2600168PP - Dundonald Links, Ayr Road, Irvine
North Ayrshire Council · 22 April 2026
Back to Planning Committee — 22 April 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
NORTH AYRSHIRE COUNCIL 22nd April 2026 Planning Committee Locality Irvine Reference 26/00168/PP Application Registered 11th March 2026 Decision Due 11th May 2026 Ward Irvine South Recommendation Approved subject to Conditions __________________________________________________________________ Location Dundonald Links, Ayr Road, Irvine Applicant Darwin Alternative Investment Proposal Variation of condition 15 of planning permission 19/00748/PPM to enable 34 of the consented holiday lodges to be available for sale (rather than rental) ___________________________________________________________________ 1. Description Planning permission (ref. 19/00748/PPM) was granted on 4th December 2019 for a tourism development at Dundonald Links consisting of the erection of a replacement clubhouse and 97 holiday lodges (to provide a total of 124 individual units) as well as other improvements and upgrades to maintenance facilities, removal of the existing pre-fabricated clubhouse building and the formation of a new road access onto Ayr Road. The development commenced in July 2020. The planning permission has now been partially implemented, with the replacement clubhouse having opened in November 2021 and the first phase of the holiday lodges having also been built and in use. The applicant seeks planning permission to amend condition 15 of ref. 19/00748/PPM which would enable 34 of the 124 holiday lodges to be made available for sale to private owners. The applicant has stressed that the holiday lodges would still be used for holiday purposes only and that they would not be made available for permanent residential use. An application under Section 42 of the Act, if granted, creates a new planning permission without altering the conditions on the previously granted permission. The planning authority
Page 2
must consider "only the question of the conditions to which planning permission should be granted." No physical changes to the consented development are proposed in the application. The holiday lodges which would be offered for sale would be identical to those already with planning permission. The rationale for the proposal is to raise the substantial upfront capital investment to carry out the remaining works to complete the development. Dundonald Links is located to the south of Irvine and is accessed from Ayr Road. The site is allocated in the adopted North Ayrshire Local Development Plan for leisure and open space. 2. Consultations and Representations Neighbour notification was undertaken in accordance with statutory requirements, and the application was advertised in a local newspaper. No representations were received. No consultations required to be carried out. 3. Analysis Section 42 of the Town and Country Planning (Scotland) Act 1997 is a mechanism which allows for the submission of a planning application for the development of land without complying with condition(s) subject to which a previous permission was granted. As noted above, Section 42 of the Act stipulates that in this type of application the "planning authority shall consider only the question of the conditions subject to which permission should be granted." The main determining issue in this case is whether the proposed amendments to condition 2 would accord with the relevant development plan policies for the site and in respect of any other material planning considerations. Circular 4/1998 sets out the tests for planning conditions, as follows: - Need for a Condition - Relevance to Planning - Relevance to the Development to be Permitted - Ability to Enforce - Precision - Reasonableness Condition 15 of planning permission ref. 19/00748/PPM states the following: "That the occupation of the lodges hereby approved shall be limited to persons visiting Dundonald Links for holiday purposes only. The maximum letting period to any individual or group shall be limited to 30 days and shall not be re-let to the same persons) for consecutive periods or for more than 30 days in any 12 month period, In addition, the lodges shall not be sold, let, or sub-let for any other purpose without the prior written approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt, none of the lodges shall be occupied as a permanent residence. Reason: To restrict the development to the terms of its justification/special need."
Page 3
In this application, it is proposed to amend condition 15 as follows: "That the occupation of the lodges hereby approved shall be limited to persons visiting Dundonald Links for holiday purposes only. In relation to the 90 letting lodges, the maximum letting period to any individual or group shall be limited to 30 days and shall not be re-let to the same persons) for consecutive periods or for more than 30 days in any 12 month period. In relation to the 34 lodges which are available for sale, the site operator must maintain a register of occupiers for each year, which is available at any time for viewing by the Planning Authority. For the avoidance of doubt, none of the lodges shall be occupied as a permanent residence. Reason: To restrict the development to the terms of its justification/special need." The proposed amendment confirms that no change of use of the holiday lodges to residential housing is proposed in the application (including those already developed and those yet to be developed). The sale of holiday lodges is considered acceptable within a tourism development consisting of other holiday lodges. Ownership of the lodges does not of itself present any planning issues within this setting. Dundonald Links is a self-contained land holding and is privately owned. There are no public roads or streets within Dundonald Links and the entire site is managed by the applicant. The applicant does not intend for Dundonald Links to become a housing estate and recognises that the control of occupancy to ensure the lodges are used only for holiday purposes is the relevant planning consideration. They are seeking to secure additional investment from purchasers to complete the development and secure the future of the location as a high-quality tourist destination for North Ayrshire. It is anticipated that this would generate additional visitor expenditure in the local economy. It is not considered that the introduction of 34 owner occupied lodges would undermine the tourism potential of the development as a whole. As noted above, the proposed condition would replicate the current restriction which prevent all the lodges in the development from being occupied as a permanent residence, irrespective of ownership status. With that safeguard in place, it is considered that the amendments to condition 15 would be acceptable. As noted above, the use of planning conditions must be in accordance with the tests set out in Circular 4/1998. The proposed amendments to condition 15 would meet all six tests. With regard to National Planning Framework 4, it has been determined that the Section 42 application does not raise any significant strategic planning issues which conflict with the foregoing assessment. The proposed amendments to condition 15 accords with the development plan and meet the tests for planning conditions as set out in Circular 4/1998. There are no further material considerations in relation to the application. It is therefore recommended that the application is approved, subject to the conditions set out below. 4. Full Recommendation Approved subject to Conditions
Page 4
Condition 1. That, prior to the commencement of phase 2 of the development, an appendix to the transport statement (as submitted with planning application ref. 19/00748/PPM) shall be prepared to consider the need for a ghost island right turn lane on Ayr Road at the main site access and submitted for the written approval of North Ayrshire Council as Planning Authority. The scope of the transport statement shall be agreed in writing with the planning authority beforehand. In the event that a ghost island right turn lane on Ayr Road is required, the facility shall be provided prior to the completion of phase 2 of the development to the satisfaction of North Ayrshire Council as Planning Authority, or, with the mutual agreement of both parties, by an earlier date as may be deemed necessary in the interests of the safe and efficient movement of traffic on Ayr Road. Reason In the interest of road safety. Condition 2. That the development hereby approved shall be implemented in accordance with the plans, drawings and specifications associated with planning permission ref. 19/00748/PPM to the satisfaction of North Ayrshire Council as Planning Authority. Reason To define the terms of this planning permission. Condition 3. That the occupation of the lodges hereby approved shall be limited to persons visiting Dundonald Links for holiday purposes only. In relation to the 90 letting lodges, the maximum letting period to any individual or group shall be limited to 30 days and shall not be re-let to the same persons) for consecutive periods or for more than 30 days in any 12 month period. In relation to the 34 lodges which are available for sale, the site operator must maintain a register of occupiers for each year, which is available at any time for viewing by the Planning Authority. For the avoidance of doubt, none of the lodges shall be occupied as a permanent residence. Reason To restrict the development to the terms of its justification/special need. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318.