Planning Sub Committee of Corporate Services Committee 6 September 2004
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1 Planning Sub Committee of Corporate Services Committee 6 September 2004 IRVINE, 6 September At a Meeting of the Planning Sub Committee of the Corporate Services Committee of North Ayrshire Council held at 2.00 p.m. Present David Munn, Tom Barr, Elizabeth McLardy, David O'Neill and Robert Rae. Also Present Ian Richardson (Items 3.1 and 3.3). In Attendance A. Fraser, Manager Legal Services and J. Miller, Chief Development Control Officer (Legal and Protective); S. Bale and J. Bannatyne, Corporate and Democratic Support Officers (Chief Executive's). Chair Councillor Munn in the Chair. Apologies for Absence Jack Carson, Gordon Clarkson, Margie Currie, Elisabethe Marshall and John Reid. 1. Arran Local Plan Area 1.1 N/04/00645/OPP: Brodick: Kings Cross: Site to the South West of Pointhouse Glenashdale Properties, Pointhouse, Kings Cross, Isle of Arran, have applied for outline planning permission for the erection of holiday letting cottages on a site to the southwest of that address. An objection has been received from John Roberts, Arran Civic Trust, 3 Glen Place, Brodick, Isle of Arran. The Sub Committee, having considered the terms of the objection, agreed to grant the application, subject to (a) the applicants entering into a Section 75 Agreement to limit the ownership, management and operations of the holiday let cottages as a single unit; and (b) the following conditions: - 1. That prior to the commencement of the development, hereby approved, details of the drainage/sewage disposal scheme shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority. 2. The development, hereby approved, shall not be occupied until the approved drainage/sewage disposal scheme is operational in accordance with the details approved in terms of Condition 1. Page 1
2 3. 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. 4. That no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority. 5. That the holiday letting units hereby approved shall not be occupied as a permanent residence, nor shall they be occupied for more than three consecutive months nor for more than six months in total in any calendar year by the same persons. 6. That prior to the occupation of the holiday letting cottages hereby approved, the first 10 metres of the access beyond the present limit of the existing public road shall be hard surfaced and widened to 5.5m 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. 7. That prior to the occupation of the holiday letting cottages hereby approved, a minimum parking provision of one space per cottage shall be provided and thereafter maintained to the satisfaction of North Ayrshire Council as Planning Authority. 1.2 N/04/00677/OPP: Brodick: Blackwaterfoot: Torbeg: Ground at High Parks Susan Currie, Bellevue Cottages, Shiskine, Isle of Arran, has applied for outline planning permission for the erection of a detached dwellinghouse for an agricultural worker on ground at High Parks, Torbeg, Blackwaterfoot, Isle of Arran. The Sub Committee agreed to grant the application subject to (a) the applicant (i) entering into a Section 75 Agreement to limit occupation of the house to a person employed in agriculture or a dependent of such person and (ii) acquiring the 38 acres of land as referred to in the Labour Requirement Report; 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 before the commencement of the development, hereby approved, details of the drainage/sewage disposal scheme shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority. 3. That the development, hereby approved, shall not be occupied until the approved drainage/sewage disposal scheme is operational in accordance with the details approved in terms of Condition 2. Page 2
3 4. That prior to the occupation of the dwellinghouse hereby approved, visibility splays of 2.5m by 60m, in both directions shall be provided and maintained at the junction with public road 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. 5. That prior to the occupation of the dwellinghouse hereby approved, the first 2m 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. 6. That prior to the occupation of the dwellinghouse hereby approved a turning area shall be provided within the site to the satisfaction of North Ayrshire Council as Planning Authority. 1.3 N/03/01137/PP: Brodick: Auchrannie Road: Site opposite Glencloy Garage Auchrannie Leisure Ltd., Auchrannie Country House Hotel, Brodick, Isle of Arran, have applied for planning permission for the erection of 2 detached one and a half storey dwellings with detached garages on a site opposite Glencloy Garage, Auchrannie Road, Brodick, Isle of Arran. Objections have been received from Gwen and Alex Mutch, Gushet Neuk, Ann Banks, Arran Civic Trust, High Glencloy and John Roberts, 3 Glen Place, all Brodick, Isle of Arran. The Sub Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:- 1. A detailed Flood Risk Assessment shall be submitted to and agreed in writing with North Ayrshire Council as Planning Authority, prior to any work commencing on site. The findings of the assessment shall be fully implemented prior to either house being occupied; and thereafter, any works arising from the implementation of the findings of the assessment, shall be maintained to the satisfaction of North Ayrshire Council as Planning Authority. 2. That the first 2 metres of the driveways, 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 accesses onto the public highway. 3. That no trees or hedges on the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority. 4. The foul drainage from the site, shall be connected to the public sewer, prior to either house on the site being occupied. Page 3
4 5. The alterations to the existing Auchrannie Road and the repositioning and formation of the access road immediately to the south of the site, shall be completed in accordance with the details on drawing no. 002/0031 rev. C, prior to either house being occupied. 2. Ardrossan/Saltcoats/Stevenston Local Plan Area N/04/00132/OPP: Stevenston: Site to the North of Pennyburn Roundabout Hawkhill Estates, 20 Lyndoch Crescent, Glasgow, have applied for outline planning permission for a mixed residential and commercial development on a site to the north of Pennyburn Roundabout, Stevenston. An objection has been received from Mr. and Mrs. W. McVey, Hawkhill Cottage, Castlehill Road, Stevenston per J. & J. McCosh, Solicitors. The Sub 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 Policies G1 and G5 of the approved Ayrshire Joint Structure Plan, Policies EC6, IND13 and R8 of the Adopted Ardrossan, Saltcoats and Stevenston Local Plan, and Policy ENV1 of the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that it represents development in the Countryside which cannot be justified on the grounds of specific locational need. Note to Minute The application at 2. above was subsequently withdrawn by the applicant prior to the minute of the Planning Sub Committee being submitted to the Council for ratification. 3. Garnock Valley Local Plan Area 3.1 N/03/00836/PP: Beith: Townend of Shutterflat Farm Mary Lamont, Townend of Shutterflat Farm, Beith, has applied for planning permission for a change of use of agricultural land to site 5 touring caravans at that address. The Sub Committee agreed to refuse the application on the following ground:- 1. That the proposed development would be contrary to policies TOU 3 and FAR 3 in the adopted Garnock Valley Local Plan, and policies TOU 5, TOU 4 and ENV 3 in the finalised North Ayrshire Local Plan (excluding Isle of Arran), in that it would comprise development in the countryside that would not be located on an unobtrusive site, would have an adverse effect on the rural character of the area and for which no site specific need nor significant economic benefit to the area has been demonstrated. Page 4
5 3.2 N/04/00424/PP and N/04/00425/LBC: Dalry: New Street Tracy Hunter, 65 Woodend Drive, Glasgow, has applied for planning permission and listed building consent for the change of use of a shop to 3 maisonette houses and division of an upper maisonette to form 2 flats, internal alterations, formation of windows, installation of patio doors and windows in an outbuilding and partial demolition of outbuildings at New Street, Dalry. The Sub Committee agreed (a) in respect of the application for planning permission (N/04/00424/PP), to grant planning permission subject to the following conditions:- 1. That the three existing feature fire places on the ground and first floors shall be retained together with all ceiling roses, decorative cornicing, skirtings and panelled doors, except those doors shown to be removed on the plans hereby approved and such features shall not be altered or removed except with the prior written approval of North Ayrshire Council as Planning Authority. 2. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority detailed proposals for the ventilation of the ground floor rooms at the front and rear of the building; and (b) in respect of the application for listed building consent (N/04/00425/LBC), to grant listed building consent subject to Section 12 of the Planning (Listed Buildings in Conservation Areas) (Scotland) Act 1997 and to the following conditions:- 1. That the three existing feature fire places on the ground and first floors shall be retained together with all ceiling roses, decorative cornicing, skirtings and panelled doors, except those doors shown to be removed on the plans hereby approved and such features shall not be altered or removed except with the prior written approval of North Ayrshire Council as Planning Authority. 2. That prior to the commencement of the development the applicants shall submit for the written approval of North Ayrshire Council as Planning Authority detailed proposals for the ventilation of the ground floor rooms at the front and rear of the building. 3.3 N/04/00559/PP: Dalry: Mill Park: Plot 39 The Sub Committee noted that the application submitted by Burnthills Developments Ltd., Castlehill, Howwood, Renfrewshire, for planning permission for the erection of a 2 storey dwellinghouse with the formation of associated car parking on Plot 39, Mill Park, Dalry, had been withdrawn. Page 5
6 4. Irvine/Kilwinning Local Plan Area 4.1 N/04/00535/PP and N/04/00536/LBC: Irvine: 8-12 Harbour Street Commodore Homes Limited, 151 West George Street, Glasgow, have applied for (i) planning permission for the refurbishment, alteration and extension of an existing building to form 4 flats, the erection of a one and a half storey dwellinghouse to the rear and the formation of associated parking and roadways (N/04/00535/PP); and (ii) listed building consent for the refurbishment, alteration and extension of an existing building to provide 4 flats (N/04/00536/LBC) at 8-12 Harbour Street, Irvine. A representation has been received from Shirley Gibson, 4B Gottries Road on behalf of the other residents at nos 5-35 Gottries Road, Irvine. The Sub Committee, having considered the terms of the representations, agreed (a) in respect of the application for planning permission (N/04/00535/PP) to grant planning permission subject to the following conditions:- 1. That prior to the occupation of the new house the additional land shall be acquired and the parking space and garden formed to the satisfaction of North Ayrshire Council as Planning Authority. 2. That prior to the commencement of any works the details of the windows to the flats shall be submitted and agreed in writing with North Ayrshire as Planning Authority prior to installation and all windows and timber finishes shall be white in colour. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority. 3. That the skylight windows to the new house shall be double glazed. 4. That the rear chimney shall be retained and reinstated to the satisfaction of North Ayrshire Council as Planning Authority. 5. That the rainwater goods for the listed buildings shall be black cast iron. 6. That prior to the commencement of any works details of the front doors shall be submitted and agreed in writing with 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. 7. That prior to the occupation of the flats hereby permitted the parking provision shall be constructed in accordance with the approved plans. 8. That all fences hereby approved shall be erected prior to occupation of the house or any flat. Page 6
7 9. That prior to the commencement of any works details of the drainage arrangements shall be submitted for the approval in writing of North Ayrshire Council 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; and (b) in respect of the application for listed building consent (N/04/00536/LBC) to grant listed building consent subject to Section 12 of the Planning (Listed Buildings in Conservation Areas) (Scotland) Act 1997; and to the following conditions:- 1. That the details of the windows to the flats shall be submitted and agreed in writing with North Ayrshire Council as Planning Authority prior to the commencement of any works and all windows and timber finishes shall be white in colour. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority. 2. That the rear chimney shall be retained and reinstated to the satisfaction of North Ayrshire Council as Planning Authority. 3. That the rainwater goods for the listed buildings shall be black cast iron. 4. That prior to the commencement of any works details of the 2 front doors shall be submitted and agreed in writing with 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. 4.2 N/04/00643/PP: Kilwinning: Dalry Road: Cornerstone Church Cornerstone Church, 2 Dalry Road, Kilwinning, have applied for planning permission for a change of use from a church hall to a church hall incorporating a cafe at that address. A petition of objection containing the names of 19 residents of Caley House, Howgate, Kilwinning, has been received. The Sub Committee, having considered the terms of the objections, agreed to grant the application subject to the following conditions:- 1. That the café hereby permitted shall not be open to members of the public between the hours of 5.00pm in any day and 9.00am the following day nor at any time on Sundays. 2. That the planning permission hereby granted shall enure not for the benefit of the land but for the benefit of the applicants only. Page 7
8 4.3 N/04/00740/PP: Irvine: Site to the South West of 13 Dalrymple Court Ronnie Singleton, 13 Dalrymple Court, Irvine, has applied for planning permission for the erection of a detached dwellinghouse on a site to the southwest of 13 Dalrymple Court, Irvine. The Sub Committee agreed to grant the application subject to the following conditions:- 1. 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 for the curtilage ground which shall include details of species and planting densities. 2. 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 house. 3. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details of the proposed boundary enclosures for the house plot. Thereafter any enclosures which may be approved shall be completed prior to the occupation of the dwellinghouse. 4. That prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority samples or exact details of the proposed external finishes. 4.4 N/04/00754/PP: Kilwinning: 70 Blairafton Wynd I. Boyd, 70 Blairafton Wynd, Kilwinning, has applied for planning permission for the erection of a 2 storey extension to the side of the semi detached dwellinghouse at that address. Objections have been received from Mrs. Prew, no. 61, Mr. and Mrs. G. Docherty, no. 68 and Colin and Fiona Davidson, no. 72, all Blairafton Wynd, Kilwinning. The Sub Committee, having considered the terms of the objections, agreed to grant the application subject to the following condition:- 1. That the facing brick finish to the walls of the extension shall match the facing brick finish to the walls of the existing dwellinghouse and prior to the commencement of the development the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority exact details or a sample of the facing brick finish to the walls of the proposed extension Page 8
9 5. North Coast and Cumbraes Local Plan Area 5.1 N/04/00230/OPP: Skelmorlie: 4 Halketburn Road P. McClure, 4 Halketburn Road, Skelmorlie, has applied for outline planning permission for the erection of a dwellinghouse at that address. A representation has been received from M.J.R. Townsend, Castleburn, Halketburn Road, Skelmorlie. The Sub Committee, having considered the terms of the 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 and means of access to the proposed development shall be obtained before the development is commenced. 2. That visibility splays of 2.5 metres by 35 metres shall be provided and maintained on land within the applicant's 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 the proposed footway on the radii of Halketburn Road and Skelmorlie Castle Road shall be extended in a southerly direction to the tangent point with Skelmorlie Castle Road and drop kerbs be provided on both sides of Skelmorlie Castle Road on and adjacent to the tangent point. 4. That no trees within the site shall be felled or lopped without the prior written approval of North Ayrshire Council as Planning Authority and any submission of reserved matters shall be accompanied by a report on the condition of trees within the site. 5.2 N/04/00484/PP: Largs: 5 Kyles View Mr. and Mrs. Niven, 5 Kyles View, Largs, have applied for planning permission for the erection of a timber deck to the rear of the semi detached dwellinghouse at that address. An objection has been received from Malcolm Ferguson, 6 Mount Stuart Road, Largs. The Sub Committee, having considered the terms of the objection, agreed to grant the application. 5.3 N/04/00655/PP: Skelmorlie: 1A Winton Drive Terence McElny, 1A Winton Drive, Skelmorlie, has applied for planning permission for alterations to the roof and the formation of a balcony to the front of the dwellinghouse at that address. Page 9
10 The Sub Committee agreed to refuse the application on the following ground:- 1. The proposed development would be contrary to Policy HOU8 in the adopted North Coast and Cumbraes Local Plan and the Development Control Statement contained within the Finalised North Ayrshire Local Plan (excluding Isle of Arran) in that by reason of its design, scale and appearance the dormers would overdominate the roof of the existing property and would be detrimental to the character and appearance of the surrounding area. 6. Procedures for Objectors to make Representations to the Planning Sub Committee Submitted report by the Chief Executive on proposed procedures for objectors to make representations to the Planning Sub Committee. At the Chair's discretion, objectors who have requested to be heard by the Planning Sub Committee have been given an opportunity to present their case to the meeting. As there were no specific procedures designated to the Planning Sub-Committee, the procedures which have been followed are those contained within the Council's Deputations/Petitions Procedures. A number of other Councils have procedures which relate specifically to planning applications. It is considered appropriate that North Ayrshire should introduce procedures specific to planning applications. The proposed procedures specify categories of application where objectors would be entitled to request to address the Planning Sub Committee in support of their objections. The procedures also specify notice periods to applicants and objectors, the order in which objectors and applicants will be heard at the Planning Sub-Committee, numbers of spokespersons, time limits for addressing the Sub Committee, and the decision-making process. More detailed guidance will also be prepared for objectors and applicants. The Sub Committee agreed, subject to an amendment to paragraph 2.2 of the procedures to state "3 working days of receipt of the request", to approve the procedures as detailed in the Appendix to the report. The Meeting ended at 3.35 p.m. Page 10
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