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220928 - Planning Minute

North Ayrshire Council · 26 October 2022
Back to Planning Committee — 26 October 2022 and its agenda

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Planning Committee
28 September 2022 
Irvine, 28 September 2022 - At a Meeting of the Planning Committee 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)
Robert Foster, Timothy Billings, Scott Davidson, Stewart Ferguson, Cameron Inglis,
Davina McTiernan and Chloé Robertson. 
Present (Remote Participation)
Jim Montgomerie. 
In Attendance
J. Miller, Chief Planning Officer (Planning); R. Lynch, Senior Manager (Legal Services)
and A. Little and H. Clancy, Committee Services Officers (Chief Executive’s Service). 
Apologies
Amanda Kerr and Ian Murdoch. 
Chair
Councillor Foster 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 Minute of the meeting of the Planning Committee held on 24 August 2022 was
confirmed and the Minute signed in accordance with Paragraph 7 (1) of Schedule 7 of
the Local Government (Scotland) Act 1973. 
3. 22/00420/PPM:  Site To North Of St Andrews Court, Saltcoats 
Persimmon Homes And Land Partners (Scotland) Limited, have applied for planning
permission for a residential development comprising of 99 units and associated
infrastructure on the site. Seven letters of objection were received and summarised in
the report. 
The Committee discussed the provision of pedestrian crossings in the local area and
were advised that whilst there was no requirement for a further pedestrian crossing at
the main road, further consultation would be undertaken with Roads.

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Councillor Billings, seconded by Councillor McTiernan, moved that the application be
granted, subject to conditions, and that further consultation be undertaken with Roads
in respect of pedestrian crossing requirements.  There being no amendment, the
motion was declared carried. 
The Committee agreed to grant the application, subject to the following conditions:- 
1.  That prior to the commencement of the development hereby approved, the
developer shall provide full details of the proposed finishing materials for the
written approval of North Ayrshire Council as Planning Authority. Thereafter, the
development shall progress in accordance with such details as may be
approved. 
2.  That no development shall take place until there has been submitted to and
approved by North Ayrshire Council as Planning Authority a scheme of
landscaping, which shall include details of species, planting densities, soil
treatment and aftercare and shall include indications of all existing trees and
hedgerows on the land and details of any to be retained together with measures
for their protection in the course of the development. 
3.  That all planting, seeding or turfing comprised in the approved details of
landscaping shall be carried out in the first planting season and seeding seasons
following the occupation of the buildings or the completion of the development,
whichever is the sooner; and any trees or plants which, within a period of five
years from the completion of the development die, are removed or become
seriously damaged or diseased shall be replaced in the next planting season with
others of a similar size and species, unless North Ayrshire Council as Planning
Authority gives written consent to any variation. 
4.  That prior to the commencement of the development, hereby approved, the
developer shall provide a proposed topographical plan displaying full details of
Finished Floor Levels, any ground works, cut and fill and site levelling for the
written approval of North Ayrshire Council as Planning Authority. Thereafter, the
development shall progress in accordance with such details as may be approved
by North Ayrshire Council as Planning Authority. 
5.  Site clearance or similar works shall not take place during the nesting bird period
(March to August, inclusive). If works cannot be undertaken outside this period,
then a breeding bird survey shall be undertaken to determine which nests are
active, and no section of the site within 10m of an active nest shall be cleared
until the bird nesting season is over. All to the satisfaction of North Ayrshire
Council as Planning Authority. 
6.  If any trees are scheduled to be felled as part of the development, a Preliminary
Roost Assessment shall be undertaken on the trees scheduled to be felled, and
the results shall be submitted to North Ayrshire Council as Planning Authority.
Thereafter, if any remediation works are required, they shall be undertaken as
agreed, in writing by North Ayrshire Council as Planning Authority.

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7.  That prior to any development commencing the applicant shall submit a
Remediation Strategy for the written approval of North Ayrshire Council as
Planning Authority as recommended the in the Ground Investigation Report by
JPB June 2020, UG537-14/MAK. Thereafter, the development shall progress in
accordance with the approved Remediation Strategy. 
8.  That the applicant shall submit a Construction Environmental Management Plan
(CEMP) for the written approval of North Ayrshire Council as Planning Authority
prior to the commencement of any works, as recommended within the submitted
Air Quality Impact Assessment report by ITPEnergised, May 2022, Project No
5272. Thereafter, the development shall progress in accordance with the
approved CEMP. 
9.  The rated noise level, as defined in BS4142:2014 +A1:2019, from the operation
of the proposed pumping station must not exceed the existing background noise
level at the curtilage of any noise sensitive property, to the satisfaction of North
Ayrshire Council as Planning Authority. 
10.  That prior to the commencement of the development hereby approved, the full
details of the proposed improvements or alterations to the existing ditches and
the detail of the proposed ditch both within and outwith the application site shall
be submitted for the written approval of North Ayrshire Council as Planning
Authority. For the avoidance of doubt, this shall include details of culverts (road
crossings) and a '1 in 200' year critical storm resilience check on the proposed
drainage system, including identification and design of any necessary flood flow-
paths, together with maintenance of these flow-paths. Thereafter, the approved
details should be implemented prior to the completion of the development and
maintained in perpetuity. 
11.  That no development shall take place within the development site as outlined in
red on the approved plan until the developer has secured the implementation of
a programme of archaeological works in accordance with a written scheme of
investigation which has been submitted by the applicant, agreed by the West of
Scotland Archaeology Service, and approved by North Ayrshire Council as
Planning Authority. Thereafter the developer shall ensure that the programme of
archaeological works is fully implemented and that all recording and recovery of
archaeological resources within the development site is undertaken to the
satisfaction of the Planning Authority in agreement with the West of Scotland
Archaeology Service. 
12.  That prior to the commencement of the development hereby approved, the
developer shall provide full details of the vehicular link to Barga Gardens for the
written approval of North Ayrshire Council as Planning Authority. This shall
include an updated Transportation Assessment which shall include a traffic
impact analysis of the development including the Barga Gardens Road link.
Thereafter, the development shall progress in accordance with such details as
may be approved.

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4  Provisional Tree Preservation Order: Grouping of Trees adjacent to
Wildcat Road and Summerlea Road, West Kilbride 
Submitted report by the Chief Planning officer seeking authority to serve a
Provisional Tree Preservation Order (TPO) to protect a group of trees at Wildcat
Road and Summerlea Road, West Kilbride.  An independent survey of the trees
had been undertaken and was attached at Appendix 1 to the report. 
Concerns had been raised by members of the public that trees located in West
Kilbride were under threat from a proposed development.  The independent survey of
the trees, undertaken in August 2022, considered that the grouping of trees met the
criteria contained within Section 160 of the Town and Country Planning (Scotland) Act
1997, insofar as it was expedient in the interests of amenity to make that provision. 
Councillor Davidson, seconded by Councillor Robertson, moved to grant authority to
serve a TPO to protect the group of trees at Wildcat Road and Summerlea Road,
West Kilbride. There being no amendment, the motion was declared carried. 
The Committee unanimously agreed to grant authority to serve notice of a Tree
Preservation Order (TPO) under Section 160 of the Town and Country Planning
(Scotland) Act 1997 and undertake consultation with all relevant stakeholders. 
5  Notice under Section 179 of the Town and Country Planning (Scotland)
Act 1997: former dental surgery, Fergushill Road, Kilwinning 
Submitted report by the Chief Planning officer seeking authority to serve a notice
under Section 179 of the Town and Country Planning (Scotland) Act 1997 to both
secure the building and to maintain the curtilage of the former dental surgery
building on Fergushill Road, Kilwinning. 
The former vacant dental surgery building had been subject to break-ins and had
deteriorated in appearance in recent years.  Complaints received by Planning Services
raised concerns about the condition of the building and site.  Officers had inspected
the site and contacted the owner to raise these concerns, however no response had
been received. 
Councillor Davidson, seconded by Councillor McTiernan, moved to grant authority to
serve a notice in the interests of the amenity of the area.  There being no amendment,
the motion was declared carried. 
The Committee unanimously agreed to grant authority for the service of a Notice
under Section 179 of the Town and Country Planning (Scotland) Act 1997, in the
interests of the amenity of the area 
The meeting ended at 2.35 p.m.