Planning Committee 20 March 2006

IRVINE, 20 March 2006 - At a Meeting of the Planning Committee of North Council at 2.00 p.m.

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

In Attendance I.T. Mackay, Assistant Chief Executive, J. Miller, Chief Development Control Officer and M. Lee, Senior Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager and D. Cameron, Planning Officer (Development and Promotion); A. Wattie, Communications and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's).

Chair Councillor D. Munn in the Chair.

1. Declarations of Interest

Councillor Donald Reid declared an interest in items 7.5, 9.4, 9.6, 9.7, 9.8 and 9.9 and left the meeting for those items of business.

A. ITEMS REQUIRING APPROVAL BY COUNCIL

2. /: Population and Residential Trends

Submitted report by the Assistant Chief Executive (Legal and Protective) on the effects of the number of flats being built in Largs and Skelmorlie and the potential for this to create an imbalance in the age of the population.

At present, 45% of dwellings in Largs and 30% of those in Skelmorlie are flats, which is higher than the average. Between 2000 and 2005, 33% of dwellings built in Largs and Skelmorlie were within large flatted developments, which indicates that the percentage of flats within Largs has in fact decreased and only marginally increased in Skelmorlie.

Page 1 There is no apparent bias in new flatted developments towards single bedroom apartments. Both the settlements also have a higher than national and North Ayrshire average number of detached dwellings, with terraced and semi-detached dwellings under-represented.

Both Largs and Skelmorlie have a higher than average and North Ayrshire average number of households with only 2 residents although this trend was apparent in the 1991 census and does not appear to be changing significantly. Skelmorlie does not have a significantly higher percentage of people over pensionable age in comparison with the rest of North Ayrshire and , but Largs does have a higher proportion than the North Ayrshire and Scotland averages by over 10%.

Local Plan policies can, for social and economic reasons, seek to address land release in response to population imbalances, but there is no evidence to suggest that this is justified within Largs and Skelmorlie at this time. The allocated sites within the Local Plan provide sufficient housing land for the plan period. The Ayrshire Joint Structure Plan 2025, which was approved by the Council on 14 February 2006, has an objective to sustain the population of Ayrshire and, to meet this, further housing land release will be necessary after 2012. Flatted development issues relative to specific sites will continue to be dealt with through development briefs and the development control process.

The Committee agreed that the Assistant Chief Executive (Development & Promotion) continue to monitor the position and reflect any changes in subsequent Local Plans.

3. : Dykesmains Road/Murray Avenue: Proposed Closure of Footpath

Submitted report by the Assistant Chief Executive (Legal and Protective) on a request for a Stopping Up Order in respect of the public footpath linking Dykesmains Road and Murray Avenue, Saltcoats.

Local residents have been making representations to the Council for some time seeking the closure of the public footpath between Dykesmains Road and Murray Avenue, Saltcoats. Concerns centre around disruption and damage to property associated with use of the footpath by schoolchildren. The view has been expressed that there is a safe alternative route along the High Road and that, apart from peak times for travel to and from school, the path is little used.

Two surveys by Roads Services confirm that peak usage of the path is immediately before and after school.

Page 2 Strathclyde Police also confirm that there have been a number of reported incidents in the vicinity of the path, although anti-social behaviour in itself is not a legal justification for closure. An alternative route is available along the High Road and, since the opening of the 3 Towns bypass, the volume of traffic using this route has decreased slightly. Educational Services, however, indicate that Academy's Senior Management and School Board would not wish to see increased pedestrian traffic along the High Road.

Under Section 31(1) of the Countryside (Scotland) Act, 1967, closure can be considered if "it is expedient that the path should be closed on the grounds that the path is not needed for public use". Any objections to such closure would require a Local Public Inquiry to be held. Closure would also require some form of physical barrier at either end of the footpath and it is considered that the co-operation of the adjoining proprietors in adopting the ground in question would be essential.

The Assistant Chief Executive (Legal and Protective) advised that a letter expressing the views of local residents had been received from Councillor Samuel Taylor as the Local Member.

Councillor O'Neill, seconded by Councillor J. Reid, moved that the Committee recommend that the Council resolve to promote a Stopping Up Order for the footpath on the ground that it is not required for public use.

As an amendment, Councillor D. Munn, seconded by Councillor Dewar, moved that the Committee recommend to the Council that the public footpath remain open on the ground that there is insufficient justification for closure.

On a division, there voted for the amendment 6 and for the motion 8 and the motion was declared carried.

Accordingly, the Committee agreed to recommend that the Council promote a Stopping Up Order in terms of the Countryside (Scotland) Act, 1967 for the footpath linking Dykesmains Road and Murray Avenue, Saltcoats.

4. Naming New Housing Development by Lorimer Developments Ltd. on a site off Townfoot,

Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development on a site off Townfoot, Dreghorn.

The Committee agreed to name the development "Kennedy Park".

Page 3 5. Naming of Streets within New Housing Developments

Submitted reports by the Assistant Chief Executive (Development and Promotion) on the naming of streets within new housing developments at the following locations:-

5.1 Ardrossan: Site to the North of Keir Hardie Drive: Development by Mactaggart and Mickel Ltd.

The Committee agreed to name the street within the development "Motte Gardens".

5.2 Ardrossan: Site off Montgomerie Street: Development by Persimmon Homes Ltd.

The Committee agreed to name the streets within the development "Glenlight Way", "Dawnlight Circle", "Stormlight Road", "Raylight Place" and "Moonlight Place".

5.3 Urgent Item: e-Planning

The Chair agreed to consider the following item of business as urgent due to the timescales involved.

The Assistant Chief Executive (Legal and Protective) reported on the Government's Efficient Government initiative, e-Government, of which e-Planning forms a part. Until now, local authorities have taken forward e-Planning on an individual basis. However, the Scottish Executive's Planning Division has now proposed submitting a bid in the amount of approximately £8m to the Efficient Government Fund, to assist local authorities in purchasing the necessary hardware and software to take e-Planning forward in a consistent manner.

The proposed funding would meet approximately 75% of the costs involved, with local authorities contributing the remaining 25%. The estimated cost to be met by North Ayrshire Council would be some £87,000. There is existing provision for such expenditure within the Council's Capital Plan for 2006/07.

The Scottish Executive has requested all Planning Authorities to sign a Memorandum of Understanding which, while not legally binding, would indicate the Council's commitment to the proposal.

Page 4 The Chief Development Control Officer provided a practical demonstration of the potential of e-planning, by showing the level of public access currently provided by Edinburgh City Council through its new web portal, including access to the detail of planning applications, information on the status of applications, property searches, maps and the opportunity to comment on applications online.

The Committee agreed (a) that the Assistant Chief Executive (Legal and Protective) be authorised to sign a Memorandum of Understanding and take forward the e-Government proposal on behalf of the Council; and (b) that further reports be submitted to the Committee on progress in due course.

Page 5 B. ITEMS DETERMINED UNDER DELEGATED POWERS

6. Arran Area

6.1 05/01106/PP: Kildonan: Site to the West of Coastguard House 1 and 2

Gary True, 108 Group, Festival Business Park, 150 Brand Street, Glasgow, has applied for planning permission for the erection of a detached dwellinghouse on a site to the west of Coastguard House 1 and 2, Kildonan, . Objections have been received from J. E. & S. Robinson, Castle House, Mr. and Mrs. H.G. Hagan, 1 Coastguard House and Zabdi and Patricia Keen, 2 Coastguard House, all Kildonan, Isle of Arran. An objection has also been received from Arran Community Council, per Campbell Laing, Woodside, , Isle of Arran.

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

1. That full design details of boundary treatments for the site and the mound soakaway shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development hereby approved. Thereafter, the details as may be approved shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the house.

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

3. That the septic tank shall be located in such a position as will enable it to be emptied by road tanker. Surface water drainage shall be excluded from the septic tank.

4. That the proposed dwellinghouse shall be connected to the public 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.

6.2 05/01144/OPP: : Middle Road: Site to the South of Rockholm

Mr. and Mrs. Monteith, Rockholm, Middle Road, Whiting Bay, Isle of Arran, have applied for outline planning permission for the erection of a residential development on a site to the south of that address.

Page 6 Councillor Currie, seconded by Councillor Marshall, moved that the Committee agree to grant the application, subject to conditions to be agreed by the Committee.

As an amendment, Councillor Barr, seconded by Councillor Moffat, moved that the Committee refuse the application on the ground contained within the report.

On a division, there voted for the amendment 9 and for the motion 6 and the amendment was declared carried.

Accordingly, the Committee agreed to refuse the application on the following ground:-

1. That the proposed development would be detrimental to traffic safety in the area as the standard of the roads (geometry and construction) linking the application site to Whiting Bay and the A841 is poor and would require major improvements being carried out to enable any further development to be undertaken in the area.

6.3 05/00977/PP: : Site to the North of Heathfield

John Thomson Construction, Park Terrace, , Isle of Arran, have applied for planning permission for the erection of 6 detached dwellinghouses and the formation of an access road on a site to the north of Heathfield, Blackwaterfoot, Isle of Arran. An objection has been received from Sandra Nicolson, 5 Lochend Avenue, Dunbar on behalf of her father who resides at Burnside, Blackwaterfoot, Isle of Arran.

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

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

2. That, prior to the commencement of the development, a scheme of boundary treatment (including fences and soft landscaping) shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the details as may be approved shall be implemented to the satisfaction of North Ayrshire Council prior to the occupation of each respective house upon which a fence or landscaping is to be provided within the development and retained thereafter.

Page 7 3. That the development 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.

4. That, prior to the commencement of the development, details of the proposed biodisc plant to serve the development, together with a programme of future maintenance, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The maintenance programme shall come into operation following the occupation of any of the houses within the site.

5. That, upon the event of a public sewer being provided to serve the site, the development shall be connected to the public sewer, at the developer's expense, within 12 months of the completion of the sewer, all to the satisfaction of North Ayrshire Council as Planning Authority. In the event of such a connection being made, the biodisc plant shall be removed and the ground restored to its previous condition within 12 months of the completion of the connection to the public sewer, all to the satisfaction of North Ayrshire Council as Planning Authority.

6. That vehicular and pedestrian access to Burnside shall be maintained at all times during construction works and following the completion of the development.

7. That, prior to the commencement of the development, revised details of the junction of the site access road and the A841 shall be submitted for the written approval of North Ayrshire Council as Planning and Roads Authority. Thereafter, the development shall be implemented in accordance with the revised details as may be approved. For the avoidance of doubt, the junction arrangements illustrated on drawing 1112:P.01.a are not hereby approved.

6.4 05/00858/PP: : Site to the North of the Steading

Rutland Property Solutions, 31A Rutland Square, Edinburgh, have applied for planning permission for the erection of a medical centre on a site to the north of the Steading, Shiskine, Isle of Arran. An objection has been received from Colin Mills, Roadend, Shiskine, Isle of Arran. A representation has also been received in support of the proposal from Tom Steele on behalf of NHS Ayrshire and Arran, Brunston House, Ailsa Hospital, Ayr.

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

Page 8 1. That the recommendations contained in the flood risk assessment prepared in support of the application by Scotia Water Services dated 8 February 2006 shall be fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

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 fully 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, 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 to be used.

4. That, prior to the commencement of the development, full details of a landscaping scheme for the development, which shall include details of tree and shrub species, planting densities, soil treatment, aftercare and future maintenance programme shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The scheme as may be approved shall be implemented during the first planting season following the completion of building and engineering operations, and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.

5. That, prior to the commencement of the development, details of the following road alterations shall be submitted for the written approval of North Ayrshire Council as Planning Authority:

(a) a scheme of widening on Rodden Road (ie. the minor road immediately to the south of the site) to 6 metres from its junction of the B880 (String Road) to a point west of the medical centre site access. Radius at junction with B880 (north) to be 7.5 metres.

(b) details of hedges and bushes to be cut back to enable sightlines of 2.5m x 60m to be provided at the site access junction

(c) the provision of 2 no. flexible footways (two metres width) to be constructed on Rodden Road and String Road (B880) to facilitate safe pedestrian movement to and from medical centre.

Page 9 The scheme as may be approved shall be implemented prior to the medical centre coming into use and maintained thereafter, all to the satisfaction of North Ayrshire Council as Planning Authority.

6.5 06/00099/PP: : Site to the North of Ormidale Sports Centre

Duncan Gray, Ambleside, Lamlash, Isle of Arran, has applied for planning permission for the siting of a mobile catering unit to the rear of the sports pavilion on a site to the north of Ormidale Sports Centre, Brodick, Isle of Arran. A representation has been received from Mrs. E. Gillian Currie, Courtside, Brodick, Isle of Arran.

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

1. That the planning permission hereby granted shall enure not for the benefit of the land to which it relates, but for the benefit of the applicant and his catering business only.

2. That the development hereby permitted shall be discontinued on 30 September 2006 and the land restored to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, prior to the commencement of the development, the specification for the power generating equipment shall be submitted for the consideration and written approval of North Ayrshire Council as Planning Authority. The specification shall include details of any sound emitted by the generator (in decibels) in addition to measures for mitigating such sound.

6.6 05/01194/PP: Kildonan: Site to East of Creagraineach

R. Lammie, Creagraineach, Kildonan, Isle of Arran, has applied for planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the east of that address.

The Committee agreed to grant the application subject to (a) the applicant 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, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details or samples of the external finishes to the dwellinghouse.

Page 10 2. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the proposed method for the disposal of septic tank effluent which shall be by means a sub-soil soakaway system, shall require the applicant to carry out percolation testing to assess the suitability of the sub-soil for effluent disposal and shall require surface water to be excluded from the septic tank. The approved drainage arrangements shall thereafter be implemented to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the dwellinghouse.

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

4. That, prior to the occupation of the dwellinghouse hereby approved, the applicant shall: i) submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for the provision of a passing place between the site of the proposed house and the junction with A841; and ii) provide and maintain the approved passing place thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the hedges on either side of the junction of the access track and the A841 shall be cut back to ensure the provision of sightlines of 2.5 metres x 60 metres 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 commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for the provision of an adequate and wholesome water supply for the dwellinghouse, which approved water supply shall be provided for the dwellinghouse prior to its occupation.

7. Ardrossan/Saltcoats/ Area

7.1 06/00008/PP: Stevenston: 11 Road

Mr. and Mrs. J. Dickson, 11 Kilwinning Road, Stevenston, have applied for retrospective planning permission for the erection of a fence to the side of the dwellinghouse at that address. An objection has been received from Mr. Gibb, 9a Kilwinning Road, Stevenston.

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

Page 11 7.2 06/00007/PP: Saltcoats: 41 Raise Street

CASA Construction Ltd., 91 Princes Street, Ardrossan, have applied for planning permission for the erection of 6 dwellingflats with associated car parking at 41 Raise Street, Saltcoats. A representation has been received from Morag Local, 39 Raise Street, Saltcoats.

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

1. 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 fully implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.

2. 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.

3. That the car parking areas shall be formed as illustrated on the plans hereby approved.

4. That a drop kerb footway crossing shall be formed to North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.

5. That the four parking bays on Raise Street 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.

6. That lighting shall be installed within the rear car parking area prior to the occupation of any of the flats, full details of which shall be submitted for the prior written approval of North Ayrshire Council as Planning Authority.

7. That any boundary enclosures on the Raise Street frontage of the site shall not exceed 900mm in height.

8. That no surface water shall issue from the parking spaces onto the public road.

Page 12 7.3 05/00788/PP: Ardrossan: 9 Longcraigs Avenue

Mr. and Mrs. Wardrop, 9 Longcraigs Avenue, Ardrossan, have applied for a modification to planning permission 04/00280/PP to allow the repositioning of the timber boundary fence at that address.

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

1. That the proposed fence would be contrary to Criterion (a) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would be detrimental to the visual amenity of the area by intruding significantly into the openness of the streetscape at this location and, if approved, would set an undesirable precedent for similar development in the area.

2. That the proposed fence would be contrary to Criterion (d) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would be detrimental to road safety by impeding sightlines from the adjacent driveway of no 7 Longcraigs Avenue.

7.4 05/01104/PP: Stevenston: 4 Mayfield Crescent

Mrs. P. Higgins, 4 Mayfield Crescent, Stevenston, has applied for planning permission for the erection of a 2 storey extension to the rear and side of, and demolition of the detached garage at, the semi-detached dwellinghouse at that address. An objection has been received from Mr. and Mrs. W. McKinlay, 3 Mayfield Crescent, Stevenston.

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

1. That the external finishes of the extension hereby approved shall match those of the existing house to the satisfaction of North Ayrshire Council as Planning Authority.

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 of a balustrade to be installed over the rear upper floor french doors.

3. That, prior to the commencement of the development, a 4.8 metre wide footway crossing, with kerbs to be lowered over the width of the access, to North Ayrshire Council Roads Guidelines, shall be provided to provide access to the proposed car parking area to the satisfaction of North Ayrshire Council as Planning Authority.

Page 13 4. That, prior to the occupation of the extension hereby approved, the car parking area indicated on the approved block plan shall be fully formed and thereafter maintained, to the satisfaction of North Ayrshire Council as Planning Authority.

7.5 06/00078/ADC: Ardrossan: 15 South Crescent Road

London and Edinburgh Inns, 5th Floor, Meadow House, Medway Street, Maidstone, have applied for advertising consent for the erection of an awning incorporating signage to side of the hotel at 15 South Crescent, Road, Ardrossan.

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

1. That the proposed awning 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 it would be detrimental to the visual amenity of the area by way of clutter and would have a significant impact on traffic safety.

8. Garnock Valley Area

8.1 05/01175/PP: Dalry: Mill Park: Plot 39

Burnthills Developments Ltd., Castlehill, Howwood, , have applied for planning permission for the erection of a detached dwellinghouse with the formation of associated car parking at Plot 39, Mill Park, Dalry.

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

1. That the proposed development would be detrimental to the amenity and appearance of the area in that it would constitute overdevelopment of the site.

2. That the proposed development would not comply with criteria (a) and (b) of the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the siting and design of the proposed dwellinghouse would be out of character with, and detrimental to, the surrounding dwellinghouses.

8.2 05/00900/PP and 05/00899/LBC: Barrmill: Giffen Mill Viaduct

BRB (Residency Ltd.), Hudson House, Toft Green, York, have applied for planning permission and listed building consent for earthworks and landscaping ancillary to the demolition of Giffen Mill viaduct and demolition of the disused railway viaduct at Giffen Mill Viaduct, Barrmill. An objection has been received from Community Council, per Julie Crook, 3 Lauchlands Grove, Beith.

Page 14 The Committee, having considered the terms of the objection, agreed (a) to grant planning permission 05/00900/PP, subject to the following condition:-

1. That the earthworks and landscaping hereby approved shall be carried out within two months of the completion of demolition works, to the satisfaction of North Ayrshire Council as Planning Authority; and (b) to grant listed building consent 05/00899/LBC, subject to no direction being issued in response to the referral of the application to Historic Scotland.

8.3 06/0001/PP: : Moorpark House

Moorpark Developments Ltd., Moorpark House, School Road, Kilbirnie, have applied for modification to Condition 1 of planning permission 03/01156/PP to allow the use of a hotel as a separate planning unit, along with works to form additional car parking, the formation of mini golf course and croquet lawn, the removal of trees, landscaping and the formation of a new footpath at that address. Objections have been received from B. Wilson, Woodmill, and R. Knowles, West Manse, both School Road, Kilbirnie.

The Planning Services Manager advised the Committee of an amendment to the proposed condition in respect of the footpath on the west side of School Lane, to include the provision of street lighting.

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

1. That no trees or hedges within the revised curtilage attached to Moorpark House hereby approved shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority.

2. That, with regard to condition (1), the applicant is advised that all the trees proposed for felling as shown on drawing (PA) 500 shall not be felled without the further written approval of North Ayrshire Council as Planning Authority. Any approval shall not be considered until such times as a detailed tree survey has been submitted with sufficient information to identify the trees, their species and condition.

3. That replacement trees for those agreed to be felled shall be heavy standard, details of the species and siting to be agreed in writing with North Ayrshire Council as Planning Authority prior to planting.

Page 15 4. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation.

5. That, prior to the commencement of any works to form the extension to the car parking to the west side of the proposed hotel, a revised layout, which retains the existing mature trees around the perimeter, shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority and the approved scheme shall be completed prior to the opening of the hotel.

6. That, prior to the opening of the hotel, the existing footpath on the west side of School Lane shall be extended, in accordance with the North Ayrshire Council Roads Guidelines, to the front of the southern entrance of Moorpark House, to link to the existing footpath within the grounds of Moorpark House, and street lighting shall be installed, to the satisfaction of North Ayrshire Council as Planning Authority.

9. Irvine/Kilwinning Area

9.1 06/00061/OPP: Irvine: Site to the South of Doura View

J. McGinlay, 5 Mews, Southcraigs, Kilmarnock, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the south of Doura View, Irvine.

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

1. That the proposed development would be contrary to Policy ENV 1 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that there is no genuine operational need for a worker to live on the site in pursuance of an established rural business. In addition, the proposed development would have a detrimental effect on the surrounding landscape and would set an undesirable precedent for other similar developments in the countryside.

Page 16 9.2 06/00003/PP: Kilwinning: Site to the North West of 1 McLuckie Drive

Collinton Homes, Muirside Steading, Stevenston Road, Kilwinning, have applied for planning permission for the erection of an office block with associated car parking on a site to the north west of 1 McLuckie Drive, Kilwinning. Objections have been received from Robert McAdam, 10 Brodick Close, George Kerr, 8 Brodick Close, John Hara, 3 McLuckie Drive and Ian Cashmore, 1 McLuckie Drive, all Kilwinning.

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

1. That the proposed development would be contrary to Policy RES10 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) as (a) the locality is predominantly residential and (b) is of a scale and character which would be detrimental to the residential amenity of the area.

2. That the proposed development would be detrimental to traffic safety in the area as the proposed access does not accord with North Ayrshire Council's Roads Guidelines.

9.3 06/00094/OPP: Kilwinning: Site to the East of Eglinton House

Joe and Helen Broussard, Eglinton House, Eglinton Park, Kilwinning, have applied for outline planning permission for the erection of a detached dwellinghouse on a site to the east of that address.

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

1. That the proposed development would be contrary to Policy ENV 1 in the adopted North Ayrshire Local Plan (excluding Isle of Arran), in that there is no genuine operational need for a worker to live on the site in pursuance of an established rural business. In addition, the proposed development would have a detrimental effect on the surrounding landscape and would set an undesirable precedent for other similar developments in the countryside.

2. That the proposed development would be contrary to Policies BE5 and BE11 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as the proposal would have a detrimental impact on the setting of Eglinton House, which is a Category B Listed Building and would adversely affect the setting of the Historic Gardens and Designed Landscape at Eglinton Park, which is included in the Inventory of Historic Gardens and Designed Landscapes.

Page 17 9.4 06/00075/ADC: Irvine: 34-36 High Street

London and Edinburgh Inns, 5th Floor, Meddow House, Medway Street, Maidstone, have applied for advertising consent for the erection of 2 awnings incorporating signage to the side of the public house at 34-36 High Street, Irvine.

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

1. That the proposed awnings would be contrary to Policy TC 8 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran) and the approved Advertisement Policy of the Council in that they would be detrimental to the visual amenity of the area by way of clutter, and would be likely to pose a risk to traffic, by encouraging people to gather under them, and thereby causing an obstruction to the footway.

2. That the proposed awnings would be contrary to Policy BE 1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) as they would detract from the character and appearance of the Conservation Area.

9.5 05/01079/PP: Irvine: Wilson Avenue: Meadow Park

A. McCall, 40 Annick Road, Irvine, has applied for retrospective planning permission for the erection of a 5m high weld mesh fence and the erection of two 7m poles each with 2 floodlights at Meadow Park, Wilson Avenue, Irvine. An objection has been received from Austin Kelly and Co. on behalf of Mary Boyd, 32 Wilson Avenue, Irvine.

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

1. That the use of the floodlights to illuminate the training area for training purposes shall be limited to between the hours of 6.30pm to 8.30pm on Mondays and Wednesdays unless North Ayrshire Council as Planning Authority agree in writing to any variation.

2. That the floodlights hereby approved shall be designed and maintained to minimise light spillage outwith the application site to the satisfaction of North Ayrshire Council as Planning Authority.

9.6 06/00140/PP: Irvine: High Street: Porthead Tavern

Chris Watson, Porthead Tavern, High Street, Irvine, has applied for planning permission for the erection of a retractable awning to the front of the public house at that address.

Page 18 The Committee agreed to refuse the application on the following ground:-

1. That the proposed awning would be contrary to Policies TC 1 and BE 1 and would not comply with the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would detract from the visual amenity of the area and the character and appearance of the conservation area and would be likely to pose a road safety risk by encouraging people to gather under it, thereby reducing the width of the footway.

9.7 06/00077/ADC: Kilwinning: 68-78 Byres Road: Claremont Hotel

London and Edinburgh Inns, 5th Floor, Meadow House, Medway Street, Maidstone, have applied for advertising consent for the erection of 3 awnings incorporating signage to the front and rear of the Claremont Hotel, 68-78 Byres Road, Kilwinning.

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

1. That the proposed awnings would be contrary to Policy TC8 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran) and the approved Advertisement Policy of the Council in that they would be detrimental to the visual amenity of the area by way of clutter and detract from the appearance of the building.

9.8 06/00076/ADC: Kilwinning: 91 Main Street

London and Edinburgh Inns, 5th Floor, Meadow House, Medway Street, Maidstone, have applied for advertising consent for the erection of 2 awnings incorporating signage to the front of the public house at 91 Main Street, Kilwinning.

The Committee 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 advertisement display hereby approved shall be a minimum of 2,250mm above ground level.

9.9 06/00142/PP: Irvine: 53 East Road: The Clubhouse

Chris Watson, The Clubhouse, 53 East Road, Irvine, has applied for planning permission for the erection of a retractable awning to the front of the Clubhouse at that address.

Page 19 The Committee agreed to refuse the application on the following ground:-

1. That the proposed awning would be contrary to Policy BE 1 and would not comply with the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would detract from the character and appearance of the conservation area and would be detrimental to traffic safety in the area, by encouraging people to gather under it, thereby reducing the width of the footway.

10. North Coast and Cumbraes Area

10.1 05/01135/PP: Millport: 51-52 Stuart Street

Alan Shankland, c/o GLG Design, Beech Studio, 10 Berryhill Road, Glasgow, has applied for planning permission for alterations and change of use of shop and cafe to form a cafe incorporating hot food takeaway at 51-52 Stuart Street, Millport, Isle of Cumbrae.

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

1. That the proposed door and window framing shall be finished in painted timber and prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the finishes to doors, windows and the external walls of the building.

2. That the window openings shall be used only for the purpose of creating additional ventilation and shall not be used for the purpose of extending the café area onto the adjoining pavement.

3. That, prior to the commencement of the development, the applicant shall submit for the written consent of North Ayrshire Council as Planning Authority details of proposals for the installation of the flue liner in the existing chimney which should demonstrate that the flue liner will not affect residential properties by reason of noise and vibration. The approved installation details shall be implemented prior to the commencement of the use of the premises hereby approved.

4. That the café and take away business shall not open between the hours of 10pm on any day and 10am on the following day.

Page 20 10.2 05/01163/PP: Largs: 2 Buchanan Street

G. Fox, c/o Clyde Lodge, 2 Buchanan Street, Largs, has applied for planning permission for a change of use from a Nursing Home, including alterations and an extension, to form 8 dwellingflats at that address. Objections have been received from Dominick McKay, The Gables, 4 Buchanan Street and Crawford McDowell, 3 Buchanan Street, both Largs.

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 applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of: i) all external finishes to the extensions and the surface finish to all parking bays and manoeuvring areas; and ii) all plot dividing fences. Any fences which may be approved shall be erected prior to the occupation of each flatted dwellinghouse, and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the occupation of any of the flats, the parking bays and manoeuvring area shown on the plan hereby approved shall be formed and maintained thereafter, all to the satisfaction of North Ayrshire Council as Planning Authority.

3. That visibility splays shall be provided and maintained on each side of the existing access to the A78 to the satisfaction of North Ayrshire Council as Planning Authority. These splays shall be the triangles of ground bounded on two sides by the first 2.4m of the centre line of the access driveway (the set back dimension) and the nearside trunk road carriageway measured 70 metres (the Y dimension) in both directions from the intersection of the access with the trunk road. In a vertical plane, nothing shall obscure visibility measured from a driver's eye height of between 1.05m and 2m positioned at the set back dimension to an object height of between 0.26m and 1.05m anywhere along the Y dimension.

4. That a minimum width of 5.5m shall be maintained at all times at the existing access to the A78.

5. That, prior to the occupation of flat units 1 and 2, the applicant shall: i) submit for the written approval of North Ayrshire Council as Planning Authority details of proposals to increase the corner radius (north) of the junction of Buchanan Street to 7.5 metres with appropriate amendments to the footway and reconstruction of the boundary wall adjoining the footway; and ii) implement the approved junction alterations and associated works to the satisfaction of North Ayrshire Council as Planning Authority.

Page 21 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 height of the dividing fence between the driveways of flat units 1 and 2 shall not exceed 1 metre over the first 5 metres from the heel of the footway.

8. That the first 2 metres of the boundary wall on either side of the access off Buchanan Street serving flat units 1 and 2 shall not exceed a height of 1 metre above carriageway level.

9. That, prior to the occupation of the flats, the manoeuvring area in front of the building for flat units 3 to 8 inclusive shall be constructed to a standard capable of supporting cleansing vehicles with an axle load of at least 11 tonnes.

10.3 05/00959/PP: Largs: Site to the North of 17 Brisbane Glen Road

Mr. and Mrs. Ewing, 6 Chapelton Way, Largs, have applied for planning permission for the erection of a detached dwellinghouse on a site to the north of 17 Brisbane Glen Road, Largs. Objections have been received from W. McElveen, 17 Brisbane Glen Road and J.M. Couper, 1 Windsor Gardens, both Largs. An objection has also been received from Largs Community Council, per Jim Inglis, PO Box 15, Largs.

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

1. That the proposed development would be contrary to Criterion (d) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would be detrimental to road safety in failing to provide adequate sightlines on Brisbane Glen Road.

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

Clydeport Operations Limited, 16 Robertson Street, Glasgow, have applied for the modification of planning approval CH/01/93/344 to vary Condition 1 to extend the duration of the permission for a further 5 years. Objections have been received from Hunterston Estates, per Angus Cochrane Patrick, Hunterston House, and John Riddle, 49 Castlepark Drive, Fairlie. An objection and a representation have also been received from, respectively, West Kilbride Community Council, per John Lamb, 97 Ardrossan Road, and Fairlie Community Council, per S.J. Graham, 21 Montgomerie Drive, Fairlie.

Page 22 The Committee, having considered the terms of the objections and representation, agreed (a) to advise the Scottish Ministers that North Ayrshire Council has no objection to varying Condition 1 of planning permission No. N/06/00025/PP to extend the duration of planning permission for a further five years; and (b) that if the Scottish Ministers are agreeable to varying Condition 1 that they advise the applicants (i) that the other conditions relating to planning permission No. CH/01/93/0344 should remain in force; and (ii) that additional conditions be imposed as follows:-

1. That, within 6 months of the date of this approval, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority a report from a consultant which demonstrates that the marine construction yard, as built, and associated dredging operations have not had and will not have an adverse impact on any coastal processes within coastal sub-cell 6b: Inner to Farland Head.

2. That, within 6 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.

3. 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. Kilwinning: Land at 84 Stevenston Road: Enforcement Notice

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to the unauthorised operation of a storage and book business at 84 Stevenston Road, Kilwinning.

On 21 January 2002, conditional planning permission was granted for the change of use from public open space to allow the erection of a garage and conservatory at the above address. Condition 1 states that "the garage hereby approved shall be used solely in connection with the applicants' wedding car business and shall not be used for any other commercial purposes without the express written consent of North Ayrshire Council as Planning Authority". The wedding car business in question has now ceased trading.

In December 2005, a complaint was received that a storage and book distribution business was being operated from the garage and this was confirmed during a site visit by the Planning Inspector.

Page 23 The applicants were advised verbally and in writing that planning permission was required for this new business use, but no application has been submitted.

The Chief Development Control Officer advised that a letter of support for the storage and book distribution business use had been received from Roger and Avril Frew, 65 Stevenston Road, Kilwinning.

The Committee agreed to approve the serving of an Enforcement Notice in terms of Section 123 (i)(a) of the Town and Country Planning (Scotland) Act, 1997 to stop the operation of an unauthorised storage and book distribution business in terms of planning permission N/01/00623/PP issued on 21 January 2002.

12. Urgent Items: Dalry: Site to the North of 41 Courthill Street (Parkhill House): Tree Preservation Order

The Chair agreed that the following item of business be considered as a matter of urgency due to the timescales involved.

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed confirmation of the provisional Tree Preservation Order at a site to the north of 41 Courthill Street, Dalry (Parkhill House).

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

The Meeting ended at 4.30 p.m.

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