Planning Committee 28 April 2009

IRVINE, 28 April 2009 - At a Meeting of the Planning Committee of 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) () 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/

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.

4. That all drainage water from hardstanding and washing areas shall pass through suitably fenced settlement ponds or tanks before being discharged to site through an oil and petrol interceptor, to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the level of sludge in the settlement ponds shall not be allowed to accumulate to the extent that it causes unmanaged overflow onto lands outside the site boundary, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That soil stockpiles shall be located away from drains and ponds on site and shall be protected with bunds or silt fences to the satisfaction of North Ayrshire Council as Planning Authority.

7. That no extraction of minerals shall be carried out on the site between 1900 and 0700 hours Mondays to Fridays, 0000 to 0700 hours and 1600 hours to midnight on Saturdays and at no time on Sundays or public/Bank holidays.

8. That no extraction shall take place within 5 metres of any land which is outside the ownership or control of the applicants and apart from where the new bridge access would be constructed, there shall be a 30 metre wide buffer strip between the proposed development and the River Garnock in which no development or mineral extraction shall take place.

Page 5 9. That no extraction shall take place outwith the areas shown on the phasing plan hereby approved.

10. That no extraction shall take place below a level of -5.0 metres OD.

11. That access for vehicles associated with the transportation of materials from the site access shall only be from the A78 trunk road and prior to the commencement of the development the proposed means of access to the trunk road shall be improved and constructed to a layout and type of construction to be approved by North Ayrshire Council as Planning Authority after construction with Transport Scotland Roads Authority, before the development is commenced; TD 41/95, layouts 9&10, give details of the diverge and merge tapers required.

12. That, prior to commencement of minerals extraction, the first 150 metres of access from the A78, the weigh bridge and wheel wash areas shall be hard surfaced with concrete or asphalt, to the satisfaction of North Ayrshire Council as Planning Authority.

13. That top soil, sub soil and soil-forming materials shall be stored in separate heaps not exceeding 12 metres in height. The heaps shall be shaped so as to avoid collection of water in surface undulations, shall not be traversed by heavy vehicles or machinery except in the course of stacking, maintenance or re-spreading and shall have a minimum 3 metre stand off of undisturbed ground around them. Any heaps that remain in situ for more than 3 months or over winter shall be seeded or hydro seeded prior to the commencement of mineral extraction and thereafter maintained in a tidy condition to the satisfaction of North Ayrshire Council as Planning Authority.

14. That all quarry plant shall be located in the position indicated on figure 4.12 hereby approved, to the satisfaction of North Ayrshire Council as Planning Authority.

15. That processed stockpiles shall not be created outwith designated areas as per drawing “plant location plan”, hereby approved nor shall they exceed 5 metres in height without the prior written approval of North Ayrshire Council as Planning Authority.

16. That, prior to the demolition of any buildings and vegetation clearance in each of the extraction phases, protected species surveys shall be carried out by a suitably qualified surveyor and all findings shall be reported to North Ayrshire Council as Planning Authority; should positive identification be made, further assessment and mitigation shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the demolition and vegetation clearance works taking place.

Page 6 17. That the buildings identified in the bat survey report of August 2008 (Building Numbers 12, 13, 14, 15, 43 and 46) which may be used by roosting bats or which are considered to have a high potential to support roosting or hibernating bats shall not be demolished or disturbed throughout the duration of the extraction process; the remaining buildings to be demolished shall be inspected by an ecologist prior to demolition, shall be subject to a prior ecological method statement and supervision to minimise the impact on adjacent habitats, shall be demolished at the start of works on site and shall be demolished quickly to limit impact. The buildings to be demolished and demolition materials shall be removed via existing roadways and the demolition materials used to provide sustainable material for new access roads, all to the satisfaction of North Ayrshire Council as Planning Authority.

18. That no tree felling, vegetation clearance or building demolition shall take place during the bird breeding season (March to July inclusive) unless with the prior written approval of North Ayrshire Council as Planning Authority; building demolition shall be carried out in a way that minimises ecological impact.

19. That, unless North Ayrshire Council gives written consent to any variation, the demolition of all magazines and storage buildings, with the exception of Building Numbers 12, 13, 14, 15, 43 and 46, shall be undertaken within phases 1 and 2 of the mineral extraction process operations; prior to the commencement of development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the timescale for the demolition operations.

20. That, prior to mineral extraction commencing, the proposed woodland shelter belt shall be planted on the boundary between the site and Bogside Golf Course, exact details of which woodland planting shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development. This shall include details of species, planting densities, soil treatment and aftercare; any trees or plants which, during the extraction operations, die, 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.

21. That, prior to the commencement of the development, a Site Advisory Group shall be established to advise and assist in restoration matters and shall comprise the operator, a representative from North Ayrshire Council, SNH, RSPB, SWT and SEPA.

22. That, prior to commencement of each phase and in consultation with the Site Advisory Group, a landscape drawing shall be submitted for the written approval of North Ayrshire Council as Planning Authority which shall indicate contours of earth banks or other means of screening including perimeter fencing to be installed in the operational phase.

Page 7 23. That all mineral extraction phases within the development site shall be wet worked at all times for the entire duration of the extraction process to the satisfaction of North Ayrshire Council as Planning Authority.

24. That the site shall be worked and restored progressively in the phasing sequence identified in the phasing plan outlined in the Environmental Statement Habitat Restoration Plan – Figures 4.3-4.10; for the avoidance of doubt no more than two phases shall be worked upon at any given time, one phase only where minerals are being extracted, the other preceding phase where restoration is taking place.

25. That, prior to the commencement of any phase and following consultation with the Site Advisory Group, a method statement for that phase shall be submitted for the written approval of North Ayrshire Council as Planning Authority containing the results of protected species surveys, site investigations for potential pollutants and response systems, environmental monitoring, sediment control and proposals for habitat restoration, methods of working, monitoring and after care.

26. That no trees within the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority; for the avoidance of doubt the tree bat roost identified in the bat survey report of August 2008 shall not be destroyed or disturbed without a licence from Scottish Government beforehand.

27. That, prior to construction of the bridge across the River Garnock, a method statement containing details of the bridge construction, erosion and sediment control measures shall be submitted for the written approval of North Ayrshire Council as Planning Authority and any programme for erosion and sediment control measures indicated therein shall be undertaken within the approved timescale to the satisfaction of North Ayrshire Council as Planning Authority.

28. That the historic mineshafts and spoil heaps identified in the Environmental Statement shall have an exclusion buffer of 20 metres around them and shall be fenced off from any mineral extraction works; unidentified historic mineshafts and spoil heaps encountered during each extraction phase shall be treated in the same manner and such areas shall become features of the habitat restoration plan, all to the satisfaction of North Ayrshire Council as Planning Authority.

29. That all mitigation measures proposed in the Environmental Statement and additional letters from the applicant’s agents, Enviros Consulting Limited dated 29th August 2008 and 4th December 2009 and the bat survey report of 12th September 2008 shall be adhered to, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 8 30. That, in the event of persistent complaints regarding dust emissions from the site or where air quality objectives attributable to the proposed operations are exceeded, the applicants shall following consultation and agreement with North Ayrshire Council as Planning Authority put in place a monitoring programme and undertake any further works necessary to minimise dust emissions to a level acceptable to North Ayrshire Council as Planning Authority prior to the continuation of further extraction of deposits.

31. That, prior to the commencement of the development, for each of the proposed working phases, the applicants 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. 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 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 as Planning Authority and treated in accordance with an agreed remediation scheme. On completion of the proposed works, written verification detailing what has been done by way of any remediation shall also be submitted for each of the proposed work phases, for the written approval of North Ayrshire Council as Planning Authority.

32. That, prior to the commencement of the development, hereby approved, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of (i) the design of the new bridge to be constructed over the River Garnock, (ii) all temporary site huts, weigh bridge, office and staff welfare facilities, storage sheds and bunded oil storage facilities, (iii) the footpath link from the Garnock Reserve through the north end of the site including timescale proposals and (iv) proposals for the provision of low noise reversing equipment for site vehicles.

33. That, prior to the commencement of the development, applicants shall submit for the written approval of North Ayrshire Council as Planning Authority full details of all foul drainage disposal arrangements, which shall involve the carrying out of percolation tests and trial pits to demonstrate the suitability of the soil for a soakaway arrangement; the soakaway shall be constructed at least one metre above the water table, to the satisfaction of North Ayrshire Council as Planning Authority.

34. That the recommendations of the Flood Risk Assessment submitted by Enviros Consulting Ltd on behalf of the applicants dated December 2008 shall be implemented and the haul route and bridge shall not be used during flood events, all to the satisfaction of North Ayrshire Council as Planning Authority.

Page 9 35. That, within one year of the cessation of mineral extraction operations, the applicants shall seed any open worked areas to the satisfaction of North Ayrshire Council as Planning Authority; within two years of the cessation of mineral extraction operations the applicants shall make safe the site including the grading of phases and excavations to a stable condition, remove all plant and machinery, structures, buildings, foundations, scrap metal, disused vehicles and other waste materials from the site, and complete the restoration of the open phases in accordance with the restoration plan hereby approved within one further year to allow time to work around sensitive seasons (breeding birds).

36. That the mineral extraction operations hereby approved shall cease on completion of the approved sand and gravel extraction or within 20 years of commencement of the operations whichever is the sooner and all restoration works shall be completed within one further year of cessation unless North Ayrshire Council as Planning Authority gives written consent to any variation.

37. 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 security gates at the site entrance, and any boundary enclosures. Thereafter the gates and enclosures, which may be approved, shall be erected prior to the commencement of the development, and thereafter maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

3. North Coast and Cumbraes

3.1 09/00122/PP: Skelmorlie: Site to North West of 19 Montgomerie Terrace

K. Staley, 19 Montgomerie Terrace, Skelmorlie, has applied for planning permission for the erection of a detached dwellinghouse with the formation of a new access and associated car parking on a site to the north west of that address. 2 objections and 3 representations have been received, as detailed in the report.

The Planning Services Manager advised of a proposed amendment to condition 2, to include provision for limiting the width of driveway opening.

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

1. That, prior to the commencement of the development, the developer shall submit for the written approval of North Ayrshire Council as Planning Authority full details and/or samples of the proposed external finishes.

Page 10 2. That, notwithstanding the plans hereby approved, there shall be no footway provided along the frontage of the site. That notwithstanding the plans hereby approved, there shall be no footway provided along the frontage of the site. In addition, the driveway opening shall be a maximum of 4.5 metres in width.

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

4. That, prior to the commencement of the development, the area shown within the green box on the plans hereby approved shall be fenced off in accordance with the requirements of BS5837-2005 'Trees in Relation to Construction' to the satisfaction of North Ayrshire Council as Planning Authority. The fencing shall be retained for the during of all engineering and building operations until the completion or occupation of the dwellinghouse, whichever is the sooner. No access shall be permitted to this area with the exception of persons engaged in surface water drainage works. No materials shall be stored within the fenced area to avoid soil compaction.

5. That, prior to the commencement of the development hereby approved, a method statement for dealing with surface water run-off shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the scheme shall be implemented in accordance with the details as may be approved prior to the completion or occupation of the dwellinghouse, whichever is the sooner.

6. That, prior to the commencement of the development hereby approved, full details of a landscaping scheme for the area hatched green on the plans hereby approved shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the scheme shall be implemented in accordance with the details as may be approved prior to the completion or occupation of the dwellinghouse, whichever is the sooner.

3.2 09/00119/PP: : 30-34 Irvine Road

I.P. Dyson, 47 Nelson Street, Largs, has applied for planning permission for a proposed change of use of a yard to a hand car wash and valeting service, incorporating landscaping, erection of a boundary fence and re-siting of the container at 30-34 Irvine Road, Largs. 7 objections have been received, as detailed in the Annex to the report.

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

Page 11 1. That the proposed development would be contrary to Policy A1 and the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) by reason of the additional traffic generated by the proposed development within the residential cul-de-sac of Blackdales Avenue, resulting in an unacceptable level of disruption within a quiet residential area.

2. That the proposed development would be contrary to Policy A1 and the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) by reason of the noise and disturbance generated by the proposed development adjacent to the residential cul-de-sac of Blackdales Avenue, resulting in an unacceptable level of noise and disturbance to a quiet residential area.

3.3 09/00025/ADC: Largs: Main Street: Largs Railway Station

Donna Barr, 86 Auchanshangan Drive, Saltcoats, has applied for advertisement consent for the erection of an LED digital billboard at Largs Railway Station, Main Street, Largs. A representation has been received from Largs Community Council.

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

1. That the display shall be for a period of 5 years from the date of this consent.

2. That the proposed advert shall be illuminated in such a way so as not to cause dazzle to vehicular traffic using the adjoining roads.

3. That the advertisement display shall be switched off from 2100 hours each day and remain inoperative until 0800 hours on the following day unless the written approval of North Ayrshire Council as Planning Authority is obtained for any variation.

3.4 08/00797/PP: Skelmorlie: 31 Golf Course Road

Orion Bus Group, 33 Ryan Road, Wemyss Bay, have applied for planning permission for the demolition of four flats and the erection of nine flats at 31 Golf Course Road, Skelmorlie. 5 objections, including an objection from Skelmorlie Community Council, have been received, as detailed in the report.

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

Page 12 1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority (i) full details/samples of the proposed external finishes; (ii) an amended car parking layout to indicate the provision of 15 off-street parking spaces; and (iii) amended designs for the north elevation of flat 2-4 and the external terrace area of the top floor flat to address the potential for over looking of the adjacent ground to the north of the site.

2. 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.

3. That, prior to the commencement of the development, hereby approved, the applicants 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. On completion of the proposed works written verification, detailing what was done by way of remediation, shall also be submitted.

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, 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.

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.

Page 13 6. That, prior to the occupation of any of the dwellinghouses and where Council adoption of open space areas is not to be pursued, there shall be submitted for approval of North Ayrshire Council as Planning Authority, details of the proposed factor or management agency and a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all open space areas. The landscape management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

7. That, prior to the occupation of the flats hereby approved, the adjacent bus depot buildings shall be demolished and the site reinstated in accordance with a method statement to be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the construction of the flats hereby approved.

4. Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2008

Submitted report by the Assistant Chief Executive (Legal and Protective) on the requirements of the Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2009.

The Town and Country Planning (Amount of Fixed Penalty) (Scotland) Regulations 2009, which come into effect on 3 August 2009, set the amounts applicable to fixed penalty notices provided for in the Planning Etc (Scotland) Act 2006. A fine of £2,000 will apply to fixed penalty notices for failure to comply with Enforcement Notices, while the fine for failure to comply with Breach of Condition Notices will be £300.

Noted.

5. Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009

Submitted report by the Assistant Chief Executive (Legal and Protective) on the requirements of the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009.

The Planning Etc (Scotland) Act 2006 introduced a hierarchy of classes of developments, namely national, major and local developments.

Scottish Ministers are responsible for the National Planning Framework (NPF) which identifies national developments, such as the new power station and transhipment hub at Hunterston. Major developments include:-

Page 14  All developments mentioned in Schedule 1 to the Environmental Impact Assessment (Scotland) Regulations;  Developments comprising 50 or more dwellings;  Office development exceeding 10,000 square metres;  Construction of an electricity generating station (output exceeding 20 mega watts);  Waste disposal facilities with a capacity of more than 25,000 tonnes per annum;  Construction of new/replacement roads, railways, tramways, etc. with a length in excess of 8km;  Extraction of minerals with a site of 8 hectares or more; and  Other developments where the gross floor space of the construction exceeds 5,000 square metres or the site is larger than 2 hectares.

Development other than National and Major Developments are categorised as Local Developments.

The Assistant Chief Executive (Legal and Protective) advised that the regulations will come into effect on 3 August 2009 and will necessitate alterations to the Scheme of Delegation to Officers, the inclusion of a Local Review Body within the Council's Scheme of Administration and appropriate training for Members. He indicated that these matters would be the subject of reports to the Executive of North Ayrshire Council and to the full Council, as appropriate.

Noted.

The Meeting ended at 3.10 p.m.

Page 15