Tennox Farm, Kilbirnie - 2400547PPM
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 Reference 24/00547/PPM Application Registered 2nd September 2024 Decision Due 2nd January 2025 Ward Garnock Valley Recommendation Approved subject to Conditions __________________________________________________________________ Location Tennox Farm Kilbirnie North Ayrshire KA25 6LX Applicant Mr Gareth Wilson Proposal Tourist accommodation development to include: - change of use of agricultural land, erection of buildings for holiday lets, ancillary outbuildings, hunting lodge and alterations/extension to existing stable building for manager's accommodation (in retrospect); - the erection of a storage/agricultural/activity building with link corridor to existing shed, erection of holiday cabins and all associated parking, footpaths, landscaping, parking and upgraded drainage infrastructure (proposed) ___________________________________________________________________ 1. Description Planning permission is sought for major development at Tennox Farm, Kilbirnie, primarily associated with an established tourism business but also for residential use in association with the tourism and agricultural enterprises. The application consolidates a number of unauthorised developments and future plans for the site into one comprehensive development proposal. The existing developments which the applicant is seeking consent for the retention of, and, in some instances their change of use, are as follows: - Erection of 1.5 storey dwelling for use as a holiday home (the subject of an enforcement notice served in 2023);
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- Erection of ancillary outbuildings within the curtilage of the holiday home (gym, BBQ hut, garden store, cleaners store, pergola - all subject of an enforcement notice served in 2023); - Erection of upper floor accommodation above stables block for use as manager's flat (whilst the stables block has planning permission, the flat above does not and is currently unauthorised); - Retention and re-development of unauthorised yard area with landscaping and shed (see below); - Erection of holiday lodge (referred to in the plans as 'boat house'); - Erection of a timber cabin (referred to in the plans as 'shooting lodge'). The proposed developments are as follows: - Erection of shed and link corridor within yard area for agricultural, storage and tourism uses (the link corridor would connect the proposed shed to an existing shed (with planning permission) used for storing/displaying a collection of vehicles and known as the 'heritage museum'); - Erection of 5 no. holiday cabins at the northwest of the site; - Erection of caretakers lodge at the north of the site; - Formation of footpath network; - Extensive landscaping works, primarily tree planting for biodiversity enhancement; - Ancillary infrastructure works to include formation of SuDS detention basin for the storage and treatment of surface water and the upgrading of the foul drainage network to include new septic tank and reedbed in an existing ditch, with disposal to Pitcon Burn. Tennox Farm is located in the rural area to the south of Kilbirnie and north of Dalry, and is accessed from the B780 which runs to the east of the site. Whilst Tennox has retained some agricultural land use, with Highland cattle grazing on some of the fields, it could not be described as a typical working farm, having diversified towards predominately tourist accommodation use in recent years. Tennox Farm has been developed by its current owners to provide residential accommodation, holiday homes, storage, equestrian and yard developments during the past decade. The highest parts of the site around the original steading provides panoramic views over the surrounding rural landscape. The land around the site consists of open countryside and is mostly used for grazing. The land falls towards the west into the narrow valley of the Pitcon Burn, beyond which the ground rises upwards towards Langside Farm, Swinlees Farm and Carswinning Hill where there is a hard rock quarry. To the east, the ground falls towards the floor of the Garnock Valley. To the north and south, the ground falls more gently through agricultural land towards the settlements of Kilbirnie and Dalry, respectively. In support of the application, the following documents have been provided: - Pre-application consultation (PAC) report - Design and Access Statement - Planning Statement - Business Plan - Preliminary Ecological Appraisal - Coal Mining Risk Assessment - Transport Statement
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- Drainage Strategy - Lighting Assessment - Biodiversity Enhancement Plan The application requires to be considered in terms of the Local Development Plan (LDP) and National Planning Framework 4 (NPF4). In terms of the LDP, the following policies require consideration: Strategic Policy 1 (The Countryside Objective), Strategic Policy 2 (Placemaking), Policy 6 (Supporting Sustainable Tourism), (Policy 14 (Green and Blue Infrastructure), Policy 15 (Landscape and Seascape), Policy 18 (Forestry, Woodland, Trees and Hedgerows), Policy 22 (Water Environment Quality). In terms of NPF4, the following policies require consideration: Policy 1 (Tackling the climate and nature crises), Policy 2 (Climate mitigation and adaptation), Policy 3 (Biodiversity), Policy 9 c) (ground stability or contaminated land), Policy 14 (Design, quality and place), Policy 29 (Rural development) and Policy 30 (Tourism). Tennox Farm has an extensive planning and enforcement history, which is summarised as follows: Planning applications 06/00850/PP - Change of use of byres including alterations and extensions to form 2 dwelling houses - approved subject to conditions on 27th February 2007 18/00273/PP - Conversion of outbuildings to form 2 no dwelling houses and widening of access driveway (retrospective) - approved 10th May 2018 20/00446/PP - Change of use of agricultural land to form extension to curtilage associated with Tennox Farm and the erection of general purpose storage shed for personal domestic use (retrospective) - withdrawn 9th February 2021 21/00104/PP - Erection of general purpose storage shed for personal domestic use (retrospective) - approved subject to conditions 12th March 2021 21/00105/PP - Erection of stables and formation of riding arena (retrospective) - approved subject to conditions 23rd June 2021 22/00331/PP - Erection of dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospective) - refused 6th September 2022 and local review subsequently dismissed. 23/00096/PP - Change of use of agricultural land to form yard (in retrospect); the erection of a shed for agricultural and general purpose non-commercial storage with link corridor to existing storage shed; the erection of boundary treatment and the undertaking of landscaping/ancillary works - application withdrawn 30th August 2024 Enforcement Notices 18/00019/ALTS - Erection of large shed to north of property, riding arena and stables - Section 33A notice complied with and planning permission for the developments granted in 2021 under refs. 21/00104/PP and 21/00105/PP 22/00012/BREACH - Extension of yard and associated works, erection of additional house, and non-compliance with conditions. (Two separate notices were served, one during 2022 for the yard and one during 2023 for the house). All of the developments which were subject of the notices are included in the current planning application. The conditions which were breached have been addressed, through compliance, during 2023.
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This application was screened for EIA purposes in 2024 with the conclusion that EIA was not required. 2. Consultations and Representations The application was subject to the statutory neighbour notification process and included a notice in a local newspaper. A total of 61 representations were made, with 59 in support of the application, 1 opposed and 1 neutral with a recommendation. Objections 1. The L shaped dwelling house and associated buildings have already had permission refused, including a failed appeal, because they do not meet the LDP policies. These reasons are still valid despite the intended use now being changed to one of tourism. Response: Notwithstanding the planning and enforcement history of the site, the current application requires, by statute, to be considered on its individual merits. By law, planning applications required to be determined in accordance with the development plan unless material considerations indicate otherwise. Consideration of the application against the development plan and other relevant material planning considerations is provided in the Analysis section of the report. 2. The site itself is within an expansive rural area beyond the original developed area around Tennox Farm. The site is already over developed beyond the curtilage of what would have been the original Tennox Farm. The intended development will require further roads and paths to be laid, continuing the impact on the visual amenity of the site, reducing drainage capacity and reducing the agricultural nature of the area. Response: Noted. See Analysis below. 3. With regards to the stable block, the applicant owns all of the properties within Tennox Farm and therefore accommodation is available to meet the needs of a site manager without the need for the second storey above the stables. The additional floor with its windows, decorative lintels, balconies etc has made a more significant visual impact on the amenity, than the original simple stable's design. Response: Noted. See Analysis below. 4. The land designated for the sheds should be agricultural land, not a yard and not a site for sheds. An enforcement notice served in March 2022 already determined that the 'existing yard' has a negative impact on the visual amenity and is incongruous with the established character of the countryside area. Response: Noted. See Analysis below. 5. The proposed sheds would have a negative visual impact on the rural scene irrespective of the bund and landscaping because of the height of the land, the height of the sheds and the sheer gross size planned development - over 3000m2 in total footprint of the 2 sheds and link corridor. It would be visible for a significant distance along the valley from the west, even with screening because it will be a significant number of years
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before trees planted even on a bund will extend beyond 8 metres high. This proposal is out of scale with existing buildings in the surrounding area even when there are agricultural sheds in the vicinity. It is not in scale with the existing buildings on the Tennox site either. Response: Noted. An existing shed on the site, containing a collection of private vehicles, already has planning permission (ref. 21/00104/PP). Analysis of the proposed additional shed and link corridor from the existing shed is provided in the next section of the report. 6. The purpose of one shed, a personal car collection, does not meet any of the 9 exceptions to development outwith towns and villages as laid out in strategic policy 1 in the local plan. It is nothing to do with the intended tourist accommodation usage. Response: Noted. As noted above, an existing shed on the site, containing a collection of private vehicles, already has planning permission (ref. 21/00104/PP). See Analysis below. 7. This whole proposal would further extend the already extensive light pollution from Tennox buildings and landscaping further up the valley. The totality of the buildings and landscaping, all constantly lit in the hours of darkness looks like a hamlet when viewed from the B784. The lighting assessment in the current application demonstrates how the new buildings will have reduced impact lighting installed but it does not describe how the existing development will also have its lighting impact reduced which was a condition of the permission granted for the original shed in 2021. Response: Noted. A lighting assessment has been submitted with the application. See Analysis below. 8. The proposed 15 place car park is sited in a very visually obtrusive position in front of the stable block. It will be a very obvious intrusion on a current view of grazing fields in the valley and would be better placed where it cannot be seen from the B784. Response: Noted. The proposed car park would be screened by landscaping. See Analysis below. 9. The rural and agricultural character of this part of the Garnock Valley is important to everyone and it is important to any businesses which rely on the quiet and rural aspect of the valley. The Pitcon Burn is quiet and unspoilt. It feels that parts of the proposed (holiday lodge) development will be too intrusive in their current design and will have a permanent negative impact on the whole of this part of the valley. Response: Noted. See Analysis below. Support comments 59 letters of support have been submitted. These are largely from visitors who have spent time at Tennox Farm or from tradespeople who have worked there. The comments have been submitted by people from a wide geographical area including North Ayrshire and surrounding districts, other parts of Scotland, England, Wales and Northern Ireland. 1. The comments which have been submitted by previous visitors to Tennox are very positive in relation to the existing facilities provided, making reference to the high quality of
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the environment, the interesting and unique buildings, the well-maintained landscape, helpful staff and its rural setting/views. Response: Noted. See Analysis below. 2. Many comments also highlight the economic regeneration benefits of the proposed developments to the local area in terms of tourism, visitor expenditure and the jobs which have been created both within the site (eg. cleaners, admin staff, maintenance workers, building trades) and in the 'satellite' businesses such as Glow in Dalry (eg. beauty therapists, hairdressers). Response: Noted. See Analysis below. 3. Comments were also made in relation to the support for other local businesses which visitors to Tennox Farm make use of, including hot food takeaways, restaurants and shops. Response: Noted. See Analysis below. 4. The job creation potential of the proposed developments has been highlighted as being of significant importance to the long-term future of the Garnock Valley area, with comments stating that the proposals represent "a vital step forward for the local economy, offering much-needed jobs and helping Kilbirnie thrive as a destination for countryside tourism." Response: Noted. See Analysis below. Other comments RSPB Scotland has recommended that swift bricks be incorporated into the existing and new buildings to provide nesting opportunities for swifts which are now a 'red-listed' species on the list of birds of conservation concern. Response: Noted. A condition could be attached to address this concern. Consultations NAC Active Travel and Transportation - no objections. An existing access will be used for this proposal. Sightlines of 2 x 215m in both directions are achievable. A Transport Assessment is available. Response: Noted. NAC Environmental Health -no objections, subject to conditions in respect of ground gases associated with historic mining and in respect of any unsuspected contamination of the ground. Notes that the applicant must ensure that the septic tank/small-scale sewage treatment plant to serve the proposed development is designed and installed in accordance with the relevant British Standards to be of adequate capacity for the intended purpose, capable of operating efficiently without giving rise to nuisance. Any effluent discharges must not be located in the proximity of any private water extraction sites. Any relevant consent to discharge to the water environment should be sought from the Scottish Environment Protection Agency (SEPA). The applicant should contact North
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Ayrshire Council's Licencing section to ensure any short-term let accommodation is registered accordingly. Any asbestos material encountered on site must be dealt with in accordance with all relevant legislation and codes of practice. Appropriate arrangements must be made for the removal and proper disposal of waste materials off site. Burning waste on site is not permitted unless exempted by SEPA. Irrespective of any permitted SEPA exemptions, dark smoke or smoke nuisance must not be created at any time. Response: Noted. A letter has been sent to the applicant/agent regarding the above matters. Where appropriate, conditions are recommended. Notes can also be attached to any grant of planning permission. The Coal Authority - no objections subject to conditions. The Coal Authority records indicate that parts of the site lie within an area of both recorded and probable historic unrecorded shallow coal mining. These coal mining features could affect public safety and surface stability for the proposed development. Whilst parts of the site have been investigated to confirm these areas are not at risk from shallow coal mine workings, the overall application site remains at risk and as recommended by Mason Evans Geo- Environmental Consultants, further works are required. The findings of the additional ground investigation works within the areas of Westfield Lodges, East Lodge and the Stables and Riding area should inform the extent of any remedial and / or mitigation measures required to ensure that the development, as a whole is or can be made safe and stable. The intrusive site investigations should be designed and undertaken by competent persons to ensure that these are appropriate to assess the ground conditions on the site to establish the coal-mining legacy present and the risks it may pose to the development and inform any mitigation measures that may be necessary. Wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. Local planning authorities should seek their own technical advice on the gas hazards that may exist, and appropriate measures to be implemented, from technically competent personnel. It should be noted that where SuDS are proposed as part of the development scheme consideration will need to be given to the implications of this in relation to the stability and public safety risks posed by coal mining legacy. The developer should seek their own advice from a technically competent person to ensure that a proper assessment has been made of the potential interaction between hydrology, the proposed drainage system and ground stability, including the implications this may have for any mine workings which may be present beneath the site. It should be noted that there are two recorded mine entries within or within 20m of the site boundary (1 x on-site; 1 x off-site) however, our records state that these relate to ironstone workings. Accordingly, as the remit of the Coal Authority's Planning team extends to coal mining legacy only, we are unable to advise whether ironstone mine entries will cause any land instability / public safety issues. However, the applicant should be made aware of the requirement of Policy 9 (c) of NPF4 that they need to demonstrate to the satisfaction of the LPA that the application site is safe, stable and suitable for development Response: Noted. In the event of planning permission being granted, the recommended conditions and accompanying notes could be attached.
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Scottish Water - no objection. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. There is currently sufficient capacity in the Camphill Water Treatment Works to service the development. However, please note that further investigations may be required to be carried out once a formal application has been submitted to us. There is no public waste water infrastructure within the vicinity of this proposed development therefore we would advise applicant to investigate private treatment options. Response: Noted. The applicant is aware that there is no public sewer serving the site and has proposed the upgrading of the existing private drainage system to include waste water treatment and a separate surface water system including SuDS. West of Scotland Archaeology Service - advise that archaeological work is unlikely to be required in relation to the proposal; this is because it is apparent that most of the major ground disturbance required for construction of the development appears to have taken place already. Response: Noted. Kilbirnie & Glengarnock Community Council - no comments. 3. Analysis In terms of the adopted LDP, the site is located within a rural area allocated as countryside. The following analysis will firstly consider the development plan (the North Ayrshire LDP followed by NPF4), and secondly, the other material considerations associated with the proposed development and its planning/enforcement history. North Ayrshire Local Development Plan (the LDP) The LDP was adopted 5 years ago in November 2019. It sets out strategic land use policies for North Ayrshire under the broad themes of coast, countryside and towns/villages. In this case, the relevant strategic land use policy is The Countryside Objective, part of Strategic Policy 1. Strategic Policy 1 - The Countryside Objective The Countryside Objective recognises that "our countryside areas play an important role in providing homes, employment and leisure opportunities for our rural communities. We need to protect our valuable environmental assets in the countryside while promoting sustainable development which can result in positive social and economic outcomes." Whilst noting that "in general, countryside areas are less well suited to unplanned residential and other developments because of their lack of access to services, employment and established communities" it outlines support for the following categories of development and land use (NB only those most relevant to the current planning application are reproduced below): a) expansions to existing rural businesses and uses such as expansions to the brewery and distillery based enterprises in the area;
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b) ancillary development for existing rural businesses and uses, including housing for workers engaged in agriculture or forestry; d) tourism and leisure uses, where they would promote economic activity, diversification and sustainable development, particularly where they develop our coastal tourism offer/ infrastructure. It is noted that Tennox Farm is now an established rural tourism business through the provision of high quality holiday cottages for visitors to the area. Unlike the coastal and island parts of North Ayrshire, the Garnock Valley has not traditionally been associated with tourism, with its economy being more closely tied to industry and agriculture. Despite this, the quality of accommodation and facilities on offer at Tennox has helped to change the perception of the area. As noted in the supporting business plan, it has become a significant employer in the locality as a result of its success. Future expansion of the site, provided this is sensitive to the rural environment, would accord with the Countryside Objective. For the safety and security of guests and their belongings, it is accepted that the management of the site requires an on-site presence. This is of particular significance in light of the proposed addition of log cabins, which will likely result in an increase in the potential number of guests staying at any one time. The proposed owners/managers flat would be above a previously consented stable block. The proposed caretakers lodge, similar in design and size to a holiday cabin and located towards the north end of the site, would provide a secondary presence on the site for the management of facilities, guests and ground maintenance. Together with the various other enhancements proposed to the site (landscaping, biodiversity, drainage, paths etc.) it is considered that the application can be supported in terms of Strategic Policy 1. Strategic Policy 2 (Placemaking) This strategic policy aims to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. Applications are expected to meet the six qualities of successful places, contained in this policy. Through the submitted supporting information, the following comments are made in relation to the six qualities of successful places: Distinctive It is considered that the proposal draws upon the positive characteristics of the surrounding area to create a place with a sense of identity. This is evident from the existing developments. The proposed developments would adopt a timber cabin theme with woodland landscaping which is considered appropriate for the rural surroundings given the character of the area. Existing and proposed building design throughout the site is considered to be appropriate for the rural setting of Tennox, taking into account the nature of the proposed use for tourist accommodation. Welcoming/Safe and Pleasant It is considered that the proposal has considered the future users of the site by creating a pleasant, positive sense of place by promoting visual quality and a sense of security. The proposed layout would help people to find their way around by accentuating existing
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landmarks to create or improve views. This quality also requires that appropriate signage and lighting is used to improve safety. The signage at Tennox is limited to a carving on the stone entrance wall adjacent to the B780, which is inconspicuous within its rural setting. Lighting, which was the source of complaints several years ago, has been reduced in terms of its brightness. A lighting strategy has been provided for the entire site, including the existing and proposed developments. The strategy demonstrates, using accepted professional methodologies, that the lighting scheme for the proposed developments will be compliant with the residential and ecological receptor criteria as set out in the Scottish Government's published guidance. A range of mitigation measures are proposed. Subject to the implementation of the development against the submitted mitigation measures, the proposal is considered acceptable in this regard. The Safe and Pleasant criterion highlights that proposed development "sufficiently investigates and responds to any issues of ground instability." In response to the submitted coal mining risk assessment, The Coal Authority has no objections to the existing and proposed developments subject to further intrusive investigations being carried out. As noted above, these matters can be addressed by conditions. For consideration of landscape and visual impacts, refer to Policy 15 (Landscape and Seascape), below. Adaptable The ongoing development of Tennox Farm demonstrates the adaptability of the site for tourism purposes, having successfully diversified from an agricultural unit. Resource Efficient Solar PV panels would be installed on the roof of the existing shed (heritage museum) to provide renewable energy for the site. A biodiversity enhancement plan has been submitted in support of the application, which notes that the proposal will bring about a significant biodiversity net gain primarily in terms of new native tree and shrub planting, creating an orchard, bird boxes, bat boxes, infilling gaps in hedgerows and creating new wetland areas. A sustainable drainage system would also be provided to ensure improved water quality prior to discharge to the Pitcon Burn. See also Policy 14 (Green and Blue Infrastructure) and Policy 22 (Water Environment Quality), below. Easy to Move Around and Beyond The site is within 2 miles of Kilbirnie and Dalry. The adjacent B780 is a bus route, although there are currently no bus stop facilities near to the site entrance. There are no safe walking facilities alongside the B780 near to the site, although there is a 3m wide roadside footpath nearer to Kilbirnie (starting at the junction with Boag Road). These factors would tend to mean that most, if not all, journeys to and from Tennox would be by private vehicles. However, it is not considered that the scale of the proposed development would be a significant trip generator. In summary, it is considered that the application can be supported in terms of Strategic Policy 2. The relevant detailed policies of the LDP are considered below. Policy 6 (Supporting Sustainable Tourism) In principle, Policy 6 supports the creation and enhancement of tourism and related activities that are in accordance with the Tourism Framework for Scotland and with the Council's
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current Tourism Strategy, including development and expansion of chalets, static and touring caravan, and other camping sites. Development should be sited to take into account the details contained with the flood risk management policy, in particular for uses described as being most vulnerable by SEPA. Tennox Farm has already added to the range of tourist accommodation within North Ayrshire, and within an area that has not traditionally catered for overnight stays. The proposed holiday home and lodge developments would continue the established theme at Tennox, adding new forms of accommodation within an attractive landscaped setting. The total number of holiday homes and lodges both existing proposed is not significant (ie. less than 20). It is considered that the existing and proposed developments would be within environmental capacities (eg. treatment and disposal of waste water, traffic generation, energy use). The proposed developments would be for self-catering purposes, and would not feature eating or drinking facilities such as a cafe or restaurant. It is considered that the omission of such facilities would help to generate visitor expenditure in the local towns and villages, as evidenced by the submitted business plan. The site is not at risk of flooding from the nearest watercourse, the Pitcon Burn, taking future flood risk into account. It is therefore considered that the proposed development accords with Policy 6. Policy 14 (Green and Blue Infrastructure) This policy requires that all proposals should seek to protect, create, enhance and/or enlarge our natural features and habitats which make up our green and blue infrastructure (including open space), ensuring no unacceptable adverse environmental impacts occur. Green and blue infrastructure should be multi-functional, accessible and integral to its local circumstances. The application provides a series of measures which would address the requirements of Policy 14, including a sustainable drainage system for the management and treatment of surface water, the upgrading of the existing waste water treatment system, the provision of new woodlands linked by footpaths and therefore accessible to visitors to the site as well as the retention of existing hedgerows and most of the agricultural fields. In comparison with the baseline situation, it is considered that the green and blue infrastructure would be enhanced. The proposed development therefore accords with Policy 14. Policy 15 (Landscape and Seascape) The policy supports development that protects and/or enhances landscape/seascape character, avoiding unacceptable adverse impacts on designated and non-designated landscape areas and features. The application site does not affect any areas of national scenic areas, special landscape areas nor wild land. With regard to local landscape features, and where appropriate, Policy 15 requires that development should take into consideration its individual and cumulative impacts on landscape features, including: i) patterns of woodlands, fields, hedgerows and trees; ii) lochs, ponds, watercourses, wetlands, the coast and wider seascape; iii) settlement setting, including approaches to settlements; iv) the setting of green network corridors, such as important transport routes and the cycle and footpath network; v) historic, natural and recreational features of interest, skylines and hill features, including important views to, from and within them.
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For all development with the potential to have an impact on either Landscape Character or Landscape features (including their setting), appropriate mitigation measures should be considered as part of any planning application. It is considered that the existing developments at Tennox Farm have very limited impact on the B780 corridor to the east of the site. Similarly, the proposed developments would have very limited impacts to the east. This is largely due to the local topography, which restricts views towards the existing and proposed built-up parts of the site. Existing and proposed development on the sloping ground to the west would be visible from the B784 corridor to the west. The B784 and adjoining land is located at a higher ground level and Tennox Farm is visible from the in the middle distance when viewed from that direction. However, the site is viewed within the context of a larger rural area which includes a number of farmsteadings with housing, byres, yards and large sheds of modern design. The proposed shed would be the most dominant element within the landscape. It is proposed to mitigate its visual impacts through the use of a dark green cladding scheme (as per the existing shed), earth mounding and tree planting. It is considered that the siting, scale and design of the shed is not dissimilar to many of the existing agricultural sheds which can be found across the surrounding rural landscape. The proposed holiday lodges would be situated on lower ground. Whilst the lodges would result in the expansion of the current built-up area (which is concentrated on the hilltop), the siting, design and landscaping associated with the holiday lodges would reduce their visual impact on the landscape. Containment would be provided by the rising ground to the east and existing woodlands which follows the banks of the Pitcon Burn to the north and south. Additional woodland planting proposed within the grounds of Tennox Farm would, over time, help to blend the new lodges into the rural landscape, providing opportunities for enhanced biodiversity and wildlife. The other elements of the proposed development involve the erection of smaller buildings within the main established cluster around the original steading. Landscape and visual impacts are therefore considered to be of less significance. It is noted that the agricultural character of the site has been and would be further altered by the existing and proposed developments and the associated tree planting. However, it is acknowledged that Tennox Farm has already diversified away from traditional farming operations many years ago and that tourism is now the primary use of the site, with agriculture a secondary or lesser use. Through the combination of appropriate building siting/design and the introduction of native woodland planting, it is considered that the landscape and visual impacts of the proposals would be acceptable. The application therefore accords with Policy 15. Policy 18 (Forestry, Woodland, Trees and Hedgerows) The intention of Policy 18 is to prevent the loss or deterioration of established woodland unless there are overriding public benefits from the development that would outweigh the loss. In this case, it is not proposed that trees or woodland would be felled or removed to make way for development. As noted above, a significant quantity of new woodland is to be planted. The proposal is therefore acceptable in terms of Policy 18.
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Policy 22 (Water Environment Quality) The above policy supports development that helps achieve the objectives of the Water Framework Directive and the River Basin Management Plan for Scotland. Generally, development which would lead to the deterioration of the water environment will be resisted unless it would deliver significant social, environmental or economic benefits. Development will be required to ensure no unacceptable adverse impact on the water environment by: a) Protecting and enhancing the ecological status and riparian habitat, natural heritage, landscape values and physical characteristics of water bodies (including biodiversity and geodiversity); b) Protecting and enhancing existing flood plains; protecting opportunities for public access to and recreation and enjoyment on and around lochs, rivers, burns, wetlands and the coastal marine area; and c) Having regard to any designated Bathing Waters. As noted above, the existing and proposed development would be served by an upgraded treatment system, septic tank and outflow to the Pitcon Burn via a reed bed. These measures would achieve the necessary pollution control measures, subject to SEPA's approval (a Controlled Activities Regulations licence would be required). In addition, the submitted plans for the development including new riparian tree planting and a footpath along the eastern banks of the Pitcon Burn, which would enhance biodiversity. The proposed SuDS system for the site would reduce the rate of surface water run-off. No new buildings would be erected within at least 45m of the watercourse. Finally, there are no bathing waters affected by the development. In summary, it is considered that the application accords with Policy 22. National Planning Framework 4 In terms of NPF4, the following policies require consideration: Policy 1 (Tackling the climate and nature crises) This policy requires that, when considering all development proposals, significant weight will be given to the global climate and nature crises. As noted above, the proposals include measures to reduce carbon emissions from the development through the introduction of solar PV panels on the roof of an existing building. It is also proposed to introduce additional woodland planting for enhanced biodiversity and wildlife. Policy 2 (Climate mitigation and adaptation) The intention of this policy is to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. As noted above, the site is not at risk of future flooding from the Pitcon Burn. The form of development would be low density with significant areas of open space and planting. A sustainable drainage system would be provided as would an upgraded waste water treatment system. Policy 3 (Biodiversity) The intention of this policy is to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. At present, Tennox Farm consists of a series of buildings and associated ground which are situated around the original steading, with agricultural grazing land beyond. There is a large yard at the north end of the site which lacks any positive environmental benefits. There is also a pond within the site and ornamental planting. The proposals involve a much greater focus on nature and wildlife which would be achieved through the introduction of woodland, including an
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orchard. The woodland would reinforce existing nature corridors (eg. hedgerows). Proposed changes to the grounds maintenance practices would enable wildflowers to become established along the edges of the fields. Policy 9 c) (ground stability or contaminated land) Whilst the intent of this policy is to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development, part c) covers instances "where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use". A Coal Mining Risk Assessment has been submitted with the application which was sent to The Coal Authority for their consideration. Their consultation response indicates that, due to historic coal and ironstone mining in this area, land instability is a material consideration for the proposals. The Coal Authority has no objection subject to conditions on the need for further works. These works could include additional site investigations and, potentially, ground stabilisation measures. As noted above, the conditions recommended by The Coal Authority can be attached to any grant of planning permission to demonstrate that the application site is safe, stable and suitable for the existing and proposed development. Policy 14 (Design, quality and place) The intention of this policy is to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. As noted above, the application has been considered against the Six Qualities of a Successful Place and found to be acceptable in terms of design and placemaking. Policy 29 (Rural development) This policy aims to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. As noted above, it is considered that the proposed developments would safeguard and create employment and attract visitors to the area, which in turn would support the rural economy and service function of the local towns. This is considered to be an important factor given the long term decline in the employment and service function of the Garnock Valley towns, together with the associated deterioration of the built environment of town centres through lack of trade and reduced expenditure on building maintenance. The application includes measures to protect and enhance the natural environment within the site, as well as the retention of the remaining fields for agriculture (cattle grazing). There would be no adverse impacts on any cultural heritage resources either at the site or elsewhere. Policy 30 (Tourism) The intention of this policy is to encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with net zero and nature commitments and inspires people to visit Scotland. Proposals for tourism related development require to take into account the contribution made to the local economy and compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors. As noted above, the developments at Tennox in recent years have created a demand for overnight stays and holidays in a location which previously did not have a tourism industry. It is considered that the proposals are of appropriate scale for the area, and do not represent over-development of the farmland. Evidence that a local economic benefit has been achieved from the present developments have been provided
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in the application, and it is reasonable to conclude that the proposed developments would add positively to visitor numbers in the future. A considerable number of representations have been received highlighting the benefits to local companies arising from the existing and proposed developments. As the proposed lodges would be purpose built, there would be no loss of residential accommodation arising from the new development. The existing residential accommodation which was built without planning permission would be re- purposed as holiday accommodation, which would increase the bedspaces available for tourism without the loss of established residential accommodation. The proposed manager's accommodation above the stables would be acceptable given the need for supervision on the site, as would the small lodge house for a caretaker. Finally, turning to other material considerations which are relevant to the application. As noted above, there is an extensive planning and enforcement history for the application site. A series of planning applications have been granted by the Council over the years. It is accepted that there is an established tourism use operating from a number of buildings which were originally intended for residential use and that the main use of the site is now for tourism purposes. Two enforcement notices served by the Council have not been complied with. These are for the unauthorised yard area (2022) and the erection of a dwellinghouse (2023). The application seeks to address previous enforcement issues as follows: 1. change of use of unauthorised dwellinghouse for use as holiday accommodation 2. development of a yard area with a shed, link corridor and associated landscaping 3. development of a flat above stables for use as manager's accommodation For the reasons given above, it is considered that the proposals are acceptable in terms of the development plan given the potential economic benefits to the North Ayrshire economy through sustainable tourism. However, it should be noted that a grant of planning permission is not of itself sufficient to resolve the outstanding enforcement issues. Only if a planning permission is granted and implemented would the Council then be in a position to reconsider the notices previously served. As such, this decision must be taken without prejudice to the resolution of those matters. There are no other material considerations that have been identified which would outweigh this conclusion. Accordingly, it is therefore recommended that planning permission is granted, subject to the conditions indicated below. 4. Full Recommendation Approved subject to Conditions Reasons for Decision Condition 1. That the development hereby approved shall be implemented in accordance with the submitted plans, drawings and recommendations contained in the application (inclusive of all associated supporting documentation) unless otherwise indicated below, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason
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To secure the implementation of the development in accordance with the supporting information. Condition 2. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority documents which confirm that: a) a scheme of intrusive site investigations has been carried out on site to establish the risks posed to the development (inclusive of existing developments on the site) by past coal and ironstone mining activity; b) any remediation works and/or mitigation measures to address land instability arising from coal and ironstone mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed; and c) an assessment of the likelihood of any ground gases. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative Scottish and UK guidance. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure that ground stability risks are identified and appropriately addressed in the interests of health and safety. Condition 3. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority a finalised scheme of landscaping and planting. The finalised scheme shall be based on the landscape plan hereby approved (drawing ref. COG493/DRA/006/b) and as per the Biodiversity Enhancement Plan produced in support of the application by EP Ecology Ltd dated 7th February 2024. The scheme shall include details of swift boxes, bat hibernacula, tree and plant species, planting densities, soil treatment, aftercare and a future management plan. All tree and plant species shall be selected to enhance biodiversity and support nature/wildlife, with future management measures designed to minimise the use of chemical pesticides and manufactured fertilisers. The scheme as may be approved shall be implemented prior the development becoming operational and retained/managed permanently thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Any trees or areas of planting which fail shall be replaced until successfully established. Reason To mitigate landscape and visual impacts and in the interests of amenity, biodiversity and habitat creation. Condition 4. That, for the avoidance of doubt, surface water arising from the development of the site, including during construction operations, shall be treated and managed using a SuDS system. Prior to the commencement of the development, hereby approved, confirmation
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shall be submitted in writing to North Ayrshire Council as Planning Authority and certified by a suitably qualified person that a scheme to treat the surface water arising from the development of the site (during construction and operational phases) has been prepared in accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report C753, published November 2015). Thereafter, the certified scheme shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of securing sustainable drainage for the development to safeguard the water environment. Condition 5. That the presence of any significant unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure that any unsuspected contamination at the site is identified and appropriately addressed in the interests of health and safety. Condition 6. That, prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the ground at the site is, or has been made, safe and stable for the approved development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason To ensure that ground stability risks are identified and appropriately addressed in the interests of health and safety. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318.
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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.