Planning Committee 29 May 2006 IRVINE, 29 May 2006 - At a Meeting of the Planning Committee of North Ayrshire 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 Kilbirnie 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, West Kilbride 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 Scotland 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, Blackwaterfoot, Isle of Arran 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.