North Ayrshire Council

May 2007 to April 2012

Department Legal and Regulatory Services

1. Introduction

Consideration of this application was continued at the meeting of the Planning Committee on 8th July 2008 to enable further investigation of issues raised by a late representation relating to land ownership. The applicant has submitted an amended block plan which correctly plots the planning application onto the land owned by the applicant. This amendment illustrates that the service road or driveway leading to the rear of Glenbryde Mill would not be affected by the proposed development.



2. Description

This application seeks detailed planning permission for the erection of two dwellinghouses on vacant ground to the east of Glenbryde Mill, Glenbryde Road within the Seamill area of West Kilbride.

The application site occupies an area of 960 square metres or thereby and fronts onto a hardstanding which forms the end of the private access serving Glenbryde Mill. Glenbryde Mill was converted from an hotel into flats during 1991. It is accessed from Glenbryde Road which connects to the A78 Ardrossan Road in Seamill.

The proposed dwellinghouses have been designed to take account of the character and appearance of the adjacent Glenbryde Mill. Each house would feature a circular turret on the front elevation as well as having similar fenestration and finishing materials. These consist of traditional sash and case style windows on the front elevation, white painted wet dash rendering and a slate effect roof. The houses would have two storeys where they face onto the access road and three storeys to the rear. The site is split level which allows for a third storey to be incorporated at basement level to the rear. Private garden ground would be provided to the rear of the houses where the site adjoins the Kilbride Burn. Each house would have a range of public rooms on the basement and ground floors with two bedrooms on the first floor. A balcony is also proposed on the ground and first floors looking towards the Kilbride Burn.

The site is located within a built up area of Seamill. In terms of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), the site is allocated for residential purposes. It sits within the steeply sided valley of the Kilbride Burn which is heavily wooded. This gives the area a secluded, semi-rural character which is in contrast to the more suburban character of Ardrossan Road nearby. To the north, and at a higher level beyond the woodland, is the Category 'A' listed former Seamill Teacher's Centre, now used by a charity. To the east, are wooded grounds, to the south an area of grass on the banks of the Kilbride Burn and to the west is Glenbryde Mill.

In terms of planning history, detailed approval was granted for the conversion of the former Glenbryde Hotel into 7 flats together with outline approval for a block of 7 new build flats on 18th December 1990 (ref. CH/01/90/662). The hotel was subsequently converted into flats. The outline permission for 7 new-build flats (which would have been on the current application site) has subsequently lapsed. A total of 19 parking spaces were proposed for the conversion and new build flats. Through the title deeds for the properties, each flat was allocated one space adjacent to Glenbryde Mill and some areas of hardstanding close to the site have also been utilised for parking. Part of the application site itself has been used as an informal parking area by residents or visitors, despite the 1990 proposal clearly indicating this area was to be developed as a block of 7 flats.


The application site is located within a residential area of West Kilbride where Policy RES 1 applies. This states that residential development accords with the Local Plan within such areas. In addition, due to the close proximity of the site to a listed building, the application also requires to be assessed against Policy BE 5. Finally, the Local Plan Development Control Statement is of relevance.


3. Consultations and Representations

The applicant's agent has certified that the statutory neighbour notification requirements have been undertaken. In addition, the application was advertised in a local newspaper on the 25th April 2008 for neighbour notification purposes.

The application was also advertised in a local newspaper on 20th June 2008 as development affecting the setting of a listed building (being the Category 'A' listed former Seamill Teacher's Centre to the north of the site). One letter of objection and two letters of representation have been received. These are from the following:

1. Mrs Pat Coyle, 4 Glamis Avenue, Newton Mearns (objection)
2. Edward Jackson, 320 Stresemannstrasse, 22761 Hamburg, Germany (representation)
3. Mr Jim Brown, 16 Little Haynooking Lane, Maltby, Rotherham, South Yorkshire (representation).

The grounds are as follows:

1. Concerns are expressed with respect to the condition of the access road which is narrow and already in need of repair. Additional development in this area could lead to serious congestion to and from the A78.

Response: See Transport Scotland and Roads comments, below.

2. The application site includes an area of hardstanding which has been used as a common car park for the flats since they were converted from the hotel in 1991.

Response: The site was granted outline planning permission for the erection of 7 flats at the same time as the detailed approval was granted for the conversion of the former Glenbryde Hotel into flats. Parking arrangements for both developments were set out at that time and there would be no loss of parking for the flats resulting from this proposal. This proposal is for two houses, both of which would have parking within their respective curtilages. See also Roads comments, below.

3. It is contended that any damage to the private road by construction traffic should be repaired by the developer at their own expense.

Response: A planning condition can be imposed to ensure that the section of road within the application site is resurfaced following completion of the development. However, the condition of other roads leading to the site that are privately owned would be a matter for resolution between the developer and the owners of the road.


4. The application site is shown on the location plan as being substantially larger than the site available for development. The Planning Authority should be made aware of the actual extent of the ownership of the developers and indeed the area open to them for development.

Response: The applicant has submitted the appropriate ownership certificate to accompany this application, and claims to own all of the land to which the application relates. The application was continued from consideration at the 8th July 2008 Planning Committee to enable this matter to be investigated. As a result, the applicant's solicitor has written to the Keeper (of Registers of Scotland) for confirmation that the boundaries on the submitted planning application coincide with the applicant's land ownership. Based on the information exchanged between the Keeper and the applicant's solicitor, there appears to be no discrepancy between the planning application boundary and the applicant's land ownership in this area. Furthermore, an amended block plan has been submitted that clearly shows that there would be no conflict between the proposed development and the existing access leading to the rear of the existing flats, which is outwith the site and would be retained.

5. The matter of drainage will require to be assessed particularly due to the close proximity of the burn both to the proposed development and to the existing properties at Glenbryde Mill. It is questioned whether or not the present system can support two new large dwellinghouses.

Response: Scottish Water have no objection to the proposed development. The applicant advises that there is a surface water drain running through the site. A condition can be imposed to ensure that surface water is dealt with in accordance with the principles of sustainable urban drainage.

6. There are many mature trees within the application site. It is questioned if the Council will ensure that these trees are safeguarded during any development.

Response: A number of trees and shrubs will require to be felled. However, this would also have been the case if the flatted development, approved in 1990, had proceeded. The applicant has stated that it is his intention to retain as many trees as possible in order to preserve the mature landscape setting of the site. This matter can be addressed by a condition which would require the submission of a detailed survey of existing trees together with a plan showing which trees are to be retained and protected during the course of development. Such a condition would also allow for re-planting.


Consultations


Transport Scotland (Trunk Roads Network Management) - No objection.

Response: Noted.



Roads and Transportation Services - No objections. Roads make reference to the 1990 approval for 7 flats on the site. This outline proposal was approved but was not built. The current application is for two houses and this will generate less traffic than the previously approved scheme, which would have amounted to 14 units when combined with the 7 units created from the conversion of the Glenbryde Hotel. Consequently, Roads have no objections to this proposal, although it is recommended that the road up to the development from Glenbryde Road is resurfaced as it is currently poor with pot holes.

Response: The road is privately owned by others; however, it has been confirmed by the developer that any defects that are created during the course of the construction will be made good upon completion of the development. This can be addressed by condition.


Scottish Water - No objections to the planning application. A separate application should be made for connection to Scottish Water infrastructure after planning permission is approved. Furthermore, this development may involve building over or obstructing access to an existing sewer. Technical assistance will be required from Scottish Water to resolve this issue.

Response: Noted. A note can be appended to any grant of planning permission.


West of Scotland Archaeology Service - Burials associated with an early Christian Chapel were discovered in 1856 close to the site. There is a potential that remains may have extended as far as the site and a programme of archaeological monitoring should be undertaken in conjunction with any groundworks associated with the development.

Response - A condition could be imposed in this regard. WSAS has provided appropriate wording for such a condition.


Historic Scotland - due to the steeply sloping topography to the south of the 'A' listed building, it is not considered that the proposed development will have an adverse impact on its setting.

Response - Noted. See Analysis.


4. Analysis

The application site consists of landscaped ground and a hard standing area adjacent to the curtilage of a flatted development. The land is not owned by the occupiers of the flats, although it is used as an informal parking area, especially by visitors. The application site is located within a residential area of West Kilbride in terms of the Adopted Local Plan. This states that residential development is acceptable in principle within such areas.





Since there is a Category 'A' listed building close to the site, Policy BE 5 is also relevant. This states that any proposal that would have an adverse effect on the setting of a listed building shall not accord with the Local Plan. It is considered that the proposed development would not adversely affect the setting of the Category 'A' listed building to the north, since it occupies a much higher ground level and is partially screened by a steeply sloping wooded embankment. The proposed development would be largely obscured by the wooded embankment which lies in between the Category 'A' listed building and the application site. Historic Scotland have reached a similar view on the matter.

The application requires to be assessed against the Development Control Statement. This follows below:


(a) Siting, design and external appearance

The proposed houses would be substantial in area in relation to the plots they would occupy. However, the site enjoys the benefits of an attractive woodland location adjacent to the Kilbride Burn, which is a small watercourse. The outlook from the houses would include woods and the burn. The garden ground around the houses would be restricted in area, but it is considered that the nature of the site is such that large areas of private garden ground would not be required, especially in view of the mature landscape setting and semi-rural nature of the area.

A clear attempt has been made to harmonise the proposed development with Glenbryde Mill, which is a much older building. The proposed flats would satisfactorily relate to this building both in terms of scale, design and external appearance. The south elevation has a more modern and contemporary character to take advantage of the views towards the Kilbride Burn and beyond to the woods. It is considered that siting, design and external appearance are satisfactory for the proposed site.


(b) Amenity

It is likely that a small number of trees and shrubs will require to be removed to accommodate the proposed development. However, given the context of this site, which is surrounded by wooded hillsides, it is not considered that the small loss of one or two trees and some shrubs would have any significant adverse affect on the amenity of the area. However, it is the developer's stated intention to retain trees wherever possible, and to replace any that are lost. This would ensure that there is a continuity in terms of the landscape character within this site. It is not considered that there would be any adverse effect on the amenity of the current occupiers of the flats adjoining the site, since there would be no windows overlooking private areas or habitable rooms.



(c) Landscape character

As the site is wholly within the settlement of West Kilbride, there would be no significant effects on the landscape resulting from this small development proposal. Since the site is secluded and cannot be seen from the public roads adjoining the Glenbryde Mill area, it is considered that any effects on landscape resulting from the development would be very localised.


(d) Access, Road Layout and Parking Provision

Roads & Transportation Services and Transport Scotland have no objection to the proposed development. Two parking spaces would be provided within the curtilage of each property. Access to the flats at Glenbryde Mill would be safeguarded.


(e) Water and Sewerage

No objections have been received from Scottish Water. A SUDS condition can be imposed for surface water.


(f) Safeguarding zones and (g) Precautionary principle

These are not relevant to this proposal.

In summary, it is considered that this is a sensitive proposal that it consistent with the Development Plan policy for the area and the Development Control Statement.


5. Full Recommendation

See Appendix 1.

For further information please contact Mr A Hume, Planning Officer , on 01294 324318

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