Agenda Document Pack - Local Review Body - 24/09/2025
North Ayrshire Council · 24 September 2025
Back to Local Review Body — 24 September 2025 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Local Review Body A Meeting of the Local Review Body of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 24 September 2025 at 14:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the meeting held on 21 May 2025 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 Notice of Review: 25/00213/PP : 1-3 Gagarin Terrace, Kilwinning KA13 6JA Submit report by the Head of Democratic Services on a Notice of Review submitted by the applicant in respect of a planning appeal refused by officers under delegated powers (copy enclosed). 4 Urgent Items Any other items which the Chair considers to be urgent. 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Local Review Body Sederunt Robert Foster (Chair) Cameron Inglis (Vice-Chair) Scott Davidson Stewart Ferguson Margaret Johnson Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Ronnie Stalker Chair: Apologies: Attending: 3
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Local Review Body 21 May 2025 At a Meeting of the Local Review Body of North Ayrshire Council at 2.15 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Cameron Inglis, Stewart Ferguson and Ronnie Stalker. Present (Remote Participation) Scott Davidson, Ian Murdoch and Chloé Roberston. In Attendance A. Hume, Senior Development Management Officer (Communities and Housing); R. Lynch, Senior Manager; C. Leslie, Solicitor (Legal); S. Wilson, Committee Services Officer; and C. Cheung, Digital, Media and Marketing Analyst (Communications) (Democratic Services) (Corporate Services). Chair Councillor Inglis in the Chair. Apologies Robert Foster and Davina McTiernan. 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 Minutes of the Meeting held on 21 January 2025 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Notice of Review: 24/00775/PP: Site to West of Dunora Pier Road, Fairlie Submitted a report by the Head of Democratic Services on a Notice of Review by the applicant in respect of a planning application refused by officers under delegated powers. The Notice of Review documentation, Planning Officer’s Report of Handling, Location Plan and Planning Decision Notice, were provided as appendices to the report. The Committee unanimously agreed a site visit was not required and that the information provided was sufficient to determine the Notice of Review. Officers responded to Members’ questions and Councillor Inglis, seconded by Councillor Stalker, moved to uphold the Officers’ decision to refuse planning permission. There being no amendments, the motion was carried. The meeting ended at 3.40 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home Agenda Item 2 5
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NORTH AYRSHIRE COUNCIL 24 September 2025 Local Review Body Title: Notice of Review: 25/00213/PP : 1-3 Gagarin Terrace, Kilwinning KA13 6JA 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 25/00213/PP: Renewal of erection of hot food takeaway to side of shop unit to include the erection of ventilation flue 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 - Representations received from interested parties; Appendix 3 - Report of Handling; Appendix 4 - Location Plan; and Appendix 5 - Planning Decision Notice. 3. Proposals 3.1 The Local Review Body is invited to consider the Notice of Review. Agenda Item 3 7
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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. Climate Change and Carbon 4.5 None arising from the recommendation of this report. Key Priorities 4.6 None arising from the recommendation of this report. Community Wealth Building 4.7 None arising from the recommendation of this report. Islands Communities Impact Assessment (ICIA) 4.8 None arising from the recommendation of this report. United Nations Rights of the Child (UNCRC) 4.9 None arising from the recommendation of this report. Consumer Duty 4.10 None arising from the recommendation of this report. 5. Consultation 5.1 Interested parties (both objectors to the planning application and statutory consultees) were invited to submit representations in terms of the Notice of Review and 1 further representation was received. 8
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Aileen Craig Head of Democratic Services For further information please contact Shannon Wilson, Committee Services Officer, on shannonwilson@north-ayrshire.gov.uk. Background Papers 0 9
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Page 1 of 5 Cunninghame House Friars Croft Irvine KA12 8EE 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 100712182-003 The online 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) Applicant Agent Agent Details Please enter Agent details Company/Organisation: Ref. Number: You must enter a Building Name or Number, or both: * First Name: * Building Name: Last Name: * Building Number: Address 1 Telephone Number: * (Street): * Extension Number: Address 2: Mobile Number: Town/City: * Fax Number: Country: * Postcode: * Email Address: * Is the applicant an individual or an organisation/corporate entity? * Individual Organisation/Corporate entity JWM Architectural Drawing Services James Mair Scotland 10
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Page 2 of 5 Applicant Details Please enter Applicant details Title: You must enter a Building Name or Number, or both: * Other Title: Building Name: First Name: * Building Number: Address 1 Last Name: * (Street): * Company/Organisation Address 2: Telephone Number: * Town/City: * Extension Number: Country: * Mobile Number: Postcode: * Fax Number: Email Address: * Site Address Details Planning Authority: Full postal address of the site (including postcode where available): Address 1: Address 2: Address 3: Address 4: Address 5: Town/City/Settlement: Post Code: Please identify/describe the location of the site or sites Northing Easting Mr 1-3 GAGARIN TERRACE Joseph North Ayrshire Council Fitzsimmons KILWINNING KA13 6JA Scotland 642718 230133 j 11
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Page 3 of 5 Description of Proposal Please provide a description of your proposal to which your review relates. The description should be the same as given in the application form, or as amended with the agreement of the planning authority: * (Max 500 characters) Type of Application What type of application did you submit to the planning authority? * Application for planning permission (including householder application but excluding application to work minerals). Application for planning permission in principle. Further application. Application for approval of matters specified in conditions. What does your review relate to? * Refusal Notice. Grant of permission with Conditions imposed. No decision reached within the prescribed period (two months after validation date or any agreed extension) – deemed refusal. Statement of reasons for seeking review You must state in full, why you are a seeking a review of the planning authority’s decision (or failure to make a decision). Your statement must set out all matters you consider require to be taken into account in determining your review. If necessary this can be provided as a separate document in the ‘Supporting Documents’ section: * (Max 500 characters) Note: you are unlikely to have a further opportunity to add to your statement of appeal at a later date, so it is essential that you produce all of the information you want the decision-maker to take into account. You should not however raise any new matter which was not before the planning authority at the time it decided your application (or at the time expiry of the period of determination), unless you can demonstrate that the new matter could not have been raised before that time or that it not being raised before that time is a consequence of exceptional circumstances. Have you raised any matters which were not before the appointed officer at the time the Yes No Determination on your application was made? * If yes, you should explain in the box below, why you are raising the new matter, why it was not raised with the appointed officer before your application was determined and why you consider it should be considered in your review: * (Max 500 characters) Renewal of erection of hot food takeaway to side of shop unit to include the erection of ventilation flue requesting Planning Approval is granted since the same application had been previously granted but applicant started the project outwith the alotted 3 year time frame due to personal circumstances. 12
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Page 4 of 5 Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters) Application Details Please provide the application reference no. given to you by your planning authority for your previous application. What date was the application submitted to the planning authority? * What date was the decision issued by the planning authority? * Review Procedure The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review process require that further information or representations be made to enable them to determine the review. Further information may be required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or inspecting the land which is the subject of the review case. Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other parties only, without any further procedures? For example, written submission, hearing session, site inspection. * Yes No In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion: Can the site be clearly seen from a road or public land? * Yes No Is it possible for the site to be accessed safely and without barriers to entry? * Yes No Checklist – Application for Notice of Review Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure to submit all this information may result in your appeal being deemed invalid. Have you provided the name and address of the applicant?. * Yes No Have you provided the date and reference number of the application which is the subject of this Yes No review? * If you are the agent, acting on behalf of the applicant, have you provided details of your name Yes No N/A and address and indicated whether any notice or correspondence required in connection with the review should be sent to you or the applicant? * Have you provided a statement setting out your reasons for requiring a review and by what Yes No procedure (or combination of procedures) you wish the review to be conducted? * Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely on and wish the Local Review Body to consider as part of your review. Please attach a copy of all documents, material and evidence which you intend to rely on Yes No (e.g. plans and Drawings) which are now the subject of this review * Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the application reference number, approved plans and decision notice (if any) from the earlier consent. appeal statement attached 25/00213/PP 26/06/2025 18/05/2025 13
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Page 5 of 5 Declare – Notice of Review I/We the applicant/agent certify that this is an application for review on the grounds stated. Declaration Name: Mr James Mair Declaration Date: 03/08/2025 Payment Details Pay Direct Created: 03/08/2025 08:39 14
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Dear Sir/Madam, As neighbours affected by Planning Application - 25/00213/PP, we wish to object to the proposed development of a take away food shop at Gagarin Terrace, Kilwinning. Please see our attached objections and the appendix letter to which we refer - the letter of refusal of planning permission. Please also reply to me to confirm receipt and to assure me that our form of objections will be considered by the review team. L Storie 15
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Planning Application - 25/00213/PP – Further objections by Linda Storie on behalf of Blacklands Residents (original signatories, plus six). Sent to committeeservices@north-ayrshire.gov.uk The applicant has submitted a Notice of Review, making application for the decision to refuse the application, to be reviewed by the Council’s Local Review Body. I have been advised that the Local Review Body will have access to: • The Report of Handling • Review Papers submitted by the Applicant • Any further Objections/Representations (if any) • Statement by applicant in response to objections/representations (if any) As this list does not include the letter/notice which sets out the refusal of planning permission (26th June, 2025) I am attaching this as an appendix. I draw attention to that letter/notice because in it, Chief Planning Officer, A Finlayson makes clear the policies that would be breached by granting planning permission for the proposed take-away food shop. The National Planning Framework 4 was published in February 2023 and as such, coming after the planning application of April 2022, it is a further policy development aimed at protecting disadvantaged communities. Within it, Policy 27 specifies take away food shops as a specific type of development from which our community should be protected by planning decisions. The Blacklands is most certainly a health and economically disadvantaged area – within the top 5% most disadvantaged areas of Scotland. The applicant for planning approval at this review is seeking indefinite approval for this development. However, planning approval comes with time limits as standard because planning policies, regulations, and local circumstances change over time. An expiry date ensures that developments align with current policies, needs and planning objectives and as pointed out by the Chief Planning Officer in his Refusal of Planning Permission letter of 26th June, 2025; and in the Analysis section of the Report of Handling, the new NPF4 now applies. There are no material considerations that would outweigh the Local Development plan and none have been put forward by the applicant. Issues of time and repeated applications and reviews for the take away food shop have also become a major cause of dismay and fatalism amongst Blacklands residents: especially those not signing this objection but who have contributed comments in the process of producing it. I cannot overstate this. The applicant is widely feared in the area. Mostly, there is an expressed fatalism because applications for this take away food shop have been repeating since 2003 and many residents now believe that there is no way of stopping this, that the applicant will simply apply again and again until he is able to set up his take away food shop. This is an unfair burden of stress, producing feelings of powerlessness in our community and a planning blight on the area with some residents unwilling to invest in settling in the area because of the threat of the harms that the take away food shop would bring. A whole generation has grown up in the Blacklands under threat of this series of planning applications and we implore the review panel to put a stop to this once and for all. Turning finally to represent a few other voices: those that might be described as fatalistically resigned to the possibility that the review team will again grant planning permission even against all the policies designed to protect us. These people send two pleas: 1. that if the take away food shop is to be allowed, that its hours be restricted to dinner time, after 5pm, in order that children returning from school are protected from the health harms that the proposed 3pm opening would produce; and 2. that as a condition to the operation of the proposed business, advice be given to residents and effective interventions implemented to deal with the inevitable litter. The current Blacklands littering problem emanates from the shop, is significant and horrible to live with. The predicted littering problem from a take away food shop would be worse and residents with a feeling of powerlessness do not need another experience that there is nothing they can do about it. 16
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REPORT OF HANDLING Reference No: 25/00213/PP Proposal: Renewal of planning permission for the erection of hot food takeaway to side of shop unit to include the associated ventilation flues Location: 1 - 3 Gagarin Terrace, Kilwinning, North Ayrshire, KA13 6JA ---------------------------------------------------------------------------------------------------------------- LDP Allocation: General Urban Area LDP Policies: SP1T - Towns and Villages Objective / SP2 - Strategic Policy 2 / Detailed Policy 3 - Town Centres/Retail / ---------------------------------------------------------------------------------------------------------------- Consultations: Yes Neighbour Notification: Neighbour Notification carried out on 21.05.2025 Neighbour Notification expired on 11.06.2025 Advert: Schedule 3 Published on:- 04.06.2025 Expired on:- 25.06.2025 Regulation 20 (1) Advert Published on:- 04.06.2025 Expired on:- 25.06.2025 ---------------------------------------------------------------------------------------------------------------- Previous Applications: 21/01027/PP for Erection of hot food takeaway to side of shop unit to include the erection of ventilation flue LRB Allowed on 14.12.2021 Appeal History Of Site: Relevant Development Plan Policies SP1T - Towns and Villages Objective SP2 - Strategic Policy 2 Detailed Policy 3 - Town Centres/Retail 20
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25/00213/PP 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) 21
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25/00213/PP Description The application site consists of a small parcel of land to the north of a shop at 1-3 Gagarin Terrace in the Blacklands residential area of Kilwinning. The adjoining shop consists of a single storey detached building with a mono-pitched roof. It accommodates a local convenience store with a hot food takeaway counter. The land to the rear (west) consists of a former garage lock-up site with an area of short grass and hardstanding used for parking by residents. There are houses beside the application site (north) and across the road (east). The surrounding area is residential. Planning permission (ref. 21/01027/PP) was granted for the development of a hot food takeaway on the application site by the Council's Local Review Body on 29th April 2022. The development did not commence until after the expiry of the planning permission. This was reported to the planning authority by a member of the public and the developer was asked to stop work and reapply. The application seeks a new planning permission to erect a hot food takeaway on the land. As previously, it is proposed that the takeaway would be built to the side of the existing convenience store. It would be a freestanding unit and would not be internally connected to the shop. The gross floor area would be approx. 65 sq.m and it would have a mono-pitched roof 3.75m in height to match the existing shop building. The proposed frontage on the east elevation would consists of a single glazed door, double window, recessed roller shutters set within a grey rendered wall with grey fascia at the top. The fascia would line through with the existing shop unit. In relation to the street, the takeaway would have the same building line as the shop. Flues for the ventilation system would be mounted on the roof. Since the planning permission was granted in 2022, a blockwork retaining wall has been built around the side and rear of the site. However, the retaining wall was not part of the planning application/permission and was carried out separately under permitted development rights. It is proposed that bins would be stored to the rear of the shop. A bin access path would be provided between the retaining wall and the side/rear of the proposed building. In the adopted North Ayrshire Local Development Plan (LDP) the site lies within a General Urban Area allocation of Kilwinning and therefore the Towns and Villages Objective of Strategic Policy 1: Spatial Strategy applies. In addition, all development proposals require to be assessed in terms of Strategic Policy 2: Placemaking. Policy 3: Town Centres and Retail, also applies to this proposal. National Planning Framework 4 (NPF4) also requires consideration, and in particular, Policy 27. The existing retail unit originally comprised of three separate units but has been combined into one shop. The building was previously extended to the north following the approval of planning permission ref. 03/00895/PP in December 2003. Consultations and Representations Neighbour notification was undertaken in accordance with statutory procedures, and the application was advertised in the Irvine Herald (expiry date 25th June 2025). A 22
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25/00213/PP petition containing 16 names along with a letter of objection has been received. The points raised are summarised below: 1. An alleged fraud has been reported to the police and to Kilwinning Community Council. It is alleged that at least one person, accepted as a signatory approving a previous application for this development, denies having signed it. I ask that no historical signature is assumed to be accurate and that all previous signatories be asked again in 2025 whether they still approve, if they ever did, of the current planning application. Response: The above comments have been passed to the applicant for a response, who states that no evidence has been presented in support of a fraud claim. For the avoidance of doubt, the determination of a planning application does not involve 'approval' by third parties such as members of the public, neighbours, etc. All planning applications are determined by the planning authority in accordance with statutory procedures laid down in legislation (ie. The Town and Country Planning (Scotland) Act 1997 (as amended) and associated statutory instruments eg. The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013). The approval of a planning application for a similar development at the site in 2022 (ref. 21/01027/PP) was granted by the Local Review Body of North Ayrshire Council under the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013. This followed the initial refusal of the application by planning officers under North Ayrshire Council's Scheme of Delegation. As noted above, the planning permission which was granted in 2022 has now expired. The current planning application requires to be considered on its individual merits and determined in accordance with the development plan unless material considerations indicate otherwise as required by Section 25 of The Town and Country Planning (Scotland) Act 1997 (as amended). The development plan and other material planning considerations relevant to the case are discussed in the Analysis section below. 2. The petitioners and other residents of the Blacklands area of Kilwinning would doubtless be negatively impacted by the smells, disturbance and litter caused by a fast-food outlet and use of its accompanying open green space as a location to gather. The development of a fast-food shop is out of keeping with the character of this green area whose border would be built upon. This green area is quiet, not monitored, off camera and an ideal spot for people to meet and create disturbance. Experience of neighbourhoods where fast-food outlets are situated report them as a social nuisance with complaints of noise from extractors, gulls, smells from cooking, litter and social disorder associated with people gathering at the locations. Planned extractor fans are to take cooking smells out of the building and into our gardens at the edge of the green space. We are most upset that we will no longer be able to hang laundry out to dry in our gardens because of the smells of fried food. The shop is the epicentre of litter in Blacklands. Bins and delivery cages are kept in disorganised fashion against the side and front of the shop. The prevailing disregard displayed by the shop managers and their failure to maintain its environment does not bode well for another more litter-generating business to be run by this same management team. The police should be consulted on their resources for dealing with social disturbance and littering offences. These will be monitored and reported by the group of concerned residents represented here. Response: In response, the applicant advises that: 23
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25/00213/PP o filtration Systems would being installed to lessen the smell and eradicate any smells travelling. o CCTV installed monitors the surrounding area on a 24hr basis, any disturbances are picked up, appropriately dealt with and moved on. o 2 new litter receptacles are in place to manage the volume of litter. o the only green space is at the rear of the shop, which is currently used for residential parking. This is owned by the council and is considered to be in a dilapidated condition. o they strongly disagree the statement of the shop being the epicentre of litter in Blacklands. Staff at the shop have daily duties and responsibilities which include monitoring the perimeter and surrounding areas of the shop ensuring the litter in stored in the receptacles in place. The above points are noted. See NAC Environmental Health comments and Analysis, below. 3. The road layout surrounding Gagarin Terrace would lead to vehicles driving in a loop along Stobbs Crescent, Gagarin Terrace and Blacklands Avenue to visit the proposed take-away. These streets are designed for local residential access and particularly in the evenings, are parked on both sides by residents' cars so it is not clear where customers would be expected to find parking spaces. Response: The applicant states that they have "no control over the road layouts as are owned by the Council. There is sufficient parking in the streets for residents. If the Council were to upgrade the area owned by them at the rear of the property this would further encourage parking as intended purpose." See NAC Active Travel & Transport comments below. 4. The Kilwinning Town Plan prioritises town centre commercial development and utilisation of vacant units. There is already an abundance of fast-food outlets in Kilwinning making the proposed development not an added amenity but rather a negative impact amenity. Appeals for reinstatement of historic use are also ridiculous. We would not reinstate the Blacklands' ironworks and blast furnaces on the basis of historic land use and such a basis is not valid either for any other type of reversion. Planning looks forwards, not backwards and does so with regard to current policy. Response: It is not the case that the applicant seeks to reinstate a historic use. The application seeks planning permission to renew a consent which only recently expired. See Analysis below. 5. The Blacklands area of Kilwinning is an economically and health deprived area where overweight and obesity are prevalent. "an obesogenic environment is one where environmental factors play a role in diet and nutrition (as well as the amount of physical activity undertaken). These factors have a strong influence on the availability and consumption of food. In obesogenic environments inactivity and overconsumption of energy dense foods is easy, affordable and widely accepted, making an unhealthy lifestyle the default option". (Obesity Action Scotland 2024 Obesity Prevalence, Ayrshire and Arran). Maintaining a healthy weight is a key public health priority for Scotland. A Healthier Future: Scotland's Diet and Healthy Weight Delivery Plan1 published in July 2018, reminds us that ''leaders across all sectors are responsible for promoting healthy weight and diet'. Our policies do not exist in isolation from each other and town planning is at the heart of environmental impacts on health. 24
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25/00213/PP Response: The applicant states that "the shop will cater for healthier options, such as vegetarian options and dietary requirements." It must be noted that the planning system has no powers to regulate the types of food offered for sale either in retail shops, cafes, restaurants or hot food takeaways, regardless of their location within a settlement. However, Policy 27 of NPF4 does comment on the effects of non-retail services, such as hot food takeaways, with the potential to undermine the character and amenity of an area or the health and wellbeing of communities, particularly in disadvantaged areas. 6. Kilwinning Community Council may have been a suitable place for concerned residents to raise objections and KCC meets on the third Thursday of every month. That would have been the 17th May 2025. The planning application was made on 18th May with an announced deadline for response by 18th June. The community council does not meet again until 19th June. This crafty timing means that there is no Community Council meeting available for residents to attend and no public opportunity for the Community Council to carry out its statutory role of representing the community on this issue. I have been able only to reach out to the community council via email and they made and submitted a conclusion within this timeframe. Response: Kilwinning Community Council has made its own comments on the application. See below. 7. The existing local shop on Gagarin Terrace is owned and run by the applicant for planning for the take-away shop. The shop, it is alleged, previously ran a campaign to garner support for the development and to suppress objections. It is said that the applicant has a councillor friend involved in the approval process and it is further fatalistically believed that residents can now do nothing to stop this development. The persistence of the 22 year development process has generated a widespread sense of powerlessness amongst residents. No objection, they say, seems to be able to stop it. Some are frightened to object because they do not want to come into conflict with those who own and run the shop and they fear that if they object, they will subsequently be barred from the local shop. One objecting resident was silenced by the offer of a job. We point out only that these fears exist and draw comparisons between the opportunities and power of the applicant to suppress objections and the lack of equivalent powerful and safe opportunities for the articulation of objections. Response: The applicant refutes the above points and "strongly feel we have built a good, strong relationship with our customers over the past 6 years, whom return on a regular basis and continue to show us their support." They also state that they "do not understand or agree the comment regards to a job offer being made to silence someone." In conclusion, they state that "small businesses are the backbone of economy and although we are only creating a small opportunity, 4 or 5 staff, we feel this is a good contribution for the local community." Consultations: NAC Environmental Health - no objections to the development although have concerns relating to potential noise and cooking odours from the development. They advise that, if planning permission is granted, it should be subject to the following conditions. Conditions 25
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25/00213/PP 1. Prior to the commencement of the development, full details of the extraction system (including, where necessary, details of odour control and noise/vibration reduction measures) shall be submitted and approved in writing by North Ayrshire Council as Planning Authority. Details of the extraction system will be accompanied by written certification from a member of the Building & Engineering Services Association, or any other suitably qualified person, confirming that the extraction system, as designed: o is suitable for use in a catering environment. o will provide a suitable rate of extraction above all cooking appliances. o will sufficiently reduce or eliminate odours and efficiently extract products of combustion, considering the nature of the business, and will discharge to the external air in a suitable area to prevent odours affecting the residents of adjoining and surrounding dwellings. o has incorporated any necessary noise/vibration reduction measures to ensure operation of the system will not result in intrusive levels of noise affecting the residents of adjoining and surrounding dwellings. 2. The extraction system shall be fully installed and tested prior to the commencement of the operation, shall always be in operation when cooking appliances are in use and shall be maintained to the satisfaction of North Ayrshire Council as Planning Authority. (It is suggested that all information received by Planning Services pertaining to the extraction system should be passed to Environmental Health for review and comment before this recommended condition is discharged). 3. The rated noise level, as defined in BS4142, from the operation of plant/equipment e.g. extraction system and associated flues, must not exceed the background noise level by 5dB(A) or more at the curtilage of any noise sensitive property. In addition, the following observations have been made: 1. No information has been provided regarding noise or odour control measures incorporated into the ventilation/extraction system. 2. Except with the prior written agreement of the Environmental Health Service of North Ayrshire Council, permitted operating times for noisy demolition and/or construction works that are likely to cause a disturbance to neighbours shall be as follows: Monday-Saturday (except on a public holiday): 0800-1900 hrs. 3. Plant, machinery and operating methods should be selected and used in accordance with BS 5228: Noise Control on Construction and Open Sites and the Control of Pollution Act 1974 to minimise nuisance from noise and vibration. 4. Due to the proximity of occupied houses, the provision of electricity to the site compound by means of standard generator(s) is not appropriate between 2300 and 0700 hours. Any generator(s) provided on site must be capable of being operated so as to be inaudible within any nearby residential property. 5. Demolition and/or construction work must not cause nuisance or loss of amenity to neighbouring properties due to excessive noise or dust. 6. Any asbestos material encountered during demolition operations must be dealt with in accordance with all relevant legislation and codes of practice. 7. Appropriate arrangements must be made for the removal and proper disposal of waste materials off site. Burning waste on site is not permitted unless exempted by SEPA. Irrespective of any permitted SEPA exemptions, dark smoke or smoke nuisance must not be created at any time. 26
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25/00213/PP Response: Noted. Information has been provided in the application about the proposed ventilation system. Any further information, as may be required by Environmental Health, could be secured by condition if planning permission is granted. NAC Active Travel and Transportation - No objections. On street parking is available at this location. Response: Noted. The applicant notes that there are six spaces available to the front of the shop. There is also a hardstanding to the rear where parking takes place by residents. Kilwinning Community Council - As there are houses very close to the proposed takeaway, at the very minimum Kilwinning Community Council would suggest the conditions as given in the Local Review Body meeting of 23rd February 2022. The conditions related to the hours of operation (limited to between 3pm and 10pm each day); details of an alternative bin store location for both the existing shop and the takeaway; details of the cooking odour extraction system and the imposition of noise limits from fixed plant and the extraction system (i.e.. noise from plant shall not exceed the background noise level by 5dB(A) or more at the curtilage of any noise sensitive property). The reason for these conditions would be to protect the amenity of nearby residents. Response: Noted. Analysis The Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) supports, in principle, development proposals within North Ayrshire's towns and villages that support the social and economic functions of town centres by adopting a town centre first principle. This approach directs major new development and investment to town centre locations as a priority including supporting town centre living. Whilst the proposal is not major in scale, it nevertheless relates to a capital investment in the built environment of Kilwinning. The application therefore requires to be considered with reference to Policy 3 (Town Centres and Retail) in addition to Strategic Policy 2 (Placemaking). Firstly, in terms of Policy 3 (Town Centres and Retail), for development that has the potential to generate significant footfall, the Council will support proposals that have adopted a town centre first sequential approach. This includes a variety of uses and it is considered that the proposed hot food takeaway facility would fall under this type of development. Conversely, proposals which do not accord with Policy 3 may be contrary to the aims of the LDP. In this case, the application site is located approximately 600m outside of Kilwinning Town Centre (a ten minute walk) and is within a General Urban Area as identified in the LDP. Whilst it is noted that the proposal is small in terms of scale, the applicant has not demonstrated that consideration has been given to the town centre first sequential approach and no reasoned justification has been provided for discounting the relevant locations in the order of preference (ie. town centre sites, edge of town centre sites, other commercial centres, and out of centre locations that are, or can be made easily accessible by a choice of transport modes). Kilwinning town centre continues to experience high levels of vacanct retail and commercial units which can, at least in 27
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25/00213/PP part, be attributed to the availability of out-of-town retail and more recent trends towards online shopping. Secondly, the application site is located in the middle of a residential area. As noted above, it is located about 600m from the town centre or a 10 minute walk. The existing shop at Gagarin Terrace serves the immediate residential neighbourhood and is noted as being a local convenience store serving the Blacklands area. The shop already has the facility to make and sell hot takeaway food and there is a ventilation flue projecting through the rear wall. It is not considered necessary to provide a second hot food takeaway at this location given its relative proximity to Kilwinning town centre where there are vacant units that could accommodate a new business of this type. It is therefore considered that the proposed development would have a negative impact on the town centre by diverting investment away from where it is most needed to support the regeneration of Kilwinning town centre. In summary, the proposal would undermine the stated aim of Policy 3 (Town Centres and Retail) to support the social and economic functions of the town centre. Strategic Policy 2 states that all applications for planning permission should meet the qualities of successful places. The scale of the proposed hot food retail unit would be relatively small. It would occupy a parcel of land beside an existing single storey shop unit, previously used for the storage of bins and delivery cages. The design of the proposed building would be in-keeping with the appearance of the existing building both in terms of design, scale and external finishing materials. Due to the unkempt nature of the site, it is considered that the proposed building would likely enhance the appearance of the site. It is not considered that the proposal would result in any overlooking or overshadowing of neighbouring properties. The intended use of the building for a hot food takeaway is considered to be problematic in terms of impacts on residential amenity. It would be located close to nearby dwellinghouses, and in particular would be approx. 7.8m from the neighbouring house to the north. The proposed opening hours are not noted in the application. The previously consented development could have operated between the hours of 15:00 to 22:00 seven days per week. It is understood that the adjoining shop closes at 10pm. Details of the ventilation system have been provided in the application, although not to the extent requested by Environmental Health officers. It is noted that NAC Active Travel and Transport has not objected to the proposal. In terms of access, no dedicated parking is proposed. There is on street parking to the front of the shop and application site for up to 6 vehicles. There is a hard-surfaced road to the rear of the site which provides access to a number of domestic garages. Due to the small scale of the proposal and the likelihood that it would primarily serve the surrounding residential area, with many houses within walking distance, it is not considered that the proposed development would lead to a significant increase in vehicular traffic into the Blacklands area, although such as use could generate many vehicle trips from within the locality and for deliveries further away. Hot food takeaways, by their nature, involve short term parking and typically generate frequent trips over the course of the business hours by customers and, in many cases, delivery vehicles. It is considered that the siting of a hot food takeaway which would operate for up to 7 hours per day 7 days per week within such close proximity to houses would adversely impact residential amenity in terms of additional noise, disturbance, cooking odours and traffic generation from mid-afternoon into the late evening hours. The proposal is therefore contrary to Strategic Policy 2: Placemaking. 28
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25/00213/PP NPF4 has been part of the development plan since 13th February 2023 and requires consideration. Policy 27 is of particular relevance to the proposed development. Part b) of Policy 27 states that: "development proposals will be consistent with the town centre first approach. Proposals for uses which will generate significant footfall, including commercial, leisure, offices, community, sport and cultural facilities, public buildings such as libraries, education and healthcare facilities, and public spaces: i. will be supported in existing city, town and local centres, and ii. will not be supported out with those centres unless a town centre first assessment demonstrates that: - all centre and edge of centre options have been sequentially assessed and discounted as unsuitable or unavailable; - the scale of development cannot reasonably be altered or reduced in scale to allow it to be accommodated in a centre; and - the impacts on existing centres have been thoroughly assessed and there will be no significant adverse effect on the vitality and viability of the centres. Part c) states that: "development proposals for non-retail uses will not be supported if further provision of these services will undermine the character and amenity of the area or the health and wellbeing of communities, particularly in disadvantaged areas. These uses include: i. Hot food takeaways, including permanently sited vans; ii. Betting offices; and iii. High interest money lending premises." As discussed above, it is considered that the proposed development would have an adverse impact on Kilwinning town centre, which continues to have a high vacancy rate. There are a number of premises currently available for sale or lease which would be potentially suitable for hot food use within Kilwinning town centre, which is within a 10 minute walk of the application site. In addition, the development of a hot food takeaway in the middle of a residential area would likely have adverse impacts on the amenity of local residents, as discussed above. The application site is within an area of Kilwinning that is ranked within the most deprived 10% of data zones in Scotland (source: Scottish Index of Multiple Deprivation 2020), making it a disadvantaged area. The proposal is therefore considered to be contrary to Policy 27 of NPF4. Turning to other material considerations, it is considered that these are as follows: - The LRB decision to grant during 2022; - The commencement of the development after the expiry of the planning permission; - The strength of the objections. Taking each in turn, it remains the case that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Since the decision was taken by the Local Review Body in 2022, the Scottish Government has produced NPF4 which requires to be assessed as part of the development plan. As discussed above, it is not considered that the proposed 29
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25/00213/PP development accords with Policy 27 of NPF4. Indeed, any proposal which would undermine Kilwinning town centre by diverting investment and footfall elsewhere is considered contrary to NPF4 given the national policy requirement for a Town Centre First approach to new development and uses. Town centres are recognised in NPF4 as a national asset. Whilst noting that the development commenced after the expiry of the planning permission, it is evident that the extent of the work that was carried out is limited to the excavation of trenches for foundations. A complaint was received several days after work commenced and the applicant stopped immediately to enable a further application to be submitted and considered. The applicant had been unaware that the permission had expired and took steps to regularise the matter by submitting a further application for the Council's consideration. The applicant's cooperative response to the circumstances is noted and indeed welcomed. However, notwithstanding these actions, this does not outweigh the fact that the proposed development remains contrary to the development plan. With the introduction of NPF4, the proposed development is arguably more contrary to the development plan than was the case previously. Furthermore, there is now a considerable body of objection to the proposed development from a number of local residents. The concerns which have been raised reinforce the policy position that the proposed development would be inappropriately sited and likely to cause harm to residential amenity. The applicant has responded to all of the points raised in the objections. In support of the proposed development, the applicant states that 4 -5 jobs would be created. They also state that cooking odours would be addressed through a modern and efficient extraction system. This could be subject to a planning condition as recommended by Environmental Health and Kilwinning Community Council. In conclusion, the proposal does not accord with the relevant policies of the LDP. The material considerations that have been identified, such as job creation and the mitigation of cooking odours would not outweigh this. Therefore, planning permission should be refused. 30
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25/00213/PP Decision Refused Case Officer - Mr A Hume 31
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25/00213/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan - Block Plan / Site Plan A001 Existing Plans and Elevations A002 Proposed Plans and Elevations A003 Other - Other - Other - Other - 32
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