Agenda Document Pack - Planning Committee - 26/08/2026
North Ayrshire Council · 26 August 2026
Back to Planning Committee — 26 August 2026 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee A Meeting of the Planning Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 26 August 2026 at 14:00 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 held on 22 April 2026 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 26/00363/PP : Trearne Quarry, Gateside, Beith Variation of condition 1 of planning permission N/23/00190/PP to extend quarrying operations until 24 May 2029 (copy enclosed). 4 26/00299/PP : 13 Ashgrove Workshops, Ashgrove Road, Kilwinning Change of use of industrial unit to gymnasium (Class 11) (retrospective) (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 5 26/00398/PP : 124 High Street, Irvine, KA12 8AH Change of use from vacant Class 1A unit to betting shop to include external alterations (copy enclosed). 6 Urgent Items Any other items which the Chair considers to be urgent. 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 will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. 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 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee Sederunt Robert Foster (Chair) Cameron Inglis (Vice-Chair) Scott Davidson Stewart Ferguson Margaret Johnson Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Ronnie Stalker Chair: Apologies: Attending: 3
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Planning Committee 22 April 2026 At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 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, and Ronnie Stalker. Present (Remote Participation) Scott Davidson, Margaret Johnson, Davina McTiernan, Jim Montgomerie and Ian Murdoch. In Attendance A. Finlayson, Chief Planning Officer (Communities and Housing); R. Lynch, Senior Manager; C. Leslie, Solicitor (Legal); S. Wilson, Committee Services Officer; L. Jolly, Communications Officer; and E. Reid, Marketing & Digital Assistant (Communications) (Democratic Services) (Corporate Services). Chair Councillor Foster in the Chair. Apologies Cameron Inglis. 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 18 March 2026 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. 26/00168/PP : Dundonald Links, Ayr Road, Irvine Submitted a report by the Chief Planning Officer under Section 42 of the Town and Country Planning (Scotland) Act 1997 seeking permission to vary condition 15 of planning permission 19/00748/PPM to enable 34 of the consented holiday lodges to be available for sale (rather than rental). Officers responded to a Member’s questions and the Committee unanimously agreed to approve planning permission subject to the following conditions: 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 Agenda Item 2 5
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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. 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. 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. 4. National Planning Improvement Plan (NPIF) Submitted a report by the Executive Director (Communities and Housing) advising of the completion and publicising of the Planning service’s National Planning Improvement Framework (NPIF) attached at Appendix 1 to the report. The Committee agreed to note (a) the completion of the National Planning Improvement Framework (NPIF), attached at Appendix 1 to the report, in respect of regulatory requirements; and (b) to incorporate and publicise the NPIF in future service delivery and community engagement. 5. Urgent Items There were no urgent items. The meeting ended at 2.25 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 6
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NORTH AYRSHIRE COUNCIL 26th August 2026 Planning Committee Locality Garnock Valley Reference 26/00363/PP Application Registered 27th May 2026 Decision Due 27th July 2026 Ward Garnock Valley Recommendation Approved subject to Conditions __________________________________________________________________ Location Trearne Quarry, Gateside, Beith Applicant Mr Kevin Milne, MCL Environmental Ltd Proposal Variation of condition 1 of planning permission N/23/00190/PP to extend quarrying operations until 24th May 2029 ___________________________________________________________________ 1. Description Trearne Quarry is located approximately 2km east of Beith and within 1km of Gateside. It contains reserves of limestone. Although quarrying at Trearne dates back to 1967, the current operating conditions, including a restoration scheme, were granted by the Council on 24th May 2023 under planning permission ref. 23/00190/PP. Planning permission was granted to extend the period of consent following the approval of a certificate in 2016 under Review of Old Minerals Permissions (ROMP) process. ROMP seeks to ensure that all working quarries are operated to modern environmental standards and to make adequate provision for restoration once mineral extraction is completed. Condition 1 of planning permission 23/00190/PP states: That all quarrying operations at the site shall be discontinued within 3 years from the date of this decision and the entire site shall be restored within a further 2 years in accordance with the approved restoration scheme (as required under the periodic review of minerals consent 15/00573/DCMS) to the satisfaction of the Council, as Planning Authority. For the Agenda Item 3 7
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avoidance of doubt, all other conditions attached to consent ref. 15/00573/DCMS would continue to apply, as noted below. Reason: To define the scope of the consent and to ensure that the conditions attached to 15/00573/DCMS are complied with (other than condition 2). Under the terms of condition 1, quarrying operations were required to cease by 24th May 2026, with all outstanding restoration works completed by 24th May 2028. The application to extend the lifespan of the quarry was submitted prior to the expiry date of the 2016 permission. The applicant did not commence quarrying operations under the 2023 planning permission until 21st May 2026. The agent advises that soil stripping commenced on that date and that some mineral extraction has since taken place. Also on 21st May, the current application to extend the period of consent was submitted to the Council. The limestone reserves at Trearne have not been fully extracted during the most recent period of the consent due to a variety of factors, including a recent change in ownership. The applicant estimates that a further 3 years of reserves remain in the quarry (approx. 90,000 tonnes) on the basis that between 30,000 and 50,000 tonnes are extracted per annum. The application therefore seeks permission to extend the timescale for quarrying operations by a further three years until 24th May 2029. Thereafter, a further two years is requested for restoration of the land until 24th May 2031. Restoration of the site would involve the importation of soil forming materials to create a soils growing medium, which would then be planted with grass. The restoration scheme has already been approved (drawing ref. OG104/ROMP/PA/F/09) and implemented for the earlier phases of working at Trearne. A supporting statement provided with the application indicates that the remaining extractive works would not require blasting (as was the case in the past). Instead, the remaining rock reserves would be extracted by an excavator with ripping tooth to minimise the effects on residential dwelling in the vicinity and on nearby wildlife. A breaker would then reduce any larger blocks before the material is loaded onto the processing plant for crushing, screening and stockpiling before export by lorry. As per the 2023 consent, there will be no change to the extraction extent or depths. There would be no change to the hours of operation, which were previously approved as follows: Quarry Protection and Processing: 07.00hrs - 19.00hrs (Monday to Fridays only) Plant Maintenance: 07.00hrs - 19.00hrs (Monday to Friday) and 07.00hrs - 12.00hrs (Saturday) Site Restoration: 07.00hrs - 19.00hrs (Monday to Friday) and 07.00hrs - 14.00hrs (Saturday) Road Haulage: 07.00hrs - 19.00hrs (Monday to Friday) and 07.00hrs -14.00hrs (Saturday) 8
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The previous consents allow for the majority of the quarry floor to be infilled with manufactured soils and its seeding. Parts of the western face will be left bare for paleontological interest due to the SSSI designation, as past quarrying operations has exposed areas of geological value. An area to the south will become an extension to the pre-existing nature conservation area to the south of the permitted boundary. The quarry is accessed from a C class rural road which links the B777 to the east of Gateside to the A736. In terms of the adopted Local Development Plan (LDP), Trearne is located within the countryside where Strategic Policy 1 (The Countryside Objective) applies. Consideration of applications relating to mineral extraction is covered under Policy 33 - 'Responsible Extraction of Mineral Resources'. Strategic Policy 2 (Placemaking) also applies. 2. Consultations and Representations The application was subject to the statutory neighbour notification procedures, which included the publication of a notice in a local newspaper. One representation was received, objecting to the application on the following grounds: 1. Object to the proposed site access opposite the dwelling at Hessilhead Cottage. There are two other access routes which could be used instead. In the event that the proposed access route is used, it is requested that a wheel wash is installed to ensure clear roadways. Response: The established access route into the site is shown on the submitted plans. It is not proposed to change this. Proposed condition 12 requires that the public roads are kept free of mud etc. and places the responsibility for this on the site operator. 2. Object to any additional environmental pollution. Response: As previously, there are conditions proposed to address environmental impacts such as noise, dust, the protection of the water environment, birds, bats and other wildlife habitats. 3. Object to any additional noise pollution. Work times should be specified with the balance in favour of quiet times given the rural setting. Response: Working hours have been specified in the application and would be regulated by condition. It is not proposed to alter the previously consented working hours. As per previous consents, there are conditions proposed to address noise impacts. As a result of changes to working practices, it is not proposed to undertake any blasting operations. This would be regulated by a condition. 4. Object to additional dirt/pollution within 20m of Hessilhead Cottage. It has been many years since quarrying took place at Trearne therefore up to date working practices should be adopted. Response: A full review of the planning conditions associated with Trearne Quarry was undertaken under the statutory ROMP (Review of Old Minerals Permissions) process 9
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which concluded in March 2016. The consent was renewed in 2023. It is considered that the proposed amendments to the working conditions are up to date. The reserves of limestone at Trearne are now relatively limited, affecting a comparatively small area within the overall site. It is intended by the applicant to complete mineral extraction within the next 3 years, as noted above. Following this, the remainder of the quarry would be restored to a previously agreed restoration plan. Consultations NAC Active Travel & Transportation - no objections. Response: Noted. NAC Environmental Health - no objections subject to the previous conditions continuing to be implemented on matters such as dust control, noise and vibration. Response: As noted above, the conditions of the previous consents are proposed to continue in the proposed extension of time for quarrying and restoration operations. Beith Community Council - no comments. 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. 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." 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 The determining issue in this case is whether the proposed modification to the condition attached to the previous grant of consent would accord with the relevant LDP policies. In terms of the adopted LDP, the Countryside Objective seeks to "encourage opportunities for our existing rural communities and businesses to grow" whilst protecting the countryside and promoting sustainable development. As Trearne Quarry has been established for almost 60 years, there is no requirement to justify the principle of development in this case. The proposed 3 year extension of time for mineral extraction at Trearne, followed by 2 years of site restoration, would enable the remainder of the quarry to be worked until the remaining workable limestone reserves are extracted. As such, the proposal would accord with the Countryside Objective. 10
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Policy 33 'Responsible Extraction of Mineral Resources' supports the conventional extraction of sand, gravel, coal and peat, subject to meeting a range of criteria. Since the quarry already has a modern suite of planning conditions in terms of the previously approved ROMP consent, it is considered that the requirements of Policy 33 are being met, and would continue to be met in terms of the proposed extension of time until May 2029. The final area of restoration would commence after the remaining minerals have been extracted, with the estimated date for completion now being May 2031. In the event that restoration works were not completed by that time, the applicants would require to discuss a further extension of time for the Council's approval. Strategic Policy 2 (Placemaking) aims to safeguard, and, where possible, enhance environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. As noted above, there is already a suite of modern planning conditions which provide the basis for the regulation of day to day operations in accordance with modern working practices as well as an approved site restoration plan. Whilst the quarry operations would be extended by a further 3 years, the associated activities would be subject to the range of conditions already in place. A review of the previous conditions has been carried out. Any outdated or unnecessary conditions have been removed. In total, there are now 20 conditions proposed to address all outstanding planning and environmental matters in respect of quarry operations, restoration and aftercare at Trearne. The applicant is agreeable to the proposed conditions. It is therefore considered that the proposed additional 3 year working period would take place within the context of adequate environmental and amenity safeguards. The previously approved conditions provide the basis to ensure an appropriate balance is struck between the economic viability of the quarry and the protection of environmental amenity in the rural area around Trearne. The proposal would accord with Strategic Policy 2 for the reasons above. In applying the Circular 4/1998 tests for conditions to the proposal, it is considered that the proposed variation would meet all six tests. The application has also been assessed against the adopted National Planning Framework 4. At the strategic level, NPF4 requires that "sufficient [mineral] resources are available to meet industry demands, making an essential contribution to the Scottish economy" and that "important workable mineral resources are [to be] protected from sterilisation by other developments." It adds that local development plans "should support a landbank of construction aggregates of at least 10-years at all times in the relevant market areas, whilst promoting sustainable resource management, safeguarding important workable mineral resources, which are of economic or conservation value, and take steps to ensure these are not sterilised by other types of development." It has been determined that the proposal to extend the lifespan of Trearne Quarry by a further three years would accord with NPF4. Accordingly, it is considered that planning permission should be granted for the application, which would extend the period of consent until 24th May 2029 with restoration to be undertaken during the following 2 years, with completion by 24th May 2031. As noted above, it is no longer intended to carry out blasting. The recommended conditions are set out below. 4. Full Recommendation 11
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Approved subject to Conditions Condition 1. That all quarrying operations at the site shall be discontinued within 3 years of 24th May 2026 (ie. 24th May 2029) and the entire site shall be restored within a further 2 years (ie. 24th May 2031) in accordance with the approved restoration scheme (as required under the periodic review of minerals consent 15/00573/DCMS) and to the satisfaction of North Ayrshire Council as Planning Authority. Reason To define the time limit of the consent. Condition 2. That only the continuation of quarrying and the importation of soil forming materials to create a soils growing medium for the purposes of site restoration is hereby permitted. For the avoidance of doubt, imported soil forming materials shall not include human waste nor treated sewage sludge. Reason To define the scope of the consent. Condition 3. That the site shall be restored on a progressive basis in accordance with the approved restoration plan (OG104/ROMP/PA/F/09) to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of the amenity of the area. Condition 4. That upon completion of the restoration scheme, a programme of aftercare to ensure successful establishment of new vegetation shall be undertaken. Any areas of vegetation which fail to become established within 2 years of the completion of the restoration scheme shall be reinstated to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of the amenity of the area. Condition 5. With the exception of water management, the site shall not operate outwith the hours stated below without the prior written approval of North Ayrshire Council, as Planning Authority: Quarry Protection and Processing 07.00hrs to 19.00hrs (Monday to Friday only) 12
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Plant Maintenance 07.00hrs to 19.00hrs (Monday to Friday) 07.00hrs to 12.00hrs (Saturday) Site Restoration 07.00hrs to 19.00hrs (Monday to Friday) 07.00hrs to 14.00hrs (Saturday) Road Haulage 07.00hrs to 19.00hrs (Monday to Friday) 07.00hrs to 14.00hrs (Saturday) Reason In the interest of the amenity of the area. Condition 6. That with respect to the control of noise resulting from the quarrying and restoration operations, the site operator shall comply with the following: During the hours of operation (07.00hrs to 19.00hrs Monday to Friday (inclusive) and 07.00hrs to 14.00hrs on Saturdays) the nominal noise limit from site operations including the manufacture and spreading of soils, at all assessed noise sensitive premises in the vicinity of the site, shall not exceed 50dB(A)LAeq, over any hour period. Reason In the interest of the amenity of the area. Condition 7. Notwithstanding the terms of condition 6, that during soil stripping operations the normal daytime noise limit during the hours of operation shall be no more than 70dBLAeq over any one hour period for a maximum of 8 weeks per year or for such time period to be agreed in writing with North Ayrshire Council as Planning Authority. Reason In the interest of the amenity of the area. Condition 8. That effective silencers shall be fitted to and used and maintained in accordance with manufacturer's instructions on all vehicles, plant and machinery operating on site. Other for the purposes of maintenance, no machinery shall be operated with covers open or removed, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of the amenity of the area. Condition 9. The site operator shall ensure that sufficient water is maintained on site at all times to address the requirements of dust suppression. Water bowsers will be maintained on site and used to spray roads within the site. Notwithstanding such measures, in the event of dust nuisances being created, the operator(s) shall take all responsible remedial measures to minimise the transmission of dust (as stated in Section 5.0 of the Support 13
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Statement contained in 15/00573/DCMS), to the satisfaction of North Ayrshire Council as Planning Authority. If the prevention of dust nuisance by these means is not possible, then the activities which are, in the opinion of the Council as Planning Authority, creating the nuisance shall temporarily cease until such times as weather/conditions allow. Reason In the interest of the amenity of the area. Condition 10. That no blasting shall take place within the quarry under the terms of this planning permission. Reason To reflect the change in working practices as set out in the supporting statement which accompanies the application. Condition 11. That all laden vehicles entering or departing the site shall be sheeted before accessing the public road network. Reason In the interest of road safety. Condition 12. The site operator shall at all times be responsible for the removal of any mud or other deleterious materials deposited on the public road network as a result of the operations at Trearne Quarry. Reason In the interest of road safety. Condition 13. That all suitable topsoils, sub-soils and soil forming materials shall be recovered where practicable during the stripping or excavation operations and separately stored on site for use during restoration. Reason To retain viable restoration materials from the quarry operations and limit the requirement for further material to be brought to site. Condition 14. That topsoil and subsoil either recovered and/or manufactured on site shall be replaced when it is suitably dry or friable condition such that it is not damaged by machinery passing over it except with the prior written approval of North Ayrshire Council as Planning Authority. In addition, the movement of plant, vehicles and machinery on the site shall be carried out in such a manner so as to avoid, so far as possible, the crossing of restored land. Reason To minimise damage to the restored areas in the interest of local amenity. 14
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Condition 15. All soils material deposited on site shall be seeded with a suitable low maintenance native grass and wildflower seed mixture during the first available growing season. Reason In the interests of biodiversity and amenity. Condition 16. The deposition of manufactured soils shall be restricted to 10 metres from existing quarry faces to leave exposed rock strata containing palaeontology (as stated in section 11.0 of the Support Statement for 15/00573/DCMS), to maintain continued access for educational purposes. Reason To protect the special educational resource of the exposed rock strata and in recognition of the site as a SSSI. Condition 17. That with respect to bodies of water and watercourses within the site: i. no materials shall be worked or deposited in such a way that they may fall or be carried into any body of water/watercourses; ii. the deposition of manufactured soils shall be restricted to 10 metres from any body of water/watercourses. iii. only soil materials recovered on site or soils imported to the site may be placed within 10m of any body of water/watercourses. Reason To protect the water environment from blockage and/or pollution as a result of quarrying operations. Condition 18. That prior to quarrying operations and ground preparation works advancing to within 50 metres of any known barn owl nest site during the enhanced statutory bird breeding protection period between April and October a pre-start check must be carried out for this species by a suitably qualified person in accordance with the recommendation made in the Protected Species Survey accompanying application refs. 15/00573/DCMS and 23/00190/PP. Reason To monitor and prevent disturbance to nesting and/or dependent young birds, in the interest of nature conservation. Condition 19. That prior to any ground preparation works being carried out during April - July, a walkover check shall be carried out for evidence of breeding birds or dependent young and works suspended during this period as appropriate within a distance of 50 metres from the nest location. 15
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Reason To monitor and prevent disturbance to nesting and/or dependent young birds, in the interest of nature conservation. Condition 20. That prior to future quarrying operations advancing to within 30 metres of any trees (T5-T17) identified in the Protected Species Survey, (refer to section 7.0 of the Support Statement in application 15/00573/DCMS), two dusk and one pre-dawn bat roost survey shall be completed between June and August to determine the presence of any bat roost. In the event that a roost is found, any quarrying works within 30 metres and any works with a significant vibration or noise impact within 100 metres may require licencing following consultation with the NatureScot Species Licensing Team. Reason To monitor and prevent disturbance to bat species, in the interest of nature conservation. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318. 16
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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 Agenda Item 4 17
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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. 18
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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. 19
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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 20
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Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318. 21
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NORTH AYRSHIRE COUNCIL 26th August 2026 Planning Committee Locality Reference 26/00398/PP Application Registered 10th June 2026 Decision Due 10th August 2026 Ward Irvine West Recommendation Approved with no Conditions __________________________________________________________________ Location 124 High Street, Irvine KA12 8AH Applicant BoyleSports (UK) Proposal Change of use of from vacant Class 1A unit to betting shop to include external alterations ___________________________________________________________________ 1. Description Planning permission is sought for the change of use of a vacant 2 storey retail unit as a betting office. The betting office would occupy the ground floor of the building facing onto High Street. The main access into the premises would be from the existing entrance on High Street. There would also be a rear access leading to the public car park at the back of the building. The unit has a floor area of some 625 square metres. The proposed internal floor plan indicates that there would be a customer area on the ground floor only. This would be situated towards the front part of the building, facing High Street. The rear part of the building would be used for toilets, staff areas and a store room. There would be a link corridor to the rear of the building, giving access to the public car park. The first floor of the building would not be used other than for providing access to the roof deck where two air conditioning units and two satellite dishes would be mounted onto a concealed external wall that is hidden from public view. Agenda Item 5 23
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The proposed external alterations and repairs would include the following: Front elevation - remove redundant fascia and install 18mm plywood fascia of the same size; - remove redundant tiles on pilasters and plinth, and affix dark grey porcelain tiles in their place; - clear, repair and repaint shopfront frame in blue colour; - replace entrance doors within existing frame and fit new glazed doors in blue colour; - repair broken windows at first floor level; - clean and repaint masonry Rear elevation (ground level) - Form new door opening and install fully glazed door and side pane in blue colour; - Form timber screen around raised service bay using vertical slats; - Remove redundant signage The application is accompanied by a supporting statement. This puts forward the applicant's justification for the proposal, reviews planning policy, provides the planning history of the building and marketing activities. It notes that the proposed operating hours are 08:00 - 22:00, seven days a week. The statement concludes that the proposed use would contribute to the function, viability and vitality of Irvine town centre through the re- use of a long-vacant prominent building, resulting in employment opportunities both directly and indirectly. The statement argues that the proposed frontage alterations would be attractive and active; that there would be no adverse effect on the amenity of neighbouring occupiers; that under 18s would not be permitted entry; that no alcohol would be served nor would the consumption of alcohol be permitted within the premises. The application site consists of a vacant two storey retail building facing onto High Street which extends almost the full depth of its plot to a rear service road at the edge of a public car park. The building has a flat roofed design and dates from the 1960s. Other than the front elevation, the building is finished in red brick. The front elevation has a modern glazed shopfront with clerestory windows above. There is a fascia sign above the clerestory. The current shopfront dates from 2007 following a fire. The upper floor of the front elevation is finished in smooth grey concrete blocks inset with three large windows. The building adjoins a three-storey office building occupied by Gallagher Insurance to one side, with a ground floor retail unit to the other side (occupied by Semi-Chem). The red sandstone upper floors of the Semi-Chem retail unit are vacant, with the dormer windows on the slated roof boarded up. On the opposite side of the street is the Irvine Job Centre, which is adjoined by other commercial uses and the recently renovated Kings Arms Hotel building, which will provide 6 residential flats once complete. Woolworths occupied the building since its construction during the 1960s until its relocation to the Rivergate Centre in 2003 (and eventual closure in January 2009). Following Woolworths' relocation, the clothing retailer Happit took on the lease until its closure in 2010. Since then, the building has been largely vacant other than for a brief period when it temporarily reopened as a second-hand clothing retailer from late 2023 into early 2024. The building has therefore been vacant for most of the past 15 years. 24
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On 9th March 2023, planning permission was granted to change of use of the building to form a restaurant with function suite and fitness gym (ref. 23/00088/PP). The permission was not implemented and lapsed on 9th March 2026. In terms of the adopted Local Development Plan (LDP), the application site and surrounding area is within Irvine Town Centre and Irvine Town Centre Conservation Area. The application requires to be considered in terms of LDP policies 3 (Town Centres and Retail), 9 (Conservation Areas) and Strategic Policy 2 (Placemaking). Consideration in terms of National Planning Framework 4 (NPF4) is also required. 2. Consultations and Representations Neighbour notification was carried out in accordance with statutory procedures. In addition, the application was advertised in a local newspaper. Three objections were received from planning consultancies on behalf of local businesses, the grounds of which are summarised below: 1. The proposal would result in an overconcentration of betting shops within the town centre. Response: Whilst there would be a total of four betting offices within High Street and another in Bridgegate, there remains a mix of other uses nearby and across the town centre as a whole. Similar businesses locating near one another is not uncommon in town centres. 2. The proposal would result in the unjustified loss of a Class 1A retail unit within the town centre and make limited contribution to the vitality and viability of the Town Centre. Response: Justification for the proposed change of use has been provided. The premises have been available to let for Class 1A (retail and service) uses for over 15 years. Planning permission was granted in 2023 for a Class 3 and Class 11 use. See Analysis below. 3. The proposal would be harmful to the character, appearance and amenity of the town centre and conservation area. Response: Not agreed. The building is harmful to the character, appearance and amenity of the area in its current condition. It is proposed to undertake a programme of external repairs and repainting to improve its appearance, including the replacement of the broken windows at first floor level. It is not considered that the proposed use would of itself result in adverse amenity impacts. See Analysis. 4. Effect on health and wellbeing. Response: The total number of betting offices in Irvine has reduced over the past 15 years. It is considered that the run-down condition of the building has a detrimental effect on health and wellbeing due to the lack of use for most of the past 15 years. See Analysis. 5. Safety and security concerns due to the internal layout. 25
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Response: Internal layouts are not material planning considerations, and the planning authority has no locus over the internal layout of any unlisted building. Nonetheless, security measures would be installed by the applicants as part of the proposed refurbishment works. Such measures would include CCTV and active monitoring of doorways by staff and the use of an audible doorbell alert at the rear door. Consultations Irvine Community Council - objects on the following grounds: i. An active footfall generating Class 1A retail frontage would be lost from the High Street; ii. There are four licensed betting offices nearby, three of which are in the High Street; iii. There are also two adult gaming centres nearby; iv. The application site is within a data zone that as ranked as being within the most deprived 5% of data zones in Scotland. An additional betting office would be detrimental to the health and wellbeing of the community it serves; v. The application should therefore be refused. Response: See Analysis. NAC Active Travel and Transportation - As this is a town centre development no dedicated parking is required. Public parking is available nearby at this location. Response: Noted. 3. Analysis The vacant building is located within the town centre of Irvine. Policy 3 of the adopted LDP states that "our town centres are the social and economic heart of our communities, providing jobs, homes and employment. Appropriate development within our town centres has the potential to improve their vitality and vibrancy. This can also ensure that investment in our communities is directed in a way that is most beneficial to residents, employees and visitors to our towns." The proposal to re-use the vacant unit in the manner proposed would contribute to the 'town centre first' principle through new investment in existing premises. It is not considered that the proposed change of use would harm Irvine town centre. There are two other betting offices nearby (Ladbrokes and Paddy Power), another further along the High Street (William Hill) and one in Bridgegate (Betfred). It is considered that all four contribute to the vitality, viability and street frontages of the town centre. They generate footfall and maintain the fabric of their respective buildings. It is not considered that betting offices dominate the streets they are located in, nor harm the character or amenity of the area. At the application site, the absence of any use is harmful to the High Street, largely resulting from the run-down appearance of the building and lack of activity. The building has been marketed over a long period of time. A previous attempt to attract a restaurant and a gym to the building has failed. A second-hand clothing retailer has also failed to attract sufficient custom to survive. The premises are large in scale with a deep floor plan and a narrow street frontage. It is therefore difficult to sub-divide into smaller units. There appears to be no demand for Class 1A (shops and services), Class 3 (food and drink) or Class 11 (assembly and leisure) uses at the premises, possibly due to the 26
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location, size and form of the building. High Street is no longer a prime retail location within Irvine, and has declined as a shopping street over many decades. A relatively large High Street building that was developed for Woolworths in the 1960s when the shopping environment was fundamentally different evidently no longer meets the demands of modern retailers. It is therefore considered that, had there been any demand for Class 1A or Class 3 use, the building would not have remained vacant for over 15 years. It would be unreasonable not to consider these background factors. Since the building has been vacant for over 15 years, other than for a brief period, it is considered that the proposed change of use would address a long-term vacancy, result in much needed building maintenance, generate employment and contribute to the vitality, viability and amenity of the High Street. Notwithstanding the concerns expressed by the objectors to the application, the proposal is therefore considered acceptable in terms of Policy 3. The external proposals to the building would not alter the character of the conservation area. The proposed shopfront alterations are largely cosmetic, but would enhance Irvine Town Centre Conservation Area as result of the repairs and maintenance that would be undertaken to bring the building back into use, such as renewing the fascia, cleaning windows, gutters, repainting, etc. Although the building is of no special architectural or heritage interest, it nonetheless forms part of the continuous building group on the east side of High Street running northwards from Bank Street to Eglinton Street. It is therefore a valuable building in terms of its contribution to the Irvine townscape and its unique sense of place. The proposed use is considered appropriate for a town centre conservation area location. The proposal is therefore acceptable in terms of Policy 9. In terms of the Placemaking Policy, it is noted that there are various commercial premises within Classes 1, 2 and 3 as well as sui generis uses such as public houses, hot food takeaways and betting offices within the High Street. There are no residential premises within the application building nor on either of the immediately adjoining buildings. Air conditioning units would be installed at the rear and at high level within a fully enclosed area. It is considered that the standard of amenity which would be achieved would be acceptable for a town centre location, and a significant improvement upon the current situation. It is further considered that the proposal would contribute to the aims of the Placemaking Policy in terms of supporting Irvine town centre, making a vacant building more welcoming, safe and pleasant for customers, residents and the wider public domain without harming the amenity of the area. The proposal also demonstrates the adaptability of the building at a location which is easy to access on foot, by public transport and by car. Converting an existing town centre building to uses which would attract footfall would be resource efficient as compared with new build. The proposal is therefore satisfactory in relation to Strategic Policy 2. National Planning Framework 4 Of particular importance to the proposed change of use is Policy 27, which seeks to "encourage, promote and facilitate development in our city and town centres, recognising they are a national asset. This will be achieved by applying the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living." 27
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Policy 27 intends town centres to be "vibrant, healthy, creative, enterprising, accessible and resilient places for people to live, learn, work, enjoy and visit." Part a) of Policy 27 states that "Development proposals that enhance and improve the vitality and viability of city, town and local centres, including proposals that increase the mix of uses, will be supported." Part c) states that: "Development proposals for non-retail uses will not be supported if further provision of these services will undermine the character and amenity of the area or the health and wellbeing of communities, particularly in disadvantaged areas. These uses include: i. Hot food takeaways, including permanently sited vans; ii. Betting offices; and iii. High interest money lending premises." There is clearly a balance to be struck between the need to support town centre adaptation and resilience on one hand and uses which could undermine character/amenity or health/wellbeing on the other. In this particular instance, it is noted that the application site has been largely disused since the closure of Happit in 2010, other than for a short time in 2023/24, a period of over 15 years. In its vacant and deteriorating state, the building is harming the amenity of Irvine High Street and the character of the town centre conservation area. Despite a lengthy marketing period of more than a decade, there is no evidence of demand for a Class 1A use. (Class 1A includes shops and a wide range of other services which would be appropriate for town centre locations). Given the scope of alternative uses which would be possible under the current use class, it is reasonable to consider alternatives. As noted above, planning permission was granted for a restaurant/gym during 2023 and was again marketed with the benefit of this consent (enabling a Class 3 or Class 11 use either in combination or independently of each other). As such, there is no evidence that there is any effective demand for a Class 3 or Class 11 use. The proposed change of use offers an opportunity to bring an alternative use to a long- term vacant building which is no longer required for retail purposes, as evidenced by over 15 years of disuse. It is not considered that the proposed betting office would "undermine" the character or the area nor the health and wellbeing of the community. It is noted that six betting offices have closed in Irvine during the past 15 years, three of which were in the town centre, the other three being in outlying housing areas including Bourtreehill and Girdle Toll. As noted above, there are currently four betting offices in the town centre. The long-term vacancy of this building has resulted in adverse visual impacts to the High Street with the accompanying sense of desolation, a lack of any activity or regular maintenance and an absence of employment. Notwithstanding the objections to the proposed change of use, it is considered that the proposals would be an positive way to sustain this large 1960s building and contribute to the future of Irvine's historic High Street. There is a wide mix of uses across Irvine town centre, including over 300 commercial units, only four of which are currently used as betting offices. Irvine town centre serves a large catchment population beyond the immediate settlement, including much of mainland 28
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North Ayrshire. Within this context, there is insufficient weight to justify refusal of the application on the grounds of community health and wellbeing. It is not within the remit of planning to control or limit the number of betting offices in a given area, nor the number of retail shops. Gambling is also subject to other regulations outside of the planning system. Nonetheless, as noted in the supporting statement, the applicant has a "safer gambling" policy to support the health and wellbeing of its customers. In addition, under 18s are not permitted entry into gambling premises. As such, it is considered that, on balance, the proposals accord with Policy 27 of NPF4 in that the proposed change of use would "enhance and improve the vitality and viability" of Irvine town centre by facilitating the re-use of a long-term vacant building at a sustainable High Street location in North Ayrshire's principal town. As noted in NPF4, town centres are national assets and require ongoing support to enable their adaptation both now and in the future. A vacant building cannot be described as "vibrant." The proposed change of use offers a positive opportunity to address the matter and enhance a deteriorating building with much needed repair and renovation works. If approved and implemented, the proposed use would generate footfall and employment. Finally, it should be noted that, under the Town and Country (General Permitted Development)(Scotland) Order 1992 (as amended), there is a permitted change between the proposed use and Class 1A or Class 3. This means that, should the proposed betting office use be granted and implemented, the premises could revert back to Class 1A or Class 3 at a later date without the need for planning permission. There are no other material considerations. In conclusion, having regard to planning policy in relation to the specific circumstances of the case, it is considered that the proposal would accord with the provisions of the development plan. Planning permission should therefore be granted. 4. Full Recommendation Approved with no Conditions Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318. 29
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