North Ayrshire Council

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1. Minutes

The Minutes of the Meetings of the Committee held on 9 July 2007, 7 August 2007 and 28 August 2007, copies of which had previously been circulated, were confirmed.


ITEMS DETERMINED UNDER DELEGATED POWERS

2. Isle of Arran

2.1 07/00748/PP: Brodick: 22 Alma Park

J. Love, 8 Glebe Road, Newton Mearns, has applied for planning permission for the erection of an extension to the rear of the linked detached dwellinghouse at 22 Alma Park, Brodick, Isle of Arran. Objections have been received from Mr. and Mrs. Hamilton, no. 24 and Mrs. J.D. Murchie, no. 33, both Alma Park, Brodick, Isle of Arran.

The Committee, having considered the terms of the objections, agreed to grant the application subject to the following condition:-


1. That, prior to the occupation of the extension hereby approved, a minimum of 3 off-street parking spaces shall be provided within the curtilage of the site and retained thereafter.

2.2 07/00584/PP: Kildonan: Site to North and East of Osprey Cottage

Mr. and Mrs. J. Miller, Lillybank, Kildonan, Isle of Arran, have applied for planning permission for the siting of a temporary touring caravan within the market garden on a site to the north and east of Osprey Cottage, Kildonan, Isle of Arran. Objections have been received from John Van Bogeriejen, Woodend and T. Southall, Osprey Cottage, both Kildonan, Isle of Arran.

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 Policy ENV1 and the Development Control Statement of the Adopted Isle of Arran Local Plan, in that the applicants have failed to demonstrate a specific locational need for the caravan, which would be sited in a countryside area and which, by reason of its siting, design and external appearance, would (i) be detrimental to visual amenity; and (ii) establish an undesirable precedent for further unnecessary development within the countryside.

3. Ardrossan/Saltcoats/Stevenston

3.1 07/00626/PP: Saltcoats: 13B Montgomerie Crescent

Mr. and Mrs. McEwan, 13B Montgomerie Crescent, Saltcoats, have applied for planning permission for the erection of a conservatory to the rear of the dwellingflat at that address. An objection has been received from Alison Ward, 13A Montgomerie Crescent, Saltcoats.

The Committee, having considered the terms of the objection, agreed to grant the application.

3.2 07/00842/PP: Ardrossan: 10 Linnburn Terrace

Mr. and Mrs. J. Cairns, 10 Linnburn Terrace, Ardrossan, have applied for planning permission for the erection of a log cabin to the rear of the detached dwellinghouse at that address. An objection, which is also on behalf of other neighbouring residents, has been received from A. & E. Dodds, 16 Witches Linn, Ardrossan.

The Committee, having considered the terms of the objection, agreed to grant the application subject to the following condition:-


1. That the cabin hereby approved shall be used only for purposes incidental to the enjoyment of the dwellinghouse.

4. Garnock Valley

4.1 07/00765/PP: Dalry: Kerslochmuir Farm

William Shanks, Kerslochmuir Farm, Dalry, has applied for planning permission for the conversion and extension of an outbuilding to form a dwellinghouse at that address.

The Committee agreed to continue consideration of the application to a future meeting to allow the applicant an opportunity to investigate if the appropriate sightlines can be achieved.

4.2 07/00689/PP: Beith: 1 Bellman's Close

Ian Taylor, 1 Bellman's Close, Beith, has applied for planning permission for the erection of a 1.8m high boundary fence to the front of the end-terrace dwellinghouse at that address.

The Committee agreed to refuse the application on the following grounds:-

1. That the proposed fence would be contrary to Policy BE2 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), as it would have a significant adverse affect on the wider setting of the Beith Town Centre Conservation Area.

2. That the proposed fence would be contrary to Criterion (a) of the Development Control Statement of the North Ayrshire Local Plan (excluding Isle of Arran), in that the solid appearance of a 1.8m high fence would be detrimental to the amenity, character and visual appearance of the area, which is characterised by landscaping along the boundary with the B7049.

5. Irvine/Kilwinning

5.1 07/00613/OPP: Kilwinning: Land to the Rear of 85 Stevenston Road

Joseph Fitzsimmons, 85 Stevenston Road, Kilwinning, has applied for outline planning permission for the erection of a detached dwellinghouse on land to the rear of that address. An objection has been received from Mrs. C. Wilson, Windy Knowe, 83 Stevenston Road, Kilwinning.


The Committee, having considered the terms of the objection, agreed to refuse the application on the following ground:-

1. That the proposed development would be contrary to the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it would comprise backland development, which would (i) detract from the amenity of the donor house, (ii) not offer an acceptable level of residential amenity for the proposed house, (iii) not be in keeping with the density and pattern of surrounding properties, which would be detrimental to the amenity of the surrounding area, (iv) have inadequate space to accommodate the required vehicle manoeuvring and parking spaces and (v) establish an undesirable precedent for similar developments within the locality, which would be detrimental to the character and amenity of the area.

5.2 07/00326/PP: Irvine: Portland Road: Former Rifle Range

G. McCue, c/o Thomson Dawes, Chartered Architects, 21 Portland Road, Kilmarnock, has applied for planning permission for a proposed change of use to form an office and yard at the former Rifle Range, Portland Road, Irvine.

The Committee agreed to refuse the application on the following ground:-

1. That the proposed development would not be in the interests of the proper planning of the area, in that it could prejudice planned development of the area for tourist and leisure developments which would be more in accordance with the provisions of the Adopted North Ayrshire Local Plan (excluding Isle of Arran).

5.3 07/00543/PP: Kilwinning: 27 St. Winning's Well

James Lyon, 27 St. Winning's Well, Kilwinning, has applied for retrospective planning permission for the erection of 3 sheds to the rear, and a 1.8m high fence and double gate to the side, of the end- terrace dwellinghouse at that address. Objections have been received from John Grant, no. 17, Neil Gebbie, no. 33 and Mrs. B. Rugg, no. 29, all St. Winning's Well, Kilwinning.

The Committee expressed the view that the scale of the development was excessive and that its use could give rise to unacceptable levels of noise and disturbance.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the siting of three sheds within the rear garden of the property represents over-development of the site and that their use could give rise to noise and disturbance, to the detriment of the residential amenity of the area.


5.4 07/00190/PP and 07/00191/ADC: Dreghorn: 5 Corsehill Mount Road

Parks of Hamilton (Holdings) Ltd., Park House, 14 Bothwell Road, Hamilton, have applied for (a) planning permission for the proposed change of use from open space to form part of a car showroom, including the formation of a new access and the erection of a 2.4m high fence, gates and 3 floodlights; and (b) advertisement consent for the erection of a freestanding non-illuminated aluminium tower sign and 10 flag masts at 5 Corsehill Mount Road, Dreghorn.

The Committee agreed to refuse (a) planning application 07/00190/PP on the following ground:-

1. That the proposed development would be contrary to Criterion (d) of the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the formation of a new access on to Corsehill Mount Road would not meet the Council's Roads Development Guidelines with regard to junction spacing;

and (b) advertisement consent 07/00191/ADC on the following ground:-

1. That the application is premature, in that the impact of the proposed advertisements on amenity and safety cannot be assessed, as their positioning is based on the formation of a new access which does not meet the Council's Roads Development Guidelines.

5.5 07/00409/PP and 07/00432/PP: Irvine: Bridgegate: Trinity Church

J.D. Wetherspoon PLC, PO Box 616, Watford, have applied for planning permission for the proposed change of use from a church to form a public house and restaurant, with the formation of a beer garden, to the rear of Trinity Church, Bridgegate, Irvine. Representations have been received from Caroline Monagle, no. 15, Sheila Johnston and Robert Buntin, no. 7 and Cheryl and Alan McMillan, no. 19, all Hill Street, E.H. Spence and others, 32 Kirkgate, Peter D. Edge, 74-76 High Street and Irvine Community Council, per A. Niven, 11 Leven Place, all Irvine.

The Senior Development Control Officer advised of the receipt of a further letter of representation from Cheryl and Alan McMillan, 19 Hill Street, Irvine, and responded to the issues contained therein.

The Committee, having considered the terms of the representations, agreed to grant the application subject to the following conditions:-


1. That no development shall take place on the site until a vehicle turning area has been formed at the site entrance on Bridgegate to enable delivery vehicles to turn and reverse into the site and until a Traffic Regulation Order has been approved to allow delivery vehicles to enter Bridgegate at certain times of the day.

2. That delivery vehicles servicing the site shall be restricted to 8.0m rigid wheelbase, 10m rigid wheelbase or 12.5m urban articulated, to the satisfaction of North Ayrshire Council as Planning Authority.

3. That there shall be no access to or from the site via Kirkgate, except in an emergency.

4. That any bats occupying the building shall be dealt with in accordance with current legislation protecting them.

5.6 06/00247/PP: Irvine: Shewalton Road: Site to North and East and West of Irvine Car Spares

W.H. Malcolm Limited, Brookfield House, 2 Burnbrae Drive, Linwood, Paisley, have applied for planning permission for the erection of 2 industrial buildings - building A to accommodate a motor transport workshop (relocated from Kilwinning), and building B to accommodate the existing waste recycling facility - and associated works on a site to the north and east and west of Irvine Car Spares, Shewalton Road, Irvine. Objections have been received from John Mullen, Woodfield, John Grant and Gillian Kennedy, Erigmore, Roy and Maureen Carey, Ashfield, Mr. and Mrs. D. Blackshaw, Brigdoran, Bernard McCallum, Glen Shiel, Hazel McWhinnie, Plane Tree Cottage, Mr. and Mrs. I. Shepherd, Lamar and William Aitken, Emoh-Ruo, all Ayr Road, Irvine. Following the decision of the Planning Committee of 13 June 2007 to continue consideration of the application, further objections have been received, namely, 55 identical letters from residents of Gray Crescent and Carson Drive, Irvine, and individual letters from Irvine Community Council, Fullarton Tenants Association and the Three Stanes Residents Association (signed by 19 households in Ayr Road and Shewalton Road, Irvine).

A site familiarisation visit was undertaken by the Planning Committee in respect of this application.

A submission by the Three Stanes Residents Association, setting out the results of a survey of traffic movements at the junction of Shewalton Road and Ayr Road, was circulated at the meeting. The Senior Development Control Engineer responded to the issues raised.





The Committee expressed the view that the development would cause an unacceptable level of noise and early morning activity, and that the HGV activity would be visually unattractive. The Committee further expressed the view that it would be problematic to regulate the frequency and possible growth of this activity.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1, That the proposed development would adversely affect the character and amenity of the area and, in particular, the houses along Shewalton Road, by introducing a level of HGV activity which would cause disturbance and visual intrusion.

5.7 07/00474/LBC: Irvine: Church Street: Fullarton Parish Church and Halls

The Church of Scotland, c/o Dr. Sheena Kinnman, 109 Bank Street, Irvine, have applied for listed building consent for the demolition of the church, including the former schoolhouse, at Fullarton Parish Church and Halls, Church Street, Irvine. Objections have been received from Mrs. Sarah Martin, no. 25, Annie Flack, no. 20, Ms. Elizabeth M.R. Martin, no. 25 and Margaret Scott, no. 24, all Victoria Crescent, Mrs. Isabella Lochery, 187 McKinlay Crescent, Agnes Barr, 24 Macara Drive and Grace Cunningham, 54 Pennyvennie Way, Girdle Toll, all Irvine, and Ms. L. Cairns and John Cairns, 29 Boyd Orr Crescent, Kilmaurs.

The Committee expressed the view that the merit of the existing listed building was compromised by its isolated position and that it no longer made any meaningful contribution to the townscape.

The Committee, having considered the terms of the objections, agreed to refer the application to the Scottish Ministers and to grant listed building consent subject to the following condition, unless the Scottish Ministers issue a direction in response to the referral:-

1. That no demolition work shall take place on site until planning permission has been obtained for a replacement church and community facilities, including the incorporation of such features of the existing buildings as may be agreed with North Ayrshire Council as Planning Authority as being required to be preserved.


6. North Coast and Cumbraes

6.1 07/00168/CAC and 07/00169/PP: Skelmorlie: 4 Shore Road: Beach House Nursing Home

Baronial Properties, Madison House, 1 Ardgowan Square, Greenock, have applied for conservation area consent and planning permission for the demolition of a nursing home and bungalow and the erection of 50 flats and 4 detached dwellinghouses with associated car parking and access road at Beach House Nursing Home, 4 Shore Road, Skelmorlie. 102 letters of objection have been received as detailed in Annex 1 to the report.

The Planning Services Manager advised of a minor amendment to the proposed ground for refusal of conservation area consent.

The Committee agreed to refuse (a) conservation area consent 07/00168/CAC on the following ground:-

1. That the proposals are contrary to Policy BE3 of the Adopted North Ayrshire Local Plan (excluding the Isle of Arran), in that the applicants have failed to justify the demolition of Beach House, which is located within Skelmorlie Conservation Area, and that the redevelopment proposals are unacceptable with regard to their scale, massing, siting, design, external appearance and resultant tree loss, which would be detrimental to the visual amenity and character of Skelmorlie Conservation Area;

and (b) planning application 07/00169/PP on the following ground:-

1. That the proposed development, by reason of its scale, massing, design and external appearance, would be contrary to Policy BE1 and the Development Control Statement Criteria of the Adopted North Ayrshire Local Plan in that it would (i) result in the site being overdeveloped; (ii) result in the loss of the majority of trees within the site; (iii) adversely affect the visual amenity and architectural character of Skelmorlie Conservation Area; (iv) adversely affect visual amenity and the character of the area; and (v) place the proposed residential properties at risk from flooding.

6.2 07/00615/PP: West Kilbride: 25 Caldwell Road

R. Woods, 25 Caldwell Road, West Kilbride, has applied for planning permission for the erection of 2-storey extensions to the sides, a single-storey extension to the rear, incorporating decking with formation of balcony above, and a detached garage to the side of the detached dwellinghouse at that address. Objections have been received from Mr. and Mrs. Kemp, no. 23 and Mr. and Mrs. Weetman, no. 27, both Caldwell Road, West Kilbride.


The Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That the access onto Caldwell Road shall be a minimum of 4.8 metres in width.

2. That all drainage arising from the development, including the driveway, garage and house extensions, shall be designed in such a way that no surface water shall issue from the site onto the adjoining land.

6.3 07/00550/PP: Skelmorlie: Eglinton Terrace: Site to North of Seacroft

Grenville Ltd., 21 Luss Avenue, Greenock, have applied for planning permission for the erection of a detached dwellinghouse and detached garage, including demolition of the existing building, on a site to the north of Seacroft, Eglinton Terrace, Skelmorlie. A representation has been received from A. Evan Williams, Seacroft, Eglinton Terrace, Skelmorlie.

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 applicant shall submit, for the written approval of North Ayrshire Council as Planning Authority, samples of the proposed external finishes. Notwithstanding the plans hereby approved, the roof tiles shall not be blue and an alternative colour shall be submitted for consideration

2. That the first two metres 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.

3. That, prior to the commencement of the development, a site plan illustrating tree protection fencing to be erected shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, all groups of trees to be retained as identified on the approved tree protection plan shall be fenced off at all times using Heras safety fencing (or equal) for the duration of demolition, site preparation and building works. Should any additional treeworks be required, the written approval of North Ayrshire Council as Planning Authority shall be obtained before carrying out any further works.

For the avoidance of doubt, no storage of materials or vehicles shall take place within the areas that are fenced off.





6.4 07/00622/PP: Skelmorlie: Site to North of 29 The Lane

Dr. and Mrs. H. Hambley, per Atchison Architects, 5 Bourne Street, Hamilton, have applied for planning permission for the erection of a detached dwellinghouse and detached garage on a site to the north of 29 The Lane, Skelmorlie. Objections have been received from P. Gairns, no. 7b, Ian and Anne Hodgkinson, no. 7c and Mr. and Mrs. MacKinnon-Grant, no. 9, all Seton Terrace, and P.T. Phillips, 29 The Lane, Skelmorlie.

The Planning Services Manager advised of the receipt of 2 further letters of objection from existing objectors.

The Committee, having considered the terms of the objections, agreed, subject to no further objections which raise new issues being received by 26 September 2007, 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 the first 2 metres of the access, measured from the edge of the existing carriageway, 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.

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. Thereafter, any scheme which 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 there shall be no obstruction to visibility above the height of 1.05m above the adjacent carriageway level of Seton Terrace within the visibility splays indicated on the plans hereby approved.


6.5 07/00641/PP: Largs: Site to South West of 84 Main Street

Claire Wilkie, 32 Brisbane Street, Largs, has applied for planning permission for a proposed change of use to allow the siting of a mobile catering unit on the vacant land to the rear of the footway on a site to the south west of 84 Main Street, Largs. Objections have been received from Mr. and Mrs. Craigmile, c/o Craigmile's of Largs, 57 and 59 Main Street, Largs and James Patrick and Muir, Solicitors, 44 New Street, Dalry on behalf of Leon Castelvecchi, c/o Harlequin Restaurant, 68/70 Main Street, Largs.

The Committee, having considered the terms of the objections, agreed to refuse the application on the following ground:-

1. That the proposed mobile catering unit does not comply with Policy A1 and the Development Control Statement of the Adopted North Ayrshire Local Plan (Excluding Isle of Arran), in that no specific locational need has been demonstrated for such a facility at this location which, by reason of its siting, design and external appearance, would detract from the amenity and character of the town centre.

6.6 07/00480/PP: Ardrossan: Former Railway Cottage

Ms. Ann Martin, 63 Main Street, West Kilbride, has applied for planning permission for the conversion and extension of a former cottage to form a detached dwellinghouse and a proposed change of use of land to form curtilage ground at the former Railway Cottage, Ardrossan. Objections have been received from Diane Killin, William Killin and Gloria Killin, all Glenhead Farm, Niamh Gaston, Glenelg, Glenhead Road, all Ardrossan and from West Kilbride Community Council, per Mr J Lamb, 97 Ardrossan Road, Seamill, West Kilbride.

The Planning Services Manager advised of the receipt of 3 further letters of objection from Niamh Gaston, Glenelg, Glenhead Road, and 1 further letter of objection from Diane, William and Gloria Killin, Glenhead Farm, all Ardrossan. The Planning Services Manager responded to the issues raised and, in particular, confirmed that, due to a typographical error, the report erroneously cited measures to reduce noise levels within the proposed dwellinghouse to "30dBa", rather than "35dBa".

Councillor R. Barr, seconded by Councillor McNicol, moved that the application be refused on the ground that the proposed arrangements for accessing the site were inadequate.

Councillor Munn, seconded by Councillor Moffat, moved that the application be granted, subject to the conditions set out in the report.


On a division, there voted for the amendment 6 and for the motion 3, and the amendment was declared carried.

Accordingly, the Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:-

1. That, prior to its occupation, the dwellinghouse hereby approved shall be provided with a public water supply, to the satisfaction of North Ayrshire Council as Planning Authority.

2. That, prior to the commencement of the development hereby approved, the applicant shall submit further written approval of North Ayrshire Council as Planning Authority exact details of the proposed location of the septic tank and outfall.

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 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 the septic tank shall be located in such a position as will enable it to be emptied by road tanker.

5. That all surface or foul water drainage arising from the proposed works shall be collected and diverted away the adjacent railway.

6. That, prior to the commencement of the construction of the dwellinghouse hereby approved, the applicants shall (i) submit for the written approval of North Ayrshire Council as Planning Authority details of proposals for the provision of 2 car parking spaces and a separate turning area within the site and 2 passing places on the access road to the site and (ii) implement the approved parking, turning area and passing place proposals, all to the satisfaction of North Ayrshire Council as Planning Authority.

7. 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 (i) proposals for all boundary enclosures for the site and (ii) proposals for the provision of a refuse set down area for waste/recycling receptacles prior to uplift by the Council's Cleansing Service, which boundary enclosures and refuse/waste recycling set down area shall be provided prior to the occupation of the dwellinghouse.


8. That, prior to the commencement of the development (i) the existing structure and trees to be felled shall be surveyed for bats and nesting birds, details of which shall be submitted for the written approval of North Ayrshire Council as Planning Authority and, should any bats be present, an appropriate licence shall be obtained, or the works delayed until the bats have dispersed; (ii) a survey shall be taken to establish whether any badgers are present within or in the vicinity the site and, if it is discovered that badgers are present, an appropriate licence shall be obtained and steps taken to minimise the impact on badgers prior to work commencing, all to the satisfaction of North Ayrshire Council as Planning Authority.

9. That, prior to its occupation, the dwellinghouse hereby approved shall be fitted with 4/12/4 double glazing to reduce the internal noise levels to an LAeq of 35dBa with the windows closed, to the satisfaction of North Ayrshire Council as Planning Authority.

10. 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.

11. 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.

12. That, notwithstanding the permission granted by Article 3 of and Classes 1, 3 and 5 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 development within the curtilage of the dwellinghouse.

The Meeting ended at 4.30 p.m.