Planning Sub Committee of Corporate Services Committee 9 May 2005

Planning Sub Committee of Corporate Services Committee 9 May 2005 IRVINE, 9 May 2005 - At a Meeting of the Planning Sub Committee of Corporate Services Committee of North Ayrshire Council at 2.00 p.m. Present David Munn, Tom Barr, Jack Carson, Elisabethe Marshall, David O'Neill and Robert Rae. In Attendance A. Fraser, Manager Legal Services, J. Miller, Chief Development Control Officer and W. Stewart, Senior Development Control Officer (Legal and Protective); and M. Anderson, Corporate and Democratic Support Officer (Chief Executive's ). Chair Councillor Munn in the Chair. Apologies for Absence Drew Duncan, Jacqueline Browne, John Reid, Elizabeth McLardy and Margie Currie. 1. Arran Local Plan Area 1.1 05/00176/PP: Brodick: Douglas Place: Loudoun Mr. and Mrs. I. McFadzean, Loudoun, Douglas Place, Brodick have applied for planning permission for the erection of a two storey extension to the rear of a detached dwellinghouse at that address. A representation has been received from A. Fyffe, 40 Kay Park Crescent, Kilmarnock. The Sub Committee, having considered the terms of the representation, agreed to grant the application subject to the following condition:- 1. That the external finishes to be used in the development shall match the colour and texture of the existing extension to the rear of the dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority. 1.2 05/00092/PP and 05/00159/CAC: High Corrie: Site to the East of Seaview Claire Margaret Berry, The Hazard, Corrie has applied for planning permission and conservation area consent for the demolition of an existing bothy and replacement with a one and a half storey dwellinghouse on a site to the east of Seaview, High Corrie, Arran. Page 1

Objections have been received from M. Elliot, M. J. Farquharson, Northbeck Cottage, Dr. J. Gilmour and Mrs. E. O. Gilmour, Langstane, all of High Corrie, Arran Civic Trust per John Roberts, 3 Glen Place, Brodick, all of Arran and Lady Jean Fforde (Arran Estates) per William Anderson, Managed Estates, 1 Springkerse Road, Stirling. The Sub Committee, having considered the terms of the objections, agreed (a) to refuse planning application 05/00092/PP on the following grounds:- 1. That the proposed development would be contrary to Policy ENV 1A of the Adopted Isle of Arran Local Plan. This policy requires that replacement houses must be wholly equivalent to an acceptable conversion or rehabilitation, which would not be achieved in this instance. 2. That the design of the proposed house would be contrary to the aims and objectives of the Council's approved Rural Design Guidance for Arran by reason of its scale and design. 3. That the proposed development would have a detrimental effect on the character of the High Corrie Outstanding Conservation Area and the North Arran Scenic Area by reason of its siting and design and would, therefore, be contrary to the provisions of Local Policy BE 1. and (b) to refuse conservation area consent application 05/00159/CAC on the following ground:- 1. That demolition of the bothy would be contrary to Adopted Local Plan Policy BE3, since the building is of importance to the character of High Corrie and is in a satisfactory structural condition. Furthermore, the redevelopment proposal is unacceptable. 1.3 03/00680/PP: Dippin: Site to the North of Dippinhead Farm Mr. & Mrs. J. Taylor, Dippinhead Farm, Dippin have applied for planning permission for the widening of the access to a field and the erection of a portacabin (retrospective) on a site to the north of Dippinhead Farm, Dippin, Arran. Objections have been received from J. D. Paterson and Mr. & Mrs. Christison, both of Largiemeanoch, and Keith Rowsell, Largiemeanoch Cottage, all of Whiting Bay, Arran. The Sub Committee, having considered the terms of the objections, agreed to grant the application, subject to the following conditions:- Page 2

1. That, within three months of the date of this consent, the access shall be widened to 6.0m and hard surfaced for the first 6.0m 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. These changes shall be maintained in perpetuity. 2. That details of a parking and turning facility within the site, to enable all vehicles to enter and leave the site, shall be submitted to, and agreed in writing with, North Ayrshire Council as Planning Authority within one month of the date of this consent. Thereafter, the approved parking and turning facility shall be formed within three months of the date of the consent and subsequently retained and maintained in accordance with the approved details. 3. That a visibility splay of 2.5 metres by 50.0 metres to the north of the access over the far side carriageway and a visibility splay of 2.5 metres by 60.0 metres to the south, shall be provided and maintained, 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. 4. That the portacabin hereby approved shall be removed and the land restored to its former condition on or before 31st May 2008, all to the satisfaction of North Ayrshire Council as Planning Authority. 1.4 04/00353/PP: Sannox: Sannox Sand Quarry John Thomson Construction Limited, Lamlash have applied for planning permission for the continuation of sand extraction from an existing quarry (modification of Condition No. 2 of previous consent N/01/97/0207) at Sannox Sand Quarry, Sannox, Arran. An objection has been received from D. Underdown, Secretary to the Corrie and Sannox Village Committee, Elmbank, Corrie, Arran. Following discussion about continued extensions to the time limit of the development, the Sub Committee expressed the view that any further application for an extension of time should be supported by a full justification by the applicant, including details of the past record of extraction, proposed extraction and timescale for completion of the extraction of the sand. The Sub Committee also expressed the view that the period of consent in terms of the current application be reduced from 10 years to 5 years. The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:- 1. That, within three months of the date of this consent, details of the restoration and after-use of the site, including programming, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Page 3

2. That the development hereby permitted shall be discontinued and the land restored for agricultural purposes in accordance with plans to be approved under Condition 1 at or before 31 May 2010. 3. That the re-introduction of processing equipment, stockpiles or an oil tank within the site shall be subject to the prior written approval of North Ayrshire Council as Planning Authority. 4. That the use hereby permitted shall operate only between the hours of 0800 hours to 1800 hours Monday to Friday, 0800 hours to 1200 hours on Saturday and at no time on Sundays or public holidays. 5. That noise levels measured at least 3.5 metres in front of the façade of any dwellinghouse facing the quarry shall not exceed 55 db L Aeq, 1h during the working hours specified above and 42 db L Aeq, 1h at all other times, to the satisfaction of North Ayrshire Council as Planning Authority. 6. That, within three months of the date of this consent, details of measures to be taken to reduce noise levels at the site shall be agreed in writing with North Ayrshire Council as Planning Authority and implemented thereafter throughout the working life of the quarry. Any change of plant or working methods shall be agreed in writing with North Ayrshire Council as Planning Authority prior to being implemented. 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 on public roads. 8. That the developers shall afford access at all reasonable times to West of Scotland Archaeology Service, or an organisation nominated by it, and shall allow them to observe work in progress and record items of interest and finds. Notification of and information as to who should be contacted on site shall be given to North Ayrshire Council as Planning Authority and to West of Scotland Archaeology Service in writing not less than 14 days following the date of this consent. 2. Ardrossan/Saltcoats/Stevenston Local Plan Area 2.1 04/01024/PP: Stevenston: Site to the North and West of 10 Alexander Place Francis Walker, 2 Alexander Place, Stevenston has applied for planning permission for a change of use of garden ground to a builder's storage yard and the erection of a single storey extension to form a store, garage, boundary walls and fences (retrospective) on a site to the north and west of 10 Alexander Place, Stevenston. An objection has been received from Mr. and Mrs. T. McKeating, 2 Alexander Place, Stevenston. Page 4

The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:- 1. That the use of the garage structure within the yard shall be solely for storage purposes ancillary to the main use of the builder's yard, to the satisfaction of North Ayrshire Council as Planning Authority. 2.2 04/01238/PP: Saltcoats: 87 Dockhead Street Rossam Ltd, c/o K.W.C. Architectural Services, 9A Loundes Street, Barrhead have applied for planning permission for a change of use and alterations to offices to form a nightclub and a part change of use of shop to form an access stair at 87 Dockhead Street, Saltcoats. An objection has been received from M.S.A., 85 Dockhead Street, Saltcoats. The Sub Committee, having considered the terms of the objection, agreed to refuse the application on the following ground:- 1. That the applicant has failed to provide properly certified ownership notifications to enable the application to be legally determined. 3. Garnock Valley Local Plan Area 3.1 04/01244/PP and 04/01245/LBC: Dalry: 31-37 Main Street Trust Services Limited, Broad Street, Glasgow have applied for planning permission and listed building consent for replacement windows to the front and rear of first and second floor flats and the redecoration of the frontage at 31-37 Main Street, Dalry. The Sub Committee agreed to grant planning application 04/01244/PP and listed building consent application 04/01245/LBC, subject to the following condition:- 1. That, within three months of the date of this approval, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of: i) the external finishes to the blocked up doorway at the south west end of the building; ii) the replacement doors at the front of the building; iii) the finishes, including colours, of the refurbished shop fronts; and iv) the revised design for the fascia size over the left hand shop unit. These details shall be implemented within six months of the date of this approval, to the satisfaction of North Ayrshire Council as Planning Authority. 3.2 01/00293/PP: Kilwinning: Dalry Road: High Monkcastle Farm William Harper, High Monkcastle Farm, Dalry Road, Kilwinning has applied for planning permission for a change of use of buildings to form a cattery and livery stables (retrospective) at that address. An objection has been received from MacRoberts Solicitors on behalf of J. Coleman, Old Monkcastle, Kilwinning. Page 5

A statement dated 8 May 2005 from the objector, Mr. Coleman, was circulated at the meeting. The Chief Development Control Officer responded to the issues raised. The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:- 1. That roof drainage shall be kept separate from any wash down and disposed of separately, with washdown effluent and waste from the cattery and stables being dealt with in accordance with SEPA's Guidelines, to the satisfaction of North Ayrshire Council as Planning Authority. 4. Irvine/Kilwinning Local Plan Area 4.1 05/00167/PP: Dreghorn: 165 Main Street Richard Gale, 15 Barbadoes Road, Kilmarnock has applied for planning permission for the erection of a double garage, a 1.8m high retaining wall and a 1.8m high boundary and dividing fence at 165 Main Street, Dreghorn. Objections have been received from Shalom Private Nursing Home, no. 163, R. Roger, no. 167 and J. Robb, no. 165A, all Main Street, Dreghorn. The Sub Committee, having considered the terms of the objections, agreed to grant the application. 4.2 05/00102/PP: Irvine: Lawthorn: Site to the East of and 3 Ladyburn Court Mr. & Mrs. MacDonald, 3 Ladyburn Court, Irvine have applied for planning permission for a change of use of open ground to private garden ground and the relocation of an existing fence on a site to the east of and 3 Ladyburn Court, Lawthorn, Irvine. The Sub Committee agreed to refuse the application on the following ground:- 1. That the proposed development would be contrary to Policy TOU11 in the Adopted Irvine/Kilwinning Local Plan, in that it fails to meet criteria (2) and (4) of the Policy, and to Policy OS 1 in the Finalised North Ayrshire Local Plan (excluding Isle of Arran), in that it fails to meet criteria (1) and 3(b) of the Policy, as the loss of open space and the erection of a fence at a new location would have a detrimental impact upon the character and visual appearance of the area and would set an undesirable precedent for further incremental loss of open space. 4.3 04/01215/PP: Kilmarnock: Kilmaurs: Buistonend Farm Cottage Mr. & Mrs. Scott, Buistonend Farm Cottage, Kilmaurs, Kilmarnock have applied for planning permission for the erection of a conservatory to the front of a detached cottage at that address. Page 6

The Sub Committee agreed to refuse the application on the following ground:- 1. That the proposed development would be contrary to Policy HOU10 of the Adopted Irvine and Kilwinning Local Plan and the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that, by reason if its scale, setting, design and external appearance, the proposed conservatory would detract from the appearance of the dwellinghouse and the visual amenity of the area. 4.4 05/00116/PP: Irvine: 16 Muirfield Court Ms. Montgomery, 16 Muirfield Court, Irvine has applied for planning permission for the erection of a conservatory to the rear of a semi-detached dwellinghouse at that address. An objection has been received from Mrs. E. Cameron and A. Cameron, 14 Muirfield Court, Irvine. The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:- 1. That the facing brick finish to the walls of the conservatory shall match the facing brick finish to the walls of the existing dwellinghouse. 4.5 05/00101/PP: Irvine: 24-26 Eglinton Street Councillors O'Neill and Barr declared an interest in the following item of business, left the meeting and took no part in the discussion thereon. Ayrshire North Community Housing, Sovereign House, Academy Road, Irvine have applied for planning permission for a change of use of a former funeral parlour to offices with associated car parking to the rear at 24-26 Eglinton Street, Irvine. An objection has been received from A. Hewitt, 9 Eglinton Gardens, Irvine. The Sub Committee, having considered the terms of the objection, agreed to grant the application. 4.6 05/00204/PP: Irvine: Castlepark Circle: Site to South of former Volvo site Hutchison 3G (UK) Ltd, c/o Agent, Mono Consultants, 48 St Vincent Street, Glasgow have applied for planning permission for the erection of a 15m high slimline monopole with 3 antennas, a 300mm transmission dish, radio equipment housing and ancillary development on a site to the south of the former Volvo site, Castlepark Circle, Irvine. Objections have been received from Maxi Estates, Elliot House, Kilwinning Road, Irvine and Irvine Community Council, per Miss A. Niven, 11 Leven Place, Castlepark, Irvine (comprising objection slips from 73 residents in Castlepark, Irvine). In addition, a petition containing 89 signatures has been received, primarily from residents of Maree Place, Irvine. Page 7

The Sub Committee, having considered the terms of the objections, agreed to grant the application subject to 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. 4.7 04/00775/PP: Kilwinning: Site to North of 8 Hillcrest Place E. McLaughlin, c/o Pryce Architectural Construction Consultants, 8 Grougar Road, Crookedholm has applied for planning permission for the erection of 6 detached dwellinghouses and the formation of associated parking on a site to the north of 8 Hillcrest Place, Kilwinning. Objections have been received from B. Church, no. 14, G. Andrew, no. 11, S. McVay, no. 12, Mrs. M. Simpson, no. 10, A.M. & C. Young, no. 8, A.M. & M. Bradford, no. 6, all Hillcrest Place and J. Brian Boyd, 52 Fergushill Road, all Kilwinning. A site familiarisation visit was undertaken by the Planning Sub Committee in respect of this application. The Sub 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 Polices HOU5 and TOU11 of the Adopted Irvine/Kilwinning Local Plan and Policy OS1 and criteria contained in the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding the Isle of Arran) in that, by reason of its siting, design and appearance, it would present an unsatisfactory frontage to Fergushill Road and that it would result in the loss of an area of open space, which would be detrimental to the character and appearance of the area. 4.8 04/01256/LBC and 04/01255/PP: Irvine: 7 and 7a Bank Street Mr. Reddick, 33 Muir Drive, Irvine has applied for planning permission and listed building consent for the installation of double glazed windows (retrospective) at 7 and 7a Bank Street, Irvine. The Sub Committee agreed to grant planning application 04/01255/PP and listed building consent application 04/01256/LBC. 4.9 04/00538/OPP: Kilwinning: Byres Road: Site of Hay & Anderson (Kilwinning) Ltd Peter McLaughlin Drainage Services, Ardoch Farm, Kilwinning have applied for planning permission for the erection of 8 dwellinghouses on the site of Hay & Anderson (Kilwinning) Ltd, Byres Road, Kilwinning. Page 8

The Sub Committee agreed to refuse the application on the following ground:- 1. That the applicant has not submitted sufficient information for the application to be properly determined. 5. North Coast and Cumbraes Local Plan Area 5.1 05/00141/PP: Largs: Burnside Road: Inverclyde: Sportscotland National Centre Sportscotland, Caledonia House, South Gyle, Edinburgh have applied for planning permission for the installation of two synthetic rugby and football training pitches, eight 17 metre high floodlighting columns and 5 metre and 3 metre high ball-stop fencing at Sportscotland National Centre, Inverclyde, Burnside Road, Largs. Objections have been received from M. Heaton, Dochra Cottage, Brisbane Glen, Mrs. E. McIntyre, 27 Laverock Drive and D. Simpson, 15 Inverclyde View, all Largs. The Sub Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:- 1. That the floodlighting hereby approved shall not be used after 9.00 p.m. on any night. 2. That the use of the synthetic pitches hereby approved shall not commence prior to 8.00 a.m. at weekends. 3. That, prior to the commencement of the development hereby approved, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority (1) details of proposals for minimising the effect of light spillage from the playing surfaces and (2) proposals for the provision of a landscaped buffer located on ground adjacent to the north west corner of the application site. 4. That all landscaping details approved by Condition 3 above shall be carried out the first planting season and seeding seasons following the commencement of the development hereby approved and shall, thereafter, remain in place and be maintained to the satisfaction of North Ayrshire Council as Planning Authority. 5.2 04/00925/PP: West Kilbride: 8 Hunterston Road: Low Drummilling Farm W.N. Jack, 8 Hunterston Road, West Kilbride has applied for planning permission for the demolition of an existing dwellinghouse and the erection of 5 dwellinghouses and garages, comprising 4 semi-detached and 1 detached house, formation of a new access road, erection of a 1.8 metre high timber fence and associated bin store at Low Drummilling Farm, 8 Hunterston Road, West Kilbride. An objection has been received from A. and L. Gibbs, 6 Hunterston Road, West Kilbride. Page 9

The Chief Development Control Officer referred to the inclusion of 3 further recommended conditions in respect of access. The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:- 1. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details of the proposed external finishes. 2. That demolition/construction work shall take place only between 0800 hours to 1800 hours Monday to Friday, and 0900 hours to 1600 hours on Saturdays, and at no time on Sundays or public holidays, and that any variation to these times shall require the prior written approval of North Ayrshire Council as Planning Authority. 3. 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. 4. That the first 6.0m of the access and the junction with Hunterston Road shall be formed and laid out to basecourse level prior to any work commencing on the dwellinghouses hereby approved. 5. That the internal roadway, access and turning facilities shall be completed to an adoptable standard, prior to the occupation of any of the dwellinghouses hereby approved. 6. 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. 7. That the access shall be widened to 5.5m and hard surfaced across the first 15m of the access, prior to the occupation of any of the dwellinghouses hereby approved. 8. That a 2.0m footway shall be provided over the full frontage of the site, adjacent to Hunterston Road, prior to the occupation of any of they dwellinghouses hereby approved. Page 10

9. That the first 15m 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. 5.3 04/01308/PP: West Kilbride: 120-124 Main Street Stuart Duncan Projects, 26 Ritchie Street, West Kilbride have applied for planning permission for the erection of 3 terraced dwellinghouses, the formation of associated access and car parking at 120-124 Main Street, West Kilbride. An objection has been received from West Kilbride Community Council. The Sub Committee, having considered the terms of the objection, agreed to refuse the application on the following grounds:- 1. That the proposed development would be contrary to Policy HOU 7 of the Adopted North Coast and Cumbraes Local Plan as the scale and type of the structures does not blend satisfactorily with the existing adjoining properties and the proposed building line would detract from the setting and appearance of the area. 2. That the proposed development would be contrary to the requirements of the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) as the development would adversely affect the visual amenity and character of the area, which forms part of the proposed Conservation Area, by virtue of its disregard for the established building line and inappropriate design. 3. That the applicant has failed to demonstrate that the proposed development can be drained to the satisfaction of Scottish Water. 6. Breach of Condition Notice: Dreghorn: 28 Main Street: Tandoori Palace 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 1(iii), 3 and 4 of planning permission N/03/00960/PP granted on 10 February 2004. Condition 1(iii) of the permission related to the submission to the Council of details of proposed sound insulation for the premises, condition 3 required the external doors to be self-closing and condition 4 restricted the business hours of the premises to between 4.00 p.m. and 11.00 p.m. each day. Complaints have been received in respect of noise, operating hours and the door of the premises being jammed open. No plans for sound insulation have been submitted to the Council to date. Further complaints were made that the business was being operated outwith the approved times both before 4.00 p.m. and after 11.00 p.m. Page 11

The Sub Committee agreed that a Breach of Condition Notice be served in terms of Section 145(2)(a) of the Town and Country Planning (Scotland) Act 1997 to ensure compliance with Conditions 1(iii), 3 and 4 of planning permission N/03/00960/PP. 7. Tree Preservation Orders Submitted reports by the Assistant Chief Executive (Development and Promotion) on the proposed confirmation of Provisional Tree Preservation Orders at the following locations:- 7.1 Irvine: 20 Townhead The Sub Committee agreed to approve, with modifications, the confirmation of the Tree Preservation Order. 7.2 Largs: Hawkshill House The Sub Committee agreed to approve, without modification, the confirmation of the Tree Preservation Order. 8. Naming of New Housing Developments Submitted reports by the Assistant Chief Executive (Development and Promotion) on the naming of new housing developments at the following locations:- 8.1 Kilbirnie:Site within Redheugh Estate: Harlequin Homes Ltd The Sub Committee agreed to name the development Broster Meadows. 8.2 Ardrossan: Site at Dalry Road: Wm Paton & Sons Ltd The Sub Committee agreed to name the development Dasher Gardens. The meeting ended at 3.20 p.m. Page 12