Planning Committee
24 February 2009
IRVINE, 24 February 2009 - 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, David Munn and Ryan Oldfather.
In Attendance
R. Forrest, Planning Services Manager, J. Miller, Chief Development Management Officer and A. Craig, Senior Solicitor (Legal and Protective); and M. Anderson, Committee Services Officer (Chief Executive's).
Chair
Councillor McLardy in the Chair.
Apologies for Absence
Provost Robert Rae.
1. Declarations of Interest
Councillor Barr declared an interest in Agenda item 4.2: 07/01192/PP: Dalry: Site to the North East of Birkentop Farm and withdrew from the meeting for that item of business.
2. Isle of Arran
2.1 08/00904/PP: Blackwaterfoot: Shiskine Golf and Tennis Club
Shiskine Golf and Tennis Club, Blackwaterfoot, Isle of Arran, have applied for planning permission for the erection of a new Clubhouse at that address. 1 objection has been received, as detailed in the report.
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, hereby approved, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of all external finishes and areas of hard standing.
2. That, prior to the commencement of the development, hereby approved, the applicants shall (i) submit for the written approval of North Ayrshire Council as Planning Authority details of the proposals for the construction of a passing place on the access road to the clubhouse adjacent to the 13th tee; and (ii) provide the approved passing place, to the satisfaction of North Ayrshire Council as Planning Authority.
3. That the changing room windows on the south elevation of the building shall be fitted with obscure glazing to the satisfaction of North Ayrshire Council as Planning Authority and shall not be replaced with clear glazing without the prior written approval of North Ayrshire Council as Planning Authority.
4. That, prior to the commencement of the use of the development, hereby approved, the existing clubhouse shall be removed and the site developed as a car park in accordance with Drawing No. PB/583A/02B to the satisfaction of North Ayrshire Council as Planning Authority, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.
2.2 08/00918/PP: Lamlash: Clauchlands: Site to North East of Clauchlands Farm
Alec Reid, Clauchlands Farm, Clauchlands Road, Lamlash, Isle of Arran, has applied for planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the north east of that address.
The Committee agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit the occupation of all of the dwellinghouses to persons employed in agriculture at Clauchlands Farm or a dependant of such persons; and (b) the following conditions:-
1. That the septic tank and soakaway shall be designed and constructed in accordance with the requirements set out in "The Scottish Building Standards: Technical Handbook: Domestic" issued in May 2005. The soakaway shall be located at least 50m from any private water supply or other groundwater resource and the minimum of 10m from any watercourse or permeable drain. If poor soil porosity or risk to ground water resources preclude the use of a soakaway, alternative arrangements shall be agreed with North Ayrshire Council as Planning Authority prior to the commencement of the development.
2. 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 that 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.
3. That the applicants shall (i) prior to the commencement of the development, submit for the written approval of North Ayrshire Council as Planning Authority details for the provision of an adequate and wholesome water supply for the dwellinghouse hereby approved; and (ii) install the approved water supply prior to the occupation of the dwellinghouse.
4. That the roofing material shall be natural or artificial slate, a sample of which shall be submitted for the approval in writing of North Ayrshire Council as Planning Authority prior to the commencement of any works.
3. Ardrossan/Saltcoats and Stevenston
3.1 08/00764/PP: Stevenston: Site to West of 37 Ardoch Crescent
Brett Properties, 7A Ballylagan Lane, Aghadowey, Coleraine, has applied for planning permission for the erection of 6 semi-detached dwellinghouses on a site to the west of 37 Ardoch Crescent, Stevenston. 1 representation has been received, as detailed in the report.
The Committee, having considered the terms of the representation, agreed to grant the application subject to the following conditions:-
1. That, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority details or samples of the proposed external finishes.
2. That, prior to the commencement of the development, hereby approved, the applicants shall submit details of the proposed boundary enclosures, for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the approved boundary enclosures shall be erected prior to the occupation of the first dwellinghouse, to the satisfaction 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 Manual", published in March 2007, shall be submitted to, and approved by, North Ayrshire Council as Planning Authority unless otherwise agreed in writing by North Ayrshire Council as Planning Authority. Thereafter, any scheme that 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.
4. That, prior to the occupation of the dwellinghouses, hereby approved, (i) the access/driveway shall be designed in such a way that no surface water shall issue onto the public road, (ii) the first 2 metres of the driveway shall be hard surfaced in order to prevent deleterious material being deposited onto the public road and (iii) a 2.0 metre wide footway shall be provided over the full width of the site frontage with the public road, all to the satisfaction of North Ayrshire Council as Planning Authority.
5. That, prior to the occupation of the dwellinghouse hereby approved, the 2 no. parking spaces allocated to each dwellinghouse, illustrated on the approved drawings (reference N/08/00764/PP) shall be formed and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority.
6. 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: 2001. 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.
4. Garnock Valley
4.1 08/00275/PP: Beith: 26 Kings Road: Police Station
Gleniffer Developments Ltd., Stirling House, 226 St. Vincent Street, Glasgow, have applied for planning permission for the erection of a retail development comprising one Class 1 unit, one Class 2 unit and one hot food takeaway with access, parking and associated ancillary development at the Police Station, 26 Kings Road, Beith. 6 objections, including an objection from Beith and District Community Council, have been received, as detailed in the report. 1 representation has also been received, as detailed in the report.
The Committee, having considered the terms of the objections and representation, agreed to refuse the application on the following ground:-
1. That the proposed development would be contrary to Policy TC1 and the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran) in that it would (i) be detrimental to visual amenity by reason of its siting, design and external appearance and unsatisfactory relationship with existing neighbouring developments and townscape, (ii) result in the loss of trees which would be detrimental to the amenity of the area and (iii) give rise to noise and disturbance at late hours which would detract from the amenity of nearby residential properties.
4.2 07/01192/PP: Dalry: Site to the North East of Birkentop Farm
Colin Smith, Birkentop Farm, 50 Beith Road, Dalry, has applied for planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the north east of that address.
The Chief Development Management Officer made reference to a revised location plan showing amended access arrangements and also advised of a recent increase in the labour requirement for the farm.
The Committee agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit occupation of the dwellinghouse to a person employed in agriculture at Birkentop Farm or a dependent of such a person; and (b) the following conditions:-
1. That, prior to the commencement of the development, hereby approved, detailed plans illustrating in cross section form, the existing and proposed ground levels, the finished floor levels of the proposed development and the extent of any underbuilding proposed, shall be submitted to and approved in writing by, North Ayrshire Council as Planning Authority. The levels shall clearly relate to a fixed datum point on the site which shall be identified on the submitted plans.
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 its occupation, the proposed dwellinghouse shall be provided with a water supply from the public mains.
5. That, prior to the commencement of the development, details of the arrangements for the treatment of the foul drainage from the development, hereby approved, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The sewerage treatment system and the soakaway construction shall be fully compliant with the requirements set out in "The Scottish Building Standards: Technical Handbook: Domestic", issued in May 2005.
6. That the sewerage treatment system shall be located in such a position as will enable it to be emptied by road tanker.
7. That, prior to the commencement of work to construct the dwellinghouse, hereby approved, the upgrade to the junction with the A737 (T) and the first 20 meters of the access road, as detailed on the drawings (07/173/06 Rev b, 07/173/07 Rev c and 07/173/08 Rev b) hereby approved, shall be undertaken to the satisfaction of North Ayrshire Council, as Planning Authority. The remaining upgrades to the existing access and the provision of the new access road shall all be completed, in accordance with these drawings all to the satisfaction of North Ayrshire Council, as Planning Authority, prior to the occupation of the dwellinghouse.
8. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the proposed external finishes.
4.3 08/00086/PP: Kilbirnie: 6 Ladeside Gardens
Mr. and Mrs. Lamb, c/o Paddle Homes Ltd., 45 Preston New Road, Blackburn, Lancashire, have applied for planning permission for the amendment of planning permission 06/00926/PP to omit the extended turning head and car parking space and to erect fencing at 6 Ladeside Gardens, Kilbirnie. 2 objections have been received, as detailed in the report.
The Committee, having considered the terms of the objections, agreed to grant the application subject to the following condition:-
1. That the rear and side boundaries of the plot shall be demarcated with the Type 1 fencing design as illustrated on the plans hereby approved within 1 month of the date of approval to the satisfaction of North Ayrshire Council as Planning Authority. For the avoidance of doubt, the height of any fence shall not exceed 1 metre where this would be forward of the front elevation of the dwellinghouse on the plot. In addition, the visitor parking space, service strip and footway required by the Road Construction Consent shall be excluded from the enclosed fenced area and retained as part of the future public road serving the development.
4.4 08/00813/OPP: Dalry: Site to North of Kerslochmuir Farm
Mr. and Mrs. W. Shanks, Kerslochmuir Farm, Dalry, have applied for outline planning permission for the erection of a detached dwellinghouse for an agricultural worker on a site to the north of that address.
During discussion, Members debated the justification for the dwelling. The view was expressed that the need for the dwelling was justified by the labour requirement and that, subject to it being relocated within the vicinity of the farm and meeting sightline requirements, the application could be supported.
Councillor Brown, seconded by Councillor McNicol, moved that the application be approved, subject to a Secton 75 agreement limiting the use of the house to a farm worker, the house being sited to the south of the road, sightline requirements being achieved and standard outline planning permission conditions.
As an amendment, Councillor Munn, seconded by Councillor Moffat, moved that the application be refused for the reasons set out in the officer's report.
On a roll call vote, there voted for the amendment Councillors McLardy, Munn, Moffat and Oldfather, and for the motion Councillors Barr, Brown, Clarkson, Currie, Ferguson, McNicol and McPhee, and the motion was declared carried.
Accordingly, the Committee, agreed to grant the application subject to (a) the applicant entering into a Section 75 Agreement to limit the occupation of all of the dwellinghouse to a person employed in agriculture at Kerslochmuir Farm or a dependant of such a person; and (b) 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, notwithstanding the terms of Condition No.1, and the details indicated in Drawing No. 169/olp, dated February 2009, the proposed dwellinghouse shall be sited to the south of the main road (B707), adjacent to the farmstead, to the satisfaction of North Ayrshire Council as Planning Authority, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.
3. That, notwithstanding the terms of Condition No.1, and the details indicated in Drawing No. 169/olp, dated February 2009, access to the proposed dwellinghouse shall be taken from the existing access to the farmstead, to the satisfaction of North Ayrshire Council as Planning Authority, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority.
4. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of the proposed drainage arrangements. Foul water drainage should be by means of septic tank effluent being disposed of to a sub-soil soakaway system, subject to satisfactory percolation testing, and surface water drainage should be treated in accordance with the principles of Sustainable Urban Drainage.
4.5 08/00576/OPP: Glengarnock: Caledonian Road: Lochshore Industrial Estate: Site to South West of Glengarnock Technology Centre
Wind Hydrogen Limited, c/o S. Radford, Graig Lwyd, Capel Coch, Llangefni, Anglesey, have applied for outline planning permission for the erection of a 5 MegaWatt (mW) hydrogen fuelled electricity generation facility, with associated hydrogen production, compression and storage facilities on a site to the south west of Glengarnock Technology Centre, Lochshore Industrial Estate, Caledonian Road, Glengarnock. 11 objections, including a letter of objection from Kilbirnie and Glengarnock Community Council, and 3 letters of support have been received, as detailed in the report.
The Chief Development Management Officer advised of the receipt of a further letter of objection and responded to the issues contained therein.
During discussion, Members requested further information on feedback from Scottish Enterprise and expressed the view that a site familiarisation visit should be undertaken.
The Committee agreed to continue consideration of the application (a) for further information from Scottish Enterprise and (b) to allow a site familiarisation visit to be undertaken.
4.6 07/00761/PP: Kilbirnie: Ladyland Moor
Wind Hydrogen Ltd., Suite 14, Level 12, 95 Pitt Street, Sydney, Australia, have applied for planning permission for the erection of 24 wind turbines with ancillary development including the construction of access tracks, on-site extraction of mineral aggregates, underground cabling, 2 temporary construction compounds, 2 anemometer masts and on-site control buildings and electricity sub-station at Ladyland Moor, Kilbirnie. 2653 objections, including letters of objection from Kilbirnie and Glengarnock, Beith, and Largs Community Councils, and 4 letters of support have been received, as detailed in the report.
The Committee, having considered the terms of the objections and letters of support, agreed to refuse the application on the following ground:-
1. That the proposed development is contrary to Policy ECON6 and ECON7 of the Approved Ayrshire Joint Structure Plan and Policies ENV1, ENV5, ENV5A and INF7 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), and contrary to the aims of Policies STRAT1, ECON12 and ECON13 of the Approved Ayrshire Joint Structure Plan, in that it would have a significant adverse impact on Clyde Muirshiel Regional Park resulting from its adverse landscape and visual impact, cumulative visual impact and being detrimental to recreational and tourism interests and the enjoyment of visitors to the Regional Park and the wider area in general.
5. Irvine/Kilwinning
5.1 06/00882/LBC: Irvine: 115 High Street: Kings Arms Hotel
Kevin Scott, 115 High Street, Irvine, has applied for retrospective listed building consent for external alterations involving (A) exterior painting; erection of advertisement signs to the front, rear and side and replacement windows nos. 6, 7 and 8 (on the side elevation); and (B) replacement windows 1, 2 and 3 on the front elevation; replacement windows 4 and 5 on the side elevation; replacement of doors to front or public house and the erection of an extractor flue to side at that address.
The Committee agreed to (A) grant listed building consent for the exterior painting, advertisement signs and replacement windows nos. 6, 7 and 8 (on the side elevation); (B) refuse listed building consent for replacement windows 1, 2 and 3 on the front elevation, windows 4 and 5 on the side elevation and the existing flue to the side on the following ground:-
1. That the two windows on the front elevation (Nos. 1 and 2); the two windows on the original gable in Chapel Lane (Nos. 4 and 5); the replacement of the door with a window (No 3) on the front elevation; and the flue would not comply with Policies BE1 and BE5 in the Adopted North Ayrshire Local Plan (excluding Isle of Arran) in that they adversely affect the visual amenity and external character of a Category C(S) listed building and its setting at a prominent position in Irvine Town Centre Conservation Area;
and (C) proceed with Enforcement Action on the outstanding issues identified within the report.
5.2 07/00667/PP: Irvine: 115 High Street
Kevin Scott, 115 High Street, Irvine, has applied for planning permission for the erection of an extractor flue to the public house at that address.
The Committee agreed to grant the application subject to the following condition:-
1. That, within two months of the date of this approval, the flue shall be reduced in height to 2m, in accordance with the details contained within Drawing No.090-PL-002, hereby approved.
5.3 08/0881/PP: Irvine: Gailes Road: West Gailes Farm
Dawn Developments Ltd., 20 West George Street, Glasgow, have applied for planning permission for the refurbishment of the existing farmhouse and the erection of 15 dwellinghouses with associated access road and parking at West Gailes Farm, Gailes Road, Irvine. 1 objection has been received, as detailed in the report.
The Committee, having considered the terms of the objection, agreed to refuse the application on the following grounds:-
1. That the development is contrary to Policy OS1 of the North Ayrshire Local Plan (Excluding Isle of Arran), in that the development would (i) not result in the improvement in quality and range of sports and leisure facilities within the Local Plan area; (ii) lead to an undesirable loss of open space; and (iii) set an undesirable precedent, which could see further incremental loss of open space to the detriment of provision in the Local Plan area.
2. That the proposal would be contrary to Criterion (a) within the Development Control Statement in that the siting design and external appearance of the development would have a detrimental impact on the visual amenity of the area and wider landscape. The development of the proposed new houses would result in the loss of the existing derelict outbuildings and their replacement with buildings of a size, scale, form, massing, height and density which would be out of character with the existing built form. The proposal cannot be considered as proper planning of the area, essentially developing housing in a countryside location, resulting in piecemeal development that would set an undesirable precedent.
3. That the proposal would be contrary to Criterion (b) within the Development Control Statement in that it has not been demonstrated that any future residents of the proposed dwellings would be afforded adequate protection from noise and vibration nuisance.
4. That the proposal would be contrary to Criterion (c) within the Development Control Statement in that the proposed development would have a detrimental impact on the landscape character of the area.
5. That the proposal would be contrary to Criterion (d) within the Development Control Statement in that the access arrangements for vehicles, pedestrians and cyclists would be detrimental to traffic safety.
6. That the proposal would be contrary to Criterion (e) within the Development Control Statement in that it has not been demonstrated that foul drainage generated by the proposed development can be suitably dealt with by a private sewerage system.
6. North Coast and Cumbraes
6.1 08/00961/PP: Millport: 31 Marine Parade: Flat Ground 4
I. Catterson, Flat Ground 4, 31 Marine Parade, Millport, Isle of Cumbrae, has applied for planning permission for the erection of an upper floor extension to the side of the dwellingflat at that address. 2 objections have been received, as detailed in the report.
The 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 Criteria (a) and (b) of the Development Control Statement and Policy BE 1 of the North Ayrshire Local Plan (Excluding Isle of Arran), in that its size, scale, position and design would have a significant adverse impact on the character and setting of the Outstanding Conservation Area in Millport, would detract from the character and amenity of the residential area, and would, if approved, establish an undesirable precedent for other similar developments, to the detriment of the character and amenity of the residential area.
7. Enforcement Notice: Kilbirnie: Housing development site to North East of Mill Road
Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of Notices requiring the proper maintenance of land and buildings on a housing development to the north east of Mill Road, Kilbirnie.
Following approval of outline planning permission on 8 January 2009, Paddle Limited obtained reserved matters approval on 25 August 2003 for a development of 47 detached dwellinghouses to the north east of Mill Road in Kilbirnie. It later became evident that the developer intended to market individual plots to small developers and self-builders.
During routine visits by officers of the Council during 2007 and 2008, various requests were made to remove fly-tipped material from the site and to demolish a fire damaged house. However, the overall condition of the site remains unsatisfactory, with building work having stopped on many of the plots.
During 2008, a number of complaints were received about the poor condition of the site. The three main problems are (i) the incomplete road, footway, lighting and drainage infrastrucuture, (ii) the abandonment of a number of unfinished houses and (iii) the persistent use of undeveloped plots and front garden areas as "dumping areas", as an alternative to the proper disposal of construction waste at authorised facilities off-site. In total, 12 plots are considered to be in need of remedial action by their respective owners, as detailed in Appendix 1 to the report.
The Committee agreed (a) to approve the service of Notices as set out in Appendix 1 to the report, in terms of Section 179 of the Town and Country Planning (Scotland) Act 1997, to require (i) land to be cleared of all construction debris, waste materials and fly tipped materials and, thereafter, the erection of durable fencing to prevent unauthorised access, together with the ongoing maintenance of such land and fencing until the occupation of the dwellinghouses, all to the satisfaction of North Ayrshire Council as Planning Authority and (ii) in relation to abandoned, unfinished houses, the boarding up of exposed windows and walls to prevent unauthorised access, to the satisfaction of North Ayrshire Council as Planning Authority; and (b) to note that matters in relation to the roads, footways, lighting and drainage remedial work fall outwith the town and Country Planning legislation and would require to be progressed separately using the Council's powers under the Roads (Scotland) Act 1984.
The Meeting ended at 3.30 p.m.