Cunninghame House, Irvine. 30 November 2017 Planning Committee You are requested to attend a Meeting of the above mentioned Committee of North Ayrshire Council to be held in the Council Chambers, Cunninghame House, Irvine on WEDNESDAY 6 DECEMBER 2017 at 2.00 p.m. to consider the undernoted business. Yours faithfully Elma Murray Chief Executive 1. Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2. Minutes (Page 4) The accuracy of the Minutes of meetings of the Committee held on 8 November 2017 and will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3. Three Towns Submit report on the following application: 17/01079/PP: 1A Park Road, Ardrossan (Page 7) Change of use of vacant yard and buildings to tyre fitting and wash/valet centre (copy enclosed). North Ayrshire Council, Cunninghame House, Irvine KA12 8EE
4. Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997: Site to West of Eglinton House, Kilwinning (Page 14) Submit report by the Executive Director (Economy and Communities) on a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 requiring cessation of the use of the storage container at Site to West of Eglinton House, Kilwinning, also known as Ground at Garden Cottage, Eglinton, Kilwinning (copy enclosed). 5. Urgent Items Any other items which the Chair considers to be urgent. North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 2
Planning Committee Sederunt: Tom Marshall Timothy Billings Robert Barr Ian Clarkson Robert Foster Christina Larsen Shaun Macaulay Ellen McMaster Ronnie McNicol Donald Reid (Chair) (Vice-Chair) Chair: Attending: Apologies: Meeting Ended: North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3
Planning Committee 8 November 2017 Agenda Item 2 Irvine, 8 November 2017 - At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. Present Tom Marshall, Timothy Billings, Robert Barr, Ian Clarkson, Robert Foster, Christina Larsen, Shaun Macaulay, Ronnie McNicol and Donald Reid. In Attendance A. Hume, Senior Development Management Officer, A. Craig, Senior Manager (Legal Services) and A. Little, Committee Services Officer (Chief Executive's). Chair Councillor Marshall in the Chair. Apologies for Absence Ellen McMaster 1. Declarations of Interest In terms of Standing Order 10 and Section 5 of the Code of Conduct for Councillors, Councillor Billings, as the owner of the property, declared an interest in Agenda Item 3-17/00887/PP: Katlin, Lamlash and left the meeting for that item of business. 2. Minutes The accuracy of the Minutes of meetings of the Committee held on 20 September 2017 were confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. 17/00887/PP: Katlin, Lamlash Mr G Dallamore, Katlin, Lamlash, Isle of Arran has applied for planning permission for the erection of an extension and the formation of a terrace to the detached dwelling house at that address. The Committee agreed to grant the application subject to the condition that the proposal complies with the relevant provisions of the Local Development Plan and there are no other material considerations that indicate otherwise. Page 1 4
4. Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997: Former Grounds Maintenance Depot, 12 Lanfine Terrace, Girdle Toll, Irvine Submitted report by the Executive Director (Economy and Communities) seeking authority to serve a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 requiring cessation of the use of the property for vehicle valeting and repair. The Committee was advised of an email objection to the content of the officer's report that had been received from one of the co-owners of the property. Whilst there is no formal process for objecting to the Council's report, the planning officer has responded to the objector advising him that if the Committee decide to authorise an Enforcement Notice, he will have a right of appeal to the Scottish Government. Development comprising the material change of use of the property from a Class 6 (Storage) Use to a mixed use comprising vehicle valeting and repair has been undertaken at the former Grounds Maintenance depot, 12 Lanfine Terrace, Girdle Toll, Irvine. The valeting use commenced sometime around January 2016 and the repair use commenced sometime in the summer of 2017. Planning permission has not been sought or granted for the development. The use of the property is considered to have an adverse impact on the area by way of its impact on amenity due to potential disturbance from emissions, noise and vehicular traffic movements. Members asked questions and were provided with clarification on the sale of the property by the Council to the owners 'as seen' and with no conditions. The Committee agreed, in the interest of the character and amenity of the area, to approve the service of a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 to require cessation of the use of the property for the purposes of vehicle valeting and vehicle repair. 5. Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997: 84 Main Street, Largs Submitted report by the Executive Director (Economy and Communities) seeking authority to serve a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 requiring the removal of unauthorised development comprising the installation of a Piaggio Ape vehicle on the roof of the building. Development comprising the installation of a Piaggio Ape three wheeled vehicle on the roof of the building has been carried out at 84 Main Street, Largs. The development was undertaken sometime around 3 July 2017. Planning permission has not been sought or granted for the development. Page 2 5
The Piaggio Ape, on the roof of 84 Main Street, Largs is considered to constitute development requiring planning permission, because the siting of it on the roof constitutes operational development comprising other operations on land, as defined by Section 26 of the Town and Country Planning (Scotland) Act 1997 (as amended). The development is considered to have an adverse impact on the local area by way of its siting, design and appearance. It is not considered to be an advertisement as it is not employed for the purposes of advertising. The Committee agreed, in the interest of visual amenity, to approve the service of a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 to require the removal of the Piaggio Ape from the roof of the property. 6. Update on Scottish Government post-legislative scrutiny of the High Hedges (Scotland) Act 2013 Submitted report by the Executive Director (Economy and Communities) on the recommendations made by the Local Government and Communities Committee on the operation of the above Act since its introduction. The Local Government and Communities Committee (LGCC) issued a call for views on the operation of the Act between 6 February and 20 March 2017 and received 64 responses from individuals, Local Authorities, MSPs and Ministers. North Ayrshire Council responded to this call on 15 March 2017 (Appendix 1). LGCC subsequently also took evidence in person from witnesses during April and May 2017. Their concerns focused on five areas: Data collection and record keeping; Definition; Enforcement; Fees and costs; and Timing. A copy of the LGCC's report and recommendations was published on 10 September 2017 (Appendix 2). The LGCC's recommendations to the Scottish Government were summarised in the report at 3.2. It concluded that the High Hedges (Scotland) Act 2013 has been beneficial for some of those affected by the issues but further work is required to ensure its effectiveness, the Act is not currently operating in the spirit intended and, despite having this Act, some people are still to enjoy their homes as a result of nuisance high hedges. The LGCC therefore encourages both the Scottish Government and Local Authorities to consider and take on board the recommendations on how the provisions of the Act, in practice, can be made to work better to the benefit of all. The Council's response to the initial call for views identified concerns over the clarity of the definitions in the Act, which have been addressed within the recommendations made by the LGCC. Noted. The meeting ended at 2.25 p.m. Page 3 6
NORTH AYRSHIRE COUNCIL Agenda Item 3 Planning Committee 6 December 2017 Locality Three Towns Reference 17/01079/PP Application 12 October 2017 Registered Decision Due 12 December 2017 Ward Ardrossan and Arran Recommendation Grant with Conditions contained in Appendix 1 Location 1A Park Road, Ardrossan Applicant Mr Martin Gray, 121 Argyle Road, KA29 5AQ Proposal Change of use of vacant yard and buildings to tyre fitting and wash/valet centre 1. Description This is an application for the change of use of vacant buildings and yard to a tyre fitting and car wash/valet centre at 1A Park Road, Ardrossan. The yard and buildings have been used for a variety of commercial uses over recent years. However the last use with planning permission was a car repair centre, which use ceased in late 2002 by virtue of a temporary planning permission. The application site is located on the north side of Park Road, on the fringe of Ardrossan Town Centre and extends over an area of some 800 square metres containing a large workshop at the rear, eastern end of the site, which has a floor space of some 125 square metres; a small office; and a further smaller workshop building, collectively extending to an additional 40 square metres or thereby. 7
The site is bounded to the north by the cutting of a disused railway line; to the east by the cutting of the Kilwinning/Largs railway line; to the south by residential properties on both sides of Park Road; and to the west by the continuation of Park Road towards its junction with Glasgow Street. The yard is screened from Park Road by a brick wall of some 2.5 metres in height. In the Adopted Local Development Plan (LDP),the site lies within a Residential area. As the proposed use has no specific allocation made by the LDP and is not expressly provided for by any other policy, the proposal requires to be assessed against Policy A1 (Non conforming uses not otherwise provided for by any policy in the Local Plan). The proposal also requires to be considered against the General Policy contained within the LDP where the relevant criteria would be a) Siting, Design and External Appearance, b) Amenity, and d) Access, Road Layout, Parking Provision. In terms of planning history, the site was used as an operating base and repair depot for a taxi firm until the late 1990's. In November 2000, a planning application (ref. 00/00462/PP) for the use of the building and yard as a car repair centre was granted for a period of one year. A subsequent appeal against the temporary nature of the permission was dismissed in June 2001, and during the operation of the trial period the Council also found it necessary to take enforcement proceedings against the then operator in relation to operating outwith authorised hours, which resulted in the matter being reported to the Procurator Fiscal and an Interdict obtained to ensure compliance with the planning conditions. A further planning application (ref. 01/00810/PP) in November 2001, for the continuation of the temporary use was refused planning permission in March 2002 on the grounds that the use of the premises, over the trial period, demonstrated that residential amenity would be adversely affected. An appeal against this decision was dismissed in September 2002. In April 2010 an application for retrospective planning permission was refused for a vehicle repair, car/van hire and operating centre (ref. 09/00494/PP). This application was refused on the grounds of adverse impact on residential amenity and overspill of vehicles onto the public road. An appeal against this decision was subsequently dismissed by the Local Review Body in Nov. 2010. Following an inspection of the premises, it was noted that vehicle repair operations were continuing and consideration was given to a referral of the matter to the Procurator Fiscal. However, shortly thereafter, a further application was submitted to delete the vehicle repair (ref: 11/0771/PP), and it was decided to withhold referral to the Procurator Fiscal to enable this application to be determined. The application was subsequently refused at planning committee in March 2012), and thereafter the use ceased. 8
2. Consultations and Representations The application was subject to the standard neighbour notification procedures. A total of four representations have been received and can be summarised as follows: - 1) The application site is within a quiet residential area, a commercial use would bring a high volume of vehicles into the area. Response: As discussed above, the site has a previous commercial use. It is considered that the yard is suitable for a commercial use and given the proximity of residential properties, temporary consent would be appropriate to assess the impact that the proposal would have on the surrounding area. NAC Transportation has not raised any objections to the proposal. 2) There are a number of residential properties which bound the site. There is not any noise attenuation measures and as such the proposal would be detrimental to the amenity and privacy of these properties. There could also be a potential fire hazard through the storage of materials. Response: The hours of operation would be Monday-Friday 9am-4pm, Saturday 9am-2pm and closed on a Sunday. Environmental Health has not raised any objections to the proposal. It is considered that a condition could be imposed with respect to the hours of operation. The car wash area would be in the western part of the site, approx. 18m from the nearest residential property. The site office and tyre fitting area would be within the existing workshops which bound the residential properties. It is considered appropriate to attach a condition that valeting and tyre fitting should not take place outwith the building. As discussed above, it is also considered that planning permission should be approved on a temporary basis of 1 year to assess the impact on the surrounding area. The potential of fire hazard is not a material planning consideration and is a matter for the applicant to consider in the operation of the business. 3) There is a planning history to the site where previous complaints were made regarding noise nuisance. Response: As discussed above, planning permission was approved in Nov 2000 for the use of the building and yard as a car repair centre (ref. 00/00462/PP). The council also found it necessary to take enforcement proceedings against the then operator in relation to operating outwith authorised hour. The current application requires to be assessed on its own merits and the previous operational complaints should have no bearing on the assessment of this proposal. 9
Consultations NAC Transportation: - No objections. Details of the proposed parking within the site should be submitted for consideration. Response: - Noted. This could be addressed through the imposition of an appropriate condition. Environmental Health: - No objections. The hours of operation should be as stipulated on the application form. Response: - Noted. An appropriate condition could be attached with this regard. 3. Analysis This application proposes a car wash within the yard with the tyre fitting and valet within the existing workshop buildings on the site. The proposed use is considered to be sui-generis, i.e. a use not included within any specific class of the Use Classes Order. The application site lies within a residential allocation in the LDP and therefore the proposed use does not accord with the Local Plan allocation, although it is acknowledged that the site has had a variety of commercial uses. With regards to Criterion (a), it is considered that although no proven need has been demonstrated by the applicant, as discussed above, the site has previously been used for commercial vehicle repairs, and the current proposal would involve tyre fitting and car wash/valeting. Given that there are existing unused sheds, the yard is hard surfaced and enclosed, it is considered that the yard would be fit for purpose and the proposal would bring a disused yard back into operation. With regards to Criterion (b), there are no other similar uses within this vicinity and as such, the proposal would not lead to an unacceptable concentration of uses. With regards to Criterion (c), it is considered that although the site is within a residential area, as discussed above, given the presence of the existing buildings, the layout of the site and the commercial history, it is considered that the proposed use would be acceptable in this location. With regards to criterion (d), the applicant states the hours of operation would be Monday-Friday 9am-4pm, Saturday 9am-2pm and closed on a Sunday. Environmental Health has not raised any objections to the proposal. It is considered appropriate to attach a condition with respect to the hours of operation. It is also considered that given the proximity of residential properties, planning permission should be granted for a temporary 1 year period to assess the impact of the proposed use within the local area. 10
With regards to criterion (a) of the General Policy, the site relates to an existing yard. The business would operate within existing buildings and there would not be any additional structures. It is considered that the proposal would accord with criterion (a). With regards to criterion (b), as discussed above, Environmental Health has not raised any objections to the proposal. As discussed above, it is considered that the site is fit for purpose. It is considered appropriate to attach a condition with respect to the hours of operation. It is also considered that given the proximity of residential properties, planning permission should be granted for a temporary 1 year period. The proposal would result in the re-use of an otherwise vacant site. In view of the above, it is considered that the proposal would accord with criterion (b). In relation to criterion (d), the site has been hard surfaced and the applicant states that 12 parking spaces can be provided on site. NAC Transportation has not raised any objections and advise that the applicant should submit a parking plan prior to the operation coming into use. An appropriate condition could be attached with this regard. In view of the above it is considered that the use now proposed differs significantly from the previous general car repair operations on the site and while the proposed use is a non-conforming use in relation to the residential allocation of the site in the adopted Local Plan, the previous approved commercial uses of the site are considered to be a material consideration in support of the use. It is therefore recommended that a temporary planning permission be granted subject to conditions. 4. Full Recommendation See Appendix 1. KAREN YEOMANS Executive Director (Economy and Communities) Cunninghame House, Irvine 15 November 2017 For further information please contact Fiona Knighton, on Tel: 01294 324313 11
APPENDIX 1 RECOMMENDATION FOR PLANNING APPLICATION REF NO 17/01079/PP Grant subject to the following conditions:- 1. That the operation of the tyre fitting and car wash/valet centre hereby approved shall discontinue on or before 6th December 2018 unless North Ayrshire Council as Planning Authority gives written consent to any variation. 2. That the use hereby approved, shall not operate outwith the hours of 0900 to 1600 on Monday to Friday and 0900 to 1400 on Saturday, unless North Ayrshire Council gives written consent to any variation. 3. That all works in connection with tyre fitting shall take place within the existing building, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority. 4. That prior to the operation of the tyre fitting and car wash/valet centre hereby approved, full details of the proposed parking layout shall be submitted for consideration and approval in writing by North Ayrshire Council as Planning Authority. Thereafter, the layout as may be approved shall be implemented throughout the operation of the centre, to the satisfaction of North Ayrshire Council as Planning Authority. The reason(s) for the above condition(s) are:- 1. In recognition of the temporary nature of the development. 2. In the interest of the amenity of the area. 3. In the interest of the amenity of the area. 4. To meet the requirements of North Ayrshire Council as Roads Authority. Reason(s) for approval: 1. The proposal complies with the relevant provisions of the Local Development Plan and there are no other material considerations that indicate otherwise. 12
Appendix: Location Plan 13
NORTH AYRSHIRE COUNCIL Agenda Item 4 Planning Committee 6 December 2017 Title: Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997: Site to West of Eglinton House, Kilwinning Purpose: To seek authority to serve a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 requiring cessation of the use of the for siting of a storage container at Site to West of Eglinton House, Kilwinning, also known as Ground at Garden Cottage, Eglinton, Kilwinning Recommendation: Agree that authority to serve a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 requiring cessation of the use of the for siting of a storage container at Site to West of Eglinton House, Kilwinning, also known as Ground at Garden Cottage, Eglinton, Kilwinning. 1. Executive Summary 1.1 A storage container has been sited on land to the west of Eglinton House, Kilwinning. The container is located in a wooded area north of the access road from Irvine Road, Kilwinning to Eglinton House. The container is approx. 60m west of Eglinton House and approx. 20m east of the junction of the road with the access to the property known a Weirston House. The container is within land also known as Ground at Garden Cottage, Eglinton, Kilwinning. 1.2 The site is located within the countryside, as identified in the Adopted North Ayrshire Local Plan (LDP). The site is also part of the designated Historic Garden and Designed Landscape of Eglinton Castle. The container was placed on the land some time after 3rd March 2015 for the storage of materials involved with management of the woodland. This was done as development not requiring planning permission on the basis that the container would be removed by the end of Summer 2015. The container was not removed and has been on site, to date, for up to 21 months. 14
1.3 The siting of the storage container is considered to constitute development requiring planning permission, because its siting has changed the use of the land on which it is sited, has altered the physical characteristics of the site and has a degree of permanence. The development is considered to have an adverse impact on the local area by way of its siting, design and appearance. The site is located within the countryside and a designed garden. It is prominently located on an access road to residential properties and Eglinton Country Park. The siting of the storage container is held to adversely affect the designed landscape. The siting of the storage container is also not considered necessary development associated with forestry operations or another established rural business. The development is therefore held to be contrary to Policy ENV1: New Development in the Countryside; Policy HE5: Historic Landscapes and; the General Policy of the LDP. 1.4 Given the above and in particular the negative visual impact of the unauthorised development on the area, it is recommended that authority for the service of a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997, as amended, (an "Enforcement Notice") be approved. An Enforcement Notice would require cessation of the use of the land for siting of the storage container. The Enforcement Notice would take effect not less than 35 days from the date on which it is served, unless an appeal is lodged before it takes effect. The Enforcement Notice would require to be in full compliance within 6 weeks of the date that it takes effect. There is a right of appeal against an Enforcement Notice, but not on the grounds that planning permission ought to be granted. 2. Background 2.1 The owner of the land has been advised that the development is unauthorised. At March 2017 the owner considered that the woodland management works were ongoing. On this basis the Council requested that the container be removed by the end of August 2017. However, this action has not been done. As at the date of the Planning Committee, the development will have been in situ for approximately 21 months with no prospect of it being removed. 15
2.2 The Council's LDP policies require development to be assessed in terms of its siting, design and appearance; its effect on Historic Gardens and Designed Landscapes; and any requirement to be sited in the countryside. The General Policy of the LDP sates that siting of development should have regard to its visual effect on the surrounding area. It is considered that the development has an incongruous appearance in the woodland and a negative visual impact on the area. The development is out of keeping with the countryside location. The development is also considered to adversely affect the designed landscape of Eglinton Castle and it is not considered necessary development associated with an associated forestry operation or other established rural business. The development is therefore contrary to Policy ENV1, Policy HE5 and criterion (a) of the General Policy of the LDP. 2.4 The development has been undertaken within the last 10 years without the necessary planning permission. The development has a negative visual impact on the area which is both countryside and part of a designed landscape. It is contrary to Policy ENV1, Policy HE5 and criterion (a)criterion (a) of the General Policy of the LDP 3. Proposals 3.1 In the interest of visual amenity it is recommended that Committee approves the service of a Notice under Section 127 of the Town and Country Planning (Scotland) Act 1997 to require the following:- i) Removal of the storage container from the land. 16
4. Implications Financial: The Council can take direct action against non-compliance with an enforcement and seek any costs incurred from the land owner or lessee. Human Resources: N/A Legal: The proposed Enforcement Notice is in accordance with Statutory Regulations. Non-compliance with such a Notice is an offence and the Council, as Planning Authority, could report such an offence to the Procurator Fiscal. Equality: N/A Environmental & N/A Sustainability: Key Priorities: The proposed Enforcement Notice supports the Council Plan priority - "Protecting and enhancing the environment for future generations." Community Benefits: N/A 5. Consultation 5.1 Finance and Corporate Support has been advised of the report in terms of its budgetary provision. KAREN YEOMANS Executive Director (Economy and Communities) Reference : 17/00033/COUB For further information please contact Iain Davies on 01294 324320 Background Papers 0 17
Appendix: Location Plan 18