Planning Committee 29 May 2006

IRVINE, 29 May 2006 - At a Meeting of the Planning Committee of Council at 2.00 pm.

Present Tom Barr, John Moffat, Ian Clarkson, Margie Currie, Stewart Dewar, Elizabeth McLardy, Alan Munro, David O'Neill, Robert Rae, John Reid and Ian Richardson.

In Attendance A. Fraser, Manager, Legal Services and J. Michel, Senior Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager and R. McAlindin, Planning Officer (Development and Promotion); A. Wattie, Communications Officer and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor Barr in the Chair (Items 1-9.3 and 9.5-12) and Councillor Moffat in the Chair (Item 9.4). Apologies for Absence Elizabeth Marshall, David Munn, Margaret Munn and Donald Reid. 1. Minutes

The Minutes of the Meetings of the Committee held on 10 April 2006 and 8 May 2006, copies of which had previously been circulated, were confirmed.

2. Declarations of Interest

Councillor Currie declared an interest in item 6.4 and left the meeting for that item of business. Councillors Barr and Dewar declared an interest in item 9.4 and left the meeting for that item of business.

A. ITEMS REQUIRING APPROVAL BY COUNCIL

3. North Ayrshire Local Plan Policy BE14: Townscape Audits and Proposed Conservation Areas for Dalry and

Submitted report by the Assistant Chief Executive (Development and Promotion) and received a presentation from Gordon Fleming of Consultants A.R.P. Lorimer and Associates on the Townscape Audits for Dalry and Kilbirnie and the proposed designation of two Conservation Areas.

Page 1 Townscape Audits were commissioned to allow a design framework to be developed for Dalry and Kilbirnie. The Audits recommend development strategies to preserve and enhance the urban qualities of the 2 towns and highlight key areas for development which would act as a catalyst to increase activity in the towns. They also consider the built heritage of each town as something worthy of protection.

In Dalry, an Article 4 Direction is suggested to remove Class 2 and Class 7 of permitted development rights, to require consent for alterations or additions to roof and gates/fences/walls or other means of enclosure within the Conservation Area. An Article 4 Direction is proposed for Kilbirnie, removing Class 2 of permitted development rights and requiring consent for alterations or additions to roofs. The preferred Conservation Areas for Dalry and Kilbirnie were set out in Appendices 2 and 3 respectively.

The Committee agreed (a) to designate as Conservation Areas with Article 4 Directions, the areas in Dalry and Kilbirnie shown on Appendices 2 and 3 to the report; and (b) that the Assistant Chief Executive (Development and Promotion) undertake the necessary advertisement and other public consultation procedures to consult the public and other parties on the Townscape Audits and proposals for Conservation Areas and report the outcome to a future meeting of the Committee.

4. Urgent Repair Works at 121-125 and Serving of Completion Notice at 121-123 Main Street,

Submitted report by the Assistant Chief Executive (Development and Promotion) requesting authority to carry out urgent repairs at 121-125 and serve a Completion Notice at 121-123, both Main Street, West Kilbride.

Permission was granted in 2001 for alterations to 121-123 Main Street, West Kilbride. The work was not completed and the building has now fallen into a dilapidated state. As works had begun on the property, however, the planning permission remains extant unless a Completion Notice is served.

The buildings and unoccupied building at 125 Main Street, West Kilbride are in a Conservation Area and are considered to have architectural and townscape value. An independent engineer was commissioned to carry out a structural analysis of the premises, which concluded that the key features of the front facades and roofs can be preserved and offered guidance as to the minimum work required to ensure this.

Page 2 A Planning Authority can request Scottish Ministers for authority to execute any necessary works which appear urgent for the preservation of a listed building or a building in a Conservation Area and may also give notice to the owner to require payment of the cost of the works. While the properties in question are located within the West Kilbride Conservation Area, they are not listed at present. It is intended to ask Historic to consider listing the properties; however, since Historic Scotland may be reluctant to list properties with extant planning permission, a Completion Notice requires to be served.

The Committee agreed (a) to request direction from the Scottish Ministers under Section 68 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to provide for the carrying out of urgent repairs to 121-125 Main Street, West Kilbride; (b) to approve the subsequent serving of a notice on the owners, seeking recovery of the costs incurred; and (c) to approve the serving of a Completion Notice on 121-123 Main Street, West Kilbride to render the unexpired balance of planning permission null and facilitate the process of listing.

5. Development Brief for Anchorage North, ,

Submitted report by the Assistant Chief Executive (Development and Promotion) requesting approval of a Development Brief for Anchorage North, Blackwaterfoot, for public consultation.

The Anchorage North site was allocated for residential purposes through the recent Isle of Arran Local Plan process. The site has an indicative capacity of 10 units. However, in order to provide variety and choice of dwellings, it is considered acceptable for development at this location to comprise 4 semi-detached and 8 detached houses, giving the site a capacity of 12 units. It is proposed to carry out public consultation on the Brief set out in the Appendix to the report, prior to its inclusion as Supplementary Information to the Isle of Arran Local Plan.

The Committee agreed (a) to approve, for public consultation, the Development Brief for Anchorage North, Blackwaterfoot set out in the Appendix to the report; and (b) that the Assistant Chief Executive (Development and Promotion) report back to a future meeting on the outcome of consultation.

Page 3 B. ITEMS DETERMINED UNDER DELEGATED POWERS

6. Arran Area

6.1 06/00255/PP: Lamlash: Cordon: Site to North of Westwood House

David Campbell, Westwood House, Cordon, Lamlash, Isle of Arran has applied for planning permission for the demolition of an existing back house and the erection of a detached dwellinghouse on a site to the north of that address.

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

1. That the proposed replacement dwellinghouse, by reason of its scale, siting, impact on the character of the area and lack of access/parking facilities would: (i) be contrary to the Development Control Statement of the Adopted Isle of Arran Local Plan; (ii) represent unsatisfactory backland development which would be contrary to the character and amenity of the area; and (iii) establish an undesirable precedent for replacement of other back houses with houses of inappropriate scale which would be detrimental to residential amenity.

6.2 06/00278/PP: Kildonan: Site to North East of Woodside Farm

Mr. and Mrs. Armstrong, Whin Farm, Kildonan, Isle of Arran have applied for planning permission for the erection of a dwellinghouse for an agricultural worker on a site to the north east of Woodside Farm, Kildonan.

The Committee agreed to grant the application subject to (a) the applicants entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to limit the occupation of the house to a person employed in agriculture or a dependent of such a person residing with him or her; and (b) the following conditions:-

1. That effluent disposal arrangements shall comply with the current code of practice BS6297:1983, to the satisfaction of North Ayrshire Council as Planning Authority. Surface water shall be excluded from the septic tank.

2. That the septic tank shall be located in such a position as will enable it to be emptied by road tanker.

3. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority, samples of the proposed external finishes to be used. For the avoidance of doubt, external walls shall be wet dash rendered and painted and the roof shall be finished in either slate or slate-effect tiles

Page 4 4. That the proposed dwellinghouse shall be provided with an adequate and wholesome water supply, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

5. That visibility splays of 2.5 m x 60 m shall be provided and maintained on land within the applicants' control, such that there is no obstruction to visibility above a height of 1.05 metres measured above the adjacent carriageway level, to the satisfaction of North Ayrshire Council as Planning Authority.

6. That, prior to the occupation of the dwellinghouse hereby approved, the first six metres of the private access road, as measured from the edge of the A841 public road, shall be widened to 5.5 metres and hard surfaced and a passing place shall be provided on the private access road leading to the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

6.3 06/00266/PP: Lamlash: Site to North of Isle Oransay

Barbara Beattie, Lamlash Bay Apartments, Lamlash, Isle of Arran has applied for planning permission for the conversion of a double garage to form a dwellinghouse on a site to the north of Isle Oransay, Lamlash, Isle of Arran. Objections have been received from Mrs. J. Heaney, Primrose Cottage, The Brae, Lamlash, Isle of Arran and Mr. and Mrs. Hendry of Oakbank, 20 Lower Oakfield, Pitlochry.

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

1. That, notwithstanding the plans hereby approved, a turning area shall be formed in an alternative position which avoids the rock face. Prior to the commencement of the development hereby approved, details of the amended turning area shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The approved turning area, shall be implemented prior to the occupation of the dwellinghouse and thereafter maintained, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. The first two metres of the driveway/parking area adjacent to the public road shall be hard surfaced, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That separate, independent connections to the public water supply and public sewer shall be provided to serve the development hereby approved.

Page 5 6.4 06/00317/OPP: Dippin: Site to North East of Grouse Lodge

Alan and Grace Bleakley, Grouse Lodge, Dippin, Isle of Arran have applied for outline planning permission for the erection of a detached dwellinghouse on a site to the north east of that address. A representation has been received from the Forestry Commission Scotland, Bankhead Steadings, Braxfield Road, Lanark.

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

1. That the proposed development would be contrary to Policy ENV1 of the Adopted Isle of Arran Local Plan, in that it would not be occupied by a person employed in agriculture, forestry or other appropriate rural activity and there is, therefore, no specific operational need for a house at this location.

2. That the proposed development would be contrary to a Development Control Statement of the Adopted Isle of Arran Local Plan, in that it would represent an unnecessary intrusion into an area of countryside which would be detrimental to the character of the area and visual amenity.

3. That the proposed development would establish an undesirable precedent for other dwellinghouses in the countryside with no specific locational need, which would be detrimental to the character and appearance of the countryside.

6.5 06/00302/PP: Lamlash: Margnaheglish Area

John Thomson Construction, Park Terrace, Lamlash, Isle of Arran have applied for planning permission for the provision of roads and plots at Margnaheglish Area, Lamlash, Isle of Arran. Representations have been received from A. Stefanuti, 19 Kilbride Road and J. Colquhoun, Millhill Cottage, both Lamlash, Isle of Arran.

The Committee, having considered the terms of the representations, agreed to grant the application subject to 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 dwellinghouse on each plot, shall be obtained before the construction of each dwellinghouse is commenced.

Page 6 2. That the siting of the proposed dwellinghouses shall accord with the details shown on the plans hereby approved and, prior to the commencement of the development hereby approved, the applicants shall submit for the written approval of North Ayrshire Council details of: i) the proposed sequence of plot development; and ii) the developable areas within each plot.

3. 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: i) details and sections through the site showing the extent of cut and fill operations and the finished floor levels of the houses; ii) proposals for a footpath link from the site to the woodland to the east, including details of proposals for maintaining the footpath link during the course of the development and following the completion of the development; and iii) proposals for the provision of an equipped play area to serve the development, including proposals for the subsequent maintenance and management of the play area, which play area shall be provided prior to the occupation of the last house to be constructed on the site.

4. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to North Ayrshire Council as Planning Authority, during all ground disturbance. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record, recover and report items of interest and finds. A Method Statement for the watching brief shall be submitted by the applicant, agreed by the West of Scotland Archaeological Service and approved by North Ayrshire Council as Planning Authority prior to the commencement of the watching brief. The name of the archaeological organisation retained by the developer shall be given to North Ayrshire Council as Planning Authority and to the West of Scotland Archaeology Service in writing no fewer than 14 days before development commences.

5. That all new sections of carriageway shall be 5.5m wide (with the exception of the hammerhead at the turning areas), radii at this shared surface junction shall be 4.5m, entry to the shared surface cul-de-sac shall be via a ramped entry detail, the carriageway at the end of the main cul-de-sac shall be shortened by 5m and the footway at the entrance to the shared surface shall be continued round the radii to the tangent point within the shared surface road, all to the satisfaction of North Ayrshire Council as Planning Authority.

6. That visibility splays of 2.5m X 35m at the internal junction shall be provided and maintained on land within the applicants' 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.

Page 7 7. That a 35m forward visibility sightline shall be provided at all points around the curve of the road, to the satisfaction of North Ayrshire Council as Planning Authority.

8. That, prior to their occupation of the last house to be constructed within the site, traffic calming measures shall be provided over the full length of the new section of road and the existing section of Kilbride Road form its junction with Margnaheglish Road, to the satisfaction of North Ayrshire Council as Planning Authority.

9. That the driveways shall have a minimum length of 6m measured from the heel of either the footway or service strip.

10. That the first 2 metres of the access, measured from the heel of the footway 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.

11. That the proposed footways on either side of the proposed road shall tie in with the width of the existing footways leading to the site, to the satisfaction of North Ayrshire Council as Planning Authority.

12. That no house shall be occupied until the access road leading to the plot has been constructed to wearing course level.

13. That the development shall be provided with a public water supply prior to the occupation of any of the houses.

14. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority a Drainage Assessment which shall be prepared in accordance with the SUDS working party guidelines "Drainage Assessment, A Guide for Scotland" and shall 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 the 10 year return; the extents of differing flood conditions, shown on a site plan, to ensure that no water enters the 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 a suitably qualified person and any works required are a result of the Drainage Assessment shall be undertaken prior to the occupation of any of the dwellinghouses.

Page 8 15. 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 Design Manual for Scotland and Northern 2000" shall be submitted to, and approved by North Ayrshire Council as Planning Authority. Thereafter, any scheme which 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

7. / and Area

7.1 06/00398/ADC: Ardrossan: 15 South Crescent Road

London and Inns, 5th Floor, Meadow House, Medway Street, Maidstone have applied for retrospective advertising consent for the erection of 2 PVC banners to the side of a hotel at 15 South Crescent Road, Ardrossan.

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

1. That the proposed advertisement banners would be contrary to Policy TC8 of The North Ayrshire Local Plan (excluding Isle of Arran) and the approved Advertisement Policy of the Council, as they are considered to be detrimental to the visual amenity of the area by way of appearance and clutter; and

(b) to approve Enforcement Action to secure the removal of the unauthorised signs.

7.2 05/00881/PP: Saltcoats: Burns Avenue: Saltcoats Area 8

Persimmon Homes Ltd, 77 Bothwell Road, Hamilton have applied for planning permission for the erection of 103 dwellinghouses and associated works at Saltcoats Area 8, Burns Avenue, Saltcoats. Objections have been received from Care Services (Arran View Nursing Home), 56 Park Road, Bloxwich, Walsall and Joanna White, 80 Burns Avenue, Saltcoats.

Page 9 The Senior Development Control Officer advised of the proposed removal of Condition 5 and its replacement with a condition requiring a Drainage Assessment.

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) all external finishes to the dwellinghouses and flats; ii) all areas of hard surfacing throughout the site; iii) all boundary fences/walls and plot division fences; and iv) the proposed bin storage arrangements for the flats.

2. 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.

3. 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.

4. 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

Page 10 5. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority, a Drainage Assessment which shall be prepared in accordance with the SUDS Working Party Guidelines "Drainage Assessment, A Guide for Scotland" and shall 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 the 10 ten 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 a suitably qualified person and any works required as a result of the Drainage Assessment shall be undertaken prior to the occupation of any of the residential units hereby approved.

6. 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 Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which may be approved shall be fully implemented prior to the completion of the development and maintained thereafter, to the satisfaction of North Ayrshire Council as Planning Authority. Details of the proposed factor or management agency and a management plan, including risk assessment, 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

7. That visibility splays of 4.5m x 90m at the junction of the site access road with Burns Avenue shall be provided and maintained on land within the applicants' 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.

8. That visibility splays of 2.5m x 35m at all internal road junctions shall be provided and maintained on land within the applicants' 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.

Page 11 9. That, prior to the completion of the development, traffic calming in the form of: i) junction nibs and associated traffic islands shall be provided at both junctions with Burns Avenue; and ii) a chicane provided on Burns Avenue mid-way between the two entrances to Arran View Nursing Home.

10. That the radii at the junction with Burns Avenue shall be 7.5m and all internal radii shall be 6m.

11. That the maximum carriageway gradient shall be 8%.

7.3 06/00362/PP: Stevenston: Kerelaw Road: Site to the North and East of Greenhead Holdings

Mr. J. Duncan, 9 Knockrivoch Wynd, Ardrossan has applied for planning permission for the erection of a detached dwellinghouse and stable block on a site to the north and east of Greenhead Holdings, Kerlaw Road, Stevenston. A representation has been received from Mr. F. Coyle, 3 Greenhead Holdings, Stevenston.

The Senior Development Control Officer advised of the receipt of a letter from the applicant in support of his application.

The Committee, having considered the terms of the representation and letter of support, agreed to refuse the application of the following ground:-

1. That the proposed development would not accord with criterion (a) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran) as, by reason of its design and external appearance, the proposed dwellinghouse would detract from the countryside setting of the surrounding area.

8. Garnock Valley Area

8.1 06/00368/PP: Dalry: 34 Netherlee Crescent

James McColm, 34 Netherlee Crescent, Dalry has applied for planning permission for the erection of an extension to the rear of the semi-detached dwellinghouse at that address. A objection has been received from A. Sunney and Miss V. Flett, 32 Netherlee Crescent, Dalry.

The Planning Services Manager advised of a proposed condition to provide for the treatment of the mutual boundary wall.

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

Page 12 1. That, in relation to roughcasting of the mutual boundary wall with 32 Netherlee Crescent, a method statement, indicating how the roughcasting shall be carried out together with an agreement from the neighbour to the roughcasting of the wall, shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development, failing which, details of an alternative finish to the mutual boundary wall shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.

8.2 06/0083/OPP: Kilbirnie: 2 Main Street

Mr. M. Meechan, 16 Ferenze Avenue, Renfrew has applied for outline planning permission for a mixed residential and commercial development, including demolition, at 2 Main Street, Kilbirnie. An objection has been received from W. Tolly, 1 Bridge Street, Kilbirnie.

The Planning Services Manager requested that consideration of the application be continued for further information.

The Committee agreed to continue consideration of the application to a future meeting of the Committee.

8.3 06/00161/PP: Kilbirnie: 44/46 Holmhead

Wilson Design Associates, 29 Kinesborough Gardens, Glasgow have applied for planning permission for the erection of 4 terraced dwellinghouses and 13 flats with associated access roads and car parking at 44/46 Holmhead, Kilbirnie. An objection has been received from the Church of Scotland Law Department, 121 George Street, Edinburgh. A representation has also been received from Mrs. Irene Whiteman, g/a 42 Holmhead, Kilbirnie.

The Committee, having considered the terms of the objection and representation, agreed to grant the application subject to (a) the applicants entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997, or other agreement as may be deemed appropriate by the Council, to provide for payment to the Council of a commuted sum to contribute towards the provision of play facilities in the area; and (b) 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 full details and/or samples of the proposed external finishes.

Page 13 2. 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.

3. 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.

4. 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 Council's Roads Development Guidelines.

5. That a 2m wide footway shall be provided along the frontage of both developments.

6. That the first 2 metres of the access, measured from the heel of the footway, 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.

7. That the proposed courtyard parking isle shall be a minimum of 6 metres wide.

8. That the proposed pend access shall be a minimum of 5.5 metres wide.

9. That, prior to commencement of works, the applicants shall undertake a desk study of the application site, to assess the likelihood of contamination and assist in the design of an appropriate site investigation. All documentation shall be verified by a qualified Environmental Consultant and submitted for the written approval of North Ayrshire Council as Planning Authority.

Page 14 10. 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 Design Manual for Scotland and Northern Ireland 2000" 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

11. That, prior to the commencement of the development hereby approved, fencing to BS 8537 shall be erected to protect the roots of the beech hedge on the north boundary of the site, and shall be maintained throughout the period of construction, to the satisfaction of North Ayrshire Council as Planning Authority.

8.4 06/00234/OPP: Dalry: Site to the North of 41 Courthill Street

The residents of Parkhill House, 41 Courthill Street, Dalry have applied for outline planning permission for the erection of a one-and-a half storey dwellinghouse and garage on a site to the north of that address.

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

1. That the proposed development would be contrary to Criteria (a) siting, design and external appearance and (b) amenity in the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle Of Arran), in that the development would not offer adequate space for the proposed dwellinghouse and garage and it would create unacceptable overlooking of adjoining properties, all to the detriment of the residential amenity and character of the area.

2. That the proposed development would be contrary to Policy BE5 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that a modern bungalow and garage would be detrimental to the setting of Parkhill House, a Category C(S) Listed Building.

Page 15 3. That the proposed development would affect the roots of and require major pruning works to mature trees which are protected under the North Ayrshire Council (Parkhill House, Dalry) Tree Preservation Order 2005 and which would have an adverse impact on this important group of trees, to the detriment of the character and amenity of the area.

8.5 06/00198/PP: : Site to the North and East of Arran Crescent

Jim Davis, The Meadows, Arran Crescent, Beith has applied for planning permission for the erection of 2 detached dwellinghouses with associated parking on a site to the north and east of that address. Objections have been received from J. A. and Linda Carruthers, No.14 and Mr. and Mrs. T. Steel, No. 12, both Roebank Road, Mr. and Mrs. S. A. Wilkes, No. 23, Mr. and Mrs. Henderson, No.22 and Ms. Claire Tolmie and Ms. Mary Tolmie, No. 12, all Arran Crescent, all Beith and from Mr. and Mrs. Wilkes/Henderson/Carruthers, per Greta M. Roberts, 8 Main Road, Waterside, Kilmarnock.

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

1. That the proposed development would not conform to criteria (a) and (b) of the Development Control Statement in the adopted North Ayrshire Local Plan (excluding Isle of Arran), in that siting of the proposed dwellinghouses would comprise backland development, that their design would be out of character with the surrounding area and that they would have a detrimental effect on the amenity of adjacent houses and the surrounding area through loss of privacy, disturbance and loss of trees.

2. That the proposed development would be contrary to Policy BE 5 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would have an adverse effect on the setting of the listed building, within the grounds of which it would take place.

9. Irvine/ Area

9.1 06/00322/PP: Irvine: Springside: 6 Coachbrae View

Mr. and Mrs. A. Montgomery, 6 Coachbrae View, Springside, Irvine have applied for planning permission for the demolition of an existing conservatory and the erection of an extension to the rear of a semi-detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. Masterton, 7 Coachbrae View, Springside, Irvine.

The Committee, having considered the terms of the objection, agreed to grant the application.

Page 16 9.2 06/00176/PP: Kilwinning: 11-13 Byres Road

Mr. John Healy, 11-13 Byres Road, Kilwinning has applied for planning permission for the erection of an extension to the front of the public house at that address.

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

1. That the proposed development would not accord with Criterion (a) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran) as, by reason of its siting, design and external appearance, the proposed extension would detract from the appearance of the building and the amenity of the surrounding area.

9.3 06/00113/PP: Irvine: Ayr Road: Dundonald Links

Loch Lomond Golf Club, c/o The William Cowie Partnership, 6/7 Albyn Lane, Aberdeen have applied for the erection of licensed golf clubhouse facilities, 17 2-storey golf units, 40 golf lodges, 2 security gatehouses, associated roads, car parking and landscaping at Dundonald Links, Ayr Road, Irvine.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 agreement to restrict the tenure of the residential units and to secure the management and enhancement for conservation of land to the south east of the site boundary; and (b) the following conditions:-

1. That the phasing of the development shall be as set out in Section 4 of the Planning Statement submitted with the application, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

2. That details of the timing of construction works for all phases of development shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority and no construction or engineering works shall take place at times and dates specifically excluded by the approved scheme.

3. 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 external materials and hard surfaces.

4. That, notwithstanding the permission granted by Article 3 of and Class 7 of Part 2 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order), the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any gates, fences, walls, or other means of enclosure within the site.

Page 17 5. That the temporary clubhouse granted by planning permission no. N/05/00140/PP shall be removed and the land restored to its former condition on completion of the clubhouse hereby granted permission or on 30 April 2008, whichever is the sooner.

6. 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.

7. That the residential accommodation shall be constructed to the same standard as, or better than, that outlined in the Noise Impact Assessment by New Acoustics dated 15 March 2006 and submitted with the application, to the satisfaction of North Ayrshire Council as Planning Authority.

8. 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 Design Manual for Scotland and Northern Ireland 2000" shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme which 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

9. That foul drainage from all buildings within the development site shall be connected to the public mains, the exact route of connections to be agreed and confirmed in writing with North Ayrshire Council as Planning Authority and chosen so as to minimise disturbance to notable habitats and species.

10. That there shall be no culverting or diversions of watercourses unless with the written approval of North Ayrshire Council as Planning Authority.

11. That the existing pipelines through the site shall be identified and protected during construction works.

Page 18 12. That, prior to the commencement of any works, details of phasing and future management of landscaping shall be submitted for the approval of North Ayrshire Council as Planning Authority, which plan and proposals shall give details of: (a) the species, planting densities, soil treatment and aftercare of the trees; (b) any existing trees to be removed or thinned; and (c) any safety fences to be erected along perimeter boundaries of the golf courses and practice ground/driving range.

13. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in accordance with the planting scheme to be agreed 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.

14. That no trees or hedges shall be felled unless in accordance with the approved landscaping proposals and landscape management plan.

15. That mitigation measures equal to, or better than, those listed in Section 4 of the Addendum to Ecological Assessment dated February 2001 by the Natural Resource Consultancy shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, they shall be adopted and undertaken during the construction works and the mowing regime shall be incorporated into the management plan, to the satisfaction of North Ayrshire Council as Planning Authority.

16. That no development shall take place west of the historical fence line shown on the approved drawing no. 1100 Issue O (Master Plan), to the satisfaction of North Ayrshire Council as Planning Authority.

17. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation that has been submitted by the applicant and approved by North Ayrshire Council as Planning Authority. Thereafter, the developer 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.

9.4 06/00456/PP: Irvine: Middleton Farm: Plot 4

Mr. B. Lennon, c/o Agents A.D.M., The Stable, Craighead, Dunlop has applied for an amendment to planning approval 04/00097/PP to alter elevations and erect an extension at Plot 4, Middleton Farm, Irvine.

Page 19 The Committee agreed to grant to the application subject to the following condition:-

1. That the boundary fences shall be erected prior to the occupation of the dwellinghouse and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority.

9.5 06/00239/PP: Irvine: : 2 Ramstane Place

Mr. and Mrs. Kennedy, 2 Ramstane Place, Perceton, Irvine have applied for planning permission for the erection of an extension to the side of a detached garage at that address. A representation has been received from M.A. and C.L. Carter, 1 Ramstane Place, Perceton, Irvine.

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

1. That the extension hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

10. North Coast and Cumbraes Area

10.1 05/01117/PP: Fairlie: 25 Main Road

M. Gilfeather, 25 Main Road, Fairlie has applied for planning permission for the erection of an extension to the side of a detached dwellinghouse to form an annexe, erection of new decking, sun room and the erection of a boat house and construction of a slipway at that address. Objections have been received from Mr. and Mrs. C. Dunn, Fairlie House, per J.D. Bannatyne and Campbell, Solicitors, Mr. D. MacDonald, Glaidstone Cottage, No.25 and Dr. J.D.M. Pearson, Craiglyn, No. 25, all Main Road, Fairlie.

The Senior Development Control Officer advised of the proposed deletion of Condition 3.

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 hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority (i) a hydrological survey to assess the impact of the development on the underground watercourse which passes through the site, together with detailed proposals for its protection or diversion and the timing thereof; and (ii) an assessment of the risk of tidal flooding adversely affecting the boathouse hereby approved.

Page 20 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 Design Manual for Scotland and Northern Ireland 2000" 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 as approved and the agreed agency shall only be changed with the consent of the majority of householders and the agreement of North Ayrshire Council as Planning Authority.

3. That the applicant shall ensure that public access over the adjacent coastal path is not unduly obstructed during the course of the development hereby approved.

4. That the glazed section of the southern roof pitch of the extension to the dwellinghouse hereby approved shall be of opaque glazing panels, to the satisfaction of North Ayrshire Council as Planning Authority and shall be maintained in place as such thereafter.

5. That notwithstanding the permission granted by Article 3 of and Class 1 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order) the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any alterations to the boat house hereby approved.

10.2 06/00231/PP: : 3 Crawford Street

Michael Young, Bank Cottage, Ardrossan Road, , West Kilbride has applied for retrospective planning permission for the erection of an extension and 5ft fence to the rear of a ground floor plat at 3 Crawford Street, Largs. An objection has been received from Mr. T. Campbell, 1 Crawford Street, Largs. A representation has also been received from A. G. Binns, 2 Holmwood Flats, Greenock Road, Largs.

The Committee, having considered the terms of the objection and representation, agreed to grant the application.

Page 21 10.3 06/00253/PP: Ardrossan: Glenhead Farm

Mr. W. Killin, Glenhead Farm, Ardrossan has applied for retrospective planning permission for the alteration of ground levels at that address. Objections have been received from Irene Wilson, Low Boydston and Mr. and Mrs. Wilson, Glenhead Farm (Bungalow), both Ardrossan.

The Senior Development Control Officer advised of the receipt of a further letter of objection from the objectors.

Discussion took place on the stability of the ground works undertaken and the treatment of the boundary with the adjacent property.

The Committee, having considered the terms of the objections, agreed to continue consideration of the application to a future meeting for submission of (a) an engineering report on the stability of the banking and any necessary remedial works; and (b) landscape proposals for the embankment adjacent to the boundary with Glenhead Bungalow.

10.4 06/00025/PP: Largs: Fairlie: Construction Yard

Clydeport Operations Ltd, 16 Robertson Street, Glasgow have applied for planning permission for the modification of planning approval CH/01/93/344 to vary Condition 1 to extend the duration of planning permission for a further 5 years at Hunterston Construction Yard, Fairlie, Largs.

On 20 March 2006, the Committee agreed to advise Scottish Ministers that North Ayrshire Council had no objection to varying Condition 1 of Planning Permission CH/01/93/0344. On 10 May 2006, the Scottish Executive Development Department Planning Division advised that they had processed the application under the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997 and that they did not intend to issue direction restricting the grant of planning permission. Given that the 1971 Direction requiring all planning applications for industrial development at Hunterston to be referred to the Secretary of State has been superseded and that the Council is minded to grant consent, the Scottish Executive is of the view that determination of the planning application should rest with the Planning Authority.

The Senior Development Control Officer advised that a consultation response had now been received from the Health and Safety Executive (Nuclear Inspectorate) indicating that they have no objection to the proposal. The Senior Development Control Officer also advised of a proposed amendment to part (i) of Condition 11.

Page 22 The Committee agreed to grant the application subject to the following conditions:-

1. That the planning permission shall expire on 29th May, 2011.

2. That the planning permission shall be restricted to the use and enlargement of the existing building dock; use of the existing site, jetty and buildings; erection and use of other associated buildings and plant which would be located on the site in accordance with the operational demands of the work; and the use of the existing site access and jetty; all for the purpose of the construction, repair and subsequent removal on completion of large marine related structures; and the site shall be used for no other purpose.

3. That, before commencing development, the developer shall obtain the written approval of North Ayrshire Council as Planning Authority regarding: a) the siting, design and external appearance (including colours) of buildings, plant and structures together with a layout plan showing the operational requirements of the site and proposals for open and covered storage of raw materials, finished products and waste; b) the proposed arrangements for the disposal of excavated material from the site; c) the proposed arrangements for the treatment and disposal of effluents and waste products together with plans showing the proposed drainage system for the treatment and disposal of soil and surface water and arrangements for the control of flotsam arising from any work on the site and for preventative measures to avoid pollution of the foreshore; and d) the proposed arrangements for the lighting of the site during dock reconstruction.

4. That, except with the written consent of North Ayrshire Council as Planning Authority, work on the site shall not begin until any approvals necessary under Condition 3 above have been obtained.

5. That all processes and activities shall be carried out in such a manner as to minimise nuisance by way of noise, dust, smell, vibration or pollution of the sea.

6. That no processes or activities shall be carried out which would: a) be incompatible with the nuclear safety arrangements or operations of Scottish Nuclear's Power Station at Hunterston; or b) have an adverse effect on water quality at the intakes of the power station.

7. That no blasting operations or power driving by percussive means shall be carried out on the site between 10.00pm and 7.00am. Specific times for any blasting and/or pile driving by percussive means shall be agreed in writing by North Ayrshire Council as Planning Authority and it shall be the responsibility of the applicant to advertise the agreed arrangements in a newspaper circulating locally in the week prior to the agreed times.

Page 23 8. That, except with the prior approval of North Ayrshire Council as Planning Authority, no dock constructional operations, other than the sinking of piles by other than percussive means, the carrying out of maintenance work on constructional plant and dredging work, shall be carried out on the site between 10.00pm and 7.00am.

9. That the hours of operation of the site for vessel construction and/or repair and the arrangements for the lighting of the site during the hours of operation should be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any further work at the site.

10. That, in the event of reclamation, dock reconstruction or construction work being discontinued for a period in excess of one year, the total site shall be maintained in a tidy and safe condition, to the satisfaction of North Ayrshire Council as Planning Authority.

11. That bathymetric studies of the nearshore and inshore area of Hunterston, Southannan, and Fairlie Sands shall be carried out and shall be submitted at the following intervals: i) within 6 months from the date of this permission; ii) prior to the breaching of the dock embankment if later than 6 months from the date of this permission; and iii) within one year of the reconstruction of the dock embankment, to establish the impact of the operations on local coastal processes, which shall be submitted for the written approval of North Ayrshire Council as Planning Authority together with any measures deemed necessary to mitigate the effects of future dock breaching/reconstruction operations. Thereafter, any such measures shall be implemented within a timescale to be agreed with North Ayrshire Council as Planning Authority.

12. That, within six months from the date of this approval, any redundant buildings or buildings that are no longer fit for their purpose shall be removed from the site, to the satisfaction of North Ayrshire Council as Planning Authority.

13. That, prior to the expiry of this permission, the applicant shall submit details to North Ayrshire Council as Planning Authority of a scheme of remediation to bring the site into some favourable or beneficial use, within an agreed timescale, all to the satisfaction of North Ayrshire Council as Planning Authority.

11. Isle of Arran: Lamlash: Miramar: Tree Preservation Order

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed confirmation of the provisional Tree Preservation Order in respect of the trees located within a site at or about the north eastern boundary of the subjects known as and forming Miramar, Lamlash, Isle of Arran.

Page 24 The Committee agreed to approve, without modification, the confirmation of the Tree Preservation Order.

The meeting ended at 4.20 p.m.

Page 25