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Agenda Document Pack - Local Review Body - 30/10/2024

North Ayrshire Council · 30 October 2024
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE         
Local Review Body 
A Meeting of the Local Review Body of North Ayrshire Council will be held in the
Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on
Wednesday, 30 October 2024 at 14:00 to consider the undernoted business. 
Meeting Arrangements - Hybrid Meetings
This meeting will be held on a predominantly physical basis but with
provision, by prior notification, for remote attendance by Elected
Members in accordance with the provisions of the Local Government
(Scotland) Act 2003.  Where possible, the meeting will be live-streamed
and available to view at https://north-ayrshire.public-
i.tv/core/portal/home.   
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
The accuracy of the Minutes of the meeting held on 28 August 2024 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 Notice of Review: 24/00417/PP: 30 Bank Street, Irvine KA12 0AD
Submit report by the Head of Democratic Services on a Notice of Review
submitted by the applicant in respect of a planning appeal refused by
officers under delegated powers (copy enclosed). 
4 Urgent Items
Any other items which the Chair considers to be urgent.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
Webcasting  
Please note: this meeting may be filmed/recorded/live-streamed to the
Council's internet site and available to view at https://north-ayrshire.public-
i.tv/core/portal/home, where it will be capable of repeated viewing.  At the
start of the meeting, the Provost/Chair will confirm if all or part of the
meeting is being filmed/recorded/live-streamed.  
You should be aware that the Council is a Data Controller under the Data
Protection Act 2018.  Data collected during the webcast will be retained in
accordance with the Council’s published policy, including, but not limited
to, for the purpose of keeping historical records and making those records
available via the Council’s internet site.  
Generally, the press and public will not be filmed. However, by entering the
Council Chambers and using the press or public seating area, you
acknowledge that you may be filmed and that any information pertaining to
you contained in the video and oral recording of the meeting will be used
for webcasting or training purposes and for the purpose of keeping
historical records and making those records available to the public. In
making this use of your information the Council is processing data which is
necessary for the performance of a task carried out in the public interest.  
If you have any queries regarding this and, in particular, if you believe
that use and/or storage of any particular information would cause, or be
likely to cause, substantial damage or distress to any individual, please
contact dataprotectionofficer@north-ayrshire.gov.uk 
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
Local Review Body Sederunt 
Robert Foster (Chair)
Cameron Inglis (Vice-Chair)
Scott Davidson
Stewart Ferguson
Amanda Kerr
Davina McTiernan
Jim Montgomerie
Ian Murdoch
Chloe Robertson
Ronnie Stalker 
Chair: 
Apologies: 
Attending: 
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Local Review Body
28 August 2024
At a Meeting of the Local Review Body of North Ayrshire Council at 3.20 p.m.
involving a combination of participation by remote electronic means and physical
attendance within the Council Chambers, Irvine. 
Present (Physical Participation)
Robert Foster, Stewart Ferguson and Cameron Inglis. 
Present (Remote Participation)
Davina McTiernan. 
In Attendance
A. Hume, Senior Development Management Officer (Planning) (Communities and
Housing); R. Lynch, Senior Manager and C. Leslie, Solicitor (Legal Services); and
S. Wilson and C. Stewart, Committee Services Officers (Democratic Services)
(Corporate Services). 
Chair
Councillor Foster in the Chair. 
Apologies
Scott Davidson, Jim Montgomerie, Ian Murdoch, Ronnie Stalker and Chloé
Robertson. 
1. Declarations of Interest 
There were no declarations of interest by Members in terms of Standing Order 11
and Section 5 of the Code of Conduct for Councillors. 
2. Minutes 
The Minutes of the Meeting held on 24 April 2024 were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
3. Notice of Review: 24/00288/PP: Site to South of Highthorne Cottage,
West Kilbride 
Submitted report by the Head of Democratic Services on a Notice of Review by the
applicant in respect of a planning application refused by officers under delegated
powers. The Notice of Review documentation, Representations received from
interested parties, Comments from applicant on further representations received,
Planning Officer’s Report of Handling, Location Plan and Planning Decision Notice,
were provided as appendices to the report.
Agenda Item 2
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Officers responded to Members’ questions and following discussion, Councillor
Foster, seconded by Councillor McTiernan, moved that the Local Review
body uphold the officer’s decision to refuse the application for the reasons outlined in
the Decision Notice.  
Councillor Inglis, seconded by Councillor Ferguson, moved to refuse the officer’s
decision and grant permission for the application.  
In terms of Standing Order 6.8, the Chair agreed that the meeting be adjourned at
3.00 p.m. for a short recess, to seek Legal advice. The meeting reconvened at 3.05
p.m. with the same Members and officers present and in attendance.  
The Senior Manager (Legal Services) confirmed to the Committee, that in terms of
Standing Order 19.6 a casting vote could be exercised by the Chair.  The Chair
exercised the casting vote and the motion was declared carried. 
Accordingly, the Committee agreed to uphold the officer’s decision to refuse the
application for the reasons outlined in the Decision Notice.   
The meeting ended at 3.10 p.m. 
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home 
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7 
NORTH AYRSHIRE COUNCIL 
30 October 2024 
Local Review Body
Title: Notice of Review: 24/00417/PP: 30 Bank Street, Irvine KA12 0AD
Purpose: To submit, for consideration of the Local Review Body, a Notice of
Review by the applicant in respect of a planning application
refused by officers under delegated powers.
Recommendation: That the Local Review Body considers the Notice of Review. 
1. Executive Summary 
1.1 The Town and Country Planning (Scotland) Act 1997, as amended by the Planning
(Scotland) Act 2006, provides for certain categories of planning application for "local"
developments to be determined by appointed officers under delegated powers. Where
such an application is refused, granted subject to conditions or not determined within
the prescribed period of 2 months, the applicant may submit a Notice of Review to
require the Planning Authority to review the case. Notices of Review in relation to
refusals must be submitted within 3 months of the date of the Decision Notice. 
2. Background 
2.1 A Notice of Review was submitted in respect of Planning Application 24/00417/PP:
Applying for a change of use from a Class1 to Class 6. Originally an indoor market,
now with to install Storage Unit Facility within the building. 
2.2 The application was refused by officers for the reasons detailed in the Decision
Notice.
2.3 The following related documents are set out in the appendices to the report:
Appendix 1 - Notice of Review documentation;
Appendix 2 - Report of Handling;
Appendix 3 - Location Plan; and
Appendix 4 - Planning Decision Notice.
3. Proposals 
3.1 The Local Review Body is invited to consider the Notice of Review.
Agenda Item 3
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4. Implications/Socio-economic
Duty Financial
4.1 None arising from the recommendation of this report. 
Human Resources 
4.2 None arising from the recommendation of this report. 
Legal 
4.3 The Notice of Review requires to be considered in terms of the Town and Country
Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2006, and
the Town and Country Planning (Schemes of Delegation and Local Review
Procedure) (Scotland) Regulations 2013.
Equality/Socio-economic 
4.4 None arising from the recommendation of this report.
Environmental and Sustainability
4.5 None arising from the recommendation of this report. 
Key Priorities 
4.6 None arising from the recommendation of this report. 
Community Benefits 
4.7 None arising from the recommendation of this report. 
5. Consultation 
5.1 Interested parties (both objectors to the planning application and statutory consultees)
were invited to submit representations in terms of the Notice of Review and no further
representations were received. 
Craig Hatton
Chief Executive 
For further information please contact Shannon Wilson, Committee Services Officer, at
shannonwilson@north-ayrshire.gov.uk.
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Page 1 of 5
Cunninghame House Friars Croft Irvine KA12 8EE Email: eplanning@north-ayrshire.gov.uk
Applications cannot be validated until all the necessary documentation has been submitted and the required fee has been paid.
Thank you for completing this application form:
ONLINE REFERENCE 100669968-006
The online reference is the unique reference for your online form only. The Planning Authority will allocate an Application Number when
your form is validated. Please quote this reference if you need to contact the planning Authority about this application.
Applicant or Agent Details
Are you an applicant or an agent? * (An agent is an architect, consultant or someone else acting
on behalf of the applicant in connection with this application) Applicant Agent
Agent Details
Please enter Agent details
Company/Organisation:
Ref. Number: You must enter a Building Name or Number, or both: *
First Name: * James Building Name:
Last Name: * Anderson Building Number: 
Address 1 
Telephone Number: * (Street): *
Extension Number: Address 2:
Mobile Number:  Town/City: *
Fax Number: Country: * United Kingdom
Postcode: *
Email Address: * 
Is the applicant an individual or an organisation/corporate entity? *
 Individual  Organisation/Corporate entity
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Page 2 of 5 
638973 
Evergreen Storage Solutions
Sangha
Kurunveer
Mr
Applicant Details
Please enter Applicant details 
Title: You must enter a Building Name or Number, or both: * 
Other Title: Building Name: 
First Name: * Building Number: 
Address 1
Last Name: * (Street): * 
Company/Organisation Address 2: 
Telephone Number: * Town/City: * 
Extension Number: Country: * 
Mobile Number: Postcode: * 
Fax Number:
Email Address: *
Site Address Details
Planning Authority: 
Full postal address of the site (including postcode where available):
Address 1:
Address 2: 
Address 3: 
Address 4: 
Address 5: 
Town/City/Settlement: 
Post Code: 
Please identify/describe the location of the site or sites 
Northing Easting 232241
North Ayrshire Council 
KA12 0AD
United Kingdom
Ayrshire
Irvine
Bank Street
30
30 Bank Street, Irvine KA12 0AD
The site is adjacent to East Road and Bank Street. There are 2 entrances for people to enter. One in Bank Street and the other
is in East Road. Metal shutters cover the door entrances. There are no windows in the sites footprint. The vehicular entrance is
a servitude road entering from East Road. It takes you to loading bay and parking where clients will unload or pick up their stuff.
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Page 3 of 5 
Description of Proposal
Please provide a description of your proposal to which your review relates. The description should be the same as given in the
application form, or as amended with the agreement of the planning authority: *
(Max 500 characters) 
The proposal is to to apply for a change of use from a Class1 to Class 6. It was an indoor market, that closed 12 year ago. we
now wish to install Storage Unit Facility within the building. The application was refused.
Type of Application
What type of application did you submit to the planning authority? *
 Application for planning permission (including householder application but excluding application to work minerals).
 Application for planning permission in principle.
 Further application.
 Application for approval of matters specified in conditions.
What does your review relate to? * 
 Refusal Notice.
 Grant of permission with Conditions imposed.
 No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal.
Statement of reasons for seeking review
You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement
must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a
separate document in the ‘Supporting Documents’ section: * (Max 500 characters)
Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce
all of the information you want the decision-maker to take into account.
You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at
the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that
time or that it not being raised before that time is a consequence of exceptional circumstances. 
We are seeking a review as we think the points taken that resulted in the refusal of the application were not correct. we have
added a letter into the review that shows our points of view
Have you raised any matters which were not before the appointed officer at the time the  Yes  No
Determination on your application was made? *
If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before
your application was determined and why you consider it should be considered in your review: * (Max 500 characters)
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Page 4 of 5 
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) 
Decision Notice Roads Response Letter from Roads Consultant location plan Plans showing roads and servitude lane as existing
Plans showing turning points for van Proposed plans section and details 12 photographs Servitude Letter Letter from Kurun
Application Details
Please provide the application reference no. given to you by your planning 100669968-001
authority for your previous application. 
What date was the application submitted to the planning authority? * 29/04/2024
What date was the decision issued by the planning authority? * 23/08/2024
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only, without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
By means of inspection of the land to which the review relates 
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with? (Max 500 characters)
I would like the Councillors to have a site visit to see the main stumbling block in this application. That is the existing access to the
servitude road that the people would use to unload their contents, if a van or car would have to use to get to the unloading bay at
the rear of the building. I would like to add that there is an unloading bay in Bank street, that clients could use. The specification
for the access entrance that the Roads have said have to be adhered to is an impossiblity.
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
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Page 5 of 5 
Checklist – Application for Notice of Review
Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure
to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant?. *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr James Anderson
Declaration Date: 23/09/2024 
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30 Bank Street Indoor Market 
The building has lain derelict since 2012, when the market closed down as
market trends for Indoor Markets were dying out countrywide with stall holders
leaving due to poor footfall, changing of shopping trends and on-line
purchasing. 
Brian Singh original owner tried to save market by putting in a multitude
of stalls selling their own type of goods but to no avail. He had to close down as
mentioned in previous paragraph, no footfall, market trends changing and on-
line purchases made the indoor market not a viable business.  
Over the years we looked into uses we could use the indoor market space
for. It has to be a business that didn’t rely on any window frontage.  We
considered putting in  kids play centre, ten pin bowling alley and even a go
carting alley. But due to building having a low ceiling 2.8m and lots of
structural pillars that cant be removed these were not physically possible.  
The property has also been advertised through a commercial agent but no
interest was shown. Last year we were approached by a team who would like to
hire so they could have 3/4 rave nights a year but this would not be suitable for
either parties. We ask you what can we do with this indoor space? 
We want to put the building back into use, but the property needs a huge
investment. so looked at the possibility of what we could do with the
individual units that's when the safe self storage idea came up after researching
we then realised its not as easy as it sounded we then spent time looking into
national companies that help /guide and manage project. The company that we
choose to help us complete our project are called Kuboid who are based in
Kettering, England                                                  
After several site visits & meetings, plans & costs have now been done.
The agreement we have is, if planning Permission is given, then Kuboid sees
the project, including all plans from start to finish and complies with all
Building Regulations that would be required. Due to timescale taken as project
has been refused twice total costs has increased we are already putting a huge
investment into this project. 
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Indoor storage is needed now, more than ever due to new houses having lack of
storage, people working from home, excess household items, demand for safe
document storage, people moving houses if entry dates are not same dates, local
charity shops/business /reps/companies needing to keep stock for sales. 
Project would create 4/5 jobs including manager/office staff/ fork-lift
drivers and on-site maintenance cleaners. Entire building, externally, would be
freshened up outside, painted with a colour that would blend in the 2 entrances,
in a more conservation way Both entrances from East Road & Bank Street
would have the shutters up, with new new security door -sets that will have
partial glazing in them, this way you will see the lighting on in the building
We have been working hard trying to get buildings we own leased out 
• the Clubhouse Bar which was shut in 2018 then shut during Covid for 2
years. Since then there has been 3 different tenants have tried to make it
work but they didn’t succeed and left due to hospitality difficulties At
present we are in negotiation with with a well know local business
company who have 5 other sites trading and successful in Ayrshire They
would like to operate it as a family friendly restaurant/bar
• The former restaurant upstairs has been shut for several years. In March
this year we re applied for the provisional alcohol licence for premises
hoping to sort inside & get it up and running with a suitable tenant.
•  Situated on East Road we own another empty unit which were wanting
to tidy up and lease out. Our aim is to try and get all these empty
commercial units brought up internally and external to a professionally
equipped unit so we can get them back in use. 
• We are not asking for financial aid for any of these projects. Having
stayed in Irvine area for the past 40 years we remember when East Road
and Bank Street were busy. There were no vacant units, the streets were
busy, people were happy.
• What we want is to get this application passed so we can start our wee bit
in the re-generation of the town centre, doing this without any financial
support for this application, 
Sangha Kurunveer  
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Planning Services
North Ayrshire Council
Cunninghame House
Irvine
KA12 8EE
CHANGE OF USE APPLICATION
To whom it may concern:
I think it is important that the Planning Department should know about the history of the
now closed Indoor Market at Bank Street, Irvine when deciding on this Change of Use
application.
In 1982 the ‘Sanghar’ family bought the whole of the corner site between Bank Street
and East Road.
Included in the purchase was, what was to become known as ‘Irvine Indoor Market’.
The market was a great success until 2011-12 when the trend of going to the indoor
market slumped to the extent that the family had to close it as the Stallholders and
General Public stopped using the facility to buy or sell their goods.
Since 2012 the indoor space has lay empty. The family would now like to use that
empty indoor space as a Storage facility putting in approximately 50 secured storage
units for public to use.
They have done their market survey on this new business idea and although there are 2
other storage facilities in Irvine, they are of opinion that there is a market for to open a
new ‘storage facility’ that the people of North Ayrshire would use.
The facility would need to employ initially 4 employees to run it properly. This would be
3 jobs positions needing filled as the grandson, Kurun would be managing the place.
There was an application last year that was withdrawn as the general advice the family
got from council was that the Roads Department were not happy with car-parking and
the accessing and leaving the servitude lane that leads to the back of building.
In this application we hope to have shown that a large Sprinter van can enter and go
down servitude lane go round back of building and by using front and reverse gears are
able to unload and get out of carpark
without any problem.
In the entered application I hope I have shown there are car-parking spaces around the
back and vans have the facility to go round the back and come out facing front-wards.
As for the  issue of entering and leaving the access point of the servitude lane, I have
put in the drawings a couple of options for cars entering the servitude lane coming from
the leisure centre and coming round, at the traffic lights from Bank Street..
ENTRANCE IN TO CAR-PARK AT REAR OF BUILDING:
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Firstly, there is no way you can turn LEFT into the servitude road entrance coming from
East Road, before the traffic lights, as the opening is too tight and won’t allow it.
The options we have that may or may not be approved by Roads department, but are
the only options we have, are:
OPTION 'A'
Coming from Bank Street you would halt just at the entrance to Public Car-park, indicate
right and go into entrance of Projects servitude Road when road and footpath clear.
Remembering there is a Banks man there checking that the pathway is clear of
pedestrians before you enter.
I know there may be a problem if road is busy and that the van or vehicle may hold up
traffic coming from the junction where traffic lights are. (This would be same as entering
the Leisure Facilities car par-park, but 2 car lengths more away from the Traffic lights)
OPTION 'B'
You could if circumstances allow it, turn into Public Car-park on the left and do a u-turn
in car-park so that when you leave car-par you will go straight into Projects access road
when both side of East Road are free from oncoming traffic and pedestrians.
When any of the 2 options are taken there will always be a Banksman at entrance
to open gate and direct the van/car entering or leaving the servitude lane, making
sure any pedestrians are safe.
PARKING AND UNLOADING PROPOSAL
The steel gate at start of access road to the back will be always kept open whilst the
storage facility is open to public using the storage facilities.
In addition, the owner proposes to have a booking-in system where any vans needing in
will have to book in, with a time limit of 60 to 90minutes to unload. All depending on size
of load.
As stated there will also be a banksman at the entry gate to navigate the van or cars out
of the servitude road to protect any person (s) using the adjacent footpath.
In the carpark there are parking spaces for 2 cars. One being a disability car space.
I also have put in the larger Mercedes Sprinter van. I have photos to show the van
entering and leaving the servitude road that serves me and 2 other businesses (still
operating).
These being the Snooker Club above my building and a Public bar in Bank Street where
they have been getting deliveries for more than 50 Years, around the back, delivered by
vans using servitude lane leading to our car-park
Entry to car-park for the Leisure Club. Simular to opening to entrance to car-park  at
rear of proposed Project
Difference is this has only one blind spot as you leave this car-park.and can be entered
from both side of the road.
It has the same problem as OPTION A that when you have to turn right into Public Car-
park, you have to wait till road is clear of oncoming traffic
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Although you cant quote on simular projects I would imagine this was a change of use
from
the old police station/ Morrison to a leisure centre.
ANY SOLUTION WOULD HAVE A BANKS-MAN AT ENTRY TO LET IN VAN OR CAR
INTO CAR-PARK AT THE ALLOTTED TIME THAT THEY HAVE BOOKED TO GET
INTO CAR-PARK TO UNLOAD
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Guest house
Car Park
51
EAST ROAD
It is obvious by this drawing that it not possible for us to put in a new
access that they want due to existing paths, buildings etc.
Looking at the new entrance that was m,ade for the existing Guest House
and the more recently built, Leisure centre then their access road, doesnt comply.
It has a blind corner whereas our access road has 2 blind corners,
It has the same single road access as us but is used by a great deal more people
than we would, daily or weekly
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Active Travel and Transport, Regeneration, Cunninghame House, Irvine, KA12 8EE.                                                            Page 1 of 1 
OBSERVATIONS ON PLANNING APPLICATION
NORTH AYRSHIRE COUNCIL - REGENERATION
To: ePlanning, Cunninghame House, Irvine
Application Number 24/00417 Planner Joe Thompson
Recommendation REFUSAL Regeneration
Contact Scott Jaap
Email scottjaap@north-ayrshire.gov.uk Telephone 01294 324839 
Application Details
Type of Consent Planning Permission (PP)
Applicant Mr James Anderson
Proposed Development Change of Use from Class 1 (indoor stall market)
to Class 6
Location
Market
30 Bank Street
Irvine
North Ayrshire
KA12 0AD
Drawing Number(s) Location Plan and Layout Plans
Dated 28/06/24 Date Received 28/06/24 
Comments 
Active Travel and Transport recommend refusal of this application. 
The applicant has proposed to use an existence entrance that does not meet the necessary
design specification. The applicant would be required to provide a junction suitable for a
minor commercial access, specifically up to 50 spaces that is show on Figure 5.6. within   the
Roads Development Guide. The proposal to involve a banksman and vehicle manoeuvring
within the existing council car park is not in line with the standard we aim to uphold. 
Reason(s) for Refusal 
The applicant has proposed to use an existence entrance that does not meet the necessary
design specification.           
Signed: D Hilditch Date: 05/07/24
PP LOUISE KIRK, INTERIM HEAD OF SERVICE, ECONOMIC DEVELOPMENT & REGENERATION 
Notes for intimation to Applicant  Copies To:
(i) A Construction Consent will be required by the applicant (S21)*   Roads 
(ii) A Road Bond will be required to be submitted by the applicant (S17)*   Roads Lighting 
(iii
)
A Road Opening Permit will be required by the applicant (S56)*    
* Relevant Section of the Roads (Scotland) Act 1984   
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SERVITUDE ROAD 
EXISTING ACCESS INTO AND LEAVING SERVITUDE ROAD: 
WHAT THE ROADS DEPARTMENT WANT US TO DO WITH EXISTING
ACCESS TO COMPLY WITH ROADS DEVELOPMENT 
THIS IS THE EXISTING
ACCESS TO AND FROM
THE SERVITUDE LANE
GIVING ACCESS TO THE
REAR  OF THE PROPERTY
THIS IS ACCESS FOR NEXT
DOORS GUESTHOUSE AND
THE LEISURE CENTRE
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PLAN SHOWING HOW ROADS REQUEST ISN'T POSSIBLE 
The servitude road has been used daily since the building was built.
Still using the servitude road today are: 
• The snooker club above the indoor-market uses it for the deliveries
of its kegs of beer, food and cleaning products as well as being
named in the buildings fire- escape policy as an escape route, in the
event of an emergency 
• There are 6-7 commercial businesses, including Pitchers and Bar-
sport and of course our 3 commercial units when we get Tenants for
them, will have the servitude road as part of their Fire Escape
Strategy 
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Future users of the Servitude Road, when units are Tenanted: 
• I would like to point out that the Restaurant and Public Bar when
they are refurbished were Class 1, but now come under Class 3 and
will be using the access road for their deliveries, as before, without
the need for a Change of Use application, (I think, but am not really
100% on this)   
• If the Indoor-market was to be re-opened we wouldn't have needed
to apply for Change of Use. It would mean the access road would be
used daily by the stall holders (50 or more), all day to bring in and
out their goods at all times of the day. 
• You have put down that the building needs up to 50 car-parking
spaces. The building wont be requiring that amount.
Due to our requiring the Clients having to call and book an 
unloading /collection time spot before the Client can come and
unload their goods the car parking facilities will only be putting in 3
spaces, one a DDA space for disabled.
If they come by van you only have your allotted time space to
unload and leave 
• We have demonstrated, with the photos that it is possible to driver
the largest Sprinter vans down access road. 
Sangha Kurunveer  
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Guest house
51
EAST ROAD
It is obvious by this drawing that it not possible for us to put in a new
access that they want due to existing paths, buildings etc.
Looking at the new entrance that was m,ade for the existing Guest House
and the more recently built, Leisure centre then their access road, doesnt comply.
It has a blind corner whereas our access road has 2 blind corners,
It has the same single road access as us but is used by a great deal more people
than we would, daily or weekly
It is impossible to add a 2m verge onto existing pathway.
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REPORT OF HANDLING 
Reference No:   24/00417/PP
Proposal: Change of Use from Class 1 (indoor stall market)
to Class 6  
Location: Market, 30 Bank Street, Irvine, North Ayrshire
KA12 0AD
----------------------------------------------------------------------------------------------------------------
LDP Allocation: Town Centre/Retailing
LDP Policies: SP1T - Towns and Villages Objective / SP2 -
Strategic Policy 2 / Detailed Policy 3 - Town
Centres/Retail / Detailed Policy 9 - Conservation
Areas / 
----------------------------------------------------------------------------------------------------------------
Consultations:   Yes 
Neighbour Notification: Neighbour Notification carried out on 01.07.2024 
Neighbour Notification expired on 22.07.2024 
Advert: Not Advertised  
----------------------------------------------------------------------------------------------------------------
Previous Applications: None 
Appeal History Of Site:         
Relevant Development Plan Policies 
SP1T - Towns and Villages Objective 
SP2 - Strategic Policy 2 
Detailed Policy 3 - Town Centres/Retail 
Detailed Policy 9 - Conservation Areas 
The LDP can be viewed at the link below. 
LDP November 2019 
NPF4 can be viewed at the link below
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24/00417/PP 
National Planning Framework 4 - gov.scot (www.gov.scot) 
Description 
Planning permission is sought for the change of use from Class 1 (indoor stall
market) to Class 6 at 30 Bank Street, Irvine. 
The site was previously used as an indoor market from 1982 to 2012. It has been
vacant since its closure in 2012. It is proposed to use the indoor space as a self-
storage facility with approx. 50 secure storage units for public use. The proposed
use would require 4 employees. 
There would be pedestrian accesses to the site from both East Road and Bank
Street. Vehicular access to the space is proposed to the rear via a "servitude road"
off East Road. 2 no. car parking spaces would be provided within the yard area to
the rear of the building. 
There was a previous application (ref. 23/00008/PP) for change of use from indoor
market to self-storage facilities. The application was withdrawn due to issues
involving the proposed vehicular access to the site from East Road. The current
application was preceded by discussions with the Council's Roads department about
this matter. It is noted in the submitted documents that the access from East Road is
too tight and does not allow for access to the "servitude road" by turning left from
East Road. The applicant proposes 2 no. options for vehicular access to the rear of
the building for drop-off/pick-up arrangement for the self-storage units. The first
option is to use a banksman that would open the gate at the East Road access to
allow vehicles to enter/leave and to ensure that no pedestrians are on the footpath.
The second option is for vehicles to use the public car park on the opposite side of
East Road to manoeuvre and then exit the car park  allowing for a more direct path
to the "servitude road" access. A "booking-in" system is proposed and vans will have
an allocated time for drop-off/pick-ups. 
In terms of the Adopted Local Development Plan (LDP), the application site is
located within Irvine Town Centre and Irvine Town Centre Conservation Area.
Therefore, the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy)
applies. The application requires to be considered in terms of Strategic Policy 2
(Placemaking), Policy 3 (Town Centres and Retail), and Policy 9 (Preserving and
Enhancing our Conservation Areas). 
National Planning Framework 4 (NPF4) is also relevant to the consideration of the
application since this is part of the development plan. The most relevant policies in
this case are Policy 7 (Historic assets and places), Policy 14 (Design, quality and
place), and Policy 27 (City, town, local and commercial centres). 
Consultations and Representations 
Neighbour notification was conducted for this application in accordance with
statutory procedures. No representations were received in response to the
application. 
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24/00417/PP
Consultations: 
NAC Active Travel and Transport (Roads) - refusal of the application is
recommended. The applicant proposes to use an existing entrance that does not
meet the necessary design specification. The applicant needs to provide a junction
suitable for a minor commercial access, specifically up to 50 spaces that is show on
Figure 5.6. within the Roads Development Guide. The proposal to involve a
banksman and vehicle manoeuvring within the existing council car park is not in line
with the standard we aim to uphold. 
Response: noted. See Analysis section below. 
Analysis 
In terms of the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy)
of the LDP, we will support (in principle), development proposals within our towns
and villages that: 
a) Support the social and economic functions of our town centres by adopting a
town centre first principle that directs major new development and investment to
town centre locations as a priority including supporting town centre living. 
The proposed change of use is for the re-use of an existing ground floor space
within Irvine town centre as a self-storage facility. Given the town centre location, it
is not considered that the principle of the proposed change of use is acceptable due
to the loss of a retail (or equivalent) opportunity to a use that does not require a town
centre site. In terms of NPF4, it is not considered that the proposed development
raises any strategic planning issues at a national or regional level. However, the
application still requires to be considered in terms of the relevant policies of the
development plan. These are considered below. 
LDP Policy 3 (Town Centres and Retail) supports a wide range of uses within North
Ayrshire's town centres. Similarly, NPF4 Policy 29 (City, town, local and commercial
centres) supports development proposals that enhance and improve the vitality and
viability of city, town and local centres, including proposals that increase the mix of
uses. It is not considered that the proposed change of use would "enhance and
improve the vitality and viability" of Irvine town centre. Storage uses tend not to
generate footfall and at this location it is considered that the loss of a retail frontage
would harm the town centre and undermine the town centre first principle. 
The stated purpose of LDP Strategic Policy 2 on Placemaking is to ensure "all
development contributes to making quality places." The policy also seeks to
"safeguard, and where possible enhances environmental quality through the
avoidance of adverse environmental or amenity impacts." Similarly, the policy intent
of NPF4 Policy 14 (Design, quality and place) is to "encourage, promote, and
facilitate well designed development that makes successful places by taking a
design-led approach and applying the Place Principle." The application also requires
to be considered in terms of LDP Policy 9 (Preserving and Enhancing our
Conservation Area) and NPF4 Policy 7 (Historic assets and places) which require
the impact of the proposed change of use on the surrouding conservation area to be
considered. 
No external alterations are proposed to the East Road or Bank Street elevations of
the building. Therefore, there would be no visual impacts to the surrounding area
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24/00417/PP
from the proposed change of use. Therefore, it is considered that the character and
appearance of Irvine Town Centre Conservation Area would be preserved, albeit
there would be less activity associated with the proposed use as compared with the
previous use. Whilst the proposed self-storage facility would allow for the reuse of
the former indoor market space that has been vacant since 2012, it is not agreed
that this would be an appropriate use within a town centre location and especially at
street level given the loss of an active frontage. In addition, as noted in the
consultations section of the report, the proposed vehicular access arrangements for
the self-storage facility are not supported by the Council's Active Travel and
Transport (AT&T) section. The site would be well connected for those walking,
cycling, wheeling, and using public transport. However, it is recognised given the
nature of the proposed self-storage use that the primary users of the site would be
travelling to and from the site by car or van. The applicant has provided two options
for vehicular access to the site. However, neither of these options are supported by
the Council's AT&T section on grounds of traffic safety. One involves the use of a
banksman to guide traffic in and out of the narrow access. Ther other involves the
use of a public car park as a 'wating area' - which the applicant has no right to use
for this purpose. Neither option appears to be practical nor sustainable in the longer
term. 
Given the limitations of the site in terms of its vehicular access arrangements, and
the lack of support from the Council's AT&T section, it is not considered that the site
is suitable for the proposed change of use to self-storage facilities. On traffic
grounds, such a use would likely be better suited to an area allocated for business
and industry with more appropriate access arrangements. 
It should also be noted that given the existing Class 1A use of the site, there are a
wide range of permitted uses for the space that are suitable for the town centre
location and do not require a change of use. Other forms of commercial use may
also be possible that are more suited to a town centre location than a Class 6 use. It
should be noted that the statutory purpose of planning is to manage the
development and use of land in the long-term public interest. With this in mind, it is
not considered that the proposed change of use would be in the best interests of
Irvine town centre given the potential for alternative uses which would be more
suited to a town centre location. 
Therefore, based on the above observations, it is not considered that the proposed
change of use accords with the relevant policies of the development plan and there
are no other material considerations to indicate otherwise. Therefore, planning
permission should be refused. 
Decision 
Refused 
Case Officer - Mr Joe Thompson
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24/00417/PP 
Appendix 1 - Drawings relating to decision 
Drawing Title  Drawing Reference 
(if applicable)
Drawing Version
(if applicable)
Location Plan 001   
Proposed Floor Plans 002   
Block Plan / Site Plan 003   
Block Plan / Site Plan 004   
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