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.
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee A Meeting of the Planning Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 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
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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
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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
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee Sederunt Robert Foster (Chair) Cameron Inglis (Vice-Chair) Scott Davidson Stewart Ferguson Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Chloe Robertson Ronnie Stalker Chair: Apologies: Attending: 4
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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
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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
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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
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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
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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
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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
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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
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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
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Development Plan Scheme 2024 Draft - November 2024 13
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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NORTH AYRSHIRE COUNCIL 27th November 2024 Planning Committee Locality North Coast and Cumbraes Reference 24/00444/PPM Application Registered 6th June 2024 Decision Due 6th October 2024 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location Hunterston Construction Yard Fairlie North Ayrshire Applicant Clydeport Operations Ltd Proposal Construction of new quay wall, infilling of dry dock basin to upgrade existing marine construction yard, together with ancillary works, to include, site security fencing, lighting, removal of existing bund and sections of stone revetment, and surface water drainage work ___________________________________________________________________ 1. Description Permission is sought for the infilling of the dry dock basin within the existing marine construction yard and construction of a new quay wall. To facilitate these works an existing bund and section of stone revetment would be removed. It is also proposed to erect security fencing and lighting, substations, and carry out surface drainage works. Dredging works are proposed for the sea adjacent to the site. These works would be below the low mean water mark and as such do not require planning permission. A license for such activity is required from Marine Scotland and a separate application is required. Dredging does not form part of the consideration for this planning application. However, information relating to it has been submitted as the associated Environmental Impact Assessment (EIA) was prepared for both the planning application and marine license application. The application site is some 40ha in area, not including the access road. The site comprises all of the construction yard except for the north-east corner (which is subject of Agenda Item 4 27
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a separate application to form a Recycled Aquaculture System complex for Bakkafrost ref: 24/00588/PPM). The access road, also known as Power Station Road, extends from the construction yard to the A78. The whole Construction Yard has a lawful use for general industrial purposes (ref: 22/00717/LUE). The application falls within the category of "national" development, in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and National Planning Framework (NPF) 4. A pre-application consultation (PAC) was required. A PAC notice was received 11th September 2023 (ref: 23/00698/PREAPM). The proposal was scoped in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 on 17th December 2021 (ref: 23/00757/EIA). An EIA has been submitted and includes consideration of the following: Biodiversity Considers impact on designated sites, habitats and protected wildlife. It concludes that the construction and operational phase may result in impacts. However, it is not considered that any impacts would be more than negligible to moderate. Disturbance to marine mammals and wintering birds is possible during construction but mitigation measures are proposed which will ensure no significant effects on ecological features. A basking shark risk assessment, wintering bird survey and marine mammal risk assessment have been carried out. Mitigation measures include the employment of an independent ecological clerk of works (ECoW) and persons to observe marine mammals and birds to allow construction to take place in a manner which minimises impacts. The ECoW will audit a Construction Environment Management Plan (CEMP) which will set out such best practices to be adhered to. Seascape, Landscape and Visual Considers the impact on the seascape and landscape and concludes that any impacts would be limited to within 3km of the site. Any impact would be in the context of the existing industrial infrastructure and settlements, and it is considered the development would visually integrate to the wider area. Any visual impacts are not considered to be unacceptable given the site context. Terrestrial Noise A construction Noise Impact Assessment (NIA) has been carried out in accordance with the relevant planning advice. The NIA has predicted neutral impacts for construction activity. Dredging may have a noise impact during the nighttime. Traffic Assessment A maximum of 11% uplift in HGV movements during the construction period is predicted on the A78 but the overall impact on the trunk road is considered to be low. It is considered there is an insignificant potential for driver delay and non-motorised users of the area should also be minimally affected. It is not anticipated there would be any hazardous load/large load vehicle movements associated with the development. 28
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Water Environment and Coastal Processes
This considers the potential impact of the dredging, which does not form part of this
application. It is not considered there is significant impact from terrestrial construction
works given the potential for mitigation measures such as the CEMP.
Socioeconomic and Human Health
There are not considered to be any significant adverse effects associated with the socio-
economic impacts or on human health. There is considered to be a minor positive
economic impact during construction and in potential long-term future uses. The CEMP
could minimise risk to recreational uses of nearby pathways etc.
Accidents and Natural Disasters
The development in itself is not a source of a hazard that could result in a major accident
and/or disaster. There will be no increase in the risk of significant effect due to other
hazards occurring. Construction can be mitigated through appropriate management. If the
site becomes operational other regimes could control any operations such as licenses
from SEPA etc.
Navigation
This considers the risk to navigation. This would be a matter for the Group Harbour Master
and mitigation measures are suggested.
Although not full topics of the EIA, assessments of Air Quality; Material Assets and Wate;
and Carbon, Climate Change and Greenhouse Gas Emissions have also been provided. It
is concluded there are no significant impacts and in terms of air quality. A Dust
Management Plan for the construction phase is proposed.
The site is within the Hunterston Strategic Development Area and a Business and Industry
Employment Location, as identified within the Adopted 2019 North Ayrshire Council Local
Development Plan ("the LDP"). NPF4 identifies Hunterston as a Strategic Asset. The
relevant polices are Strategic Policy 2, Strategic Policy 3, Policy 7, Policy 15, Policy 16
and Policy 31 of the LDP and Policy 1, Policy 4 and Policy 14 of NPF4.
The Council approved a development framework for Hunterston PARC, which includes the
construction yard. The development framework is a material consideration for this
application.
2. Consultations and Representations
The application was advertised in the local newspaper. One comment was received.
1. It is unclear, from either the planning application or the marine license application,
where the material needed to infill the basin will come from. Whist the best practical
option, as the marine license application states, would be to use the dredge material and
there is no guarantee that any or all of the dredge material will be suitable.
There is no information of alternative sources. If this were to come by road it would
generate a significant number of vehicle trips. As such a condition should be put on any
permission restricting the delivery of any infill material to the site so that is from the seas
only.
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Response: Agreed. Given the traffic assessment relates to construction works based on dredged material, it is considered appropriate, that should permission be granted, a condition restricting delivery of infill material. As Hunterston benefits from a rail head as well as sea links, it is considered any restriction should be to the road rather than specifying sea only. The following consultation responses were received. Transport Scotland - No objection subject to a condition. Prior to commencement of the development a Construction Traffic Management Plan (CTMP) should be submitted to Council for approval in consultation with Transport Scotland. Such a plan should include measures to facilitate the continuous operation of the Ayrshire Coastal Path. Response: Noted. If permission is granted it could be subject to such a condition. NAC Active Travel and Transportation (Roads) - No objections. Response: Noted. NAC Environmental Health - No objections. The noise assessment methodology and findings are noted, and advice is given on working hours. Conditions are suggested requiring the details set out in the submitted Geo-Environmental Risk Assessment are implemented, the Dust Management Plan carried out throughout construction and that a Construction Noise Management Plan be submitted to Environmental Health. Response: Noted. Such conditions could be attached to any permission, if granted. Office for Nuclear Regulation - They are assured that the proposed development can be accommodated within the off-site emergency plan arrangement. The proposed development does not present a significant external hazard to the safety of the nuclear site. Response: Noted. Northern Lighthouse Board - The Navigational Risk Assessment and review is noted. It is also noted the required Notification to Mariners and marine safety information will be issued as needed. Therefore, no objections. The developer should liaise with Northern Lighthouse Board regarding temporary navigation provision, seek their statutory sanction where necessary and upon completion send a set of as-built drawing to the UK Hydorgraphic Office. Response: Noted. The applicant is aware of these requirements which can also be added as an informative to any permission, if granted. Marine Scotland - The information relating to aquaculture remains the same as when Marine Scotland provided it to the applicant in October 2023. Response: Noted. 30
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SEPA - No objection. No flood risk concerns. The works will bring the site above the 200year Coastal Flood Boundary. SEPA are in discussions regarding waste permits. The surface water drainage discharge outfalls are proposed. The outfall which is proposed to the SSSI can be authorised under a license from SEPA. Response: Noted. NAC Flooding - No objection. The proposal would be unlikely to increase the number of people and property at flood risk. Response: Noted. NatureScot (formerly SNH) - Initially sought further information from the applicant. A letter was provided in August 2024. SNH consider that the proposal could adversely impact on the Southannan Sands SSSI including the Priority Marine Feature (PMF) of intertidal seagrass and blue mussel beds. Any works carried out must be done in accordance with a condition set out in the SNH response, to update the CEMP once intertidal surveys are compete, otherwise SNH would object. Response: Noted. Such a condition as suggested could be attached to any permission, if granted. Fairlie Community Council (FCC) - Note that the application is for terrestrial works only. Do not consider it is possible to consider the full implications without information as to where the material for infill will come from. It is understood the dredge material may not be suitable. Marine Scotland have not provided any view on the impact of the works. Clarity of the waste permits with SEPA should also be sought. No decision should be made until this is clarified. The application should be determined in parallel with the Marine Scotland application. The EIA states that works will be carried out 24 hours 7 days a week. NAC Environmental Health point out their hours are 7am to 7pm Monday to Saturday and the need to notify of work outwith those hours. Any such request should be based on environmental or technical reasons and not just to expedite works. Concern over noise and the likelihood of disturbance from late night working. As NAC Environmental Health are unlikely to be able to monitor, particularly at night, 24-hour monitoring should be a requirement for the developer. Note that Peel Ports are listed as whole owner of site. Previously it was understood that the Crown Estate owned some of the site. Concerns are expressed that Peel Ports has a monopoly of ports in the Clyde. Response: The comments around dredging are noted. These are not subject of the application and are a matter for Marine Scotland as part of the license application. Notwithstanding, as the information submitted assesses traffic in terms of use of dredged material for infill, it is considered a condition could be attached to restrict deliveries to means other than the road. 31
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The Marine License application is part of a separate regime and relates to works for which planning permission is not required. SEPA licenses would be a matter for SEPA. The planning application must be determined on its merits in accordance with the development plan and all other material considerations. The outcome of other license applications are not material considerations. NAC Environmental Health has requested a Construction Noise Management Plan, which can be conditioned if permission is granted. This would include details of appropriate monitoring. The applicant has confirmed that they own the site. The comments regarding ownership of ports is not a material consideration. The Cumbrae, Largs and West Kilbride Community Councils were consulted but no comments have been provided. 3. Analysis Strategic Policy 3: Hunterston Strategic Development of the LDP area states that proposals for certain industrial uses will be supported at Hunterston Deep Water Port including renewable generation, manufacture, maintenance and testing; maritime decommissioning and construction; bulk handling facilities; and other storage, processing and distribution and light industry facilities which would not undermine the strategic importance and unique asset of Hunterston as a deep-water port. Policy 7: Business and Industry of the LDP states that support will be given in principle to business and industry uses in identified locations, including Hunterston. NPF4 identifies Hunterston, including the Construction Yard, as a Strategic Asset. It states that the repurposing of Hunterston will be supported. NPF4 identifies certain development proposals which are to be classified as 'national' in terms of the hierarchy of development. Such national developments are considered to support the redevelopment and reuse of the existing strategic asset. Such development supports the national spatial strategy. One of the developments identified as 'national' is 'Infrastructure to support a multi-modal deep- water harbour.' On 1st December 2021, the Planning Committee agreed to approve a development framework for Hunterston PARC, which includes the construction yard. The development framework identifies this location as suitable for development. It identifies the site as a marine yard with scope for industrial development. Strategic Policy 2: Placemaking of the LDP sets out the six qualities of a successful place. The relevant qualities in respect of this development are considered to be 'distinctive,' 'resource efficient,' 'safe and pleasant' and 'adaptable.' Policy 14 of NPF4 is essentially a reiteration of the six qualities, with the relevant qualities being 'distinctive,' 'sustainable,' 'pleasant' and 'adaptable.' It is considered that infilling the dry dock basin and creation of the quay wall is infrastructure to support a multi-modal deep-water harbour. The land has a lawful use for general industry and this development will facilitate such uses. The proposal would support the repurposing of the Hunterston Construction Yard. As such the proposal accords with the principles of Strategic Policy 3 and Policy 7 of the LDP and Hunterston Strategic Asset, as identified in NP4, and the development framework for Hunterston PARC. The proposal also meets the 32
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'adaptable' criteria of Strategic Policy 2 of the LDP and Policy 14 of NPF4 in that it will facilitate re-use and flexibility for an existing industrial site. Policy 15 of the LDP states that, where appropriate, development should take into consideration its individual and cumulative impacts on landscape features. The physical works proposed comprise a permanent quay on the north-western edge of the yard, infilling of the current dry dock to create a uniform ground level, installation of fencing between 2.4m and 3m in height, upgrading the existing access road on the south-eastern edge of the yard to 7.3m wide with 2m footpath and creation of a similar access road on the south-western edge of the yard. Lighting columns would be erected around the edge of the yard. They would vary in height from 4m to 10m with six 34m high columns being erected on the inside edge of the new quay wall. There would be electricity substations at the northern, southern and western corners of the yard. These would be some 2.7m in height with largely flat roofs. The physical appearance of the works is as may be expected for an industrial area. The works would be highly visible at close range, such as from Hunterston House, the road network to the nuclear power stations and the Fairlie Moor Road. These are views which are already primarily industrial in the foreground, and it is not considered the works would have any significant unacceptable impact. The works would also be visible from the west and north. The main visual impact would be on views from the western end of Millport and the east side of the Isle of Cumbrae. The works would be visible from the Millport Conservation Area, but it is not considered it would have any impact on the setting of the Conservation Area. From the north the works could be viewed from the recreation area at the end of Ferry Road, Fairlie The yard is already prominent from those locations. The quay wall itself would likely have a minimal impact on views but the lighting columns would be more prominent. The other works are likely to be imperceptible from any distance. The lighting columns would be viewed against the context of the existing industrial landscape including the former coal yard and nuclear power stations. From Fairlie, the view to the south is at a distance of some 3.2km with the jetty for the former coal yard in between. The development permitted in the area, but not yet built, such as 185m high cable extrusion tower in the former coal yard, is noted. It is also noted that from popular recreation and views spots at Portencross and the Glaid Stone at the top of Cumbrae, there would be no or very little view of the works. Given all of the above, it is not considered that the visual impact of the proposal would be such to harm the amenity of the area or local landscape features. The development is therefore considered to accord with Policy 15 of the LDP and the 'distinctive' qualities of Strategic Policy 2 and Policy 14 of NPF4. Policy 16 of the LDP states that support will be given to development which would not have an unacceptable impact on our valuable natural environment. Development affecting Sites of Special Scientific Interest (SSSIs) will not be permitted unless it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area will not be compromised, or any adverse effects are clearly outweighed by social, environmental, or economic benefits of national importance. 33
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Policy 4 of NPF4 is similar to Policy 16 of the LDP in that it states development proposals that will affect SSSIs will only be supported where the objectives of designation and overall integrity will not be compromised, or any significant adverse effects are clearly outweighed by social, environmental or economic benefits of national importance. The application site is not within any designated site. However, it is bounded on its eastern, part of its northern and part of its south-western side by the Southannan Sands SSSI. This was first notified as a SSSI in 1971 and re-notified in 2013 with a reduced area. The SSSI is notified for its intertidal marine habitats and saline lagoons: sandflats. The sandflats extend for over 4km of coast, divided into three areas by the Hunterston Construction Yard and the jetty of the former coal terminal. The proposed works are either restricted to the interior of the existing yard or to its north- western edge, the furthest part from the SSSI. NatureScot was consulted on the proposal and offer no objections subject to a condition requiring an intertidal survey to be completed in advance of works commencing with details to be submitted and agreed. This should form part of an updated CEMP. Such a condition could be attached to any permission. The application has included surveys of species within and near the site and mitigation measures to minimise disturbance during construction. Such mitigation could be required by condition as could the employment of an independent ecological clerk of works (ECoW) to ensure compliance with the CEMP. The surface water from the site currently drains to the Clyde and it is proposed to continue to do this. The new proposed outflow to the SSSI would require the authorisation of SEPA. Subject to a condition required by NatureScot and conditions relating to the ECoW and carrying out of the CEMP, it is not considered that the proposal would harm the objectives of the SSSI or its integrity. Notwithstanding, it is also noted that the development would meet the criteria to be considered as a 'national' development. The proposal therefore complies with Policy 16 of the LDP and Policy 4 of NPF4. The proposal would also meet the 'resource efficient' and 'sustainable' qualities of Strategic Policy 2 of the LDP and Policy 14 of NPF4 in that supports the efficient use of resources and integrates biodiversity solutions. A Construction Environment Management Plan (CEMP) has been prepared and as set out above this could be updated to reflect NatureScot's requirements. The CEMP also includes details of measures to mitigate construction impacts on residential amenity. NAC Environmental Health was consulted and offers no objection. It is suggested that the Dust Management Plan be carried out throughout construction and that a Construction Noise Management Plan be submitted. Such conditions could be attached to any permission if granted. Given the chance that works outwith daytime hours could be required, and given FCC's comments regarding monitoring, any CNMP should include details of proposed monitoring of works outwith normal working hours. NAC Environmental Health would retain the power to investigate any statutory nuisance should it occur. Transport Scotland and NAC Active Travel and Transportation (Roads) were consulted and offer no objections. A condition could be attached to any permission requiring the submission of a Construction Traffic Management Plan (CTMP) to include measures to mitigate impact on the Ayrshire Coastal Path network. The submitted information relating to road impacts is on the basis that infill material will be brought by sea. A condition could also 34
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be attached to any permission restricting deliveries of infill material to non-road sources i.e. the sea or by rail, in order to reflect the predicted impacts as considered in this application. The Northern Lighthouse Board has no objections in respect of navigation and an informative could be attached to any permission to clarify their requirements to any developer. Subject to such conditions it is not considered the proposal would have any significant adverse impacts on local amenity, the road network or navigation. The proposal therefore accords with the 'safe and pleasant' criteria of Strategic Policy 2 of the LDP and the 'pleasant' criteria of Policy 14 of NPF4. Policy 31 of the LDP requires 'major' development proposals to be assessed in terms of possibility for district heating or other forms of renewable energy storage. The proposal is a 'national' development by way of the Hierarchy of Development Regulations which is equivalent in Policy 31 terms to 'major.' However, the works themselves do not constitute a significant heat source. Should a development constituting a significant heat source be proposed for the yard following the works, this would be considered on its merits should an application be required. As such the proposal accords with Policy 31 of the LDP. Policy 1 of NPF4 states that when considered all development proposals significant weight will be given to the global climate and nature crises. The site is an existing industrial yard. The proposed works would facilitate the use of the yard. Any future uses which require planning permission would be considered on their own merits. However, it is not considered that the works subject of this application is intrinsically incompatible with addressing the climate and nature crises and the impact on protected species and habitats is considered above. Indeed, the changes to the yard could allow for development which would help address those issues. The proposal accords with Policy 1 of NPF4. The proposal is considered to accord with the relevant policies of the development pan. There are no other material considerations to the contrary and permission can be granted subject to conditions. 4. Full Recommendation Approved subject to Conditions Reasons for Decision The proposal complies with the relevant provisions of the development plan and there are no other material considerations that indicate otherwise. This is determined following an assessment which has had regard to the provisions of the development plan, so far as material to the application, and to any other material considerations. Condition 1. Prior to any works commencing on site a Phase II Intertidal Survey will be completed and provided to North Ayrshire Council, as Planning Authority, and NatureScot. The Construction Environment Management Plan (CEMP) will be updated to reflect the findings of this survey including details of the approach to ongoing assessment of the 35
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identified PMFs during and post works. Following completion of the works a Project Completion report will be provided detailing the PMF condition recorded during and post work completion. This report will also detail any remedial work required to be carried out on the basis of the monitoring results, to be agreed with the Council, as Planning Authority, in consultation with NatureScot. Thereafter all works are to be carried out in accordance with any CEMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure the CEMP reflects any potential impacts on the adjacent intertidal area and provides an appropriate construction management plan and to meet the requirements NatureScot. Condition 2. Prior to commencement of the development an independent ecological clerk of works (ECoW) shall be appointed. The contact details, credentials and terms of reference shall be submitted to the Council, as Planning Authority, for approval. For the avoidance of doubt, the ECoW will audit the CEMP, and the construction practices contained therein. The ECoW will have the authority to halt any works not in accordance with the CEMP and report such incidences to the Council, as Planning Authority. Reason To ensure proper oversight during the construction process Condition 3. Prior to commencement of the development a Construction Traffic Management Plan (CTMP) shall be submitted to the Council, as Planning Authority, for approval in consultation with Transport Scotland. Such a plan should include measures to facilitate the continuous operation of the Ayrshire Coastal Path. Thereafter all works are to be carried out in accordance with any CTMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure construction traffic is suitably managed and to maintain appropriate operation of the coastal path network Condition 4. That no infill material shall be brought to the site by road. Reason In recognition of the transport assessments carried out and in the interests of road traffic management. Condition 5. Prior to the commencement of the development, a Construction Noise Management Plan (CNMP) shall be submitted to the Council, as North Ayrshire Council, for approval in consultation with NAC Environmental Health. Any CNMP shall include details of proposed monitoring for any possible work outwith the hours 7am to 7pm and details of procedures to be undertaken should NAC Environmental Health receive a valid complaint relating to noise disturbance. Thereafter all works shall be carried out in 36
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accordance with any CNMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate management of noise from construction in the interests of amenity. Condition 6. Prior to the commencement of the development, a Dust Management Plan (DMP) shall be submitted to the Council, as North Ayrshire Council, for approval in consultation with NAC Environmental Health. Thereafter all works shall be carried out in accordance with any DMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate management of dust from constriction in the interests of amenity. Condition 7. The works shall be carried out in accordance with the recommendations set out in Section 5.2 of the Phase 1 Geo-Environmental Risk Assessment, prepared by Envirocentre dated March 2024. Any unsuspected contamination become evident during the works shall be brought to the attention of NAC Environmental Health. Thereafter a suitable investigation strategy as agreed with North Ayrshire Council, as Planning Authority, shall be implemented and any necessary remediation works carried out prior to any further works taking place on the site, all to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure that any unsuspected contamination is identified and dealt with appropriately site and to meet the requirements of NAC Environmental Health. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320. 37
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Appendix 1 – Location Plan DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of His Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire Council Licence Number AC0000825715. 38
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NORTH AYRSHIRE COUNCIL 27th November 2024 Planning Committee Locality Reference 24/00547/PPM Application Registered 2nd September 2024 Decision Due 2nd January 2025 Ward Garnock Valley Recommendation Approved subject to Conditions __________________________________________________________________ Location Tennox Farm Kilbirnie North Ayrshire KA25 6LX Applicant Mr Gareth Wilson Proposal Tourist accommodation development to include: - change of use of agricultural land, erection of buildings for holiday lets, ancillary outbuildings, hunting lodge and alterations/extension to existing stable building for manager's accommodation (in retrospect); - the erection of a storage/agricultural/activity building with link corridor to existing shed, erection of holiday cabins and all associated parking, footpaths, landscaping, parking and upgraded drainage infrastructure (proposed) ___________________________________________________________________ 1. Description Planning permission is sought for major development at Tennox Farm, Kilbirnie, primarily associated with an established tourism business but also for residential use in association with the tourism and agricultural enterprises. The application consolidates a number of unauthorised developments and future plans for the site into one comprehensive development proposal. The existing developments which the applicant is seeking consent for the retention of, and, in some instances their change of use, are as follows: - Erection of 1.5 storey dwelling for use as a holiday home (the subject of an enforcement notice served in 2023); Agenda Item 5 39
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- Erection of ancillary outbuildings within the curtilage of the holiday home (gym, BBQ hut, garden store, cleaners store, pergola - all subject of an enforcement notice served in 2023); - Erection of upper floor accommodation above stables block for use as manager's flat (whilst the stables block has planning permission, the flat above does not and is currently unauthorised); - Retention and re-development of unauthorised yard area with landscaping and shed (see below); - Erection of holiday lodge (referred to in the plans as 'boat house'); - Erection of a timber cabin (referred to in the plans as 'shooting lodge'). The proposed developments are as follows: - Erection of shed and link corridor within yard area for agricultural, storage and tourism uses (the link corridor would connect the proposed shed to an existing shed (with planning permission) used for storing/displaying a collection of vehicles and known as the 'heritage museum'); - Erection of 5 no. holiday cabins at the northwest of the site; - Erection of caretakers lodge at the north of the site; - Formation of footpath network; - Extensive landscaping works, primarily tree planting for biodiversity enhancement; - Ancillary infrastructure works to include formation of SuDS detention basin for the storage and treatment of surface water and the upgrading of the foul drainage network to include new septic tank and reedbed in an existing ditch, with disposal to Pitcon Burn. Tennox Farm is located in the rural area to the south of Kilbirnie and north of Dalry, and is accessed from the B780 which runs to the east of the site. Whilst Tennox has retained some agricultural land use, with Highland cattle grazing on some of the fields, it could not be described as a typical working farm, having diversified towards predominately tourist accommodation use in recent years. Tennox Farm has been developed by its current owners to provide residential accommodation, holiday homes, storage, equestrian and yard developments during the past decade. The highest parts of the site around the original steading provides panoramic views over the surrounding rural landscape. The land around the site consists of open countryside and is mostly used for grazing. The land falls towards the west into the narrow valley of the Pitcon Burn, beyond which the ground rises upwards towards Langside Farm, Swinlees Farm and Carswinning Hill where there is a hard rock quarry. To the east, the ground falls towards the floor of the Garnock Valley. To the north and south, the ground falls more gently through agricultural land towards the settlements of Kilbirnie and Dalry, respectively. In support of the application, the following documents have been provided: - Pre-application consultation (PAC) report - Design and Access Statement - Planning Statement - Business Plan - Preliminary Ecological Appraisal - Coal Mining Risk Assessment - Transport Statement 40
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- Drainage Strategy - Lighting Assessment - Biodiversity Enhancement Plan The application requires to be considered in terms of the Local Development Plan (LDP) and National Planning Framework 4 (NPF4). In terms of the LDP, the following policies require consideration: Strategic Policy 1 (The Countryside Objective), Strategic Policy 2 (Placemaking), Policy 6 (Supporting Sustainable Tourism), (Policy 14 (Green and Blue Infrastructure), Policy 15 (Landscape and Seascape), Policy 18 (Forestry, Woodland, Trees and Hedgerows), Policy 22 (Water Environment Quality). In terms of NPF4, the following policies require consideration: Policy 1 (Tackling the climate and nature crises), Policy 2 (Climate mitigation and adaptation), Policy 3 (Biodiversity), Policy 9 c) (ground stability or contaminated land), Policy 14 (Design, quality and place), Policy 29 (Rural development) and Policy 30 (Tourism). Tennox Farm has an extensive planning and enforcement history, which is summarised as follows: Planning applications 06/00850/PP - Change of use of byres including alterations and extensions to form 2 dwelling houses - approved subject to conditions on 27th February 2007 18/00273/PP - Conversion of outbuildings to form 2 no dwelling houses and widening of access driveway (retrospective) - approved 10th May 2018 20/00446/PP - Change of use of agricultural land to form extension to curtilage associated with Tennox Farm and the erection of general purpose storage shed for personal domestic use (retrospective) - withdrawn 9th February 2021 21/00104/PP - Erection of general purpose storage shed for personal domestic use (retrospective) - approved subject to conditions 12th March 2021 21/00105/PP - Erection of stables and formation of riding arena (retrospective) - approved subject to conditions 23rd June 2021 22/00331/PP - Erection of dwellinghouse, associated outbuildings, landscaping and ancillary works (retrospective) - refused 6th September 2022 and local review subsequently dismissed. 23/00096/PP - Change of use of agricultural land to form yard (in retrospect); the erection of a shed for agricultural and general purpose non-commercial storage with link corridor to existing storage shed; the erection of boundary treatment and the undertaking of landscaping/ancillary works - application withdrawn 30th August 2024 Enforcement Notices 18/00019/ALTS - Erection of large shed to north of property, riding arena and stables - Section 33A notice complied with and planning permission for the developments granted in 2021 under refs. 21/00104/PP and 21/00105/PP 22/00012/BREACH - Extension of yard and associated works, erection of additional house, and non-compliance with conditions. (Two separate notices were served, one during 2022 for the yard and one during 2023 for the house). All of the developments which were subject of the notices are included in the current planning application. The conditions which were breached have been addressed, through compliance, during 2023. 41
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This application was screened for EIA purposes in 2024 with the conclusion that EIA was not required. 2. Consultations and Representations The application was subject to the statutory neighbour notification process and included a notice in a local newspaper. A total of 61 representations were made, with 59 in support of the application, 1 opposed and 1 neutral with a recommendation. Objections 1. The L shaped dwelling house and associated buildings have already had permission refused, including a failed appeal, because they do not meet the LDP policies. These reasons are still valid despite the intended use now being changed to one of tourism. Response: Notwithstanding the planning and enforcement history of the site, the current application requires, by statute, to be considered on its individual merits. By law, planning applications required to be determined in accordance with the development plan unless material considerations indicate otherwise. Consideration of the application against the development plan and other relevant material planning considerations is provided in the Analysis section of the report. 2. The site itself is within an expansive rural area beyond the original developed area around Tennox Farm. The site is already over developed beyond the curtilage of what would have been the original Tennox Farm. The intended development will require further roads and paths to be laid, continuing the impact on the visual amenity of the site, reducing drainage capacity and reducing the agricultural nature of the area. Response: Noted. See Analysis below. 3. With regards to the stable block, the applicant owns all of the properties within Tennox Farm and therefore accommodation is available to meet the needs of a site manager without the need for the second storey above the stables. The additional floor with its windows, decorative lintels, balconies etc has made a more significant visual impact on the amenity, than the original simple stable's design. Response: Noted. See Analysis below. 4. The land designated for the sheds should be agricultural land, not a yard and not a site for sheds. An enforcement notice served in March 2022 already determined that the 'existing yard' has a negative impact on the visual amenity and is incongruous with the established character of the countryside area. Response: Noted. See Analysis below. 5. The proposed sheds would have a negative visual impact on the rural scene irrespective of the bund and landscaping because of the height of the land, the height of the sheds and the sheer gross size planned development - over 3000m2 in total footprint of the 2 sheds and link corridor. It would be visible for a significant distance along the valley from the west, even with screening because it will be a significant number of years 42
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before trees planted even on a bund will extend beyond 8 metres high. This proposal is out of scale with existing buildings in the surrounding area even when there are agricultural sheds in the vicinity. It is not in scale with the existing buildings on the Tennox site either. Response: Noted. An existing shed on the site, containing a collection of private vehicles, already has planning permission (ref. 21/00104/PP). Analysis of the proposed additional shed and link corridor from the existing shed is provided in the next section of the report. 6. The purpose of one shed, a personal car collection, does not meet any of the 9 exceptions to development outwith towns and villages as laid out in strategic policy 1 in the local plan. It is nothing to do with the intended tourist accommodation usage. Response: Noted. As noted above, an existing shed on the site, containing a collection of private vehicles, already has planning permission (ref. 21/00104/PP). See Analysis below. 7. This whole proposal would further extend the already extensive light pollution from Tennox buildings and landscaping further up the valley. The totality of the buildings and landscaping, all constantly lit in the hours of darkness looks like a hamlet when viewed from the B784. The lighting assessment in the current application demonstrates how the new buildings will have reduced impact lighting installed but it does not describe how the existing development will also have its lighting impact reduced which was a condition of the permission granted for the original shed in 2021. Response: Noted. A lighting assessment has been submitted with the application. See Analysis below. 8. The proposed 15 place car park is sited in a very visually obtrusive position in front of the stable block. It will be a very obvious intrusion on a current view of grazing fields in the valley and would be better placed where it cannot be seen from the B784. Response: Noted. The proposed car park would be screened by landscaping. See Analysis below. 9. The rural and agricultural character of this part of the Garnock Valley is important to everyone and it is important to any businesses which rely on the quiet and rural aspect of the valley. The Pitcon Burn is quiet and unspoilt. It feels that parts of the proposed (holiday lodge) development will be too intrusive in their current design and will have a permanent negative impact on the whole of this part of the valley. Response: Noted. See Analysis below. Support comments 59 letters of support have been submitted. These are largely from visitors who have spent time at Tennox Farm or from tradespeople who have worked there. The comments have been submitted by people from a wide geographical area including North Ayrshire and surrounding districts, other parts of Scotland, England, Wales and Northern Ireland. 1. The comments which have been submitted by previous visitors to Tennox are very positive in relation to the existing facilities provided, making reference to the high quality of 43
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the environment, the interesting and unique buildings, the well-maintained landscape, helpful staff and its rural setting/views. Response: Noted. See Analysis below. 2. Many comments also highlight the economic regeneration benefits of the proposed developments to the local area in terms of tourism, visitor expenditure and the jobs which have been created both within the site (eg. cleaners, admin staff, maintenance workers, building trades) and in the 'satellite' businesses such as Glow in Dalry (eg. beauty therapists, hairdressers). Response: Noted. See Analysis below. 3. Comments were also made in relation to the support for other local businesses which visitors to Tennox Farm make use of, including hot food takeaways, restaurants and shops. Response: Noted. See Analysis below. 4. The job creation potential of the proposed developments has been highlighted as being of significant importance to the long-term future of the Garnock Valley area, with comments stating that the proposals represent "a vital step forward for the local economy, offering much-needed jobs and helping Kilbirnie thrive as a destination for countryside tourism." Response: Noted. See Analysis below. Other comments RSPB Scotland has recommended that swift bricks be incorporated into the existing and new buildings to provide nesting opportunities for swifts which are now a 'red-listed' species on the list of birds of conservation concern. Response: Noted. A condition could be attached to address this concern. Consultations NAC Active Travel and Transportation - no objections. An existing access will be used for this proposal. Sightlines of 2 x 215m in both directions are achievable. A Transport Assessment is available. Response: Noted. NAC Environmental Health -no objections, subject to conditions in respect of ground gases associated with historic mining and in respect of any unsuspected contamination of the ground. Notes that the applicant must ensure that the septic tank/small-scale sewage treatment plant to serve the proposed development is designed and installed in accordance with the relevant British Standards to be of adequate capacity for the intended purpose, capable of operating efficiently without giving rise to nuisance. Any effluent discharges must not be located in the proximity of any private water extraction sites. Any relevant consent to discharge to the water environment should be sought from the Scottish Environment Protection Agency (SEPA). The applicant should contact North 44
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Ayrshire Council's Licencing section to ensure any short-term let accommodation is registered accordingly. Any asbestos material encountered on site must be dealt with in accordance with all relevant legislation and codes of practice. Appropriate arrangements must be made for the removal and proper disposal of waste materials off site. Burning waste on site is not permitted unless exempted by SEPA. Irrespective of any permitted SEPA exemptions, dark smoke or smoke nuisance must not be created at any time. Response: Noted. A letter has been sent to the applicant/agent regarding the above matters. Where appropriate, conditions are recommended. Notes can also be attached to any grant of planning permission. The Coal Authority - no objections subject to conditions. The Coal Authority records indicate that parts of the site lie within an area of both recorded and probable historic unrecorded shallow coal mining. These coal mining features could affect public safety and surface stability for the proposed development. Whilst parts of the site have been investigated to confirm these areas are not at risk from shallow coal mine workings, the overall application site remains at risk and as recommended by Mason Evans Geo- Environmental Consultants, further works are required. The findings of the additional ground investigation works within the areas of Westfield Lodges, East Lodge and the Stables and Riding area should inform the extent of any remedial and / or mitigation measures required to ensure that the development, as a whole is or can be made safe and stable. The intrusive site investigations should be designed and undertaken by competent persons to ensure that these are appropriate to assess the ground conditions on the site to establish the coal-mining legacy present and the risks it may pose to the development and inform any mitigation measures that may be necessary. Wherever coal resources or coal mine features exist at shallow depth or at the surface, there is the potential for mine gases to exist. Local planning authorities should seek their own technical advice on the gas hazards that may exist, and appropriate measures to be implemented, from technically competent personnel. It should be noted that where SuDS are proposed as part of the development scheme consideration will need to be given to the implications of this in relation to the stability and public safety risks posed by coal mining legacy. The developer should seek their own advice from a technically competent person to ensure that a proper assessment has been made of the potential interaction between hydrology, the proposed drainage system and ground stability, including the implications this may have for any mine workings which may be present beneath the site. It should be noted that there are two recorded mine entries within or within 20m of the site boundary (1 x on-site; 1 x off-site) however, our records state that these relate to ironstone workings. Accordingly, as the remit of the Coal Authority's Planning team extends to coal mining legacy only, we are unable to advise whether ironstone mine entries will cause any land instability / public safety issues. However, the applicant should be made aware of the requirement of Policy 9 (c) of NPF4 that they need to demonstrate to the satisfaction of the LPA that the application site is safe, stable and suitable for development Response: Noted. In the event of planning permission being granted, the recommended conditions and accompanying notes could be attached. 45
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Scottish Water - no objection. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. There is currently sufficient capacity in the Camphill Water Treatment Works to service the development. However, please note that further investigations may be required to be carried out once a formal application has been submitted to us. There is no public waste water infrastructure within the vicinity of this proposed development therefore we would advise applicant to investigate private treatment options. Response: Noted. The applicant is aware that there is no public sewer serving the site and has proposed the upgrading of the existing private drainage system to include waste water treatment and a separate surface water system including SuDS. West of Scotland Archaeology Service - advise that archaeological work is unlikely to be required in relation to the proposal; this is because it is apparent that most of the major ground disturbance required for construction of the development appears to have taken place already. Response: Noted. Kilbirnie & Glengarnock Community Council - no comments. 3. Analysis In terms of the adopted LDP, the site is located within a rural area allocated as countryside. The following analysis will firstly consider the development plan (the North Ayrshire LDP followed by NPF4), and secondly, the other material considerations associated with the proposed development and its planning/enforcement history. North Ayrshire Local Development Plan (the LDP) The LDP was adopted 5 years ago in November 2019. It sets out strategic land use policies for North Ayrshire under the broad themes of coast, countryside and towns/villages. In this case, the relevant strategic land use policy is The Countryside Objective, part of Strategic Policy 1. Strategic Policy 1 - The Countryside Objective The Countryside Objective recognises that "our countryside areas play an important role in providing homes, employment and leisure opportunities for our rural communities. We need to protect our valuable environmental assets in the countryside while promoting sustainable development which can result in positive social and economic outcomes." Whilst noting that "in general, countryside areas are less well suited to unplanned residential and other developments because of their lack of access to services, employment and established communities" it outlines support for the following categories of development and land use (NB only those most relevant to the current planning application are reproduced below): a) expansions to existing rural businesses and uses such as expansions to the brewery and distillery based enterprises in the area; 46
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b) ancillary development for existing rural businesses and uses, including housing for workers engaged in agriculture or forestry; d) tourism and leisure uses, where they would promote economic activity, diversification and sustainable development, particularly where they develop our coastal tourism offer/ infrastructure. It is noted that Tennox Farm is now an established rural tourism business through the provision of high quality holiday cottages for visitors to the area. Unlike the coastal and island parts of North Ayrshire, the Garnock Valley has not traditionally been associated with tourism, with its economy being more closely tied to industry and agriculture. Despite this, the quality of accommodation and facilities on offer at Tennox has helped to change the perception of the area. As noted in the supporting business plan, it has become a significant employer in the locality as a result of its success. Future expansion of the site, provided this is sensitive to the rural environment, would accord with the Countryside Objective. For the safety and security of guests and their belongings, it is accepted that the management of the site requires an on-site presence. This is of particular significance in light of the proposed addition of log cabins, which will likely result in an increase in the potential number of guests staying at any one time. The proposed owners/managers flat would be above a previously consented stable block. The proposed caretakers lodge, similar in design and size to a holiday cabin and located towards the north end of the site, would provide a secondary presence on the site for the management of facilities, guests and ground maintenance. Together with the various other enhancements proposed to the site (landscaping, biodiversity, drainage, paths etc.) it is considered that the application can be supported in terms of Strategic Policy 1. Strategic Policy 2 (Placemaking) This strategic policy aims to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. Applications are expected to meet the six qualities of successful places, contained in this policy. Through the submitted supporting information, the following comments are made in relation to the six qualities of successful places: Distinctive It is considered that the proposal draws upon the positive characteristics of the surrounding area to create a place with a sense of identity. This is evident from the existing developments. The proposed developments would adopt a timber cabin theme with woodland landscaping which is considered appropriate for the rural surroundings given the character of the area. Existing and proposed building design throughout the site is considered to be appropriate for the rural setting of Tennox, taking into account the nature of the proposed use for tourist accommodation. Welcoming/Safe and Pleasant It is considered that the proposal has considered the future users of the site by creating a pleasant, positive sense of place by promoting visual quality and a sense of security. The proposed layout would help people to find their way around by accentuating existing 47
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landmarks to create or improve views. This quality also requires that appropriate signage and lighting is used to improve safety. The signage at Tennox is limited to a carving on the stone entrance wall adjacent to the B780, which is inconspicuous within its rural setting. Lighting, which was the source of complaints several years ago, has been reduced in terms of its brightness. A lighting strategy has been provided for the entire site, including the existing and proposed developments. The strategy demonstrates, using accepted professional methodologies, that the lighting scheme for the proposed developments will be compliant with the residential and ecological receptor criteria as set out in the Scottish Government's published guidance. A range of mitigation measures are proposed. Subject to the implementation of the development against the submitted mitigation measures, the proposal is considered acceptable in this regard. The Safe and Pleasant criterion highlights that proposed development "sufficiently investigates and responds to any issues of ground instability." In response to the submitted coal mining risk assessment, The Coal Authority has no objections to the existing and proposed developments subject to further intrusive investigations being carried out. As noted above, these matters can be addressed by conditions. For consideration of landscape and visual impacts, refer to Policy 15 (Landscape and Seascape), below. Adaptable The ongoing development of Tennox Farm demonstrates the adaptability of the site for tourism purposes, having successfully diversified from an agricultural unit. Resource Efficient Solar PV panels would be installed on the roof of the existing shed (heritage museum) to provide renewable energy for the site. A biodiversity enhancement plan has been submitted in support of the application, which notes that the proposal will bring about a significant biodiversity net gain primarily in terms of new native tree and shrub planting, creating an orchard, bird boxes, bat boxes, infilling gaps in hedgerows and creating new wetland areas. A sustainable drainage system would also be provided to ensure improved water quality prior to discharge to the Pitcon Burn. See also Policy 14 (Green and Blue Infrastructure) and Policy 22 (Water Environment Quality), below. Easy to Move Around and Beyond The site is within 2 miles of Kilbirnie and Dalry. The adjacent B780 is a bus route, although there are currently no bus stop facilities near to the site entrance. There are no safe walking facilities alongside the B780 near to the site, although there is a 3m wide roadside footpath nearer to Kilbirnie (starting at the junction with Boag Road). These factors would tend to mean that most, if not all, journeys to and from Tennox would be by private vehicles. However, it is not considered that the scale of the proposed development would be a significant trip generator. In summary, it is considered that the application can be supported in terms of Strategic Policy 2. The relevant detailed policies of the LDP are considered below. Policy 6 (Supporting Sustainable Tourism) In principle, Policy 6 supports the creation and enhancement of tourism and related activities that are in accordance with the Tourism Framework for Scotland and with the Council's 48
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current Tourism Strategy, including development and expansion of chalets, static and touring caravan, and other camping sites. Development should be sited to take into account the details contained with the flood risk management policy, in particular for uses described as being most vulnerable by SEPA. Tennox Farm has already added to the range of tourist accommodation within North Ayrshire, and within an area that has not traditionally catered for overnight stays. The proposed holiday home and lodge developments would continue the established theme at Tennox, adding new forms of accommodation within an attractive landscaped setting. The total number of holiday homes and lodges both existing proposed is not significant (ie. less than 20). It is considered that the existing and proposed developments would be within environmental capacities (eg. treatment and disposal of waste water, traffic generation, energy use). The proposed developments would be for self-catering purposes, and would not feature eating or drinking facilities such as a cafe or restaurant. It is considered that the omission of such facilities would help to generate visitor expenditure in the local towns and villages, as evidenced by the submitted business plan. The site is not at risk of flooding from the nearest watercourse, the Pitcon Burn, taking future flood risk into account. It is therefore considered that the proposed development accords with Policy 6. Policy 14 (Green and Blue Infrastructure) This policy requires that all proposals should seek to protect, create, enhance and/or enlarge our natural features and habitats which make up our green and blue infrastructure (including open space), ensuring no unacceptable adverse environmental impacts occur. Green and blue infrastructure should be multi-functional, accessible and integral to its local circumstances. The application provides a series of measures which would address the requirements of Policy 14, including a sustainable drainage system for the management and treatment of surface water, the upgrading of the existing waste water treatment system, the provision of new woodlands linked by footpaths and therefore accessible to visitors to the site as well as the retention of existing hedgerows and most of the agricultural fields. In comparison with the baseline situation, it is considered that the green and blue infrastructure would be enhanced. The proposed development therefore accords with Policy 14. Policy 15 (Landscape and Seascape) The policy supports development that protects and/or enhances landscape/seascape character, avoiding unacceptable adverse impacts on designated and non-designated landscape areas and features. The application site does not affect any areas of national scenic areas, special landscape areas nor wild land. With regard to local landscape features, and where appropriate, Policy 15 requires that development should take into consideration its individual and cumulative impacts on landscape features, including: i) patterns of woodlands, fields, hedgerows and trees; ii) lochs, ponds, watercourses, wetlands, the coast and wider seascape; iii) settlement setting, including approaches to settlements; iv) the setting of green network corridors, such as important transport routes and the cycle and footpath network; v) historic, natural and recreational features of interest, skylines and hill features, including important views to, from and within them. 49
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For all development with the potential to have an impact on either Landscape Character or Landscape features (including their setting), appropriate mitigation measures should be considered as part of any planning application. It is considered that the existing developments at Tennox Farm have very limited impact on the B780 corridor to the east of the site. Similarly, the proposed developments would have very limited impacts to the east. This is largely due to the local topography, which restricts views towards the existing and proposed built-up parts of the site. Existing and proposed development on the sloping ground to the west would be visible from the B784 corridor to the west. The B784 and adjoining land is located at a higher ground level and Tennox Farm is visible from the in the middle distance when viewed from that direction. However, the site is viewed within the context of a larger rural area which includes a number of farmsteadings with housing, byres, yards and large sheds of modern design. The proposed shed would be the most dominant element within the landscape. It is proposed to mitigate its visual impacts through the use of a dark green cladding scheme (as per the existing shed), earth mounding and tree planting. It is considered that the siting, scale and design of the shed is not dissimilar to many of the existing agricultural sheds which can be found across the surrounding rural landscape. The proposed holiday lodges would be situated on lower ground. Whilst the lodges would result in the expansion of the current built-up area (which is concentrated on the hilltop), the siting, design and landscaping associated with the holiday lodges would reduce their visual impact on the landscape. Containment would be provided by the rising ground to the east and existing woodlands which follows the banks of the Pitcon Burn to the north and south. Additional woodland planting proposed within the grounds of Tennox Farm would, over time, help to blend the new lodges into the rural landscape, providing opportunities for enhanced biodiversity and wildlife. The other elements of the proposed development involve the erection of smaller buildings within the main established cluster around the original steading. Landscape and visual impacts are therefore considered to be of less significance. It is noted that the agricultural character of the site has been and would be further altered by the existing and proposed developments and the associated tree planting. However, it is acknowledged that Tennox Farm has already diversified away from traditional farming operations many years ago and that tourism is now the primary use of the site, with agriculture a secondary or lesser use. Through the combination of appropriate building siting/design and the introduction of native woodland planting, it is considered that the landscape and visual impacts of the proposals would be acceptable. The application therefore accords with Policy 15. Policy 18 (Forestry, Woodland, Trees and Hedgerows) The intention of Policy 18 is to prevent the loss or deterioration of established woodland unless there are overriding public benefits from the development that would outweigh the loss. In this case, it is not proposed that trees or woodland would be felled or removed to make way for development. As noted above, a significant quantity of new woodland is to be planted. The proposal is therefore acceptable in terms of Policy 18. 50
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Policy 22 (Water Environment Quality) The above policy supports development that helps achieve the objectives of the Water Framework Directive and the River Basin Management Plan for Scotland. Generally, development which would lead to the deterioration of the water environment will be resisted unless it would deliver significant social, environmental or economic benefits. Development will be required to ensure no unacceptable adverse impact on the water environment by: a) Protecting and enhancing the ecological status and riparian habitat, natural heritage, landscape values and physical characteristics of water bodies (including biodiversity and geodiversity); b) Protecting and enhancing existing flood plains; protecting opportunities for public access to and recreation and enjoyment on and around lochs, rivers, burns, wetlands and the coastal marine area; and c) Having regard to any designated Bathing Waters. As noted above, the existing and proposed development would be served by an upgraded treatment system, septic tank and outflow to the Pitcon Burn via a reed bed. These measures would achieve the necessary pollution control measures, subject to SEPA's approval (a Controlled Activities Regulations licence would be required). In addition, the submitted plans for the development including new riparian tree planting and a footpath along the eastern banks of the Pitcon Burn, which would enhance biodiversity. The proposed SuDS system for the site would reduce the rate of surface water run-off. No new buildings would be erected within at least 45m of the watercourse. Finally, there are no bathing waters affected by the development. In summary, it is considered that the application accords with Policy 22. National Planning Framework 4 In terms of NPF4, the following policies require consideration: Policy 1 (Tackling the climate and nature crises) This policy requires that, when considering all development proposals, significant weight will be given to the global climate and nature crises. As noted above, the proposals include measures to reduce carbon emissions from the development through the introduction of solar PV panels on the roof of an existing building. It is also proposed to introduce additional woodland planting for enhanced biodiversity and wildlife. Policy 2 (Climate mitigation and adaptation) The intention of this policy is to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. As noted above, the site is not at risk of future flooding from the Pitcon Burn. The form of development would be low density with significant areas of open space and planting. A sustainable drainage system would be provided as would an upgraded waste water treatment system. Policy 3 (Biodiversity) The intention of this policy is to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. At present, Tennox Farm consists of a series of buildings and associated ground which are situated around the original steading, with agricultural grazing land beyond. There is a large yard at the north end of the site which lacks any positive environmental benefits. There is also a pond within the site and ornamental planting. The proposals involve a much greater focus on nature and wildlife which would be achieved through the introduction of woodland, including an 51
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orchard. The woodland would reinforce existing nature corridors (eg. hedgerows). Proposed changes to the grounds maintenance practices would enable wildflowers to become established along the edges of the fields. Policy 9 c) (ground stability or contaminated land) Whilst the intent of this policy is to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development, part c) covers instances "where land is known or suspected to be unstable or contaminated, development proposals will demonstrate that the land is, or can be made, safe and suitable for the proposed new use". A Coal Mining Risk Assessment has been submitted with the application which was sent to The Coal Authority for their consideration. Their consultation response indicates that, due to historic coal and ironstone mining in this area, land instability is a material consideration for the proposals. The Coal Authority has no objection subject to conditions on the need for further works. These works could include additional site investigations and, potentially, ground stabilisation measures. As noted above, the conditions recommended by The Coal Authority can be attached to any grant of planning permission to demonstrate that the application site is safe, stable and suitable for the existing and proposed development. Policy 14 (Design, quality and place) The intention of this policy is to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. As noted above, the application has been considered against the Six Qualities of a Successful Place and found to be acceptable in terms of design and placemaking. Policy 29 (Rural development) This policy aims to encourage rural economic activity, innovation and diversification whilst ensuring that the distinctive character of the rural area and the service function of small towns, natural assets and cultural heritage are safeguarded and enhanced. As noted above, it is considered that the proposed developments would safeguard and create employment and attract visitors to the area, which in turn would support the rural economy and service function of the local towns. This is considered to be an important factor given the long term decline in the employment and service function of the Garnock Valley towns, together with the associated deterioration of the built environment of town centres through lack of trade and reduced expenditure on building maintenance. The application includes measures to protect and enhance the natural environment within the site, as well as the retention of the remaining fields for agriculture (cattle grazing). There would be no adverse impacts on any cultural heritage resources either at the site or elsewhere. Policy 30 (Tourism) The intention of this policy is to encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with net zero and nature commitments and inspires people to visit Scotland. Proposals for tourism related development require to take into account the contribution made to the local economy and compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors. As noted above, the developments at Tennox in recent years have created a demand for overnight stays and holidays in a location which previously did not have a tourism industry. It is considered that the proposals are of appropriate scale for the area, and do not represent over-development of the farmland. Evidence that a local economic benefit has been achieved from the present developments have been provided 52
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in the application, and it is reasonable to conclude that the proposed developments would add positively to visitor numbers in the future. A considerable number of representations have been received highlighting the benefits to local companies arising from the existing and proposed developments. As the proposed lodges would be purpose built, there would be no loss of residential accommodation arising from the new development. The existing residential accommodation which was built without planning permission would be re- purposed as holiday accommodation, which would increase the bedspaces available for tourism without the loss of established residential accommodation. The proposed manager's accommodation above the stables would be acceptable given the need for supervision on the site, as would the small lodge house for a caretaker. Finally, turning to other material considerations which are relevant to the application. As noted above, there is an extensive planning and enforcement history for the application site. A series of planning applications have been granted by the Council over the years. It is accepted that there is an established tourism use operating from a number of buildings which were originally intended for residential use and that the main use of the site is now for tourism purposes. Two enforcement notices served by the Council have not been complied with. These are for the unauthorised yard area (2022) and the erection of a dwellinghouse (2023). The application seeks to address previous enforcement issues as follows: 1. change of use of unauthorised dwellinghouse for use as holiday accommodation 2. development of a yard area with a shed, link corridor and associated landscaping 3. development of a flat above stables for use as manager's accommodation For the reasons given above, it is considered that the proposals are acceptable in terms of the development plan given the potential economic benefits to the North Ayrshire economy through sustainable tourism. However, it should be noted that a grant of planning permission is not of itself sufficient to resolve the outstanding enforcement issues. Only if a planning permission is granted and implemented would the Council then be in a position to reconsider the notices previously served. As such, this decision must be taken without prejudice to the resolution of those matters. There are no other material considerations that have been identified which would outweigh this conclusion. Accordingly, it is therefore recommended that planning permission is granted, subject to the conditions indicated below. 4. Full Recommendation Approved subject to Conditions Reasons for Decision Condition 1. That the development hereby approved shall be implemented in accordance with the submitted plans, drawings and recommendations contained in the application (inclusive of all associated supporting documentation) unless otherwise indicated below, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason 53
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To secure the implementation of the development in accordance with the supporting information. Condition 2. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority documents which confirm that: a) a scheme of intrusive site investigations has been carried out on site to establish the risks posed to the development (inclusive of existing developments on the site) by past coal and ironstone mining activity; b) any remediation works and/or mitigation measures to address land instability arising from coal and ironstone mining legacy, as may be necessary, have been implemented on site in full in order to ensure that the site is made safe and stable for the development proposed; and c) an assessment of the likelihood of any ground gases. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative Scottish and UK guidance. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure that ground stability risks are identified and appropriately addressed in the interests of health and safety. Condition 3. That, prior to the commencement of the development hereby approved, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority a finalised scheme of landscaping and planting. The finalised scheme shall be based on the landscape plan hereby approved (drawing ref. COG493/DRA/006/b) and as per the Biodiversity Enhancement Plan produced in support of the application by EP Ecology Ltd dated 7th February 2024. The scheme shall include details of swift boxes, bat hibernacula, tree and plant species, planting densities, soil treatment, aftercare and a future management plan. All tree and plant species shall be selected to enhance biodiversity and support nature/wildlife, with future management measures designed to minimise the use of chemical pesticides and manufactured fertilisers. The scheme as may be approved shall be implemented prior the development becoming operational and retained/managed permanently thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Any trees or areas of planting which fail shall be replaced until successfully established. Reason To mitigate landscape and visual impacts and in the interests of amenity, biodiversity and habitat creation. Condition 4. That, for the avoidance of doubt, surface water arising from the development of the site, including during construction operations, shall be treated and managed using a SuDS system. Prior to the commencement of the development, hereby approved, confirmation 54
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shall be submitted in writing to North Ayrshire Council as Planning Authority and certified by a suitably qualified person that a scheme to treat the surface water arising from the development of the site (during construction and operational phases) has been prepared in accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report C753, published November 2015). Thereafter, the certified scheme shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of securing sustainable drainage for the development to safeguard the water environment. Condition 5. That the presence of any significant unsuspected contamination that becomes evident during the development of the site shall be brought to the attention of Environmental Health. Thereafter a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on the site, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure that any unsuspected contamination at the site is identified and appropriately addressed in the interests of health and safety. Condition 6. That, prior to the occupation of the development, or it being taken into beneficial use, a signed statement or declaration prepared by a suitably competent person confirming that the ground at the site is, or has been made, safe and stable for the approved development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. This document shall confirm the methods and findings of the intrusive site investigations and the completion of any remedial works and/or mitigation necessary to address the risks posed by past coal mining activity. Reason To ensure that ground stability risks are identified and appropriately addressed in the interests of health and safety. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318. 55
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Appendix 1 – Location Plan DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of His Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire Council Licence Number AC0000825715. 56
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Appendix 1 – Location Plan DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of His Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire Council Licence Number AC0000825715. 83
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