Planning Committee 27 May 2008 IRVINE, 27 May 2008 - At a meeting of the Planning Committee of North Ayrshire Council at 2.00 pm. Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, Ian Clarkson, John Ferguson, Ronnie McNicol, Pat McPhee, John Moffat, David Munn, Ryan Oldfather and Craig Taylor. In Attendance R. Forrest, Planning Services Manager, A. Fraser, Manager, Legal Services and M. Lee, Senior Development Management Officer (Legal and Protective); and M. Anderson, Corporate Support Officer (Chief Executive's). Chair Councillor McLardy in the Chair. 1. Declarations of Interest Councillors R. Barr and McNicol declared an interest in Agenda Item 5.2: 05/01146/ADC: Dalry: Kilwinning Road: Dalry Thistle Football Ground and left the meeting for that item of business. Councillor Ferguson declared an interest in Agenda Item 6.8: 08/00146/PP: Kilwinning: 4 Dalry Road and left the meeting for that item of business. 2. Deputations 2.1 07/01076/PP: Largs: Irvine Road: Largs Yacht Haven The Scottish Sailing Institute, Largs Yacht Haven, Irvine Road, Largs, have applied for planning permission for the formation of the sailing dinghy launching area incorporating reclamation of land, construction of launching beach and removal of rock hazards within the tidal zone at Largs Yacht Haven. Twenty-two letters of objection and five letters of support have been received in relation to the proposed development, as listed in full in Annex 1 to the report. Maggie Kelly and Tim Cowen, accompanied by John McCracken, all of the Save Pencil Bay Campaign, addressed the Committee in support of the objections. Mrs Kelly asserted that the development would lead to the devastation of an area of natural beauty and, as such, would be contrary to National Planning Guidance (NPPG13) and Local Plan Policies ENV8 (1) and BE5. Page 1 She indicated that the planned works would have a detrimental impact on the cultural and historical position of the nearby Category B-listed Pencil Monument and would adversely affect tourism and wildlife. Mrs Kelly expressed concerns about public safety issues surrounding the proposed rock armour adjacent to the new slipway, a lack of publicly accessible, detailed information about the application, and about the failure to undertake an Environmental Impact Assessment in connection with the application. Mr Cowen suggested that the projected economic benefit of the development had been exaggerated by the applicants and expressed concern that no feasibility study had been carried out into the possibility of extending the existing slipway, nor had sufficient consideration been given to alternative sites for the development. David Kent and John Ridley, of the Scottish Sailing Institute, accompanied by Ian MacKenzie, Consulting Engineer, addressed the Committee in response to the objectors. They emphasised that the development would not devastate the area, no views would be disturbed, the rock armour would be no higher than that surrounding the marina itself and the grassed area proposed would serve to make the beach more accessible. Public consultation arrangements had met the statutory requirements and advice from the Council indicated that there was no need for an Environmental Impact Assessment. They asserted that estimates of the overall economic benefit to be derived from the development were realistic and that it would have a positive impact on tourism in the area. Finally, they confirmed that several other potential locations for the development had been examined, but only the current site provided the position and infrastructure required. The objectors then responded to statements by the applicants in relation to public safety, economic benefits and public meetings. The Planning Services Manager then outlined the terms of the report, which recommended that the application be granted subject to referral to Scottish Ministers and to conditions detailed within the Appendix to the report. He also advised of the receipt of a further 2 letters of objection, Jane Wilson, 12 Aubery Crescent and Maureen Muir, 42 Sinclair Drive, both Largs, and responded to the issues contained therein. Thereafter, Members asked questions of the objectors, applicants and officers. The Committee expressed the view that, if approved, working times should be restricted by condition. The Committee, having heard the deputation, the applicants and having considered the terms of the objections and letters of support, agreed to grant the application subject to (a) referral to Scottish Ministers and (b) the following conditions unless the Scottish Ministers issue a Direction in response to the referral:- Page 2 1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority (i) detailed proposals for the provision and future maintenance of the proposed open space areas, (ii) a detailed report on samples of the proposed infill material to confirm that it is free of contamination, (iii) amended plans to incorporate the provision of a level surfaced pedestrian access path linking the proposed trolley route to the sandy beach at the foot of the slipway, and (iv) proposed arrangements to allow public access via the access control barrier adjacent to the public car park and to restrict unauthorised vehicle access to the launching beach and adjacent open space area. 2. That no construction works shall be carried during the official bathing season which is defined as being on or between 1st June and 15th September. 3. That the applicant shall give adequate prior notice to North Ayrshire Council Roads Authority of any forthcoming major events which are likely to impact on the adjacent public car parks, to the satisfaction of North Ayrshire Council as Planning Authority. 4. That construction work on the site shall only take place between the hours of 08.00 and 18.00 Mondays to Fridays; 09.00 and 13.00 on Saturdays, and no works shall take place on Sundays or Bank Holidays, unless North Ayrshire Council as Planning Authority gives written consent for any variation. 3. Isle of Arran 3.1 07/00753/OPP: Brodick: Pier Brae: Brodick Nursery The Committee noted that the application submitted by Mr & Mrs C Morrison, Brodick Nursery, Pier Brae, Brodick, Isle of Arran, for outline planning permission for a residential development at Brodick Nursery, had been withdrawn. 4. Ardrossan/Saltcoats and Stevenston 4.1 08/00169/PP: Saltcoats: 7-11 Quay Street and 2 Dockhead Street LNS Investments Ltd, 113 St George's Road, Glasgow, have applied for planning permission for a change of use, alterations and extensions to vacant retail and storage units to form 13 dwellingflats at 7-11 Quay Street and 2 Dockhead Street, Saltcoats. The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement or other suitable arrangement deemed appropriate by the Council to provide a commuted sum for the provision or upgrading of play facilities in the locality; and (b) the following conditions:- Page 3 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 extension, (ii) the surface finish to the car parking and manoeuvring areas and (iii) the design and appearance of the proposed bin storage areas. 2. That, prior to the commencement of the use of the flats hereby approved, the proposed footway on Quay Street shall be widened to approximately 1.6 to 2.2 metres, leaving a carriageway width of 3.5 metres along the extents of the development and, thereafter, the new kerb line shall tie into Dockhead Lane using an appropriate radius and taper into the existing kerb line to the north of the development, all to the satisfaction of North Ayrshire Council as Planning Authority. 3. That, prior to the occupation of any of the flats hereby approved, a minimum service strip of 0.5 metres shall be retained on Dockhead Lane along the full extents of the application site, to the satisfaction of North Ayrshire Council as Planning Authority. 4. That the parking and manoeuvring areas shall be designed in such a way that no surface water shall issue from them on to the public carriageway. 5. That, prior to the commencement of the development hereby approved, details of a scheme to treat the surface water arising from the site in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority. Thereafter, any scheme 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. 5. Garnock Valley 5.1 08/00289/PP: Beith: Threepwood Road: Site to South West of Grangehill Peter Ross, Grangehill, Threepwood Road, Beith, has applied for retrospective planning permission for the siting of a static caravan for an agricultural worker for a temporary period (2 years) on a site to the south west of Grangehill, Threepwood Road, Beith. The Committee agreed to grant the application subject to the following condition:- 1. That the caravan hereby permitted shall be removed and the land restored to its former condition on or before 31 May 2010 or the occupation of the dwellinghouse approved under outline planning permission 08/00115/OPP, whichever is the earlier. Page 4 5.2 05/01146/ADC: Dalry: Kilwinning Road: Dalry Thistle Football Ground Dalry Thistle Football Club, per the Secretary, Bernard Rocks, 25 Courthill Street, Dalry, has applied for retrospective advertising consent for the erection of static advertisements board at Dalry Thistle Football Ground, Kilwinning Road, Dalry. The Committee agreed (a) to refuse the application on the following ground:- 1.