Agenda Document Pack - Local Review Body - 30/10/2024
North Ayrshire Council · 30 October 2024
Back to Local Review Body — 30 October 2024 and its agenda
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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. 1
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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 2
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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: 3
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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 5
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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 6
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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 7
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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. 8
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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 9
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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. 10
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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) 11
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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 12
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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 13
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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. 14
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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 15
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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: 16
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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 17
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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 18
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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 22
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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 23
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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 24
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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 25
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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 26
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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. 29
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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 44
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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. 45
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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 46
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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 47
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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 48
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