Hunterston Construction Yard, Fairlie - 2400444PPM
North Ayrshire Council · 27 November 2024
Back to Planning Committee — 27 November 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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NORTH AYRSHIRE COUNCIL 27th November 2024 Planning Committee Locality North Coast and Cumbraes Reference 24/00444/PPM Application Registered 6th June 2024 Decision Due 6th October 2024 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location Hunterston Construction Yard Fairlie North Ayrshire Applicant Clydeport Operations Ltd Proposal Construction of new quay wall, infilling of dry dock basin to upgrade existing marine construction yard, together with ancillary works, to include, site security fencing, lighting, removal of existing bund and sections of stone revetment, and surface water drainage work ___________________________________________________________________ 1. Description Permission is sought for the infilling of the dry dock basin within the existing marine construction yard and construction of a new quay wall. To facilitate these works an existing bund and section of stone revetment would be removed. It is also proposed to erect security fencing and lighting, substations, and carry out surface drainage works. Dredging works are proposed for the sea adjacent to the site. These works would be below the low mean water mark and as such do not require planning permission. A license for such activity is required from Marine Scotland and a separate application is required. Dredging does not form part of the consideration for this planning application. However, information relating to it has been submitted as the associated Environmental Impact Assessment (EIA) was prepared for both the planning application and marine license application. The application site is some 40ha in area, not including the access road. The site comprises all of the construction yard except for the north-east corner (which is subject of
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a separate application to form a Recycled Aquaculture System complex for Bakkafrost ref: 24/00588/PPM). The access road, also known as Power Station Road, extends from the construction yard to the A78. The whole Construction Yard has a lawful use for general industrial purposes (ref: 22/00717/LUE). The application falls within the category of "national" development, in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and National Planning Framework (NPF) 4. A pre-application consultation (PAC) was required. A PAC notice was received 11th September 2023 (ref: 23/00698/PREAPM). The proposal was scoped in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 on 17th December 2021 (ref: 23/00757/EIA). An EIA has been submitted and includes consideration of the following: Biodiversity Considers impact on designated sites, habitats and protected wildlife. It concludes that the construction and operational phase may result in impacts. However, it is not considered that any impacts would be more than negligible to moderate. Disturbance to marine mammals and wintering birds is possible during construction but mitigation measures are proposed which will ensure no significant effects on ecological features. A basking shark risk assessment, wintering bird survey and marine mammal risk assessment have been carried out. Mitigation measures include the employment of an independent ecological clerk of works (ECoW) and persons to observe marine mammals and birds to allow construction to take place in a manner which minimises impacts. The ECoW will audit a Construction Environment Management Plan (CEMP) which will set out such best practices to be adhered to. Seascape, Landscape and Visual Considers the impact on the seascape and landscape and concludes that any impacts would be limited to within 3km of the site. Any impact would be in the context of the existing industrial infrastructure and settlements, and it is considered the development would visually integrate to the wider area. Any visual impacts are not considered to be unacceptable given the site context. Terrestrial Noise A construction Noise Impact Assessment (NIA) has been carried out in accordance with the relevant planning advice. The NIA has predicted neutral impacts for construction activity. Dredging may have a noise impact during the nighttime. Traffic Assessment A maximum of 11% uplift in HGV movements during the construction period is predicted on the A78 but the overall impact on the trunk road is considered to be low. It is considered there is an insignificant potential for driver delay and non-motorised users of the area should also be minimally affected. It is not anticipated there would be any hazardous load/large load vehicle movements associated with the development.
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Water Environment and Coastal Processes
This considers the potential impact of the dredging, which does not form part of this
application. It is not considered there is significant impact from terrestrial construction
works given the potential for mitigation measures such as the CEMP.
Socioeconomic and Human Health
There are not considered to be any significant adverse effects associated with the socio-
economic impacts or on human health. There is considered to be a minor positive
economic impact during construction and in potential long-term future uses. The CEMP
could minimise risk to recreational uses of nearby pathways etc.
Accidents and Natural Disasters
The development in itself is not a source of a hazard that could result in a major accident
and/or disaster. There will be no increase in the risk of significant effect due to other
hazards occurring. Construction can be mitigated through appropriate management. If the
site becomes operational other regimes could control any operations such as licenses
from SEPA etc.
Navigation
This considers the risk to navigation. This would be a matter for the Group Harbour Master
and mitigation measures are suggested.
Although not full topics of the EIA, assessments of Air Quality; Material Assets and Wate;
and Carbon, Climate Change and Greenhouse Gas Emissions have also been provided. It
is concluded there are no significant impacts and in terms of air quality. A Dust
Management Plan for the construction phase is proposed.
The site is within the Hunterston Strategic Development Area and a Business and Industry
Employment Location, as identified within the Adopted 2019 North Ayrshire Council Local
Development Plan ("the LDP"). NPF4 identifies Hunterston as a Strategic Asset. The
relevant polices are Strategic Policy 2, Strategic Policy 3, Policy 7, Policy 15, Policy 16
and Policy 31 of the LDP and Policy 1, Policy 4 and Policy 14 of NPF4.
The Council approved a development framework for Hunterston PARC, which includes the
construction yard. The development framework is a material consideration for this
application.
2. Consultations and Representations
The application was advertised in the local newspaper. One comment was received.
1. It is unclear, from either the planning application or the marine license application,
where the material needed to infill the basin will come from. Whist the best practical
option, as the marine license application states, would be to use the dredge material and
there is no guarantee that any or all of the dredge material will be suitable.
There is no information of alternative sources. If this were to come by road it would
generate a significant number of vehicle trips. As such a condition should be put on any
permission restricting the delivery of any infill material to the site so that is from the seas
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Response: Agreed. Given the traffic assessment relates to construction works based on dredged material, it is considered appropriate, that should permission be granted, a condition restricting delivery of infill material. As Hunterston benefits from a rail head as well as sea links, it is considered any restriction should be to the road rather than specifying sea only. The following consultation responses were received. Transport Scotland - No objection subject to a condition. Prior to commencement of the development a Construction Traffic Management Plan (CTMP) should be submitted to Council for approval in consultation with Transport Scotland. Such a plan should include measures to facilitate the continuous operation of the Ayrshire Coastal Path. Response: Noted. If permission is granted it could be subject to such a condition. NAC Active Travel and Transportation (Roads) - No objections. Response: Noted. NAC Environmental Health - No objections. The noise assessment methodology and findings are noted, and advice is given on working hours. Conditions are suggested requiring the details set out in the submitted Geo-Environmental Risk Assessment are implemented, the Dust Management Plan carried out throughout construction and that a Construction Noise Management Plan be submitted to Environmental Health. Response: Noted. Such conditions could be attached to any permission, if granted. Office for Nuclear Regulation - They are assured that the proposed development can be accommodated within the off-site emergency plan arrangement. The proposed development does not present a significant external hazard to the safety of the nuclear site. Response: Noted. Northern Lighthouse Board - The Navigational Risk Assessment and review is noted. It is also noted the required Notification to Mariners and marine safety information will be issued as needed. Therefore, no objections. The developer should liaise with Northern Lighthouse Board regarding temporary navigation provision, seek their statutory sanction where necessary and upon completion send a set of as-built drawing to the UK Hydorgraphic Office. Response: Noted. The applicant is aware of these requirements which can also be added as an informative to any permission, if granted. Marine Scotland - The information relating to aquaculture remains the same as when Marine Scotland provided it to the applicant in October 2023. Response: Noted.
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SEPA - No objection. No flood risk concerns. The works will bring the site above the 200year Coastal Flood Boundary. SEPA are in discussions regarding waste permits. The surface water drainage discharge outfalls are proposed. The outfall which is proposed to the SSSI can be authorised under a license from SEPA. Response: Noted. NAC Flooding - No objection. The proposal would be unlikely to increase the number of people and property at flood risk. Response: Noted. NatureScot (formerly SNH) - Initially sought further information from the applicant. A letter was provided in August 2024. SNH consider that the proposal could adversely impact on the Southannan Sands SSSI including the Priority Marine Feature (PMF) of intertidal seagrass and blue mussel beds. Any works carried out must be done in accordance with a condition set out in the SNH response, to update the CEMP once intertidal surveys are compete, otherwise SNH would object. Response: Noted. Such a condition as suggested could be attached to any permission, if granted. Fairlie Community Council (FCC) - Note that the application is for terrestrial works only. Do not consider it is possible to consider the full implications without information as to where the material for infill will come from. It is understood the dredge material may not be suitable. Marine Scotland have not provided any view on the impact of the works. Clarity of the waste permits with SEPA should also be sought. No decision should be made until this is clarified. The application should be determined in parallel with the Marine Scotland application. The EIA states that works will be carried out 24 hours 7 days a week. NAC Environmental Health point out their hours are 7am to 7pm Monday to Saturday and the need to notify of work outwith those hours. Any such request should be based on environmental or technical reasons and not just to expedite works. Concern over noise and the likelihood of disturbance from late night working. As NAC Environmental Health are unlikely to be able to monitor, particularly at night, 24-hour monitoring should be a requirement for the developer. Note that Peel Ports are listed as whole owner of site. Previously it was understood that the Crown Estate owned some of the site. Concerns are expressed that Peel Ports has a monopoly of ports in the Clyde. Response: The comments around dredging are noted. These are not subject of the application and are a matter for Marine Scotland as part of the license application. Notwithstanding, as the information submitted assesses traffic in terms of use of dredged material for infill, it is considered a condition could be attached to restrict deliveries to means other than the road.
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The Marine License application is part of a separate regime and relates to works for which planning permission is not required. SEPA licenses would be a matter for SEPA. The planning application must be determined on its merits in accordance with the development plan and all other material considerations. The outcome of other license applications are not material considerations. NAC Environmental Health has requested a Construction Noise Management Plan, which can be conditioned if permission is granted. This would include details of appropriate monitoring. The applicant has confirmed that they own the site. The comments regarding ownership of ports is not a material consideration. The Cumbrae, Largs and West Kilbride Community Councils were consulted but no comments have been provided. 3. Analysis Strategic Policy 3: Hunterston Strategic Development of the LDP area states that proposals for certain industrial uses will be supported at Hunterston Deep Water Port including renewable generation, manufacture, maintenance and testing; maritime decommissioning and construction; bulk handling facilities; and other storage, processing and distribution and light industry facilities which would not undermine the strategic importance and unique asset of Hunterston as a deep-water port. Policy 7: Business and Industry of the LDP states that support will be given in principle to business and industry uses in identified locations, including Hunterston. NPF4 identifies Hunterston, including the Construction Yard, as a Strategic Asset. It states that the repurposing of Hunterston will be supported. NPF4 identifies certain development proposals which are to be classified as 'national' in terms of the hierarchy of development. Such national developments are considered to support the redevelopment and reuse of the existing strategic asset. Such development supports the national spatial strategy. One of the developments identified as 'national' is 'Infrastructure to support a multi-modal deep- water harbour.' On 1st December 2021, the Planning Committee agreed to approve a development framework for Hunterston PARC, which includes the construction yard. The development framework identifies this location as suitable for development. It identifies the site as a marine yard with scope for industrial development. Strategic Policy 2: Placemaking of the LDP sets out the six qualities of a successful place. The relevant qualities in respect of this development are considered to be 'distinctive,' 'resource efficient,' 'safe and pleasant' and 'adaptable.' Policy 14 of NPF4 is essentially a reiteration of the six qualities, with the relevant qualities being 'distinctive,' 'sustainable,' 'pleasant' and 'adaptable.' It is considered that infilling the dry dock basin and creation of the quay wall is infrastructure to support a multi-modal deep-water harbour. The land has a lawful use for general industry and this development will facilitate such uses. The proposal would support the repurposing of the Hunterston Construction Yard. As such the proposal accords with the principles of Strategic Policy 3 and Policy 7 of the LDP and Hunterston Strategic Asset, as identified in NP4, and the development framework for Hunterston PARC. The proposal also meets the
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'adaptable' criteria of Strategic Policy 2 of the LDP and Policy 14 of NPF4 in that it will facilitate re-use and flexibility for an existing industrial site. Policy 15 of the LDP states that, where appropriate, development should take into consideration its individual and cumulative impacts on landscape features. The physical works proposed comprise a permanent quay on the north-western edge of the yard, infilling of the current dry dock to create a uniform ground level, installation of fencing between 2.4m and 3m in height, upgrading the existing access road on the south-eastern edge of the yard to 7.3m wide with 2m footpath and creation of a similar access road on the south-western edge of the yard. Lighting columns would be erected around the edge of the yard. They would vary in height from 4m to 10m with six 34m high columns being erected on the inside edge of the new quay wall. There would be electricity substations at the northern, southern and western corners of the yard. These would be some 2.7m in height with largely flat roofs. The physical appearance of the works is as may be expected for an industrial area. The works would be highly visible at close range, such as from Hunterston House, the road network to the nuclear power stations and the Fairlie Moor Road. These are views which are already primarily industrial in the foreground, and it is not considered the works would have any significant unacceptable impact. The works would also be visible from the west and north. The main visual impact would be on views from the western end of Millport and the east side of the Isle of Cumbrae. The works would be visible from the Millport Conservation Area, but it is not considered it would have any impact on the setting of the Conservation Area. From the north the works could be viewed from the recreation area at the end of Ferry Road, Fairlie The yard is already prominent from those locations. The quay wall itself would likely have a minimal impact on views but the lighting columns would be more prominent. The other works are likely to be imperceptible from any distance. The lighting columns would be viewed against the context of the existing industrial landscape including the former coal yard and nuclear power stations. From Fairlie, the view to the south is at a distance of some 3.2km with the jetty for the former coal yard in between. The development permitted in the area, but not yet built, such as 185m high cable extrusion tower in the former coal yard, is noted. It is also noted that from popular recreation and views spots at Portencross and the Glaid Stone at the top of Cumbrae, there would be no or very little view of the works. Given all of the above, it is not considered that the visual impact of the proposal would be such to harm the amenity of the area or local landscape features. The development is therefore considered to accord with Policy 15 of the LDP and the 'distinctive' qualities of Strategic Policy 2 and Policy 14 of NPF4. Policy 16 of the LDP states that support will be given to development which would not have an unacceptable impact on our valuable natural environment. Development affecting Sites of Special Scientific Interest (SSSIs) will not be permitted unless it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area will not be compromised, or any adverse effects are clearly outweighed by social, environmental, or economic benefits of national importance.
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Policy 4 of NPF4 is similar to Policy 16 of the LDP in that it states development proposals that will affect SSSIs will only be supported where the objectives of designation and overall integrity will not be compromised, or any significant adverse effects are clearly outweighed by social, environmental or economic benefits of national importance. The application site is not within any designated site. However, it is bounded on its eastern, part of its northern and part of its south-western side by the Southannan Sands SSSI. This was first notified as a SSSI in 1971 and re-notified in 2013 with a reduced area. The SSSI is notified for its intertidal marine habitats and saline lagoons: sandflats. The sandflats extend for over 4km of coast, divided into three areas by the Hunterston Construction Yard and the jetty of the former coal terminal. The proposed works are either restricted to the interior of the existing yard or to its north- western edge, the furthest part from the SSSI. NatureScot was consulted on the proposal and offer no objections subject to a condition requiring an intertidal survey to be completed in advance of works commencing with details to be submitted and agreed. This should form part of an updated CEMP. Such a condition could be attached to any permission. The application has included surveys of species within and near the site and mitigation measures to minimise disturbance during construction. Such mitigation could be required by condition as could the employment of an independent ecological clerk of works (ECoW) to ensure compliance with the CEMP. The surface water from the site currently drains to the Clyde and it is proposed to continue to do this. The new proposed outflow to the SSSI would require the authorisation of SEPA. Subject to a condition required by NatureScot and conditions relating to the ECoW and carrying out of the CEMP, it is not considered that the proposal would harm the objectives of the SSSI or its integrity. Notwithstanding, it is also noted that the development would meet the criteria to be considered as a 'national' development. The proposal therefore complies with Policy 16 of the LDP and Policy 4 of NPF4. The proposal would also meet the 'resource efficient' and 'sustainable' qualities of Strategic Policy 2 of the LDP and Policy 14 of NPF4 in that supports the efficient use of resources and integrates biodiversity solutions. A Construction Environment Management Plan (CEMP) has been prepared and as set out above this could be updated to reflect NatureScot's requirements. The CEMP also includes details of measures to mitigate construction impacts on residential amenity. NAC Environmental Health was consulted and offers no objection. It is suggested that the Dust Management Plan be carried out throughout construction and that a Construction Noise Management Plan be submitted. Such conditions could be attached to any permission if granted. Given the chance that works outwith daytime hours could be required, and given FCC's comments regarding monitoring, any CNMP should include details of proposed monitoring of works outwith normal working hours. NAC Environmental Health would retain the power to investigate any statutory nuisance should it occur. Transport Scotland and NAC Active Travel and Transportation (Roads) were consulted and offer no objections. A condition could be attached to any permission requiring the submission of a Construction Traffic Management Plan (CTMP) to include measures to mitigate impact on the Ayrshire Coastal Path network. The submitted information relating to road impacts is on the basis that infill material will be brought by sea. A condition could also
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be attached to any permission restricting deliveries of infill material to non-road sources i.e. the sea or by rail, in order to reflect the predicted impacts as considered in this application. The Northern Lighthouse Board has no objections in respect of navigation and an informative could be attached to any permission to clarify their requirements to any developer. Subject to such conditions it is not considered the proposal would have any significant adverse impacts on local amenity, the road network or navigation. The proposal therefore accords with the 'safe and pleasant' criteria of Strategic Policy 2 of the LDP and the 'pleasant' criteria of Policy 14 of NPF4. Policy 31 of the LDP requires 'major' development proposals to be assessed in terms of possibility for district heating or other forms of renewable energy storage. The proposal is a 'national' development by way of the Hierarchy of Development Regulations which is equivalent in Policy 31 terms to 'major.' However, the works themselves do not constitute a significant heat source. Should a development constituting a significant heat source be proposed for the yard following the works, this would be considered on its merits should an application be required. As such the proposal accords with Policy 31 of the LDP. Policy 1 of NPF4 states that when considered all development proposals significant weight will be given to the global climate and nature crises. The site is an existing industrial yard. The proposed works would facilitate the use of the yard. Any future uses which require planning permission would be considered on their own merits. However, it is not considered that the works subject of this application is intrinsically incompatible with addressing the climate and nature crises and the impact on protected species and habitats is considered above. Indeed, the changes to the yard could allow for development which would help address those issues. The proposal accords with Policy 1 of NPF4. The proposal is considered to accord with the relevant policies of the development pan. There are no other material considerations to the contrary and permission can be granted subject to conditions. 4. Full Recommendation Approved subject to Conditions Reasons for Decision The proposal complies with the relevant provisions of the development plan and there are no other material considerations that indicate otherwise. This is determined following an assessment which has had regard to the provisions of the development plan, so far as material to the application, and to any other material considerations. Condition 1. Prior to any works commencing on site a Phase II Intertidal Survey will be completed and provided to North Ayrshire Council, as Planning Authority, and NatureScot. The Construction Environment Management Plan (CEMP) will be updated to reflect the findings of this survey including details of the approach to ongoing assessment of the
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identified PMFs during and post works. Following completion of the works a Project Completion report will be provided detailing the PMF condition recorded during and post work completion. This report will also detail any remedial work required to be carried out on the basis of the monitoring results, to be agreed with the Council, as Planning Authority, in consultation with NatureScot. Thereafter all works are to be carried out in accordance with any CEMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure the CEMP reflects any potential impacts on the adjacent intertidal area and provides an appropriate construction management plan and to meet the requirements NatureScot. Condition 2. Prior to commencement of the development an independent ecological clerk of works (ECoW) shall be appointed. The contact details, credentials and terms of reference shall be submitted to the Council, as Planning Authority, for approval. For the avoidance of doubt, the ECoW will audit the CEMP, and the construction practices contained therein. The ECoW will have the authority to halt any works not in accordance with the CEMP and report such incidences to the Council, as Planning Authority. Reason To ensure proper oversight during the construction process Condition 3. Prior to commencement of the development a Construction Traffic Management Plan (CTMP) shall be submitted to the Council, as Planning Authority, for approval in consultation with Transport Scotland. Such a plan should include measures to facilitate the continuous operation of the Ayrshire Coastal Path. Thereafter all works are to be carried out in accordance with any CTMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure construction traffic is suitably managed and to maintain appropriate operation of the coastal path network Condition 4. That no infill material shall be brought to the site by road. Reason In recognition of the transport assessments carried out and in the interests of road traffic management. Condition 5. Prior to the commencement of the development, a Construction Noise Management Plan (CNMP) shall be submitted to the Council, as North Ayrshire Council, for approval in consultation with NAC Environmental Health. Any CNMP shall include details of proposed monitoring for any possible work outwith the hours 7am to 7pm and details of procedures to be undertaken should NAC Environmental Health receive a valid complaint relating to noise disturbance. Thereafter all works shall be carried out in
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accordance with any CNMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate management of noise from construction in the interests of amenity. Condition 6. Prior to the commencement of the development, a Dust Management Plan (DMP) shall be submitted to the Council, as North Ayrshire Council, for approval in consultation with NAC Environmental Health. Thereafter all works shall be carried out in accordance with any DMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate management of dust from constriction in the interests of amenity. Condition 7. The works shall be carried out in accordance with the recommendations set out in Section 5.2 of the Phase 1 Geo-Environmental Risk Assessment, prepared by Envirocentre dated March 2024. Any unsuspected contamination become evident during the works shall be brought to the attention of NAC Environmental Health. Thereafter a suitable investigation strategy as agreed with North Ayrshire Council, as Planning Authority, shall be implemented and any necessary remediation works carried out prior to any further works taking place on the site, all to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure that any unsuspected contamination is identified and dealt with appropriately site and to meet the requirements of NAC Environmental Health. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320.
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Appendix 1 – Location Plan DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of His Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire Council Licence Number AC0000825715.