2400505PP - McDonalds Restaurants Ltd, 4 Hawkhill Retail Park, Stevenston
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 Three Towns Reference 24/00505/PP Application Registered 27th June 2024 Decision Due 27th August 2024 Ward Saltcoats And Stevenston Recommendation Approved subject to Conditions __________________________________________________________________ Location McDonalds Restaurants Ltd 4 Hawkhill Retail Park Kilwinning Road Stevenston North Ayrshire KA20 3DE Applicant WES No.1 Ltd C/o Waypoint Asset Management Ltd Proposal Change of use of Unit 4 from a restaurant and drive- thru (Class 3/Sui Generis) to shops, financial professional and other services (Class 1A) and erection of drive-thru restaurant (Class 3/Sui Generis) with associated access, servicing car parking and other associated works ___________________________________________________________________ 1. Description This can be ascertained by reference to the attached plans and photographs. Permission is sought for the change of use of an existing drive-thru restaurant to a shop (Use Class 1A) and erection of a new drive-thru building within the Hawkhill Retail Park. Unit 4 is the easternmost unit within the Hawkhill Retail Park. Planning permission was granted in 2002 (ref: 02/00578/PP) for a change of use of this unit from retail to drive-thru restaurant. The unit is currently occupied by McDonald's. It is some 358sqm in area and utilises the easternmost end of the Retail Park car park as its drive-thru lane. The rest of the Retail Park comprises a B&Q (Unit 1) and a B&M (Units 2 and 3) and a supermarket to the south. The applicant has indicated that should Unit 4 return to retail use, it would likely be used by B&M to expand their existing operation. Following
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discussions with Officers, in order to discontinue the existing drive-thru, details of proposed shopfront modifications to remove the service hatches has been provided, as has details of removal of signage and other existing drive-thru infrastructure. The applicant has advised that the existing drive-thru lane also provides service access to an existing electricity sub-station. It is proposed to provide bollards to allow service access only. It is proposed to build the new drive-thru in the south-western corner of the Retail Park car park. The building would be two-storeys with a ground floor footprint of some 260sqm. The ground floor would comprise dining area, toilets and kitchen. The first floor would have a larger kitchen, stores and staff facilities. There would be an enclosed storage area some 60sqm in area at the eastern end and an outdoor seating area some 38sqm in area at the western end. The building would have a flat roof and be some 7.8m in height. The plant for the kitchen and stores would be located on the roof surrounded by a screen some 0.8m in height. The elevations would be finished in a mixture of dark grey horizontal cladding and timber effect vertical cladding with white canopies above the first-floor windows. The northern elevation would have the main entrance door and full height windows at ground floor, the western elevation would have doors on ground floor with windows for the staff room and office above, the southern elevation would have service hatches and windows for the kitchens, and the eastern elevation would have a door giving access to the storage area, which would be enclosed by a grey panel fence some 3m in height. 17 car parking spaces, including 2 accessible bays would be formed to the east of the building. There would also be cycle parking provision. The drive-thru lane would be to the south, with access taken from the east, and vehicles exiting on the western side of the building. Two waiting bays would be provided. The area to the south of the lane would be landscaped. Following discussions with Officers, the proposal also includes active travel links. It is proposed to create a zebra crossing on the Retail Park service road, new zebra crossings in front of Unit 4, an active travel link would be provided to the western boundary of the site and a pedestrian link to the south, namely a set of steps, would be created. In support of the application, the applicant has also submitted documents including a Planning Statement, Transportation Assessment, Air Quality Assessment, Noise Impact Assessment, Odour Report and the opinion of a King's Counsel in respect of Policy 27(d) of NPF4. The Planning Statement advises that Unit 4 is likely to be taken on by B&M as an expansion of their existing operation. It also sets out the sequential test undertaken in respect of Unit 4. Hawkhill Retail Park is identified as a Commercial Centre in the Council's adopted Local Development Plan (LDP). This includes the Morrison's supermarket to the south, which sits at a lower level to the site. The LDP states that continuation of the site as retail bulky goods comparison will be safeguarded. However, only Unit 1 (B&Q) is restricted to DIY, furniture, electrical and gardening goods. Unit 1 was built under permission dated September 1995 (ref: 95/00698/PP). Units 2 and 3 were built under permission dated June 1996 (ref: 96/00785/PP). This permission was amended several times in subsequent years culminating in permission dated December 2012 (ref: 12/00550/PP) which allows a combination of food/drink/confectionary, clothing and footwear, toiletries, pet products and
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toys as well as DIY, furniture, electrical and gardening goods. As stated, Unit 4 has permission to be a drive-thru restaurant. To the immediate east is Open Space with an informal path running from the Pennyburn Roundabout to the north. To the north and west of the Retail Park are houses within Stevenston. The application requires to be assessed against Strategic Policy 1: Towns and Villages Objective, Strategic Policy 2: Placemaking, Policy 3 Town Centres and Retail, and Policy 27: Sustainable Transport and Active Travel of the LDP. The application also requires to be assessed against Policy 13, Policy 14, Policy 27 and Policy 28 of the against the adopted National Planning Framework 4 (NPF4). The Stevenston Local Place Plan was prepared by Stevenston Community Council and registered with North Ayrshire Council in August 2024. It is a material consideration for this application. Relevant Planning History 95/00698/PP 96/00785/PP 02/00578/PP 12/00550/PP Relevant Development Plan Policies The LDP can be viewed at the link below. LDP November 2019 NPF4 can be viewed at the link below National Planning Framework 4 2. Consultations and Representations The application was subject to statutory notification and advertised in the local press. There has been 1 objection and 1 neutral comment. 19 letters of support were also received. The neutral comment can be summarised as follows: 1. The vegetation to the east of the existing drive-thru is infested with rats. The rubbish bins for the existing drive-thru are also inadequate and attract gulls. Response: Concerns about vermin should be reported to NAC Environmental Health who can investigate under their powers. They were consulted on the new proposal and the response is set out below. The objection was made on behalf of B&Q and can be summarised as follows:
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1. The application is considered to be contrary to policy relating to retail. The change of use of the existing drive-thru to a retail unit is considered to be contrary to policies of the development plan which require a sequential test to be undertaken for new retail proposals. The methodology submitted fails to address those policy requirements. Response: It is considered that the primary policy relating to retail in the development plan is Policy 28 of NPF4. This states that the town centre first principle means that new retail development will be supported in commercial centres if they are allocated as sites suitable for retail in the LDP. The site is a commercial centre as identified in the LDP and the specifics are considered further below. 2. Policy 27 of NPF4 specifically states that drive-thru developments will only be supported where they are specifically supported in the LDP. Drive-thru in this location is not specifically supported in the LDP. This is not a relocation of the existing use but the replacement with a new drive-thru that will likely have an increase in trade. Response: An assessment of the proposal against Policy 27 of NPF4 and all other relevant policies of the development plan is set out below. 3. The new drive-thru would only provide 17 parking spaces when 25 are required. This will also mean a net loss of 76 spaces for the Retail Park. It is considered that the Council's guidance requires 98 parking spaces. This would have a knock-on impact on the viability of the Retail Park given the loss of spaces. During construction there would be a reduction of 85 spaces. Response: North Ayrshire Active Travel and Transportation (Roads) was consulted, and their comments are set out below. They confirm that the Council's guidance is just that. They also confirm they are seeking to adopt the National Roads Development Guidelines. Those Guidelines determine there would be an overprovision of approx. 100 spaces within the whole Retail Park. 4. It is not clear if the required visibility splays for the access into the Retail Park can be met. A swept path analysis should be provided to demonstrate the vehicle movements achievable in the drive-thru lane. A delivery and waste management plan should be required which demonstrates the parking area would be kept free for service vehicles. Response: NAC Active Travel and Transportation and Transport Scotland have both been consulted and neither has any concerns regarding the access within the retail park or the impact on the wider road networks. The submitted Transport Assessment has a swept path analysis which shows a 7.5t van can turn and use the drive-thru lane. Delivery and waste management would be matter for the operator of the development. However, details showing that it can be done from a 26t fixed cab lorry from within the site has been provided. 5. It is not considered there would be safe movement for pedestrians and cyclists between the new unit and the wider Retail Park. Response: NAC Active Travel and Transportation has been consulted and their comments are below. They have no concerns regarding movement within the retail park. Active travel links are proposed for the wider area and are considered below.
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6. Potential noise and odour nuisance from the proposed trading for 24 hours a day. The current drive-thru operates from 5am to 1am daily. Odour should also not impact on B&Q as well as adjacent residences. Response: A Late Hours Catering License would be required to operate after 11pm, and this would be a matter for the Licensing Authority. It is noted the current drive-thru has such a license. NAC Environmental Health has powers to act against statutory nuisance. 7. Litter could increase in the area. It is considered that a litter management plan is required if planning permission is granted. Response: The proposal includes a storage yard which would include bin storage. The applicant has also provided a Transport Assessment which includes details of access for servicing including waste removal. Notwithstanding, should litter be dropped by the customers the Council has a range of powers. Again, it is noted the applicant has control over this part of the Retail Park and car park and would be responsible for any amenity impacts from litter in the area. 8. If permission is granted a Construction Management Plan should be required to demonstrate that sufficient customer car parking will be retained with safe access/circulation protected. Response: As stated above, the entire Retail Park is in the ownership of the applicant. Safe access/circulation would be a matter for the applicant in terms of the safety of any users of the site. Notwithstanding, a Dust Management Plan is required by NAC Environmental Health (see below) and a wider Construction Management Plan with details of who is responsible during construction could be required as part of any permission. Any issues with the day-to-day operation of the retail park would be a matter for the applicant. The letters of support were received in bulk and are of similar format. The support comments are on the grounds of improvement to the retail park and upgrading of the drive-thru facilities. Response: Noted. The following consultations were carried out: Scottish Water - Currently sufficient capacity for in terms of water and wastewater connections. Advice is given to the applicant in terms of connections. Response: Noted NAC Environmental Health - No objections. The rated noise level from operation must not exceed 5dB the curtilage of a noise sensitive properties. At nighttime (11pm to 7am) the noise from plant and extract machinery should not exceed the Noise Rating Curve NR 25, as defined BS 8223:2014m, when measured in a habitable room of a noise sensitive property with windows open for ventilation. A Dust Management Plan should be submitted for the construction phase. Response: Noted. The nearest noise sensitive properties are some 40m to the south-west on the other side of the access road. Those properties face north-west/south-east and
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there is mature landscaping on the eastern side. Should noise from the plant cause disturbance, Environmental Health has powers to take action against any statutory nuisance. Should the drive-thru wish to operate after 11pm, a Late Hours Catering License would be required, and this would be a matter for the Licensing Authority. A Dust Management Plan for the construction phase could be added as a condition to any permission. Transport Scotland - No objections NAC Active Travel and Transportation - Initially objected on grounds of parking. The parking objections were based on the Council's current guidelines. However, following clarification with the applicant the parking objections were removed. This is because the proposal meets the National Roads Development Guide. It is intended for the Council to adopt the National Guide, although this has not been formally done yet. The National Roads Development Guide requires 139 parking spaces for the retail park and 24 parking spaces for the restaurant. Active Travel and Transportation note there are only 17 spaces proposed within the application site. They consider another 7 spaces should be provided within the application boundary although they noted that there would be 257 spaces in the entire retail park. In terms of active travel connections, they consider that a 3m wide shared Active Travel Route should be provided from the east of the site to the existing route at the Pennyburn Roundabout. A route should also be provided to the south where there is currently a desire line. NAC Active Travel and Transportation also consider that details of the removal of the existing drive-thru lane should be provided. Response: In terms of parking the comments relating to the National Roads Development Guide and the Council's current guidelines are noted. Given the status of the National Roads Development Guide and the intention to adopt, it is considered that this has more weight in respect of the planning application. It is also noted that both documents are guides only and do not form part of the development plan. NAC Active Travel and Transportation's concerns regarding a shortfall of 7 parking spaces, according to their guidance, within the application site are noted. However, it is also noted that the retail park itself, according to their guidance, has an overprovision of approx. 100 parking spaces. It appears likely that any lack of parking within the site would be more than catered for by the rest of the retail park. It is again noted that the whole of the retail park is within the ownership of the applicant. Following discussions with the applicant, active travel provision has been included. There would be cycle parking within the application site, which could be required by condition. There would also be a new zebra crossing over the existing access road to the retail park on land within the applicant's control. A set of steps would also be provided to the south, over the existing desire line, on land in the applicant's control. The steps would give access to an existing pavement within the Morrison's site to the south. It is noted that people using the retail park also park in Morrison's and walk between the two areas. It is finally proposed to create new zebra crossings within the retail park car park, in front of the existing unit. This would give access to an active travel path link to the eastern boundary.
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NAC Active Travel and Transportation's wish for a link all the way to the Pennyburn Roundabout is also noted. However, the land beyond the eastern boundary is not in the applicant's control. It is considered to be both unreasonable and outwith the scope of planning to require such a link. However, the proposed link to the eastern boundary would allow for a future connection to be made. The existing drive-thru lane would be retained as vehicular access to a substation to the east of the existing unit. It would be restricted to authorised vehicles only by way of bollards and all existing drive-thru infrastructure would be removed. This is considered further below. Publicity:- Ardrossan & Saltcoats Herald Reason for advertisement:- Regulation 20 (1) Advert Published on:- 10.07.2024 Site Notices:- No Site Notice 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 Scottish Government's National Planning Framework 4 (NPF4) adopted February 2023, and the North Ayrshire Council Local Development Plan (LDP) adopted November 2019. Policy 27: City, Town, Local and Commercial Centres of NPF4 states in part (d) that drive-thru development will only be supported where they are specifically supported in the LDP. The Retail Park is identified as a Commercial Centre, but no specific support is given to drive-thru development. There are no specific areas of support for drive-thru development in the LDP. The LDP was adopted in 2019 with NPF4 adopted in 2023. The applicant's opinion with regard Policy 27(d), essentially that there being no specific drive-thru designations does not mean that the development cannot be supported, is noted. The applicant points to the Scottish Government's advice that Policy 27(d) should not be read as a moratorium on such development but that the facts and circumstances of each case should be considered. They also point to this approach in an appeal decision for a drive-thru in Dundee (which was refused as contrary to the development plan). It is agreed that each application must be determined on its merits. An application being contrary to a development plan policy may still be supported if it is considered that material considerations outweigh the policy conflict. This is considered more fully below. It is also noted the existing drive-thru would be removed and the applicant has provided details of works to the existing drive-thru lane and service windows which would render the existing drive-thru inoperable. These works could be required by condition should permission be granted. However, Policy 27(d) makes no distinction between new and
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replacement drive-thru restaurants. It is therefore considered that the proposed drive-thru is contrary to Policy 27(d) of NPF4. Policy 28: Retail of NPF4 states that development proposals for retail will be consistent with the town centre first principle. The policy specifically states that this means new retail proposal will be supported if they are allocated as sites suitable for new retail development in the LDP. Development proposals which meet that test will be supported where the proposed development is of an appropriate scale for the location, will have an acceptable impact on the character and amenity of the area and is located to best channel footfall, to benefit the place as a whole. Strategic Policy 1: Towns and Villages Objective of the LDP states that a town centre first principle will be adopted. Support will also be given to proposals which generate new employment opportunities by identifying a range of flexible areas including for commercial development. Policy 3: Town Centres and Retail of the LDP states that support will be given in principle to development in the Council's network of centres, where it is of a scale appropriate to that centre. The policy sets out the order of preference for retail development and a methodology for assessment. As stated above the application site is identified as a Commercial Centre in the LDP. The LDP goes on to state that this is a site to be safeguarded for bulky goods. It is proposed to turn the existing drive-thru (Unit 4) into a retail unit. The use of Unit 4 for retail could therefore accord with Policy 28 of NPF4 in principle if the unit was restricted to bulk comparison goods or tied to an existing use. The applicant has advised that Unit 4 is likely to be occupied by the operator of Units 2 and 3 (B&M). The planning permission for Units 2 and 3 allows a combination of food/drink/confectionary, clothing and footwear, toiletries, pet products and toys as well as DIY, furniture, electrical and gardening goods. It is therefore considered appropriate that the use of Unit 4 be tied to the use of Units 2 and 3. This could be done by condition, if permission is granted. A future occupier would be entitled to apply to vary the condition or seek further permission for an alternative retail operation and that could be considered on its merits at the appropriate time. Subject to a condition, it is considered this part of the proposal accords with the principle of Policy 28 of NPF4 and Strategic Policy 1 of the LDP. The impact of the proposal in terms of scale, character and amenity and channelling footfall, is considered further below. In terms of Policy 3 of the LDP, this has a very specific assessment methodology requiring a sequential test. A sequential test has been carried out by the applicant. The objection relating to the test only considering Stevenston is noted. However, Policy 28 of NPF4 is more straightforward - Commercial Centres are acceptable for retail development if allocated as such in the LDP. As stated, the proposal is within an allocated Commercial Centre. It is considered the requirements of Policy 3 of the LDP are outweighed by the test requirements of Policy 28 of NPF4. Notwithstanding, it is also considered the proposal accords with Policy 3 of the LDP as retail development in an identified Commercial Centre.
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Strategic Policy 2: Placemaking of the LDP states that all development proposals must meet the relevant qualities of successful places as outlined in the policy. This is essentially reiterated in Policy 14: Design, Quality and Place of NPF4. Policy 27: Sustainable Transport and Active Travel of the LDP states that support will be given to development that contributes to factors including reducing inequality by improving the accessibility and connectivity of the employment opportunities and local amenities. Policy 13: Sustainable Transport of NPF4 states that development will be supported where it can be demonstrated that the transport requirements generated have been considered in line with the sustainable travel hierarchy and sustainable investment hierarchy by making use of existing infrastructure. Where appropriate they should provide direct, east, segregated and safe links to local facilities for active travel; will be accessible by public transport ideally supporting the use of existing services; and supply safe, secure and convenient cycle parking. Development proposals for significant travel generating uses will not be supported in locations which would increase reliance on the private car. The proposed new drive-thru building would be modern and commercial in appearance, as may be expected. Its height and scale would be appropriate in the context of the adjacent buildings, and it would be sited to provide a welcome to this entrance to the retail park. The works to remove the existing drive-thru would be in keeping with the existing buildings and car park. The new building would be sited over 40m from the nearest residential buildings and some 50m from the commercial units to the north. The nearest existing building would be the petrol filing station, part of the supermarket, some 30 to the south-east. Given this, it is not considered there would be any daylight or sunlight or overlooking impacts arising from the proposal. NAC Environmental Health has been consulted and gives advice on the operation of the proposed drive-thru. Environmental Health has powers to take action against statutory noise or odour nuisance. A License would be required to operate after 11pm, which would be within the control of the Council, as Licensing Authority. Given all of the above and that an existing drive-thru would be replaced, it is not considered the proposal would give rise to any significant other amenity impacts. A Dust Management Plan, part of a Construction Management Plan, could be required by condition to seek to minimise amenity impacts during the construction phase. The site is within an existing retail park with the existing connections to the road network. The parking provision for the drive-thru is seven spaces fewer than the National Guidelines. However, there is an overprovision of parking within the Retail Park as a whole and active travel opportunities would be improved as set out below. NAC Active Travel and Transportation and Transport Scotland have been consulted and have no concerns about impact on the road network. A range of active travel improvements have been proposed to provide options other than car travel. A new zebra crossing would be formed on the access road linking to the pavement leading to the residential area of Stevenston, as would new zebra crossings within the Retail Park. An active travel path link would be formed to the eastern boundary of the land within the control of the applicant to allow a future link to the informal path
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network to the east. Cycle parking spaces would be provided within the new drive-thru. All these matters could be required by condition to be carried out prior to the operation of the new use. There is currently a desire line where users of the Retail Park cross a grass embankment to get between the upper level and the supermarket. It is proposed to install a set of steps on this desire line to make a formal connection between the two areas. This would link into the paths within the supermarket site and the wider area. This includes the bus stops on Kilwinning Road on the southern side of the retail park. There would be step-free access via the existing pavement on the western and southern sides of the application site. Again, a requirement to create the link could be required by condition should permission be granted. The proposal is within a commercial centre which already has a high level of car dependence. The proposal would improve active travel links both within the commercial centre and to the wider area improving accessibility for both the amenities and employment opportunities the centre provides. As such the proposal is considered to accord with the qualities of a successful place, as set out in Strategic Policy 2 of the LDP and Policy 14 of NPF4 and the accessibility of the proposal is considered to accord with Policy 27 of the LDP and Policy 13 of NPF4. In terms of scale, character and amenity and channelling footfall, the proposal also accords with Policy 28 of NPF4. The Stevenston Local Place Plan is silent in respect of this type of development and only mentions Hawkhill Retail Park in the context of it being a location for most of Stevenston's jobs. In terms of the town centre, it considers that there is a lack of retail infrastructure but considers that this would likely need wholesale redevelopment. It identifies a vacant site on the south side of Fullerton Street as suitable for a community green space or car park, a vacant public house as potentially suitable for housing and a vacant shop unit as potentially suitable for community facilities (this unit has been granted permission to operate as a children's soft play facility). The Local Place Plan is therefore noted. It is not considered the proposal conflicts with the aims of the Local Place Plan. The proposal is considered to be contrary to the development plan in that is does not accord with Policy 27(d) of NPF. However, the proposal is considered to accord with all other relevant parts of the development plan. The improvements which the proposal would bring in terms of active travel are considered to have significant weight and it is also noted that the proposed drive-thru would be a replacement. The removal of the existing drive- thru could be controlled by condition and significant weight is also given to this and the provision of retail within a suitable site. The use of Unit 4 as retail, tied to the existing retail uses, would be a return to a previous use of the site and the potential employment generation from an expanded retail offering is also noted. The above material considerations are considered to outweigh the conflict with the single part of the development plan, and it is therefore recommended that planning permission be granted subject to conditions. 4. Full Recommendation Approved subject to Conditions
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Reasons for Decision Condition 1. That prior to the commencement of the development, a Construction Management Plan including a Dust Management Plan shall be submitted to the Council, as Planning Authority, for approval. The development will thereafter only be carried out in accordance with any CMP as may be approved. Reason To ensure appropriate management of the construction process and to meet the requirements of NAC Environmental Health. Condition 2. That prior to the commencement of the development, details of cycle parking for the restaurant shall be submitted to the Council, as Planning Authority, for approval. Any cycle parking as may be approved shall be installed prior to the first operation of the permitted drive-thru restaurant. Reason To ensure appropriate cycle parking for the restaurant in the interests of facilitating active travel. Condition 3. That prior to the commencement of the development, details of the steps to the south of the permitted drive-thru restaurant shall be submitted to the Council, as Planning Authority, for approval. The steps, in accordance with any details as may be approved, shall be installed prior to the first operation of the permitted drive-thru restaurant. Reason To ensure an appropriate pedestrian link to the south in the interests of improved connectivity. Condition 4. That prior the first operation of the permitted drive-thru restaurant, the active travel links, namely the zebra crossings, covered cycle parking for retail and the active travel link to the eastern boundary, as shown on approved drawing 13661_AEW_2244_0004 Rev G shall be carried out to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate active travel facilities within the retail park and provide links for future improvements to the wider area in the interests of improved connectivity. Condition 5. That prior to the first operation of the permitted drive-thru restaurant, the use of Unit 4 as a drive-thru restaurant shall cease and the works comprising removal of drive-thru signage, installation of lockable bollards and removal of service windows, as shown on approved drawings 13661_AEW_2244_0002 Rev F and 13661_AEW_2244_0004 Rev G shall be carried out to the satisfaction of the Council, as Planning Authority.
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Reason To ensure the cessation of the existing drive-thru in recognition of the special justification for the development. Condition 6. That Unit 4 shall be operated for retail purposes only in conjunction with the use of Units 2 and 3. Reason To restrict the retail use of Unit 4 to reflect the permitted use of Units 2 and 3 and in recognition of the specific designation of the retail park as a commercial centre in the development plan. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320.
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Appendix 1 – Location Plan DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of His Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire Council Licence Number AC0000825715.