Agenda Document Pack - Local Review Body - 21/05/2025
North Ayrshire Council · 21 May 2025
Back to Local Review Body — 21 May 2025 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, 21 May 2025 at 14:15 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 22 January 2025 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: 24/00775/PP: Site to West of Dunora Pier Road, Fairlie 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 22 January 2025 At a Meeting of the Local Review Body of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Cameron Inglis, Stewart Ferguson, Chloé Robertson, and Ronnie Stalker. Present (Remote Participation) Scott Davidson, Davina McTiernan, and Jim Montgomerie. In Attendance A. Finlayson, Senior Manager; and A. Gemmell, Strategic Planning Manager (Planning) (Communities and Housing); R. Lynch, Senior Manager and C. Leslie, Solicitor (Legal Services); and C. Cheung, Digital Media & Marketing Analyst (Communications) and S. Wilson, Committee Services Officer (Democratic Services) (Corporate Services). Apologies Robert Foster, Amanda Kerr, and Ian Murdoch. Chair Councillor Inglis in the Chair. 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 30 October 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: 24/00454/PP: 6 Torr Righe, Shiskine, Brodick, Isle Of Arran KA27 8HD Submitted a 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, Planning Officer’s Report of Handling, Location Plan and Planning Decision Notice, were provided as appendices to the report. The Committee unanimously agreed a site visit was not required and following Officers’ response to questions and further discussion, Councillor Inglis, seconded by Councillor Montgomerie moved to uphold the Officers’ decision to refuse planning permission. There being no amendment, the motion was carried. The meeting ended at 3.35 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home Agenda Item 2 5
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NORTH AYRSHIRE COUNCIL 21 May 2025 Local Review Body Title: Notice of Review: 24/00775/PP: Site to West of Dunora Pier Road, Fairlie 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 24/00775/PP: Site to West of Dunora Pier Road Fairlie for change of use of beach to form private deck areas (retrospective). 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 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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North Ayrshire Co u rrdl Cc.n•h1!r:la io raclid Air a uatr Cunninghame House Friars Croft Irvine KA12 BEE 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 The on line 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) Agent Details Please enter Agent details D Applicant IZIAgent Company/Organisation: [_N_/ A _________________________________ � Ref. Number: [ N-1-24-00775-PP First Name:. [_ P_a_tr_ic_k _____ __ ___ � Last Name:* �[ _M_c _e_v_o_y ________ � Telephone Number:• [ Extension Number: Mobile Number: Fax Number: You must enter a Building Name or Number, or both: * Building Name: Building Number: Address 1 (Street):• Address 2: Town/City:• Country:• Postcode:• 38 ronaldsay street glasgow city of G22 7AR Email Address: • Is the applicant an individual or an organisation/corporate entity? •IZ] Individual D Organisation/Corporate entity Page 1 of 5 9
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Declare - Notice of Review I/We the applicanUagent certify that this is an application for review on the grounds stated. Declaration Name: Patrick McEvoy Declaration Date: 22/04/25 Page 5 of 5 13
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We continually clean the beach, have removed two extremely damaged hulls, which had been left for years and had become dangerous for the younger children, to make the beach a cleaner and safer area for all. Fairlie Beach is a beautiful place, we took the beauty of the surroundings into account when the Deckings were constructed. They are built from Natural Timber and are of Natural Colour as to merge with the surroundings and not to "stick out like sore thumbs" so to speak. Nobody has every complained previously to us, in fact all we have had is compliments, on the build and quality. We therefore kindly request that you reconsider our request for Planning Permission (Retrospective). Yours sincerely Dunora Owners Association c/o Patrick Mcevoy 15
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REPORT OF HANDLING Reference No: 24/00775/PP Proposal: Change of use of beach to form private deck areas (Retrospective) Location: Site To West Of Dunora, Pier Road, Fairlie, North Ayrshire ---------------------------------------------------------------------------------------------------------------- LDP Allocation: Open Space LDP Policies: SP1T - Towns and Villages Objective / SP2 - Strategic Policy 2 / ---------------------------------------------------------------------------------------------------------------- Consultations: Yes Neighbour Notification: Neighbour Notification carried out on 08.11.2024 Neighbour Notification expired on 29.11.2024 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: None Relevant Development Plan Policies SP1T - Towns and Villages Objective SP2 - Strategic Policy 2 The LDP can be viewed at the link below. LDP November 2019 NPF4 can be viewed at the link below National Planning Framework 4 - gov.scot (www.gov.scot) 16
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24/00775/PP Description Planning permission is retrospectively sought for change of use of beach to form private deck areas at a site to west of Dunora, Pier Road, Fairlie. The decking has been constructed on the beach, to the front of Dunora house which consists of several apartments that face towards the Firth of Clyde to the west. The application form states that the decking was installed on land owned by Largs Marina. The development consists of 3 no. sections of decking projecting from the beach stone wall that runs along the rear ofthis stretch of beach. Seating areas have been installed onto the decking area. The application site consists of a section of beach to the west of Pier Road/Allanton Park Terrace in Fairlie. The beach is characterised by a stone wall that runs along the rear of the beach with steps leading down from the adjacent public roads. Residential properties front onto the beach area, including Dunora house to which the decking is associated. In terms of the Adopted Local Development Plan (LDP), the application site is located within the General Urban Area of Fairlie. Therefore, the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) applies. The application also needs to be considered in terms of Strategic Policy 2 (Placemaking). 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 policy in this case is Policy 14 (Design, quality and place). Consultations and Representations Neighbour notification was conducted for this application in accordance with statutory procedures. Five objection comments were received in response to the application. The points raised are summarised below. 1. The beach belongs everyone and should not be used or claimed as private property. Response: noted. The merits of the application are considered in the Analysis section below. 2. Concerns regarding the impact of noise and antisocial behaviour on neighbouring residents from the use of the decking. Response: noted. The merits of the application are considered in the Analysis section below. While this concern is acknowledged, it is also recognised that the beach can be used by anyone at any time of day. It is not considered that the decking installed would result in any significant increase in noise or antisocial behaviour. 3. Concerns regarding the setting of a precedent for future development and claiming of the beach for private use. 17
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24/00775/PP Response: The granting of planning permission does not set a precedent for future development. Each application is considered on its merits. The merits of the current application are considered in the Analysis section below. 4. The decking is visually intrusive and does not fit in with the traditional stone walling in the surrounding area. Response: The siting, design, and appearance of the decking in the surrounding beach context is considered in the Analysis section below. Consultations: NAC Flooding - While the application site is at flood and erosion risk from the sea, the use of the private deck areas on an existing beach is unlikely to increase the number of people at flood risk. Given this, NAC Flooding has no objection to the proposed change of use. However, given the temporary nature of the construction of the private deck areas and because they will become increasingly exposed to flood and erosion risk through time, permission may only be appropriate for a limited amount of time. Response: The comments from Flooding are noted. The objection comment referencing previous structures washing into the burn and causing flooding issues is also noted. It is agreed that these structues would be exposed to flood risk and erosion. It is not considered that a temporary permission would be appropriate. Analysis In terms of the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy), new non-residential proposals will be assessed against policies of this LDP that relate to the proposal. In principle, we will support development proposals within our towns and villages that recognise the value of out built and natural environment by embedding placemaking into our decision making. The application therefore needs to be considered in terms Strategic Policy 2 (Placemaking). In terms of NPF4, it is not considered that the proposed development raises any strategic planning issues at a national or regional level. The relevant NPF4 policy in this case is Policy 14 (Design, quality and place). LDP Strategic Policy 2 (Placemaking) and NPF4 Policy 14 (Design, quality and place) will be considered below. The stated purpose of 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." Located on a section of beach to the west of Pier Road/Allanton Park Terrace and behind the beach wall, the decking is not readily visible from the public road. However, from the beach itself, the decking is visually prominent due to its timber construction in contrast to the stone built wall that runs along the entre stretch of the 18
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24/00775/PP beach. This section of beach is characterised by this stone wall with stone steps providing access from the adjacent public roads. It is considered that the timber construction of the decking and its siting is out of keeping with the character and appearance of the beach to detriment of its amenity. It is noted that from the application form that under the decking there are sharp and uneven rocks and that the decking was installed to provide adequate sit-down space and an even surface for chairs to allow elderly tenants to sit down comfortably. However, it is also noted from historic photos that temporary structures such as tables and chairs have been sited on the public road area and within the front gardens of properties on Allanton Park Terrace. This arrangement is considered more appropriate than a permanent structure on the beach. Overall, it is not considered that the siting, design, or appearance of the decking is appropriate and, based on the above observations, the proposed change of use does not accord with the relevant policies of the development plan. There are no other material considerations to indicate otherwise. Therefore, planning permission should be refused. 19
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24/00775/PP Decision Refused Case Officer - Mr Joe Thompson 20
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24/00775/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan 21
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Yvonne Baulk : Head Of Service (Housing & Public Protection) No N/24/00775/PP (Original Application No. N/100687374-001) REFUSAL OF PLANNING PERMISSION Type of Application: Local Application TOWN AND COUNTRY PLANNING (SCOTLAND) ACT, 1997, AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 To : Dunora Owners Association c/o Patrick Mcevoy Ronaldsay 38 Ronaldsay Street Glasgow United Kingdom G22 7AR With reference to your application received on 5 November 2024 for planning permission under the above mentioned Acts and Orders for :- Change of use of beach to form private deck areas (Retrospective) at Site To West Of Dunora Pier Road Fairlie Largs North Ayrshire North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission on the following grounds :- 1. The proposed change of use would be contrary to the aims of the Adopted Local Development Plan in terms of Strategic Policy 2 (Placemaking) and National Planning Framework 4 in terms of Policy 14 (Design, quality and place). The siting and timber construction of the decking installed is not in keeping with the character and appearance of the beach and harms visual amenity. Dated this : 23 January 2025 A Finlayson Chief Planning Officer (See accompanying notes) 23
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006. TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND) REGULATIONS 2013 – REGULATION 28 Yvonne Baulk : Head Of Service (Housing & Public Protection) FORM 2 1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in respect of the proposed development, or to grant permission or approval subject to conditions, the applicant may require the planning authority to review the case under section 43A of the Town and Country Planning (Scotland) Act 1997 within three months from the date of this notice. The notice of review should be addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North Ayrshire, KA12 8EE. 2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner of the land may serve on the planning authority a purchase notice requiring the purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country Planning (Scotland) Act 1997. 24