Planning Committee 17 June 2008

IRVINE, 17 June 2008 - At a Meeting of the Planning Committee of Council at 2.00 p.m.

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

In Attendance R. Forrest, Planning Services Manager and J. Miller, Chief Development Management Officer (Legal and Protective); and M. Anderson, Corporate Support Officer (Chief Executive's).

Chair Councillor McLardy in the Chair.

1.

1.1 08/00242/OPP: : Corriegills: Site to the North of Dunfion Farm

Henry Murdo, Dunfion House, Corriegills, Brodick, Isle of Arran, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the north of that address. An objection has been received from R.S. Manock, The Brooklands, 18 Outwood Lane, Horsforth, Leeds.

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

1. That the proposed development would be contrary to Policy ENV 1 and Criteria (b) and (c) of the Development Control Statement of the Isle of Arran Local Plan, in that the applicant has failed to demonstrate that there is a specific locational requirement for the dwellinghouse and that the development would therefore represent unnecessary development in the countryside which would be detrimental to the appearance of the countryside and would set an undesirable precedent for unjustified development within the countryside.

1.2 08/00278/PP: Kildonan: Kildonan Road: Site to East of Grianan

Mr. and Mrs. G. Mann, Grianan Holidays, 3 Chenin Des Voirons, 1296 Coppet, Switzerland, have applied for planning permission for the erection of a one-and-a- half storey holiday letting cottage with associated parking on a site to the east of Grianan, Kildonan Road, Kildonan, Isle of Arran.

Page 1 The Committee agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to Policy TOU 9 and Criteria (a), (b) and (c) of the Development Control Statement of the Isle of Arran Local Plan, in that it would result in a loss of protected open space and the proposed development would set an undesirable precedent for incremental loss of open space, which would have a detrimental impact on the character and visual appearance of the surrounding area.

2. / and

08/00322/PP: Ardrossan: 54 Princes Street: "Colleta's"

Ms. A. Cairns, 4 Clytus Court, Saltcoats, has applied for planning permission for the part change of use from a retail unit to a delicatessen/restaurant at "Colleta's", 54 Princes Street, Ardrossan. An objection has been received from Ms. C.A. Morrison, c/o O'Really Tearoom and Gift Shop, 46 Princes Street, Ardrossan.

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

1. That the hours of operation shall be limited to between 9.30 am - 8.30 pm on any day. Outwith these hours, the premises shall be closed unless prior written approval is obtained from North Ayrshire Council as Planning Authority.

2. That, unless otherwise approved in writing by North Ayrshire Council as Planning Authority, the methods of cooking shall be restricted to microwave and domestic gas or electric cooker only. Shallow and deep fat frying shall not be permitted. Any other cooking methods that are proposed shall require a full ventilation system, the details of which shall be provided to accompany any application seeking variation of this condition.

3. Garnock Valley

3.1 08/00213/OPP: Dalry: Hindog Road: Site to Southeast of Dykes Farm

Mr. and Mrs. Wilson, Dykes Farm, Hindog Road, Dalry, have applied for outline planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the southeast of that address.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement to limit the occupation of the dwellinghouse to a person employment in agriculture or dependant of such a person associated with the farming unit known as Dykes Farm; and (b) the following conditions:-

Page 2 1. That the approval of North Ayrshire Council as Planning Authority, with regard to the siting, design and external appearance of, landscaping, servicing and means of access to the proposed development, shall be obtained before the development is commenced.

2. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy, as agreed with North Ayrshire Council, shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

3.2 08/00165/PP: Barrmill: Dunlop Road: Duskview Yard

Colin Jackson, Duskview Yard, Dunlop Road, Barrmill, has applied for planning permission for a proposed change of use of a field to form an extension to the existing yard and the formation of an access road at that address.

The Committee agreed to grant the application subject to the following conditions:-

1. That no plant or machinery shall be installed or used and no process shall be carried out from the site which would detract from the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit.

2. That the business shall not operate on the premises between the hours of 8pm and 6am Monday to Saturday and 5pm and 10am Sunday, except in an emergency for the recovery of vehicles.

3. That, prior to the commencement of the development hereby approved, details of a scheme to treat the surface water arising from the site in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007, 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. The design of the surface water drainage scheme shall be site specific and dependent on the requirements and conditions of the site and the proposed development in order to prevent pollution of the water environment.

Page 3 4. 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, including full details of structure planting of around 10 metres depth along the north east, south east and south west boundaries, which scheme shall include details of species, planting densities, soil treatment, aftercare and future maintenance 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.

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.

3.3 08/00272/PP: : 16 Wardrop Street

W. Ahmed, 17 Ayr Road, Newton Mearns, Glasgow, has applied for planning permission for proposed alterations and a change of use of the vacant hall at 16 Wardrop Street, Beith, to form a shop, including the erection of a 1.8m high fence to the side.

The Planning Services Manager advised of the receipt of a consultation response from Beith Community Council, which supported refusal of the application.

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

1. That the proposed development would be contrary to policies ENV 1 and TC 6 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would constitute development in the countryside that meets none of the criteria in Policy ENV 1 and a retail development outwith a town centre that meets none of the criteria in Policy TC 6.

2. That the proposed development would have a detrimental effect on the adjacent road network by encouraging short-term on-street parking in close proximity to the existing nearby junction and the proposed future roundabout.

3.4 08/00301/PP: Beith: Willowyard Road: Allied Distillers

Chivas Brothers Ltd. Willowyard Road, Beith, have applied for planning permission for the erection of 6 maturation warehouses at that address.

Page 4 The Committee agreed to grant the application subject to the following conditions:-

1. That, within two months of the date of this permission, full details of a landscaping scheme for the site, including the proposed mounding and landscaping shown on the approved site plan, which shall include details of contour heights, species, planting densities, soil treatment and aftercare, shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority.

2. That all mounding, 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.

4. Irvine/

4.1 08/00212/PP: Irvine: Perceton: 1 Perceton Mains Farm

Kevin Walker, 1 Perceton Mains Farm, Perceton, Irvine, has applied for planning permission for alterations to the existing roof structure to raise the roof of, and to form a new dormer and upper floor extension to the side of, the dwellinghouse at that address.

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

1. That the proposed development would not satisfy criterion (a) in the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the design of the proposed development would be detrimental to the visual appearance and character of the existing building.

4.2 08/00292/OPP: Kilwinning: Blair Road: Site to North of Woodgreen Farm

Mr. and Mrs. M. Shedden, 37 Northacre, Kilwinning, have applied for outline planning permission for the erection of a detached dwellinghouse and ancillary store building for a family business on a site to the north of Woodgreen Farm, Blair Road, Kilwinning.

The Committee agreed, subject to no representations raising new issues being received by 4 July 2008, to refuse the application on the following ground:-

Page 5 1. That the proposed development would be contrary to Policy ENV 1 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would comprise a new dwellinghouse and ancillary business in the countryside for which it has not been demonstrated that there is a genuine operational need for a worker to live on site in pursuance of an established rural business nor for the specific business use at this location.

4.3 08/00285/PP: Irvine: 7-9 Ayr Road

Mrs. Katrina Geddes, Kirkbride House, Maybole, has applied for planning permission for the demolition of the existing derelict garage building and the erection of a 2-storey care home with associated car parking and landscaping at 7-9 Ayr Road, Irvine. An objection has been received from A. McKie, 5 Ayr Road, Irvine.

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

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

2. That, prior to the commencement of the development hereby approved, the applicant shall undertake a desk study of the application site, (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment as advocated by PAN 33 and BS10175: 2001. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to North Ayrshire Council as Planning Authority. Any required remediation measures shall be undertaken, prior to the commencement of the development to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter the presence of any significant unsuspected contamination which becomes evident during the development of the site, shall be reported to North Ayrshire Council and treated in accordance with an agreed remediation scheme.

3. 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.

Page 6 4. 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. That, prior to the commencement of the use hereby permitted, the parking provision shall be constructed in accordance with the approved plans.

6. That, prior to the commencement of the development hereby approved, details of the boundary enclosures 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 prior to the occupation of the dwellinghouse and to the satisfaction of North Ayrshire Council as Planning Authority.

5. North Coast and Cumbraes

5.1 08/00351/ADC: : Irvine Road: Castle Bay Service Station

Primesight, 3 Waterhouse Square, 138-142 Holborn, London, have applied for advertisement consent for the erection of an internally illuminated, double-sided, freestanding advertisement display unit at Castle Bay Service Station, Irvine Road, Largs.

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

1. That, the proposed advertising sign would be a distraction to drivers on the trunk road where traffic volumes are heavy and it would restrict visibility at the existing exit junction from the petrol filling station, which would be to the detriment of traffic on the trunk road and pedestrians on the trunk road footway.

2. That, the signage may be contrary to Policy TC 8 of the North Ayrshire Local Plan (Excluding Isle of Arran), in that it may not relate to the premises at which it would be displayed and would therefore not comply with the Council's approved policy in relation to the display of advance signs. and (b) to serve an Enforcement Notice to secure the removal of the existing unauthorised freestanding advertising display unit.

Page 7 5.2 08/00216/PP: : Site to West of 11 Corsehill Drive

Mr. and Mrs. J. McLardy, 11 Corsehill Drive, West Kilbride, have applied for planning permission for the erection of a detached dwellinghouse and detached garage on a site to the west of that address. Objections have been received from James Riddet, 20 Jacks View, Mr. and Mrs. W. Wood, 11A Corsehill Drive and West Kilbride Amenity Society, per Norman MacGilvray, 20 Well Street, all West Kilbride.

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

1. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of (i) the external finishes to the house and garage, (ii) the surface finish to the driveway, parking and turning areas and (iii) a turning facility within the curtilage of the site to enable vehicles to enter and exit in a forward gear, which approved driveway, parking and turning areas shall be provided to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the dwellinghouse.

2. That vehicular access to the site shall be provided with a drop kerb footway crossing to be formed as detailed in Sections 5.2 - 10.8 (and fig 10.16) of the Roads Development Guidelines prior to the occupation of the dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That the driveway shall be designed in such a way that no surface water shall issue from it onto the public road.

4. That no trees or hedges on the site, other than those indicated for felling on the plans hereby approved, shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

5. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority proposals for the protection of the trees to be retained on the site, during the course of construction, which tree protection measures shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the commencement of the development.

6. That rock extraction shall not be undertaken by means of blasting and no rock extraction shall take place between the hours of 4.00pm and 8.00am on weekdays nor at any time during weekends or public holidays.

Page 8 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 Manual", published in March 2007, 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.

5.3 08/00088/PP: Largs: Burnside Road: Sports National Centre : Playing Field

Sports Scotland, Caledonia House, South Gyle, , have applied for planning permission for the erection of a 5 metre high ballstop fence surrounding the football pitch at the playing field, Sports Scotland National Centre Inverclyde, Burnside Road, Largs. Objections have been received from Mr. and Mrs. G. Redmond, no. 6 and M. Gillespie, no. 2, both Inverclyde View, Largs.

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

1. That, within one month of the completion of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority detailed proposals for the implementation of a scheme of tree planting for the area of ground adjacent to no 6 Inverclyde View.

2. That the agreed planting scheme shall be carried out in the first planting season following the completion of the development, and any trees 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.

Page 9 3. That all works associated with the construction of the fence shall be restricted to between the hours of 8.00 am to 6.00 pm Mondays to Fridays, 9.00 am to 1.00 pm on Saturdays and at no time on Sundays or Bank holidays, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

5.4 08/00371/PP: Largs: 4 Brisbane Street

Mr. and Mrs. Peter Grant, 4 Brisbane Street, Largs, have applied for planning permission for the erection of an upper floor extension to form a 2-storey detached dwellinghouse at that address. An objection has been received from Brian Balmer, 6 Brisbane Street, Largs.

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 extension shall match those of the existing dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.

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

6. Beith: Development Brief for Kings Road Housing Site

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed Development Brief for the housing site at Kings Road, Beith.

The site extends to around 7ha and is allocated for housing in the North Ayrshire Local Plan (excluding Isle of Arran) 2005. Local Plan Policy RES2 Additional Housing Sites (2003-2010) states that the Council will prepare a Development Brief for the site.

A Development Brief, set out in the appendix to the report, has been prepared for consultation purposes. It provides for housing with a density of around 25 units per developable hectare, delivering an indicative capacity of 150 dwellinghouses, including open space, sustainable urban drainage, a play area and landscaping.

The Committee agreed to (a) approve the Development Brief for the Kings Road housing site for public consultation; and (b) that the Assistant Chief Executive (Legal and Protective Services) report on the outcome of the consultation exercise in due course.

Page 10 7. Enforcement Notice:1 Sorbie Road, Saltcoats, also known as 54 Sorbie Road, Ardrossan

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to the unauthorised use of premises at 1 Sorbie Road, Saltcoats (also known as 54 Sorbie Road, Ardrossan) as a car repair business.

The site in question has been the subject of a previous application in August 1999 for a change of use from domestic garage to motor vehicle repair workshop. This application was refused and, due to the failure to comply with the planning decision, enforcement action was approved by the Planning Committee.

In November 2007, complaints were recieved that cars were being repaired on the site on a full time basis most of the day and into late evening. This was confirmed during a visit by the Planning Inspector and the owners advised to cease the activity. In March 2008, further complaints were received that the car repair business was continuing to operate and this was confirmed during visits by the Planning Inspector.

The Committee agreed to approve the service of an Enforcement Notice in terms of Section 127 of the Town and Country Planning (Scotland) Act 1997 to secure the cessation of the unauthorised car repair business at 1 Sorbie Road, Saltcoats (also known as 54 Sorbie Road, Ardrossan).

8. West Kilbride: Land at 39 Ritchie Street: Notice requiring Proper Maintenance of Land

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Notice for the Proper Maintenance of Land on the owners of the property at 39 Ritchie Street, West Kilbride.

In February 2005, conditional planning permission was granted for the part change of use from hot food takeaway to form a studio flat at 39 Ritchie Street, West Kilbride. In August 2006, complaints were received that one of the main windows of the premises had been broken and was very poorly boarded up with plywood. This was confirmed during a visit by the Planning Inspector, who subsequently advised the owner to have the glass replaced.

Further complaints were received in May 2008 and it was noted that no further works to replace the glazing had been undertaken. It was also noted by the Planning Inspector that all front windows of the premises had been boarded up using different materials, to the detriment of the amenity of the area.

Page 11 The Committee agreed to approve the service of a Notice requiring proper maintenance of land in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997, to ensure that the boarding is removed and the glass replaced on the front windows of the premises at 29 Ritchie Street, West Kilbride and an appropriate display provided behind the glazing.

9. Urgent Items

The Chair agreed that the undernoted items be considered as an urgent.

9.1 Planning Application 07/01076/PP: Additional Representations: Proposed Dinghy Launching Facility at Largs Yacht Haven, Irvine Road, Largs

At its meeting on 27 May 2007, the Planning Committee agreed, subject to conditions and to referral to Scottish Ministers, to grant an application by the Scottish Sailing Institute, Largs Yacht Haven, Irvine Road, Largs, for planning permission for the formation of the sailing dinghy launching area incorporating reclamation of land, construction of launching beach and removal of rock hazards within the tidal zone at Largs Yacht Haven.

The Town and Country Planning (Notification of Applications) (Scotland) Direction 2007 requires that, before notifying an application to Scottish ministers, the Council shall inform all objectors of its intended decision and afford them the opportunity to comment on the Authority's statement of reasons for proposing to grant planning permission, and to make further representations to the Planning Authority and Scottish Ministers, if they do not consider that their views have been properly dealt with. Further letters of representation have been received from John McCracken, 31 Sinclair Drive, D.C. Evans, 7 Halkshill Drive, Tim Cowen and Maggie Kelly, 25 Moorburn Road, Mr A. Turner, 3 Whinhill Avenue and Ross and Adrienne Alcock, 17 Arran View, all Largs, and from Charles E. Evans, 2 Kelburn Terrace, Fairlie.

The Chief Planning Development Management Officer circulated at the meeting a summary of the additional matters raised in the above mentioned letters of representation, together with responses to those issues.

The Committee agreed to refer the application, including the document summarising the matters raised in the further letters of representation and responses to those issues, to the Scottish Ministers.

9.2 Special Meeting of Planning Committee

The Chair intimated that a Special Meeting of the Planning Committee would take place at 2.00 p.m. on Tuesday 8 July 2008 in the Council Chambers, Cunninghame House, Irvine.

Page 12 Noted.

The Meeting ended at 2.50 p.m.

Page 13