Planning and Regulatory Sub Committee

14 June 1999





Irvine, 14 June 1999 - At a meeting of the Planning & Regulatory Sub-Committee of the Corporate Services Committee at 10.00 a.m.

Present
David Munn, Samuel Gooding, Robert Reilly, Jack Carson, Ian Clarkson, David Gallagher, Elizabeth McLardy, John Moffat, David O’Neill, Robert Rae and John Reid.


In Attendance
I Mackay, Assistant Chief Executive (Legal and Regulatory); J Kerr, Principal Licensing and District Court Officer; L McHugh, Solicitor (Licensing); M McCann, Administrative Assistant and D Cartmell, Team Leader, Development Control (Legal and Regulatory) and S Paxton, Administration Officer (Chief Executive’s).

Also In Attendance
Chief Superintendent Campbell, Strathclyde Police.

Chair
Mr Munn in the Chair.

Apologies for Absence
John Sillars and Elliot Gray.


    1. Arran Local Plan

    N/01/99/0013: Lamlash: Park Terrace: 20K-N and adjacent land: Change of use and alteration of existing building to form 5 flatted dwellings and erection of 4 flatted dwellings:

    David P Nimbley, c/o 21 Portland Road, Kilmarnock has applied for planning permission to change the use and to alter an existing building to form 5 flatted dwellings and erection of 4 flatted dwellings at Park Terrace, Lamlash, Isle of Arran.

    The Sub-Committee agreed to grant the application, subject to the following conditions:-

    1. That prior to the occupation of any of the flats the first 60m of the existing access leading from Park Terrace to the Community Centre shall be upgraded to an adoptable standard including improvements to the carriageway width, carriageway drainage, the provision of street lighting, and a 2m wide footway along the east side of the section of the 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 a revised site plan showing the upgrading works mentioned in condition 1 above and also the first 10.5m of the access to the car park widened to 5.5m with a 1.8m wide footway provided along the south side.

    3. The foul drainage from the development shall be connected to the public sewerage system via a suitably sized septic tank to the satisfaction of SEPA and North Ayrshire Council as Planning Authority.

    4. That the developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the planning authority during development work. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by the West of Scotland Archaeology Service on behalf of the planning authority. The name of the archaeological organisation retained by the developer shall be given to the planning authority and to the West of Scotland Archaeology Service in writing not less than 14 days before development commences.

    5. 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: i) refuse storage arrangements, and ii) the surface finish to all road, pavement and car parking areas.

    6. 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.

    7. That all planting, seeding or turfing comprising 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.


    2. Garnock Valley Local Plan Area

    N/01/99/0140: Dalry: West Kilbride Road: Lynnview, Holmes of Caaf: Removal of condition no. 1 of planning permission ref CH/83/0596 (to remove occupancy restriction)

    Mr W Gilbert, Lynnview, Holmes of Caaf, West Kilbride Road, Dalry has applied for planning permission for the removal of condition no. 1 of planning permission CH/83/0596 (agricultural occupancy condition) at Lynnview, Holmes of Caaf, West Kilbride Road, Dalry.

    The Sub-Committee agreed to grant the application.


    3. Irvine/Kilwinning Local Plan Area

    (a) N/01/99/0090: Irvine: Long Drive: Site to north of BP3: Outline planning permission for proposed leisure development incorporating the following: stand alone restaurant, fast food retail, budget hotel, health club

    Enterprise Ayrshire has applied for outline planning permission for proposed leisure development incorporating a stand alone restaurant, fast food retail, budget hotel, health club at a site to north of BP3, Long Drive, Irvine.

    The Sub-Committee agreed to grant the application, subject to the following conditions:-

    1. That the approval of North Ayrshire Council as Planning Authority with regard to the siting, design and external appearance of, landscaping and means of access to the proposed development shall be obtained before the development is commenced.

    2. That there shall be a single submission of reserved matters in respect of all the uses hereby approved.

    3. That the submission of reserved matters shall include details of the phasing of the development which phasing shall specify that neither the restaurant or fast food outlets shall be open to the public until the hotel is substantially complete.

    4. That no development shall take place until the proposals for a new roundabout to the east have been implemented.

    5. 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.

    6. That the site shall be linked into existing footway and cycle path links serving Riverside Business Park.

    7. That there shall be no direct vehicular access to Riverside Business Park other than via Greenwood Interchange and Long Drive.

    8. That parking for the individual components of the proposed development hereby approved shall meet North Ayrshire Roads Guidelines for that type of development.

    9. That no development shall take place within the safeguarded zone for the 450mm trunk water main.

    (b) N/01/99/0163: Irvine: Bourtreehill: 8 Lower Vennel: Alterations and change of use of shop to form fish and chip shop

    Martin Ward, 16 Lewis Wynd, Irvine has applied for planning permission to alter and change the use of the shop at 8 Lower Vennel, Bourtreehill, Irvine to form a fish and chip shop. Concern was expressed regarding the application.

    The Sub-Committee agreed to grant the application, subject to the following conditions:-

    1. That the means of ventilation/fume extraction shall be via a low level carbon activated filter system located to the rear, details of which shall be agreed in writing with North Ayrshire Council as Planning Authority prior to installation and which system shall be regularly maintained to the satisfaction of North Ayrshire Council as Planning Authority.

    2. That all drains leading into the public sewer shall be fitted with grease filters.

    (c) N/01/99/0166: Kilwinning: 49 Woodwynd: Extension to dwelling house to form hall, study and bedroom with en-suite shower room

    Alan Todd, 49 Woodwynd, Kilwinning has applied for planning permission to erect an extension to dwellinghouse at 49 Woodwynd, Kilwinning to form a hall, study and bedroom with en-suite shower room. An Objection have been received from Mr and Mrs Sneddon, 51 Woodwynd, Kilwinning.

    Having considered the terms of the objection, the Sub-Committee agreed to grant the application, subject to the condition that a sample of material to be used externally in the construction of the walls shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.


    4. Gaming Act 1968

    Submitted report by the Assistant Chief Executive (Legal and Regulatory) on applications in respect of permits under Section 34 of the Gaming Act 1968.

    The Sub-Committee agreed (a) that in future the names of applicants for permits be included in reports; and (b) to approve the applications as undernoted:-

    Applicant/Premises
    No of Machines
        20/22 Stuart Street, Millport, Isle of Cumbrae (Renewal)
    50
        Garrison Showground, Millport, Isle of Cumbrae (Renewal)
    25
        Dolmenicos, 7 New Street, Stevenston (Renewal)
    1



    5. Lotteries and Amusements Act 1976

    Submitted report by the Assistant Chief Executive (Legal and Regulatory) on applications for permits under the Lotteries and Amusements Act 1976 for the commercial provision of amusements with prizes from operators at 20/22 Stuart Street, Millport, Isle of Cumbrae and the Garrison Showground, Millport, Isle of Cumbrae.

    The Committee agreed (a) that in future the names of applicants for permits be included in reports; and (b) to approve the applications.


    6. Exclusion of Public

    The Committee resolved, in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude from the Meeting the press and the public for the following item of business on the grounds indicated in terms of Paragraphs 6, 13 and 14 of Schedule 7A of the Act.


    7. Civic Government (Scotland) Act 1982: Licensing Hearings

    Submitted report by the Assistant Chief Executive (Legal and Regulatory) on (a) applications for a grant or renewal of licences under the Civic Government (Scotland) Act 1982; (b) licence holders where the issues raised may require a hearing; and (c) individual licences where formal hearings have been convened and which require to be determined by the Sub-Committee.

    The Committee agreed to dispose of these matters as indicated in Parts I, II and III of attached Appendix P and R 1.

    The meeting ended at 12 noon.