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2300061PPM - South Of Nethermains Community Centre, Nethermains Road, Kilwinning

North Ayrshire Council · 22 January 2025
Back to Planning Committee — 22 January 2025 and its agenda

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NORTH AYRSHIRE COUNCIL 
22nd January 2025                                                                                                                                                            
Planning Committee 
Locality  Kilwinning
Reference 23/00061/PPM
Application Registered 13th February 2023
Decision Due 13th June 2023
Ward Kilwinning 
Recommendation  Refused 
__________________________________________________________________ 
Location  Site to South of Nethermains Community Centre
Nethermains Road Kilwinning 
Applicant  CCG Homes 
Proposal  Erection of 115 dwellinghouses to include the
formation of associated site access, roads, footpaths,
landscaping, drainage and ancillary works
___________________________________________________________________ 
1. Description 
Planning permission is sought for the erection of 115 dwellinghouses to include the
formation of associated site access, roads, footpaths, landscaping, drainage, and ancillary
works at Site to South of Nethermains Community Centre, Nethermains Road, Kilwinning. 
The determination of this application was delayed from June 2023 to January 2025 due to
the ongoing consideration of flood risk issues on the site and further information sought by
Planning Services from the applicant. 
The proposed housing would consist of detached, semi-detached, and terraced houses with
a total of thirteen designs, known as 'house types.' Nine of the proposed house types would
have 2-storeys and the four remaining house types would have 2.5 storeys. Four of the
house types would feature integral garages. All house types would have gabled roofs and
would be finished with grey roof tiles. The external walls would consist of a combination of
off-white render and grey facing brick. Windows and gable/rear doors would be finished with
white UPVC with black UPVC to the front doors. Rainwater goods would be black, and
soffits and facias would be grey UPVC.

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The application site relates to vacant former industrial land of approx. 4.27ha to the south of
Nethermains Community Centre. The site is bounded by Nethermains Road to the west,
River Garnock to the east, and Almswall Park to the northeast. There is business/industrial
land to the south of the site and on the opposite side of Nethermains Road to the west.
Footpaths forming part of the National Cycle Network (NCN) Routes 7 and 73 run along the
eastern and south boundaries of the site, respectively. 
The proposed layout of the site would feature 2 no. vehicular accesses from Nethermains
Road to the west. Path connections would be provided from both Nethermains Road and
from the NCN routes to the east and south. A SuDS detention basin for the treatment and
storage of surface water would be located to the eastern edge of the site adjacent to the
NCN Route 7. The houses along the western edge of the site would primarily front onto
Nethermains Road, with some facing "gable end" onto the main road. The houses along the
southern road frontage would have vehicular access directly from Nethermains Road, while
the houses along the northern frontage would be accessible via an internal road within the
site. Most of the proposed housing would include in-curtilage parking, except for a terraced
row of houses at the southeast corner of the site (Block 63 on plan) which would be served
by a dedicated parking court. There would be an additional 28 no. visitor parking spaces
provided throughout the site. An area of public open space would be provided around and
adjacent to the proposed SuDS basin and a scheme of landscaping and planting is
proposed throughout the site. 
There is dense vegetation along the existing site boundaries. The vegetation along the
western boundary would be removed to facilitate the site frontage onto Nethermains Road.
There is also dense vegetation within the site, primarily to the north part of the site, which
would also be cleared to facilitate the development. 
Boundary treatments for the housing would consist of a 1.8m high timber fence to the rear
gardens and between the individual plots. The front garden areas would be left open. 
There is a disused railway embankment located to the east between the site and the River
Garnock. This embankment does not form part of a formal flood prevention scheme and is
outwith the control of the applicant and owned by Council. 
In terms of the current Adopted Local Development Plan (LDP), the application site is
allocated as an effective housing site (ref. NA1099) in Schedule 2b (Schedule of Indicative
Capacity of Housing Sites anticipated to be active between 2019-2024). It is also located
within the General Urban Area within the settlement boundary of Kilwinning. Part of the site
falls within the defined Development High Risk Area by The Coal Authority. Part of the site is
also shown to be at risk of flooding based on the SEPA Future Flood Maps. The relevant
policies of the LDP to the proposed development are listed below: 
- The Towns and Villages Objective of Strategic Policy 1: Spatial Strategy
- Strategic Policy 2 (Placemaking)
- Policy 1: New Houses and Maintaining an Effective Housing Land Supply
- Policy 16: Protection of our Designated Sites
- Policy 18: Forestry, Woodland, Trees and Hedgerows
- Policy 22: Water Environment Quality
- Policy 23: Flood Risk Management

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National Planning Framework 4 is also relevant to the consideration of the application since
this is part of the development plan. 
Also relevant to the application is the National Flood Resilience Strategy published
December 2024 that sets out the Scottish Government's strategy to reach a flood resilient
Scotland through to 2045 and beyond. 
The applicant has been in discussions with Planning Services about the residential
development of the site since 2018 (ref. 18/00078/PREAPP). A Proposal of Application
Notice (PoAN) was received by Planning Services on 14th February 2018. However, no
subsequent application was submitted. A PoAN for the current application was received by
Planning Services on 31st May 2022 (ref. 22/00418/PREAPM). 
The following supporting information was submitted with the application: 
- Air Quality Air Assessment
- Design and Access Statement
- Drainage Report
- Flood Risk Assessment
- Mining Report
- Network Heating Assessment
- Non-residential Mining Report
- Pre-application Consultation Report
- Preliminary Ecological Report (Habitat Survey)
- Site Investigations Report
- Transport Statement 
2. Consultations and Representations 
Neighbour notification was conducted for this application in accordance with statutory
procedures. The application was advertised in a local newspaper, the Irvine Herald. A total
of one objection comment was received in response to the application. The points raised are
summarised below: 
1. Concerns raised about the loss of biodiversity within the site. 
Response: See consultation comments from NAC Biodiversity Officer below. The applicant
was asked to resubmit a Habitat Survey considering the comments received by the
Biodiversity Officer. In response, the applicant proposed to retain some of the trees along
the site boundaries. 
2. The proposed development does not align with the NPF4 policies relating to
biodiversity. 
Response: The relevant NPF4 policies are considered in the Analysis section below. 
3. The submitted 'Existing Tree Removal Layout' drawing incorrectly refers to a large
area of semi-mature woodland within the site as "scrub" which would be removed. 
Response: See consultation comments from NAC Biodiversity Officer below. The applicant
was asked to resubmit a Habitat Survey considering the comments received by the

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Biodiversity Officer. In response, the applicant proposed to retain some of the trees along
the site boundaries. No further Habitat Survey was received. 
Consultations: 
SEPA - SEPA has issued 4 no. responses during the processing of the application as
further information relating to flood risk has been provided by the applicant. A holding
objection was first issued on 9th March 2023. At that time SEPA requested that a revised
FRA be submitted including assessment of the flood risk areas for the 0.5% AEP +CC flood
event (as per NPF4), with the disused railway embankments removed, and coastal flood
risk considered. A revised FRA was submitted in October 2023. SEPA issued a further
response on 29th November 2023. The holding objection was maintained, and it was
requested that updated layout plans be submitted which show avoidance of the flood risk
area. Further supporting information was submitted by the applicant in February 2024 and
May 2024. SEPA maintained the holding objection in further responses in March 2024 and
May 2024. To enable SEPA to remove the objection they require further information to be
submitted and the submission of an amended site layout that avoids the flood risk area as
determined by the October 2023 FRA. 
SEPA's views on the proposed development are as summarised: 
- The disused railway embankments between the site and the River Garnock do not
form part of a formal flood prevention scheme, do not have a verified design
standard, and are not maintained on an ongoing basis. These should be removed
from the flood modelling for the site.
- The FRA should include assessment of the flood risk areas for the 0.5% AEP +CC
flood event (as per NPF4).
- None of the exception categories set out in NPF4 Policy 22 part a) are applicable in
this case. All development must therefore avoid the flood risk area.
- A reduced housing layout avoiding the flood risk area could be accommodated within
the southern section of the site. 
Response: the application is considered in accordance with the relevant NPF4 policies in
the analysis section below. It is not considered that the exemption under Policy 22 a) (iv)
applies in this case. In line with SEPA's comments, the applicant was given the opportunity
to submit a revised site layout to address the flood risk concerns. A slightly revised layout
and alternative flood prevention scheme was discussed (see below in Analysis). However,
no further layout has been formally submitted to date. 
NAC Flooding - NAC Flooding agrees with SEPA's views and objects to the proposed
development because it may increase the number of people and property at flood risk. NAC
Flooding may be able to remove this objection should the proposed layout of the site be
amended to avoid positioning dwellings and associated infrastructure in the flood risk area. 
Response: As noted above, the applicant was given the opportunity to consider and submit
an amended layout. A slightly revised layout and alternative flood prevention scheme was
informally discussed (see below in Analysis). However, no further layout has been formally
submitted to date. 
Scottish Water - no objection to this planning application. However, the applicant should be
aware that this does not confirm that the proposed development can currently be serviced.

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Further comments received about water capacity, wastewater capacity, and surface water.
Scottish Water records indicate that there is live infrastructure in the proximity of your
development area that may impact on existing Scottish Water assets. The applicant must
identify any potential conflicts with Scottish Water assets and contact the Scottish Water
Asset Impact Team for an appraisal of the proposals. 
Response: noted. An informative instructing the applicant to contact Scottish Water Asset
Impact Team could be added to any consent granted. 
NAC Active Travel and Transport (Roads) - the applicant needs to provide further
information before an adequate assessment can be carried out. Amended drawings
required incorporating the further details relating to road dimensions, driveway dimensions,
tracking drawing. Additional visitor parking required. Information regarding access to SuDS
basin and continuous service strips required. 
Response: noted. The consultation response was passed to the applicant. However, no
further information or drawings were received during the processing of the application. 
The Coal Authority - the content and conclusions of the site investigations report (First
Edition, October 2022) are sufficient for the purposes of the planning system in
demonstrating (based on the professional opinion of Mason Evans Partnership Limited) that
the application site is safe and stable for the proposed development. No objection to the
proposed development. A recommended informative note to any consent granted is
recommended. 
Response: noted. An informative note could be added to any consent granted. 
NAC Educational Services - the site sits within the catchment area of the following
schools: 
- Blacklands Primary
- St Winning's Primary
- Kilwinning Academy
- St Matthew's Academy 
Having reviewed the roll projections and the total number of homes within the catchment for
each school, there are no current educational accommodation issues identified as arising
from this proposal. 
Response: noted. 
NAC Biodiversity Officer - Concerns about the accuracy of the existing tree removal plan
and the subsequent quality of the proposed biodiversity actions to be taken by the
developer. 
The issue with the tree removal plan is the developer's definition of scrub. The tree removal
plan states that the site, and the off-site block of trees to be felled are scrub with a few
mature trees circled in red. The accepted definition of scrub, as defined by the National
Vegetation Classification (NVC), is "climax vegetation dominated by locally native shrubs,
usually less than 5m tall". The provided description of the site did not seem correct. On
inspection of the site, it was observed that:

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o Most of the vegetation marked in red as scrub on the tree removal plan, is in fact
semi-natural young alder (alnus glutinosa) woodland predominantly greater than 5m
in height.
o The offsite area marked in blue as scrub on the tree removal plan is in fact mature
woodland. 
In biodiversity terms the current plan represents an overall net loss of approx. 38,000m2 of
existing habitat, including the loss of 12,900m2 of woodland. In terms of net biodiversity loss
this represents a 100% loss of existing habitat, and the creation of a new, mainly different,
habitat that represents only 13% of the original habitat area. 
Conclusions 
o It is not considered that the developer's identification of scrub on site is correct. In this
case acceptance of this designation would mask the loss of approx. 12,900m2 of
woodland.
o The net loss of approx. 12,900m2 of woodland is not in keeping with NACs
biodiversity and climate change aspirations. 
o The biodiversity creation scheme proposed by the developer is inadequate and
inappropriate in the context of the biodiversity loss on site. 
o The developer should carry out an appropriate biodiversity survey of the site and
submit a proposal based on the findings to deliver a development and mitigation plan
that considers the existing biodiversity of the site and minimises biodiversity loss. 
Response: The applicant was asked to resubmit a Habitat Survey considering the
comments received by the Biodiversity Officer. In response, the applicant proposed to retain
some of the trees along the site boundaries. No further Habitat Survey was received. 
NAC Environmental Health - In terms of the contaminated land issues for the site, there
are significant concerns about the information that has been submitted by the applicant. The
submitted reports do not provide sufficient information as to whether the site would be
suitable for use in the context of the water environment and human health following
redevelopment. 
Response: noted. The applicant has been made aware of Environmental Health's concerns
about the contaminated land issues on the site. Additional information has been provided by
the applicant over the course of the application. However, a satisfactory resolution to the
contaminated land issues has not been achieved. Environmental Health have concerns
about the information that has been submitted by the applicant. The submitted reports do
not provide sufficient information as to whether the site would be suitable for use in the
context of the water environment and human health following redevelopment. No further
information has been submitted to Planning with regards to addressing these concerns. 
3. Analysis 
When making any determination under the Planning Acts, it is the statutory duty of the
planning authority to make the determination in accordance with the development plan,
unless material considerations indicate otherwise. Together, the Council's Adopted Local
Development Plan (LDP) and National Planning Framework 4 (NPF4) form the
development plan. The relevant policies are considered below.

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NPF4 Policy 1 (Tackling the climate and nature crises) and NPF4 Policy 2 (Climate
mitigation and adaptation) 
Key to the assessment of this application are Policy 1 and Policy 2 of NPF4. Policy 1 states
that when considering all development proposals significant weight will be given to the
global climate and nature crises. The following requirements are set out for Policy 2: 
a) Development proposals will be sited and deigned to minimise lifecycle greenhouse
gas emissions as far as possible.
b) Development proposals will be sited and designed to adapt to current and future risks
from climate change.
c) Development proposals to retrofit measures to existing developments that reduce
emissions or support adaptation to climate change will be supported. 
As noted earlier, part of the site is shown to be at risk of flooding based on the SEPA Future
Flood Maps. The Scottish Government's National Flood Resilience Strategy (published
December 2024) states that there are currently 284,000 properties across Scotland
exposed to flooding, and by 2080 this number is expected to increase by 110,000 through
climate change. Therefore, both the current and future risks from flooding require to be
considered for the proposed residential development. An assessment of the relevant
flooding policies is provided below. The site has a former industrial use. However, much of
the site, particularly the northern section, has been naturalised with dense woodland
vegetation. This is evident both within and along the edges of the site. The contribution of
this naturalisation therefore requires to be considered as part of the biodiversity of the site.
These issues are considered in terms of the relevant biodiversity policies below. 
LDP Strategic Policy 1: Spatial Strategy (Towns and Villages Objective) 
The Towns and Villages Objective of Strategic Policy 1 (Spatial Strategy) states that within
the General Urban Area, proposals for residential development will accord with the
development plan in principle, and applications will be assessed against the policies of the
LDP. Furthermore, the Council will support, in principle, development proposals within North
Ayrshire's towns and villages that provide the right new homes in the right places. In this
case, the application site is located within the General Urban Area of Kilwinning, and it is an
allocated housing site. 
LDP Policy 1: New Homes and Maintaining an Effective Housing Land Supply and
NPF4 Policy 16: Quality Homes 
Policy 1 (New Homes and Maintaining an Effective Housing Land Supply) states that, in
principle, the Council will support and promote residential development of the 51 effective
housing supply sites shown in Schedules 2a and 2b of the LDP. The site at Nethermains
Industrial Estate is identified as one of the housing sites in Schedule 2b (ref. NA1099).
However, Policy 1 also states that the Council will only support new housing proposals
where they would help achieve its vision by aligning with the principles of the spatial strategy
and being compliant with other aspects of the plan particularly by way of impact on
committed infrastructure and the environment. As noted earlier, the site is at risk of flooding
(as identified by SEPA's flood risk maps). The flood risk issues for the site will be considered
in further detail below. The biodiversity of the site also requires to be considered.

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NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high quality,
affordable and sustainable homes, in the right locations. Policy 16 states that development
proposals for new homes on land allocated for housing in LDPs will be supported.
Development proposals that include 50 or more homes should be accompanied by a
Statement of Community Benefit. Development proposals for new homes that improve
affordability and choice by being adaptable to changing and diverse needs, and which
address identified gaps in provision, will be supported. No specific Statement of Community
Benefit was submitted in this case. However, a Design and Access Statement, as required
by statute, was submitted outlining the design principles and policy implications of the
proposed development. The detail of the proposed development and the points raised in the
Design and Access Statement will be considered in the consideration of Strategic Policy 2
(Placemaking) below. 
LDP Strategic Policy 2: Placemaking and NPF4 Policy 14: Design, quality and place 
The stated purpose of Strategic Policy 2 on Placemaking is to ensure "all development
contributes to making quality places." The policy also seeks to "safeguard, and where
possible enhances environmental quality through the avoidance of adverse environmental
or amenity impacts." 
The proposed development would provide a variety of house types (13 in total) including
detached, semi-detached, and terraced houses. All the houses would have either 2 or 2.5
storeys with gabled roof designs and consistent material finishes throughout the
development. There are a range of building types in the surrounding area, including the
category C listed Nethermains Community Centre building to the north of the site, the
sheltered accommodation buildings at Robert W Service Court to the north-west, and the
industrial buildings to the west of the site on Longford Avenue. Beyond, there are residential
houses to the north of the site on Nethermains Road and to the west on Stobbs Terrace,
Pollock Crescent, and Blacklands Cresent. There are a range of house types and designs in
the surrounding area. The proposed development draws upon a variety of the existing
building designs and features with the proposed houses having gabled roof designs and
neutral material finishes. 
The development would primarily consist of two road loops with most of the proposed
housing facing onto the internal road layout, which would provide an attractive enclosed
streetscape for residents and visitors with path connections, landscaping, and public open
spaces provided throughout the development. Some of the houses along the western
boundary of the site would front onto the B778, which would assist in creating a more
attractive and welcoming streetscape on the approach to the site. It would also assist in
improving the approach to Kilwinning from the A78 trunk road, located to the south of the
town. 
The proposed layout and boundary treatments would provide each house with a rear garden
area and enclosures to ensure that there would be no adverse privacy or overlooking
between residents. Each house would either be provided with in-curtilage parking or a
dedicated parking courtyard. There would be an additional 28 no. visitor parking spaces
provided throughout the development. 
The submitted Design and Access Statement outlines the resource efficiency and
sustainability elements of the proposed development. A variety of measures would be
incorporated into the development to improve energy efficiency and to promote longer term

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sustainability, with a 60-year design lifespan. These measures include the use of
high-performance building elements and renewable technologies along with the use of
sustainable building products, including local sourcing where possible to enhance the
ecological profile of the development. 
While the resource efficiency and sustainability measures as noted above are
acknowledged, it is also noted that part of the applicant's strategy to address the flooding
and contaminated land issues of the site is to raise the level of the site by approx. 2m.
However, this would result in the loss of woodland and the established biodiversity of the
site. It would also require a significant amount of material to be transported to the site, the
source of which is not currently known. Therefore, any environmental benefit derived from
sustainable building methods and materials or low carbon energy systems would be
undermined by the loss of biodiversity and environmental impacts of land raising. 
It is considered that the site would be well connected for a variety of transport modes. There
would be path connections formed throughout the site with access from Nethermains Road
to the east and to the NCN Route 7 to the east and NCN Route 73 to the south. The site
would also be within walking distance of public transport connections with the nearest bus
stop at Pollock Crescent to the west. Kilwinning Railway Station would be an approx.
20-minute walk or 8-minute cycle from the site. The site would also be connected for private
vehicular travel via Nethermains Road to the west. 
Therefore, given the above, it is considered that the proposed development would partially
meet the relevant requirements of Strategic Policy 2 (Placemaking). However, given the
proposed strategy to raise the level of the site by approx. 2 metres, it is not considered that
the proposed development would be "resource efficient." Further consideration is given to
the flood risk and biodiversity issues of the site and the proposed development below. 
LDP Policies 16 (Protection of our Designated Site) and 18 (Forestry, Woodland,
Trees and Hedgerows) and NPF4 Policies 3 (Biodiversity), 4 (Natural places), 6
(Forestry, woodland and trees), and 9 (Brownfield, vacant and derelict land and
empty buildings) 
In terms of Policies 16 and 18 of the LDP, the site is not subject to any environmental
designations of local or national importance. However, the relevant NPF4 policies (noted
above) place a greater importance on the conservation, restoration, and enhancement of
biodiversity and natural features. Policy 3 (Biodiversity) states that development proposals
will contribute to the enhancement of biodiversity and should integrate nature-based
solutions where possible. Development proposals for major development will only be
supported where it can be demonstrated that the proposal will conserve, restore and
enhance biodiversity, including nature networks so they are in demonstrably better state
than without intervention. 
In this case, it is noted that the site represents brownfield land that has been previously
occupied by industrial uses but is now vacant. NPF4 Policy 9 (Brownfield, vacant and
derelict land and empty buildings) recognises the contribution of brownfield land to nature
recovery and the opportunities of brownfield land for use as productive greenspace where
appropriate. It goes on to state that development proposals that will result in the sustainable
reuse of brownfield land including vacant and derelict land and buildings, whether
permanent or temporary will be supported. In determining whether the reuse is sustainable,
the biodiversity value of brownfield land which has naturalised should be taken into account.

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A Preliminary Ecological Appraisal (PEA) prepared by Wild Surveys Ltd dated 3rd October
2022 was submitted alongside the application. 
As noted earlier, the Council's Biodiversity Officer has expressed concerns about the
accuracy of the existing tree removal plan and the subsequent quality of the proposed
biodiversity action to be taken by the developer. It is not considered that the developer's
identification of scrub on site is correct. In this case acceptance of this designation would
mask the loss of approx. 12,900m2 of woodland. The net loss of approx. 12,900m2 of
woodland is not in keeping with the Council's biodiversity and climate change aspirations.
The biodiversity creation scheme proposed by the developer is inadequate and
inappropriate in the context of the biodiversity loss on site. The Biodiversity Officer
recommended that the applicant should therefore carry out an appropriate biodiversity
survey of the site and submit a proposal based on the findings to deliver a development and
mitigation plan that considers the existing biodiversity of the site and minimises biodiversity
loss. 
Considering the above, the applicant/agent was duly asked to undertake a further
biodiversity survey of the site and for greater consideration to be given to the retention of
existing habitat and creation of new habitat. In response, discussions about greater
retention of trees along the western boundary of the site took place between the case officer
and the agent. However, no amended tree removal plan was formally submitted, and no
further biodiversity survey has been submitted. Therefore, the points as noted above have
not been satisfactory addressed. 
As noted earlier, part of the applicant's strategy to address the flooding and contaminated
land issues of the site is to raise the level of the site by approx. 2m. This would effectively
remove most of the existing biodiversity of the site and is considered contrary to the
biodiversity policies of NPF4. 
LDP Policies 22 (Water Environment Quality) and 23 (Flood Risk Management) and
NPF4 Policy 22 (Flood risk and water management) 
Policy 22 of the LDP states that development will be required to ensure no unacceptable
adverse impact on the water environment. Related to this issue is Policy 23, which deals
with flood risk management. It states that generally development should avoid locations of
flood risk and should not lead to significant increase in flood risk elsewhere. 
The policy intent of NPF4 Policy 22 (Flood risk and water management), is to strengthen
resilience to flood risk by promoting avoidance as a first principle and reducing the
vulnerability of existing and future development to flooding. 
Policy 22 lists exemptions where proposed development would be supported in a flood risk
area. The most relevant exemption in this case is as follows: 
a) Development proposals at risk of flooding or in a flood risk area will only be supported
if they are for: iv. Redevelopment of previously used sites in built up areas where the LDP
has identified a need to bring these into positive use and where proposals demonstrate that
long-term safety and resilience can be secured in accordance with relevant SEPA advice.

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It is recognised that the site has been previously used. The site is also located with the
General Urban Area within the settlement boundary of Kilwinning as identified in the LDP
and is allocated for housing in Schedule 2b of the LDP. However, it is not considered that
the allocation of the site within the LDP equates to the LDP identifying a "need" to bring the
site into "positive use" as per NPF4 Policy 22 a) without addressing site constraints. The
LDP predates NPF4 and the context for identifying a "need" to redevelop previously used
sites in built up areas to being into "positive use" did not exist at the time of the LDP being
prepared and adopted. No similar exemption existing within the Scottish Planning Policy
(SPP) which predated NPF4. 
There have been several major residential developments that have been approved and
implemented in recent years in Kilwinning. Planning permission was granted for 76
dwellinghouses at the former West Byrehill Industrial Estate in 2020 (ref. 20/00106/PPM),
with the development completed during 2023. In addition, a development of 198
dwellinghouses was granted planning permission in 2019 at Wood Farm to the north of
Kilwinning (ref. 19/00443/PPM) and is now nearing completion. 426 further dwellinghouses
were granted permission at the former West Byrehill Industrial Estate in 2022 (ref.
22/00137/MSCM), the first phase of which is now underway. Most recently, planning
permission was granted in November 2023 for 85 dwellinghouses at Mossculloch Farm to
the north-east of Kilwinning (ref. 23/00420/PPM). 
As such, it is not considered that there is necessarily an essential "need" for new housing in
Kilwinning and specifically at this site due to flood risk concerns. The "positive use" referred
to in NPF4 Policy 22 a) is not limited to housing development and a less vulnerable use
could potentially be more suited to the site given the identified flood risk and policy
requirement to "conserve, restore and enhance" biodiversity. 
A Flood Risk Assessment (FRA) prepared by Kaya Consulting dated January 2023 was
submitted alongside the application. SEPA was consulted on the application and initially
issued a holding objection to the application requiring that the FRA be amended to remove
the effects of the former railway embankment along the east edge of the site and to include
the most up to date climate change allowance. 
A revised FRA prepared by Kaya Consulting dated October 2023 was submitted in
response to SEPA's initial comments. In response, SEPA maintained the holding objection.
NAC Flooding also agreed with SEPA's views and objected to the proposed development
because it may increase the number of people and property at flood risk. 
Further flooding information was submitted by the applicant in February 2024. In response,
SEPA maintained their holding objection. The applicant claims that the former railway
embankment to the east of the site is a substantial feature and would be expected to prevent
flood water entering the site. It is also claimed that the ground levels in the proposed
development would be raised about the 200-year+ climate change flood level, so that
post-development the former railway embankment would not provide any protection to the
site (i.e., the site itself would be above flood level and not at risk). Finally, it is claimed that
flood modelling has shown that raising the site does not impact on flood risk elsewhere. 
However, SEPA has been consistent in its approach that the flood modelling needs to be
run without the former railway embankment in place because it provides informal flood
protection that cannot be secured in the future, and it is unclear how well the embankments
would perform at the present time. Furthermore, while raising ground levels above the 1 in

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200 + CC flood level could, in principle, be an acceptable way of managing flood risk,
compensatory flood storage would also need to be provided and all other residual flood risk
would need to be understood and addressed. 
In SEPA's most recent response dated May 2024, they maintain a holding objection to the
application. To enable SEPA to remove the objection they require further information to be
submitted and the submission of an amended site layout that avoids the flood risk area as
determined by the October 2023 FRA. The applicant was asked to consider a reduced
layout avoiding the areas of flood risk as per SEPA's response. A slightly revised layout and
alternative flood prevention scheme was discussed (see below). However, no further layout
has been formally submitted to date. As such, for reasons of flood risk, it is not considered
that the application can be supported. 
As noted above, the policy intent of NPF4 Policy 22 is "To strengthen resilience to flood risk
by promoting avoidance as a first principle and reducing the vulnerability of existing and
future development to flooding." Similarly, it is acknowledged in the Scottish Government's
National Flood Resilience Strategy (published December 2024) that "we must consider how
else we can make our places more flood resilient, and accept that we may not be able to do
the same things in the same places indefinitely. Reducing the impacts of flooding in future
will be as much about the design of our places as it is about the design of our flood actions." 
In this case, it is not considered that the "first principle" of promoting avoidance of areas of
flood risk has been adopted by the applicant. As such, the proposed development could
increase the vulnerability of people and property at flood risk both within the site and
elsewhere. 
The applicant provided a slightly revised layout for the consideration of Planning Services
and the Council's Flooding Team in October 2024. The revised layout showed a reduction in
the number of proposed houses from 115 to 113 and featured an alternative flood
prevention scheme. This layout would seek to alter the predicted 1 in 200 year + climate
change flood extents within the site via a scheme of land raising and compensatory flood
storage. This scheme would seek to partly displace the flood risk development constraints
from the centre to the margins of the site. However, the concerns of NAC Flooding
remained, and it was not considered that this revised layout could be supported. For the
avoidance of doubt, the application remains at 115 houses. 
Therefore, given the above observations, in recognition of the ongoing holding objection
from SEPA and taking account the objection from NAC Flooding, it is considered that the
proposed development does not accord with the relevant flooding policies of the
development plan and cannot be supported due to the flood risk on the site. 
In summary, the application has now been under consideration by Planning Services for 23
months since it was validated in February 2023. Over the course of the application process,
there have been repeated requests for additional information, relating to amended layout,
biodiversity, and flooding. While some additional information has been provided, issues in
respect of flooding, biodiversity, contaminated land, and transport have not been
satisfactorily resolved either by submission of further information or submission of revised
layout. A slightly revised layout was discussed but this did not address the flooding
concerns. Planning Services is happy to consider a revised development layout avoiding
the areas of flood risk in the future.

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In conclusion, it is not in the long term public interest to enable the development of land in
such a manner as to increase the risk of flooding. In this case, the proposed development
site is at risk of flooding, as identified by SEPA's flood mapping. Following investigation by
the applicant's agent, extensive discussions with SEPA and the Council's flooding officer, it
is understood that the degree of risk that has been identified cannot be mitigated without
increasing the risk of flooding elsewhere, potentially including the existing housing estate at
Dirrans, to the east of the River Garnock. National planning policy is based on the principle
of avoidance of vulnerable categories of development in areas of identified flood risk, such
as functional flood plains. In conclusion, the merits of the development, in terms of housing
delivery, would not outweigh nor address the degree of flood risk that exists in this instance.
As such, planning permission should be refused. 
4. Full Recommendation 
Refused 
Reason for Refusal 
Reason
1. The proposed development would be contrary to the aims of NPF4 in terms of Policy
2 (Climate mitigation and adaption) and Policy 22 (Flood risk and water
management). It would also be contrary to LDP Policy 23 (Flood Risk Management).
The proposed development has not been adequately sited and designed to adapt to
current and future flood risk. It does not avoid the area of identified flood risk and may
increase the number of people and property at risk of flooding. 
Reason
2. The proposed development would be contrary to the aims of NPF4 in terms of Policy
3 (Biodiversity), Policy 4 (Natural places), Policy 6 (Forestry, woodland and trees),
and 9 (Brownfield, vacant and derelict land and empty buildings). It would also be
contrary to LDP Policies 16 (Protection of our Designated Site) and 18 (Forestry,
Woodland, Trees and Hedgerows). The biodiversity of the site has not been
adequately considered and the proposed development would result in an
unacceptable loss of existing habitat. 
Allan Finlayson 
Chief Planning Officer           
For further information please contact Mr Joe Thompson Planning Officer on 01294 324313.

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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.