Tennox Farm Report and Apps 1 - 3
North Ayrshire Council · 25 January 2023
Back to Local Review Body — 25 January 2023 and its agenda
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NORTH AYRSHIRE COUNCIL 25 January 2023 Local Review Body Title: Notice of Review: 22/00331/PP - Kilbirnie, Tennox Farm 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 22/00331/PP for an Erection of dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospective) at Tennox Farm, Kilbirnie. 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 including Location Plan; Appendix 2 - Report of Handling; and Appendix 3 - 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 (both objectors to the planning application and statutory consultees) 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 Craig Stewart, Committee Services Officer, on 01294 324130. Background Papers 0
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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 100609069-001 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 James Harper Architect James Harper Langstilly Road Langslie PA12 4DR Scotland Lochwinnoch
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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 TENNOX FARM Gareth North Ayrshire Council Wilson Dalry Road Tennox Farm KILBIRNIE KA25 6LX KA25 6LX Scotland 652395 Kilbirnie 230019
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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) Erection of dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospective) See the attached supporting documentation. Detailed site investigation works including the drilling of site boreholes has only been carried out and a detailed report prepared by the environmental consultant. It was only a desktop study that was available at the time of submission. The lack of this information was a material factor in the grounds for refusal of the application.
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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 If there are reasons why you think the local Review Body would be unable to undertake an unaccompanied site inspection, please explain here. (Max 500 characters) Application Cover letter. Support Statement. Site Investigation and Borehole Report - Mason Evans Partnership Ltd. N/22/00331/PP 06/09/2022 Access to the farm is controlled by electrically - keypad - operated gates. Access is freely available by arrangement with applicant or agent. 13/06/2022
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Page 5 of 5 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. 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 Harper Declaration Date: 01/12/2022
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Mr James Harper James Harper Architects The Langslie Lochwinnoch Renfrewshire PA12 4DR Our ref: 16 November 2022 Dear James LETTER ON MINERAL INVESTIGATIONS TENNOX FARM, KILBIRNIE PLANNING REF No: 22/00331/PP Introduction In October 2022, we were requested by James Harper Architects on behalf of Mr Gareth Wilson (the Client), to investigate the shallow mining conditions below the site in relation to a proposed residential development (refer to Appendix A). The purpose of our investigation was to provide comment in relation to the possible presence of shallow mine workings below the site and whether a ground stability risk exists. In June 2022, we undertook a Mining Risk Assessment at the site (report included in Appendix B) which concluded that the proposed development is at potential risk of mineral instability as a result of shallow (unrecorded) mine workings. As such, mineral investigations were recommended to confirm (or otherwise). The Coal Authority did not record any mine entries within 50 m of the proposed house. Intrusive Mineral Bore Investigations Based on the initial knowledge of coal seams potentially underlying the site at shallow depths, we undertook intrusive mineral investigations to confirm, the presence of historical shallow underground mining activities. In November 2022, 3 No. mineral bores (BH1 to BH3) were sunk (by Phoenix Drilling Ltd) to a maximum depth of 35.00 m bgl within the development area. Rockhead was encountered between 23.70 m bgl and 26.60 m bgl. A copy of the mineral bore logs are included in Appendix C and the findings are summarised on Table 01 below. Table 01 – Summary of Mineral Investigations Borehole Depth Encountered (m bgl) Thickness (m) Comments BH1 0.00 24.60 Superficial Deposits (boulder clay) 24.60 35.00 SANDSTONE and SILTSTONE BH2 0.00 23.70 Superficial Deposits (boulder clay) 23.70 35.00 SANDSTONE and SILTSTONE BH3 0.00 26.60 Superficial Deposits (boulder clay) 26.60 35.00 SANDSTONE and SILTSTONE
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Mr James Harper 2 16 November 2022 The mineral bores did not record any evidence of coal seams or shallow mine workings, proven to 35 m below existing site levels. Mine Gas Risk The recent CL:AIRE publication entitled; ‘Good Practice for Risk Assessment for Coal Mine Gas Emissions, dated October 2021’ has been consulted during our mine gas risk assessment, with reference made to the ‘Design Support Tool for Mine Gas Risk Assessment’. In accordance with the preliminary assessment procedures outlined in Figure 13.1, we have assessed the proposed development site as being within a ‘low risk zone’, given that mine workings exist between (minimum) 35 m and 150 m but are covered by 10+ m of low permeability superficial deposits (i.e. boulder clay) and any recorded mine entries are >50 m from the site boundary. In addition, The Coal Authority do not record any known mine gas emissions within 500 m of the site (refer to Appendix C). Furthermore, upon completion of the recent drilling works, the bores were fully backfilled with a cement bentonite grout to prevent any potential gas pathways from future developing. Given the above, we consider that the proposed development area is at low risk of potential mine gas emissions. Conclusions The superficial soils recorded boulder CLAY deposits, proven to be approximately 25 m thick. The Coal Authority have recorded mine workings to exist below the site at 95 m (at its shallowest). Mineral boreholes sunk within the development area did not identify any evidence of shallow coal seams or shallow mine workings to a depth of 35 m. We therefore can conclude that the proposed development area is not at risk of mining related ground instability in relation to historical underground mine workings to a depth of 35 m. There were no records of mine entries within the defined planning area or immediate surrounding area. Finally, in accordance with the CL:AIRE guidance ‘Good Practice for Risk Assessment for Coal Mine Gas Emissions’, and based on the recorded ground conditions (i.e. low permeability clay deposits to 25 m depth underlain by sandstone / siltstone to minimum 35 m depth, with no shallow mine workings present) plus information from The Coal Authority (i.e. no mine entries within 50 m or records of mine gas within 500 m), we consider that the proposed development area is at low risk of potential future mine gas emissions. In respect of historical mining therefore, no further works are considered necessary. Hopefully the above is self-explanatory, but if there are any queries please do not hesitate to contact the undersigned. Yours sincerely MASON EVANS PARTNERSHIP LIMITED Patrick Barry Managing Director Encs
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Appendix A Site Location Plan
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Appendix B Phase 1 Mining Risk Assessment Report (Mason Evans Partnership, 1st Edition, June 2022)
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Appendix C Record of Mineral Bore Logs plus Location Plan (Phoenix Drilling Ltd, November 2022)
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 0.10 0.90 2.40 Level (m) Legend Stratum Description # Red chips (MADE GROUND). # Rubble fill (MADE GROUND). # Soft brown CLAY. # Dark BOULDER CLAY with cobbles and large boulders. 1 2 3 4 5 6 7 8 9 10 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH01 RO CG 1:50 Sheet 1 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 25.00 139 35.00 115 Casing Diameter Depth Base Diameter 25.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) Level (m) Legend Stratum Description # Dark BOULDER CLAY with cobbles and large boulders. 11 12 13 14 15 16 17 18 19 20 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH01 RO CG 1:50 Sheet 2 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 25.00 139 35.00 115 Casing Diameter Depth Base Diameter 25.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 25.60 Level (m) Legend Stratum Description # Dark BOULDER CLAY with cobbles and large boulders. # White SANDSTONE. 21 22 23 24 25 26 27 28 29 30 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH01 RO CG 1:50 Sheet 3 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 25.00 139 35.00 115 Casing Diameter Depth Base Diameter 25.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 31.00 35.00 Level (m) Legend Stratum Description # White SANDSTONE. # Grey SILTSTONE. End of Borehole at 35.000m 31 32 33 34 35 36 37 38 39 40 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH01 RO CG 1:50 Sheet 4 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 25.00 139 35.00 115 Casing Diameter Depth Base Diameter 25.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 0.10 1.80 Level (m) Legend Stratum Description # Red chips (MADE GROUND). # Soft brown CLAY. # Dark BOULDER CLAY with cobbles. 1 2 3 4 5 6 7 8 9 10 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH02 RO CG 1:50 Sheet 1 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 24.00 139 35.00 115 Casing Diameter Depth Base Diameter 24.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) Level (m) Legend Stratum Description # Dark BOULDER CLAY with cobbles. 11 12 13 14 15 16 17 18 19 20 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH02 RO CG 1:50 Sheet 2 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 24.00 139 35.00 115 Casing Diameter Depth Base Diameter 24.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 24.60 Level (m) Legend Stratum Description # Dark BOULDER CLAY with cobbles. # White SANDSTONE. 21 22 23 24 25 26 27 28 29 30 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH02 RO CG 1:50 Sheet 3 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 24.00 139 35.00 115 Casing Diameter Depth Base Diameter 24.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 31.20 35.00 Level (m) Legend Stratum Description # White SANDSTONE. # SILTSTONE. End of Borehole at 35.000m 31 32 33 34 35 36 37 38 39 40 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 09/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH02 RO CG 1:50 Sheet 4 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 24.00 139 35.00 115 Casing Diameter Depth Base Diameter 24.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 0.20 1.80 Level (m) Legend Stratum Description # Grass turf (MADE GROUND). # Soft brown CLAY. # Dark BOULDER CLAY with cobbles and large boulders. 1 2 3 4 5 6 7 8 9 10 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 10/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH03 RO CG 1:50 Sheet 1 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 23.00 139 35.00 115 Casing Diameter Depth Base Diameter 23.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) Level (m) Legend Stratum Description # Dark BOULDER CLAY with cobbles and large boulders. 11 12 13 14 15 16 17 18 19 20 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 10/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH03 RO CG 1:50 Sheet 2 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 23.00 139 35.00 115 Casing Diameter Depth Base Diameter 23.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 23.70 Level (m) Legend Stratum Description # Dark BOULDER CLAY with cobbles and large boulders. # White SANDSTONE. 21 22 23 24 25 26 27 28 29 30 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 10/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH03 RO CG 1:50 Sheet 3 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 23.00 139 35.00 115 Casing Diameter Depth Base Diameter 23.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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Well Water Depth (m) Type /FI Type/FI Coring TCR TCR SCR SCR RQD RQD Diam eter Recovery (SPT) D/R/(SPT) Depth (m) 31.20 35.00 Level (m) Legend Stratum Description # White SANDSTONE. # SILTSTONE. End of Borehole at 35.000m 31 32 33 34 35 36 37 38 39 40 Rotary Core Log Project Name: Tennox Farm Client: Mason Evans Partnship Date: 10/11/2022 Location: Kilburnie Contractor: Phoenix Drilling Limited Project No. : 4446 Crew Name: RC Drilling Equipment: Fraste XL Borehole Number Hole Type Level Logged By Scale Page Number BH03 RO CG 1:50 Sheet 4 of 4 Remarks # Description based on drillers records. Inspection pit dug to 1.20m and CAT scanned. Borehole backfilled with Bentonite and grout upon completion. Hole Diameter Depth Base Diameter 23.00 139 35.00 115 Casing Diameter Depth Base Diameter 23.00 139 Chiselling Depth Top Depth Base Duration Tool Inclination and Orientation Depth Top Depth Base Inclination Orientation Drilling Flush Depth Top Depth Base Type Colour Min (%) Max (%) 1.20 35.00 Water 100
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1 Construction a new residential dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospectively) at Tennox Farm, Dalry Road, Kilbirnie, KA25 6LX. Mr. Gareth Wilson. Planning Ref : 22/00331/PP This statement is in support of the application for review of the Planning Refusal decision made by the Planning Department for the above development. The statement sets out to demonstrate the grounds on which the decision was made were unjustified and requests that the review board overturns the decision. The grounds on which the Planning Application was refused were stated as follows: 1) The proposed development would be contrary to the provisions of the North Ayrshire Local Development Plan Strategic Policy 1 (the Countryside Objective) in respect of the following: The locational need for a new house has not been established, given the presence of other domestic buildings at Tennox Farm. The site is not within an established grouping of at least 4 dwellings which existed in January, 2005. The site is not a gap site between existing buildings, nor would the development consolidate or round off the established grouping, and the house has encroached onto agricultural land beyond the original steading at Tennox. In architectural terms, the design is not considered exceptional, bespoke or site specific in terms of the associated ‘Housing in the Countryside Note’ of June ,2021. It is not considered that there is sufficient justification for the proposed development nor have any other material considerations been identified that would outweigh the provisions of the LDP. 2) The proposed Development would be contrary to the provisions of the North Ayrshire Council Local Development Strategic Policy 2 (Placemaking) in respect of the following qualities of a Successful Place: Safe and Pleasant: The policy highlights that proposed development, “sufficiently investigates and responds to any issues of ground instability”. In response to the submitted risk assessment report, significant concerns have been raised by the Coal Authority due to historical coal working and transient mine gas. The suitability of the chosen site for the house in terms of the health and safety of current and future occupants is therefore inconclusive. Resource Efficient: The policy highlights that resource efficiencies can be achieved “by re-using or sharing existing resources and by minimising their future depletion”. With regard to the submitted information, it does not appear that consideration has been given to re-using or sharing existing building resources at Tennox to meet the applicant’s requirements for on-site accommodation to manage the business enterprises. The failure to consider alternatives at an early stage in the design process has resulted in the erection of a dwellinghouse on previously undeveloped agricultural land which cannot be supported in policy terms.
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2 In response to the foregoing statements, I would refer to the original support documents submitted with the Planning Application. These clearly demonstrate the locational need for the new house at Tennox Farm given the holiday letting business activities as well as the equestrian and agricultural demands on the farm. It is the applicant’s principal residence and he is required to be at the farm to manage the various operations as well as providing a security presence It is accepted that there are other residential properties on the farm as referred to by the Planning Department. I can confirm that serious consideration was given by the applicant to the use of one of these properties for occupation, however, as it was explained these properties are ‘rental’ properties and form part of the holiday letting business and all of which are required to maintain a viable concern. Notwithstanding the foregoing, it should be noted there are considerable economic benefits to the local community resulting from the holiday letting business with visitors from outwith the district using the local shops, and facilities all of which is to the advantage of the area. With regard to the siting of the house I would submit that the existing 4 dwellings form a well- defined cluster of development and that the proposed house blends with this cluster. The house in fact faces directly to the existing gatehouse and forms traditional courtyard enclosure with this building. The house design is also in keeping with the existing other houses in the farmstead with the use of similar materials, features, finishings, etc. I submit therefore that there is sufficient justification in support of the locational need for the development and its siting within the existing building group. The second ground stated for refusal of the development was that it would be contrary to the provisions of the North Ayrshire Local Development Plan Strategic Policy 2 in respect of the following categories: Safe and Pleasant. This refers to the consultation response from the Coal Authority who raised concerns due to suspected historical coal workings. Following the original submitted risk assessment report further site investigation works were instructed and a series of boreholes were carried out by the specialist contractor Phoenix Drilling Ltd under the instruction and supervision of the Environmental Consultant, Mason Evans Partnership Ltd. A detailed record and account of the results of the boreholes was reported by the consultant and a copy of this report is attached to this statement. In summary the boreholes did not encounter any evidence of mine workings and the report concludes “that the proposed development area is not at risk of mining related ground instability in relation to historical underground mine workings to a depth of 35m”. They have also stated that the “proposed development area is at low risk of potential mine gas emissions”. Resource Efficient. Quoting from the council policy resource efficiencies can be achieved by ‘re-using or sharing existing resources and by minimising their future depletion’. The house location and footprint is actually formed on the base of a former intended stable block outbuilding within a hard landscaped yard which was present since 2016. The house is accessed by means of the existing private driveway leading from the public road and serviced entirely by private utilities infrastructure in the farmstead and therefore does not
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3 impact or deplete existing resources. The loss of agricultural land which is stated as a ground for refusal was in the circumstances minimal and did not affect any environmental or ecological features. Photographs of Front Yard at Tennox Farm taken in September, 2016,s showing the outline of the stable block foundation which was incorporated into the house footprint. 15th. September, 2016. It is further noted that, again as mentioned in the original planning application support statement, it is the applicant’s intention to carry out landscaping works which would complement the existing building layout with tree and hedge planting and not only to provide a long-term visual impact on the setting but also for the appreciation of future generations and assist the wildlife ecology. On a similar vein it is intended to carry out significant renewable energy measures including photovoltaic panel installation, wind power generation and electricity battery storage which would service all the properties. Given the nature and the close grouping of the buildings the return benefits would be outstanding for the outlay incurred leading towards greater self- sufficiency.
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REPORT OF HANDLING Reference No: 22/00331/PP Proposal: Erection of dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospective) Location: Tennox Farm, Kilbirnie, Ayrshire, KA25 6LX ---------------------------------------------------------------------------------------------------------------- LDP Allocation: Countryside/Rural Community LDP Policies: SP1 - The Countryside Objective / Strategic Policy 2 / Detailed Policy 14-Green & Bue Infrastr / Detailed Policy 29 - Energy Infrastructu / ---------------------------------------------------------------------------------------------------------------- Consultations: Yes Neighbour Notification: Neighbour Notification carried out on 14.06.2022 Neighbour Notification expired on 05.07.2022 Advert: Regulation 20 (1) Advert Published on:- 22.06.2022 Expired on:- 13.07.2022 Contrary to Development Plan Published on:- 22.06.2022 Expired on:- 13.07.2022 ---------------------------------------------------------------------------------------------------------------- Previous Applications: 06/00850/PP for Change of use of byres including alterations and extensions to form 2 dwelling houses Approved subject to Conditions on 27.02.2007 18/00273/PP for Conversion of outbuildings to form 2 no dwelling houses and widening of access driveway (retrospective) Approved with no Conditions on 10.05.2018 Appeal History Of Site: Relevant Development Plan Policies SP1 - The Countryside Objective The Countryside Objective We recognise that our countryside areas play an important role in providing homes, employment and leisure opportunities for our rural communities. We need to protect our valuable environmental assets in the countryside while
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22/00331/PP promoting sustainable development which can result in positive social and economic outcomes. We want to encourage opportunities for our existing rural communities and businesses to grow, particularly on Arran and Cumbrae, and to support these areas so that they flourish. We also recognise that, in general, countryside areas are less well suited to unplanned residential and other developments because of their lack of access to services, employment and established communities. We will seek to protect our prime and locally important agricultural land from development except where proposals align with this spatial strategy. In principle, we will support proposals outwith our identified towns and villages for: a) expansions to existing rural businesses and uses such as expansions to the brewery and distillery based enterprises in the area. b) ancillary development for existing rural businesses and uses, including housing for workers engaged in agriculture or forestry. c) developments with a demonstrable specific locational need including developments for renewable energy production i.e. wind turbines, hydroelectric schemes and solar farms. d) tourism and leisure uses, where they would promote economic activity, diversification and sustainable development, particularly where they develop our coastal tourism offer/ infrastructure. e) developments which result in the reuse or rehabilitation of derelict land or buildings (as recognised by the Vacant and Derelict Land Survey) for uses which contribute to the Green and Blue Network such as habitat creation, new forestry, paths and cycle networks. f) sensitive infilling of gap sites consolidating existing developments where it would define/provide a defensible boundary for further expansion. g) small-scale expansion of settlements on Arran and Cumbrae for community led proposals for housing for people employed on the island, where a delivery plan is included, and infrastructure capacity is sufficient or can be addressed by the development and where the proposal meets an identified deficiency in the housing stock and is required at that location. All proposals will be expected to demonstrate the identified housing need cannot be met from the existing housing land supply. h) new housing in the countryside where it is a replacement or converted building or it is a house of exceptional design quality. i) sympathetic additions to existing well-defined nucleated groups of four or more houses (including conversions) in close proximity to one another and visually identifiable as a group with some common feature e.g. shared access. Additions will be limited to 50% of dwellings existing in that group as of January 2005 up to a maximum of four new housing units (rounded down where applicable). Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy.
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22/00331/PP These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity. Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi- functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re- using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. Detailed Policy 14-Green & Bue Infrastr Policy 14: Green and Blue Infrastructure
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22/00331/PP All proposals should seek to protect, create, enhance and/or enlarge our natural features and habitats which make up our green and blue infrastructure (including open space), ensuring no unacceptable adverse environmental impacts occur. Green and blue infrastructure should be multi-functional, accessible and integral to its local circumstances. For example, Sustainable Urban Drainage Systems (SuDS) have the potential to play a key role in the delivery of meaningful blue and green infrastructure, providing amenity and improving biodiversity as well as providing a sustainable flood risk solution. We will require details of the proposed arrangements for the long-term management and maintenance of green infrastructure, and associated water features, to form a key part of any proposal. Our Open Space Strategy (2016-2026) highlights the need for an audit which identifies valued and functional green and blue infrastructure or open space capable of being brought into use to meet local needs. We will support the temporary use of unused or underused land as green infrastructure including where it consists of advanced structure planting to create landscape frameworks for future development. Support will be given to proposals which seek to enhance biodiversity from new development where possible, including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats. We will also support proposals that are in accordance with the vision and outcomes of the Central Scotland Green Network as well as those of the Garnock Connections Project. Detailed Policy 29 - Energy Infrastructu Policy 29: Energy Infrastructure Development We will support development proposals for energy infrastructure development, including wind, solar, tidal, cropping and other renewable sources, where they will contribute positively to our transition to a low carbon economy and have no unacceptable adverse environmental impacts, taking into consideration (including cumulatively) the following: Environmental o Communities and individual dwellings - including visual impact, residential amenity, noise and shadow flicker; o Water quality; o Landscape - including avoiding unacceptable adverse impacts on our landscape designations; o Effects on the natural heritage - including birds; o Carbon rich soils including peat; o Impacts on the historic environment - including scheduled monuments, listed buildings and their settings. Community o Establishing the use of the site for energy infrastructure development; o providing a net economic impact - including socio-economic benefits such as employment, associated business and supply chain opportunities; o Scale of contribution to renewable energy generation targets; o Public access - including impact on long distance walking and cycling routes and scenic routes identified in the National Planning Framework; o Impacts on tourism and recreation; o Specific locational opportunities for energy storage/generation.
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22/00331/PP Public Safety o Greenhouse gas emissions; o Aviation and defence interests and seismological recording; o Telecommunications and broadcasting installations - particularly ensuring that transmission links are not compromised; radio telemetry interference and below ground assets; o Road traffic and adjacent trunk roads; o Effects on hydrology, the water environment and flood risk including drinking water quality and quantity (to both the public and private water supplies); o Decommissioning of developments - including ancillary infrastructure, and site restoration and aftercare. Proposals should include redundancy plans which will demonstrate how apparatus will be timeously removed as reasonably soon as the approved scheme ceases operation. There may be a requirement for financial bonds to ensure that decommissioning can be achieved. Taking into consideration the above, proposals for wind turbine developments should accord with the Spatial Framework (as mapped) and consider the current Landscape Capacity Study for Wind Farm Development in North Ayrshire. This study will be used as a point of reference for assessing all wind energy proposals including definitions of what small to large scale entails. Buildings: Low and Zero Carbon Generating Technology Proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. A statement will be required to be submitted demonstrating compliance with this requirement. The percentage will increase at the next review of the local development plan. This requirement will not apply to: 1. Alterations and extensions to buildings 2. Change of use or conversion of buildings 3. Ancillary buildings that stand alone and cover an area less than 50 square metres 4. Buildings which will not be heated or cooled, other than by heating provided solely for frost protection. 5. Buildings which have an intended life of less than two years. Description The application seeks retrospective planning permission for the erection of a 1.5 storey house, garden ground and associated outbuildings on a greenfield site to the east of Tennox Farm in the rural area to the south of Kilbirnie. Over a period of around 12 years, Tennox Farm has been developed by its current owners for various purposes, such as short and long term letting accommodation (including holiday homes), storage, equestrian and yard developments. The
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22/00331/PP developments have typically been undertaken without planning permission, which have then been applied for retrospectively. In most instances, this has resulted in planning permission having been granted for unauthorised development. Tennox Farm is accessed from the B780 road which links Kilbirnie to Dalry via a gated private driveway. During March 2022, enforcement notices were served on the owners in respect of various unauthorised uses and developments at Tennox following authorisation by the Council's Planning Committee in February 2022. An appeal was lodged by the site owners with Scottish Ministers in respect of an enforcement notice which required the reinstatement of an area of agricultural land which had been in use as a large yard area. The appeal was dismissed by the Scottish Ministers. With regard to the dwellinghouse that is the subject of this report, an enforcement notice was served requiring the submission of a planning application before the end of April 2022. The intention was to provide the owners with the opportunity to submit an application and to enable due consideration to be given to the development in terms of statutory planning procedures. The 295 square metre house is located on greenfield agricultural land towards the east of the original Tennox steading and outbuildings. On plan, the house has an L- shape. On one wing, there is a large open plan family/kitchen and living room with vaulted ceiling. On the other wing, there are five bedrooms (three downstairs and two upstairs) as well as bathroom/WC facilities. Externally the house has been finished using buff coloured stone with a natural (Spanish) slate roof topped with terracotta ridge tiles. The slatework contains a number of decorated pattern features. There is also a decorative clock tower with a weather vane projecting from the rooftop. The east facing roof slope has three large dormer windows with glazed doors leading onto balconies. Parking for the house has been provided to the west on a large area surfaced with stone chippings. There is an extensive landscaped garden area to the east and north of the house which includes a large pergola with stone columns, a large timber outbuilding and a smaller timber 'barbeque hut' building as well as lawns and planting. Further landscaping is proposed within the garden area, including native tree planting, to give the house a more established and mature setting. The land to the east, south and north of the site is open countryside. The site provides panoramic views over the landscape especially from the east and north garden areas. As noted above, the land to the west consists of other buildings and land associated with Tennox Farm. In support of the application, the following documents have been provided: - Planning Supporting Statement (April 2022); - Additional Supporting Statement (August 2022); - Coal Mining Risk Assessment. In summary, the supporting statements make the following points: - The applicant undertook the construction of the new dwelling house and ancillary buildings during the height if the Covid-19 Pandemic;
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22/00331/PP - It is acknowledged that planning permission should have been sought prior to embarking on construction and as such the Applicant is now seeking to address the planning breach; - Tennox Farm is an established rural business and the new house and outbuildings accommodate the Applicant, who works on site at the farm; - The new house accords with The Countryside Objective of the LDP as the dwelling house is ancillary to the existing operations within the farm holding, which include the management of short/long term residential rentals, the new riding arena and the management of livestock (10 cattle). There has been no loss or prime agricultural or forestry land nor has there been an impact on any land or features of environmental or ecological interest; - There is considered to be a specific locational need as the house supports the holiday accommodation located within the site as well as farming activities; - The house is considered to be sensitive, unobtrusive, high-quality professionally designed and in-keeping with the existing farm buildings; - The house and outbuildings are not visible from the B784, which rises up a hill to the west of the farm, and is not located within a national or locally designated sensitive landscape area. Neither is the house visible from the B780 to the east; - The new house forms part of a small cluster of existing residential and commercial buildings and is serviced entirely by private utilities including gas, electricity, clean and wastewater, which is stored via a septic tank. The application requires to be considered in terms of Strategic Policy 1 (The Countryside Objective), Strategic Policy 2 (Placemaking), Policy 14 (Green and Blue Infrastructure), Policy 29 (Low and Zero Carbon Energy) and the Housing in the Countryside Note of June 2021. Consultations and Representations The application was subject to the statutory neighbour notification process, and included a notice in a local newspaper. No representations were received. Consultations NAC Active Travel and Transportation - no objections. In terms of the Guidelines for Development Roads, a maximum of 5 houses can be served off a private access in a rural location. There is sufficient parking and turning space within the confines of the site. Response: Noted. There are a number of other houses at Tennox, at least one of which is known to be used as a holiday let, with others let out on longer tenancies. In addition, there are stables/riding arena, a large storage facility and an unauthorised construction yard. The supporting information states that there are also agricultural activities which take place, such as cattle grazing. Whilst the total number of houses does not exceed 5, there are other uses at Tennox which would result in traffic generation. Nonetheless, the junction with the B780 has been designed and constructed to provide sufficient space for two way traffic entering/exiting the site. Sightlines at the junction are also adequate. NAC Environmental Health - no objections subject to a condition that the applicant must ensure that the existing septic tank/small-scale sewage treatment plant to serve the development is of adequate capacity for the intended purpose and be capable of operating efficiently without giving rise to nuisance. Effluent soakaways must not be in located in the proximity of private water extraction sites. In addition, it should be noted that the Phase 1 Mining Risk Assessment by Mason Evans
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22/00331/PP submitted in support of the application concludes that the proposed development area is potentially at risk of ground stability as a result of historical (unrecorded) shallow mine workings. Mineral bore investigations are therefore recommended to confirm, or otherwise. The applicant should satisfy themselves to this effect. Response: Noted. In the event of planning permission being granted, the recommended condition could be attached. See also Coal Authority response, below. The Coal Authority - no objections subject to conditions. The submitted report by Mason Evans confirms that there is evidence of workings in shallow coal seams below the site. The report confirms that without an intrusive investigation, it is impossible to establish whether there is sufficient rock cover to afford the stability of the development. The report therefore concludes that the drilling of boreholes will be necessary to identify any remedial measures. Notwithstanding the above, and in noting the retrospective nature of the application, the Coal Authority's records indicate that shallow coalmine workings underlie the site at a very shallow depth and that sufficient competent rock cover above the workings may not exist to afford the stability of the dwelling. New development and construction activity clearly has the potential to trigger new ground movement and the dwelling, as built, may therefore be at significant risk of collapse. Transient mine gases may also pose a risk to the health and safety of any future occupants. Please note that permission is required from the Coal Authority Permit and Licensing Team before undertaking any activity, such as ground investigation and ground works, which may disturb coal property. Response: Noted. The matters raised would suggest that prior investigation of ground conditions should have taken place in advance of any development taking place. The comments stating there is "significant risk of collapse" are of particular concern. However, in the event of planning permission being granted, the recommended conditions could be attached. Analysis In terms of the adopted LDP, the site is located within a rural area allocated as countryside. The proposal therefore requires to be considered in terms of Strategic Policy 1 (The Countryside Objective). Strategic Policy 2 (Placemaking), Policy 14 (Green and Blue Infrastructure), Policy 29 (Low and Zero Carbon Energy) and the Housing in the Countryside Note of June 2021 are also relevant considerations. The Countryside Objective can support housing in the rural areas of North Ayrshire in a number of circumstances. Notwithstanding the arguments put forward in the applicant's supporting statement, it is considered that the following criteria are those most directly relevant to housing developments: Criterion (i) states that sympathetic additions to existing well-defined nucleated groups of four or more houses in close proximity to one another and visually identifiable as a group with some common feature will be supported, up to a limit of 50% of dwellings existing in that group as of January 2005. Tennox Farm originally had one house with planning permission having been granted for two additional dwellings (through conversion of existing buildings) in February 2007 under ref. 06/00850/PP. The permission was not implemented and lapsed in February 2011. Despite this, works were carried out to convert the outbuildings to form 2 dwellings, with permission then granted retrospectively in
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22/00331/PP 2018 under ref. 18/00273/PP. The history of the site therefore indicates that there was just one house at Tennox Farm in January 2005. Under this criterion, there is no opportunity for permitting the development that has taken place. With regard to criterion (f), which provides support for the sensitive infilling of gap sites consolidating existing developments where it would define/provide a defensible boundary for further expansion, it is noted that the land was in agricultural or equestrian use before the development took place. It has taken place on land far beyond the edge of the original Tennox steading on a separate and distinct area that is linked by modern access roads and landscaped ground. However, historically, there were also coal workings below the ground at Tennox. These are not visible from ground level other than the coal bing which lies a short distance to the north of the site. Of particular concern is that The Coal Authority has raised a number of concerns, including shallow coal workings which pose risks of ground instability as well as the risks to occupants from transient mine gas. In conclusion, it is not considered that the application site constitutes a gap site, and given the potential risks to ground stability, it may not be an appropriate location even if it were. The remaining criterion within The Countryside Objective is that of (h), new housing in the countryside where it is a replacement or converted building or it is a house of exceptional design quality. The proposal involves new build rather than conversion. It is not considered that the house as built is of exceptional design quality. This conclusion has been reached having given consideration to the Housing in the Countryside Note of June 2021. Section 5.5 states that there may be a presumption in favour when the following are met: - A design led approach that achieves bespoke, one-off homes which embrace contemporary architecture whilst being identifiable within an Ayrshire and Scottish context, potentially referencing the history and cultural setting of the site or its locality in the design. - High quality materials utilised throughout the proposal. - Site specific access, where possible formed from existing entrance points. - Sensitive boundary treatment which blends with existing landscape features. - Keep window and door openings consistent. Section 5.5 also states there should be a presumption against in the following circumstances: - Avoid contemporary design that 'could be anywhere' - the intention of the policy is to produce exceptional design quality that is appropriate for a North Ayrshire context, whether coastal, rural or island. - Avoid over complicated facades, avoid excess decoration. In this case, it is considered that the design concept does not equate to a bespoke one-off home: it is an L-shaped stone and slate house with no special architectural merit or distinction. There are some similarities in terms of the design to the housing within the Tennox Farm steading, especially in relation to the external finishes of sandstone, slate and decorative features. However, the site itself is within an expansive rural area beyond the original developed area around Tennox Farm, where additional housing creates sporadic and unplanned development, regardless of design. There is no evidence within the application to suggest how the design has evolved nor how it has any site specific nor local architectural relevance. The application was submitted in response to complaints that it had been built without planning permission, and was not, therefore, subject to any pre-application
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22/00331/PP advice which would have provided an opportunity to discuss both the principle of development and potential design options. Had such discussions taken place, it is doubtful that the submitted design would have come forward, nor would have a site been selected where the risk of ground instability is considered to pose a significant risk to the health and safety of its occupants. With respect to the matters raised in the supporting statement that the house has a specific locational need to be at Tennox for the management of a holiday letting business as well as other activities (equestrian and agricultural), it is noted that the applicant owns all of the properties within Tennox Farm. As such, there appear to be options available to meet the need for a site managers or workers dwellinghouse without the need for the house that has been built. Furthermore, the site is not in a remote location and is within easy reach of the nearby settlements of Kilbirnie (1.5 miles) and Dalry (2 miles). In summary, the proposal would not, therefore, accord with Strategic Policy 1 (The Countryside Objective). Strategic Policy 2 (Placemaking) sets out the Six Qualities of a Successful Place which all planning applications are expected to meet. The stated purpose of the policy is to ensure "all development contributes to making quality places". Strategic Policy 2 also states that "the policy also safeguards, and where possible enhances environmental quality through the avoidance of adverse environmental or amenity impacts." A brief comment on each of the Six Qualities of A Successful Place follows below: Welcoming The proposed house has been sited with its main elevation facing onto a private courtyard at Tennox Farm. The house would be approached from the south via a private driveway access surfaced in gravel. Distinctive The house differs in its form from the original farm buildings at Tennox, having a large footprint on a modern L shaped plan, in contrast with the more compact buildings elsewhere that have been sited in a cluster. Safe and Pleasant The policy highlights that proposed development "sufficiently investigates and responds to any issues of ground instability." As noted above, this matter has been investigated by Mason Evans Partnership as part of the application. In response to the submitted risk assessment report, significant concerns have been raised by The Coal Authority, raising the question as to the suitability of the chosen site for the house. Whist such issues could potentially be overcome through intrusive investigation and (if necessary) remediation works, it is also noted that the house occupies previously undeveloped rural land beyond the edge of the existing steading at Tennox. As such, the house has contributed to the spread of sporadic and unplanned development around Tennox Farm. For the reasons discussed above, it is not considered there is adequate justification for doing so. Notwithstanding the above, it is unlikely that there would be any significant adverse impacts on the nearby housing in terms of direct overlooking or overshadowing, and
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22/00331/PP its landscape impacts are not significant due to its relatively low height, which is further mitigated by its setting on a low plateau and back from the edge of the hillside. Resource Efficient The application does not provide any information in relation to the efficient use of resources. The policy highlights that resource efficiencies can be achieved "by re- using or sharing existing resources and by minimising their future depletion." It does not appear that consideration has been given to re-using or sharing existing building resources at Tennox to meet the applicant's requirements for on-site accommodation to manage the business enterprises. Easy to Move Around and Beyond The site is located in a rural location which is not well served by walking or cycling routes. The B780 is a bus route although there is no bus stop nearby. Adaptable Not relevant. It is therefore considered that the development would not accord with Strategic Policy 2. Policy 14 (Green and Blue Infrastructure) This policy notes that all proposals should seek to protect, create, enhance and/or enlarge our natural features and habitats, and makes provision for including new features that would improve biodiversity. As the site has already been developed, there are no natural features remaining. However, the proposal includes hedgerow and tree planting to create new natural features and habitats potentially suitable for a variety of wildlife. In the event of planning permission being granted, a condition could be attached. Policy 29 (Energy Infrastructure Development (Buildings)) In the event of planning permission being granted, a condition could be attached to meet the requirements of Policy 29, which applies to the erection of new buildings such as dwellinghouses. In conclusion, it is not considered that the house has a specific locational need, nor is it within an established rural grouping of at least 4 houses which existed prior to January 2005. The house has not been built on a gap site. Furthermore, the design is not sufficiently bespoke nor original to meet with the objectives of Countryside Objective criterion (h) or the Housing in the Countryside Note of June 2021. Finally, it is known that the site has shallow coal workings close to ground level which may pose a risk to health and safety to its occupants at some point in the future, with concerns having been expressed by the Coal Authority. Taking all of these factors together, it is not considered that the applicant's arguments in support of the application can be accepted. There are no other material considerations that would warrant a departure from the provisions of the development plan. In conclusion, since there is no justification to grant the application in terms of the LDP, which is not outweighed by other material considerations, planning permission should be refused.
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22/00331/PP Decision Refused Case Officer - Mr A Hume
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22/00331/PP Appendix 1 - Drawings relating to decision Drawing Title Drawing Reference (if applicable) Drawing Version (if applicable) Location Plan PL 00 Block Plan / Site Plan PL 01 Proposed Floor Plans PL 02 Proposed Elevations PL 03
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Caitriona McAuley : Head Of Service (Economic Development & Regeneration) No N/22/00331/PP (Original Application No. N/100559011-001) 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 : Mr Gareth Wilson c/o North Planning & Development Fao Emma Moore Tay House 300 Bath Street Glasgow G2 4JR With reference to your application received on 13 June 2022 for planning permission under the above mentioned Acts and Orders for :- Erection of dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospective) at Tennox Farm Kilbirnie Ayrshire KA25 6LX North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning permission on the following grounds :-
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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 Caitriona McAuley : Head Of Service (Economic Development & Regeneration) 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.