Democracy Spraffa

Agenda Document Pack - Planning Committee - 27/11/2024

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.

Original council PDF · Download plain text

Page 1

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, 27 November 2024 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 28 August 2024 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 Development Plan Scheme
Submit a report by the Executive Director (Communities and Housing) to
provide an update on the preparation of the Council’s next Local
Development Plan (LDP3) and seeking approval of a revised
Development Plan Scheme (copy enclosed).
1

Page 2

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
4 24/00444/PPM: Hunterston Construction Yard, Fairlie
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 (copy
enclosed). 
5 24/00547/PPM: Tennox Farm, Kilbirnie
Proposing 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)
(copy enclosed). 
6 23/00559/PP: Ardeer Peninsula, Stevenston
Erection of 2 wind turbines of up to 150m to tip, and associated
infrastructure (copy enclosed). 
7 Urgent Items
Any other items which the Chair considers to be urgent.
2

Page 3

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
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 
3

Page 4

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
Planning Committee Sederunt 
Robert Foster (Chair)
Cameron Inglis (Vice-Chair)
Scott Davidson
Stewart Ferguson
Amanda Kerr
Davina McTiernan
Jim Montgomerie
Ian Murdoch
Chloe Robertson
Ronnie Stalker 
Chair: 
Apologies: 
Attending: 
4

Page 5

Planning Committee
28 August 2024 
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 Cameron Inglis.
Present (Remote Participation)
Davina McTiernan. 
In Attendance (Physical Participation)
A. Finlayson, Chief Planning Officer and T. Ledingham, Planning Officer
(Communities and Housing); R. Lynch, Senior Manager and C. Leslie, Solicitor
(Legal Services); S. Wilson and C. Stewart, Committee Services Officers
(Democratic Services) (Corporate Services). 
Apologies
Scott Davidson, Jim Montgomerie, Ian Murdoch, Ronnie Stalker and Chloé
Robertson. 
Chair
Councillor Foster in the Chair. 
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 19 June 2024 were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
3.   Stevenston Local Place Plan 
Submitted a report by the Executive Director (Communities and Housing) to advise
on the preparation and submission of the Local Place Plan by Stevenston
Community Council attached at Appendix 1 to the report. 
Officers responded to Members’ questions and the Committee agreed (a) to the
registration of the Local Place Plan for Stevenston submitted by Stevenston Community
Council; and (b) to note the requirement to take account of the plan in the preparation of
North Ayrshire’s third Local Development Plan (LDP3). 
Agenda Item 2
5

Page 6

4.  23/00838/PPM – Site to West of Auldlea Gardens, Beith 
Submitted a report by the Chief Planning Officer seeking planning permission for
erection of 191 dwelling houses with associated infrastructure and landscaping on
the site to West of Auldlea Gardens, Beith. 
Officers responded to Members’ questions on various aspects of the report and the
Committee agreed to approve application subject to the following conditions: 
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. 
2. That prior to the commencement of the development hereby approved, the
applicant shall submit a Construction Environmental Management Plan for the
written approval of North Ayrshire Council as Planning Authority. Thereafter, the
development shall be implemented in accordance with such details as may be
approved to the satisfaction of North Ayrshire Council as Planning Authority. 
3. That no development shall take place until the applicant has secured the
implementation of a programme of archaeological works in accordance with a
written scheme of investigation to be submitted by the applicant, agreed by the
West of Scotland Archaeology Service, and approved by North Ayrshire Council
as Planning Authority. Thereafter, the applicant shall ensure that the programme
of archaeological works is fully implemented and that all recording and recovery
of archaeological resources within the development site is undertaken to the
satisfaction of the Planning Authority in agreement with the West of Scotland
Archaeology Service. 
4. That prior to the commencement of the development hereby approved, the
applicant shall undertake a desk study of the application site, (including the
review of any previous site investigations) to assess the likelihood of
contamination and assist in the design of an appropriate site investigation and
subsequent suitable quantitative risk assessment. 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. 
5. That, if there is a requirement to re-use site won material and/or to import
material then the assessment criteria and sampling frequency that would
adequately demonstrate its suitability for use shall be submitted to and approved
by North Ayrshire Council as Planning Authority prior to any material being used.
In addition, any fill material to be used in the top 300mm shall also be free from
metals, plastic, wood, glass, tarmac, paper, and odours and in accordance with
BS3882:2015 and BS8601:2013. On completion of the works and at a time and
or phasing agreed by the Planning Authority, the developer shall submit a
6

Page 7

verification report containing details of the source of the material and appropriate
test results to demonstrate its suitability for use within residential development. 
6. That prior to the commencement of the development hereby approved, the
following additional details shall be submitted for the written approval of North
Ayrshire Council as Planning Authority: 
▪ the drainage design schedules shall be accompanied with a short summary
report (ie. an explanatory paragraph); 
▪ written confirmation that the predicted flood depths would not prevent
vehicular access and egress to/from the development at times up to and
during a 1 in 200 year (plus climate change) flood event. Flood depths shall
be included in the written statement. 
▪ written confirmation that the ditches and open channels shall be adequately
maintained to safeguard against flooding during the lifespan of the
development hereby approved 
▪ a written statement in respect of the design and maintenance of acceptable
flood flow paths, especially from the Kings Road culvert 
▪ a plan showing the exceedance flow paths of the drainage network 
For the avoidance of doubt, the finalised surface water drainage scheme shall
accord with the principles and practices contained in 'The SuDS Manual' (CIRIA
report C753, published November 2015). Thereafter, the details as may be
approved shall be implemented prior to the completion of the development and
maintained thereafter to the satisfaction of North Ayrshire Council as Planning
Authority. 
7. That prior to the commencement of any housebuilding operations, the
developer shall provide full details of the proposed finishing materials to be
used for the written approval of North Ayrshire Council as Planning Authority.
Thereafter, the development shall progress in accordance with such details as
may be approved. 
8. That prior to the commencement of any housebuilding operations, the developer
shall provide final details of the boundary treatments for the written approval of
North Ayrshire Council as Planning Authority. Thereafter, the development shall
progress in accordance with such details as may be approved to the satisfaction
of North Ayrshire Council as Planning Authority. 
9. That prior to the commencement of any housebuilding operations, the developer
shall provide details of swift nesting boxes to be installed within the development
along with a method statement for the written approval of North Ayrshire Council
as Planning Authority. Thereafter, the development shall progress in accordance
with such details as may be approved. 
10. That all planting, seeding or turfing comprised in the approved details of
landscaping shall be carried out on a progressive (phase by phase) basis during
the first planting season and seeding seasons following the construction of each
phase within the development until its completion. Any trees, plants or areas of
seeding which, within a period of five years from planting die, are removed or
become seriously damaged or diseased shall be replaced in the next planting
season until established, unless North Ayrshire Council as Planning Authority
gives written consent to any variation. 
7

Page 8

5. Urgent Items 
There were no urgent items. 
The meeting ended at 2.35 p.m. 
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home 
8

Page 9

NORTH AYRSHIRE COUNCIL 
27 November 2024 
Planning Committee 
Title:    Development Plan Scheme 
Purpose:  To update Members on the preparation of the Council’s next
Local Development Plan (LDP3) and seek approval of a revised
Development Plan Scheme. 
Recommendation:  It is recommended that the Planning Committee adopts the
Development Plan Scheme. 
1. Executive Summary 
1.1 A new Development Plan Scheme has been prepared in accordance with Section 20B
of the Town and Country Planning (Scotland) Act 1997, as amended. A Development
Plan Scheme is a document setting out a planning authority's programme for preparing
and reviewing its local development plan (LDP). The Development Plan Scheme also
includes a Participation Strategy, setting out when, how and with whom consultation on
the plan will take place. 
1.2 The proposed timetable for the preparation of North Ayrshire’s third local development
plan (LDP3) outlined in the new Development Plan Scheme sets a target date of March
2027 for the adoption of LDP3.   
2. Background 
2.1 North Ayrshire Council adopted the current Local Development Plan (LDP2) on 28
November 2019. The Plan has a vision, aligned with the North Ayrshire Community
Planning Partnership, that looks forward 20 years and plans for a 10-year period to
2029. The policies and proposals, including sites allocated for development, within
LDP2 – alongside the National Planning Framework (NPF4) – are the basis for
determining planning applications, with decisions made in accordance with the
development plan (LD2 and NPF4) unless material considerations indicate otherwise. 
2.2  As planning authority we are required to prepare a Development Plan Scheme (DPS)
annually. The Development Plan Scheme sets out the programme for preparing and
reviewing the local development plan; what is likely to be involved at each stage and
when, how and with whom consultation on the plan will take place (a Participation
Statement). Our last Development Plan Scheme was approved by the Planning
Committee in November 2023. 
Agenda Item 3
9

Page 10

2.3 The Planning (Scotland) Act 2019 makes significant changes to the development
planning system and the way local development plans are to be prepared, which are
still in their infancy. The changes aim to make development plans more effective, with
greater community involvement and more focus on delivery. The new legislative
provisions and regulations relating to the development planning system came into
force in May 2023 with local development planning guidance, setting out the Scottish
Ministers’ expectations for implementing this new system, published at the same time.
The Scottish Government expects that every planning authority in Scotland will have a
new style LDP in place within around 5 years of the Regulations coming into force i.e.
by May 2028. 
2.4 The table below sets out the proposed timetable for preparing LDP3. One change has
been made to the timetable compared to last year’s DPS, with an additional 3 months
given to the publication of the Evidence Report. It is now expected the Evidence
Report will be presented to full Council in March 2025 for approval. An extensive
programme of evidence gathering has been undertaken over the past 12 months,
however, further time is required to review this evidence; summarise what it means for
LDP3; and bring this together in a format which is proportionate and provides the
information required to be assessed as sufficient at the Gate Check stage. The
anticipated date of adoption of LDP3 remains March 2027. 
Key Stage
2023
Development Plan
Scheme
Target Date
Publication of Evidence
Report
Oct-Dec 2024
(Q3 2024/25)
Jan-Mar 2024
(Q4 2024/25)
Publication of Proposed
Plan
Oct-Dec 2025
(Q3 2025/26)
Oct-Dec 2025
(Q3 2025/26)
Submission of Proposed
Plan to Scottish Ministers
Apr-Jun 2026
(Q1 2026/27)
Apr-Jun 2026
(Q1 2026/27)
Expected Adoption of
LDP3
Jan-Mar 2027
(Q4 2026/27)
Jan-Mar 2027
(Q4 2026/27) 
2.5  In accordance with our previous Development Plan Scheme, to support the
preparation of the Evidence Report, Place Profiles for all six localities in North Ayrshire
were published in October 2024. These set out key baseline data and evidence,
summarise early engagement to-date and reflect on the outcomes of other recent
community engagement initiatives such as Charrettes, Local Place Frameworks, Local
Place Plans and Island Plans. A series of information events were held across the
Council area between 24 October and 22 November 2024 to present the profiles and
seek further feedback on the priorities of local communities. 
2.6 The next stage in the process is to finalise the Evidence Report. The Evidence Report
must be approved by the full Council before it is submitted to the Scottish Ministers for
a gate check – an assessment of the sufficiency of the evidence. We will then
progress to preparing the Proposed Plan, including through a ‘Call for Ideas’ stage
where all stakeholders will be invited to propose ideas for any aspect of the new local
development plan, not limited specifically to suggestions for development sites or
types of development. It is expected that this will take place between April and June
2025.
10

Page 11

2.7 The Development Plan Scheme also includes a Participation Statement setting out
when, how and with whom consultation on the plan will take place. The statement
reiterates our approach, followed throughout the preparation of LDP2, to encourage
everyone with an interest in North Ayrshire to get involved in the update of the Local
Development Plan. 
2.8 The Participation Strategy highlights five distinct opportunities for involvement
throughout the preparation of LDP3, aligned with the key stages in the process. Our
approach will evolve during the course of preparing LDP3, taking account of Scottish
Government guidance and the views of stakeholders and the public on how they can
be most effectively consulted and engaged, enabling us to tailor our approach and
improve its effectiveness. 
Next Steps 
2.9   If approved for adoption by Members, the Development Plan Scheme will be sent to
Scottish Ministers, published online and placed in all libraries in accordance with the
planning legislation. An update will be provided to all stakeholders. 
3. Proposals 
3.1 It is recommended that the Planning Committee adopts the Development Plan Scheme
attached to this report. 
4. Implications/Socio-economic Duty 
Financial 
4.1 None. 
Human Resources 
4.2 The programme for preparing and reviewing North Ayrshire’s local development plan
(LDP) can be delivered within existing staff resources and budgetary provision. 
Legal 
4.3 The Planning (Scotland) Act 2019 introduces a new legislative framework for preparing
a local development plan and requires the preparation of a Development Plan Scheme
at least every year.     
Equality/Socio-economic 
4.4 The preparation of a new Local Development Plan for North Ayrshire will be required to
be subject of an equalities impact assessment and assessment on the impact of the
plan on children. 
Environmental and Sustainability 
4.5 The preparation of a new Local Development Plan for North Ayrshire will be required to
be subject of a Strategic Environmental Assessment and Habitat Regulations Appraisal.
11

Page 12

Key Priorities 
4.6 LDP3 will align with wider national priorities, programmes and strategies, most directly
via National Planning Framework 4. This links with the Council’s key priorities of
wellbeing, communities and local democracy and climate change. The LDP is a key
mechanism for supporting Placemaking within North Ayrshire. 
Community Wealth Building 
4.7 There is significant scope within the plan making process to explore how the Local
Development Plan can support Community Wealth Building, for example around its
approach to land owned by ‘anchor’ organisations within the local economy. 
5. Consultation 
5.1 A Participation Statement forms part of the Development Plan Scheme and outlines
how, when and with who we will engage with throughout the process of preparing the
next Local Development Plan. An Engagement Survey has informed our approach,
which will evolve in response to guidance, best practice and further feedback. 
DAVID W. HAMMOND
Executive Director (Communities and Housing) 
For further information please contact Alistair Gemmell, Strategic Planning Manager, on
01294 324021. 
Background Papers
0
12

Page 13

Development Plan Scheme
2024 
Draft - November 2024
13

Page 14

2 
Contents 
Introduction ................................................................................................................ 3
Proposed Timetable ................................................................................................... 4
Key Stages ................................................................................................................. 5
Early Engagement & Data Collection ...................................................................... 5
Evidence Report ..................................................................................................... 6
Gate Check ............................................................................................................. 6
Proposed Plan ........................................................................................................ 7
Examination ............................................................................................................ 7
Adoption ................................................................................................................. 8
Monitoring & Delivery .............................................................................................. 8
Draft Participation Statement ..................................................................................... 9
Local Place Plans ..................................................................................................... 12
Impact Assessments ................................................................................................ 13 
14

Page 15

3 
Introduction 
The development plan for North Ayrshire comprises the adopted Local Development
Plan (LDP2) and National Planning Framework 4 (NPF4). North Ayrshire Council
adopted the current Local Development Plan on 28 November 2019. Scottish
Ministers adopted National Planning Framework 4 on 13 February 2023. 
This Development Plan Scheme (DPS) sets out North Ayrshire Council’s programme
for reviewing LDP2 and preparing North Ayrshire’s third Local Development Plan –
LDP3. It includes the proposed timetable and timings for the main stages of LDP
preparation; details of what is involved at each stage; and a Participation Statement.
The Participation Statement outlines when consultation is likely to take place, how
and with whom. Planning authorities are required to prepare and publish a
Development Plan Scheme at least annually. The previous Development Plan
Scheme was adopted by the Planning Committee and published in November 2023. 
Following the adoption of LDP2 in November 2019, the 2020 Development Plan
Scheme, approved by Planning Committee in June 2020, set out the intention to
prepare LDP3 under the new provisions of the Planning (Scotland) Act 2019, once
enacted. The new legislative provisions and regulations relating to the development
planning system came into force on 19 May 2023, later than expected due to the
Covid-19 pandemic. The local development planning guidance, setting out the
Scottish Ministers’ expectations for implementing this new system, was also
published in May 2023. 
The local development planning guidance states that every planning authority in
Scotland should have a new style LDP in place within around five years of the
regulations coming into force i.e. by May 2028. The revised timetable proposed by
this DPS envisages adoption of LDP3 in March 2027. 
The new legislation, regulations and guidance are at the centre of reforms to the
Scottish planning system, including to the way local development plans are
prepared. They are aimed at making LDPs more effective, more place-based with
greater community involvement in their preparation and more focus on delivery. This
means putting people and communities at the heart of a collaborative process to
prepare LDP3 in a way that meets people’s needs and aspirations and tackles
inequalities. The Participation Statement sets out our intentions around ensuring
engagement on LDP3 is early, collaborative, meaningful and proportionate. 
Any individual or organisation interested in the preparation of the development plan
for North Ayrshire, including the details of future consultation events, is encouraged
to sign up to our mailing list to receive updates direct to their mailbox. 
15

Page 16

4 
Proposed Timetable 
The proposed timetable for preparing North Ayrshire’s third Local Development Plan
(LDP3) is set out below: 
Key Stage
2023
Development Plan
Scheme
Target Date
Publication of Evidence
Report 
Oct-Dec 2024
(Q3 2024/25)
Jan-Mar 2024
(Q4 2024/25)
Publication of Proposed
Plan
Oct-Dec 2025
(Q3 2025/26)
Oct-Dec 2025
(Q3 2025/26)
Submission of Proposed
Plan to Scottish Ministers
Apr-Jun 2026
(Q1 2026/27)
Apr-Jun 2026
(Q1 2026/27)
Expected Adoption of LDP3 Jan-Mar 2027
(Q4 2026/27)
Jan-Mar 2027
(Q4 2026/27) 
Note: in accordance with the Local Development Planning Guidance, the timetable for preparing
North Ayrshire’s third Local Development Plan (LDP3) uses ‘quarters’ where Quarter 1 = April-June,
Quarter 2 = July-Sept, Quarter 3 = Oct-Dec, Quarter 4 = Jan-March. 
One change has been made to the proposed timetable compared last year’s DPS,
with an additional 3 months given to the publication of the Evidence Report. It is now
expected the Evidence Report will be presented to full Council in March 2025 for
approval. 
The Evidence Report is a new stage in the preparation of a local development plan
and the Regulations do not include minimum evidence requirements. While this
provides flexibility to planning authorities on the appropriate type and amount of
evidence for their area, it creates some uncertainty around the exact requirements,
particularly in the absence examples of previous Evidence Reports. 
An extensive programme of evidence gathering has been undertaken over the past
12 months, however, further time is required to review this evidence; summarise
what it means for LDP3; and bring this together in a format which is proportionate
and provides the information required to be assessed as sufficient at the Gate Check
stage. 
It is also important that stakeholders can collate and review the evidence. A further
three months will allow continued engagement, including with NHS Ayrshire & Arran
and North Ayrshire Health and Social Care Partnership regarding the capacity of
health care services, which has been identified during community engagement as a
key issue in some locations. 
To date, five planning authorities have submitted their Evidence Report to Scottish
Ministers and a Gate Check has been completed for four of these reports. Two
Evidence Reports have been returned after being found to contain insufficient
16

Page 17

5 
information to enable the planning authority to prepare its local development plan;
two planning authorities have been cleared to progress.  The additional time allowed
to complete the Evidence Report will also enable discussions with other planning
authorities, to learn lessons from completed Gate Checks and adopt emerging best
practice. 
Key Stages 
The following section of the Development Plan Scheme details what is involved in
each stage of preparation of North Ayrshire’s third Local Development Plan. 
Early Engagement & Data Collection 
➢ Complete 
In late 2022, the Planning Service commenced early engagement, including with
other Council services, Elected Members, key agencies and community councils in
advance of commencing work on North Ayrshire’s third Local Development Plan. 
In March 2023 we launched an online hub to support the preparation of LDP3,
including the launch of the ‘Your Place’ survey, based on the Place Standard. We
have engaged with Council tenants; locality planning partners and children and
young people via Joint Cabinet, Youth Council, Joint Youth Forum and meeting
North Ayrshire Members of the Scottish Youth Parliament (MSYP).   
Scoping was undertaken to consider the matters to be addressed in the Evidence
Report; the relevant baseline information needed for each issue; the need for
primary data collection; the stakeholders to be involved in collating and reviewing
data and a timetable for this work. A programme of data collection has been
undertaken with the following audits and studies also undertaken to inform the
Evidence Report: 
• Housing Land Audit (completed annually) 
• Employment Land Audit (completed annually) 
• Employment Land Requirement Study
• Town Centre Audits
• Open Space Audit
• Play Sufficiency Assessment
• Local Nature Conservation Site Review (mainland) 
• Local Landscape Area Review
• Retail Capacity Study
• Transport Baseline Study
• Settlement Edge Landscape Sensitivity Study 
To support the preparation of the Evidence Report, Place Profiles for all six localities
in North Ayrshire were published in October . These set out key baseline information
and data, summarise early engagement to date and reflect on the outcomes of other
17

Page 18

6 
recent and current community engagement initiatives such as Charrettes, Local
Place Frameworks. Local Place Plans and Island Plans. 
Evidence Report 
➢ We are at this stage in the preparation of LDP3 
Under the new system for local development planning, the first output in the process
of preparing a local development plan is an Evidence Report. This is a new stage,
replacing the ‘Main Issues Report’. The Evidence Report aims to clearly inform what
to plan for before the Proposed Plan looks at where development should take place.
The Evidence Report therefore will not consider specific sites but instead provide a
summary of the baseline data and information needed to inform a deliverable, place-
based and people-focused LDP. 
In addition to the Place Profiles, we will prepare topic papers on housing and the
environment, allowing the public and stakeholders to comment on data collected;
providing an opportunity to sense check our understanding and to supply further
information and views on the needs and aspiration for the places in North Ayrshire
people live, work and visit. The profiles, in addition to the feedback received on these
papers, will form the basis of the Evidence Report. 
The Evidence Report must be approved by the full Council before it is submitted to
the Scottish Ministers. We will aim to publish the Evidence Report following Council
approval in March 2025. 
Gate Check 
Once the Evidence Report has been considered and approved by full Council, it will
be submitted to the Scottish Ministers for a Gate Check. This is also a new stage in
the process for preparing a local development plan and is principally the
responsibility of the person appointed by Scottish Ministers, expected to be a
Reporter from the Directorate for Planning and Environmental Appeals (DPEA). The
appointed person will provide an independent assessment as to whether the report
contains sufficient information. 
The Reporter will either decide there is sufficient information, and we may then move
to prepare and publish a Proposed Plan or, where they are not satisfied that there 
is sufficient information, prepare an ‘assessment report’ setting out the reasons for
not being satisfied and recommendations for improving the Evidence Report.
The length of the Gate Check is estimated at 3 months by DPEA, however, will be
determined by the number of disagreements with the evidence and the requirement
for further information and/or hearing sessions. We anticipate the Gate Check taking
place April to June 2025. 
18

Page 19

7 
Proposed Plan 
We aim to move quickly from successfully completing the gate check to preparation
of the Proposed Plan. To support this process, we will carry out a Call for Ideas
following submission of the Evidence Report to Gate Check. This will be open to
everyone to propose ideas for any aspect of the new local development plan, not
limited specifically to suggestions for development sites or types of development
e.g., housing. 
The Proposed Plan will be our settled view on the policies and proposals that will
make up LDP3, including where new development should take place and where it
should not. In preparing the Proposed Plan, we will consider the Evidence Report;
submissions made at the Call for Ideas stage; registered Local Place Plans and any
other place-based community-led plans; and undertake further engagement with
stakeholders to test proposals to be included within the Plan. 
The Proposed Plan requires the approval of the full Council. Once Council has had
the opportunity to consider and approves the Proposed Plan, it will be published to
allow any representations from stakeholders, including the general public, which
seek to make changes to the plan, for a period of at least 12 weeks. 
Following the close of the period for representations on the Proposed Plan, we may
make modifications to the plan to take account of representations, consultation
responses or correct minor drafting and technical matters. A Modification Report, if
necessary, will set out any modifications made and explain the reasons for making
them and for not making changes where matters have been raised in significant
numbers. 
We will then republish the Proposed Plan and submit it to Scottish Ministers, who will
examine any unresolved representations via an Examination. 
We will aim to publish the Proposed Plan for consultation by December 2025 and
submit to Scottish Ministers in June 2026. 
Examination 
The examination is the opportunity for independent consideration of any issues
raised during the formal consultation on the Proposed Plan that have not been
resolved through modifications. Scottish Ministers will appoint a person, known as a
Reporter, to examine the Proposed Plan, starting with whether the consultation and
involvement of the public in the preparation of the plan meets or exceeds the
requirements of the Participation Statement.
The scope of the examination is limited only to issues raised in unresolved
representations. These issues will be set out in the summary of issues prepared by
the planning authority and it is the Reporter who will determine the form the
Examination will take. Only where the Reporter feels they do not have all the
19

Page 20

8 
information they need to make a proper assessment of an issue will they request
further information from any person.
The Reporter will provide conclusions and recommendations for each of the
unresolved issues identified at the start of the Examination process. 
Adoption 
Following receipt of the examination report from the Reporter – and subject to the
recommendations of the Reporter on the unresolved representations – we will
progress to adopt LDP3, further modified as required. 
As with the Gate Check, it is difficult to be certain how long the examination of the
Proposed Plan will take. This will be determined by the number of issues being
examined, the requirement for further information to be submitted; the need for any
hearing sessions; resources available to DPEA, among other factors. Our
programme allows for a six-month examination with a further three months to adopt
the plan. 
Notwithstanding the potential for the examination to take longer than six months, we
anticipate adopting LDP3 on or before March 2027. It is noted that the local election
expected to take place in May 2027 could have an impact on the adoption date of
LDP3, especially if there is any delay in the timetable. 
Monitoring & Delivery 
Whilst the adoption of a plan is a significant milestone, it is not the end point.
Monitoring will form a feedback loop, providing data that will be needed for the
evidence gathering for amendment of the plan, or the next LDP and – in line with the
aspiration to achieve a delivery focussed system – focus will turn to facilitating
development that supports the spatial strategy, in particular developments that are
proposals of the plan. 
A key component of this is the Delivery Programme, which we are required to adopt
and publish a within 3 months of the LDP being constituted. A draft Delivery
Programme will be published alongside the Proposed Plan in December 2025. 
20

Page 21

9 
Participation Statement 
The Participation Statement forms an important part of the Development Plan
Scheme and sets out when consultation is likely to take place, with whom and its
likely form, including the steps to be taken to involve the public in the preparation of
the local development plan. 
To inform this Participation Statement we published an Engagement Survey seeking
views on how we should publicise LDP3 and its engagement opportunities; how
people would like to be involved in LDP3 and how we could reach more people to
involve them in the local development plan process. 
Throughout the preparation of LDP3 we will develop and tailor our approach to
engagement and seek to ensure it is effective and update our Participation
Statement on an annual basis as part of the Development Plan Scheme. We would
welcome comments on how the Participation Statement can be improved to allow
interested stakeholders to have a say in how they can be most effectively involved. 
When engagement will take place: 
We will engage and consult with stakeholders throughout the preparation of LDP3. In
line with our proposed timetable and the key stages, there are five distinct
opportunities for engagement: 
1) Early Engagement – complete 
The aim of this stage was to increase awareness and understanding of the LDP
process amongst stakeholders and to gather information from communities on
the needs and aspirations for the places in which they live over the next 10-20
years. Up to August 2024, we sought responses to the ‘Your Place’ survey,
based on the well-established Place Standand, via our online hub.   
2) Place Profiles & Evidence Report – ongoing 
We have published ‘Place Profiles’ for each locality in North Ayrshire setting out
key baseline information, summarising early engagement to that point and
reflecting on the outcomes of other recent and current community engagement
initiatives. Comments on these profiles are welcomed to sense check the
information that will make up our Evidence Report and inform LDP3 and to
highlight any information gaps. 
3) Call for Ideas –  Q1 2025/26 
To support the preparation of a Proposed Plan, we will carry out a ‘Call for Ideas’.
This will be an invitation open to everyone to propose ideas for any aspect of the
new local development plan. 
4) Proposed Plan engagement – Q2 2025/26 
21

Page 22

10 
At the point where were we are drafting the Proposed Plan we will engage with
stakeholders to seek their views on proposals, including those submitted at the
‘Call for Ideas’ stage, before they are included in the plan. 
5) Proposed Plan consultation – Q4 2025/26 
Once Council has approved the Proposed Plan it will be published to allow any
representations from stakeholders, including the general public, which seek to
make changes to the plan for a period of at least 12 weeks. 
Who engagement will take place with: 
We want to ensure that everyone – either as an individual or on behalf of a group,
organisation, body or company – with an interest in North Ayrshire as a place to live,
work or visit is involved in the preparation of LDP3. Identified stakeholders include: 
• North Ayrshire residents
• Elected Members, MPs & MSPs
• Children and young people
• Community Bodies, including Community Councils
• Locality Planning Partnerships
• Other Community and Interest Groups, including the Third Sector
• Landowners and Developers
• Business and Industry
• Key Agencies (Nature Scot, SEPA, Scottish Water, Scottish Enterprise,
Historic Environment Scotland, SPT, Scottish Forestry, the Crofting
Commission, NHS Ayrshire & Arran, and Transport Scotland) 
• Infrastructure providers
• North Ayrshire Council Departments 
How engagement will take place: 
We want to make it as easy as possible for everyone with an interest to engage in
the preparation of LDP3. Responses to the Engagement Survey have expressed
support for: 
• In-person exhibitions: drop-in events at convenient times and in convenient
locations for communities
• Online exhibitions: material hosted online to provide information 
• Workshops: interactive session to facilitate community (both in-person and
online) 
• Online resources: using social media and an online hub to gather views and
enable the submission of comments. 
• Tailored resources: bespoke resources tailored to particular groups which
make it easier to participate.  
In the first instance, we welcome the opportunity to speak to both individuals and
groups to understand the method of engagement that works best for them. 
22

Page 23

11 
Finally, in accordance with Planning Circular 2/2021, we will consider opportunities
to use mediation as a means of exploring, resolving or reducing disagreement in the
preparation of LDP3. Mediation is one of a range of techniques sometimes labelled
as ‘alternative dispute resolution (ADR)’ which can include facilitation, conciliation
and arbitration as well as mediation. These techniques can be used to help to
resolve issues of dispute.   
Whether facilitated by an independent third-party or not, there may be scope to use
mediation to resolve differences and build support for proposals through discussion
and negotiation prior to the publication of the Proposed Plan. Mediation is a
voluntary process; no stakeholders in the process of preparing LDP3 will be required
to enter into mediation. 
23

Page 24

12 
Local Place Plans 
The Planning (Scotland) Act 2019 introduces a new right for communities to produce
Local Place Plans (LPPs). The aim of LPPs is to enhance engagement in
development planning by empowering communities to play a proactive role in
defining the future of their places by setting out their proposals for the use and
development of land. In preparing a Local Development Plan, planning authorities
must take into account registered Local Place Plans. 
Secondary legislation to govern the implementation of LPPs came into force in
January 2022 and Planning circular 1/2022 provides further guidance on their
preparation.
On 19 May 2023, in accordance with Section 15A of the Town and Country Planning
(Scotland) Act 1997 as amended by the Planning (Scotland) Act 2019 we published
an invitation to community bodies in North Ayrshire to prepare a local place plan. 
Community bodies that intend to prepare a local place plan were encouraged to
submit a ‘notice of intention to prepare a local place plan’ by completing the notice of
intention online form. 
To date, two Local Place Plans have been registered: 
• West Kilbride, Seamill and Portencross Local Place Plan. Submitted by West
Kilbride Community Council and registered 24 January 2024:
• Steventston Local Place Plan. Submitted by Stevenston Community Council.
Registered 28 August 2024
View the Local Place Plan Register.
Four further community bodies have expressed an interest in preparing a local place
plan: Cumbrae Community Council, Largs Community Council, Fairlie Community
Council and Skelmorlie Environment Trust. Community groups across the Garnock
Valley are also coming together to produce a plan for community action and public
services and facilities, supported by North Ayrshire Council and a specialist team. 
We have supported and worked with community bodies develop Local Place Plans
to maximise their potential to inform LDP3. A Handbook setting out local guidance
and the support available to local communities to prepare local place plans was
shared with bodies expressing their intention to prepare a local place plan in April
2024.
In line with the amended timetable for the preparation of LDP3 set out in this
Development Plan Scheme, it is proposed to extend the deadline for submission of
Local Place Plans from November 2024 to March 2025. 
24

Page 25

13 
Impact Assessments 
A number of different assessments must be undertaken to support the preparation of
LDP3. These assessments are an integral part of the plan making process and
should inform and be informed by the plan as it is prepared. They are:
• Equalities Impact Assessment;
• Public Sector Equality Duty Assessment;
• Fairer Scotland Duty Assessment;
• Island Communities Impact Assessment, 
• Strategic Environmental Assessment; and
• Habitats Regulations Appraisal
• Transport Assessment
Further detail on these assessments is included at Annex C of the Local
Development Planning Guidance. 
Preparation of the Evidence Report provides the opportunity to align with the
Scoping stage of the Strategic Environmental Assessment, the collection of
environmental baseline and engagement with the Consultation Authorities. A
Scoping Report will be published alongside the Evidence Report in December 2024. 
All assessments will be published in draft alongside the Proposed Plan in December
2025 and revised and updated as required. 
25

Page 26

26

Page 27

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
Agenda Item 4
27

Page 28

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. 
28

Page 29

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
only. 
29

Page 30

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. 
30

Page 31

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. 
31

Page 32

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
32

Page 33

'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. 
33

Page 34

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
34

Page 35

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
35

Page 36

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
36

Page 37

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. 
37

Page 38

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.
38

Page 39

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);
Agenda Item 5
39

Page 40

- 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
40

Page 41

- 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. 
41

Page 42

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
42

Page 43

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
43

Page 44

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
44

Page 45

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. 
45

Page 46

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; 
46

Page 47

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
47

Page 48

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
48

Page 49

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. 
49

Page 50

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. 
50

Page 51

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
51

Page 52

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
52

Page 53

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
53

Page 54

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
54

Page 55

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. 
55

Page 56

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. 
56

Page 57

NORTH AYRSHIRE COUNCIL 
27th November 2024                                                                                                                                                            
Planning Committee 
Locality  
Reference 23/00559/PP
Application Registered 6th September 2023
Decision Due 6th November 2023
Ward Saltcoats And Stevenston 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Ardeer Peninsula Ardeer Stevenston North Ayrshire 
Applicant  The Farm Energy Company Fao Ms Sarah Lapsley 
Proposal  Erection of 2 wind turbines of up to 150m to tip, and
associated infrastructure 
___________________________________________________________________ 
1. Description 
Planning permission is sought for the erection of 2 wind turbines, with a maximum blade
tip height of 150m, and associated infrastructure, at a site on the Ardeer Peninsula. The
site is approx. 575m east of the residential area of Stevenston at its closest point. 
The site would be accessed from Central Avenue to the south of the proposed turbine
locations. The site is part of an industrial area, formerly used for production of energetics.
Existing access tracks would be utilised. There are various industrial and business
properties on the southern side of Central Avenue. There are business properties at
Stevenston Industrial Estate some 480m to the west. An existing energetics factory,
Chemring, sits to the south and east of the application site. 
The application site is identified in the Local Development Plan (LDP), adopted November
2019, as an area suitable for business and industrial development. The northernmost
turbine would be sited within an area identified as the southern end of a woodland known
as Blackpowder Wood. The southernmost turbine would be some 420m to the south. It
would be approx. 110m north of Central Avenue and approx. 160m north-west of the
Chemring gatehouse. The turbines, at their closest point, would be approx. 770m to the
west of the Bogside Flats Site of Special Scientific Interest ("the SSSI"). 
Agenda Item 6
57

Page 58

The application site is within an area covered by The Town and Country Planning (County
of Ayr No. 1 Special Development) Order 1953 ("the SDO"). The SDO effectively grants
permission for all development except; the erection, alteration or extension of a
chimneystack; the erection, alteration or extension of any other building where the height
would exceed 120ft (36.6m); or specific changes of use. The SDO is not considered to
apply in relation to this proposal. 
A planning application for 3 wind turbines was submitted in September 2022 (ref:
22/00749/PP). That application was withdrawn prior to determination. 
The proposal has been scoped in accordance with the Town and Country Planning
(Environmental Impact Assessment) (Scotland) Regulations 2017 on 10th June 2022 (ref:
22/00208/EIA). 
An EIA has been submitted. The EIA includes consideration of the following: 
Consideration of Alternatives 
The EIA states the site was selected with respect to criteria including proximity to the
energy off-taker, appropriate size of development, mean wind speeds, designated
environmental features, distance from residential properties, good access to the existing
road network, and turbine choice. The site was primarily selected due to the proximity of
Berry bpi Ardeer and to power the operation of that site. Several layouts within the area
were investigated with the submitted scheme being the final iteration. 
Landscape and Visual Impact 
The report assesses the landscape and visual effects of the proposal. It concludes that
there would be significant effect on the surroundings of the site to a distance of 2-3km. It is
considered that effects would be mitigated in longer distances as the landscape is heavily
influenced by industrial development. There would be significant impact on the settlement
of Stevenston which is within 3km. There would also be impacts on the core paths and
recreational routes within that distance. Greenacres Caravan Park and Sandylands
Holiday Park would also be impacted. It is not considered there would be any significant
effect on transport routes. 
When viewed cumulatively, the proposal is considered to only slightly increase the
presence of such development in the area. Given this and the limitation to impacts on a 2-
3km area, the report considers that the significant effect on landscape character and
visual amenity are limited. 
Ecology and Ornithology 
This report identified important ecological features including Bogside Flats SSSI, mixed
plantation woodland, young broad-leaved woodland, open mosaic habitats on previously
developed land, barn owl, birds of conservation concern and species of bats. It is not
considered that there would any likely significant effect on these features. The impact on
the Bogside Flats SSSI was considered after the completion of vantage point bird surveys
in 2023. The report concludes that there is potential, during the operation of the turbines,
to impact on the regionally important populations of whooper swan, golden plover, dunlin
58

Page 59

and lapwing which make use of the SSSI. The collision risk is calculated at between 0.002
and 0.009 potential collisions per migratory/winter season depending on bird species. The
report considers that this level of impact would not adversely affect the SSSI. 
Cultural Heritage 
Buildings and other structures of the former Nobel Factory and ICI Works survive in the
area. The proposal has been designed to avoid direct effects on these upstanding
buildings and structures. 
Accidents and Disasters 
Assesses the risk from potential accidents and disasters including failure of a mast; blade
throw; blade fragmentation; fire and ice throw. This is assessed in terms of those on the
site, the energetics site and members of the public. It is considered that the likely impact
from potential disasters is rare except in connection to fire, which is considered to be
unlikely, and ice throw, which is considered to be likely. Ice throw is where ice forms on
the blades or hub and then sheds, causing injury to people and/or damage to
surroundings. 
It is further considered that risk from fire and ice throw can be mitigated. Any turbine would
be operated automatically with no on-site personnel required. The distance to the
energetics site buildings should mitigate any potential damage. Turbines should also be
fitted with sensors to enable remote shutdown and de-icing and anti-icing systems. 
In addition to the EIA, the following documents have been submitted in support of the
application: 
Planning Statement and Design and Access Statement 
These reports describe the proposed development, summarises the planning background,
and policy context. The planning statement includes details of planning permissions
granted on appeal. 
Coal Mining Risk Assessment and Phase 1 Ground Survey 
The site is an area of low risk according to the Coal Authority. However, the assessment
identifies that intrusive investigations are carried out at the site to confirm ground
conditions for the turbines. A mine gas monitoring exercise should be undertaken. 
Noise Impact Assessment 
The assessment concludes that the predicted noise of the operational turbines would
meet the ETSU-R-97 (Government guidance on wind turbine noise) noise limits. 
Flood Risk Assessment 
No significant flood risk is identified. 
Telecommunications Impact Assessment 
59

Page 60

This identifies that whilst mobile phone communications in the area should not be
affected, the Joint Radio Company (JRC) has objected. JRC consider that Ultra High
Frequency (UHF) links could be impacted and this would require to be mitigated.
Mitigation proposed includes micro siting of turbines, re-networking existing UHF links,
construction of new telecoms link sites and/or use of an alternative technology. The
applicant requires to remain in consultation with the JRC on this matter. 
Transport Statement 
This assesses that traffic from the development can be accommodated in the existing
network without significant impacts. Abnormal loads would be delivered to the Port of Ayr
and brought to the site via the A78, A738 and Dubbs Road. Implementation of a
Construction Traffic Management Plan (CTMP) would allow management of any HGV
traffic and abnormal loads. 
Unexploded Ordnance Threat Assessment 
Given the history of the site, the threat of potential unexploded ordnance is considered.
The report concludes that the threat is negligible to non-existent. No explosive ordnance is
considered to present. 
Habitat Management Plan (HMP) 
This was updated September 2024 following NatureScot's initial comments. The stated
objective of the HMP is to provide mitigation and compensation for the impacts caused by
the installation and operation of the turbines. The HMP identifies that the northernmost
turbine would be in an area of mixed plantation woodland. Any mature woodland within
102m of the turbine would be removed. The southernmost turbine would be within an area
of young broad-leaved woodland. Any young woodland within 85m of the turbine would be
removed. This would be undertaken to reduce risk of bat collision. 
Open mosaic habitat on previously developed land is listed on the Scottish Biodiversity
List as a priority habitat. Such habitat would be created on the felled areas. Stumps of
gorse and brush would be retained. Seeding for grassland mixtures would be sown. The
areas would be maintained during the growing season with failed area to be re-seeded.
Perennials such as thistles, nettles and ragworts will be permitted to establish to provide
opportunities of invertebrates. 
Around the woodland edges felled tree stumps would be retained and scalloped edges
created to produce a transition from woodland to open mosaic habitat. Bird boxes would
be installed on the woodland edge to increase suitability for nesting birds. The dead wood
from felled trees would be retained within the woodland to create habitat for reptiles,
amphibians and invertebrates. 
It is proposed to plant an additional 8ha of native woodland.  This will be undertaken off-
site and in conjunction with Ayrshire Rivers Trust to provide biodiversity enhancement
along Ayrshire's watercourses to extend local nature networks and provide shading for
riparian zones. 
The Town and Country Planning (Scotland) Act 1997 ("the Act") states that when
determining planning applications regard shall be had to the provisions of the
60

Page 61

development plan, so far as material to the application, and to any other material
considerations. 
The relevant policies of the Local Development Plan adopted November 2019 (LDP) are
Strategic Policy 1: Towns and Villages Objective; Strategic Policy 2: Placemaking; Policy
7: Business and Industry Employment Locations; Policy 15: Landscape and Seascape;
Policy 16: Protection of our Designated Sites; Policy 18: Forestry, Woodland, Trees and
Hedgerows; and Policy 29: Energy Infrastructure Development; The Council has approved
a Landscape Wind Capacity Study October 2018. 
National Planning Framework 4 (NPF4) was adopted by the Scottish Government in
February 2023 and forms part of the development plan with the LDP. The relevant polices
of NPF4 are considered to be Policy 1: Tackling the climate and nature crises; Policy 3:
Biodiversity; Policy 4: Natural Places; Policy 6: Forestry, woodland and trees; Policy 9:
Brownfield, vacant and derelict land; Policy 11: Energy; Policy 14: Design, quality and
place; Policy 23: Health and Safety and Policy 26: Business and industry. 
The Stevenston Local Place Plan (LPP), prepared by Stevenston Community Council,
was considered by the Planning Committee in August 2024 and is a material
consideration for this application. 
2. Consultations and Representations 
Neighbour notification was carried out, the application was advertised, and the
documentation was made available at the local library. There have been 7 objections
received, and 62 support comments. The objections can be summarised as follows. 
1. The area should be left to nature and wildlife. There is a SSSI nearby and the
application site itself is being considered as a potential SSSI by NatureScot. The site
supports a nationally important assemblage of invertebrates and many species will be
affected by direct loss of habitat or disturbance during construction. Woodland would also
be lost to create the proposed Open Mosaic Habitat in mitigation. The area of proposed
mitigation is less than the impacted area. Habitat has previously been lost by works
carried out under the SDO. The appropriate surveys for the impact on birds have not been
carried out. This is contrary to Policy 6 of NPF4. Not enough information has been
provided to assess the impact which is contrary to Policy 3 of NPF4. 
Response: The impact on biodiversity is assessed further below. The applicant is seeking
a lifespan of 25 years for the turbines. However, it is noted that NPF4 explicitly considers
areas for wind turbine development to be suitable for use in perpetuity. Any works carried
out under the SDO do not require planning permission and do not form part of this
application. It is considered that sufficient information has been provided to determine the
application. The location near the SSSI is noted as are the surveys carried. The proposed
area around the turbines which could be cleared of trees is up to 5.5ha although not all of
that area is woodland. This area would be turned into open mosaic habitat. There is a
further proposed mitigation planting of 8ha. The location of this application has not been
designated a SSSI. NatureScot's comments are set out below. 
2. The local landscape will be impacted. 
Response: The visual impact of the proposal is considered below. 
61

Page 62

3.  The turbines will not contribute to the local economy. It is not considered that promises
of community benefits will be fulfilled. 
Response: The turbines are intended to provide energy for an existing local business. The
net economic impact is considered further below. Potential community benefits arising
from the operation of the turbines are not material considerations in relation to this
planning application. 
4. The turbines are too close to housing and there will be impacts from noise.   
Response: The residential area of Stevenston is approx. 575m from the nearest turbine
with the closest existing houses on Golf Road being some 760m distant. NAC
Environmental Health has been consulted and their comments are set out below. 
5. The adjacent energetics site will be adversely impacted by the proposal. The turbines
are too close to that site. The location of the wind turbines will create risks to the operation
of the site by way of potential failure/toppling of the turbines, blade throw, blade
fragmentation, ice and fire throw, electrical interference of essential
communication/electrical infrastructure, noise impacting on emergency procedures and
possible shadow flicker. Such risks will impact on the explosive licence granted under the
Explosive Regulations 2014. The energetics site is seeking to expand its operation within
its existing site. It intends to rely on the Special Development Order (SDO) covering the
site to carry out expansion. The EIA is considered to underplay to the adverse risks to the
energetics site. The turbines may cause shadow flicker to the adjacent properties. 
Response: The net economic impact of the proposal is considered further below.  It is
noted that one of the objections is from Chemring, the adjacent energetics company. Their
concerns regarding the proximity of the development, as set out in the report of SLR
Consulting Ltd, dated November 2023, and submitted on behalf of Chemring is also noted. 
Chemring, as could potentially any developer within the SDO area, rely on that Order to
carry out works - subject to the works meeting the specific requirements of the Order. It is
noted that Chemring sought, and was granted in April 2023, a Certificate of Lawful
Proposed Development for a replacement production facility. This would be within the
existing Chemring site (ref: 23/00207/LUP). The Certificate was granted with the nearest
proposed building some 340m east of the nearest proposed turbine. 
The applicant has produced a response to the points raised by Chemring. In terms of
failure of a turbine, they consider that there is a small risk of tower collapse. Enhanced
maintenance plans would be put in place and a separation distance of at least 275m from
Chemring's nearest operational building. If a tower were to fail, and it is considered this is
very rare, any tower would be more likely to collapse rather than topple over. This further
meaning there is very little chance of Chemring being impacted. 
In terms of blade throw/fragmentation, the applicant considers that the blades would be
carbon fibre which can withstand higher wind speeds and other environmental impacts.
Any blades would be constructed to the relevant international standard with rigorous
testing and maintenance. 
62

Page 63

In terms of fire, the applicant states that the preferred model of turbine is direct drive which
does not have a gearbox and minimises chance of fire. Mitigation measures and
supplementary fire suppression systems could also be implemented. In terms of ice throw,
the turbines would have an ice detection system which shuts them down when
temperatures which could cause icing are likely. The applicant would be willing to work
with Chemring to incorporate their development's remote warning systems into
Chemring's systems. 
The applicant states that the possibility of a change to regulations at an unspecified point
in the future should be given no weight. 
The applicant's response is noted. If permission were granted, certain elements could be
governed by condition including turbine type (i.e. direct drive), blade material and details
of maintenance schedules and fire suppression to be provided. 
Given the position of the turbines in relation to the existing and potential buildings, under
the Certificate, it is not considered the potential for shadow flicker raises any significant
impacts. 
The support comments can be summarised as follows. 
1. The turbines will support the operation of an existing business. The business employs
approx. 200 people, and this will help deliver the energy needs of the business for the next
20 years. It will provide the business with increased energy security and allow them to use
low carbon electricity reducing the businesses carbon footprint. There will be jobs during
construction and the turbines will help job retention. There will be opportunities for local
contractors. 
Response: The potential economic impact is considered below. It is noted that one of the
representations in support is from Berry bpi Ardeer, the company which will benefit directly
from the turbines. The benefits to that company are noted. 
2. The turbines will contribute to national targets to decarbonise energy production. They
will benefit the wider environment. 
Response: It is noted that the turbines will produce renewable energy. The environmental
impacts are considered further below. 
3. There are many other turbines in the local area and are now a feature of the landscape.
Ardeer is well placed to benefit from renewable energy. The turbines would not be an
eyesore. 
Response: The visual impact of the proposal is assessed below. 
4. The landscape between the turbines and the houses will help dampen any sound. 
Response: Details of the potential noise impacts have been provided by the applicant and
NAC Environmental Health has given consideration to the details. 
5. The turbines will provide community benefit to the local community. 
63

Page 64

Response: Community benefit arising from the operation of the turbines are not material
considerations in relation to this planning application. 
The neutral representations can be summarised as follows: 
1. Will Ardeer community benefit financially from these turbines? Other areas receive
money based on the mega wattage of the development. If Ardeer is to benefit in such a
way, then they would support it. 
Response: Community benefits are not material considerations in relation to this planning
application. The Supreme Court confirmed 20th November 2019 (Wright v Resilient
Energy Severndale Ltd and Forest of Dean District Council) that, in relation to a wind
turbine application, the promise of community funding was an immaterial consideration as
it was unconnected to the use of the land in question. The Supreme Court held that it was
in effect an attempt to buy planning permission. The promise of a financial contribution
which does not relate to the character of the use of the land would never be material in
planning terms. 
Consultations 
NAC Environmental Health (EH) - Environmental Health note that the site is within the
larger Ardeer peninsula which is designated as suitable for industrial development. It is
recommended that if planning permission be granted it be subject to conditions including:
prior to commencement the carrying out of a background noise survey in line with ETSU-
R-97, the turbines should not operate at more than 5dB above background at any noise
sensitive premises, and the turbines to be subject to compliance monitoring in the event of
a complaint being received in respect of noise disturbance from the occupiers of a noise
sensitive premises. 
Response: Noted. Such conditions could be imposed if permission were granted. 
NAC Active Travel and Transportation (Roads) - Construction traffic route should be as
per transport statement i.e. no construction traffic to pass through Stevenston town centre. 
Response: Noted. The construction route could be governed by condition if permission
were granted. 
RSPB - Concerned by the potential loss of habitats. If permission is granted would ask for
conditions requiring the Habitat Management Plan (HMP) to be implemented. Would also
look for a Habitat and Biodiversity Management Plan and further compensatory woodland
planting to be agreed, implemented and monitored. 
Scottish Wildlife Trust - Initially objected as the Ardeer peninsula is currently being
considered for designation as a SSSI. The site for an industrial development on land
which they consider having biodiversity interest. They did not consider that the initially
proposed HMP addressed the likely impact. 
Response: Noted. An updated HMP which includes proposals for biodiversity
enhancement has been submitted by the applicant in consultation with NatureScot, who
has confirmed that this meets their requirements. The implementation of that HMP could
be governed by condition.
64

Page 65

It is also noted that NatureScot are considering the whole of Ardeer as a potential site for
a SSSI. The last update on this was that NatureScot would be carrying out their own
surveys of the parts of Ardeer which may be of interest. However, to date no decision has
been made. NatureScot's comments on this specific application are set out below. 
NatureScot - Note that there is the Bogside Flats SSSI close to the site but advise this will
not be affected but the proposal. Welcome the proposal for a Species Protection and Bat
Monitoring Plan. A Construction Environment Management Plan (CEMP) should be
developed to encapsulate the proposed construction mitigation measures. No landscape
advise was provided as it does not raise issues of national interest. 
Further information was originally sought on biodiversity enhancement. Following the
submission of the updated September 2024 Habitat Management Plan, NatureScot
confirmed that this meets their requirements. 
Response: Noted. The Species Protection and Bat Monitoring Plan and the CEMP could
be required and governed by condition should permission be granted. The updated HMP
from September 2024 could also be required to be carried out by condition. 
National Air Traffic Services (NATS) - Consider the proposal will likely impact on the
Preswick radar and object on that basis. Note that the proposal will likely have an
acceptable impact on military radar. 
Prestwick Airport - Consider that the proposal raises aviation concerns which have the
potential to impact on the operation of the airport. Consider that the turbines will be in line
of site of their radar and it may impact on their VHF communications. The airport is in
discussions with the developer regarding these issues but issues a holding objection until
these matters are resolved to their satisfaction 
Glasgow Airport - No objection 
Response: The various comments of the airports and NATS are noted. 
The applicant has provided a response to the aviation comments. They claim to have
been trying to discuss these matters with Prestwick Airport since May 2022 but have not
received any meaningful response. The applicant has provided a legal opinion that the
aviation matters could be governed by condition. They point to planning appeal decisions
by the Scottish Government that set out the circumstances in which aviation conditions
could be imposed, including stating that ongoing contributions to radar do not meet the
tests for planning conditions. 
The applicant's response to the aviation comments is noted. It is agreed that a condition
relating to radar modelling could be attached to any permission. Given the aviation
objection, the Council would be required to refer the application to the Scottish Ministers if
it is minded to approve the application. 
Historic Environment Scotland (HES) - No objections. 
West of Scotland Archaeology Service (WoSAS) - No objections. 
65

Page 66

Scottish Water - No objections. 
South Ayrshire Council - No objections 
Response: Noted. 
Stevenston Community Council (SCC) - Object on grounds of impact on visual amenity,
loss of woodland, impact on biodiversity, impact on recreational amenity and impact on
the economy. 
SCC consider that erection of such structures next to a populated area is inappropriate.
They consider the proposal to be contrary to the Council's Landscape Wind Capacity
Study. They do not agree with the applicant's assertion that visual impacts would be
'localised.' The applicant's arguments are considered to be contradictory. They state that
in their own survey or residents 82% of respondents were against the development. 
SCC consider the development would only benefit one company. There is no guarantee
that the energy development would bring job security to the workers of that company.
They note that another local company considers it would negatively impact on their
business. The marketability of the rest of the industrial estate would be undermined by the
presence of the turbines. 
The SCC objects to the loss of several hectares of woodland and consider that 5.54ha of
native woodland would be removed with no significant additional benefits and that
biodiversity would be compromised. The proposal does not protect or enhance the
nationally important natural features and habitat at the site. Consider that the information
in the EIA is out of date and that the applicant has been disingenuous with how they have
described the proposal. 
The site is a popular recreational asset for both local and visitors. They consider that this
will be lost. The landowner claims the site has no recreational value as a means to being
able to develop the site. The visual impact will also be felt on other recreational spaces in
the town and on routes to and from it. The application is considered to be contrary to both
NPF4 and LDP2. 
Response: The turbines would be some 760m from the nearest houses and within an area
identified as suitable for industry, within industrial buildings adjacent. The visual impact of
the proposal is considered further below. The SCC's comments about their own findings of
public objection are noted. It is also noted the Council has received 7 objections and 62
representations of support to this application. 
The economic impact of the proposal is considered further below. The applicant has
provided clarification of onsite clearance - they state that the circles shown for clearance
are based on a specific diameter and equate to 5.5ha. However, these circles include
existing clearings, tracks and other hardstandings. Within the circles are 2.6ha of mature
mixed plantation woodland and 1.4ha of young broad-leaved plantation which equates to
4ha of woodland. There would be replanting at a ration of 2:1 and as such 8ha of native
woodland is proposed to be replanted. The application site is not a SSSI nor does it have
any statutory designation. Whilst NatureScot are considering the area, no designation has
been made and NatureScot do not object to this proposal as set out above. It is
considered the information submitted is sufficient to determine the application. 
66

Page 67

The use of the area for recreation is noted. The application site, including access, is some
7ha in area. The entire Ardeer peninsula (the industrial area and open space to its south,
as identified in the LDP) is some 530ha in area. Any developer would have to provide
appropriate access as required by the Land Reform Act. Whilst access to the immediate
area of the development would likely be restricted during construction it is not considered
that the development would have an adverse impact on recreational access. Much of the
area benefits from the SDO and works can be carried out under the SDO without planning
permission. This application is considered against NPF4 and the LDP below. 
Coal Authority - The site is within an area they classify as low risk. 
Response: Noted 
Health and Safety Executive (HSE) - HSE were consulted but have not responded. HSE
did respond to the previous application for 3 turbines. They did respond to the previous
application for 3 turbines stating that, given the proximity of the proposed turbines to the
energetics site, they would need to determine whether any foreseeable failure of a turbine
could result in the initiation of those explosives. HSE would have to consider if the turbines
do present a serious threat by way of issues including, but not limited to, failure of the
mast; blade throw; blade fragmentation; fire and ice throw. 
Response: HSE's previous comments are noted. The applicant has submitted an
assessment of those potential safety impacts with this application and has responded to
comments made in respect of the potential impact on the adjacent site. It is also noted that
the previous application had proposed a turbine to be approx. 120m from the energetics
site, as opposed to the currently proposed approx. 275m. 
3. Analysis 
All planning applications are required by the Planning Acts to be determined with regard to
the provisions of the development plan, so far as material to the application, and to any
other material considerations. It is considered that the main considerations for this
application are therefore the North Ayrshire Council Local Development Plan (LDP) adopted
November 2019 and the Scottish Government's National Planning Framework 4 (NPF4)
adopted February 2023. 
It is considered that the LDP and NPF4 are broadly similar. NPF4 has 33 policies on a wide
range of considerations. In respect of this application, it is considered that the relevant
polices of NPF4 are Policy 1 which requires significant weight to be given to the global
climate and nature crises; Policy 3, which relates to biodiversity conservation and
enhancement; Policy 4 which relates to impact on the natural environment including SSSIs;
Policy 6, which relates to trees; Policy 9 which relates to the sustainable re-use of vacant
brownfield land; Policy 11, which relates to renewable energy; Policy 14, which sets out the
six qualities of a successful place and Policy 26 which relates to industry. 
Strategic Policy 1: Towns and Villages Objective states that in principle support will be given
to proposals within towns which generate new employment opportunities, recognise the
value of the built and natural environment and prioritise the re-use of brownfield land over
greenfield that will deliver sustainable and productive re-use. 
67

Page 68

The site is within the town of Stevenston, as identified in the LDP. The application provides
a consideration of alternative sites. The site has been chosen primarily due to the proximity
of an existing business. It is noted that the proposal would not necessarily provide
employment opportunities beyond the construction phase, although it is also noted that the
energy produced would support an existing business. The concerns about the impact on
another existing business are noted and this balance is considered further below. The
proposal would use a brownfield site. The sustainability of this use, both in the context of
the wider industrial land and the natural environment is considered further below. 
Strategic Policy 2 of the LDP sets out the six qualities of a successful place: distinctive, safe
and pleasant, resource efficient, welcoming, adaptable, easy to move around and beyond.
Policy 14 of NPF4 also embodies the six qualities of a successful place in planning policies
and is considered similar to Strategic Policy 2. 
Policy 29: Energy Infrastructure Development states that support will be given to energy
infrastructure developments where they contribute positively to North Ayrshire's transition
to a low carbon economy and have no unacceptable adverse environmental impacts. The
relevant factors to be considered, including cumulatively, are as follows: visual impact,
amenity, noise and shadow flicker impacts on communities and individual dwellings; water
quality; landscape; natural heritage; carbon rich soils including peat; impact on the historic
environment; establishing the use of the site for energy infrastructure; providing a net
economic impact; scale of contribution to renewable energy targets; public access; impact
on tourism and recreation; aviation and defence interests; telecommunications and
broadcasting; road traffic and trunk roads; effects on the water environment; and
decommissioning. Proposals should include redundancy plans which will demonstrate how
apparatus will be removed as reasonably soon as the scheme cease operation. 
Proposals for wind turbine development should accord with the Spatial Framework and
consider the current Landscape Capacity Study for Wind Farm Development in North
Ayrshire. The Landscape Capacity Study will be used as a point of reference. 
Policy 11 of NPF4 states that development for all forms of renewable, low carbon and zero
carbon emissions including wind farms will be supported. This is only where they maximise
net economic impact. Where they impact on international or national designations, they will
be assessed against Policy 4 of NPF4. In addition, the following must be addressed;
amenity, including visual, impacts on communities and residences; significant landscape
and visual impacts, recognising that such impacts are to be expected from some forms of
renewable energy and localised impacts will generally be considered acceptable; public
access; impact on aviation interests; impact on telecommunications; road traffic; the historic
environment; water environment; biodiversity including impact on birds; impacts on trees;
decommissioning although areas identified for wind farms are expected to be suitable for
use in perpetuity; and cumulative impacts. 
Given the comments of Scottish Water, HES and WoSAS it is not considered that there are
any impacts on the water or historic environment. Given the former use and landform of the
area it is also not considered there would be any impact on carbon rich soils. If permission
was granted a condition requiring further details of surface water drainage could be
imposed. The considerations for the application are as follows: 
Visual/Siting/Landscape 
68

Page 69

Policy 15: Landscape and Seascape of the LDP states that support will be given to
development that protects and/or enhances the landscape/seascape character of the area.
Where appropriate, development should take into consideration its individual and
cumulative impacts on landscape features including woodlands, the coast and wider
seascape, settlements, and natural features of interest. 
With regards the Spatial Framework, this gives significant protection from wind farm
development to specific areas within North Ayrshire. This includes areas within 2km of
settlements. The entire application site is within approx. 1km of the settlement of Stevenston
with the nearest part approx. 575m distant. The turbine nearest to the closest houses is
approx. 750m distant from those houses. There is therefore a presumption of significant
protection from wind farm development in the application location. 
The current Landscape Capacity Study (LCS) for Wind Farm Development for North
Ayrshire is dated October 2018. This Study revised and updated 2009 and 2013 studies.
The application site is identified in the LCS as part of the Type 2a Coastal Lowlands with
Industry landscape character. The Ardeer Peninsula has been used as an industrial site
since the 19th century and the landform has been substantially modified. There are a
number of derelict structures but also operational buildings and an industrial estate on the
fringes. Scrub has been an extensive coloniser of the former industrial area and woodland
is also a feature. The site is in close proximity to the Type 2b Coastal Edge landscape
character, approx. 800m to the south-west, and the River Garnock estuary. This increases
sensitivity to large turbines. 
The LCS sets out the typologies of wind development which have been assessed. These
are: Very Large (over 130m high); Large (70-130m high); Medium (50-70m high) and Small-
medium (30-50m high). 
The LCS finds that there is very limited scope for Very Large turbines. The area is
considered to have a high sensitivity to such turbines. Turbines over 130m high would have
significant effects on the sense of naturalness experienced from the Type 2b Coastal Edge
landscape character area to the south-west. Such turbines close to the Garnock estuary
would also impact on the naturalistic waterfront setting. Such turbines would appear very
large in relation to the scale of existing industrial buildings and the smaller landforms,
including woodland, which are characteristic of Ardeer. The complex, small-scale
hummocky landform would inhibit an integrated wind farm layout. Such turbines would
detract from the diverse wetland/dunes/woodland landscape pattern of the area. Poorly
sited turbines would accentuate the fragmented nature of industrial development. Turbines
of this size would be highly visible from settlements and recreational areas, including well-
used beaches, impacting on the visual amenity of the area. Cumulative impacts could occur
given the 110m high turbines are the Glaxo Smith-Kline site to the west of Drybridge. 
It is noted the LCS considers the area highly sensitive to development of this scale. The
findings of the LCS are generally confirmed in the Landscape and Visual Impact
Assessment submitted by the applicants. This states there would be significant effects
within 2-3km. The whole of Stevenston is within 3km of the site. Indeed, the nearest part of
the settlement is some 575m from the nearest turbine. 
The applicant has produced an LVIA with viewpoints from within Stevenston, namely the
eastern end of Stevenston Beach Park at Trelawney Terrace; Dubbs Road at the junction
with the B752; the A738 (Kilwinning Road) opposite Hawkhill Retail Park; Shore Road Play
69

Page 70

Park; and the A738 (Glencairn Street) at the junctions with Graham Avenue and High Road.
The closest viewpoints would be mitigated by proximity and landscape features, although
the turbines would remain visible. The significant impact on all these locations can be seen.
Given the topography of the settlement the development will likely be highly prominent
throughout Stevenston with the greatest prominence being in views from the north. 
Such views are likely to extend into adjacent settlements, although it is accepted, they would
be less prominent the further away. Despite the concerns of the LCS, it is not considered
that these turbines would lead to any cumulative impact with existing or consented turbines.
It is noted that turbines are a feature of the wider landscape, particularly to the north-west
of Stevenston and turbines are also visible to the south-east around the industry in the Irvine
valley. 
It is noted that both turbines would be visible from the Ardrossan to Brodick Ferry. This
would be from a distance of at least 7km and would be viewed in the context of the urban
development and raised landform to the east. The turbines would also be prominent from
moving viewpoints along transport routes including the A78 Trunk Road and the
Ayr/Glasgow railway line. Such views would be transient although it is noted that the
turbines would also be visible from parts of the north bound Irvine railway station platform.
Given all the above, it is not considered the visual impact on transport routes would be
significant.   
The LVIA also considers the impact on historic assets including Irvine Town Centre
Conservation Area, at Low Green and Eglinton Castle, which is a designed landscape. It is
noted that views in such locations will be limited. The turbines are more likely to be
prominent looking north from Irvine Harbour Conservation Area. However, this would again
be in the context of the industrial character of the Ardeer peninsula with the development,
including other turbines beyond. 
South Ayrshire Council considers the visual impact on their area would not be significant.
Given the distance to South Ayrshire, some 7.5km, and that any views would be with the
background of the urban area and hills to the north. It is agreed the visual impacts from that
area would not be significant. 
It is considered that the proposal would have an adverse visual impact on most of the area
within 3km of the application site, particularly to the north and north-west. The visual impact
would adversely affect the settlement of Stevenston by introducing very large turbines which
would be highly prominent in many public and private locations. 
The development is therefore considered to be contrary to Policy 29 of the LDP and Policy
11 of NPF4 in terms visual and landscape impact. The proposal would not protect or
enhance the local landscape, and it is therefore contrary to Policy 15 of the LDP. The
proposal would be contrary to Strategic Policy 2 of the LDP and Policy 14 of NPF in terms
of adverse visual impact.   
Shadow Flicker Impacts on Communities and Individual Dwellings 
Shadow flicker is the effect of moving parts passing in front of the sun and casting a flickering
shadow through the openings of properties. Shadow flicker can be significant at a distance
of around 10 rotor diameters from a turbine. The applicant has provided an indicative turbine
elevation which suggests that the rotor diameter would be approx. 136m. This means that
70

Page 71

shadow flicker could occur up to approx. 1.36km distant. Both turbines would be within
approx. 1km of the settlement of Stevenston and office and industrial buildings on First
Avenue. 
Given that a shadow position is determined by the position of the sun, shadow flicker can
occur in an area approx. 130 degrees either side of north from a turbine. The proposed
turbines would sit to the east and slightly south of the settlement of Stevenston and approx.
south-east of the office and industrial buildings on First Avenue. It is clear therefore that the
turbines could potentially produce shadow flicker which might impact on properties in the
settlement of Stevenston and on First Avenue. 
If permission were granted a condition of any permission could require a protocol to require
selective shut down at appropriate times. Subject to a condition, the development could
accord with Policy 29 of the LDP and Policy 11 of NPF4 in terms of shadow flicker. 
Noise Impacts on Communities 
Policy 23 of NPF4 states that proposals which are likely to raise unacceptable noise issues
will not be supported. 
The applicant has submitted a noise assessment. The assessment concludes that the
predicted noise of the operational turbines would meet the ETSU-R-97 (Government
guidance on wind turbine noise) noise limits. 
NAC Environmental Health states that if permission is granted that conditions should be
imposed. The conditions should require, prior to commencement the carrying out of a
background noise survey in line with ETSU-R-97, the turbines should not operate at more
than 5dB above background at any noise sensitive premises, and the turbines to be subject
to compliance monitoring in the event of a complaint being received in respect of noise
disturbance from the occupiers of a noise sensitive premises. 
Environmental Health comments are noted. It is considered from the information submitted
that the proposal could operate without disturbing the nearby community, subject to such
appropriate conditions as requested. The turbines are to be sited in an area where industrial
development is considered acceptable and the impact on this area in terms of future
development is considered further below. 
On balance, it is considered that, subject to a suitable condition, the development would
accord with Policy 29 and Strategic Policy 2 of the LDP and Policy 23 and Policy 11 of NPF4
in terms of noise. 
Providing a Net Economic Impact 
Policy 7 of the LDP states that in principle the development of areas identified as suitable
for business and industry will be supported. Other employment generating uses may be
supported, including power generation, so long as they do not undermine the marketability
of the area for business and industry uses. 
Policy 9 of NPF4 states that developments which result in a sustainable reuse of brownfield
land will be supported.  Policy 26 of NPF4 states that development proposals for business
and industry uses on sites allocated for such uses will be supported.
71

Page 72

Ardeer peninsula is an area of some 530ha including existing businesses to all sides of the
application site. It has the potential for new business and industry as well as the expansion
of those existing. 
The applicant has stated that the turbines would provide energy to the Berry bpi Ardeer
factory which is to the western side of the site and peninsula. Berry bpi Ardeer has provided
comments in support of the application. The proposal would therefore assist the ongoing
operation of an existing business. The construction of the turbines would provide jobs
although the turbines are unlikely to provide significant local jobs during the operational
phase. 
Another existing business, Chemring, whose site bounds the application site has objected
to the proposal. Chemring considers that the turbines will create risks to the operation of the
site in numerous ways including potential failure, ice and fire throw, electrical interference
of communication and noise impacting on emergency procedures. Such risks to the site
could impact on its explosive license. Loss or amendment to that license could jeopardize
the operation of the site and/or its expansion. Chemring's comments are noted. The HSE
did not respond to consultation requests in respect of the proposal. However, HSE has
previously confirmed that they would need to review the license if the development went
ahead. 
The applicant has responded to the points raised by Chemring and suggests that the
proposed separation distance along with appropriate material, mitigation and maintenance
practices would mean the chances of impact are not significant. Details of the blade
construction material, fire mitigation measures, including confirmation of drive mechanism
and a safety plan could be attached by condition to any permission. An unexploded
ordnance survey has been carried out and it is also noted The Coal Authority considers the
area to be at low risk to former coal workings. 
The SCC's objection on the grounds of the marketability of the wider industrial site is also
noted. It is clear that the noise from the turbines would likely add to the background noise
level which may make other noisy industry unsuitable for the area. However, it is not clear
if energy development would deter industries from locating in the area. It could be argued
that the possibility for renewable sources of energy may make an industrial area more
appealing. The presence of the turbines may restrict new industry in the immediate vicinity.
However, given the scale of the industrial area, it is not considered that this would be a
significant detrimental impact. 
On balance, it is considered that the proposal would have a net economic benefit in that it
would provide a renewable energy source to an existing major employer. The impact on
another existing employer can be mitigated through appropriate conditions and the
possibility of HSE or another regulator changing their requirements at a future date is not
considered to be a material planning consideration. Whilst the immediate area around the
turbines may no longer be suitable for other development, such development has not been
proposed and there is no indication of any such development. The wider industrial area of
Ardeer would remain suitable for appropriate development. 
Given this and that the proposal would be a sustainable reuse of brownfield land it is
considered to accord with Strategic Policy 1, Policy 7, Policy 29, in terms of economic
benefit, of the LDP and Policy 9 and Policy 26 of NPF4. 
72

Page 73

Natural Heritage 
Policy 16: Protection of our Designated Sites of the LDP states that support will be given to
development which would not have an unacceptable adverse effect on our valuable natural
environment. Development affecting SSSIs will not be permitted unless it can be
demonstrated that the overall objectives and integrity of the designation would not be
compromised, or any adverse effects are clearly outweighed by social, environmental, or
economic benefits. Development likely to have an unacceptable adverse effect on protected
species will only be permitted where the applicant can demonstrate that a species license
is likely to be granted. 
Policy 18: Forestry, Woodland, Trees and Hedgerows of the LDP states that development
will only be supported when it would not result in the loss or deterioration of an ancient or
long-established woodland unless there are overriding public benefits from the development
that outweigh the loss of the woodland habitat. Where the loss of trees, hedgerows or
woodlands of merit is unavoidable and compensatory planting is required, replacement
trees should be of a similar scale and massing to the loss. 
Policy 3 of NPF4 states that proposals will contribute to the enhancement of biodiversity,
including where relevant, restoring degraded habitats and building and strengthening nature
networks and the connections between them. Proposals should also integrate nature-based
solutions, where possible. 
Policy 4 of NPF4 states that development proposals that will affect a National Park, National
Scenic Area, Site of Special Scientific Interest or a National Nature Reserve will only be
supported where the objectives of designation and the overall integrity of the areas will not
be compromised; or any significant adverse effects on the qualities for which the area has
been designated are clearly outweighed by social, environmental or economic benefits of
national importance. 
Policy 6 of NPF4 states that proposals will not be supported where they will result in
fragmenting or severing woodland habitats, unless appropriate mitigation measures are
identified and implemented in line with the mitigation hierarchy. 
NatureScot has advised the SSSI designation at Bogside Flats will not be affected.
NatureScot are considering the significance of the wider area. However, as a matter of fact,
the application site does not form part of a SSSI or have any other national designation. The
site is approx. 850m from the Bogside Flats SSSI. Given the distance between the sites, it
is not considered that the proposal has any impact on the SSSI. As the proposal has no
impact on a national designation, Policy 4 of NPF4 does not apply and Policy 11 should be
the primary policy of consideration under NPF4. 
The submitted Habitat Management Plan identifies that any trees within circular areas, a
total area of 5.5ha, around the turbines would need to be cleared. This equates to 2.6ha of
mixed plantation woodland and 1.4ha of young broad-leaved planation woodland, a total of
4ha of felling. The felled areas are dominated by non-native Corsican pine and silver birch
trees. 
Where felling takes place, open mosaic habitat would be created. Stumps of gorse and
brush would be retained. Seeding for grassland mixtures would be sown. The areas would
73

Page 74

be maintained during the growing season with failed areas to be re-seeded. Perennials such
as thistles, nettles and ragworts would be permitted to establish to provide opportunities of
invertebrates. Around the woodland edges felled tree stumps would be retained and
scalloped edges created to produce a transition from woodland to open mosaic habitat. Bird
boxes would be installed on the woodland edge to increase suitability for nesting birds. The
dead wood from felled trees would be retained within the woodland to create habitat for
reptiles, amphibians and invertebrates. 
It is also proposed to replant trees off site at a ratio of 2:1 i.e. replanting 8ha of woodland.
The replanting would be of native species and is intended to be carried out in conjunction
with the Ayrshire Rivers Trust.  This would provide biodiversity enhancement along
Ayrshire's watercourses. This would be done to extend local nature networks and provide
shading for riparian zones. 
It is noted that woodland plantation would be felled in order to facilitate the turbines. This
would be required to facilitate the operation and also lessen the chance of bird or bat strike.
It is also noted that whilst woodland would be lost, there is scope within the application site
to create an open mosaic habitat that would be compatible with the operation of the turbines.
The content of the Habitat Management Plan is noted as is NatureScot's confirmation that
it meets their requirements for providing a comprehensive and transparent framework for
compensation. 
SSC's objections on the grounds of impact on habitats is noted, as are NatureScot's
comments and lack of objection. The HMP, in so far as it relates to works inside the
application site, could be required by condition to be carried out. In terms of the off-site
planting, a condition could also be imposed to provide the details of those measures. A
Construction Environment Management Plan (CEMP) could also be required by condition
which would include details of tree protection measures for the existing woodland which
would not be felled. 
Subject to such conditions it is considered the proposal would not have an unacceptable
adverse impact on protected species or habitats, compensatory planting, biodiversity
enhancement and mitigation measure are proposed. There would be no adverse impact on
the nearby SSSI or any other national designation. As such the proposal accords with Policy
16, Policy 18 and Strategic Policy 29 and Strategic Policy 2 of the LDP and Policy 3, Policy
4, Policy 6, Policy 11, in terms of natural heritage, and Policy 14 of NPF4. 
The Stevenston Local Place Plan wishes to see the Ardeer Peninsula allocated as a
National Nature Reserve or similar. This aspiration of the LPP is noted. However, as outlined
above this specific site has no statutory designation and is identified in the development
plan as suitable for development. Given this and the small site area, in comparison to the
wider peninsula, it is not considered that the aspiration of the LPP outweighs the compliance
with the development plan. 
Roads 
In the information submitted by the applicants, it is intended to route abnormal loads from
Ayr to the site via the A78, A738 and Dubbs Road. This could be controlled through a
condition on any permission as part of a Construction Traffic Management Plan (CTMP).
This could also control the route of construction traffic. NAC Active Travel and
74

Page 75

Transportation has no objection subject to an avoidance of Stevenston town centre which
could be controlled through a CTMP. 
Subject to an appropriate condition, it is considered the proposal accords with Policy 29 and
Strategic Policy 2 of the LDP and Policy 11, in terms of road traffic, and Policy 14 of NPF4. 
Impact on Tourism, Recreation and Public Access 
As set out in the visual impact section of this report, the turbines would be visible from
Greenacres Caravan Park and Sandylands Holiday Park as well as recreation areas
particularly, Stevenston Beach Park, Irvine Beach Park, Irvine harbourside and Irvine moor.
It is noted that views towards the Ardeer peninsula from those locations is already in the
context of industrial development and wide developed area of Irvine Bay. Turbines are a
feature of the area in longer views. As such it is not considered the proposal would have a
significant impact on tourism or recreation in the wider area. 
Stevenston Community Council's concerns over the recreational value of the site itself are
noted, as are the comments in the Local Place Plan that access to the wider peninsula has
been reduced. However, it is not considered that this specific application site in itself has a
high recreational value, nor would the development of the turbines restrict access to the
wider peninsula. It is not considered there would be any significant effect on transport
routes. 
The proposal is therefore considered to accord with Policy 29 of the LDP and Policy 11 of
NPF4, in terms of impact on tourism. 
Aviation and Defence Interests and Telecommunications and Broadcasting 
NATS and Prestwick Airport both object to the proposal. They consider the proposal could
have an unacceptable impact on Prestwick Air Traffic Control. Those bodies consider further
assessments in respect of radar modelling are required. The objections are noted. 
The applicant's response to the objections is also noted as are the other planning decisions
where such matters have acceptably been addressed by planning condition. It is agreed
that a condition relating to radar modelling could be attached to any permission. As
previously advised, given the aviation objection, the Council would be required to report the
application to the Scottish Ministers if it is minded to approve the application. 
The applicant's assessment identifies that mobile phone communications in the area should
not be affected. The Joint Radio Company (JRC) has objected to their assessment in terms
of Ultra High Frequency (UHF) links. The JRC consider that UHF links could be impacted,
and mitigation is required. If permission were granted confirmation of mitigation could be
governed by condition. 
Subject to suitable conditions, any potential impact on air traffic control and
telecommunications could be mitigated. The proposal accords with Policy 29 of the LDP or
Policy 11 of the NPF4 in terms of aviation interests and telecommunications and
broadcasting 
Scale of Contribution to Renewable Energy Targets 
75

Page 76

The exact type of turbine has not been specified. However, indicative examples have been
provided and from the information submitted it is considered that turbines of the permitted
height could generate up to 12.6MW. A condition could be added to any permission for the
turbine type to be confirmed. However, there appears potential for generation of up to that
megawattage, although the intermittent nature of any generation is noted given the
requirements of wind and the likely need to turn turbines off when certain circumstances are
met. Notwithstanding, the potential energy generation is noted, and the proposal is
considered to accord with Policy 29 in terms of contribution to renewable energy. 
The contribution to renewable energy production in respect of the global climate and nature
crisis is noted. Significant weight is given to the contribution to tackling climate change that
the proposal can make. Significant weight is also given to the potential impact on nature
which the proposal could have. That potential impact could be mitigated through the
implementation of the Habitat Management Plan, as set out above. Subject to conditions
requiring the HMP to be implemented it is considered that contribution to tackling climate
change has more weight and as such the proposal is considered to accord with Policy 1 of
NPF4. 
Establishing the Use of the Site for Energy Infrastructure/Decommissioning. 
NPF4 makes clear that areas identified for wind farms should be suitable for use in
perpetuity. Therefore, if permission is granted it should be expected that turbines could be
located on site longer than any specific lifetime of this proposal. 
The information submitted with the application envisions an operational lifespan of 25 years.
It is considered that removal of any turbine if it becomes redundant could be governed by
condition, including a decommissioning plan and financial securities if required, if
permission is granted. Such conditions would also help mitigate any long-term impact on
the viability of the wider area for industrial uses by ensuring the removal of the turbines in
the event of redundancy. 
The proposal, subject to conditions, accords with Policy 29, in terms of decommissioning.
Establishing the site for energy infrastructure would follow from any permission and the
balance of issues is considered further below. 
Conclusion 
Subject to suitable conditions, the proposal accords with the following factors of Policy 29
of the LDP and Policy 11 of NPF4: shadow flicker; noise; telecommunications; aviation
interests; natural heritage; water environment; historic environment; carbon rich soils;
decommissioning; access; recreation; net economic impact; contribution to renewable
energy and cumulative impact. 
It also accords with Strategic Policy 2 of the LDP and Policy 14 of NPF4 in terms of the
qualities or 'safe and pleasant,' 'sustainable,' and 'adaptable' 
It also accords with Strategic Policy 1, Policy 7 of the LDP and Policy 9 and Policy 26 of
NPF4 as a sustainable reuse of brownfield land allocated for business and industry. 
It also accords with Policy 16 and Policy 18 of the LDP and Policy 3, Policy 4 and Policy 6
of NPF4 in terms of biodiversity enhancement and compensatory planting of woodland. 
76

Page 77

Notwithstanding the above conclusion, in consideration of the various relevant factors of
Policy 29 of the LDP and Policy 11 of NPF4, the proposal is considered to be contrary in
terms of: visual and landscape impact. The proposal is also contrary to the Spatial
Framework and, given the size of the turbines, the requirement to have consideration of the
Landscape Capacity Study.  The proposal is also contrary to Strategic Policy 2 of the LDP
and Policy 14 of NP4, in terms of the quality of 'distinctive,' and Policy 15 of the LDP in terms
of visual impact. 
Given all the above, on balance the proposal is considered to accord with Policy 29 of the
LDP and Policy 11 of NPF4, including establishing the site for energy generation, and
Strategic Policy 2 of the LDP. 
The proposal is also considered to accord with Policy 1 of NPF4 which require all
applications to be considered with significant weight given to the global climate and nature
crises. The proposal accords with the relevant nature related polices and the renewable
energy generated by the turbines will contribute to addressing the climate emergency. 
With the weight given to Policy 1 of NPF4 and the above noted policies which the proposal
accords with, it is considered the adverse visual impact is outweighed and that, in overall
terms, the proposal accords with the development plan. 
The application is therefore recommended for approval subject to the conditions set out and
the decision referred to the Scottish Ministers in light of the objection from the aviation
consultees. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. Prior to the commencement of the development, details of the turbine types,
including blade type, material and turbine drive, maintenance schedules, and the micro-
siting within the approved locations shall be submitted to the Council, as Planning
Authority for written approval. Thereafter the development will be completed in
accordance with such details as may be approved. For the avoidance of doubt the
turbines will have direct drives. 
Reason 
To ensure appropriate specifications and in the interests of safety. 
Condition 
2. Prior to the commencement of the development, details of fire mitigation measures
and a safety plan, including details of how the turbines will be incorporated into
neighbouring businesses safety plans, shall be submitted to the Council, as Planning
Authority. The development will thereafter only be operated in accordance with any
mitigation measures and safety plan as maybe approved. 
77

Page 78

Reason 
To ensure appropriate mitigation in the event of accident. 
Condition 
3. Prior to the commencement of the development, a background noise survey in line
with ETSU-R-97 and associated good practice, shall be carried out. The survey shall be
carried out in accordance with a methodology to be agreed with the Council, as Planning
Authority, in consultation with NAC Environmental Health. The results of the background
noise survey shall be submitted to the Council, as Planning Authority, prior to the
commencement of the development. 
Reason 
To ensure the development operates at appropriate noise levels in the interests of
amenity. 
Condition 
4. That the turbines shall be operated to ensure that, when assessed at nearby noise
sensitive premises between the hours of 7am and 11pm, the noise from the turbines shall
not exceed 35dB LA90, 10min or no more than 5 dB(A) above the prevailing background
LA90, 10min, as set out in the survey conducted under Condition 3, whichever is greater. 
The turbine noise emission levels will be correlated to standardised wind speed at 10
metre height and will be assessed from turbine cut-in up to and including 10m/s. If the
operation of the wind turbine when assessed at any noise sensitive premises results in an
audible tone, the appropriate penalty in accordance with ETSU-R-97 shall be added to the
measured level when determining compliance with this condition. 
Reason 
To ensure the development operates at appropriate noise levels in the interests of
amenity. 
Condition 
5. That the turbines shall be operated to ensure that, when assessed at nearby noise
sensitive premises between the hours of 11pm and 7am, the noise from the turbines shall
not exceed 43dB LA90, 10min or no more than 5 dB(A) above the prevailing background
LA90, 10min, as set out in the survey conducted under Condition 3, whichever is greater. 
The turbine noise emission levels will be correlated to standardised wind speed at 10
metre height and will be assessed from turbine cut-in up to and including 10m/s. If the
operation of the wind turbine when assessed at any noise sensitive premises results in an
audible tone, the appropriate penalty in accordance with ETSU-R-97 shall be added to the
measured level when determining compliance with this condition. 
Reason 
To ensure the development operates at appropriate noise levels in the interests of
amenity. 
Condition 
6. In the event of a valid complaint being received by the Council, as Planning
Authority, in conjunction with NAC Environmental Health, the operator of the turbines
shall, on notification by the Council, arrange for compliance monitoring to be undertaken
by a competent person to demonstrate compliance with Conditions 4 and 5, to the
satisfaction of the Council, as Planning Authority. The programme of monitoring muse be
78

Page 79

carried out in accordance with a methodology to be agreed with NAC Environmental
Health and commence within 28 days of notification of a complaint. The results shall be
presented to the Council, as Planning Authority, within 28 days of the cessation of
monitoring. 
Reason 
To ensure the development operates at appropriate noise levels in the interests of
amenity. 
Condition 
7. Prior to the commencement of the development, a Construction Environment
Management Plan (CEMP), including details of species protection and bat monitoring and
tree protection measures for trees to be retained, shall be submitted to the Council, as
Planning Authority, for approval. Such a plan should include measures to mitigate the
impact on the environment during construction. 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 provide an appropriate construction management plan and to meet the
requirements NatureScot. 
Condition 
8. Prior to the 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 in the interests of local
habitats and protected species. 
Condition 
9. Prior to the 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. For the avoidance of doubt all delivery and
construction traffic shall approach the site via Dubbs Road. 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 in the interests of road safety. 
Condition
10. That the Habitat Management Plan (HMP), produced by Echoes Ecology Ltd and
dated 26th September 2024, submitted with this application shall be carried out in
accordance with the details set out in HMP, including the post development monitoring
and reporting. Such Habitat Monitoring Reports prepared under the HMP shall be
79

Page 80

submitted to the Council, as Planning Authority, annually following one year from the
completion of the development. 
Reason 
To ensure that the proposed biodiversity enhancement measures are undertaken. 
Condition
11. That prior to the first operation of the turbines, details of the off-site compensatory
planting, proposed within the HMP, including locations, tree-species, timescale and after
care shall be provided, to the Council, as Planning Authority, for approval. Any planting as
may be approved will thereafter be carried out in accordance with any details as may be
approved. 
Reason 
To ensure that the proposed biodiversity enhancement measures are undertaken. 
Condition
12. That prior to the commencement of the development details of a mitigation
assessment undertaken by a Joint Radio Company (JRC) engineer, including details of
any proposed mitigation shall be submitted to the Council, as Planning Authority, for
written approval. The development will thereafter be carried out in accordance with any
details as may be approved. 
Reason 
To ensure that potential impacts on radio signals are appropriately considered. 
Condition
13. The prior to the commencement of the development, details of the following shall
be submitted to the Council, as Planning Authority: 
a binding undertaking from the developer to Glasgow Prestwick Airport, as Airport
Operator, to pay such sums demonstrably and reasonably incurred by the Airport
Operator in: 
(i) Procuring Terma A/S (or its duly appointed representative in the UK) to undertake a
Terma Radar Modelling Assessment to determine the Terma Probability of Detection
Reduction Factor in connection with the Development and providing the results of such
modelling to the Airport Operator, the developer and the Council; 
(ii) Optimising the Airport Operator's operational Terma Scanter 4002 primary surveillance
radar to accommodate the Development; 
(iii) Validating any optimisation of the operational Terma Scanter 4002 primary
surveillance radar undertaken in respect of the development by way of flight trial over the
development, if such validation is reasonably required; and 
(iv) In the event of a wind turbine(s) forming part of the development being permanently
removed, undertaking any of steps (ii) and/or (iii) above necessitated by the removal of
such a turbine. 
80

Page 81

Such details as may be submitted to be agreed in writing with the Council, as Planning
Authority, in consultation with the Civil Aviation Authority. 
Reason 
To ensure the Airport Operator is reimbursed for the actual costs it may incur in
optimising its primary surveillance radar as a result of the development. 
Condition
14. Prior to the commencement of the development details of a scheme of mine gas
monitoring including any mitigation measures, if required, shall be submitted to the
Council, as Planning Authority, for written approval. The development will thereafter be
carried out in accordance with any details as may be approved. 
Reason 
To ensure that potential underground gases from historical coal mining are
appropriately considered in the interests of ground safety. 
Condition
15. That prior to the commencement of the development, details of surface water
management shall be submitted to the Council, as Planning Authority, for written approval.
The development will thereafter be carried out in accordance with any details as may be
approved. 
Reason 
To ensure surface water is managed appropriately in the interest of the drainage of
the area. 
Condition
16. The prior to the commencement of the development, details of a protocol for the
shut down of a turbine(s) in the event of a valid complaint being received by the Council,
as Planning Authority, in conjunction with NAC Environmental Health, shall be submitted
to the Council, as Planning Authority, for written approval. The protocol shall include
details of monitoring of weather conditions to allow an assessment of the circumstances in
which shadow flicker might occur and appropriate mitigation measures. The turbines will
thereafter only be operated in accordance with any protocol as may be agreed. 
Reason 
To ensure an appropriate mechanism to mitigate shadow flicker impacts in the
interests of amenity. 
Condition
17. That prior to the commencement of the development, a scheme of restoration for
the specific turbine locations shall be submitted to the Council, as Planning Authority, for
approval. The scheme shall include details of any financial security held by the landowner
to ensure removal of the turbines in the event of redundancy. 
Reason 
To ensure and appropriate scheme of restoration in the interest of visual amenity. 
Condition
81

Page 82

18. That within six months of the cessation of electricity generation by the
development, or within six months following cessation of construction works prior to the
development becoming operational, the turbines and all associated equipment, structures
and hardstanding shall be removed, and the site restored in accordance with any scheme
of restoration as may have been approved. 
Reason 
To ensure that any redundant equipment is removed in the interests of visual
amenity. 
Allan Finlayson 
Chief Planning Officer           
For further information please contact Mr Iain Davies  on 01294 324320. 
82

Page 83

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. 
83

Page 84

84