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Committee Minutes Planning Committee 28 April 2009 IRVINE, 28 April 2009 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present Elizabeth McLardy, Robert Barr, Matthew Brown, Ian Clarkson, John Ferguson, Ronnie McNicol, Pat McPhee, David Munn and Robert Rae. In Attendance I.T. Mackay, Assistant Chief Executive, R. Forrest, Planning Services Manager, J. Miller, Chief Development Management Officer and A. Craig, Senior Solicitor (Legal and Protective); and M. Anderson, Committee Services Officer (Chief Executive's). Chair Councillor McLardy in the Chair. Apologies for Absence Margie Currie. 1. Isle of Arran 1.1 08/00977/OPP Isle of Arran: Lamlash: Site to West of 11 Benlister Terrace Trust Housing Association Ltd., 12 Newmart Road, Edinburgh and Kenneth Bone, Glenkiln, Lamlash, Isle of Arran, have applied for outline planning permission for a residential development on a site to the west of 11 Benlister Terrace, Lamlash, Isle of Arran. An objection and 2 representations have been received, as detailed in the report. The Committee, having considered the terms of the objection and representations, agreed, subject to the application being referred to the Scottish Ministers in terms of the Town and Country Planning (Notification of Applications) (Scotland) Direction 2009, to grant the application subject to (a) the applicants entering into a Section 75 Agreement to ensure that the dwellinghouses are made available for affordable housing; and (b) the following conditions:- 1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of landscaping and means of access to the proposed development shall be obtained before the development is commenced. Page 1 2. That no development shall take place within the development site as outlined in red on the approved plan until the applicants have secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by North Ayrshire Council as Planning Authority. Thereafter, the applicants shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service. 3. That the transition from the proposed widening of Benlister Road to the existing section shall be tapered over 15m, the existing footway on the south side of Benlister Road shall be extended a minimum of 4m beyond where the footway stops on the north side, pedestrian drop kerbs shall be provided on both sides and the internal road layout shall be designed in accordance with the Roads Development Guide, all to the satisfaction of North Ayrshire Council as Planning Authority. 4. That, prior to the commencement of the development, the applicants shall undertake a flood risk assessment to demonstrate that the site is not at risk from a 1 in 200 year floor event, i.e., a flood with a 0.5% chance of being equalled or exceeded in any year, which shall take account of flooding from all sources as well as the latest government advise on climate change and address the requirements in annex B of the SEPA – Planning Authority Protocol “Development at Risk of Flooding: Advice and Consultation”, all to the satisfaction of North Ayrshire Council as Planning Authority. 5. That, prior to the commencement of the development, the applicants shall undertake a drainage assessment which shall be prepared in accordance with the SUDS Working Party Guidelines “Drainage Assessment, A Guide for Scotland” and the discharge of storm water from the development shall comply with the stipulated design criteria, current SUDS design guidance (CIRIA Report C521) and any requirements of Scottish Water. In addition, the drainage assessment should address the following: the effects of a 1 in 200 year storm and run off, plus climate change, the effects of differing storm intensities over and above 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. All calculations shall be approved and certified by an appropriately qualified person. Page 2 2. Irvine/Kilwinning 2.1 09/00132/PP: Springside: 16 Main Road David Wilson, 16 Main Road, Springside, has applied for planning permission for the erection of a one-and-a-half storey extension to the side, incorporating integral double garage, of the dwellinghouse at that address. 1 objection has been received, as detailed in the report. The Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:- 1. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse. 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, notwithstanding the details on the approved plans, the roof and side walls of the dormer shall be clad in tiles to match the existing roof, to the satisfaction of North Ayrshire Council as Planning Authority. 4. That the presence of any significant unsuspected contamination that 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. 2.2 09/00104/PP: Dreghorn: 7 Dunlop Crescent James McQue, 7 Dunlop Crescent, Dreghorn, Irvine, has applied for retrospective planning permission for the erection of a garden wall at that address. 2 objections have been received, as detailed in the report. The Committee, having considered the terms of the objections, agreed to grant the application. 2.3 09/00023/ADC: Irvine: 101-105 Bridgegate: Bridgegate House Donna Barr, 86 Auchanshangan Drive, Saltcoats, has applied for advertisement consent for the erection of an LED digital billboard at Bridgegate House 101-105 Bridgegate, Irvine. Page 3 The Committee agreed to refuse the application on the following ground:- 1. That the proposed advertisement would detract from, and have an adverse impact on, the architectural/historical character and appearance of the Irvine Town Centre Conservation Area and the setting of nearby listed buildings and would be contrary to the spirit of Policies BE2 and BE5 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran). 2.4 08/00251/PP: Irvine: Sandy Road: Bogside NPL (Scotland) Ltd., 105 Chambers Street, Glasgow, have applied for planning permission for winning and working of sand and gravel with associated mobile plant, office units, formation of settlement ponds, stock pile areas and restoration of the site at Bogside, Sandy Road, Irvine. 2 objections have been received, as detailed in the report. Members expressed the view that a further condition should be added to any consent, to control access to the site. The Committee, having considered the terms of the objections, agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement with regard to the following matters:- Establishing a site advisory group to include a representative of the operator, the local authority, SNH, RSPB and SWT which would advise and assist on the ecological impacts of site working, restoration of the site, monitoring and after care, etc The appointment of a suitably qualified ecological Clerk of Works to oversee the site operation, restoration and aftercare who would be responsible for reporting to the site advisory group. Securing a habitat restoration bond to ensure finance is available to restore the two active phases (one extraction phase, one being restored) and a five year aftercare plan for the whole site. The provision of a habitat management plan to reduce environmental impacts Securing the phased archaeological investigation of the development over the 20 year time scale of the excavation operations and (b) the following conditions:- Page 4 1. That the applicants shall provide North Ayrshire Council as Planning Authority with prior notification in writing of the date of the commencement of winning and working of sand and gravel including any associated works. 2. That no development shall take place until details of a wheel wash facility have been submitted for the written approval of North Ayrshire Council as Planning Authority. The approved wheel wash facility shall be installed in accordance with the approved plans prior to the commencement of mineral extraction and no vehicles shall leave the site onto the public highway without first passing through the approved wheel wash facility. 3. That any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. All filling points, vents, gauges and site glasses shall be located within the bund. The drainage system of the bund shall be sealed with no discharge into any water course, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets shall be designed to discharge downwards into the bund, all to the satisfaction of North Ayrshire Council as Planning Authority.
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