Planning Committee 5 September 2005 IRVINE, 5 September 2005 - At a Meeting of the Planning Committee of North Ayrshire Council at 11.00 a.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 (from Item 6), Donald Reid and Ian Richardson. In Attendance I. Snodgrass, Chief Executive (Item 6); J. Travers, Corporate Director (Items 6-8), J. Tulips, Project Team Leader (Items 6-8), G. Wallace, Project Officer (Technical)(Items 6-8), S. Storrie, Project Officer (Education)(Items 6-8), L. Morton, Project Officer (Finance)(Items 6-8) and J. Findlay, Project Officer (Legal) (Educational Services)(Items 6-8); I.T. Mackay, Assistant Chief Executive (Items 6-8), A. Fraser, Manager Legal Services, J. Miller, Chief Development Control Officer and M. Lee, Senior Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); A. Wattie and M. Gilmour, Communications Officers and S. Bale and M. Anderson, Corporate and Democratic Support Officers (Chief Executive's). Chair Councillor David Munn in the Chair. Apologies for Absence Robert Rae and John Reid. A. ITEMS DETERMINED UNDER DELEGATED POWERS 1. Deputation 05/00566/PP: Irvine: Littlestane Road: Site to the North of 3 Kames Court MM02 Limited, Craig House, Mason Street, Motherwell, have applied for planning permission for the erection of a 15m high flexicell2 telecommunications column and associated equipment on a site to the north of 3 Kames Court, Littlestane Road, Irvine. 129 letters of objection have been received as detailed in Annex 1 to the report. Page 1 On 15 August 2005, the Planning Committee considered and determined this planning application on the basis that, although the development relates to development on a road verge owned by the Council, the Council has no financial interest in the development and, in terms of the Communications Act, the applicants do not require the consent of the Council as the Roads Authority to erect a telecommunications mast at this location. However, in terms of the Town and Country (Notification of Applications) (Scotland) Direction 1997, the Council's ownership of the verge in question means that, where the application has been subject to a substantial body of objections, the Council cannot grant it without referral to Scottish Ministers. Accordingly, the Committee's decision of 15 August 2005 to grant the application without referral to Scottish Ministers would have contravened the Notification Direction. The Committee unanimously agreed to suspend Standing Orders to allow reconsideration of the application. The Chair advised that a request had been received previously from objectors to the application to address the Committee on behalf of objectors. The Chair confirmed that he had agreed that the deputation be heard in terms of the Procedures and Guidance for objectors to planning applications and that the applicants had also been invited to attend the meeting. Gregor Clark and Graham Crichton addressed the Committee on behalf of local residents and Lawthorn Primary School Board respectively, in support of their objections. Mr. Clark asserted that there were, in fact, 147 objectors to the application, the majority of whom lived in Girdle Toll and Lawthorn and 45 of whom lived within 500 metres of the site in question. Mr. Clark referred to the Council's Local Plan which designates the land in question for leisure and open space and as such the application is contrary to the Plan. He referred to the loss of amenity which would result from the size of the proposed mast in close proximity to houses, some of which are only 31 metres from the proposed mast and not 60 metres as stated in the report, and the lack of adequate year-round screening and thus the unacceptable visual impact. Mr. Clark suggested that the precautionary principle apply to objectors' concerns about possible health risks associated with the mast, on the grounds that anxiety over a potential risk constituted an illness in itself, regardless of whether or not actual risk itself could be established. Mr. Clark also referred to the refusal by East Dunbartonshire Council of 3 such applications on similar grounds. He sought that the application be refused for the reasons given. On behalf of Lawthorn Primary School Board, Graham Crichton referred to the volume and strength of feeling against the proposed development by staff and parents of the school due to concerns about perceived health risks associated with the development. Page 2 Ken Leitch, Community Liaison Officer, MM02 Limited, accompanied by Chris Weir, Surveyor, Pentland Chartered Surveyors, then addressed the Committee in response to the objectors. Mr Leitch advised that a mast is required in this area to allow MM02 Limited to fulfil its licence obligations in terms of cell coverage for 3rd generation mobile phone technology. An alternative approved site located at Lawthorn Farm Public House is now no longer considered feasible as agreement cannot be reached on site arrangements. The current site has been selected by the company on the basis of available screening from trees, the presence of other street furniture in the area and its location further away from Lawthorn Primary School than other potential sites. The beam of greatest intensity will not fall on the school building or premises and output from the mast will fall well below established safety limits. Mast sharing had been considered at another site, but was unsuitable. 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 confirmed the inaccuracies contained within the report, accepting Mr Clark's assertion that the total number of objectors was 147 and not 129, as stated in the report, that the distance between the proposed development and the nearest houses was 30-40 metres rather than 60 metres as stated and that the site was on the boundary between housing and leisure/open space in the Adopted Local Plan and leisure/open space in the Finalised Local Plan. The Planning Services Manager advised that further letters of objection had been received from Councillor Jane Gorman and Brian Donohoe MP. The Committee then asked questions of the objectors, applicants and officers. The Committee, having heard the deputation, the applicant's representatives and having considered the terms of the objections, agreed to grant the application subject (a) to referral to Scottish Ministers and (b) the following conditions unless the Scottish Ministers issue a direction in response to the referral:- 1. That, within six months of the equipment becoming obsolete or redundant, it must be removed and the site reinstated to the satisfaction of North Ayrshire Council as Planning Authority. 2. That all equipment shall be located a minimum of 450mm from the adjacent carriageway. Page 3 2. Arran Local Plan Area 2.1 05/00635/RMA: Lamlash: Arran High School Hochtief PPP Solutions (UK) Limited, 4th Floor, 39 Praed Street, London, have submitted a reserved matters application for the erection of a secondary school with associated works at Arran High School, Lamlash, Isle of Arran. A letter of representation has also been received from Miss G.M. Harris, 11 McKelvie Road, Lamlash, Isle of Arran. The Chief Development Control Officer advised that a further letter of representation has been received, from Brenda Stewart, Lamlash Improvements Group, c/o Millhill Front House, Shore Road, Lamlash, Isle of Arran. The Committee, having considered the terms of the objection and representations, agreed to grant the application subject to the following conditions:- 1. That, prior to the commencement of the development hereby approved, a revised geometry of the access/egress as detailed in the transport assessment, and details of the in/out signing at the entrance/exit, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority. 2. That, prior to the commencement of the development hereby approved, details of the disposal of surface water arising from the site to the public sewer, or of a scheme to treat it 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. 3. 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. 4. That no development shall take place until there has been submitted to and approved by North Ayrshire Council as Planning Authority a revised scheme of landscaping,