26-00299-PP Committee Report
North Ayrshire Council · 26 August 2026
Back to Planning Committee — 26 August 2026 and its agenda
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NORTH AYRSHIRE COUNCIL 26th August 2026 Planning Committee Locality Reference 26/00299/PP Application Registered 3rd June 2026 Decision Due 3rd August 2026 Ward Kilwinning Recommendation Approved with no Conditions __________________________________________________________________ Location 13 Ashgrove Workshops, Ashgrove Road, Kilwinning Applicant Mr Sean Mackinnon, BASE S&C LTD Proposal Change of use of industrial unit to gymnasium (Class 11) (retrospective) ___________________________________________________________________ 1. Description Planning permission is sought for the change of use a light industrial unit (Class 4) to a gymnasium (Class 11 - Assembly and Leisure) at Unit 13 Ashgrove Workshops. The application has been made retrospectively to regularise the planning status of the unit following receipt of a complaint. Ashgrove Workshops are located between Ashgrove Road and Kilwinning Station. The workshops were built during the 1980s and provide small units for business purposes. A gym opened at Unit 13 without the benefit of planning permission. There is no permitted change between Class 4 and Class 11 and planning permission was therefore required. After a noise complaint was made to the Council during March 2026 the business was asked to apply for planning permission retrospectively to enable proper consideration to be given to the use. The gym occupies Unit 13, which is a corner unit in a single storey workshop building. Unit 13 has a footprint of approx. 110sqm. The back of the unit faces towards James Clements Close. Although there are no dwellings directly behind the building and there is a 1.8m high fence along the edge of the pavement, the fronts of 1 - 7 James Clements Close face
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towards the rear of the application site from across the street. There are no windows or doors on the rear of the unit. There are small hopper windows to the side. Access to the gym is from the communal car parking area within the Ashgrove Workshops via Ashgrove Road/McLuckie Drive. There is no access from James Clements Close. In the adopted North Ayrshire Local Development Plan (LDP) the site lies within a General Urban Area of Kilwinning and therefore, the Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) applies. In addition, all development proposals require to be assessed in terms of Strategic Policy 2 (Placemaking) and the equivalent placemaking policy in NPF4. 2. Consultations and Representations Neighbour notification was carried out in accordance with statutory procedures. 13 responses were received. Ten representations were received in support of the application. These advise that the gym has been a valuable resource for health and fitness in the area since it opened. Response: Whilst noting the positive health benefits to gym members, support for the planning application by gym members or others does not in itself balance out concerns of neighbours regarding adverse noise impacts. Three representations were received which raised concern about the following: 1. The noise level at certain times of the day/night can adversely affect nearby residents due to loud music with low frequency bass sounds being played within the gym. The representations requested that noise from the gym is lower than it has been as it can be heard and felt in nearby homes. The bass level of music has been loud from the unit previously, particularly if the gym is operating from 6am. The representations state that it would be beneficial for the gym to be mindful of this in the future. There are concerns that unacceptable noise could occur again if planning permission is granted. Response: A gym operating from an industrial unit is not of itself a noise generating use. The issue is how such a use is managed and operated with regards to external impacts, such as noise. The applicant has responded by stating that music is only played "at volume" during larger group classes which are held each week. They state that at other times the gym is operational for one-to-one personal training or small group sessions. The applicant also advises that, during such times, music is played to add background ambience only and "at a very low level to ensure clients can hear the instructions of the trainer". Finally, they state that a smaller speaker unit with no bass frequencies was purchased in response to a complaint made to NAC Environmental Health in March 2026. Noting the above, it is considered that the noise issues that had been the source of a complaint earlier in 2026 have now been resolved. Should future complaints be made as a result of loud music or other noise, residents can complain to Environmental Health who have direct powers to abate such nuisances, if there is substantive evidence.
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2. Additional traffic to and from the gym when outdoor sessions are carried out, with particular concerns when Beavers meet in the nearby Scout Hall. The gym require to risk assess this before carrying out outdoor activities. Response: The planning application relates only to the change of use of a unit within the Ashgrove Workshops. There is no associated outdoor space identified in the application. Outdoor activities undertaken in the vicinity of the application site are not within the scope of the planning application. Any risk assessments in this regard would be a matter for the gym. In relation to traffic and parking, see consultation response from NAC Active Travel, below. Consultations: NAC Active Travel and Transport - no objections. There is sufficient parking and turning within the confines of the site to accommodate the use such that it will not impact on the adjacent public road network. Response: Noted. NAC Environmental Health - No objections subject to the condition that the rated noise level, as defined in BS4142:2014+A1:2019, from the operation of the gym must not exceed the background noise level by 5dB(A) or more at the curtilage of any noise sensitive property. If the applicant is in any doubt as to whether the above condition can be achieved then a Noise Impact Assessment should be undertaken by a competent person i.e. an Acoustic Consultant to identify if any noise mitigation measures will be required during the refit of the building or when in operation. Response: Noted. A previous noise complaint has been resolved through changes already carried out at the premises. It is not necessary to attach a planning condition in these circumstances. Kilwinning Community Council - object to the application. Kilwinning suffers from a shortage of suitable space for small commercial businesses looking to start up or expand. A number of businesses have already had to leave the town to find suitable premises and this change of use would reduce further capacity. There are currently four existing commercial gyms in the town plus gym facilities at KA Leisure (Kilwinning Academy), at the Sports Club (Pennyburn) and at the Football Academy (Almswall Park). We consider there to be sufficient gym capacity in town and priority should be given to industrial/commercial small businesses. Response: Whilst noting the perceived shortage of suitable space for business in Kilwinning, it is noted that many commercial gyms are small local businesses (such as that in the current application) within a sector of the economy that has experienced significant growth in recent years, taking up vacant units and workspaces which may otherwise have remained vacant. It is not within the scope or remit of the planning system to regulate the number of gyms in a town or village. Planning policy at the national level encourages and supports development and uses of land and buildings which contribute to health and fitness. See Analysis below.
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3. Analysis Planning applications require to be determined in accordance with the development plan unless material considerations indicate otherwise. As noted above, consideration should be given to Strategic Policies 1 and 2 of the adopted LDP and any relevant policies in NPF4. Taking each in turn: Strategic Policy 1 (Towns and Villages Objective) This strategic policy states that most of North Ayrshire's homes, jobs, community facilities, shops and services are located. It is considered that the use is appropriate within a unit at small industrial estate located on the edge of a residential area near to Kilwinning town centre. Strategic Policy 2 (Placemaking) This covers the qualities of a successful place, which all proposals are expected to meet. Annex D of NPF4 lists broadly similar qualities. It is considered that the application has considered the relevant qualities as listed in both the LDP and NPF4. In particular, the use would help to improve physical and mental health; foster positive social interactions; add to the variety and quality of play and recreation spaces for people of all ages and abilities. In terms of the impact of the use on the surrounding area, it is considered that the gymnasium is appropriately located within a small industrial estate that is long established and contains a wide range of small businesses. There are no window or door openings on the side of the building opposite the nearest housing on James Clements Close. There is no outdoor area associated with the gym. There are small hopper windows on the side of the unit, which the applicant now keeps in the closed position following the noise complaint that was considered by Environmental Health during March 2026. The applicant has taken other steps to resolve the complaint, including removal of the sound equipment which produced bass frequencies which were reportedly audible from outside the unit. It is not considered necessary to attach any conditions in respect of hours of operation or noise limits in these circumstances. Under other legislation, the Council has powers to investigate at any time in the future in the event of further complaints. Any outdoor sessions that may take place from time to time within the vicinity of Ashgrove Workshops are outwith the scope of the planning application. The application site is within walking, cycling and wheeling distance of surrounding residential areas, is close to public transport facilities and is adequately connected to the local road network. There is parking within the site. The proposals thus accord with Strategic Policy 2. In summary, it is considered that the proposals accord with the development plan, including NPF4. There are no material considerations to indicate otherwise. Accordingly, planning permission should be granted. 4. Full Recommendation Approved with no Conditions
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Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318.