1955

EAST COUNCIL

LOCAL REVIEW BODY

MINUTES OF MEETING HELD ON THURSDAY 8 DECEMBER 2016 AT 1515 HOURS IN THE COUNCIL CHAMBERS, COUNCIL HEADQUARTERS, LONDON ROAD,

PRESENT: Councillors Jim Roberts, Elaine Cowan, Elena Whitham, Neil McGhee and Billy Crawford. ATTENDING: Craig Iles, Development Management Team Leader; Craig Young, Team Leader, Litigation and Advice; and Jennifer Morrison, Democratic Services Officer. CHAIR: Councillor Jim Roberts, Chair, for Items 1-4 and Councillor Elena Whitham, Substitute Chair for Item 5.

DECLARATIONS OF INTEREST 1. Councillor Jim Roberts declared a non-financial interest in respect of Agenda Item 5: Application No 16/0019/LRB: 51-55 Main Street, , in terms of Paragraph 7.12 of the Councillors Code of Conduct and withdrew from the meeting for that particular Agenda item.

APPLICATION 16/0016/LRB: PROPOSED DEMOLITION OF EXISTING WORKSHOP TO FORM TWO 2-STOREY DWELLINGHOUSES AT 2A MASON AVENUE, NEW BY MR KEITH NATHAN (Item 5, Page 1886, 12/17) (PLANNING APPLICATION REF 16/0533/PPP) 2. Following an accompanied site visit attended by Councillors Jim Roberts, Elaine Cowan, Elena Whitham, Neil McGhee and Billy Crawford, together with Keith Nathan, applicant and William Fallow, the applicant’s representative; Fiona Finlay, Development Management Team Leader and Mhairi Duff, Senior Planning Officer, representing the Head of Planning and Economic Development; David Macpherson, Flooding Officer; Craig Iles, Development Management Team Leader acting as Planning Adviser; and Jennifer Morrison, Democratic Services Officer, held prior to the meeting, Members then considered the application for proposed demolition of existing workshop to form two 2-storey dwellinghouses at 2A Mason Avenue, , by Mr Keith Nathan. There was submitted an updated Position Statement (circulated) in respect of a request of a decision taken by Officers, under delegated authority, for the proposed demolition of existing workshop to form two 2-storey dwellinghouses at 2A Mason Avenue, New Cumnock. The Local Review Body on 28 October 2016 had determined that they were unable to determine the review without further procedure and agreed to make an inspection of the land comprising the application site, accompanied by the applicant or representative; a representative of the Head of Planning and Economic Development; and the Council’s Flooding Officer; with the review continued to a future meeting for consideration thereafter. 1956

The updated Position Statement; the Notice of Review submission including Supporting Statement; Plans; the Decision Notice; the Planning Officer’s Report of Handling; representations received in relation to the original planning application; and suggested planning conditions were all circulated. The Local Review Body considered the terms of the Decision Notice dated 24 August 2016; the Report of Handling dated 24 August 2016; together with the Notice of Review dated 14 September 2016; as well as representations from interested parties in relation to the original planning application. Following consideration, the Local Review Body determined that they now had sufficient information before them, to proceed to determine the application, without further procedure in terms of the Town and Country Planning (Schemes of Delegation and Local Review Body Procedure) (Scotland) Regulations 2013. Having considered matters including the application assessment that had been carried out by the Case Officer within the Report of Handling; and having considered this in light of (1) the Notice of Review and supporting documentation; (2) the relevant Local Plan Policies; (3) the Proposed East Ayrshire Local Development Plan Policies; (4) responses from interested parties to the original planning application; and (5) the accompanied site visit, determined that in its view the proposal complied with Policy RES 3 of the Adopted East Ayrshire Local Plan in that the proposed development formed a sympathetic residential development of a gap site not specifically safeguarded which had no adverse impact on the surrounding built environment, had no unacceptable transportation and infrastructure implications and was compatible with surrounding densities and housing types. Further, the proposal complied with Policy RES 26 of the Adopted East Ayrshire Local Plan in that it was considered unlikely that the proposed development would not meet the residential space standards in Schedule 5 of the Adopted East Ayrshire Local Plan. As a consequence, the Local Review Body therefore determined that the application be approved, not upholding the Appointed Officer’s determination, subject to the proposed Condition (1), as circulated at Appendix 6 to the updated Position Statement; subject to a new Condition (2) as follows, to replace Condition (2) as proposed in the Updated Position Statement:- The details required under Condition (1) of this planning permission in principle shall include a flood risk assessment for the development site detailing, if required, of any flood mitigation measures. Thereafter said mitigation measures required shall be fully implemented prior to the occupation of either dwellinghouse approved; REASON: To ensure the houses are not detrimentally impacted by flooding events from adjacent water courses; and subject to the following additional Condition (3):- The development approved by this permission shall not commence, until the Planning Authority has received written confirmation from the Ayrshire Roads Alliance that the New Cumnock Flood Prevention Scheme, approved in November 2016, has been installed and commissioned; REASON: To ensure that housing is erected in an area which is adequately protected from flooding from the Afton Water.

PROCEDURE 3. There was submitted a Procedure to be followed at the meeting in respect of the following items (circulated).

1957

APPLICATION 16/0018/LRB: PLANNING PERMISSION IN PRINCIPLE FOR THE ERECTION OF A DWELLINGHOUSE AT CRAIGBRAE FARM, (PLANNING APPLICATION REF 16/0306/PPP) 4.1 Consideration of Item There was submitted a Positon Statement (circulated) in respect of a request for a review of a decision taken by Officers, under delegated authority, for planning permission in principle for the erection of a dwellinghouse at Craigbrae Farm, Drongan, by Mr and Mrs Kerr. The Notice of Review submission including Supporting Statement; Plan; the Decision Notice; the Planning Officer’s Report of Handling; representations received in relation to the original planning application; a representation received in relation to the Notice of Review; and suggested planning conditions were all circulated. The Local Review Body considered the terms of the Decision Notice dated 15 September 2016; the Report of Handling dated 15 September 2016; together with the Notice of Review dated 14 October 2016; as well as representations from interested parties in terms of the original planning application and a representation from an interested party in relation to the Notice of Review. 4.2 Preliminary Matter The Democratic Services Officer advised that the applicant’s Agent had submitted within the Notice of Review submission, information which had not been before the Appointed Officer at the time the application had been determined. The new information referred to related to a Traffic Survey Report, plan and response thereon from the Head of Roads, Ayrshire Roads Alliance. The information was not circulated to the Local Review Body prior to their consideration under Section 43(B) of the Town and Country Planning (Scotland) Act 1997, as amended. The Democratic Services Officer advised that in terms of Section 43(B) of the Town and Country Planning (Scotland) Act 1997, as amended, a party to the Local Review Body proceedings should not raise any matter which was not before the Appointed Officer at the time the determination on the review was made unless that party can demonstrate (a) that the matter could not have been raised before that time or (b) that it not being raised before that time was the consequence of exceptional circumstances. The Democratic Services Officer then advised that the applicant’s agent had confirmed the reasons why the new information had not been before the Appointed Officer at the time the planning application was determined. The Democratic Services Officer advised that it was now for the Local Review Body to determine therefore whether to accept the new information contained within the Notice of Review submission, and if accepted, the new information would then be submitted to the interested parties, including East Ayrshire Council’s Planning and Economic Development Service for further comments, with the applicant allowed to comment thereafter on any responses.

1958

4.3 Further Consideration of Item The Local Review Body agreed:- (i) to accept the new information identified by the applicant’s agent in the Notice of Review submission, given the reasons put forward by the applicant’s agent; (ii) that this new information would be submitted to interested parties including East Ayrshire Council’s Planning and Economic Development Service for further comments; (iii) to receive further information in the form of the Supporting Statement and Labour Justification documents which had been submitted with the planning application, with the opportunity given initially to the Head of Planning and Economic Development and to the Interested Parties to the Notice of Review to comment on these documents with the applicant thereafter given the opportunity to comment on any responses received; (iv) to make an unaccompanied inspection of the land comprising the application site; and (v) following completion of the further procedures referred to at (ii), (iii) and (iv) above, to continue the review to a further meeting for consideration. Councillor Jim Roberts left the meeting at this point and Councillor Elena Whitham took the Chair.

APPLICATION NO 16/0019/LRB: CHANGE OF USE OF STORAGE AREA WITHIN SHOP TO HOT FOOD TAKEAWAY AND INSTALLATION OF FLUE AT 51-55 MAIN STREET, MUIRKIRK (PLANNING APPLICATION REF 16/0451/PP) 5. There was submitted a Position Statement (circulated) in respect of a request for a review of a decision taken by Officers, under delegated authority, for change of use of storage area within shop to hot food takeaway and installation of flue at 51-55 Main Street, Muirkirk, by Mr Bilal Ahmed. The Notice of Review submission; plans and photographs; the Decision Notice; the Planning Officer’s Report of Handling; representations received in relation to the original planning application; a representation received in relation to the Notice of Review and response thereon from the applicant; and suggested planning conditions were all circulated. The Local Review Body considered the terms of the Decision Notice dated 9 September 2016; the Report of Handling dated 9 September 2016; together with the Notice of Review dated 19 October 2016. Following consideration, the Local Review Body determined that they were unable to determine the review without further procedure and agreed to make an unaccompanied inspection of the land comprising the application site, with the review continued to a future meeting for consideration thereafter.

The meeting terminated at 1554 hours.