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1. Declarations of Interest

Councillor McLardy declared an interest in Agenda item 6.2: 08/00128/PP: West Kilbride: Site to South of 1 Glen Road, and took no part in the discussion thereon. Councillor Currie took the chair for that item of business.

2. Isle of Arran

2.1 08/00243/PP: Whiting Bay: Netherby Cottage

Gillian Banford, 18 Dunavon Crescent, Strathaven, has applied for planning permission for the erection of a single-storey extension to the side of a detached dwellinghouse, including demolition of the existing outbuilding, at Netherby Cottage, Whiting Bay, Isle of Arran. A representation has been received from Helen Barclay, Holly Cottage, Church End, Raskelf, York.

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

1. That the external finishes to the extension shall match those of the existing dwellinghouse, to the satisfaction of North Ayrshire Council as Planning Authority.


2.2 08/00068/LBC and 08/00236/PP: Brodick: Invercloy Road: Site to South of the Royal Bank of Scotland

John Thomson Construction Limited, Benlister Road, Lamlash, Isle of Arran, have applied for planning permission and listed building consent for the demolition of a garage and erection of a detached garage on a site to the south of the Royal Bank of Scotland, Invercloy Road, Brodick, Isle of Arran. Objections have been received from L. Proudfoot, "Westways", Brodick and Isle of Arran, Community Council, per Howard Driver, Hazelburn, Whiting Bay, both Isle of Arran.

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

Councillor Currie, seconded by Councillor Moffat, moved that the Committee refuse listed building consent on the ground that the case for demolition of the existing garage had not been made, and refuse planning permission on the ground that the location of the proposed replacement garage would be detrimental to the amenity and appearance of the donor dwellinghouse and would adversely affect the amenity of the neighbouring house, "Westways".

As an amendment, Councillor R. Barr, seconded by Councillor Oldfather, moved that the Committee approve planning application 08/00236/PP and listed building application 08/00068/LBC, subject to the conditions set out in the report.

On a division, there voted for the amendment 2 and for the motion 9 and the motion was declared carried.

Accordingly, the Committee agreed to refuse (a) listed building application 08/00068/LBC on the following ground:-

1. That the proposal would be contrary to Policy BE6 of the Adopted Isle of Arran Local Plan as the case has not been made to justify the demolition of the listed building

and (b) planning application 08/00236/PP on the following ground:-

1. That the proposed development would be contrary to the Development Control Statement of the Adopted Isle of Arran Local Plan, in that the location of the proposed replacement garage would be detrimental to the amenity and appearance of the donor dwellinghouse and would adversely affect the amenity of the neighbouring house, "Westways".


2.3 08/00051/PP: Sliddery: Burican Farm

William Tod, Burican, Ross Road, Isle of Arran, has applied for planning permission for the modification of condition 2 of planning approval CH/76/727 to remove agricultural ties at Burican Farm, Sliddery, Isle of Arran.

The Committee agreed, Councillor Munn dissenting, to refuse the application on the following ground:-

1. That the proposal would (i) be contrary to Policy ENV1 of the Adopted Isle of Arran Local Plan, in that the dwellinghouse is required for agricultural purposes and no grounds have been submitted by the applicant which would justify the removal of Condition 2 and (ii) establish an undesirable precedent for the removal of agricultural workers accommodation from the existing supply, which would create demand for further residential development in rural areas to the detriment of the character and appearance of the countryside.

2.4 08/00154/RMA: Kingscross: Site to South West of Point House

Glenashdale Properties, Pointhouse, Kingscross, Isle of Arran, have submitted a reserved matters application for the erection of six holiday letting cottages on a site to the south west of that address. An objection has been received from Arran Community, per Howard Driver, Hazelburn, Whiting Bay, Isle of Arran.

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

1. That, with regard to Condition 3 of outline planning permission No N/04/00645/OPP, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority exact details or a sample of the proposed roof finish for the holiday letting units.

2. That, with regard to Condition 3 of outline planning permission No N/04/00645/OPP, visibility splays of 2.5m by 35m in both directions, at the junction of the site access with the private road to Pointhouse, shall be provided and maintained on land within the applicants' control, such that there is no obstruction to visibility above a height of 1.05 metre measured above the adjacent carriageway level to the satisfaction of North Ayrshire Council as Planning Authority.

3. That, with regard to Condition 3 of outline planning permission No N/04/00645/OPP, prior to the commencement of the development, the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority revised proposals for the widening of the turning head to facilitate vehicle manoeuvrability; the approved turning head shall be provided prior to the occupation of the holiday letting units and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority.





2.5 08/00253/PP: Shiskine: Carradale

Mr. and Mrs. J. MacAlister, Carradale, Shiskine, Isle of Arran, have applied for planning permission for the removal of Condition 1 of planning permission CH/01/96/0713 to allow the sale of the property at that address to a non-agricultural worker.

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

1. That the proposal would (i) be contrary to Policy ENV1 of the Adopted Isle of Arran Local Plan, in that the dwellinghouse is required for agricultural purposes and no grounds have been submitted by the applicants which would justify the removal of Condition 1 of planning permission no. CH/01/96/00713/PP; and (ii) establish an undesirable precedent for the removal of agricultural worker's accommodation from the existing supply, which would create a demand for further residential development in rural areas to the detriment of the character and appearance of the countryside.

3. Ardrossan/Saltcoats/Stevenston

3.1 08/00144/PP: Stevenston: Boglemart Street: The Grange

DSW Properties Ltd., c/o Frazer Coogans, 46 Dalblair Road, Ayr, have applied for planning permission for the erection of 20 dwellingflats, including the demolition of the bingo hall at The Grange, Boglemart Street, Stevenston.

The Planning Services Manager advised of the addition of a further proposed condition in respect of revised access proposals.

The Committee agreed to grant the application subject to (a) the applicants entering into a Section 75 Agreement or other suitable arrangement deemed appropriate by the Council to provide a commuted sum for the provision or upgrading of play facilities in the locality; 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 a full schedule and samples of the proposed external finishes to be used. This shall include details of all boundary treatment to be erected within the development site.




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. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

3. 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.

4. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding season following the occupation of the first 10 flats within the development, and any trees or plants which, within a period of five years from the time of planting 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.

5. 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 in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.



6. That all boundary treatment fronting onto Boglemart Street and Glebe Street as may be approved under the terms of condition 1 shall be erected to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of any flat within the development. Any remaining boundary treatment to the rear of the site shall be erected to the satisfaction of North Ayrshire Council as Planning Authority prior to the occupation of the last flat within the site.

7. That the presence of any significant unsuspected contamination, which becomes evident during the development of the site, shall be reported to North Ayrshire Council. Thereafter, work on the site shall cease pending the preparation of remediation proposals in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted for the written approval of North Ayrshire Council as Planning Authority. Any remediation measures as may be approved shall be undertaken prior to the continuation of the development, to the satisfaction of North Ayrshire Council as Planning Authority.

8. That the access into the site and the car park 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.

9. That, prior to the commencement of the development hereby approved, full details of the bin enclosures to be erected shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any details as may be approved shall be erected prior to the occupation of any of the flats to the satisfaction of North Ayrshire Council as Planning Authority.

10. That, notwithstanding the plans hereby approved, details of alternative or modified vehicular access arrangements into the site shall be submitted for the written consideration and approval of North Ayrshire Council as Planning Authority. This may include the provision of traffic calming on the public road, if appropriate. Thereafter, any details as may be approved shall be implemented to the statisfaction of North Ayrshire Council as Planning Authority.

3.2 08/00100/OPP: Stevenston: Site to West of 4 Greenhead Holding

Samuel Campbell, 6 Glen Crescent, Stevenston, has applied for outline planning permission for the erection of a detached dwellinghouse on a site to the west of 4 Greenhead Holding, Stevenston.


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

1. That the proposed development is contrary to Policy ENV 1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), since it represents housing development within the countryside for which there is no justification or special need. The applicant has not demonstrated that there is any need for a dwellinghouse at this location for the purposes of accommodating an agricultural or forestry worker, nor an employee of an established rural business (of which there are none at this site).

2. That the proposal is contrary to Policy H1 of Alteration No. 1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), since it would represent a housing development outwith an existing well-defined nucleated housing group of four or more houses in the countryside (as of 1st January 2005). The site lies 40 metres to the east of the group of existing housing within Greenhead Holdings (nos. 1 - 3) which existed on 1st January 2005. It is not considered that Greenhead Holding no. 4 lies within the well defined group of houses at nos 1 -3, since it is 100 metres away from the nearest part of that group of three. For the avoidance of doubt, the adjoining dwellinghouse currently under construction (planning permission ref 03/01084/PP) did not form part of that group as of 1st January 2005 (since it did not exist at that time) and, therefore, cannot be taken into account in defining a rural group in terms of Policy H1.

3. That the proposal is contrary to Policies H1 and H2 of Alteration No. 1 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that it has not been demonstrated that the proposal would meet the criteria set out in either policy since it is in outline, and has not been supported by a Design Statement nor a Landscape Capacity Evaluation.

3.3 08/00107/PP: Saltcoats: 16-18 Dockhead Street

Ewan McLaughlin, c/o The Hip Flask, 13 Winton Street, Saltcoats, has applied for planning permission for the removal of Conditions 1 and 2 of planning consent 06/00401/PP to allow the smoking shelter at 16-18 Dockhead Street, Saltcoats to be used as a beer garden . Objections have been received from William McKnight, no. 13f, Mrs. Anne Lafferty, no. 13c and Mrs. and Mrs. P & F Gallagher, no. 8f, all Quay Street, Lynn Kean, no. 1d and Mrs.A. Reid and Miss L. Roberts, no. 1e, both The Braes, all Saltcoats and from Mr. and Mrs. J. Maltman, 52 Abbotsford Avenue, Whitehill, Hamilton.

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


1. That the proposed use would be contrary to Criteria (a) and (b) of the Development Control Statement of the North Ayrshire Local Plan (Excluding Isle of Arran), as it would have a significant impact with noise and disturbance, to the detriment of the existing residential properties in the area and would have a significant impact on the amenity of the area due to the height and design of the 3 metre high acoustic fencing which would be required as a mitigation measure to reduce the noise levels from the beer garden .

and (b) authorise the service of an Enforcement Notice to require the operation of the beer garden to cease and for the removal of the unauthorised section of fencing.

4. Garnock Valley

4.1 07/01230/PP: Beith: Threepwood Road: Beith Golf Club

David Slater, Tower Lodge, Dalry Road, Saltcoats, has applied for planning permission for a proposed change of use of agricultural land and outline planning permission to form an extension to the golf course and erection of a club house and car park at Beith Golf Club, Threepwood Road, Beith. Objections have been received from Robbie Briggs, Woodlands, and Genevieve Hughes, Bigholm Farm, both Threepwood Road, Beith. A representation has been received from Beith and District Community Council, per Julie Crook, 3 Lochlands Grove, Beith.

The Committee, having considered the terms of the objections and representation, 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, means of access and car parking to the proposed golf course and clubhouse shall be obtained before the development is commenced.

2. That no development or demolition works shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service and approved by North Ayrshire Council as Planning Authority. Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service.


3. That, prior to the commencement of the use hereby approved, a minimum of 10 formal passing places shall be formed in accordance with the Council's Roads Development Guide between the A737 and the entrance to the golf course, details of which shall be submitted to and agreed in writing by North Ayrshire Council as Planning Authority.

4. 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. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.

4.2 07/00990/PP: Beith: Glengarnock: Site to North East of 14 Kersland Road

Abbey Homes, Lomond House, Barnsford Court, 4 South Street, Inchinnan Business Park, Inchinnan, have applied for planning permission for the erection of 10 dwellinghouses on a site to the north east of 14 Kersland Road, Glengarnock, Beith. Objections have been received from H. Halbert of Kersland House, no. 14, Carole Leonard, no. 25, John and Eleanor Edgar, no. 13, Robert and Jane Waller, Kersland House, no. 14, Mr. and Mrs. J. Black, no. 7, Agnes C. Duffin, Hillcrest, no. 11, Mrs. A.V.J. Williamson, no. 9 and Mark Connelly, no. 3, all Kersland Road, Glengarnock and from Donald M. McLeod, 6 Davaar Road, Renfrew.

The Committee expressed the view that the terms of Condition 7 should be incorporated in the proposed Section 75 Agreement.

The Committee, having considered the terms of the objections, agreed to grant the application subject to (a) the applicants entering into a Section 75 or other suitable agreement deemed appropriate by the Council to (i) provide a commuted sum for the provision of upgrading of play facilities in the locality and (ii) reserve a 5-metre strip of land at the north-west end of the site, alongside the railway line for possible flood prevention measures; and (b) the following conditions:-


1. That a footway link shall be provided to the existing footway on Kersland Road and the existing Kersland Road adjacent to the site shall be widened to 5.5 metres with a 2 metre wide footway along the entire frontage of the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

2. That the boundary between plots 5 and 6 shall be relocated to allow equal driveway widths, 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. That, notwithstanding the conclusions of the Noise and Vibration Impact Assessment dated 14 May 2007 by Acoustics and Vibration Group, prior to the commencement of the development hereby approved, further details of measures to minimise the impact of railway noise on the occupiers of the houses shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter, any such details which may be approved shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

4. That the presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter, a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority.

5. 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. In addition, prior to the commencement of the development hereby approved, details of the proposed factor or management agency and a management plan, including a risk assessment for public safety, management responsibilities and maintenance schedules for the approved scheme, shall be submitted to, and approved in writing by, North Ayrshire Council as Planning Authority. The management plan shall be carried out in accordance with the approved details unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation, and the agreed agency shall only be changed with the agreement of North Ayrshire Council as Planning Authority.


6. That, prior to the commencement of the development hereby approved, a Drainage Assessment shall be prepared in accordance with the SUDS Working Party Guidelines 'Drainage Assessment, A Guide for Scotland', and shall be submitted to, and approved in writing by North Ayrshire Council as Planning Authority. Thereafter, any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority.

5. Irvine/Kilwinning

5.1 07/01043/PP: Irvine: New Street: Riverway Retail Park

Prudential Property Investment managers Ltd., c/o GVA Grimley LLP, Sutherland House, 149 St. Vincent Street, Glasgow, have applied for planning permission in respect of a section 42 application for non-compliance with condition 6 of planning permission CH/01/88/0546/L, which states that all retail sales shall be located on the ground floor of any unit at Riverway Retail Park, New Street, Irvine. An objection has been received from Muir Smith Evans, 203 Bath Street, Glasgow on behalf of ING Britannica LLP, owners of the Rivergate Centre, Irvine.

The Committee agreed to continue consideration of the application to a future meeting.

5.2 08/00084/PP: Kilwinning: 4 Oxenward Road

Mr. and Mrs. Roger To, 3 Knockrivoch Gardens, Ardrossan, have applied for planning permission for the erection of a hot food takeaway shop at 4 Owenward Road, Kilwinning. Objections have been received from Kilwinning Community Council, per May Burns, Secretary, 37 Dalmahoy Way, The Oxenward Surgery, 3 Oxenward Road, Ruth Anderson & Co., no. 188 and Helen Cattanach, nos 174-176, both Main Street, all Kilwinning.

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

1. That the proposed development would not comply with the criteria listed in (a), (b) and (d) of the Development Control Statement of the Adopted North Ayrshire Local Plan (excluding Isle of Arran), in that the development would be out of character with the surrounding built form, would generate additional noise and disturbance to the detriment of the existing residential properties in the area and would have insufficient parking and give rise to traffic circulation problems and conflict with pedestrian movements.


6. North Coast and Cumbraes

6.1 08/00131/PP: West Kilbride: Portencross: Yonderfield Farm

Mr. and Mrs. Brown, Yonderfield Farm, Portencross, West Kilbride, have applied for planning permission for the erection of a conservatory to the front of the mid-terraced dwellinghouse at that address.

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

1. That the proposed conservatory would be contrary to the criteria contained within the Development Control Statement in the Adopted North Ayrshire Local Plan (excluding Isle of Arran), specifically in relation to siting, design and external appearance. The proposed conservatory would have an unacceptable visual impact on the front of the dwellinghouse within this terraced housing group at a prominent location within the countryside by reason of its scale, design and choice of materials. The conservatory would be over-dominant on the front of the dwellinghouse, to the detriment of its character and appearance.

2. That the design of the proposed conservatory would not accord with the aims of the Council's approved Rural Design Guidance (in terms of policy BE 14 of the Adopted North Ayrshire Local Plan (excluding Isle of Arran)), in that it would represent an insensitive development in the countryside that would be out of keeping with the architecture of the building to which it would relate.

6.2 08/00128/PP: West Kilbride: Site to South of 1 Glen Road

Councillor Currie assumed the Chair for this item of business.

North Ayrshire Council, Roads and Transportation Services, Perceton House, Irvine, have applied for planning permission for the formation of a car park on a site to the south of 1 Glen Road, West Kilbride. 18 objections have been received as detailed in the Annex to the report. A petition, containing 87 signatures, in support of the application has also been received.

The Chief Development Manager Officer advised that, in paragraph 1 of section 3 of the report, reference to "Local Plan Policy BE14" should be amended to read "Local Plan Policy BE1" and, in paragraph 3 of section 3 of the report, reference to "Policy BE5" should be amended to read "Policy BE1".

The Committee, having considered the terms of the objections and petition of support, agreed, subject to the application being referred to the Scottish Ministers, to grant the application, subject to the conditions listed below, unless the Scottish Ministers issue a direction in response to the referral:-


1. That, prior to the commencement of development, the following shall be submitted for the written approval of North Ayrshire Council as Planning Authority:

(a) drawings detailing a SUDS drainage scheme to serve the development, including a schedule of future maintenance;
(b) samples of the proposed car park surface materials;
(c) details of the lighting scheme including the siting and design of columns and lamps (which shall be designed to minimise light spill);
(d) a detailed scheme of hard and soft landscaping, to include:

(i) existing and finished ground levels in relation to a fixed datum, preferably Ordnance;
(ii) existing landscape features and vegetation to be retained and, in the case of damage, restored;
(iii) location and design, including materials, of any walls, fences and gates;
(iv) an indication of existing trees, shrubs and hedges to be removed, those to be retained and, in the case of damage, proposals for their restoration;
(v) location of new trees, shrubs, hedges and grassed areas; and
(vi) a schedule of plants to comprise species, plant sizes and proposed numbers/density.

2. That all hard and soft landscaping works shall be undertaken in accordance with the scheme as may be approved in writing by North Ayrshire Council as Planning Authority prior to the car park coming into operation or during the first planting season following the car park coming into operation, whichever is the sooner.

3. That development shall not begin until details of earthworks have been submitted to and approved in writing by North Ayrshire Council as Planning Authority. Details shall include existing and proposed levels (in relation to a fixed datum, preferably Ordnance) and contours in relation to surrounding vegetation and landform (with datum levels). Development shall be carried out in accordance with the approved details.

4. That existing trees and shrubs on the site shall not be lopped, topped, felled, removed or disturbed in any way without the prior written consent of North Ayrshire Council as Planning Authority.

5. That development shall not commence until trees marked for retention on the drawings approved under condition 1 have been protected by suitable fencing. Details of this fencing shall be submitted for the consideration of North Ayrshire Council as Planning Authority and no work shall commence on site until approval has been given.


6. That no excavation work, including the laying of services, shall be undertaken below the crowns of trees to be retained.

7. Breach of Condition Notice: West Kilbride: Seamill: 31 Ardrossan Road

Submitted report by the Assistant Chief Executive (Legal and Protective) on the proposed service of an Breach of Condition Notice in relation to the non-compliance with condition 3 of Planning Permission N/07/00832/PP granted on 27 November 2007.

The Committee agreed to continue consideration of the item in the light of the receipt of a planning application in respect of this matter.

8. Permitted Development Rights for Domestic Microgeneration Equipment: Consultation Paper

Submitted report by the Assistant Chief Executive (Legal and Protective) on the implications of, and the Council's response to, the Scottish Government consultation paper on Permitted Development Rights for Domestic Microgeneration Equipment.

Microgeneration equipment refers to solar water heating, solar electricity (photo-voltaics), small wind turbines, biomass boilers, heat pumps (ground, water and air source), combined heat and power systems and hydro-electric generators. The consultation paper seeks views on the extent to which the need to apply for planning permission might be reduced by making microgeneration equipment "permitted development".

In the case of solar heating and photo-voltaics, the consultation paper recommends that limits be set in terms of protrusion (150mm) above the rof plane or wall and 60% coverage. The same limit would apply on flat roofs, although there would be a requirement for panels to be at least 1 metre from the edge of the roof. For wind turbines, the suggested limit would be one turbine per house, including the curtilage, and a simple distance criteria of at least 100 metres to the nearest residential property. For ground and water source heat pumps, the equipment could be installed within the house, meaning that planning permission would not be needed for any trench or borehole. Air source heat pumps would be the subject of a 100 metres distance limit to the nearest residential property.

The consultation paper suggests that biomass items were adequately covered in the residential Permitted Development and, therefore, specific provisions were not needs under the microgeneration heading. It also notes that there are likely to be few opportunities for hydro electric schemes in domestic circumstances.


Finally, the paper recommends an overall limit of 50kW or 45kW thermal within the curtilage of a single house, in order to control any cumulative impact of the installation of various types of microgeneration equipment under Permitted Development rights.

The appendix to the report set out proposed responses to the series of questions contained within the
consultation paper.

The Committee agreed to approve the comments set out in Appendix 1 to the report as the Council's response to the consultation.

The Meeting ended at 3.15 p.m.