Planning Committee 19 December IRVINE, 19 December At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m.

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1 Planning Committee 19 December 2007 IRVINE, 19 December At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present Elizabeth McLardy, Margie Currie, Robert Barr, Matthew Brown, Ian Clarkson, John Ferguson, Ronnie McNicol, Pat McPhee, John Moffat and David Munn In Attendance A. Fraser, Manager, Legal Services, J. Miller, Chief Development Control Officer, M. Lee, Senior Development Control Officer, A. Craig, Senior Solicitor (Litigation) (Legal and Protective); and M. Anderson, Corporate Support Officer (Chief Executive's). Chair Councillor McLardy in the Chair. 1. Declarations of Interest Councillor R. Barr declared an interest in item 2 and took no part in the discussion thereon. 2. Deputation Garnock Valley Area 06/01029/PP: Dalry: Swinlees Quarry Barr Limited, 100 Inchinnan Road, Paisley, have applied for planning permission for the installation of an asphalt mixing plant and associated works at Swinlees Quarry, Dalry. Objections were received from N.J. Quick, Langside Farm, William Meek, Lawside Cottage, John Liechti, South Hourat Farm, Maureen Khan, Langside Cottage, David Kennedy, Thorneyside Farm and William Spier, Burn Farm, all Dalry. Nick Quick, Sue Meek and Elise Quick addressed the Committee on behalf of local residents in support of their objections. Reference was made to concerns about road safety and loss of amenity associated with the use of the B784 by heavy goods vehicles. In particular, the objectors referred to hazards associated with the presence of dirt and oil on the road, the width of heavy goods vehicles using this relatively narrow country road, damage to the road surface by HGVs and the encroachment of the road surface onto verge areas formerly used by pedestrians, cyclists and horse-riders. Page 1

2 John Barr, Managing Director of Barr Quarries and Colin Morrow, General Manager of Barr Quarries, addressed the Committee in response to the objectors. They indicated that the B784 was suitable for use by heavy goods traffic and that no road safety concerns had been expressed by either the Council's Roads Service or Strathclyde Police in connection with its use by the company. Reference was also made to the company's investment in maintaining and improving the road. Finally, the applicants expressed the view that removal of the coating plant, which itself accounted for only some 18.66% of existing quarry traffic, would ultimately have a detrimental impact on the wider area of North Ayrshire, as material would require to be transported greater distances. The Senior Development Control Officer then outlined the terms of the report, which recommended that the application be refused on the ground that the proposed development would be contrary to Policies ENV1 and A1 in the Adopted North Ayrshire Local Plan (Excluding the Isle of Arran), in that it comprises development in the countryside for which a specific operational and proven need to be located on the site, has not been demonstrated. The Committee then asked questions of the objectors, applicants and officers. Thereafter, the Committee adjourned for a short time to receive clarification from the Manager, Legal Services, on a legal matter in respect of the application. Following the reconvention of the meeting, Councillor Currie, seconded by Councillor McPhee, moved that the Committee approve the application without limit of time and subject to conditions. As an amendment, Councillor Brown, seconded by Councillor Ferguson, moved that the Committee approve the application subject to conditions, including limiting the permitted use to a period of no more than 3 years. As a further amendment, Councillor Munn, 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 4 and for the motion 3, and the amendment was declared carried, and accordingly became the substantive motion. On a division, there then voted for the further amendment 2 and for the substantive motion 7, and the substantive motion was declared carried. Accordingly, the Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:- Page 2

3 1. That the development hereby permitted shall be discontinued and the land restored in accordance with the approved details at or before 31 December 2010 all to the satisfaction of North Ayrshire Council as Planning Authority. 2. That the use hereby permitted shall operate only between the hours of 7am and 7pm 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. 3. 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), and that noise levels generated by road traffic to and from the site shall not exceed the background level, to the satisfaction of North Ayrshire Council as Planning Authority. 4. That the area around the mobile plant, and bitumen tanks in particular, shall be bunded to prevent liquid contamination spreading to the satisfaction of North Ayrshire Council as Planning Authority. 5. 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 on public roads. Any material deposited on the road by vehicles exiting the site shall be removed and the road cleaned to the satisfaction of North Ayrshire Council as Planning Authority. 6. 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. 3. Garnock Valley Area /01048/PP: Beith: Threepwood Road: Grangehill Peter Ross, Grangehill, Threepwood Road, Beith, has applied for retrospective planning permission for the siting of a static caravan for an agricultural worker at that address for a temporary period of 2 years. Page 3

4 The Chief Development Control Officer advised of the receipt of a letter from the applicant's legal representative on the applicant's intention to submit a further statement of support in respect of the planning application. The Committee was advised that no further letter of support had been received. The Committee agreed (a) to refuse the application on the following ground:- 1. That the proposal is contrary to Policy ENV1 and RES11 contained within the Adopted North Ayrshire Local Plan (Excluding Isle of Arran), in that the applicant has failed to demonstrate a specific operational need for a worker to live on site in pursuance of an established rural business and there are no exceptional circumstances to justify the temporary siting for the a residential caravan, which would set an undesirable precedent for further unnecessary development within the countryside. and (b) to authorise Enforcement action to secure the removal of the static caravan /01068/LBC: Beith: 63 Wilson Street Mrs. MacDonald, 63 Wilson Street, Beith, has applied for listed building consent for the installation of replacement doors and windows to the dwellinghouse at that address. The Committee agreed to refuse the application on the following ground:- 1. That the proposed development would be contrary to Policy BE5 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as the appearance and style of the replacement windows and doors, would detract from the traditional features and character of the listed building /01047/PP: Dalry: 36a Templand Road McTaggart Construction Limited, 36A Templand Road, Dalry, have applied for planning permission for alterations and extension to offices including a change of use of vacant land to provide additional car parking and a yard at that address. Objections have been received from Susan Gardner, 3 Bleeze Road, Mr. and Mrs. Alexander, no. 11a and Alex and Margaret McIntosh, Rosebank Cottage, no. 7, both Templand Road, all Dalry. The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:- Page 4

5 1. That the use of the overall site outlined in red on approved drawing no. Pl 00a, dated 12 November 2007, shall operate only between the hours of 7am and 7pm 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 significant noise intrusion at any noise sensitive premises. 2. 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. 3. That any material removed from the site shall be disposed of to a suitably licensed site or to a site with a registered exemption, to the satisfaction of North Ayrshire Council as Planning Authority /01052/PP: Dalry: 36a Templand Road McTaggart Construction Limited, 36a Templand Road, Dalry, have applied for retrospective planning permission for the siting of 2 portacabins at that address for a temporary period of 1 year. An objection has been received from Susan Gardner, 3 Bleeze Road, Dalry. The Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:- 1. That the portable buildings hereby permitted shall be removed and the land restored to its former condition on or before 31 December /00765/PP: Dalry: Kerslochmuir Farm William Shanks, Kerslochmuir Farm, Dalry, has applied for planning permission for the conversion and extension of outbuildings to form a dwellinghouse at that address. The Committee, Councillor R. Barr dissenting, agreed to refuse the application on the following grounds:- Page 5

6 1. That the proposed development would be contrary to Criteria (a) and (c) of Policy ENV 1A in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the existing building is not of an appropriate scale for the proposed use and the new additional extension would dominate the original building. 2. That the proposed development would have a detrimental effect on the amenity of the area as a result of the removal of mature trees and hedgerows along the frontage of the site and the adjacent field, and as such would not comply with criterion (b) of the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran). 4. Irvine/Kilwinning /01079/PP: Irvine: 1 Montgomery Lane The Owl and the Pussycat Nursery, 1 Montgomery Lane, Irvine, has applied for planning permission for the erection of extensions to the sides of the nursery at that address. An objection has been received from Mr. Auto's Valet Centre and Pitt Stop, Unit 88E Montgomery Street, Irvine. 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 exact details or samples of the proposed external finishes. 2. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of North Ayrshire Council, as Planning Authority. Thereafter, a suitable investigation strategy shall be agreed with North Ayrshire Council, as Planning Authority, and this strategy shall be implemented, including the carrying out of any necessary remediation works, prior to the development taking place on the site /00939/PP: Irvine: South Newmoor Industrial Estate: 16 Macintosh Place R. McKinstray, 32 Dalmore Way, Irvine, has applied for planning permission for a proposed change of use of a warehouse to a gymnasium at 16 Macintosh Place, South Newmoor Industrial Estate, Irvine. The Committee agreed to grant the application subject to the following conditions:- Page 6

7 1. That the premises shall be used for the purposes of a gymnasium and for no other purpose including any other purpose in Class 11 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997 or in any provision equivalent to that Class in a statutory instrument revoking or re-enacting that Order). 2. That the use hereby permitted shall not operate between the hours of 21:00 hrs in any day and 06:00 hrs the following day /01103/PP: Kilwinning: 27 St. Winning's Well James Lyon, 26 St. Winning's Well, Kilwinning, has applied for retrospective planning permission for the erection of a 1.8 metre high fence and double gates to the side of the end-terraced dwellinghouse at 27 St. Winning's Well, Kilwinning. A representation has been received from John Grant, 17 St. Winning's Well, Kilwinning. The Committee, having considered the terms of the representation, agreed to grant the application /00376/PP: Crosshouse: Site to East of Newhouse Farm Mr. and Mrs. Cochrane, Nethercraig Farm, Crosshouse, have applied for planning permission for the erection of a dwellinghouse for a farm worker on a site to the east of Newhouse Farm, Crosshouse, Kilmarnock. 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 it would comprise new residential development in the countryside for which a genuine operational need for a worker to live on site in pursuance of an established rural business has not been demonstrated. 2. That the proposed dwellinghouse would not comply with the Criteria (a) and (c) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the siting of a dwellinghouse at the proposed location would have an adverse impact on the landscape character and visual appearance of the area given its relative isolation from the nearest buildings. Page 7

8 4.5 07/00984/PP: Irvine: Site to the East of 1 Sillars Meadow D. Owens, 25 Adams Walk, Irvine, has applied for planning permission for the erection of a one-and-a-half storey detached dwellinghouse on a site to the east of 1 Sillars Meadow, Irvine. Objections have been received from D. Houston, 1 Sillars Meadow, A. Marshall, 21 Adams Walk and from S. Longmuir, no. 6, John and Maureen Neil, no. 4, B. Raspison, no. 3, Hugh Drennan, no. 8 and Mrs. Marilyn Walker, no. 5, all Roseholm Avenue, all Irvine. The Committee, having considered the terms of the objections, agreed (a) to delegate authority to the Chief Development Control Officer to grant the application subject to (i) the applicant entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to secure the permanent provision of an access for emergency vehicles within the application site and (ii) the following conditions:- 1. That the first 2 metres of the driveway 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 driveway onto the carriageway. 2. That nothing shall be erected on the part of the site at its north end that forms part of the turning head, as shaded on the approved plans, that would obstruct its use for the turning of vehicles, to the satisfaction of North Ayrshire Council as Planning Authority. 3. That the treatment of the boundary enclosures shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works. Any enclosures which may be agreed shall be erected prior to the occupation of the dwellinghouse and thereafter maintained, all to the satisfaction of North Ayrshire Council as Planning Authority and (b) in the event that the Chief Development Control Officer is unable to secure agreement with the applicant to enter into a Section 75 agreement, to delegate authority to the Chief Development Control Officer to refuse the application on the following ground:- 1. That development of the site, in the absence of any arrangement to allow emergency access to the land, footpath and riverbank to the south, would be detrimental to the interests of public safety as it would interfere with the Council's duties under the Flood Prevention and Land Drainage (Scotland) Act 1997 with regard to the maintenance of watercourses. Page 8

9 5. North Coast and Cumbraes /00941/PP and 07/942/LBC: West Kilbride: Seamill: 45 Ardrossan Road E. Alvarino, 45 Ardrossan Road, Seamill, West Kilbride, has applied for planning permission and listed building consent for the erection of an extension to the front of the cottage at that address. Objections have been received from John R. Middleditch, 90 Ardrossan Road, Seamill and West Kilbride Amenity Society, per The Secretary, 20 Well Street, both West Kilbride. The Committee, having considered the terms of the objections, agreed to grant (a) planning permission 07/00941/PP subject to the following condition:- 1. That the accommodation hereby provided shall be used only as ancillary accommodation to the main dwellinghouse at 45 Ardrossan Road and shall not be occupied as a separate dwellinghouse without the prior written approval of North Ayrshire Council as Planning Authority. and (b) listed building consent 07/00942/LBC subject to Section 12 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act /01009/PP: West Kilbride: Lawfield Avenue: Lawfield Stores Mr. Sanghera, 52 Lawfield Avenue, West Kilbride, has applied for planning permission for alterations and an extension to the front and rear of the Lawfield Stores shop, Lawfield Avenue, West Kilbride. An objection has been received from J.R. Bunting, 5 Cubrieshaw Drive, West Kilbride. 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, full details and/or samples of the external materials to be used, including roller shutters, shall be submitted for the consideration and written approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the roller shutters shall be internally housed with no projecting boxes. In addition, the roller shutters shall be perforated and finished in a colour scheme to be agreed prior to installation. 2. That, prior to the commencement of the development, full details of any external plant to be installed including specifications of noise generation shall be submitted for the consideration and written approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, any external plant shall be designed to be inaudible within neighbouring dwellinghouses. Page 9

10 3. That, prior to the extended shop being brought into use, two litter bins shall be provided for the use of customers on the footway adjacent to the shop and, thereafter, retained to the satisfaction of North Ayrshire Council as Planning Authority. The litter bins shall be positioned in a way that does not cause an obstruction to pedestrians. 4. That, following the extension to the shop being brought into use, the external roller shutters shall remain fully open at all times during trading hours. 5. That the development hereby approved shall be served by separate systems of surface water and foul drainage from the neighbouring residential properties, and shall have a separate connection from the public water mains. 6. 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. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority. 7. That, prior to the commencement of the development, details of a 1.8 metre high wall or metal fence between the south east corner of the shop and the rear garden boundary of 5 Cubrieshaw Drive shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any details as may be approved shall be implemented prior to the extension being brought into use to the satisfaction of North Ayrshire Council as Planning Authority /01022/PP: West Kilbride: 6 Alton Street Ashley Bell, Townhead of Gree, Fenwick, Kilmarnock, has applied for part-retrospective planning permission for an amendment to planning approval N/06/00950/PP to allow for 1 additional window and french doors on the east elevation at that address. An objection has been received from Ms. Gwen Falla, Top Left Flat, 9 Orchard Street, West Kilbride. Page 10

11 The Committee, having considered the terms of the objection, agreed to grant the application /01018/PP: West Kilbride: Site to South West of 14 Hunterston Road Glen Vorlich Limited, 257 Dumbarton Road, Glasgow, has applied for planning permission for the erection of 8 detached dwellinghouses on a site to the south west of 14 Hunterston Road, West Kilbride. An objection has been received from D. Bagshaw, 99 Main Street, West Kilbride. A representation has been received from West Kilbride Community Council, per Mr. Lamb, 97 Ardrossan Road, Seamill, West Kilbride. The Committee, having considered the terms of the objection and representation, 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) the proposed external finishes to the dwellinghouses, (ii) all hard surfaces including the access road, driveways, parking and turning areas and (iii) the proposed site boundary and plot division enclosures, which approved site boundary and plot division enclosures shall be erected prior to the occupation of the dwellinghouses on the plots adjoining the boundaries. 2. That no further rock extraction or crushing of rock shall take place within the application site until the applicants have submitted to, and received the written approval of, North Ayrshire Council as Planning Authority with respect to suitable proposals for minimising the noise impact on the surrounding area of the rock extraction/crushing activities. 3. That, prior to the commencement of the development hereby approved the applicants shall undertake a desk study of the application site, (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment as advocated by PAN 33 and BS10175: Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to North Ayrshire Council as Planning Authority. Any required remediation measures shall be undertaken, prior to the commencement of the development to the satisfaction of North Ayrshire Council as Planning Authority. Thereafter, the presence of any significant unsuspected contamination, which becomes evident during the development of the site, shall be reported to North Ayrshire Council and treated in accordance with an agreed remediation scheme. Page 11

12 4. That, unless North Ayrshire Council as Planning Authority gives written consent to any variation, 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. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority. 5. That visibility splays of 2.5m X 60m at the junction of the access road and Hunterston Road 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 metre measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority. 6. That entry to the development shall be redesigned to have a ramped entry on to a shared surface road (see Roads Development Guide fig 6.65 bottom detail showing ramp into 5.5m shared surface road) and the footway shall be brought into the site before it terminates, all to the satisfaction of North Ayrshire Council as Planning Authority. 7. That the service strips shall have a minimum width of 2 metres. 8. That the garage within each plot shall be retained for parking purposes and shall not be used for any other purpose without the prior written approval of North Ayrshire Council as Planning Authority. 9. That the first 2 metres of the driveways, 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. Page 12

13 10. 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, 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. 11. 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. 12. That, prior to the occupation of any of the dwellinghouses and where Council adoption of open space areas 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 in accordance with the approved details, unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority /00812/PP: Fairlie: Main Road: Fairwinds Cottage Mr. and Mrs. Espie, Hydro Cottage, West Glen Road, Kilmacolm, have applied for planning permission for the erection of an extension to the side, and sun room to the front, of the detached dwellinghouse at Fairwinds Cottage, Main Road, Fairlie. Objections have been received from Hugh H. Baillie, Ashley Lodge, no. 33A, Jason P. McCartan, Carrick, no. 31 and Ms. Caroline Briggs, Fairwinds, no. 31, all Main Road, Fairlie. 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, full details and/or samples of the external materials to be used shall be submitted for the consideration and written approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the external render shall be wet dash and the roof shall be of natural slate. Page 13

14 2. That, prior to the commencement of the development, full details of any alterations to the height of the stone wall on the seaward boundary of the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority /01042/PP: Largs: Site to North of 17 Brisbane Glen Road S. Gallacher, 42 Victoria Road, Gourock, has 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 J.M. Couper, 1 Windsor Gardens, J. McLaughlin, 19 Glen Place, W. McElveen, 17 Brisbane Glen Road and Mr. and Mrs. A.E. McKillop 2 Chapelton Way, per Robert F. Duff and Co., Solicitors, all 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 full details of (i) the proposed external finishes and (ii) the proposed retaining walls within the site, no part of which shall exceed 0.5 metres high within 2 metres of the heel kerb of the footway on Brisbane Glen Road. 2. 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 of the proposed foul and surface water drainage systems. Surface water arising from the site shall also require to be treated in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Manual", published in March 2007, unless North Ayrshire Council as Planning Authority gives written consent to any variation. 3. That access to the site shall be formed as a footway crossing to North Ayrshire Council Roads Guidelines, to the satisfaction of North Ayrshire Council as Planning Authority. 4. 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. 6. Enforcement Notice: Kilbirnie: Land at 64 Western Crescent Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to an unauthorised change of use from a garden area to a builders' yard at 64 Western Crescent, Kilbirnie. Page 14

15 On 17 September 2007, complaints were received regarding the unauthorised use of a garden area as a builders' yard. This was verified during a visit by the Planning Inspector, who noted that a portacabin, garage, hut and fencing had been erected on the site, the ground area had been covered with stones, a new entrance had been formed and various building materials were being stored on site. The owner subsequently confirmed that the site was the base for his landscaping business. The Planning Inspector advised the owner that the change of use would require planning permission. Given that the Council would be unlikely to support such an application, the owner was requested to reinstate the site to a garden area. The owner intimated that he has no intention of complying with this request. The Committee agreed to approve the service of an Enforcement Notice in terms of Section 127 of the Town and Country Planning (Scotland) Act 1997 requiring the unauthorised use to cease and the land at 64 Western Crescent, Kilbirnie, re-instated to garden area. 7. Enforcement Notice: Dalry: Tofts: Land at Site of Former Bridgend Mill Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Enforcement Notice in relation to the proper maintenance of land at the site of the former Bridgend Mill, Tofts, Dalry. On 20 October 2005, planning permission was granted for housing on the site on the former Bridgend Mill. The development has yet to commence and, in the meantime, complaints have been received regarding the condition of the site. Despite an agreement by the developer to carry out remedial works on site, the condition of the site continues to be unsatisfactory: the heras-type fencing bounding the site remains insecure and fly tipping has continued. The Committee agreed to approve the service of an Enforcement Notice in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997 (a) to ensure the erection of suitable fencing to secure the site and discourage unauthorised access and fly-tipping and (b) to have the land cleared of all fly-tipped material and debris, tidied up and, thereafter, maintained in a tidy condition. 8. Scottish Planning Policy (SPP) 11: Open Space and Physical Activity Submitted report by the Assistant Chief Executive (Legal and Protective) on the content of SPP11 and its application to matters coming before the Committee in future. Page 15

16 SPP11: Open Space and Physical Activity replaces NPPG 11: Sport, Physical Recreation and Open Space. The SPP sets out the national policy on planning for open space and facilities for sport and recreation. and reinforces the following:- A presumption against development of open space which is valued and functional, or which is capable of being brought back into use; The importance of core path plans and access rights; That Local Authority departments should ensure compatibility between the open space strategy, the core paths plan, the local transport strategy and the development plan, as well as policy on green networks and planning of open space; and The Council's main policy intentions on open space, biodiversity and physical activity should be among the key themes of the community plan and be reflected in the development plan. The Committee noted the requirement for a cross departmental approach to open space and its importance when considering planning applications, development briefs, masterplans and the local development plan. The Meeting ended at 4.20 p.m. Page 16