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Morrison Court Stevenston

North Ayrshire Council · 14 June 2023
Back to Planning Committee — 14 June 2023 and its agenda

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NORTH AYRSHIRE COUNCIL
14 June 2023
Planning Committee
Title: Notice under Section 179 of the Town and Country
Planning (Scotland) Act 1997: Land at 30-44 Morrison
Court, Stevenston  KA20 4JS
Purpose: To seek approval to serve a Notice under Section 179 of the
Town and Country Planning (Scotland) Act 1997 requiring
proposed maintenance of land for the abatement of the adverse
impact on the local area.
Recommendation: That the Committee grants authority for the service of a Notice
under Section 179 of the Town and Country Planning (Scotland)
Act 1997 to abate the adverse impact on the land on the local
area.
1. Executive Summary
1.1 This report recommends the service of a Notice under Section 179 of the Town and
Country Planning (Scotland) Act 1997 (“Amenity Notice") in relation to the building and
land at 30-44 Morrison Court, Stevenston. An Amenity Notice allows the Council as
Planning Authority to serve on the owner, lessee and occupier of the land, which is
adversely affecting the amenity of any part of the area, a notice requiring steps to be
taken to abate the adverse effect of the condition of the land.
1.2 The property is a four-storey block of flats with amenity space to all sides, understood
to be owned in common with the other flats in Morrison Court. In February 2022,
Planning received a complaint regarding the condition of the area. Household furniture
items had been dumped in various places including the amenity space around this
block.  
1.3 Whilst some of the items have been cleared, further complaints have been received by
both Planning and Streetscene this year regarding the condition of the area. The
amenity space around this property has been subject to dumping with items of reuse
particularly prevalent on the land to the south of the building and in a former bin store
to the east. Windows of the entrance area on the southern ground floor elevation have
been smashed. The owners of all the flats have been written to. However, no action has
been taken in respect of these areas. 
1.4 The condition of the land is considered to have an adverse impact on amenity.

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2. Background 
2.1 The site is a four-storey flatted building. The building and associated amenity space are
some 622sqm in area. The property is on the southern side of Morrison Court, which is
a development comprising 4 blocks of flats, detached garages, parking and amenity
space. The road is the access to St John’s Primary School, Stevenston. The land is
identified in the Local Development Plan as part of the settlement of Stevenston. 
2.2 The site is on the only access to St John’s Primary School and is highly visible to visitors
to the school. The amenity ground associated with 30-44 Morrison Court adjoins the
northern boundary of the school and the site is also visible from within the school and
playground. 
2.3 Complaints about the condition of Morrison Court generally were first brought to
Planning Services in February 2022. However, it is understood complaints to other parts
of the Council have been made for several years. The site is owned by the owners of
the 44 flats on Morrison Court, being some 34 different owners. It is understood the
owners have a right in common to the amenity areas. All the owners have been written
to requesting steps be taken to clear the land. One owner responded that they would
be willing to contribute to a joint clear up. 
2.4 Some items have been removed from the area. However, the space around 30-44
Morrison Court remains the site of dumping. To the south of the building, mattresses
and other household items including furniture have been dumped. On the southern
ground floor elevation windows relating to the entrance lobby have been smashed. To
the east of the building but again near the southern boundary, dumping has occurred
in a former bin store of refuse and household items. The bin store is a low metal
frame, and the contents are visible from outwith the site. White goods have also been
dumped to the east of the building. This area is visible from both Morrison Court and
the school grounds. 
2.5. Given the above, it is considered that adequate opportunity to alleviate the harm
caused by the condition of the land has been given. The condition of the land, which is
located next to a primary school, is causing harm to local amenity. 
3. Proposals 
3.1 The condition of the land is having a significant adverse impact upon the amenity of the
area. The site is within a residential area, adjacent to and opposite residential properties
and on the main access to a primary school and is visible from the school. 
3.2 In the interest of the amenity of the area, it is recommended that Committee approves
the serving of a Notice under Section 179 of the Town and Country planning (Scotland)
Act 1997 requiring the following. 
(i) Remove all waste, household items, refuse and litter from the site;
(ii) Board the smashed or broken ground floor window openings on the southern
elevation with exterior grade plywood or similar and fix shut any open, but not
smashed, window openings.

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3.3 It is proposed that the owner would be given 6 weeks from the date of any Notice taking
effect in which to carry out the requirements. 
4. Implications/Socio-economic Duty 
Financial 
4.1 The Council may seek to recover from the person(s) who was the then the owner or
lessee any expenses reasonably incurred during the carrying out direct action. 
Human Resources 
4.2 None 
Legal 
4.3 The proposed Notice is in accordance with Statutory Regulations. 
Equality/Socio-economic 
4.4 None 
Environmental and Sustainability 
4.5 The Notice can address complaints about the condition of the site. 
Key Priorities 
4.6 The proposed Enforcement Notice supports the Council Plan priority – “Vibrant,
welcoming and attractive places.” 
Community Wealth Building 
4.7 None. 
5. Consultation 
5.1 None 
RUSSELL McCUTCHEON
Executive Director (Place) 
For further information please contact Iain Davies, Senior Development Management
Officer, on 01294 324 320. 
Background Papers
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