PLEASE NOTE THAT THE MINUTE REQUIRES TO BE APPROVED
AS A CORRECT RECORD AT THE NEXT COUNCIL MEETING
AND MAY BE AMENDED
EAST AYRSHIRE COUNCIL
LOCAL REVIEW BODY
MINUTES OF MEETING HELD ON TUESDAY 28 AUGUST 2012 AT 1300 HOURS
IN THE COUNCIL CHAMBERS, COUNCIL HEADQUARTERS, LONDON ROAD,
KILMARNOCK
PRESENT: Councillors Jim Roberts, Andrew Hershaw, Stephanie Primrose and
David Shaw.
ATTENDING: Emma Fyvie, Principal Planning Officer (Item 2); Fiona Finlay, Team
Leader (Development Management: Northern Area) (Item 3); Craig Iles, Team
Leader (Development Management: Southern Area) (Item 1); Craig Young, Team
Leader - Litigation and Advice; and Lynn Young, Administrative Officer.
APOLOGY: Councillor Billy Crawford.
CHAIR: Councillor Jim Roberts, Chair.
APPLICATION NO LRB 11/0963/PP: LAND AT HENRYTON, DARVEL
(Item 4, Page
, 12/17)
1.
Following an unaccompanied site visit attended by Councillors Jim Roberts, Andrew
Hershaw, Stephanie Primrose and David Shaw, together with Craig Isles, Team
Leader, Development Management: Southern Area and Lynn Young, Administrative
Officer, held prior to the meeting, Members considered the application for erection of
a single turbine 77m to tip with associated foundation, hardstanding, transformer,
cabling and access track on land at Henryton, Darvel.
The updated Position Statement, Notice of Review submission, the Decision Notice,
the Report of Handling, representations received in relation to the original planning
application, and suggested planning conditions were all circulated. A supporting
Environmental Document and photomontages which were submitted as part of the
Notice of Review submission were made available (a) on the Councillors’ Portal, (b)
on the internet and (c) at the Local Review Body meeting.
Following consideration, the Local Review Body determined that they now had
sufficient information before them to proceed to determine the application without
further procedure in terms of the Town and Country Planning (Schemes of
Delegation and Local Review Body Procedure) (Scotland) Regulations 2008.
The Local Review Body considered the terms of the Decision Notice dated 15 June
2012, Report of Handling dated 14 and 15 June 2012, together with Notice of
Review dated 26 June 2012 and other supporting documents as well as the original
representations from interested parties.
Having done so, the Local Review Body noted the application assessment that had
been carried out by the Case Officer within the Report of Handling, and, having
considered this assessment in light of the Notice of Review, and supporting
documentation, determined that the proposed development would (i) be contrary to
2
Policy ECON 6 of the Ayrshire Joint Structure Plan as the visual impacts of the
turbine on properties in the immediate vicinity of the turbine, and from the
settlements of Darvel (at the eastern end) and Priestland, would be unacceptable
due to the separation differences to properties in the immediate vicinity of the turbine
and the settlements of Darvel (at the eastern end) and Priestland in relation to the
height, scale and visual impact of the turbine; (ii) would be contrary to Policy CS12,
Part (ii) of the East Ayrshire Local Plan 2010 as the proposal would dominate and be
visually detrimental on properties in the immediate vicinity of the turbine, and from
the settlements of Darvel (at the eastern end) and Priestland and would be
unacceptable due to the separation distances to properties in the immediate vicinity
of the turbine and the settlements of Darvel (at the eastern end) and Priestland in
relation to the height, scale and visual impact of the turbine; (iii) would be contrary to
Policy CS12, Part (iv) of the East Ayrshire Local Plan 2010 as the proposal would
have an adverse visual impact on the surrounding landscape of the area by way of
its height, scale and position; (iv) would be contrary to Policy ENV16, Part (i) of the
East Ayrshire Local Plan 2010 as the proposal would have an adverse visual impact
on the area by way of its height, scale and position; and (v) would be contrary to
Policy ENV17, Part (iv) of the East Ayrshire Local Plan 2010 as the proposal would
have an adverse visual impact on the landscape character of the area, by virtue of
the height and scale of the turbine, and that the material considerations referred to
within the Notice of Review and supporting documentation did not outweigh these
Policies.
As a consequence, the Local Review Body therefore determined that the application
was refused and accordingly dismissed, upholding the Appointed Officer’s
determination.
APPLICATION NO LRB 12/0109/PP: ERECTION OF DWELLING AT CEMETERY
ROAD, DARVEL (Item 5, Page
, 12/17)
2.
Following an unaccompanied site visit attended by Councillors Jim Roberts, Andrew
Hershaw, Stephanie Primrose and David Shaw together with Emma Fyvie, Principal
Planning Officer and Lynn Young, Administrative Officer, held prior to the meeting,
Members considered the application to review the refusal of planning permission for
erection of a dwellinghouse at Cemetery Road, Darvel.
The updated Position Statement, Notice of Review submission, the Decision Notice,
the Report of Handling, representations received in relation to the original planning
application, and suggested planning conditions were all circulated.
Following consideration, the Local Review Body determined that they now had
sufficient information before them to proceed to determine the application without
further procedure in terms of the Town and Country Planning (Schemes of
Delegation and Local Review Body Procedure) (Scotland) Regulations 2008.
The Local Review Body considered the terms of the Decision Notice dated 10 May
2012, Report of Handling dated 10 May 2012, together with Notice of Review dated
18 June 2012 and other supporting documents as well as the original
representations from interested parties.
Having done so, the Local Review Body noted the application assessment that had
been carried out by the Case Officer within the Report of Handling, and, having
considered this assessment in light of the Notice of Review, and supporting
3
documentation, determined that in its view the proposed development would (i) be
contrary to Policy COMM 5 of the Ayrshire Joint Structure Plan as the proposal did
not fall under any of the acceptable forms of rural housing listed in COMM 5 of the
Ayrshire Joint Structure Plan; (ii) would be contrary to Policy SD3 of the East
Ayrshire Local Plan 2010 as the proposal fell outwith the settlement boundary of
Darvel and had presented no justified need for a countryside location; (iii) would be
contrary to Policy SD5 of the East Ayrshire Local Plan 2010 as the proposal did not
comprise an acceptable form of residential development in accord with Policy RES9
of the said Local Plan; (iv) would be contrary to Policy RES9 of the said Plan as no
justification had been submitted by the applicant to state that the dwellinghouse
would be required for any of the listed purposes; and (v) fails to comply with Policy
RES20, Parts (iv) and (vi) of the said Local Plan as it constituted the erection of a
new dwellinghouse in the rural area which would result in an inappropriate and
unacceptable extension of development from the existing settlement into the rural
area and acceptable ribboning of development along a public road in a rural location,
and that the material considerations referred to within the Notice of Review and
supporting documentation did not outweigh these Policies.
As a consequence, the Local Review Body therefore determined that the application
was refused and accordingly dismissed, upholding the Appointed Officer’s
determination.
APPLICATION NO LRB 12/0091/PPP: LAND OPPOSITE RIVERBANK HOUSE,
MUIRKIRK ROAD, CUMNOCK (Item 8, Page
, 12/17)
3.
Following an unaccompanied site visit attended by Councillors Jim Roberts, Andrew
Hershaw, Stephanie Primrose and David Shaw together with Fiona Finlay, Team
Leader (Development Management: Northern Area) and Lynn Young, Administrative
Officer, held prior to the meeting, Members considered the application to review the
refusal of planning permission for proposed erection of a dwellinghouse at land
opposite Riverbank House, Muirkirk Road, Cumnock.
The updated Position Statement, Notice of Review submission, Location Plans, the
Decision Notice, the Report of Handling, representations received in relation to the
original planning application, and suggested planning conditions were all circulated.
Following consideration, the Local Review Body determined that they now had
sufficient information before them to proceed to determine the application without
further procedure in terms of the Town and Country Planning (Schemes of
Delegation and Local Review Body Procedure) (Scotland) Regulations 2008.
The Local Review Body considered the terms of the Decision Notice dated 24 April
2012, Report of Handling dated 24 April 2012, together with Notice of Review dated
11 July 2012 and other supporting documents as well as the original representations
from interested parties.
Having done so, the Local Review Body noted the application assessment that had
been carried out by the Case Officer within the Report of Handling, and, having
considered this assessment in light of the Notice of Review and supporting
documentation, determined that in its view, the proposed development (i) would be
contrary to Policy RES9 of the East Ayrshire Local Plan 2010 as the proposal was
located within the Settlement Protection Area and does not fall within one of the
classes of residential development accepted in such areas; (ii) would be contrary to
4
Policy RES18 of the East Ayrshire Local Plan 2010 as there were open aspects
towards the site meaning that the development would be unduly visually prominent
within the surrounding area; (iii) would be contrary to Policy RES20, Parts (vi), (vii),
(viii) and (ix) of the East Ayrshire Local Plan 2010 as it would contribute to ribboning
of development along and in close proximity to the A70 which would lead towards
the coalescence of neighbouring communities given its location between Cumnock
and Lugar/Logan. Furthermore, it would be unduly visually prominent given its
exposed location near to the A70 and does not meet the standards of the Council as
Roads Authority given the site location within the 200 year event flood zone; and (iv)
would be contrary to Policy ENV21, Parts (i), (ii), (iv) and (vii) of the East Ayrshire
Local Plan as it was located within the identified 1 in 200 year event flood risk zone
meaning it would not be free from significant flood risk, and would have the potential
to materially increase flooding elsewhere as it would reduce the capacity of the
functional floodplain and would be contrary to the provisions of Scottish Planning
Policy, and that the material considerations referred to within the Notice of Review
and supporting documentation did not outweigh these Policies.
As a consequence, the Local Review Body therefore determined that the application
was refused and accordingly dismissed, upholding the Appointed Officer’s
determination.
The meeting terminated at 1327 hours.