Local Review Body
30 November 2010
IRVINE, 30 November 2010 - At a Meeting of the Local Review Body of North Ayrshire Council at 3.15 p.m.
Margie Currie, Robert Barr, Ian Clarkson, William Gibson, Ronnie McNicol, Pat McPhee, John Moffat and Ryan Oldfather.
R. Forrest, Planning Services Manager and A. Craig, Senior Solicitor (Corporate Services); and M. Anderson, Committee Services Officer (Chief Executive's Service).
Councillor Currie in the Chair.
Apologies for Absence
Elizabeth McLardy and David Munn.
1. Declarations of Interest
There were no declarations of interest by Members in terms of Standing Order 16.
The Minutes of the previous meeting of the Local Review Body held on 19 October 2010 were signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973.
3. North Coast and Cumbraes: 10/00403/PP: Largs: 5 Gogo Street
Submitted report by the Chief Executive on a request for a review of the decision taken by officers under delegated authority to refuse planning permission for the installation of French doors and decking to the front of the dwellingflat at 5 Gogo Street, Largs. The Notice of Review documentation, the Planning Officer's Report of Handling, a location plan and a copy of the Decision Notice, were provided as Appendices 1-4 to the report.
The Planning Services Manager, as Planning Adviser to the LRB, introduced the matter under review, confirming that the Notice of Review was in order and had been submitted timeously by the applicant. Photographs and plans of the site were displayed.
Members agreed that the Local Review Body had sufficient information before it to determine the matter without further procedure.
The Local Review Body noted that the photographs submitted as part of the Notice of Review and contained on page 14 of the Agenda constituted new information and should be disregarded in terms of Section 43B of the Town and Country Planning (Scotland) Act 1997 as information not available to the Planning Officer at the time of determining the planning application, as they illustrated properties outwith the immediate vicinity of the application site. However, the Local Review Body agreed that the other photographs submitted as part of the Notice of Review could be considered as they were illustrative of the area of the application site and would be been viewed by the Planning Officer when determining the planning application.
Members considered the impact of the proposed alterations on the property itself and the amenity of the area, and discussed their context in terms of alterations to other nearby properties. Consideration was also given to the visual prominence of the application site and to the extent to which the hedge surrounding the frontage of the property might mitigate against any negative impact.
Councillor Oldfather, seconded by Councillor Gibson, moved that the Local Review Body agree to (a) uphold the review request; and (b) grant the application, subject to a condition requiring the hedge within the application site to be retained and maintained at a height of 2.2m.
As an amendment, Councillor R. Barr, seconded by Councillor Currie, moved that the Local Review Body agree to uphold the decision to refuse planning permission for the reason set out in the Decision Notice (Appendix 4 to the report).
On a division, there voted for the amendment 4 and for the motion 4 and, on the casting vote of the Chair, the amendment was declared carried.
Accordingly, the Local Review Body, having considered the provisions of the Development Plan and other material considerations, agreed (a) to uphold the decision to refuse planning permission on the following ground:-
1. That the proposed alterations would be contrary to the principles contained in the Development Control Statement of the Adopted Local Plan in terms of both (a) siting, design and external appearance and (b) amenity. The application site forms part of the Largs townscape which remains substantially intact and unaltered. The proposed window alterations and timber decking would adversely affect the character and amenity of the area by reason of their modern design and visual prominence.
and (b) that the Decision Notice be drafted by Officers, agreed by the Chair and, thereafter, signed by the Proper Officer for issue to the applicant and interested parties.
The Meeting ended at 3.45 p.m.