EAST AYRSHIRE COUNCIL PLANNING COMMITTEE MINUTES OF SPECIAL MEETING HELD ON FRIDAY 10 JULY 2015 AT 1000 HOURS IN THE COUNCIL CHAMBERS, COUNCIL HEADQUARTERS, LONDON ROAD, KILMARNOCK PRESENT: Councillors Jim Roberts, Bobby McDill, Elaine Cowan, Tom Cook, Neil McGhee, David Shaw and Billy Crawford. ATTENDING: Michael Keane, Head of Planning and Economic Development; Fiona Finlay, Development Management Team Leader; Melanie Barbour, Solicitor; John Trakalo, Team Leader, Ayrshire Roads Alliance; David Law, Senior Arboricultural Officer; Bill Gilchrist, Team Leader, Pollution Control/CEU; and Gillian Hamilton, Democratic Services Officer. APOLOGIES: Councillors Helen Coffey, George Mair, Stephanie Primrose and Moira Pirie. CHAIR: Councillor Jim Roberts, Chair. HEARING PROCEDURE 1. The Democratic Services Officer confirmed that the Hearing Procedure (circulated) was understood by all participants. CONSIDERATION OF APPLICATIONS 2. APPLICATION NO 14/0835/PP: MARCHSTONE (CRAIGHOUSE) LTD: HOUSE, GATEHEAD CRAIG 2.1 Preliminary Matter The Solicitor referred to a letter circulated by the applicant to Committee members prior to the meeting. Members were required to determine whether to admit the letter into the proceedings. It was agreed not to admit the letter and to proceed to consider the application. 2.2 Consideration of Item There was submitted an executive summary sheet and report dated 1 July 2015 (both circulated) by the Head of Planning and Economic Development which presented for determination an application for planning permission in principle for a proposed residential development of 12 detached dwellings, 11 single storey and one two storey with double garage at Craig House, Gatehead by Marchstone (Craighouse) Ltd. The Development Management Team Leader reported that 43 parties had submitted letters of objection in respect of the application, details of which were contained within the report; reported on an amendment to paragraph 8 of the report, that "the pod of 5 houses" should read "7 houses", and to paragraph 10 of the report to amend “reviewed” to read “received” in the context of "Of the 244 trees RECEIVED, 94 were identified as Category A being of high quality with estimated life expectancy remaining of at least 40 years"; summarised the planning considerations in respect of the 2 application; and gave the recommendation of the Head of Planning and Economic Development: Refusal, for the reasons detailed in the report. 2.3 Planning Hearing The Committee heard Mr Robert G A Sanderson, Mr Matt Dunlop and Mr Stephen Mallon, objectors in respect of their objections, and Mr John Shaw, objector in respect of his objections and those of Mr Sandy Cochrane, objector. Members asked questions of the objectors. The applicant was not present or represented. The Chair closed the Hearing. 2.4 Determination of Application The Senior Arboricultural Officer, the Team Leader, Ayrshire Roads Alliance, the Solicitor, the Team Leader, Pollution Control/CEU and the Development Management Team Leader provided clarification on the matters raised during the Hearing. It was agreed to refuse the application for the reasons detailed in the report. 3. APPLICATION NO 14/0902/PP: MRS D FRASER: DRAFFEN HOUSE, DRAFFEN MOUNT, STEWARTON There was submitted an executive summary sheet and report dated 1 July 2015 (both circulated) by the Head of Planning and Economic Development which presented for determination an application for permission to implement the terms of Planning Permission Ref 01/0859/OL without complying with the terms of Conditions 7 (in part) and 13 at land east of Draffen House, Draffen Mount, Stewarton by Mrs D Fraser. 3.1 Consideration of Application The Development Management Team Leader reported that 13 parties had submitted letters of objection, details of which were contained within the report, summarised the planning considerations in respect of the application; and gave the recommendations of the Head of Planning and Economic Development: Approval for the reasons detailed in the report. 3.2 Planning Hearing The Committee heard Mr D Fulton, representing Stewarton Community Council, in respect of their objections. The Committee then heard Mr Andrew Bennie, the applicant’s representative, in support of the application. Members asked questions of the applicant’s representative. The Chair closed the Hearing. 3.3 Determination of Application The Development Management Team Leader; and the Team Leader, Ayrshire Roads Alliance provided clarification on matters raised during the Hearing. It was agreed to approve the application for the reasons detailed in the report. 3 4. APPLICATION NO 14/0903/AMCPP: MRS D FRASER: DRAFFEN HOUSE, DRAFFEN MOUNT, STEWARTON There was submitted an executive summary sheet and report dated 2 July 2015 (both circulated) by the Head of Planning and Economic Development which presented for determination an application for approval of matters specified in Conditions 1 (site layout and masterplan), 2 (design), 3 (drainage), 4 (suds), 5 (access and layout), 7 (landscaping), 8 (phasing), and 9 (contamination) of planning consent No 01/8559/OL (erection of residential development with associated roads, access, parking and landscaping etc) at land east of Draffen House, Draffen Mount, Stewarton by Mrs D Fraser. 4.1 Consideration of Application The Development Management Team Leader reported that 17 parties had submitted letters of objection, details of which were contained within the report, summarised the planning considerations in respect of the application; and gave the recommendation of the Head of Planning and Economic Development: Approval, subject to the conditions and for the reasons detailed in the report. 4.2 Planning Hearing The Committee heard Mr D Fulton representing Stewarton Community Council, in respect of their objections, and Mr Martin Hannah and Mr Hugh Morton, objectors, in respect of their own objections. Members asked questions of Mr D Fulton and Mr Martin Hannah. The Committee then heard Mr Andrew Bennie, the applicant’s representative, in support of the application. Members asked questions of the applicant’s representative. The Chair closed the Hearing. 4.3 Determination of Application The Team Leader, Ayrshire Roads Alliance, the Development Management Team Leader and the Solicitor provided clarification on matters raised during the Hearing. 4.4 Adjournment/Reconvention The meeting adjourned at 1227 hours and reconvened at 1232 hours with the same Members and Officers present and in attendance, under exception of the Senior Arboricultural Officer. It was agreed to approve the application subject to (i) the Conditions and for the reasons detailed in the report (except those Conditions as hereinafter amended in (ii) and (iii) below); (ii) the deletion of condition 1 (ii); the application being remitted back to the Head of Planning and Economic Development to agree, in conjunction with the Roads Authority, prior to issuing the Decision Notice suitable wording for a condition to ensure that prior to the occupation of the first house within the development the applicant must provide evidence to the satisfaction of the Planning Authority, in consultation with the Roads Authority, that the following road safety improvements have been carried out, namely that the 30 mph speed limit on Loudoun Street has been extended eastwards and includes a new access roundabout to the development; and that a new gateway has been installed on the approach to the re-located 30 mph limit, both of which road safety improvements are shown on the approved drawing 4 number C125/SK/10; and the renumbering of Condition 1 subsections (iii)-(vi) to recognise the deletion of Condition 1 (ii); (iii) an amendment to Condition 16 that prior to the construction of the proposed equipped play area, full details, which shall include a layout drawing of the play area and bound footpath connecting the play area to the road and footpath network within the estate, manufacturers’ brochures for the proposed play equipment, and proposed surfacing material(s) for the play areas and footpath, shall be submitted to and approved in writing by the Planning Authority. REASON: in order that the Planning Authority can maintain proper control over the development, such details not having been submitted”; (iv) the following additional Conditions:- (21) Notwithstanding Condition 14 and the approved landscaping plans, the design and details of the proposed lime kilns memorial cairn is not approved. Prior to any work commencing on site, details of a revised design which shall take the form of a proposal which incorporates an arch feature which takes its influence in designterms from the former lime kilns, shall be submitted to and approved in writing by the Planning Authority. REASON: in the interest of the amenity of the area; (22) a condition the wording of which shall be agreed by the Head of Planning & Economic Development, in conjunction with the Roads Authority, as set out in detail in (ii), above, prior to issuing the Decision Notice; (23) Notwithstanding the approved plans and prior to any work commencing on site, details of the finished ground levels and stability of the infilling material of the site, in particular in the location of the former quarry, shall be submitted to and approved in writing by the Planning Authority. REASON: in the interest of the stability of the site; and (24) Further to the terms of Condition 23 above, the development shall be undertaken in accordance with the details approved under the terms of that Condition, in the interest of the stability of the site; and (v) the following additional Advisory Notes:- (a) for the avoidance of doubt the Planning Committee request that the proposed lime kilns memorial cairn shall incorporate the date stone from the lime kilns if at all possible; and (b) the applicant is advised that the Planning Committee would appreciate their early consultation and engagement in formulating the revised design of the proposed cairn with Stewarton and District Community Council and also Stewarton Historical Society. The meeting terminated at 1237 hours