Planning Committee 16 January IRVINE, 16 January At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m.

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1 Planning Committee 16 January 2006 IRVINE, 16 January At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present David Munn, 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 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 and R. McAlindin, 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. Apologies for Absence Tom Barr. 1. Minutes The Minutes of the Meetings of the Committee held on (i) 14 November; and (ii) 5 December 2005, copies of which had previously been circulated, were confirmed. A. ITEMS REQUIRING APPROVAL BY COUNCIL 2. Conservation Areas: West Kilbride and Skelmorlie The Committee received a presentation from Gordon Fleming of Consultants ARP Lorimer and Associates on the factors taken into account in considering the proposed West Kilbride Conservation Area and the extension of the Skelmorlie Conservation Area, including the re-examination of Tree Preservation Orders. Mr. Fleming gave examples of a number of considerations, such as the quality and historical interest of the built environment, as well as the character of streets and boundary treatments. Page 1

2 Mr. Fleming circulated summary documents on the Conservation Area assessment for West Kilbride and the Conservation Area appraisal for Skelmorlie and Upper Skelmorlie. Noted. 2.1 West Kilbride: Designation of Conservation Area Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed designation of a Conservation Area in West Kilbride. The Adopted North Ayrshire Local Plan (excluding Isle of Arran) contains a proposal, Policy BE4(a), to designate a Conservation Area within the centre of West Kilbride and a proposed boundary is shown on the Adopted Local Plan. Consultants ARP Lorimer, having conducted an independent study of West Kilbride, recommend the establishment of the Conservation Area boundary set out in the Appendix to the report. Designation of a Conservation Area gives greater control over trees, demolition of buildings and new development. More stringent planning controls can also be established within a Conservation Area through Article 4 Directions which can remove certain permitted development rights within the boundary to ensure that key characteristics and features of the area are protected. In the case of West Kilbride, ARP Lorimer recommend that protection should be in place for window/door replacements and boundary fences/walls/gates to the front of buildings. The Committee agreed (a) to designate an area in West Kilbride as shown in the Appendix to the report as a conservation area with an Article 4 Direction to provide additional control; 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 proposals and report the outcome to a future meeting of the Committee. 2.2 Skelmorlie: Conservation Area Audit Submitted report by the Assistant Chief Executive (Development and Promotion) on a proposed alteration to the boundary of the designated Conservation Area in Skelmorlie. Page 2

3 The Adopted North Ayrshire Local Plan (excluding Isle of Arran) contains a proposal, Policy BE4(b), to commence a programme of Conservation Area appraisals. In this context, a review has been undertaken in Skelmorlie by consultants ARP Lorimer. They recommend a minor alteration to the boundaries of the existing Skelmorlie Conservation Area as shown in the Appendix to the report, as well as the consolidation of the Tree Preservation Order areas within the town. When the Conservation Area was originally designated, an Article 4 Direction was put in place to remove specific development rights, comprising the erection, construction, maintenance, improvement or alteration of a gates, fences, walls or other means of enclosure situated within the boundary. It is proposed that this Direction extend to the revised boundary. The Committee agreed (a) to alter the existing boundary of the Conservation Area in Skelmorlie as shown in the Appendix to the report the report and extend the existing Article 4 Direction to provide additional control; (b) that the Assistant Chief Executive (Development and Promotion) undertake the necessary advertisement and other public consultation procedures to consult the public and other interested parties on the proposals and report the outcome to a future meeting of the Committee; and (c) to authorise designation of additional TPOs as shown in the Appendix to the report. 3. Consultation Paper on Defining Marine Boundaries for Fish Farming Submitted report by the Assistant Chief Executive (Development and Promotion) on the consultation paper on Defining Marine Boundaries for Fish Farming which seeks views and proposals for the designation of marine boundaries in coastal and transitional waters. The designation of marine boundaries and coastal and transitional waters for marine fish farming is to be welcomed, as boundaries will identify areas of responsibility for Planning Authorities with regard to marine fish farming. There are no concerns arising from the boundary proposed for the North Ayrshire zone, including the resolution of a small anomaly between the North Ayrshire and Inverclyde boundaries. It is not anticipated that the Executive's intention to extend planning powers out to the 12 nautical mile limit will have a significant impact on North Ayrshire. When the proposals are introduced, the Council will require to prepare a Local Plan policy covering fish farm development. The marine boundary will also require to be incorporated into Local Plan maps. Page 3

4 The Committee agreed to approve the responses set out in Appendix 1 to the report for submission to the Scottish Executive. 4. Naming of New Housing Development by Consort Homes Ltd. on a site off Shore Road, Skelmorlie Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development on a site off Shore Road, Skelmorlie. The Committee agreed to name the development "Chaseley Gardens". Page 4

5 B. ITEMS DETERMINED UNDER DELEGATED POWERS 5. Arran Local Plan Area /01003/LUE: Brodick: Corriegills: Corriegills Road: Site to the South of Altbeg Alistair McPherson-Rait, 1 Stanley Avenue, Paisley, has applied for a Certificate of Lawfulness for existing use as a holiday caravan on a site to the south of Altbeg, Corriegills, Corriegills Road, Brodick, Isle of Arran. The application relates to a static caravan granted planning permission for a temporary period of 5 years on 28 March 1989 and conditional upon it being for the personal benefit of the applicant, used for purposes incidental to the enjoyment of the adjacent dwellinghouse and the caravan being removed and the land reinstated to its former condition on or before 1 April The caravan was not removed and has remained on site since it was originally placed there. The application for a Certificate of Lawfulness has been made in order that the applicant can receive formal certification from the Planning Authority that the caravan is a lawful development, making it immune from enforcement action to remove it or against any failure to meet the terms of any planning conditions or limitations previously imposed. The applicant has instead provided adequate documentation to reflect that the caravan has been used for holiday purposes for a period of almost 20 years. The Committee agree to issue a Certificate of Lawfulness for the use of the caravan on the site to south of Altbeg, Corriegills for holiday purposes on the basis that the caravan has been sited more than ten years prior to the date of this application and, as such, is immune from enforcement action /00846/PP: Kildonan: Site to the North and East of Osprey Cottage Mr. and Mrs. J. Miller, 12 Benlister Road, Lamlash, Isle of Arran, have applied for planning permission for the change of use of agricultural land to a retail market garden, the siting of a caravan and the formation of vehicular access on a site to the north and east of Osprey Cottage, Kildonan, Isle of Arran. Objections have been received from John Van Bogerijen, Woodend, T. Southall, Osprey Cottage and Ms. Susan Gaffney, The Glen, all Kildonan, Isle of Arran. Page 5

6 The Committee, having considered the terms of the objections, agreed (a) to refuse the application on the following ground:- 1. That the proposed development would be contrary to Policy ENV1 and the Development Control Statement of the Adopted Isle of Arran Local Plan, in that there is no need for the proposed caravan which would be prominently sited in an area of relatively open countryside and, by reason of its siting, design and external appearance, would be detrimental to visual amenity and would establish an undesirable precedent for further unsatisfactory development within the countryside. and (b) to pursue enforcement action to secure the removal of the unauthorised caravan /00933/PP: Lamlash: Briarbank James Gordon, Briarbank, Lamlash, Isle of Arran, has applied for planning permission for the erection of an extension to the rear and side of a detached dwellinghouse at that address. An objection has been received from Allan McArthur, 809 Balmoral Court, Friendswood, USA. The Committee, having considered the terms of the objection, agreed to grant the application /01114/PP: Whiting Bay: Craigard Ms. Heather White and Ms. Mary Kelly, Craigard, Whiting Bay, Isle of Arran, have applied for planning permission for the erection of a single storey extension to the side of a semi-detached dwellinghouse at that address. A representation has been received from Mrs. S. McGrievy, Woodside, Whiting Bay, Isle of Arran. The Committee, having considered the terms of the representation, agreed to grant the application subject to the following condition:- 1. That due care shall be taken when excavating the foundations for the extension hereby approved, to minimise disturbance and damage to existing services located within the driveway serving the applicants' house. Page 6

7 6. Ardrossan/Saltcoats/Stevenston Local Plan Area 05/00394/PP: Ardrossan: 26A Dalry Road Vodafone (UK) Ltd., per Waldon Telecom, 175 West George Street, Glasgow, have applied for planning permission for the installation of 3 no 2G antennae and 3 no 3G antennae on a steel frame mounted support poles attached at a height of 9m to the building at 26A Dalry Road, Ardrossan. 142 letters of objection have been received as detailed in Annexe 1 to the report. A petition containing 3241 signatures has also been received from the James McFarlane School Board. A site familiarisation visit was undertaken by the Planning Committee in respect of this application. The Committee, having considered the terms of the objections, agreed (a) to grant the application subject to (i) verification by the Legal Services Manager of ownership issues in respect of the application site; and (ii) the following condition:- 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. and (b) that the Legal Services Manager provide information to a future meeting of the Committee on the monitoring procedures carried out by other regulatory bodies. 7. Garnock Valley Local Plan Area 05/00290/PP: Dalry: Swinlees Quarry Barr Ltd., 100 Inchinnan Road, Paisley, have applied for planning permission for the extension of an area for mineral extraction, formation of additional settlement lagoons and landscaping works at Swinlees Quarry, Dalry. Objections have been received from John Liechti, South Hourat Farm, N.J. Quick, Langside Farm, William Speir & Son, Burn Farm (per James Patrick & Muir, 44 New Street), Mr. and Mrs. W. Meek, Lawside Cottage, and David Kennedy, Thorneyside Farm (per James Patrick & Muir, 44 New Street), all Dalry. A site familiarisation visit was undertaken by the Planning Committee in respect of this application. Page 7

8 The Senior Development Control Officer advised of an amendment to the proposed pre-condition, following discussion with the applicants, to include the setting up of a Site Liaison Committee within the proposed Section 75 Agreement. The Committee expressed the view that the hours of operation of the site Monday to Friday should be limited to 7.00 a.m. until 6.00 p.m. The Committee, having considered the terms of the objections, agreed to grant the application subject to (a) a legal agreement under Section 75 of the Town and Country Planning (Scotland) Act 1997 being entered into by the applicant and North Ayrshire Council to secure a bond for the restoration of the site, contributions towards carriageway improvements/upgrading and future road maintenance requirements and the establishment of a Site Liaison Committee for the site; and (b) the following conditions:- 1. That, prior to the commencement of any work outwith the existing site boundary, full details of restoration and after-use of the site, including programming, shall be submitted for the written approval of 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 the development hereby permitted shall be discontinued and the land restored in accordance with the approved details at or before 31 March 2016 all to the satisfaction of North Ayrshire Council as Planning Authority. 3. That, prior to the commencement of any work outwith the existing site boundary, a plan showing the proposed programming of work, including the positioning of equipment and stockpiles as work progresses, shall be submitted for the written approval of 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. 4. That the use hereby permitted shall operate only between the hours of 7am and 6pm Monday-Friday, 7am and 1pm Saturday and shall not operate on Sundays or public holidays, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation. There shall be no movement of vehicles into or out of the site outwith the permitted hours. Essential maintenance works may be carried on outwith these times provided they do not result in noise intrusion at any noise sensitive premises. Page 8

9 5. That noise levels generated by the quarry operations and other noise on site measured 1 metre in front of the most exposed façade of any noise sensitive property shall not exceed 55dB LAeq (1 hour), to the satisfaction of North Ayrshire Council as Planning Authority. 6. That, prior to the commencement of any work outwith the existing site boundary, details of measures to be taken to minimise the emission of dust from the site shall be agreed in writing with North Ayrshire Council as Planning Authority and implemented thereafter throughout the working life of the quarry. 7. That adequate wheel washing facilities shall be provided, and open vehicles carrying materials shall be sheeted before leaving the site, to ensure that vehicles leaving the site shall not deposit deleterious material onto public roads. 8. That each blast shall be designed, and the maximum instantaneous charge controlled, so that the air over pressure is minimised and the peak particle velocity of the ground vibration shall be less than 8.5mm per second for at least 90% of the proposed blasts. No blast shall give rise to a vibration that has a peak particle velocity in excess of 12.7mm per second. 9. That compliance with the standards in Condition 8 shall be determined by calculation in advance of any proposed blast or by objective monitoring of each blast within any vibration sensitive premises. Blast vibration calculations and monitoring data shall be made available to the Council's Chief Environmental Health Officer or his/her representative. No blasting shall take place outwith the period 10am to 4pm Monday to Friday. Where practicable, each blast shall be scheduled to take place at the same time of day. 10. That there shall be no more than three blasting operations each week and no more than one blasting operation in any day. 11. That the presence of any significant unsuspected contamination that 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. Page 9

10 12. That, prior to the commencement of any work outwith the existing site boundary, the operator shall submit for the written approval of North Ayrshire Council as Planning Authority a management plan/method statement for pollution prevention and environmental management of the site in accordance with SEPA's Pollution Prevention Guidelines. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority. 13. That, prior to the commencement of any work outwith the existing site boundary, the operator shall submit for the written approval of North Ayrshire Council as Planning Authority details of measures to minimise the effects of blasting on groundwater, to protect Swinlees Burn from dewatering as the quarry extends towards it, and to monitor, report and carry out remediation works in relation to the effects of operations, including blasting, on groundwater. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority. 14. That the proposed settlement lagoons shall be lined, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to their formation. 15. That, prior to the commencement of any work outwith the existing site boundary, details of the composition and terms of constitution of a Site Liaison Committee involving local land and property owners shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented and maintained throughout the life of the quarry, to the satisfaction of North Ayrshire Council as Planning Authority. 16. That no works related to the stripping of overburden from the proposed extension area shall take place between April and June inclusive in any year. 17. That the translocation of the waxcap fungi within the overall site shall be carried out following the advice of Scottish Natural Heritage, to the satisfaction of North Ayrshire Council as Planning Authority. Page 10

11 18. That no development shall take place within the approved extension area until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service 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 in agreement with the West of Scotland Archaeology Service. 19. 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 and screening, 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. 20. 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. 8. Irvine/Kilwinning Local Plan Area /00647/PP: Kilwinning: 40 Fergushill Road R. Belshaw & S. Todd, 40 Fergushill Road, Kilwinning, have applied for planning permission for the erection of a one and a half storey extension to the rear of a dwellinghouse at that address. The Committee agreed to refuse the application on the following ground:- 1. That the proposed development does not accord with the Development Control Criteria of the Adopted North Ayrshire Local Plan (Excluding Isle of Arran) as due to the scale and location the proposal would overdominate and overshadow the adjacent dwellinghouse, and represent overdevelopment of the site and would be out of character with the area. Page 11

12 8.2 05/00996/PP: Irvine: Dreghorn: 22 Annick Road The Committee noted that the application submitted by M.r and Mrs. Roberts, 22 Annick Road, Dreghorn for planning permission for the erection of a single storey extension to the rear of a flatted dwellinghouse at that address, had been withdrawn /01030/PP: Irvine: 8 Gottries Road Mr. McGregor, 8 Gottries Road, Irvine, has applied for planning permission for the erection of a conservatory to the rear of a dwellingflat at that address. 2 letters of representation have been received, both from Brian Merry, 8 Gottries Road, Irvine. The Committee, having considered the terms of the representations, agreed to grant the application /00723/PP: Kilwinning: Auchentiber: Brummel Cottage Mr. and Mrs. A. Cairns, Brummel Cottage, Auchentiber, Kilwinning, have applied for planning permission for the erection of a double garage incorporating a private gym on the upper floor at that address. The Committee agreed to refuse the application on the following ground:- 1. That the proposed development would be contrary to the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran) by reason of its scale, siting, design and external appearance and would result in the creation of a visually prominent building that would not be in keeping with the design and appearance of existing neighbouring buildings and would, therefore, be detrimental to the amenity of the area /01137/PP: Irvine: 18 Caldon Road Mr. and Mrs. Clancy, 18 Caldon Road, Irvine, have applied for planning permission for the erection of an extension to the rear of an end-terraced dwellinghouse at that address. An objection has been received from Stephen and Carol Ann Hughes, 20 Caldon Road, Irvine. The Committee, having considered the terms of the objection, agreed to grant the application. Page 12

13 8.6 05/01011/PP: Irvine: Site to the North West of 57 Duntonknoll A. Arcaro, 6 Academy Road, Irvine, has applied for planning permission for the erection of 2 semi-detached dwellinghouses with associated parking on a site to the north west of 57 Duntonknoll, Irvine. An objection has been received from W. & J. Cunninghame, 42 Duntonknoll, Irvine. A petition has also been received containing 6 signatures from adjacent residents in both Duntonknoll and Vineburgh Avenue, Irvine. 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 details and samples of the proposed external finishes. 2. That, prior to the commencement of the development hereby approved, details of the boundary enclosures shall be agreed in writing with North Ayrshire Council as Planning Authority. The approved boundary enclosures shall be erected prior to the occupation of the dwellinghouses and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority. 3. That, prior to the commencement of the development hereby approved and notwithstanding the car parking layout indicated in the submitted plans, details of the dimensions and surface finishes of the car parking spaces shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The car parking spaces shall be provided prior to the occupation of the dwellinghouses and, thereafter, maintained to the satisfaction of North Ayrshire Council as Planning Authority. 4. That, notwithstanding the requirements of Condition No. 3, the first 5 metres of the accesses, 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 accesses onto the 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 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. Page 13

14 6. That any unsuspected contamination which becomes evident during construction shall be brought to the attention of North Ayrshire Council as Planning Authority together with measures for the disposal of the contaminated material. 9. North Coast and Cumbraes Local Plan Area /00782/PP: Ardrossan: Glenhead Farm M. Aziz, 18 Well Street, Paisley, has applied for planning permission for the conversion of farm buildings to form 3 dwellinghouses at Glenhead Farm, Ardrossan. Objections have been received from William, Gloria and Diane Killin, Glenhead Farmhouse, Ardrossan and West Kilbride Community Council, per J.G. Lamb, Chairman, 97 Ardrossan Road, Seamill, West Kilbride. 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 the Development Control Statement contained within the Adopted North Ayrshire Local Plan (excluding Isle of Arran) in that, by reason of its design, it would have adverse consequences for the amenity of both the occupiers of the proposed houses and the neighbouring house/business /01041/PP: Skelmorlie: 17 Montgomerie Terrace Roger Sykes, 17 Montgomerie Terrace, Skelmorlie, has applied for planning permission for the erection of an extension to the side of a ground floor flat at that address. 2 representations have been received from Ms. Ferguson and Mr. Davies, both on behalf of Mrs. Davies, the owner of 19 Montgomerie Terrace, Skelmorlie. The Committee, having considered the terms of the representations, agreed to grant the application subject to the following conditions:- 1. That the external finishes to the extension shall match those of the existing dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority. 2. That, prior to the commencement of the development, full details of the windows of the extension hereby approved, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. Notwithstanding the details submitted, the window frames shall be coloured white, to the satisfaction of North Ayrshire Council as Planning Authority. Page 14

15 9.3 05/00957/PP: Millport: 54 Howard Street: Summer Cottage Ms. Barbara H. Norton, 54 Howard Street, Millport, Isle of Cumbrae, has applied for planning permission for the erection of a 2 storey extension to the side, relocation of the existing garden shed and the erection of a 1.4 metre high fence and a 1.64 metre high gate to the front of the detached dwellinghouse at that address. The Committee agreed to refuse the application on the following grounds:- 1. That the proposed development constitutes overdevelopment of the site to the detriment of the residential amenity of the dwellinghouse. 2. That the absence of any off road parking provision to serve the proposed development would be contrary to the Development Control Criteria in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as the proposal would not accord with the Council's Roads Development Guidelines, and would be detrimental to traffic safety in the area /00988/PP: Largs: 3-5 Sinclair Terrace Alan and Tanya Forster, 3 Sinclair Terrace, Largs, have applied for planning permission for the change of use from open space to form garden ground and the erection of a 2m high timber fence at 3-5 Sinclair Terrace, Largs. The Planning Services Manager advised that, as the ground in question is owned by North Ayrshire Council, the Housing Service has carried out consultation with householders and tenants within the area, during which wider interest had been expressed in the acquisition of this land by other householders. In the light of this, he recommended that consideration of the application be continued. The Committee agreed to continue consideration of the application to a future meeting /00808/OPP: Skelmorlie: Skelmorlie Castle Road: Former Lower Reservoir D. McLaughlin & Sons Limited, 4 Park Road, Ardrossan, have applied for outline planning permission for the erection of a residential development at the former Lower Reservoir, Skelmorlie Castle Road, Skelmorlie. 18 letters of objections have been received as detailed in Annexe 1 to the report. Page 15

16 The Committee expressed the view that any subsequent application for detailed planning permission should incorporate a requirement for the applicant to submit a phasing plan. The Committee, having considered the terms of the objections, 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 proposed development and phasing proposals shall be obtained before the development is commenced. 2. That the watercourse within the site shall not be culverted and any subsequent applications for detailed planning permission shall include proposals to incorporate the watercourse into open space areas within the site. 3. That the development including proposed garden areas shall not encroach into the area of established woodland along the southern part of the site and any subsequent application for detailed planning permission shall incorporate a survey of all existing trees on the site, details of those to be retained together with measures for their protection in the course of the development and replacement tree planting proposals for those to be removed. 4. That, prior to the occupation of any of the dwellinghouses and where Council adoption of open space areas, including areas of woodland and trees, 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. 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 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. Page 16

17 6. That any subsequent application for detailed planning permission shall be accompanied by a Flood Risk Assessment which shall demonstrate that the site is not at risk from a 1 in 200 year flood event and as well as any flood risk from the watercourse flowing through the site, the assessment shall: i) consider the flood risk from the watercourse just outside the northeast corner of the site; ii) take account of surface water run off from the golf course to the east; and iii) take account of the latest government advice on climate change and address the requirements of the SEPA - Planning Authority Protocol "Development at Risk of Flooding: Advice and Consultation". 7. That any subsequent application for detailed planning permission shall include a drainage assessment which shall be prepared in accordance with the SUDS Working Party Guidelines "Drainage Assessment, A Guide for Scotland" and the discharge of storm water from the development shall comply with the stipulated design criteria, current SUDS Design Guidance (CIRA Report C521) and any requirements of Scottish Water. 8. That any subsequent application for detailed planning permission shall incorporate (i) an equipped play area to comply with the Council's policy on the provision of play areas in new housing developments and (ii) a footpath link to Golf Course Road to the north, which equipped play area and footpath link shall be provided to the satisfaction of North Ayrshire Council as Planning Authority prior to the completion of the development, or occupation of the last house, whichever is the sooner. 9. That, prior to the commencement of the construction of any of the dwellinghouses within the site, the existing carriageway and footway infrastructure in Skelmorlie Castle Road along the entire frontage of the site shall be improved to provide a minimum carriageway width of 6 metres and a 2 metre wide footway along the east side of Skelmorlie Castle Road tying in with the existing footways at either end of the site. 10. That the proposed vehicle access to the site shall be located towards the north end of the site as indicated on the illustrative site plan submitted in support of the application. 11. That visibility splays of 2.5 m x 60 m in both directions shall be provided and maintained on land within the applicant's 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. 12. That for the avoidance of doubt, permission is not hereby given for the roads, plot layout and numbers of houses shown on the illustrative site plan submitted in support of the application. Page 17

18 10. Isle of Arran: Kildonan: Old Coastguard House: Tree Preservation Order Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed confirmation of the provisional Tree Preservation Order at the Old Coastguard House, Kildonan, Isle of Arran. The Committee agreed to approve, with modification, the confirmation of the Tree Preservation Order. 11. Skelmorlie: Skelmorlie Castle Road: Tree Preservation Order Submitted report by the Assistant Chief Executive (Development and Promotion) on the proposed confirmation of the Provisional Tree Preservation Order at Skelmorlie Castle Road, Skelmorlie. The Committee agreed to approve, without modification, the confirmation of the Tree Preservation Order. 12. Irvine: Rivergate: Rivergate Shopping Centre: Enforcement Notice: Advertising Signs erected at the Cafe Submitted report by the Assistant Chief Executive (Legal and Protective) on the serving of an Enforcement Notice in respect of Planning Permission N/02/00327/PP. On 29 September 2003, RFG (UK) Limited (now trading as BBs Coffee and Muffins Limited) were granted, on appeal, conditional planning permission for the change of use of part of the circulation space within the Rivergate Shopping Centre to form a cafe. In September 2005, it was noted that the company had erected 2 projecting signs at the cafe. The signs require advertising consent in terms of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 and the company was advised of this in writing on 18 November 2005, with a request to make a retrospective application for advertisement consent. The company has failed to comply with this request and, to date, the 2 projecting signs have not been removed. The Committee agreed to approve the service of an Enforcement Notice for the removal of the 2 unauthorised projecting signs erected at the cafe, Rivergate Shopping Centre, Rivergate, Irvine. Page 18

19 13. West Kilbride: Housing Development at Castle Drive: Tayplan Limited: Breach of Condition Notice Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of a Breach of Condition Notice with regard to non compliance with Conditions 7, 8, 12 and 13(ii) of Planning Permission N/01/99/0417/PP granted on 24 December Condition 7 of the permission related to details of the proposed factor or management agency for areas of open space and the landscape management plan being in place prior to any dwellinghouses being occupied. Condition 8 required the applicant to submit for the approval of North Ayrshire Council as Planning Authority proposals for the disposal of surface water drainage along the south west edge of the site prior to the commencement of the development. Condition 12 required details of proposals for the strengthening/reinforcement of the existing hawthorn hedge along the boundary of the site with Law Brae and access road to Farmfield Farmhouse to be submitted to North Ayrshire Council as Planning Authority for approval prior to the commencement of the development. Condition 13(ii) related to a requirement for full details of proposals for the erection of bollards at the emergency access to Law Castle to prevent day to day use, being submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development. Tayplan Limited have failed to submit the details and proposals required to comply with the above conditions. Complaints have also been received that the company has failed to carry out the works which these conditions were designed to achieve. This situation was confirmed during a site inspection by the Planning Officers. The applicants were requested by letter dated 15 November 2005 to comply within 14 days of the date of the letter, but have failed to do so and have not replied to a subsequent letter sent on 9 December The Committee agreed that a Breach Of Condition Notice be served in terms of Section 145(ii)(a) of the Town and Country Planning (Scotland) Act, 1997 to ensure compliance with Conditions 7, 8, 12 and 13(ii) of Planning Permission N/01/99/0417/PP. The Meeting ended at 3.45 p.m. Page 19