (if applicable) (if applicable) Location Plan

Block Plan / Site Plan PROPOSED LOCATION PLAN Roof Plan P(01)002

Sections P(01)003

Specifications P(01)001

Existing Elevations P(01)004

Specifications WALL SPECIFICATION

13/00031/PP 80 Appendix 5

Local Review Body 13/00031/PP

81 82 Appendix 6 KAREN YEOMANS : Head of Service (Development Planning Services) No N/13/00031/PP

CONDITIONAL PLANNING PERMISSION Type of Application: Local Application

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2008

To : J & D Pierce (Contracts) Ltd 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

With reference to your application received on 27 February 2013 for planning permission under the above mentioned Acts and Orders for :-

Erection of 1.25m boundary walls, 2.25m security wall over road and steel clad canopy to side of building (retrospective) at 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby grant planning permission, in accordance with the plan(s) docquetted as relative hereto and the particulars given in the application, subject to the following conditions and associated reasons :-

Condition 1. That, within 3 months of the date of this permission, confirmation shall be submitted that a scheme to treat the surface water arising from the site has been prepared in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007, such a scheme shall be self certified by a suitably qualified person, a copy of which shall be submitted to North Ayrshire Council as Planning Authority. Thereafter, the certified scheme shall be implemented within 3 months of such submission and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

Reason 1. To meet the requirements of North Ayrshire Council, as Flooding Authority.

Condition 2. That within 1 month of the date of this permission, details of a means of pedestrian and cycle access, permitting access through the site and providing a link to Caledonia Road shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. Within 1 month of agreement by North Ayrshire Council, as Planning Authority, the pedestrian/cycle access shall be implemented in accordance with such details as approved.

Reason 2. In the interests of preserving public access rights

83 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

No N/13/00031/PP

Dated this : 26 April 2013

...... for the North Ayrshire Council

84 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

No N/13/00031/PP Drawings relating to decision

Drawing Title Drawing Reference Drawing Version

Location Plan

Block Plan / Site Plan PROPOSED LOCATION PLAN

Roof Plan P(01)002

Sections P(01)003

Specifications P(01)001

Existing Elevations P(01)004

Specifications WALL SPECIFICATION

(See accompanying notes.) (The applicant's attention is particularly drawn to note 5 (limit of duration of planning permission))

85 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

No N/13/00031/PP The applicant is advised to consult the following authorities prior to the commencement of the development hereby approved :-

1. Patricia Rowley, Flood Risk Management Officer, Flooding & Structural Design, Development Planning Services, North Ayrshire Council, Perceton House, Irvine KA11 2AL, Tel: +44 (0) 1294 225 259, Email: [email protected] regarding required SUDs detailed in condition1.

2. Lousie Kirk, Access Officer, North Ayrshire Council, Cunninghame House, Irvine KA12 8EE, Tel 01294 324 766, email [email protected] regarding suitable solutions associated to condition 2.

86 DEVELOPMENT PLANNING SERVICES Head of Service: Karen Yeomans Cunninghame House, Irvine KA12 8EE Tel: 0845 603 0594 Fax: 01294 324144 www.north-ayrshire.gov.uk

NOTIFICATION OF INITIATION OF DEVELOPMENT

Please return notice when you intend to commence development

26 April 2013 TO: Enforcement Officer Development Management Cunninghame House Irvine North Ayrshire KA12 8EE

Our Ref: N/13/00031/PP

Decision: Approved subject to Conditions Decision Date: 26 April 2013

DETAILS OF APPLICANT AND/OR DETAILS OF OWNER DETAILS OF AGENT IF DEVELOPER APPLICABLE

Description of Development: Erection of 1.25m boundary walls, 2.25m security wall over road and steel clad canopy to side of building (retrospective)

Location of Development: 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

Date when work commences:

Signed:

Applicant/Agent*

* Delete where applicable

Please read the following and retain for your information.

1. Work must be carried out in accordance with the relevant docquetted plans and any conditions on the decision notice.

2. A grant of Planning Permission does not authorise work under the Building (Scotland) Act 2003.

3. A separate Building Warrant may be required. Please contact (01294) 324348 to ascertain the need for a warrant.

4. Should the docquetted plans not correspond with what you intend to construct/build, you must seek the Authority of the Council before proceeding.

5. If the development you intend to undertake is either a national or major development and of a type specified in Schedule 3 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 you will be required to display a site notice.

87 DEVELOPMENT PLANNING SERVICES Head of Service: Karen Yeomans Cunninghame House, Irvine KA12 8EE Tel: 0845 603 0594 Fax: 01294 324144 www.north-ayrshire.gov.uk NOTIFICATION OF COMPLETION OF DEVELOPMENT

Please return notice when you have completed the development

26 April 2013 TO: Enforcement Officer Development Management Cunninghame House Irvine North Ayrshire KA12 8EE

Our Ref: N/13/00031/PP

Decision: Approved subject to Conditions Decision Date: 26 April 2013

DETAILS OF APPLICANT AND/OR DETAILS OF OWNER DETAILS OF AGENT IF DEVELOPER APPLICABLE

Description of Development: Erection of 1.25m boundary walls, 2.25m security wall over road and steel clad canopy to side of building (retrospective)

Location of Development: 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

Date when works complete:

Signed:

Applicant/Agent*

*Delete where applicable

Please read the following and retain for your information.

1. Work must have been carried out in accordance with the relevant docquetted plans and any conditions on the decision notice.

2. A grant of Planning Permission does not authorise work under the Building (Scotland) Act 2003.

3. A separate Building Warrant may be required. Please contact (01294) 324348 to ascertain the need for a warrant.

4. Should the docquetted plans not correspond with what you intend to construct/build, you must seek the Authority of the Council before proceeding.

88 14 Glengarnock Workshops Glengarnock Beith Ayrshire KA14 3DA

No N/13/00031/PP

TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2008 – REGULATION 28

KAREN YEOMANS : Head of Service (Development Planning Services)

FORM 1

1. If the applicant is aggrieved by the decision of the planning authority to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may appeal to the Scottish Ministers under section 47 of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of appeal should be addressed to the Directorate of Planning and Environmental Appeals, 4 The Courtyard, Callendar Business Park, FALKIRK FK1 1XR

2. If permission to develop land is refused or granted subject to conditions, whether by the planning authority or by the Scottish Ministers, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997.

89 90