Agenda Document Pack - Local Review Body - 24/01/2024

North Ayrshire Council · 24 January 2024
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE         
Local Review Body 
A Meeting of the Local Review Body of North Ayrshire Council will be held in the
Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on
Wednesday, 24 January 2024 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 20 September 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: 23/00533/PP: Skelmorlie: 9 Eglinton Terrace
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
20 September 2023
At a Meeting of the Local Review Body of North Ayrshire Council at 3.20 p.m. involving a
combination of participation by remote electronic means and physical attendance within
the Council Chambers, Irvine.
Present (Physical Participation)
Robert Foster, Stewart Ferguson, Cameron Inglis, Davina McTiernan, and Chloe
Robertson.
Present (Remote Participation)
Timothy Billings and Amanda Kerr.
In Attendance
A. Hume and I. Davies, Senior Development Management Officers and J. Mack, Planning
Officer (Place); R. Lynch, Senior Manager and J. Niven, Solicitor (Legal Services), and S.
Wilson, Committee Services Officer (Democratic Services) (Chief Executive’s Service).
In Attendance (Remote Participation)
D. McCaw, Committee Services Officer (Democratic Services) (Chief Executive’s Service).
Chair
Councillor Foster in the Chair.
Apologies
Scott Davidson, 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 23 August 2023 were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act
1973.
3. Notice of Review: 23/00309/PPP: Mid Lambroughton Farm: by
Cunninghamhead
The Senior Manager (Legal Services) advised the Local Review Body that the Notice of
Review had been due to be considered on 23 August 2023. However, following the
omission of papers at that stage, advice was given that the Review be continued to
today’s meeting. Representations had been received from the applicant in connection
with the determination of the Review and the Senior Manager advised that it was in order
to proceed to consider the matter in terms of timescales.
Agenda Item 2
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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 and Planning Decision Notice, were provided as appendices to the report.
Additionally, information relative to the statement of case, as submitted by the Agent on
behalf of the Applicant and which had been inadvertently omitted from the report
submitted to the Local Review Body on 23 August 2023, was also provided.
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 and
the information submitted by the Agent on behalf of the Applicant. The Planning Adviser
advised that the applicant stated within the summary of ground of appeal that the Local
Review Body was invited to visit the site if they so wished.
Members asked a question and were provided with clarification that the application
related solely to the principle of building a house in the site location.
The Local Review Body unanimously agreed that enough information had been provided
to determine the review request and that a site visit was not required.
Councillor Billings, seconded by Councillor Inglis, moved that the Local Review Body
uphold the officer’s decision to refuse planning permission on the grounds outlined in the
Decision Notice. There being no amendment the motion was declared carried.
Accordingly, the Local Review Body agreed to uphold the officer’s decision and refuse
planning permission.
4. Notice of Review: 23/00254/PP: 6 Alton Way, West Kilbride
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 and 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 and the Report of Handling submitted by the appointed officer.
The Planning Adviser advised that no site visit of hearing had been requested by the
applicant.
The Local Review Body unanimously agreed that enough information had been provided
to determine the review request.
Councillor Foster, seconded by Councillor Kerr, moved that the Local Review Body
uphold the officer’s decision to refuse planning permission on the grounds outlined in the
Decision Notice. There being no amendment the motion was declared carried.
Accordingly, the Local Review Body agreed to uphold the officer’s decision and refuse
planning permission.
The meeting ended at 3.45 p.m.
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NORTH AYRSHIRE COUNCIL
24 January 2024
Local Review Body
Title: Notice of Review:  23/00533/PP: 9 Eglinton Terrace,
Skelmorlie
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 23/00533/PP for
the erection of a detached dwellinghouse on a site to the west of St Margarets, 9
Eglinton Terrace, Skelmorlie.
2.2 The application was refused by officers for the reasons detailed in the Decision
Notice.
2.3 The following related documents are set out in the appendices to the report:
Appendix 1 - Notice of Review documentation;
Appendix 2 - Report of Handling;
Appendix 3 - Location Plan; and
Appendix 4 - Planning Decision Notice.
3. Proposals
3.1 The Local Review Body is invited to consider the Notice of Review.
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
0
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Appendix 1 -
Notice of Review Documentation
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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
ST MARGARETS
Howard
North Ayrshire Council
Kettle
9 EGLINTON TERRACE
SKELMORLIE
PA17 5ER
667075 219461
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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)
Proposed new build house within grounds of 9 Eglinton Terrace
See attached Appendix A
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Page 4 of 5
Please provide a list of all supporting documents, materials and evidence which you wish to submit with your notice of review and intend
to rely on in support of your review. You can attach these documents electronically later in the process: * (Max 500 characters)
Application Details
Please provide the application reference no. given to you by your planning
authority for your previous application.
What date was the application submitted to the planning authority? *
What date was the decision issued by the planning authority? *
Review Procedure
The Local Review Body will decide on the procedure to be used to determine your review and may at any time during the review
process require that further information or representations be made to enable them to determine the review. Further information may be
required by one or a combination of procedures, such as: written submissions; the holding of one or more hearing sessions and/or
inspecting the land which is the subject of the review case.
Can this review continue to a conclusion, in your opinion, based on a review of the relevant information provided by yourself and other
parties only, without any further procedures? For example, written submission, hearing session, site inspection. *
 Yes  No
In the event that the Local Review Body appointed to consider your application decides to inspect the site, in your opinion:
Can the site be clearly seen from a road or public land? *  Yes  No
Is it possible for the site to be accessed safely and without barriers to entry? *  Yes  No
Checklist – Application for Notice of Review
Please complete the following checklist to make sure you have provided all the necessary information in support of your appeal. Failure
to submit all this information may result in your appeal being deemed invalid.
Have you provided the name and address of the applicant?. *  Yes  No
Have you provided the date and reference number of the application which is the subject of this  Yes  No
review? *
If you are the agent, acting on behalf of the applicant, have you provided details of your name  Yes  No  N/A
and address and indicated whether any notice or correspondence required in connection with the
review should be sent to you or the applicant? *
Have you provided a statement setting out your reasons for requiring a review and by what  Yes  No
procedure (or combination of procedures) you wish the review to be conducted? *
Note: You must state, in full, why you are seeking a review on your application. Your statement must set out all matters you consider
require to be taken into account in determining your review. You may not have a further opportunity to add to your statement of review
at a later date. It is therefore essential that you submit with your notice of review, all necessary information and evidence that you rely
on and wish the Local Review Body to consider as part of your review.
Please attach a copy of all documents, material and evidence which you intend to rely on  Yes  No
(e.g. plans and Drawings) which are now the subject of this review *
Note: Where the review relates to a further application e.g. renewal of planning permission or modification, variation or removal of a
planning condition or where it relates to an application for approval of matters specified in conditions, it is advisable to provide the
application reference number, approved plans and decision notice (if any) from the earlier consent.
Appendix A
23/00533/PP
12/10/2023
13/07/2023
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Page 5 of 5
Declare – Notice of Review
I/We the applicant/agent certify that this is an application for review on the grounds stated.
Declaration Name: Mrs Julie Mills
Declaration Date: 20/12/2023
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APPENDIX A
9 EGLINTON TERRACE - (Original Application No. N/100635643-001)
8 – Statement
I understand that my application for planning was rejected due to "The proposal would significantly harm the
visual amenity of the wider area". I respectfully disagree with this point as similar modern bungalows are sited
next door along Eglinton Terrace west boundary and next door along Annetyard Road on the south boundary
(there are similarly modern properties to the north boundary also), both these roads contain properties that
do not align with my property in terms of visual impact and therefore I do not understand Council reasoning
that my application should be rejected on the basis of "visual amenity".
Secondly, the Council noted within its rejection "The proposed siting of the development would have a
detrimental impact on the setting of the listed building". The siting of my proposed small single storey dwelling
is on the lower slope of the front garden area and would be served by an existing entrance onto Eglinton
Terrace. Because of the sloping nature of the ground, the proposed dwelling would be mostly hidden from
view from occupants of 9 Eglinton Terrace with the added help of landscaping and vegetation planting further
shielding and naturally forming a barrier/screen.
Thirdly, in respect of Policy 2 – Placemaking, I believe that the proposed bungalow will comply with the 6
subsections contained within Policy 2;
Distinctive – the proposed bungalow will be sited to take into account the sloping topography, the existing
mature landscape will enhance the appearance of the proposed bungalow and along 2 elevations – South and
West the occupants of the bungalow will have views and a very pleasant outlook, enhancing their satisfaction
and wellbeing. Materials and colours will be used to ensure similarity with 9 Eglinton Terrace the existing
dwelling.
Safe and Pleasant – The proposed bungalow will have ample off-street parking, good garden space, utilize
existing stone wall boundary fencing and gates. The siting of the bungalow and neighbouring properties will
mean no adverse impacts in terms of privacy, sightlines, excess traffic and because of the existing boundary
walls there is clear distinction between public and private spaces. The proposed bungalow should not impact
local crime at all due to security of boundary and gates.
Resource Efficient – the proposed bungalow will maximise usage of the existing mature garden, use existing
access and egress and has no flood issues. By using existing garden space there is no impact on green belt type
space.
Welcoming – the proposed bungalow will be sited within a large mature garden with much mature bushes and
trees and will be welcoming for occupants set in attractive surroundings.
Adaptable – the site has considered future users; any users will have a greenspace that is private and secure
and there will be no proposed changes to that.
Easy to Move Around and Beyond – the bungalow will be sited by a public road, that is both walkable and
driveable and as well as easy to cycle.
Fourthly, in respect of Policy 10 – Listed Buildings. Although the proposed bungalow does not involve
restoration of a Listed Building as such, it does involve the re-use of garden that is part of a Listed Building. The
Listed Building will not be detracted from, as the garden surrounds the Listed Building and is substantial and
will remain of substantial size and nature. This Policy 10 seems to be written primarily around the ‘Building’
and issues, not the surrounding land and as such may not be relevant to the proposed bungalow.
Fifthly, in respect of Policy 7 of the Ayrshire LDP, I don’t believe that the proposed bungalow would come
under any of the subclause a-o. The proposed bungalow does not involve any work to the existing property, 9
Eglinton Terrace, nor is the garden within a conservation area, nor is the garden of national importance and a
schedule monument is not involved etc. nor does the proposed bungalow have a ‘significant impact on historic
assets’.
Sixthly, in respect of Policy 14 of the Ayrshire LDP, I understand that this Policy is based around outcomes such
as; quality places, spaces and environments – places that have healthy and pleasant characteristics etc. I
believe that due to the mature garden and abundance or trees and bushes that the setting for the proposed
bungalow delivers in terms of this Policy. The site for the bungalow will undeniably promote mental well being
and safety, it is within the village and has a very walkable environment with very pleasant walk route to the
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village stores. The intended bungalow design will endeavour to include colours and materials etc, that mix well
with the environment, although the existing bungalows surrounding 9, Eglinton Terrace mentioned above do
not ‘mix’ with the existing environment. Due to the fact that the proposed bungalow will be single story, it will
be easily adaptable, suit the elderly population and potential those with a disability or wheelchair reliant and
reduce any impact on existing roadway. 
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Caitriona McAuley : Head Of Service (Economic Development & Regeneration)
No N/21/01238/TPO
(Original Application No. N/100517761-001)
CONDITIONAL CONSENT
TOWN AND COUNTRY PLANNING (SCOTLAND) ACTS
TOWN AND COUNTRY PLANNING (TREE PRESERVATION ORDER AND TREES IN CONSERVATION
AREAS)(SCOTLAND) REGULATIONS
To : Mrs Caroline Butler-Kettle
c/o Tree Inspector Scotland Fao Chris  Calvey
North Hourat
A760 Largs Road
Kilbirnie
North Ayrshire
KA25 7LJ
With reference to your application received on 7 January 2022 for consent under the above mentioned Acts and
Regulations for :-
Removal of 2 high hedges within an area covered by Skelmorlie No. 2 Tree Preservation Order
at St Margarets
9 Eglinton Terrace
Skelmorlie
Ayrshire
PA17 5ER
North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Regulations hereby grant
consent, in accordance with the plan(s) docquetted as relative hereto and the particulars given in the application, subject
to the following conditions and associated reasons :-
Condition 1. That prior to the removal of the hedges here by approved, the applicant shall provide a
scheme of replanting for the written approval of North Ayrshire Council as Planning
Authority. Thereafter, the scheme of replanting shall be undertaken in the first planting
season and seeding season following the removal of the hedges. Any trees or plants which,
within a period of five years from their planting, are removed or become seriously damaged
or diseased shall be replaced in the next planting season with others of a similar size and
species, unless North Ayrshire Council as Planning Authority gives written consent to any
variation.
Reason 1. In order to ensure that a suitable scheme of replanting is undertaken; in the interest of the
amenity of the TPO.
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Tall Hedges Report
Tree Preservation Order CDC, Skelmorlie No. 2/1983
23rd December 2021
St Margaret’s, 9 Eglinton Terrace,
Skelmorlie
PA17 5ER
Prepared for
Caroline Butler-Kettle
Prepared by
C. A. Calvey, P.T.I., Tech.Cert (Arbor.A), Cert.Arb (RFS), BA Hons.
THE TREE INSPECTOR (SCOTLAND)
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Contents
Introduction Page 1
Site Plan Page 2
Photographs Page 3
Appendix 1: Contact Details Page 4
Appendix 2: MapTPO Page 5
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Page 1
Introduction
The report relates to 2 tall boundary hedges at StMargaret’s,9 Eglinton Terrace, Skelmorlie, PA17
5ER. The property is within the CDC Skelmorlie No. 2 Tree Preservation Order. The grounds extend
to 0.94 acres.
The property has recently passed to new owners who wish to improve the gardens and plant
herbaceous beds and specimen trees. Currently large evergreen, fast-growing hiba
arborvitae (Thujopsis dolobrata) forms high hedges on the south and west boundary of the property.
Please refer to the site plan on page 2 with hedges 1 & 2 identified in red.
The owners wish to remove these 2 hedges for the following reasons:
1. The hedges occupy a large area of ground at 544m² proposed for tree planting. Hedge 1
Eglington Terrace: 7-8m height and 8m in width extending to 35m andoccupying280m². Hedge
2 Annetyard Road: 8-10m height and 8m in width extending to 33m andoccupying 264m².
2. It is unclear why 2 hedges have been planted in parallel formation and in such close proximity
but the tall hedges are suppressing the low formal hedges of escallonia and privet planned for
long term retention.
3. Due to the height of the hedges, they are suppressing high quality trees and shrubs set further
back, creating a dark wet space which is unconducive for new tree and shrub establishment.
4. The hedges threaten the *Listed wall on the west and south boundary.
5. Telephone wires pass through the hedge on Annetyard road.
The owners propose planting 10 new trees in the space currently occupied by the hedge. The species
list has yet to be determined but Sorbus, Prunus, Malus and Canadian Red Mapleare under
consideration. The owners are content that replacement tree planting is a condition of consent. The
Tree Inspector supports the proposals.
*
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Page 4
Appendix 1
Applicant
Caroline Butler-Kettle
St Margaret’s
9 Eglinton Terrace
Skelmorlie
Ayrshire
PA17 5ER
The Tree Inspector (Scotland)
Christopher Calvey,
North Hourat Farm,
Kilbirnie, Ayrshire KA25 7LJ
North Ayrshire Council
Cunninghame House
Irvine
KA12 8EE
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Page 5
Appendix 2
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REPORT OF HANDLING
Reference No: 23/00533/PP
Proposal: Erection of detached dwelling house 
Location: Site To West Of St Margarets 9, Eglinton Terrace,
Skelmorlie, North Ayrshire 
----------------------------------------------------------------------------------------------------------------
LDP Allocation: General Urban Area
LDP Policies: SP1 - Towns and Villages Objective / Strategic
Policy 2 / Detailed Policy 10 - Listed Buildings / 
----------------------------------------------------------------------------------------------------------------
Consultations: None Undertaken  
Neighbour Notification: Neighbour Notification carried out on 10.08.2023
Neighbour Notification expired on 31.08.2023
Advert: Regulation 20 (1) Advert 
Published on:- 23.08.2023
Expired on:-     13.09.2023 
----------------------------------------------------------------------------------------------------------------
Previous Applications: None
Appeal History Of Site:
Relevant Development Plan Policies
SP1 - Towns and Villages Objective
Towns and Villages Objective
Our towns and villages are where most of our homes, jobs, community facilities,
shops and services are located. We want to continue to support our communities,
businesses and protect our natural environment by directing new development to
our towns and villages as shown in the Spatial Strategy. Within urban areas (within
the settlement boundary), the LDP identifies town centre locations, employment
locations and areas of open space. Most of the remaining area within settlements is
shown as General Urban Area. Within the General Urban Area, proposals for
residential development will accord with the development plan in principle, and
applications will be assessed against the policies of the LDP. New non-residential
proposals will be assessed against policies of this LDP that relate to the proposal.
In principle, we will support development proposals within our towns and villages
that:
Appendix 2 -
Report of Handling
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23/00533/PP
a) Support the social and economic functions of our town centres by adopting a
town centre first principle that directs major new development and investment to
town centre locations as a priority including supporting town centre living.
b) Provide the right new homes in the right places by working alongside the
Local Housing Strategy to deliver choice and variety in the housing stock, protecting
land for housing development to ensure we address housing need and demand
within North Ayrshire and by supporting innovative approaches to improving the
volume and speed of housing delivery.
c) Generate new employment opportunities by identifying a flexible range of
business, commercial and industrial areas to meet market demands including those
that would support key sector development at Hunterston and i3, Irvine.
d) Recognise the value of our built and natural environment by embedding
placemaking into our decision-making.
e) Prioritise the re-use of brownfield land over greenfield land by supporting a
range of strategic developments that will deliver:
o regeneration of vacant and derelict land through its sustainable and
productive re-use, particularly at Ardrossan North Shore, harbour and marina areas,
Montgomerie Park (Irvine) and Lochshore (Kilbirnie).
o regeneration and conservation benefits, including securing the productive re-
use of Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area
Regeneration Scheme.
f) Support the delivery of regional partnerships such as the Ayrshire Growth
Deal in unlocking the economic potential of the Ayrshire region.
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.
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
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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 10 - Listed Buildings
Policy 10:
Listed Buildings
We will support proposals for the re-use and restoration of a Listed Building where
the special architectural or historical interest of the building is preserved and
enhanced. This can include the restoration of original features which have previously
been lost due to development or demolition. The layout, design, materials, scale,
siting and use of any development affecting a Listed Building or its setting should be
appropriate to the character and appearance of the listed building.
Enabling development may be acceptable where it can be clearly shown to be the
only means of preventing the loss of the asset and securing its long-term future. Any
development should be the minimum necessary to achieve these aims. The
resultant development should be designed and sited carefully to preserve or
enhance the character and setting of the historic asset.
There is a presumption against the demolition of Listed Buildings and will only be
supported in the following exceptional circumstances:
i) The building is not of special interest; or
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ii) The building is incapable of repair and reuse through the submission and
verification of a thorough structural condition report produced by a qualified
structural engineer; or
iii) The repair of the building is not economically viable, and it has been
marketed at a price reflecting its location and condition to potential restoring
purchasers for a reasonable period; or
iv) The demolition of the building is essential to delivering significant benefits to
the wider community economically, socially or environmentally
Description
Planning permission is sought for the erection of a detached dwellinghouse and
garage. 
The application relates to a plot of land situated within the curtilage of 9 Eglinton
Terrace (St Margarets), a C Listed Building, located within the settlement of
Skelmorlie. The application site is land located to the west of the host property and
is currently utilised as garden grounds belonging to the host property. A variety of
trees and bushes exist within the application site. The site is located within
Skelmorlie No2 Tree Preservation Order (TPO). The surrounding area is residential
and features properties of a variety of designs and sizes. 
The proposed develoment would sit approx. 22m west of the listed building at 9
Eglinton Terrace. The proposed house would be rectangular on plan and would
measure approx. 16.2m by 9.5m. It would accomodate three bedrooms, 2
bathrooms, a utility room and a kitchen/living space. The house would reach a
height of some 5.6m at its highest point and would feature a gable ended roof.
Openings are proposed for the west, east and south elevation of the house. The
proposed garage would sit to the north of the proposed house. On plan, it would be
rectangular in form and would measure some 6.1m by 3.6m. It would have a gabled
roof and would reach a height of some 4m at its highest point. The garage would
have one opening to its front (west) elevation. The proposed finishing materials
would consist of white render to the external walls of the house and garage. The roof
of both buildings would be composed of rosemary clay roof tiles and the openings
would be composed of white uPVC. The house would be accessed via the existing
entrance from Eglinton Terrace which is north of the proposed house. 
Regarding planning history, pre-application advice was given earlier in 2023
(ref:23/00118/PREAPP) regarding the proposal. The advice given was that a
proposal in this location would be unlikely to be supported. Furthermore, the
application site has been granted various permissions for tree works within the
grounds of the listed building over the last few years. Most recently, consent was
granted in 2022 for the removal of two high hedges subject to a replanting condition
(ref: 21/01238/TPO). The high hedge located along Annetyard Road (south
boundary) has already been removed but the high hedge situated along Eglinton
Terrace (west boundary) is still present. 
In the adopted North Ayrshire Local Development Plan (LDP) the site lies within the
General Urban Area allocation of Skelmorlie and therefore the Towns and Villages
Objective of Strategic Policy 1: Spatial Strategy applies to this proposal. In addition,
all development proposals require to be assessed in terms of Strategic Policy 2:
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Placemaking. As the application site is located within the curtilage of a listed
building, the application also requires to be assessed against Policy 10: Listed
Buildings. All development proposals require to be assessed against the adopted
National Planning Framework 4 (NPF4).
Consultations and Representations
Neighbour notification was carried out in accordance with statutory procedures. The
application required to be advertised in the local press. No representations were
received in response to the application.
No consultations required to be undertaken.
Analysis
The site is located within the General Urban Area of Skelmorlie as identified in the
Local Development Plan. The erection of a dwellinghouse within a general urban
area is acceptable in principle in terms of Strategic Policy 1: Spatial Strategy and
therefore, the application only requires to be assessed against Strategic Policy 2:
Placemaking and Policy 10: Listed Buildings. All development proposals must also
be assessed against NPF4.
Strategic Policy 2 states that all applications for planning permission should meet
the qualities of successful places. Policy 14 of NPF4 reiterates the qualities of a
successful place. They key qaulities are considered to be 'distinctive' and 'safe and
pleasant,' (expressed as 'pleasant' in Policy 14).
The proposed dwellinghouse would be sited directly in front of the principal elevation
of the host property, a C-Listed building. Whilst it is considered that there is sufficient
space for potential development to occur, due to the substantial sized grounds
belonging to the host property, it is not considered that the proposed siting of the
house would be appropriate.
As the host property is a listed building, the siting of a proposed house directly in
front of the host property is considered to have a detrimental impact on the setting of
the listed building as well as the visual interest of the surrounding area. The principal
elevation of the listed building is west facing and has a frontage onto Eglinton
Terrace. The proposed siting of the development would result in the listed building
losing its frontage onto Eglinton Terrace and therefore, the outlook of the listed
building would be adversely impacted by the siting of the proposed development.
The proposed dwellinghouse would also be forward of the houses located along
Eglinton Terrace to the north. It would be in line with detached garages belonging to
these properties. However, it is not considered that this proposal respects the
building line of the street. The proposed dwellinghouse would not only be positioned
in front of the principal elevation of a listed building but would also be forward of the
existing building line of Eglinton Terrace. Given this it is considered that the
proposed development would have a detrimental impact on the character and
setting of the listed building and on the visual amenity of the surrounding area. As
such, it is not considered that the proposal would be acceptable in terms of siting.
The design of the proposed dwellinghouse would be fairly simple and would consist
of a gable roofed bungalow property with detached garage. It would not necessarily
draw upon the character of the listed building although, some of the finishing
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materials would complement those of the host property. The proposed design would
have some similarities with the neighbouring properties to the north of the
application site in terms of scale. However, due to the proposed siting of the
development it is not considered that a dwellinghouse of any design would be
acceptable in this location. The proposal does not therefore draw upon the positive
charactersitics of the area. It does not promote visual quality and does not support
attractive built spaces. The proposal does not meet the 'distinctive' and 'safe and
pleasant' qualities of Strategic Policy 2 of the LDP and the 'distinctive' and 'pleasant'
qualities of Policy 14 of NPF4.
In terms of amenity, the development is not considered to result in any significant
loss of privacy or overlooking to any surrounding properties. However, as mentioned
above, due to the proposed siting of the development it is considered that the
proposal would have a detrimental impact on the setting of the listed building and on
the visual amenity of the surrouding area. It is also not considered the proposal
would give rise, subject to conditions if permission were granted, of any potential
adverse impacts on trees covered by the Tree Preservation Order.
Given the above, it is not considered that the development accords with the critera
of a successful place. 
In terms of Policy 10: Listed Buildings, the layout, design, materials, scale, siting,
and use of any development affecting a Listed Building, or its setting should be
appropriate to the character and appearance of the Listed Building. In this case, the
proposed dwelling and garage would be sited directly in front of the principal
elevation of 9 Eglinton Terrace (St Margarets) which is a C Listed Building. It is
considered that the siting of the development directly in front of the listed building
would cause a significant impact on the setting of the Listed Building. The principal
elevation of the host property faces west and the siting of the proposed house in this
location would result in the listed building losing its frontage onto Eglinton Terrace
and therefore, it is considered that this would significantly impact the historic setting
and siting of the house. As mentioned above, the design of the proposed house
would be relatively simple and would not necessarily draw upon the character of the
listed building. Given the above, it is not considered that the proposed development
would be appropriate to the character and appearance of the listed building in terms
of siting and design and therefore, would be contrary to the criteria of Policy 10.
Policy 7 of NPF4 reiterates Policy 10 of the LDP and states that development
proposals affecting the setting of a listed building should preserve its character, and
its special architectural or historic interest. It is not considered that the proposed
development would preserve the character of the listed building, nor its historic and
architectural interest given the siting of the proposal directly in front of the listed
building. It is therefore, considered that the proposed development would not meet
the criteria of NPF4 Policy 7. 
As the proposal does not meet all of the qualities of a successful place, it does not
accord with Strategic Policy 2: Placemaking of the LDP or Policy 14 of NPF4.
Additionally, the proposal does not accord with LDP Policy 10: Listed Buildings or
Policy 7 of NPF4. The proposed siting of the development would not preserve the
character or setting of the listed building and would be forward of the existing
building line and therefore, the proposal would have a detrimental impact on the
character of the listed building and the amenity of the surrounding area. It is
therefore, considered that the proposal should not be supported, and it is
recommended that planning permission be refused.
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Decision
Refused
Case Officer - Charlotte Conway
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Appendix 1 - Drawings relating to decision
Drawing Title Drawing Reference
(if applicable)
Drawing Version
(if applicable)
Site Plan 001
Block Plan / Site Plan 002
Location Plan 003
Proposed Plans and
Elevations
004
Block Plan / Site Plan
Location Plan
Proposed Elevations
Site Plan
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Appendix 3 - Location Plan
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Yvonne Baulk : Head Of Service (Housing & Public Protection)
No N/23/00533/PP
(Original Application No. N/100635643-001)
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 Howard Kettle
c/o Julie Mills
27 Bellard Walk
West Kilbride
Ayrshire
KA23 9JL
With reference to your application received on 10 August 2023 for planning permission under the above mentioned
Acts and Orders for :-
Erection of detached dwelling house
at Site To West Of St Margarets 9
Eglinton Terrace
Skelmorlie
North Ayrshire
North Ayrshire Council in exercise of their powers under the above-mentioned Acts and Orders hereby refuse planning
permission on the following grounds :-
1. The proposal does not accord with the qualities of successful places and would not preserve the character or
setting of the listed building.
The proposed siting of the development would have a detrimental impact on the setting of the listed building.
The proposal would significantly harm the visual amenity of the wider area. The proposal is therefore contrary
to Strategic Policy 2: 'Placemaking' and Policy 10: 'Listed Buildings' of the adopted North Ayrshire Local
Development Plan and Policy 7: 'Historic Assets and Places' and Policy 14 'Design, Quality and Place' of
National Planning Framework 4.
Dated this : 10 October 2023
.........................................................
for the North Ayrshire Council
(See accompanying notes)
Appendix 4 -
Decision Notice
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TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006.
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (SCOTLAND)
REGULATIONS 2013 – REGULATION 28
Yvonne Baulk : Head Of Service (Housing & Public Protection)
FORM 2
1. If the applicant is aggrieved by the decision to refuse permission for or approval required by a condition in
respect of the proposed development, or to grant permission or approval subject to conditions, the applicant
may require the planning authority to review the case under section 43A of the Town and Country Planning
(Scotland) Act 1997 within three months from the date of this notice. The notice of review should be
addressed to Committee Services, Chief Executive's Department, Cunninghame House, Irvine, North
Ayrshire, KA12 8EE.
2. If permission to develop land is refused or granted subject to conditions and the owner of the land claims
that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered
capable of reasonably beneficial use by the carrying out of any development which has been or would be
permitted, the owner of the land may serve on the planning authority a purchase notice requiring the
purchase of the owner of the land's interest in the land in accordance with Part 5 of the Town and Country
Planning (Scotland) Act 1997.
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