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Local Review Body Report and Appendices

North Ayrshire Council · 21 May 2025
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NORTH AYRSHIRE COUNCIL 
21 May 2025 
Local Review Body
Title: Notice of Review: 24/00775/PP: Site to West of Dunora Pier
Road, Fairlie
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 24/00775/PP:
Site to West of Dunora Pier Road Fairlie for change of use of beach to form
private deck areas (retrospective). 
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 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 Shannon Wilson, Committee Services Officer, at
shannonwilson@north-ayrshire.gov.uk.

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North Ayrshire Co u rrdl
Cc.n•h1!r:la io raclid Air a uatr
Cunninghame House Friars Croft Irvine KA12 BEE 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
The on line 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)
Agent Details
Please enter Agent details
D Applicant IZIAgent
Company/Organisation: [_N_/ A _________________________________ �
Ref. Number: [ N-1-24-00775-PP
First Name:. [_
P_a_tr_ic_k _____
__
___
�
Last Name:* �[ _M_c _e_v_o_y ________ �
Telephone Number:• [
Extension Number:
Mobile Number:
Fax Number:
You must enter a Building Name or Number, or both: *
Building Name:
Building Number:
Address 1
(Street):•
Address 2:
Town/City:•
Country:•
Postcode:•
38 ronaldsay street
glasgow
city of
G22 7AR
Email Address: •
Is the applicant an individual or an organisation/corporate entity?
•IZ] Individual D Organisation/Corporate entity
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Declare - Notice of Review
I/We the applicanUagent certify that this is an application for review on the grounds stated.
Declaration Name: Patrick McEvoy
Declaration Date: 22/04/25
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We continually clean the beach, have removed two extremely damaged hulls, which had been
left for years and had become dangerous for the younger children, to make the beach a cleaner
and safer area for all.
Fairlie Beach is a beautiful place, we took the beauty of the surroundings into account when the
Deckings were constructed.
They are built from Natural Timber and are of Natural Colour as to merge with the surroundings
and not to "stick out like sore thumbs" so to speak.
Nobody has every complained previously to us, in fact all we have had is compliments, on the
build and quality.
We therefore kindly request that you reconsider our request for Planning Permission
(Retrospective).
Yours sincerely
Dunora Owners Association
c/o Patrick Mcevoy

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REPORT OF HANDLING 
Reference No:   24/00775/PP
Proposal: Change of use of beach to form private deck
areas (Retrospective)  
Location: Site To West Of Dunora, Pier Road, Fairlie, North
Ayrshire 
----------------------------------------------------------------------------------------------------------------
LDP Allocation: Open Space
LDP Policies: SP1T - Towns and Villages Objective / SP2 -
Strategic Policy 2 / 
----------------------------------------------------------------------------------------------------------------
Consultations:   Yes 
Neighbour Notification: Neighbour Notification carried out on 08.11.2024 
Neighbour Notification expired on 29.11.2024 
Advert: Not Advertised  
----------------------------------------------------------------------------------------------------------------
Previous Applications: None 
Appeal History Of Site:   None 
Relevant Development Plan Policies 
SP1T - Towns and Villages Objective 
SP2 - Strategic Policy 2 
The LDP can be viewed at the link below. 
LDP November 2019 
NPF4 can be viewed at the link below 
National Planning Framework 4 - gov.scot (www.gov.scot)

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24/00775/PP 
Description 
Planning permission is retrospectively sought for change of use of beach to form
private deck areas at a site to west of Dunora, Pier Road, Fairlie. 
The decking has been constructed on the beach, to the front of Dunora house which
consists of several apartments that face towards the Firth of Clyde to the west. The
application form states that the decking was installed on land owned by Largs
Marina. The development consists of 3 no. sections of decking projecting from the
beach stone wall that runs along the rear ofthis stretch of beach. Seating areas have
been installed onto the decking area. 
The application site consists of a section of beach to the west of Pier Road/Allanton
Park Terrace in Fairlie. The beach is characterised by a stone wall that runs along
the rear of the beach with steps leading down from the adjacent public roads.
Residential properties front onto the beach area, including Dunora house to which
the decking is associated. 
In terms of the Adopted Local Development Plan (LDP), the application site is
located within the General Urban Area of Fairlie. Therefore, the Towns and Villages
Objective of Strategic Policy 1 (Spatial Strategy) applies. The application also needs
to be considered in terms of Strategic Policy 2 (Placemaking). 
National Planning Framework 4 (NPF4) is also relevant to the consideration of the
application since this is part of the development plan. The most relevant policy in
this case is Policy 14 (Design, quality and place). 
Consultations and Representations 
Neighbour notification was conducted for this application in accordance with
statutory procedures. Five objection comments were received in response to the
application. The points raised are summarised below. 
1. The beach belongs everyone and should not be used or claimed as private
property. 
Response: noted. The merits of the application are considered in the Analysis
section below. 
2. Concerns regarding the impact of noise and antisocial behaviour on
neighbouring residents from the use of the decking. 
Response: noted. The merits of the application are considered in the Analysis
section below. While this concern is acknowledged, it is also recognised that the
beach can be used by anyone at any time of day. It is not considered that the
decking installed would result in any significant increase in noise or antisocial
behaviour. 
3. Concerns regarding the setting of a precedent for future development and
claiming of the beach for private use.

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24/00775/PP
Response: The granting of planning permission does not set a precedent for future
development. Each application is considered on its merits. The merits of the current
application are considered in the Analysis section below. 
4. The decking is visually intrusive and does not fit in with the traditional stone
walling in the surrounding area. 
Response: The siting, design, and appearance of the decking in the surrounding
beach context is considered in the Analysis section below. 
Consultations: 
NAC Flooding - While the application site is at flood and erosion risk from the sea,
the use of the private deck areas on an existing beach is unlikely to increase the
number of people at flood risk. Given this, NAC Flooding has no objection to the
proposed change of use. 
However, given the temporary nature of the construction of the private deck areas
and because they will become increasingly exposed to flood and erosion risk
through time, permission may only be appropriate for a limited amount of time. 
Response: The comments from Flooding are noted. The objection comment
referencing previous structures washing into the burn and causing flooding issues is
also noted. It is agreed that these structues would be exposed to flood risk and
erosion. It is not considered that a temporary permission would be appropriate. 
Analysis 
In terms of the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy),
new non-residential proposals will be assessed against policies of this LDP that
relate to the proposal. In principle, we will support development proposals within our
towns and villages that recognise the value of out built and natural environment by
embedding placemaking into our decision making. The application therefore needs
to be considered in terms Strategic Policy 2 (Placemaking). 
In terms of NPF4, it is not considered that the proposed development raises any
strategic planning issues at a national or regional level. The relevant NPF4 policy in
this case is Policy 14 (Design, quality and place). 
LDP Strategic Policy 2 (Placemaking) and NPF4 Policy 14 (Design, quality and
place) will be considered below. 
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." Similarly, the policy intent
of NPF4 Policy 14 (Design, quality and place) is to "encourage, promote, and
facilitate well designed development that makes successful places by taking a
design-led approach and applying the Place Principle." 
Located on a section of beach to the west of Pier Road/Allanton Park Terrace and
behind the beach wall, the decking is not readily visible from the public road.
However, from the beach itself, the decking is visually prominent due to its timber
construction in contrast to the stone built wall that runs along the entre stretch of the

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24/00775/PP
beach. This section of beach is characterised by this stone wall with stone steps
providing access from the adjacent public roads. It is considered that the timber
construction of the decking and its siting is out of keeping with the character and
appearance of the beach to detriment of its amenity. 
It is noted that from the application form that under the decking there are sharp and
uneven rocks and that the decking was installed to provide adequate sit-down space
and an even surface for chairs to allow elderly tenants to sit down comfortably.
However, it is also noted from historic photos that temporary structures such as
tables and chairs have been sited on the public road area and within the front
gardens of properties on Allanton Park Terrace. This arrangement is considered
more appropriate than a permanent structure on the beach. 
Overall, it is not considered that the siting, design, or appearance of the decking is
appropriate and, based on the above observations, the proposed change of use
does not accord with the relevant policies of the development plan. There are no
other material considerations to indicate otherwise. Therefore, planning permission
should be refused.

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24/00775/PP 
Decision 
Refused 
Case Officer - Mr Joe Thompson

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24/00775/PP 
Appendix 1 - Drawings relating to decision 
Drawing Title  Drawing Reference 
(if applicable)
Drawing Version
(if applicable)
Location Plan

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Yvonne Baulk : Head Of Service (Housing & Public Protection)
No N/24/00775/PP
(Original Application No. N/100687374-001)
REFUSAL OF PLANNING PERMISSION         Type of Application:  Local 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 : Dunora Owners Association
c/o Patrick Mcevoy
Ronaldsay
38 Ronaldsay Street
Glasgow
United Kingdom
G22 7AR
With reference to your application received on 5 November 2024 for planning permission under the above mentioned
Acts and Orders for :-
Change of use of beach to form private deck areas (Retrospective)
at Site To West Of Dunora
Pier Road
Fairlie
Largs
North Ayrshire
North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning
permission on the following grounds :-
1. The proposed change of use would be contrary to the aims of the Adopted Local Development Plan in terms of
Strategic Policy 2 (Placemaking) and National Planning Framework 4 in terms of Policy 14 (Design, quality
and place). The siting and timber construction of the decking installed is not in keeping with the character and
appearance of the beach and harms visual amenity.
Dated this : 23 January 2025
A Finlayson
Chief Planning Officer
(See accompanying notes)

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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
Yvonne Baulk : Head Of Service (Housing & Public Protection)
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.