Agenda Document Pack - Local Review Body - 22/02/2023

North Ayrshire Council · 22 February 2023
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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, 22 February 2023 at 14:15 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 of the Local Review Body
held on 25 January 2023 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: 22/00454/PP – Arran, Whiting Bay, Dippenhead
Farm
Submit report by the Head of Democratic Services on a Notice of Review
submitted by the applicant in respect of a planning application refused by
officers under delegated powers (copy enclosed). 
4 Urgent Items
Any other items which the Chair considers to be urgent.
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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 seating areas will not be filmed. However,
by entering the Council Chambers, using the press or public seating area
or (by invitation) participating remotely in this meeting, you are consenting
to being filmed and consenting to the use and storage of those images and
sound recordings and any information pertaining to you contained in them
for webcasting or training purposes and for the purpose of keeping
historical records and making those records available to the public. If you
do not wish to participate in a recording, you should leave the
meeting.  This will constitute your revocation of consent.
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. 
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
Local Review Body Sederunt 
Robert Foster (Chair)
Timothy Billings (Vice-Chair)
Scott Davidson
Stewart Ferguson
Cameron Inglis
Amanda Kerr
Davina McTiernan
Jim Montgomerie
Ian Murdoch
Chloe Robertson 
Chair: 
Apologies: 
Attending: 
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Local Review Body Committee
25 January 2023 
At a Meeting of the Local Review Body Committee of North Ayrshire Council at 4.40
p.m. involving a combination of participation by remote electronic means and physical
attendance within the Council Chambers, Irvine 
Present (Physical Participation)
Robert Foster, Timothy Billings, Stewart Ferguson and Cameron Inglis 
Present (Remote Participation)
Amanda Kerr and Chloé Robertson 
In Attendance
Iain Davies, Senior Development Management Officers (Planning); R. Lynch,
Senior Manager, J. Niven, Solicitor (Legal Services), H. Clancy, C. Stewart and
S. Wilson Committee Services Officers (Democratic Services) (Chief
Executive’s Service). 
Chair
Councillor Foster in the Chair. 
Apologies
Scott Davidson, Davina McTiernan, Jim Montgomerie and Ian Murdoch. 
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 26 October were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
3. Notice of Review: 22/00454/PP- Dippenhead Farm, Whiting Bay, Arran 
Submitted 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 Senior Manager (Legal Services) advised the Committee that the Notice of
Review related to an alternative site which the Committee could not consider. 
The Committee unanimously agreed to continue the Notice of Review to the next
meeting for further information to be submitted relating to the original planning
application decision. 
Councillor Billings left the meeting at this point. 
Agenda Item 2
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4. Notice of Review: 22/00331/PP- Tennox Farm, Kilbirnie
Submitted 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, Planning Decision Notice were provided as appendices to the report.
The Planning Adviser to the Local Review Body summarised the Notice of Review
submitted by the applicant, the Report of Handling submitted by the appointed
officer, the representations received and policies affecting the application. The
Planning Adviser advised that no site visit or hearing had been requested by the
applicant.
Councillor Foster, seconded by Councillor Kerr, moved that the Local Review Body
uphold the officer’s decision to refuse the application for the reasons outlined in the
Decision Notice. There being no amendment the motion was declared carried.
5. Notice of Review: 22/00540/PP- Site to the Northwest of Bankside Farm,
Kilbirnie
Submitted 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, Planning Decision Notice, further representations and the applicant’s
response to the further representations were provided as appendices to the report.
The Planning Adviser to the Local Review Body summarised the Notice of Review
submitted by the applicant, the Report of Handling submitted by the appointed
officer, the representations received and policies affecting the application. The
Planning Adviser advised that no site visit or hearing had been requested by the
applicant.
Councillor Inglis, seconded by Councillor Robertson, moved that the Local Review
Body uphold the officer’s decision to refuse the application for the reasons outlined in
the Decision Notice. There being no amendment the motion was declared carried.
The meeting ended at 5.05 p.m.
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NORTH AYRSHIRE COUNCIL
22 February 2023
Local Review Body
Title: Notice of Review: 22/00454/PP - Arran, Whiting Bay,
Dippenhead 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 22/00454/PP for a
change of use for the temporary siting of a static caravan to enable the development of
agricultural land and eco-tourism business at Dippenhead Farm, Whiting Bay, Arran.
The Notice of Review was continued from the meeting of the Local Review Body held
on 25 January 2023 for further information to be submitted in relation to the original
planning application decision.
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(a)  - Notice of Review;
Appendix 1(b) -  Additional Information
Appendix 2 - Report of Handling;
Appendix 3 - Location Plan; and
Appendix 4 - Planning Decision Notice.
3. Proposals
3.1 The Local Review Body is invited to consider the Notice of Review.
Agenda Item 3
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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 Diane McCaw, Committee Services Officer, on
01294 324133.
Background Papers
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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 100576995-004
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
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: *
Mr
duncan
Dowie Whiting Bay
Wildwood Croft
KA27 8RJ
North Ayrshire
Arran
Largiemeanochwildwood croft ltd
Appendix 1(a)
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Page 2 of 5
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
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.
DIPPENHEAD FARM
Change of use for temporary sitting of a static caravan to enable development of agricultural land and eco-tourism business
North Ayrshire Council
LARGIEMEANOCH
MAIN STREET
BRODICK
ISLE OF ARRAN
624232 204935
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Page 3 of 5
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)
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? *
Provided as a separate document in "Supporting Documents" section
We have had time to observe the site and surrounding area which has led us to propose a new and hopefully better site for the
static caravan in addition to changing the aesthetics of the caravan to enhanced the current environment and character of the site
proposed new caravan siten1 to 1250 scale pdf PLANNING REVIEW Nov 2022 A. Bill doc.
22/00454/PP
22/08/2022
22/06/2022
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Page 4 of 5
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
Please indicate what procedure (or combination of procedures) you think is most appropriate for the handling of your review. You may
select more than one option if you wish the review to be a combination of procedures.
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with? (Max 500 characters)
Please select a further procedure *
Please explain in detail in your own words why this further procedure is required and the matters set out in your statement of appeal it
will deal with? (Max 500 characters)
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.
Holding one or more hearing sessions on specific matters
By means of inspection of the land to which the review relates
We would appreciate the opportunity to present ourselves and our proposal and discuss specific issues
It may be beneficial to have a site visit by the review persons in order to clearly visualize the current land situation, the old chicken
shed and where the newly proposed caravan site is - in addition to the wider environment and business plans.
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Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mr duncan Dowie
Declaration Date: 21/11/2022
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We are submitting new information in regards to the proposal of a siting a static caravan within the
boundaries of wildwood croft,  the initial location and submission of the plan , had to be slightly
altered due to the negative impacts of health and safety on the original site. 
We put our caravan on our land during our 28 day planning rule , that allowed us to move and live in
the caravan for 28 days during which we would await the planning outcome , in which we felt we
had a good proposal. During investigation works done by a Scottish power engineer on Arran we
found underground power lines and over head power lines , near the site in the red box plan, this
was deemed unsafe , and was advised to move the caravan away from said power lines. We moved
the caravan 20 metres away in front of the large  barn , in its nature a mobile home is a moveable
site and we felt that by moving it away from the stream , and further away from the road there
would be no real material changes to the original planning and to the objections ,raised by planning ,
especially in regards to flooding,  Unfortunately these investigation works needed to be carried out
once we had possession of the land and were in a time scale of selling our  house , buying and
moving a caravan onto the land , and enrolling our daughter in school so time scales and logistical
moving were squeezed and this is why the investigation work carried  out was during the decision
making of the planning officer ,  but  we felt the small movement did not breach any planning
directives as a mobile home can be constantly moved to satisfy any issues that may arise , but the
refusal of the planning for the original proposal has in our belief no bearing in were the caravan is
now 
Regards 
Dr Anwen Bill
Duncan Dowie
Appendix 1(b)
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NEW SITE     ORIGINAL SITE
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REPORT OF HANDLING
Reference No:   22/00454/PP
Proposal: Change of use for temporary sitting of a static
caravan to enable development of agricultural land
and eco-tourism business  
Location: Dippenhead Farm, Largiemeanoch, Whiting Bay,
Ayrshire KA27 8RJ
----------------------------------------------------------------------------------------------------------------
LDP Allocation: Countryside/Rural Community
LDP Policies: SP1 - The Countryside Objective / Strategic Policy
2 / 
----------------------------------------------------------------------------------------------------------------
Consultations:   Yes
Neighbour Notification: Neighbour Notification carried out on 23.06.2022
Neighbour Notification expired on 14.07.2022
Advert: Regulation 20 (1) Advert 
Published on:- 08.07.2022
Expired on:-     29.07.2022 
----------------------------------------------------------------------------------------------------------------
Previous Applications: 03/00680/PP for Widening of access road to field
and erection of a portacabin (retrospective)
Approved subject to Conditions on 17.05.2005
08/00964/PP for Modification of condition 4 of
planning approval N/03/00680/PP to retain
portacabin for agricultural use Application Refused
on 30.06.2009
18/01034/PP for Conversion of redundant
agricultural building to form dwelling house LRB
Dismissed on 21.01.2019
20/00077/PP for Conversion of redundant
agricultural building to form dwelling house Local
Review Requested on 26.03.2020
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
Appendix 2
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22/00454/PP
in providing homes, employment and leisure opportunities for our rural communities.
We need to protect our valuable environmental assets in the countryside while
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
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22/00454/PP
successful places, contained in this policy. This is in addition to establishing the
principle of development in accordance with Strategic Policy 1: Spatial Strategy.
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.
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22/00454/PP
Description
Planning permission is sought for the siting of a static caravan for a temporary
period to provide a residential base to enable the applicants to restore and improve
the surrounding agricultural land and existing barn to form a new crofting business.
The eventual proposed business detailed in the supporting information relates to the
former farm of c.16.5 hectares extending to the south and west but this application
relates only to the site of c.1000m2 immediately to the west of the C147 road. The
site is c.400m south of the settlement boundary of Whiting Bay.
The caravan has already been sited and is a static white residential caravan of
standard design, measuring c.11m x 3.7m and 3m high. It is sited in an elevated
position at the northeast of the site c.8m west of, and parallel to, the C147 which
runs along the east side of the site and is accessed via the existing field access
gate. Power is taken from the adjacent barn to the west. The applicants claim that
this is not the final position of the caravan within the site.
The site is agricultural in character and slopes uphill from east to west. It is adjoined
by agricultural land to the north and west. Uphill to the west is a steel clad
agricultural shed and a dilapidated timber former chicken shed; to the south is a
recently built detached house (18/00615/PP); to the east, across the A841 are
established dwellinghouses.
STATEMENTS
The application was accompanied by a Supporting Statement and a Design and
Access Statement which describe plans for the future proposals for the site and the
qualifications and personal circumstances of the applicants which have led them to
the current proposal.
The Reports state that the surrounding land had been previously used and classed
as agricultural for many years, formerly as Dippenhead Farm, and that the
applicants' intentions are to continue that use and to take on the agricultural holding
number if possible. The aim is ultimately to create a family run croft producing
woodland products and organic vegetables, eggs and honey through the
incorporation of a sustainable blend of socio-agro-environmental techniques,
thereby enhancing biodiversity for wildlife and humans.
The future proposals include: creation of an additional 12 acres of native woodland
planting and forestry; creation of a minimum 2 FTE jobs with seasonal increases and
forecast rising future employment; Annual Reporting on changing bio-diversity and
carbon sink estimates; monitoring of bird, invertebrate and plant diversity before and
during to demonstrate how sustainable organic vegetable and fruit production using
'no dig hügelkultur' is, and will become, as climate and weather changes now and in
the future. The aim is for the holding to be an example of carbon neutral, organic
agricultural produce.
Future plans also include sustainable eco-tourism with up to 10 cabins in the
woodland, woodland creation, management and access, forest garden and
woodland trails. The intention being to involve and educate people and enhance
access for the community and community projects and provide a safe, demand free
space for children and carers dealing with anxiety and/or autism. Future livestock
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22/00454/PP
would include highland cows, goats, pigs, chickens, goats, two horses for
conservation grazing, honey bees and a wormery for organic farming.
APPLICANTS
The applicants are a family group, one of whom has a PhD in Ecology and is
employed by the Scottish Government Agricultural Census as a Statistician and one
who has qualifications in Animal Biology.  The owners also have over 20 years'
experience in the leisure and catering industry managing successful hospitality
businesses.  The Statements claim that these experiences have led to the proposal
to create this sustainable agriculture and eco-tourism business which will lead to the
creation of at least two full time employment positions.
In terms of the justification for the siting of a caravan, the Statements claim the need
for the applicants' to sell their home elsewhere and move to live on the land to
undertake the work to prepare the land for the introduction of livestock and ensure
the wellbeing of the livestock. It is claimed there is a lack of affordable
accommodation elsewhere on Arran and no available rentals. 
One of the applicants is registered disabled retired and while he can and will work
on the land, he cannot also reasonably manage this with a commute to reach the
site as well as he needs the ability to pace himself and rest for periods as required
throughout the day as his condition demands it.  It is claimed a caravan onsite would
allow this. 
A temporary consent is therefore sought for a period of three years to allow the
business to become established.  The applicants would thereafter apply for a
permanent residence at the site.
The site is located the countryside, as identified within the Adopted 2019 North
Ayrshire Council Local Development Plan ("the LDP") and is unaffected by any site-
specific policies or proposals therein. Strategic Policy 1: Spatial Strategy (the
Countryside Objective) of the LDP is relevant, as is Strategic Policy 2: Placemaking.
PLANNING HISTORY
There has been previous agricultural use of the site including agricultural sheds built
under Permitted Development rights in 2004 (04/00702/AN) and 2007
(07/00009/AN).  
There has also been consent given previously for a temporary portacabin for
agricultural purposes in 2003 (03/00680/PP) although an application to retain it
permanently was later refused in 2008 (08/00964/PP).
Planning permission for conversion of a former agricultural building on the site to
form a residence has been previously refused twice. 18/01034/PP was refused in
January 2019 as contrary to the Local Development Plan and that refusal was
upheld by the Local Review Board of the Council on 30th July 2019.  
A pre-application (20/00077/PP) was then made in January 2020 on the basis that a
new Local Development Plan had been adopted in the interim period, that an
adjacent approved house site to the south was then being built and that these were
material considerations which justified re-application and that the proposal complied
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with the policies of the new Adopted LDP.  Planning permission was again refused,
and that refusal was upheld by the Local Review Board in September 2020.
Consultations and Representations
The statutory neighbour notification was carried out and the application was
advertised in the local press (Arran Banner).  No objections have been received.
CONSULTATIONS
NAC ACTIVE TRAVEL AND TRANSPORT: No objection on transport related
grounds, subject to conditions regarding visibility splays at the junction with the
public road and requiring the private access/driveway to be hard surfaced and
designed so as to prevent water issuing onto the public road.  
Response: Noted.  Appropriate planning conditions and informative notes could be
applied to any planning permission.
Analysis
Section 39 of the Town and Country Planning (Scotland) Act 1997, as amended,
requires that, in dealing with planning applications, the planning authority shall have
regard to the development plan and to any other material considerations.
The determining consideration in this application is whether it would be an
appropriate site for residential use.  It is noted that the LDP does not allocate any
land for the temporary siting of residential caravans and each such case must be
considered on its individual merits.  
The main determining issues in the application are therefore considered to be
whether the development accords with Strategic Policy 1: The Countryside Objective
and Strategic Policy 2: Placemaking of the 2019 Adopted North Ayrshire Local
Development Plan and whether any other material considerations indicate that
planning permission should be granted.
The site is within the Countryside area and the Countryside Objective of Strategic
Policy 1 sets out circumstances in which residential proposals outwith Towns and
Villages can be supported in principle.  These include:
Criterion (b): ancillary development for existing rural businesses and uses, including
housing for workers engaged in agriculture or forestry.  In response to this criterion it
is noted that there is no existing agricultural business at the site;
Criterion (h): new housing in the countryside where it is a replacement or converted
building or it is a house of exceptional design quality. None of these considerations
apply to this proposal; and
Criterion (i) sympathetic additions to existing well-defined nucleated groups of four
or more houses in close proximity and visually identifiable as a group.  It is noted
that additional houses have previously been approved and subsequently built under
this policy (15/00189/PP) and that the adjacent group has therefore reached its limit
for expansion under the policy.
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22/00454/PP
The principle of residential use at the site does not therefore accord with Strategic
Policy 1: the Countryside Objective of the LDP. 
Strategic Policy 2: Placemaking requires that development proposals meet the
qualities of successful places which are outlined in the policy without significant
adverse environmental or amenity impacts.  The six qualities of a successful space
outlined in the policy are:
Distinctive: proposals should draw on positive characteristics of the surrounding
area, including building forms, landscapes, spaces and scales etc.
Safe and Pleasant: proposals should create attractive places by providing a sense of
security and creating a pleasant positive sense of place by promoting visual quality
and should respect the amenity of existing and future users;
Resource Efficient: proposals should maximise the efficient use of resources;
Welcoming: proposals should consider future users of the site and make the most of
gateway features to and from a development;
Adaptable: proposals should ensure that the design is adaptable to the needs of
future users of a site; and
Easy to Move Around and Beyond: proposals should consider connectedness of
sites for people before motor vehicles and prioritise sustainable and active travel
choices.
The siting of a static caravan would be a piecemeal form of development and would
not satisfactorily deliver on any of the above qualities.  It would not therefore
improve on or add to the sense of Place of the surrounding area and given this
consideration, the proposal does not accord with Strategic Policy 2 Placemaking.
Given the foregoing, the proposed siting of a residential caravan does not accord
with the relevant Local Development Plan policies.
The previous planning history of the site is also a material consideration which
indicates that this location has at several points been considered and found not to
be suitable for residential use.
The personal circumstances of an applicant, ie. the medical need to be present at
the site in this case, are rarely a material planning consideration which outweighs
the non-compliance with the Local Development Plan and are not considered as
such in this case, given the short distance to the settlement of Whiting Bay where
options for residential accommodation, including an established caravan park, can
be found.  
The proposed wider re-development of the associated land has not been considered
in detail in this application which is for the siting of a temporary caravan, but it is not
considered that the proposed re-use of the land or the potential creation of two jobs
(presumably for the applicants) is a material consideration sufficient to outweigh the
above conclusion that the proposal does not accord with the Local Development
Plan.
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Planning permission should therefore be refused.
Decision
Refused
Case Officer - Mr Neil McAteer
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Appendix 1 - Drawings relating to decision
Drawing Title Drawing Reference
(if applicable)
Drawing Version
(if applicable)
Block Plan / Site Plan
Proposed Plans and
Elevations
Location Plan
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Appendix 3
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Appendix 4
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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.
27