Planning Sub Committee of Corporate Services Committee
2 February 2004
IRVINE, 2 February 2004 - At a Meeting of the Planning Sub Committee of the Corporate Services Committee of North Ayrshire Council at 2.00 p.m.
Present
David Munn, Tom Barr, Jack Carson, Drew Duncan, Alan Hill, Elizabeth McLardy, John Moffat and David O'Neill.
In Attendance
A. Fraser, Manager, Legal Services, L. Taylor, Trainee Solicitor and J. Miller, Chief Development Control Officer (Legal and Protective); R. Forrest, Planning Services Manager (Development and Promotion); and J. Bannatyne, Corporate and Democratic Support Officer (Chief Executive's).
Chair
Councillor Munn in the Chair.
Apologies for Absence
Elisabethe Marshall and Robert Rae.
1. Arran Local Plan Area
1.1 N/03/00849/PP: Lamlash: Lamlash Bay Apartments
Mrs. Barbara Beattie, c/o Donald Schofield, Craig Dhu, Lamlash, Isle of Arran, has applied for planning permission for the erection of a first floor rear extension, installation of a front dormer window, re-roofing and alterations to a flatted dwellinghouse at Lamlash Bay Apartments, Lamlash, Isle of Arran. An objection has been received from G.A. Ahara, 84 Lower Anchor Street, Chelmsford, Essex/Laurelbank, Lamlash.
The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:-
1. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority samples of the proposed external finishes.
1.2 N/03/00957/PP: Whiting Bay: Site to the North of Largiemhor House
John Corbett Construction, Market Road, Brodick, have applied for planning permission for the erection of a garage and decking to the front and a conservatory to the side of the dwellinghouse on a site to the north of Largiemhor House, Whiting Bay, Isle of Arran. An objection has been received from Mr. and Mrs. Crawley, Largiemhor House, Whiting Bay, Isle of Arran.
The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:-
1. That the garage hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.
1.3 N/03/01107/PP: Kilmory: Site to the South and West of 8 Torlin Terrace
Councillor O'Neill declared an interest in the following item of business and took no part in the discussion thereon.
Kirkcare Housing Association Ltd., 3 Forres Street, Edinburgh, have applied for planning permission for the erection of 8 dwellinghouses and an associated access road on a site to the south and west of 8 Torlin Terrace, Kilmory, Isle of Arran. An objection has been received from C.J.G. Fforde, Arran Estates Office, Douglas Park, Brodick, Isle of Arran.
The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:-
1. That the proposed road outside plots 4 and 5 shall be extended by 3m to provide the required 12.5m turning head length dimension detailed in the Roads Development Guidelines 5.3.40- 5.3.42 and Fig 5.24.
2. That the 2m service strip shall follow the road frontage of plots 3 and 4 to the satisfaction of North Ayrshire Council as Planning Authority.
3. That 2 additional visitor bays shall be provided and maintained as detailed in the Roads Development Guidelines Table 7.3., to the satisfaction of North Ayrshire Council as Planning Authority.
4. That driveways shall be of a minimum length of 10m from the heel of either the footway or service strip at Plots 5, 6, 7, and 8, and designed such that no surface water shall issue from the access/ driveways onto the public road.
5. That the first 2m of the driveways shall be hard surfaced in order to prevent deleterious material from being deposited onto the public road.
6. That the treatment of the boundary enclosures or plot divisions shall be agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works.
7. That prior to the commencement of development, details of the drainage/sewerage disposal scheme shall be submitted to and agreed in writing by the Local Planning Authority.
8. The houses hereby approved shall not be occupied until the approved drainage/sewerage disposal scheme is fully installed and in accordance with the details approved under Condition 7.
2. Garnock Valley Local Plan Area
N/03/01005/PP: Dalry: Site to the Southwest of Bankhead Farm
Mr. H. Smith, Bankhead Farm, Dalry, has applied for planning permission for the erection of a dwellinghouse for an agricultural worker on a site to the southwest of that address.
The Sub Committee agreed to grant the application subject to (a) the applicant entering into an Agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to limit occupation of the house to a person solely or mainly employed, or last employed, in the locality in agriculture as defined in Section 277 of the Town and Country Planning (Scotland) Act 1997 or in forestry, or a dependant of such a person residing with him or her, or a widow or a widower of such a person; and (b) 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: i) a sample or exact details of the proposed roof finish; and ii) details of the finished floor level relative to the surrounding land.
2. That visibility splays of 2.5m x 60m in both directions at the junction of the access with the public 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 metres measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.
3. That the first six metres of the access, 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 public road.
4. That the applicant shall satisfy himself that ground conditions are suitable for the proposed development.
5. That all drainage arrangements shall be to the Scottish Environmental Protection Agency's Guidelines and to the satisfaction of North Ayrshire Council as Planning Authority and the septic tank and soakaway shall be designed and constructed in accordance with the current code of practice BS6297:1983.
6. That surface water drainage shall be excluded from the septic tank.
7. That no development shall take place until a soil porosity test has been carried out to the satisfaction of North Ayrshire Council as Planning Authority.
8. That the septic tank shall be located in such a position as will enable it to be emptied by road tanker.
9. That the proposed dwellinghouse shall be provided with an adequate and wholesome water supply, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority prior to the commencement of the development.
3. Irvine/Kilwinning Local Plan Area
3.1 N/03/00196/OPP: Kilwinning: 55 Woodwynd
Mr. Clarke McDowall, 1 Glenbervie Drive, Kilwinning, has applied for outline planning permission for the erection of a dwellinghouse at 55 Woodwynd, Kilwinning. Objections have been received from Mr. and Mrs. McCraig, 14 Woodburn Avenue, John McFadzean, Elderbank, 57 Woodwynd and Ian Smith and Marnie Ritchie, 55 Woodwynd, all Kilwinning,
The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-
1. That the proposed site is not suitable for development given its shape and size which would result in a vehicular access of an inadequate width and a house sited at the rear of the plot which would overlook and give rise to a loss of privacy in the gardens and houses at Nos. 55 and 57 Woodwynd and 14 Woodburn Terrace.
2. That the proposed house would be contrary to Housing Policy 9 in the Adopted Irvine/Kilwinning Local Plan in that it would involve the loss of privacy to existing houses and of existing features and would be an unacceptable backland development.
3. That the proposed house would not satisfy criteria (a), (b) or (d) of the Development Control Statement in the Finalised North Ayrshire Local Plan (Excluding Isle of Arran) in terms of (a) the proposed siting of the house, (b) the loss of privacy to neighbouring properties and (d) the inadequate access.
3.2 N/03/00774/PP: Irvine: Outbuilding to the rear of 131-137 High Street
PARS Properties Ltd., 8-12 Glentanar Road, Glasgow, have applied for planning permission for the change of use from store to Class 3 restaurant including internal and external refurbishment at the outbuilding to the rear of 131-137 High Street, Irvine. An objection has been received from S. McCurragh, Flat 133D High Street, Irvine.
The Sub Committee, having considered the terms of the objection, agreed to grant the application subject to the following conditions:-
1. That there shall be no public access to the proposed restaurant direct from the close serving the flats at No 133 High Street.
2. That full details of a scheme to control cooking odours, including any flue, shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority which system shall be installed prior to the commencement of the use, hereby approved, and shall be operational at all times during the preparation and cooking of food.
3.3 N/03/00829/PP: Irvine: Fleming Terrace
George Wimpey West (Scotland) Ltd., Renfrew Road, Paisley, have applied for planning permission for the erection of 12 semi detached dwellinghouses, 19 terraced dwellinghouses and the formation of associated roads, footways, car parking spaces and landscaped areas at Fleming Terrace, Irvine. Objections have been received from Mr. and Mrs. W. Frearson, No. 44, Keith Gibson and Beatrice Heimgartner, No. 48A (this letter was also signed by Ronald Peggie, No. 48), and Peter Canley, No. 46, all Kilwinning Road, Irvine.
The Sub Committee, having considered the terms of the objections, agreed to grant this application subject to (a) the applicants entering into an agreement in terms of Section 75 of the Town and Country Planning (Scotland) Act 1997 to provide for the payment of a commuted sum towards the improvement/provision of play facilities in Irvine; and (b) the following conditions:-
1. 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 to the dwellinghouses; ii) the surface finish to the car park and parking court access road; and iii) all boundary walls and fences
2. 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.
3. 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.
4. 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 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 all boundary fences and walls agreed under Condition 1 above and shown on the approved plans shall be erected prior to the occupation of the dwelling within that plot.
6. That lockable gates shall be provided on the pedestrian access lanes to the rear garden areas prior to the occupation of the adjoining dwellinghouses.
7. That notwithstanding the permission granted by Article 3 of and Classes 1 and 7 of Part 1 of Schedule 1 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any Order revoking or re-enacting that Order) the express approval of North Ayrshire Council as Planning Authority shall be required in respect of any enlargement, improvement or other alteration of the dwellinghouses or the erection of fences, walls or other means of enclosure forward of the building line.
8. That any significant contamination which becomes evident during the development of the site shall be brought to the attention of North Ayrshire Council as Planning Authority, together with a scheme of remediation prior to any further development taking place.
9. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the proposed method of the disposal of surface water drainage from the site.
3.4 N/03/00960/PP: Irvine: Dreghorn: 28 Main Street
Kartar Singh Barhaya, 112 Springkell Avenue, Pollokshields, Glasgow, has applied for planning permission for a change of use of butchers shop to hot food takeaway and erection of a rear flue at 28 Main Street, Dreghorn. Objections have been received from Ms. Julie Rickett, Flat 4, 26 Main Street, Mr. Robert Russell, Flat 1, 26 Main Street, Mr. Jim Docherty, Flat 3, 26 Main Street, Ms. Rena McCall, Flat 2, 26 Main Street, Lesley Wilson M.R. Pharm S., 20 Main Street and P. Singh, Peter's Keystore, 81 Main Street, all Dreghorn, Irvine.
The Sub 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 use of the premises as a hot food takeaway, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority full details of: i) the proposed refuse storage arrangements; ii) the siting and design of the proposed ventilation system for the premises including maintenance arrangements which shall incorporate a charcoal filter extract system rather than a high flue; and iii) proposed sound insulation for the premises.
2. That the charcoal filter system shall be operated at all times when cooking takes place on the premises, to the satisfaction of North Ayrshire Council as Planning Authority.
3. That the external doors shall be self closing; no amplified music shall be used and any background music shall be modulated so as not to be audible outside the premises.
4. That the premises shall not be open for business before 4.00pm nor after 11.00pm each day.
3.5 N/03/01008/PP: Irvine: Bourtreehill North: 4 Blaven Head
The Sub Committee noted that the application submitted by George Laird, 4 Blaven Head, Bourtreehill North, Irvine, for planning permission for a two storey extension to the side and a single storey extension to the rear of the terraced dwellinghouse at that address, had been withdrawn.
4. North Coast and Cumbraes Local Plan Area
4.1 N/03/00781/PP: West Kilbride: Site to the East of Gateside Street
Helmsdale Homes Ltd., 3 Strathgryffe Crescent, Bridge of Weir, have applied for planning permission for the erection of 26 detached dwellinghouses with associated roads and footpaths on a site to the east of Gateside Street, West Kilbride. Objections have been received from Ms. May Prentice, Holmfoot, Dalry Road, M.P. Wilson, Cottage No. 1, Holmfoot, Dalry Road, Mr. James Prentice, Holmfoot, Dalry Road, Mr. Allan Cunningham, Cottage No. 2, Holmfoot, Dalry Road, Frank and Pauline Mellon, 79 Gateside Street, Mr. Thomas Miller, 37 Cubrieshaw Street, Ms. Pauline Mellon and others, 79 Gateside Street, Colin and Barbara McDougall, 83 Gateside Street and Alex Adam and Son, 84 Gateside Street, all West Kilbride.
A site familiarisation visit was undertaken by the Planning Sub Committee on 28 January 2004 in respect of this application.
The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-
1. The proposed development would be detrimental to road and pedestrian safety due to the inadequate nature of the public footpath links along Gateside Street, West Kilbride and is therefore considered to be contrary to the relevant criteria specified in the Development Control Statement of the Finalised North Ayrshire Local Plan (excluding Isle of Arran).
4.2 N/03/00913/PP: Largs: 26 Nelson Street
Alex McKay Construction Ltd., Clune Brae, Port Glasgow, have applied for planning permission for the demolition of a public house and the erection of a 3 storey block, 11 flats and the formation of associated access, car parking and a landscaped area at 26 Nelson Street, Largs. Objections have been received from Bryan J. Byrne, 33-35 Nelson Street and Ronald Bisset, 23 Nelson Street, both Largs. An additional objection received from Largs Community Council was tabled at the meeting.
A site familiarisation visit was undertaken by the Planning Sub Committee on 28 January 2004 in respect of this application.
The Sub 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 development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the proposed external finishes.
2. That the surface water arising from the site shall be treated in accordance with the principles and practices contained in CIRIA's "Sustainable Urban Drainage Systems Design Manual for Scotland and Northern Ireland 2000" details of which shall be submitted and agreed in writing with North Ayrshire Council as Planning Authority.
3. That prior to the occupation of any of the flats hereby permitted, the associated parking provision shall be constructed in accordance with the approved plans.
4. That prior to the commencement of the development hereby approved, details of a scheme to address the maintenance of the flue serving the adjacent property and potential nuisance odours to the upper floor flats, shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority and thereafter any scheme which may be approved shall be implemented to the satisfaction of the Planning Authority prior to the occupation of any of the flatted dwellinghouses unless otherwise agreed in writing.
5. That the first 6m of the access road shall be hard surfaced to prevent deleterious material from being deposited onto the public road and designed such that no surface water shall issue from the access onto the public road.
6. That the applicant shall form a footway crossing in accordance with North Ayrshire Council Roads Guidelines to the satisfaction of North Ayrshire Council as Planning Authority.
4.3 N/03/00500/PP: Largs: 145 Main Street
Mr. and Mrs. Rodrigues, 44 Castlebay Court, Largs, have applied for planning permission for proposed alterations to and refurbishment of a builders yard to form an art gallery/shop and dwellinghouse at 145 Main Street, Largs. Objections have been received from Mr. D. Gourlay, 8 Waterside Street, V. Connelly, 8 Waterside Street, M. Mayward, (rear cottage), 8 Waterside Street, Mr. P. Valerio, 5-7 Stanlane Place (as owner of adjacent flatted building of 139a, 139b, 141a and 141b, Main Street), all Largs.
A site familiarisation visit was undertaken by the Planning Sub Committee on 28 January 2004 in respect of this application.
The Sub Committee, having considered the terms of the objections, agreed to refuse the application on the following grounds:-
1. That the proposed development would be contrary to Policy COM7 of the Adopted North Cost and Cumbraes Local Plan in that it will have an adverse effect on the amenity of residential development in the area.
2. That the proposed development would be contrary to the Development Control Statement of the Finalised North Ayrshire Local Plan (Excluding Isle of Arran) in that it is considered to be of an inappropriate siting and design which would result in a loss of sunlight to neighbouring gardens to the detriment of the amenity of neighbouring properties and which would represent an overdevelopment of the site.
5. Kilwinning: Abbots Avenue: Closure of Right of Way
Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed confirmation of a Public Path Closure Order under Section 34 of the Countryside (Scotland) Act 1967 for a section of the footpath at Abbots Avenue, Kilwinning.
The Sub Committee on 27 October 2003 approved the promotion of the above footpath closure order, which was subsequently advertised with a closing date for any objections of 22 December 2003. As no objections were received, the Council may confirm the Order. This requires a further advertisement allowing a six week period during which objections to the Order may be made by application to the Court. Such objections could relate only to the formal validity of the Order.
The Sub Committee agreed to confirm the Public Path Closure Order for the section of the footpath at Abbots Avenue, Kilwinning.
6. Naming of New Housing Development by Burnfield Builders Ltd. at Wilson Street, Beith
Submitted report by the Assistant Chief Executive (Development and Promotion) on the naming of a new housing development at Wilson Street, Beith.
The Sub Committee agreed to name the development "Barrington Gardens".
7. Isle of Arran: Sannox: Confirmation of Tree Preservation Order
Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed confirmation of a Tree Preservation Order at Sannox, Isle of Arran.
The Sub Committee on 27 October 2003 agreed to the service of a Tree Preservation Order on a number of mature trees bordering a narrow lane used to access a proposed housing development site at Sannox, Isle of Arran. A Provisional Tree Preservation Order was subsequently served on the owners of the area concerned. One objection has been received, on the grounds that the trees are unstable and potentially require felling or other management. Confirmation of the proposed Order would not prevent the management of the trees, but would result in the Council's permission requiring to be sought prior to any action being taken in respect of the trees.
The Sub Committee, having considered the terms of the objection, agreed to approve, without modification, the confirmation of the Tree Preservation Order.
The Meeting ended at 3.35 p.m.