Kilbirnie, Stoneyhold Reports and Apps 1 - 4
North Ayrshire Council · 8 June 2022
Back to Local Review Body — 8 June 2022 and its agenda
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NORTH AYRSHIRE COUNCIL 8 June 2022 Local Review Body Title: Notice of Review: 21/01036/PP - 48 Stoneyholm Road, Kilbirnie 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 21/01036/PP - 48 Stoneyholm Road, Kilbirnie for the formation of dormer windows to the front and rear of detached dwelling house at that address. 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.
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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 Angela Little, Committee Services Officer, on 01294 324132. Background Papers 0
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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 100490994-002 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: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity Ayrshire Architecture Ayrshire Architecture United Kingdom Irvine Appendix 1
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Page 2 of 5 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 Mr 48 STONEYHOLM ROAD Colin North Ayrshire Council Clark Stoneyholm Road 48 KILBIRNIE KA25 7JS KA25 7JS Scotland 654786 Kilbirnie 232013
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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) 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. 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) Formation of dormer windows to front and rear of detached dwelling house We are seeking a review of the Planning Authority's decision because we think that the application does accord with the current North Ayrshire Local Plan requirements and have outlined why in the attached supporting statement
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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) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * 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 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 If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) supporting statement 21/01036/PP 18/02/2022 22/10/2021
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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 Ayrshire Architecture Declaration Date: 17/05/2022
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed Attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie May 2022 Application for Notice of Review to Local Review Body for Proposed attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie for Mr & Mrs Clark Application Ref No: 21/01036/PP
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed Attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie May 2022 INDEX 1 Introduction 2 Reason for Refusal and Responses 3 Photographs 4 Summary
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed Attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie May 2022 1 Introduction 1.1 Mr & Mrs Clark instructed Ayrshire Architecture to prepare drawings and submit the necessary applications for the proposed attic conversion with dormer extension and associated alterations at 48 Stoneyholm Road, Kilbirnie. 1.2 The Site The property is a detached bungalow with a pitched roof with slates and the external wall finish is wet dash render. 1.3 Application An application was submitted on 22nd October 2021 and was validated on 9th November 2021. The application reference number is 21/01036/PP and was allocated to Joseph Thomson, Assistant Planning Officer. On 9th December, Mr Thomson contacted Ayrshire Architecture regarding the possibility of using a hipped roof dormer design, similar to other local properties, and he included photographs giving examples of other properties in the local area. Following investigation, and consultation with Mr and Mrs Clark, Ayrshire Architecture replied to Mr Thomson stating that the structure and height of the existing roof did not allow the formation of pitched, hipped roof dormers and as such, could the application be determined as it was submitted. The application was refused under delegated powers on 18th February 2022.
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed Attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie May 2022 2 Reasons for Refusal and responses 2.1 Reason By reason of their size and flat roof box design, the proposed dormer windows would be contrary to the aims of the Strategic Policy 2 (Placemaking) of the adopted North Ayrshire Local Plan. The stated aim of which is to ensure all development contributes to making quality places. The policy also seeks to safeguard, and where possible enhance environmental quality through the avoidance of adverse environmental and amenity impacts. In this case, it is considered that the proposed dormers would be out of character with the design of the dwellinghouses within the street, all to the detriment of the character and amenity of the area. Response There are other examples of flat roofed dormers in Stoneyholm Road in particular and Kilbirnie in general. The photographs in paragraph three show the dormers mentioned. The dormers in Stoneyholm Road are to the rear of No 18. The others on Largs Road are on the front elevation and are in a very prominent location as you enter the town from the west. The proposed dormers in this application are of a similar style to those shown in the photographs. The height of the existing roof and pitches of the hips limit the size of any dormers and the requirement to use slates on any pitched roof dormer would mean that there would not be enough space between the side walls to make the dormers viable. Given the scale, symmetry and setting of the proposed dormers in that they are not overly large and do not look out of place on the streetscape, it is considered they are not detrimental to the visual amenity of the area. As noted in the handling report, there were no objections from the neighbours who had been notified. The cul de sac on which No 48 is sited is off the main part of Stoneyholm Road and therefore less open to public view and this minimises any impact the dormers may have on the general area. Mr & Mrs Clark have three children, two girls and a boy. The proposals were to create a better family home and more spacious living environment. One of them has an Autism Spectrum Disorder and this proposal would help create much needed space to allow the children to have a bedroom each and allow them to be more independent.
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed Attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie May 2022 3 Photographs 3.1 Photographs show examples of flat roofed dormers nearby in Stoneyholm Road and in Largs Road, Kilbirnie. 18 Stoneyholm Road, Kilbirnie Largs Road, Kilbirnie Largs Road, KIlbirnie Largs Road, KIlbirnie
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Ayrshire Architecture Chartered Architectural Technologist Application for Notice of Review to Local Review Body Proposed Attic conversion with dormer extensions at 48 Stoneyholm Road, Kilbirnie May 2022 4 Summary 4.1 The examples mentioned above, together with the photographic examples, show that the proposed dormer extensions would not be out of keeping or detrimental to the visual amenity of the area and therefore would comply with the requirements of the current North Ayrshire Local Development Plan. As a result of all the information detailed in this report, it is considered that the application should be granted consent and the refusal decision overturned by the Local Review Body.
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Appendix 2 REPORT OF HANDLING Reference No: 21/01036/PP Proposal: Formation of dormer windows to front and rear of detached dwelling house Location: 48 Stoneyholm Road, Kilbirnie, Ayrshire, KA25 7JS ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: Strategic Policy 2 / SP1 - Towns and Villages Objective / ---------------------------------------------------------------------------------------------------------------- Consultations: None Undertaken Neighbour Notification: Neighbour Notification carried out on 10.11.2021 Neighbour Notification expired on 01.12.2021 Advert: Not Advertised ---------------------------------------------------------------------------------------------------------------- Previous Applications: None Appeal History Of Site: Relevant Development Plan Policies Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy. These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity.
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21/01036/PP Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi- functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re- using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. SP1 - Towns and Villages Objective Towns and Villages Objective Our towns and villages are where most of our homes, jobs, community facilities, shops and services are located. We want to continue to support our communities, businesses and protect our natural environment by directing new development to our towns and villages as shown in the Spatial Strategy. Within urban areas (within the settlement boundary), the LDP identifies town centre locations, employment locations and areas of open space. Most of the remaining area within settlements is shown as General Urban Area. Within the General Urban Area, proposals for residential development will accord with the development plan in principle, and applications will be assessed against the policies of the LDP. New non-residential proposals will be assessed against policies of this LDP that relate to the proposal.
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21/01036/PP In principle, we will support 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. b) Provide the right new homes in the right places by working alongside the Local Housing Strategy to deliver choice and variety in the housing stock, protecting land for housing development to ensure we address housing need and demand within North Ayrshire and by supporting innovative approaches to improving the volume and speed of housing delivery. c) Generate new employment opportunities by identifying a flexible range of business, commercial and industrial areas to meet market demands including those that would support key sector development at Hunterston and i3, Irvine. d) Recognise the value of our built and natural environment by embedding placemaking into our decision-making. e) Prioritise the re-use of brownfield land over greenfield land by supporting a range of strategic developments that will deliver: o regeneration of vacant and derelict land through its sustainable and productive re-use, particularly at Ardrossan North Shore, harbour and marina areas, Montgomerie Park (Irvine) and Lochshore (Kilbirnie). o regeneration and conservation benefits, including securing the productive re- use of Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area Regeneration Scheme. f) Support the delivery of regional partnerships such as the Ayrshire Growth Deal in unlocking the economic potential of the Ayrshire region. Description Planning permission is sought for the formation of dormer windows to the front and rear of a detached dwelling house. The proposed dormer windows would facilitate the conversion of attic space to form 2 no. new bedrooms. They would have a flat roof design. Materials would consist of vertically hung slates to the dormer walls, to match with the existing roof covering to the house, and white UPVC double glazed windows. The application site is located at 48 Stoneyholm Road in Kilbirnie which consists of a detached hipped roof bungalow with attic space and garden ground to the front and rear, including access and off-street parking to the front. The attic has not previously been converted to habitable accommodation. The site fronts onto Stoneyholm Road to the west and is bounded by housing on all sides. The application site is located within the General Urban Area within the settlement boundary of Kilbirnie as identified in the Adopted Local Development Plan (LDP). Therefore, the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) applies. All applications for planning permission require to be considered in accordance with Strategic Policy 2 (Placemaking). The determination of this application was delayed from the 9th December 2021 to 8th February 2022. This was due to a request from the case officer for amendments
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21/01036/PP to the roof design of the proposed dormer windows. However, no revised drawings were received. The proposal therefore requires to be determined on the basis of the original submission. Consultations and Representations Neighbour notification was carried out for this application in accordance with statutory procedures. No representations were received in response to the application. No consultations required to be undertaken. Analysis The erection of dormer windows to a domestic dwellinghouse does not give rise to any land use policy implications and would be acceptable in principle in terms of the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy). The application therefore falls to be considered in accordance with Strategic Policy 2 (Placemaking). 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." Strategic Policy 2 (Placemaking) identifies six qualities of a successful place which all applications for planning permission are expected to meet. In this case, it is considered that the 'Distinctive', 'Safe and Pleasant', and 'Adaptable' qualities are most relevant. 'Distinctive' Located to both the front and rear roof planes of the dwellinghouse, the proposed dormer windows would be readily visible from public viewpoints on Stoneyholm Road, particularly the front dormer. There are many examples of houses in the surrounding area which have been extended by dormer windows. However, it should be noted that existing dormer windows in the surrounding area have primarily adopted either a gable fronted or hipped roof design. In this case, given the hipped roof design of the main dwellinghouse, it is considered that a similar roof design would be more appropriate than the flat roof box design as proposed. To the north of the application site, there is an example of a hipped bungalow on Stoneyholm Road, similar in design to 48 Stoneyholm Road, which has been extended to the front by a dormer window with a hipped roof design. Therefore, at the request of the case officer, amendments were sought for a revised roof design to the proposed dormer windows in line with the above observations. However, the agent advised that the structure and height of the existing roof do not allow for the formation of pitched, hipped roofs on the proposed dormers. No revised drawings were received. It is noted that due to the relatively large scale of the proposed dormers that the hipped roof, as sought by the case officer, cannot be achieved. However, it is considered that dormer windows of a smaller scale would likely allow for a hipped roof to be formed and would be a more appropriate solution in this case. The external material finishes to the dormer walls and windows would draw upon the existing slate roof and window design to the main dwellinghouse. However, it is not considered that this would outweigh the inappropriate flat roof box design of the dormer windows. Therefore, it is not considered the proposal would be distinctive in terms of the roof design of the main house and of existing dormer windows in the surrounding area. 'Safe and Pleasant'
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21/01036/PP The proposed dormer windows to the front and rear of the house would face onto the public road at Stoneyholm Road and the applicant's own rear garden ground respectively. It is not considered that the proposal would give rise to any privacy impacts to neighbours. Similarly, there would be no sunlight/daylight impacts. The proposal would increase the total number of bedrooms within the house from 3 to 4. However, there is extensive garden ground/driveway to the front and side of the house to comfortably accommodate the appropriate off-street parking arrangements for a house of this size. Therefore, there would not be any advise transport or parking impacts. Despite the above, and as considered earlier in the Analysis, it is noted that the proposal would be readily visible from public viewpoints on Stoneyholm Road (particularly the front dormer window) and that the proposed flat roof box design would be inappropriate and out of keeping with the roof design to the main dwellinghouse and existing dormer windows to neighbouring housing. It is considered that this would have a detrimental impact on the visual amenity of both the application site and the surrounding streetscape. 'Adaptable' The proposal would allow for the enlargement of the upper floor of the dwellinghouse to form 2 no. new bedrooms for the enjoyment of existing and future occupants. However, as noted above, it is considered that the proposal would be inappropriate in terms of the proposed flat roof box design, which would have a detrimental visual impact to the surrounding area. Given the above observations, it is not considered that the proposal meets the relevant qualities of a successful place as identified in Strategic Policy 2 (Placemaking). Based on the above observations, the proposal does not accord with the relevant policies of the LDP 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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21/01036/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Full Layout - Existing and Proposed 01 Proposed Elevations 01 Proposed Cross Section 03 Location Plan loc
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Appendix 3
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North Ayrshire Council Comhairle Siorrachd Ai1r a Tuath Caitriona McAuley : Head Of Service (Economic Development & Regeneration) REFUSAL OF PLANNING PERMISSION No N/21/01036/PP (Original Application No. N/100490994-001) Type of 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 : Mr Colin Clark c/o Ayrshire Architecture 2 Turnberry Wynd Irvine Ayrshire KA114DP With reference to your application received on 9 November 2021 for planning permission under the above mentioned Acts and Orders for:- Formation of dormer windows to front and rear of detached dwelling house at 48 Stoneyholm Road Kilbirnie Ayrshire KA25 7JS North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission on the following grounds :- 1. By reason of their size and flat roof 'box' design, the proposed dormer windows would be contrary to the aims of Strategic Policy 2 (Placemaking) of the adopted North Ayrshire Local Development Plan (LDP), the stated purpose of which is to ensure "all development contributes to making quality places." The policy also seeks to "safeguard, and where possible enhance environmental quality through the avoidance of adverse environmental or amenity impacts." In this case, it is considered that the proposed dormers would be out of character with the design of the dwellinghouse and neighbouring houses within the street, all to the detriment of the character and amenity of the area. Dated this : 18 February 2022 for the North Ayrshire Council (See accompanying notes) Appendix 4
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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 Caitriona McAuley : Head Of Service (Economic Development & Regeneration) 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.