Agenda Document Pack - Planning Committee - 19/02/2025
North Ayrshire Council · 19 February 2025
Back to Planning Committee — 19 February 2025 and its agenda
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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, 19 February 2025 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 22 January 2025 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 24/00843/PPM - South Hourat Farm, Dalry KA24 5LA Seeking planning permission for the erection of 6 wind turbines of up to 150m to blade tip and associated infrastructure including access tracks, foundations, crane pads and temporary construction compound (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4 24/00912/CON - Site To North West Of High Boydstone Farm Ardrossan Seeking planning permission for the installation of a battery energy storage system and associated infrastructure with a generating capacity of up to 100MW (a consultation from the Scottish Government Energy Consents Unit ref. ECU00005094) (copy enclosed). 5 24/00945/PP - 42 New Street Stevenston North Ayrshire KA20 3HD Seeking permission to change use from public house to dwelling flat (copy enclosed). 6 Urgent Items Any other items which the Chair considers to be urgent. 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 2
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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: 3
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Planning Committee 22 January 2025 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) Cameron Inglis, Stewart Ferguson, Chloé Robertson, and Ronnie Stalker. Present (Remote Participation) Scott Davidson, Davina McTiernan, and Jim Montgomerie. In Attendance (Physical Participation) A. Finlayson, Chief Planning Officer and A. Gemmell, Strategic Planning Manager (Communities and Housing); C. Fitzsimmons, Senior Manager (Regeneration) (Place); R. Lynch, Senior Manager and C. Leslie, Solicitor (Legal Services); S. Wilson, Committee Services Officer; and C. Cheung, Digital, Media and Marketing Analyst (Communications) (Democratic Services) (Corporate Services). Apologies Robert Foster, Amanda Kerr, and Ian Murdoch. Chair Councillor Inglis 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 27 November 2024 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. Supplementary Street Development Guide Submitted a report by the Executive Director (Place) seeking approval of the proposed Supplementary Street Development Guide attached at Appendix 1 to the report. Officers responded to Members questions and the Committee agreed to (a) approve the proposed Supplementary Street Development Guide (SSDG) attached at Appendix 1 to the report, to be used alongside the National Roads Development Guide; and (b) delegate authority to the Executive Director (Place) for any future technical changes to the SSDG as required. Agenda Item 2 5
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4. 23/00061/PPM: South Of Nethermains Community Centre, Nethermains Road, Kilwinning Submitted a report by the Chief Planning Officer seeking planning permission for the erection of 115 dwellinghouses to include the formation of associated site access, roads, footpaths, landscaping, drainage and ancillary works. The Committee noted no deputation requests were received for this application. Officers responded to Members’ questions on various aspects of the report and following a motion by Councillor Davidson, seconded by Councillor Stalker, the Committee unanimously agreed to refuse planning permission for the following reasons: 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. 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. 5. 24/00888/PP: 5 Crompton Way, Irvine Submitted a report by the Executive Director (Communities and Housing) seeking removal of condition 7 of planning permission 22/00094/PPM and the amendment of access arrangements for the development. The Committee noted no deputation requests were received for this application. Officers responded to Members’ questions on various aspects of the report and following a motion by Councillor Robertson, seconded by Councillor Ferguson, the Committee unanimously agreed to approve planning permission subject to the following conditions: 1. That prior to the commencement of the development hereby approved, the developer shall provide full details of the proposed finishing materials 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. 2. That prior to the commencement of the development hereby approved, the developer shall provide full details of the proposed boundary treatments for the written approval of North Ayrshire Council as Planning Authority. For the 6
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avoidance of doubt, all houses with vehicular parking to the rear shall be provided with a direct means of access from their allocated parking space to their rear door. Thereafter, the development shall progress in accordance with such details as may be approved. 3. That no development shall take place until there has been submitted to and approved by North Ayrshire Council as Planning Authority a scheme of landscaping, which shall include details of species, planting densities, soil treatment and aftercare. The scheme shall include indications of all existing trees on the land to be retained together with measures for their protection in the course of the development. 4. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation. 5. That prior to the commencement of the development hereby approved, full details of the surface water drainage system, including the discharge rate, basin capacity, other 425 temporary storage capacity, water quality treatment measures and post development flood flow paths shall be submitted for the agreement of North Ayrshire Council as Planning Authority. Confirmation shall be submitted in writing to North Ayrshire Council as Planning Authority and certified by a suitably qualified person that a surface water drainage system to manage and treat runoff at the site has been designed in accordance 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 to the satisfaction of North Ayrshire Council as Planning Authority. 6. That prior to the commencement of the development hereby approved, the developer shall provide full details of the proposed acoustic barrier to be erected between the development and the Amer Sports warehouse for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the barrier shall be erected in accordance with such details as may be approved prior to the first occupation of the development and permanently retained unless otherwise agreed in writing by North Ayrshire Council as Planning Authority. 7. The internal noise level from road traffic during daytime hours (0700-2300 hours) in any habitable room within any residential property to which this consent relates must not exceed LAeq 16-hour 35dB. In addition, the internal noise level from road traffic during night hours (2300-0700 hours) in any habitable room within any residential property to which this consent relates must not exceed LAeq 8-hour 30dB. If these levels cannot be achieved with an open window strategy, then alternative means of ventilation will require to be provided. 7
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8. That prior to the commencement of the development, the applicants shall finalise the ground investigation report submitted in support of the application by JPB Reference Number VG190-18/SAG/MAK Draft Issue and dated December 2021 and submit a Remediation Strategy. All documentation shall be verified by a suitably qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire Council as Planning Authority. On completion of the proposed works written verification, detailing what was done by way of any remediation, shall also be submitted. 6. 24/00505/PP: 4 Hawkhill Retail Park, Kilwinning Road, Stevenston Submitted a report by the Executive Director (Communities and Housing) seeking planning permission for the 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 at McDonalds Restaurants Ltd, 4 Hawkhill Retail Park, Kilwinning Road, Stevenston, North Ayrshire KA20 3DE. The Committee noted no deputation requests were received for this application. Officers responded to Members’ questions on various aspects of the report and following a motion by Councillor Montgomerie, seconded by Councillor McTiernan the Committee unanimously agreed to approve planning permission subject to the following conditions: 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. 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. 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. 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. 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 8
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and 13661_AEW_2244_0004 Rev G shall be carried out to the satisfaction of the Council, as Planning Authority. 6. That Unit 4 shall be operated for retail purposes only in conjunction with the use of Units 2 and 3. 7. Largs Local Place Plan Submitted a report by the Executive Director (Communities and Housing) to advise on the preparation and submission of a Local Place Plan by Largs Community Council. The Largs Local Place Plan was attached at Appendix 1 to the report. The Committee agreed to (a) the registration of the Local Place Plan for Largs submitted by Largs Community Council, and (b) note the requirement to take account of the plan in the preparation of North Ayrshire’s third Local Development Plan (LDP3). 8. Cumbrae Local Place Plan Submitted a report by the Executive Director (Communities and Housing) to advise on the preparation and submission of a Local Place Plan by Cumbrae Community Council. The Cumbrae Local Place Plan was attached at Appendix 1 to the report. The Committee agreed to (a) the registration of the Local Place Plan for Cumbrae submitted by Cumbrae Community Council, and (b) note the requirement to take account of the plan in the preparation of North Ayrshire’s third Local Development Plan (LDP3). 9. Urgent Items There were no urgent items. The meeting ended at 3:15 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 9
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NORTH AYRSHIRE COUNCIL 19th February 2025 Planning Committee Locality Reference 24/00843/PPM Application Registered 13th November 2024 Decision Due 13th March 2025 Ward Garnock Valley Recommendation Agree to grant planning permission with conditions and notification to Scottish Ministers, Civil Aviation Authority, Glasgow Airport, Glasgow Prestwick Airport and NATS en route under the terms of The Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003 __________________________________________________________________ Location South Hourat Farm, Dalry KA24 5LA Applicant The Farm Energy Company Proposal Erection of 6 wind turbines of up to 150m to blade tip and associated infrastructure including access tracks, foundations, crane pads and temporary construction compound ___________________________________________________________________ 1. Description The proposal is for the erection of six wind turbines together with associated infrastructure on Green Hill near Swinlees Quarry, approximately 3km to the northwest of Dalry. The proposed wind turbines would be of conventional 3-blade design in a white colour, similar to the turbines at the existing windfarm developments nearby. The proposed candidate turbine models have been selected to minimise impacts on the environment, residential amenity and to satisfy relevant technical matters such as aviation and telecommunications. Whilst a number of candidate models have been indicated in the application, the final choice of turbine would be dependent on availability and cost. Six turbines are required due to the power requirements for the factory the development would directly serve, DSM-Firmenich in Dalry. There is a requirement for 25.6MW. Any Agenda Item 3 11
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excess power (eg. during periods of shutdown at the factory) would be exported from the existing grid connection at DSM-Firmenich to the local electricity network. In terms of the candidate turbines which have been identified by the applicant as suitable for the proposed development, the following specifications should be noted: • Rated power: Up to 4.3MW per turbine (25.6MW in total) • Maximum height above ground (to blade tip): 150m • Hub height: 82m - 86m above ground level • Rotor diameter: Between 133.2m and 138m • Cut-in wind speed: 3m/s Each turbine and its associated machinery would be manufactured off-site and fitted into a white coloured steel or aluminium casing (nacelle). The nacelles would be crane-mounted onto steel towers, also white in colour. White coloured fibreglass/carbon fibre composite blades, each measuring approximately 66m in length, would be mounted to the hub at the front of the nacelle. The blades would rotate around their hubs, and the nacelles would rotate on their towers to face the wind. The turbines would be fitted with a braking system, as standard. The cut-out wind speed of the candidate models would be 32m/s (re cut-in speed 28m/s). Also as standard, fire prevention measures are now built into wind turbines, such as fire detection with arc flash detectors, heat and smoke detectors. The proposed turbines would be arranged in two rows of 3 aligned roughly in a north- south direction, approximately 400 metres apart. Three turbines would be situated on the west side of Green Hill, with the other three towards the east. The height of the hilltop is around 200m - 220m above sea level. There is higher ground to the west and north of Green Hill, west of the upper valley of the Rye Water. Baidland Hill, 2km to the west, is 334m above sea level, with Cock Hill, 3km to the north west reaching 358m. Further north, the ground rises above 400m, with the summit of Irish Law (5km north) being 484m. The ground to the east and south is significantly lower, with the DSM- Firmenich site itself being around 35m above sea level on the floor of the Garnock Valley. There are no notable watercourses within the site boundary although there are several field ditches and land drains which follow the edges of the fields, draining west to the Rye Water or east to the Pitcon Burn. The land is used mainly for rough grazing and is afforested with conifers at its northern edge. The Camphill Water Treatment Works, operated by Scottish Water, is located around 75m to the north of the site boundary. Swinlees Quarry, which occupies Carwinning Hill, is located immediately to the southeast. There is a ruined building within the site boundary, but otherwise there are no buildings or structures on the land, other than a temporary met mast which was erected during 2024 and a power line carried on timber poles. Within 1km to the east of the site there is a line of 40 metre high pylons carrying power lines, running roughly from south to north. Access to the site would be taken from an upgraded forestry track leading from the A760 at a point some 25m west of its junction with the B784 at Hourat Toll. New sections of track would be constructed which would terminate at each turbine, with a turning area 12
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provided for each to enable service vehicles to turn. Whilst the access tracks would be retained permanently, a temporary construction compound would be formed at the northern end of the development, around 400m from the junction with the public road. As a means of enhancing biodiversity and wildlife, a habitat management plan has been prepared. The plan identifies a range of work that would be carried out as part of the proposed development, including off-site peatland restoration, the removal of all temporary infrastructure, the restoration of habitats following construction operations, the creation of 15 'scrapes' within the areas of rush pasture, the planting of 2 hectares of native tree planting along the Rye Water (to include deer fencing) and the installation of habitats suitable for nesting birds and roosting bats. Agricultural use of the land for cattle and sheep grazing would resume upon completion of the windfarm. Following commissioning, it is proposed that the wind turbines would have an operational phase of 30 years after which they would be decommissioned and removed from the site during the following 2 year period. The site is within an area of countryside in the adopted Local Development Plan and is just inside the boundary of Clyde Muirshiel Regional Park. In support of the application the following documents have been submitted: Pre-application consultation (PAC) Report A Proposal of Application Notice was submitted to the Council on 26th April 2024. Publicity for the pre-application consultation period included the ward councillors, the constituency MP, constituency and list MSPs, Kilbirnie & Glengarnock Community Council, Dalry Community Development Hub, Dalry Action Group and Dalry Community Sports Club. A public notice was placed in two local newspapers during the early part of May 2024. During the first round of consultation, public events were held on 14th May 2024 at Rosearden Hall in Dalry with 23 people attending, and on 11th June at Bridgend Community Centre in Kilbirnie with 13 people attending. The second round of consultation involved a public event held on 23rd July at Rosearden Hall in Dalry. This was attended by 16 people. In total, 9 feedback forms were received by the applicant's consultant over the course of the consultation period, which ended on 11th August 2024. 87% of respondents supported renewable energy projects generally. 45% felt there would be benefits to the local community and 11% thought the project would provide good support for DSM-Firmenich. 11% of respondents had concerns about noise, 11% about traffic and 11% about habitat impacts. The report also states that "dialogue has been maintained with members of the local community up to the point of submission via written and verbal communication which will continue through determination of the planning application…. To date, this communication has included information on upcoming consultation events, and general information on the application." 13
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Design and Access Statement The Statement sets out the parameters of the proposal, analyses the application site and its context and makes reference to the technical factors which underpin the design. The Statement describes and explains the consultation process during which the design of the proposed development has evolved. It concludes that the proposed development represents an efficient design solution to meet the demands of DSM-Firmenich whilst also minimising environmental impacts to an acceptable level. EIA Report The EIA process involves identifying significant effects of proposed development on the environment and considers ways to resolve or mitigate them. There are thirteen chapters in the submitted EIA Report. It is structured in two parts: the first is descriptive (chapters 1 - 5), the second is analytical (chapters 6 - 13). The following topics considered in depth within the second part of the EIA: - Landscape and Visual Impact; - Cultural Heritage and Archaeology; - Ecology and Ornithology (including outline Habitat Management Plan); - Noise; - Aviation and Radar; - Shadow Flicker. The EIA Report is accompanied by the following suite of supporting technical reports: - Drainage Impact Assessment - Outline Peat Management Plan - Private Water Supply Assessment - Flood Risk Assessment - Transport Statement The EIA Report and associated technical reports contain a range of recommendations to address the identified environmental and technical impacts associated with the proposed development. Planning Statement Includes a summary of the proposed development and assessment against the relevant criteria of the development plan (the North Ayrshire Local Development Plan and National Planning Framework 4). This report concludes that the principle of developing wind turbines in this part of North Ayrshire has already been established by previous successful applications. It states that renewable energy development is supported by national and local policy and that the proposed development would help meet the energy needs of the DSM-Firmenich plant which is a major employer in the area. Unless material considerations indicate otherwise, the application requires to be considered and determined in terms of the development plan, which consists of National Planning Framework 4 (NPF4) and the North Ayrshire Local Development Plan (LDP). The relevant NPF4 policies are as follows: Policy 1 - Global Climate and Nature Crises Policy 11 - Energy Policy 23 - Health and Safety Policy 25 - Community Wealth Building 14
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Policy 29 - Rural Development The relevant LDP policies are as follows: Strategic Policy 1 - Spatial Strategy: The Countryside Objective Strategic Policy 2 - Placemaking Policy 14 - Green and Blue Infrastructure Policy 15 - Landscape and Seascape Policy 17 - Clyde Muirshiel Regional Park Policy 29 - Energy Infrastructure Development 2. Consultations and Representations The application was advertised in accordance with statutory procedures, which included neighbour notification and the publication of notices in the Ardrossan & Saltcoats Herald and the Edinburgh Gazette. Copies of the EIA Report were available for public inspection at Kilbirnie Library and Cunninghame House, Irvine. - 28 representations in support of the application were received. - 9 representations expressing an objection were received. The points made by both supporters and objectors have been grouped into topics or themes to enable a response to be provided to each. Support comments 1. The proposed development ties in with the Council's declaration of a Climate Emergency and objectives to achieve net-zero carbon emissions by 2030. The development of secure and sustainable energy infrastructure will allow us to reduce reliance on our planet's finite and dwindling resources. Renewable energy should be supported whenever possible. Response: Noted and agreed, in principle. See Analysis. 2. With wind turbines already being a proven source of energy within this area, there is no logical reason not to increase their use. Response: Noted. See Analysis. 3. The proposed development would improve job security at DSM-Firmenich and the local economy at a time of increasing economic uncertainty and financial pressure on energy costs. The development would allow stabilised or reduced energy costs for this major employer. Response: Noted. See Analysis. 4. The proposed development would create valuable construction jobs and future maintenance work leading to increased prosperity in the local area. 15
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Response: Noted. 5. The proposed development would help to power DSM-Firmenich's operations in Dalry and reduce their carbon emissions. Response: Noted and agreed. See Analysis. 6. The plans are well considered and are expected to have no adverse impact on the community. Response: Noted. Analysis of the application in terms of community impacts follows below. 7. The proposed community benefit fund would support local initiatives. Response: Community benefit is a goodwill contribution voluntarily donated by a developer. It is for the benefit of communities affected by development but does not constitute a material planning consideration. 8. The Farm Energy's efforts to engage with the local community are appreciated. Response: Noted. Objection comments 1. Construction traffic impacts on local roads such as the B874, B780 and A760. Response: The Roads Authority has no objection (see below). If planning permission is granted for the proposed development, a Construction Traffic Management Plan would be provided by the applicant to ensure mitigation is put in place to minimise the impacts on the affected roads during construction of the development. In addition, the applicant has agreed to prepare a road condition survey to ensure any damage caused to the affected public roads would be repaired by the developer at no cost to the Council. Both matters would be secured by conditions in the event of planning permission being granted. 2. Visual and landscape impacts would be significant and adverse, taking into account the cumulative effects of existing windfarm developments in the area. Response: If approved, the proposed development would result in visual impacts on the local area from the wind turbines. However, these impacts would be viewed in the context of existing wind farms on the higher ground to the west, which are widely visible within the Garnock Valley area and have been a feature of the local landscape since 2006. Given the topography of the landscape and the proposed turbine siting arrangement, it is not considered that the cumulative impact would be significantly adverse. For further commentary, see Analysis below. 3. Potential shadow flicker impacts on nearby homes and farms. Response: This matter is discussed in detail in Chapter 11 of the EIA Report. Whilst the siting and design of the proposed development aims to avoid such impacts occurring, shut down protocols can be pre-programmed into wind turbines where necessary to ensure 16
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there would be no significant impacts on local properties from shadow flicker when this is predicted to occur. The applicant has agreed to produce a shadow flicker protocol, the preparation and implementation of which would be addressed by a condition in the event of planning permission being granted. 4. Noise impacts on nearby homes and farms. Response: Prior to the submission of the application, the applicant held detailed discussions with the Council's specialist noise officer, based in the Environmental Health team. Noise sensitive receptors were identified during these discussions and noise monitoring equipment was set up to gather data. For the most part, the proposed development would operate within acceptable noise limit standards. However, Chapter 9 of the EIA Report identifies that in very specific circumstances (ie. in certain wind direction and wind speeds), there may be small exceedances of acceptable noise limits at one of the sensitive receptors (for 1.5% of the time). To address this issue, a scheme of curtailment has been proposed, where turbines would be set to specific operating modes to reduce noise levels during these circumstances. This would be addressed by a condition in the event of planning permission being granted. Any other noise impacts identified by residents could also be reported to Environmental Health for investigation, should they occur. See also Environmental Health consultation response, below. 5. Aviation and radar impacts - a significant number of Glasgow Airport movements pass over the site of the proposed wind farm. This has not been considered in the aviation report, with much of the focus being on Prestwick movements. Response: See consultation responses from Glasgow Airport and NATS, below. 6. Health impacts on local residents. Response: There is no recognised link between wind turbines and health according to research carried out in 2014, which analysed around 60 scientific peer-reviewed articles (Wind Turbines and Human Health, 19th June 2014). The matter has also been discussed with Environmental Health officers who have advised that Public Health Scotland undertook a peer review of this topic alongside NHS Ayrshire and Arran, concluding that there was no evidence to support claims about adverse health impacts arising from wind turbines. Environmental Health officers have confirmed that there are no public health guidelines on the matter. Moreover, planning applications require to be determined in accordance with the development plan unless material considerations indicate otherwise. Therefore, in these circumstances, it is not considered that the topic of health impacts can be regarded a material planning consideration. 7. Telecommunications impacts, including adverse effects on TV and Wi-Fi signals. Response: TV/radio interference can be caused by wind turbines, as can interference to mobile or fixed link wireless telecoms systems. Any interference is normally dealt with by the relevant network operators. It should be noted that, whilst Arqiva has no objection and predicts no adverse effects, the applicant has confirmed that they would meet any costs associated with mitigating any impacts that do occur. This would be addressed by a condition in the event of planning permission being granted. It should be noted that Wi-Fi signals are not affected by wind farm developments due to the very limited signal range of routers within domestic or commercial settings. 17
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8. Impacts on private water supplies. Response: A risk assessment has been carried out, involving desk and field studies. The results indicate that none of the 11 private water supplies within the proposed development area are at risk. There would be measures implemented to safeguard groundwater and surface water in the proposed Construction Environment Management Plan - which would be secured by condition in the event of planning permission being granted. 9. Health and safety concerns due to risk of fire. Response: The above matter has been raised with the applicant who has advised as follows: - Newer turbine blade designs incorporate materials such as carbon fibre, which offer improved strength-to-weight ratios and greater flexibility. Carbon fibre blades can withstand higher wind speeds without bending excessively, allowing for increased energy capture. - the turbines will be constructed to IEC 61400 "Wind turbines - Part 1: Design Requirements" (2019) and BS EN 50308:2004 "Wind turbines. Protective measures: Requirements for design, operation and maintenance" . IEC 61400 specifies essential design requirements to ensure the engineering integrity of wind turbines to provide an appropriate level of protection against damage from all hazards during the planned lifetime. - There will be rigorous on and off-site inspection and maintenance during the construction process and operational lifespan to ensure that any wind turbine faults are identified at an early stage with action undertaken as required. - Fire prevention measures are now built into wind turbine models as standard. These depend on the manufacturer and turbine model but include measures such as: fire detection with arc flash detectors and, heat and smoke detectors. - Supplementary fire suppression systems are also available which would add an additional layer of fire protection to the final turbine choice should this be considered necessary. Final turbine details can be secured via condition. - Further design measures built into wind turbine designs including measures such as aluminium nacelle covers which act as a Faraday's Cage in case of lightning strikes. It is considered that the above response addresses the safety concerns that have been raised. A condition requiring full details of the turbines to be erected is recommended. 10. Adverse impacts on local tourism. Response: It is not considered that the proposed development would have any direct impact on tourism within the immediate locality or within North Ayrshire more generally. There are already windfarms in the local area which are long established. A study was carried out by Biggar Economics and published in 2021 looking at "Wind Farms & Tourism Trends in Scotland: Evidence from 44 Wind Farms." The study found no relationship between tourism employment and wind farm development, at the level of the Scottish economy, across local authority areas nor in the locality of wind farm sites. It is also noted that the application site itself does not provide any tourist accommodation or visitor facilities. There are no walking routes within the site given that land use is currently 18
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agricultural or under forestry. Walking opportunities would be available on the new tracks within the proposed wind farm in common with most of the existing wind farms in North Ayrshire (eg. Kelburn, Dalry, Wardlaw Wood and Ardrossan), thus improving public access to this part of the Regional Park. 11. The electricity cable that would be necessary to connect the proposed windfarm to DSM-Firmenich has not been included in the application. Response: Overhead (or buried) electricity cables are subject to different planning procedures and would require to be considered at a later stage, in the event that planning permission for the wind farm is granted. As noted above, a line of 40m high pylons already pass close to the site. In addition, there are numerous timber poles carrying power cables and telecoms lines near to the B784. 12. Community benefit funds. Response: Community benefit is a goodwill contribution voluntarily donated by a developer. It is for the benefit of communities affected by development but does not constitute a material planning consideration. 13. Property value impacts. Response: The effect of any development on property values is not a material planning consideration. Consultations: Arqiva - No objection. Arqiva is responsible for providing the transmission network for the BBC and ITV along with the majority of the UK's radio companies. Tall infrastructure such as wind turbines have the potential to block radio transmission links. Arqiva has considered whether the proposed wind turbines would have an adverse effect on their operations and has concluded that they have no objections. Response: Noted. Joint Radio Committee (JRC) - No objection. This proposal is cleared - subject to 50m micrositing - with respect to radio link infrastructure operated by the local energy networks. JRC analyses proposals for wind farms on behalf of the UK Fuel & Power Industry. This is to assess their potential to interfere with radio systems operated by utility companies in support of their regulatory operational requirements. In the case of this proposed wind energy development, JRC does not foresee any potential problems based on known interference scenarios and the data submitted. However, if any details of the wind farm change, particularly the disposition or scale of any turbine(s), it will be necessary to reevaluate the proposal. Response: Noted. Glasgow Prestwick Airport (GPA) - Holding objection. GPA request that dialogue continues with the applicant to finalise the undertaking of the remaining safeguarding assessments as follows: 19
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- A continuation of the radar modelling assessment process against the Airport's primary surveillance radar(s) to establish if the Terma radar has the capability to mitigate the clutter from the visible turbines; - A VHF radio communication assessment in the vicinity of the proposed windfarm against the Airport's VHF Ground to Air radio equipment infrastructure; Response: Noted. The applicant has confirmed that they been working with GPA to address the matters raised. GPA has advised that this process started in 2022. However, no definitive timescale has been identified by either party as to when the outstanding matters would be concluded. It must be recognised that the Council has four months in which to determine a major planning application, after which the applicant has a statutory right of appeal against non-determination. In order to expedite the process, a condition is recommended to require the resolution of aviation matters prior to any development taking place. In these circumstances, notification to Scottish Ministers is required. Glasgow Airport - Has issued a holding objection on grounds of aviation safety. Response: As per the GPA comments, a condition is recommended to require the resolution of aviation matters prior to any development taking place. In these circumstances, referral to Scottish Ministers is required. Ministry of Defence - No objection subject to conditions in respect of aviation lighting, aviation charting and safety management. The principal safeguarding concerns of the MOD with respect to this development of wind turbines relates to their potential to create a physical obstruction to air traffic movements. Response: The recommended conditions could be attached in the event of planning permission being granted. National Air Traffic Services (NATS) - Objects. NATS en-route plc is responsible for the safe and expeditious movement in the en-route phase of flight for aircraft operating in controlled airspace in the UK. To undertake this responsibility, it has a comprehensive infrastructure of RADARs, communication systems and navigational aids throughout the UK, all of which could be compromised by the establishment of a wind farm. Following technical assessment of the predicted impacts, it has been determined by NATS that the proposed development would result in the reduction of the probability of detection at the Lowther, Glasgow, Cumbernauld and Prestwick Centre Air Traffic Control RADAR systems. No impact is predicted on NATS navigation aids, radio communications infrastructure nor military air traffic control. Response: The applicant is aware of the above matters and advised that it is working with NATS en-route to resolve the issues of concern. It has not been possible to conclude this work during the 4 month processing period for a planning application. To this end, a condition is recommended to require these matters to be resolved prior to any development taking place. In these circumstances, referral to Scottish Ministers is required. NatureScot - No objections and welcomes the applicant's commitment to prepare a Construction Environmental Management Plan. NatureScot also notes the outline Habitat Management Plan that has been submitted. Bat mitigation advice has been provided. 20
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Recommends that further detail should be sought regarding impacts on priority peatland habitats. Response: Noted. The recommended additional information could be secured by condition attached in the event of planning permission being granted. NAC Active Travel and Transport - No objection. There are various bridges and culverts along the proposed abnormal loads route. Any areas of widening where there are existing open ditches would need to incorporate pipework. The applicant will have to introduce temporary measures to manage road safety and provide suitable crossing points for the public where required. Response: Noted. In the event that planning permission is granted, an informative could be attached to highlight the above points to the applicant for further discussion with NAC Roads. NAC Environmental Health - No objection subject to conditions to control/set noise limits, to require the site operator to investigate any noise complaints that are reported to the planning authority for monitoring and compliance and to ensure that the development does not adversely impact private water supplies in the area. Response: Noted. The recommended conditions could be attached in the event of planning permission being granted. Scottish Water - No objection. Records indicate that there are no Scottish Water drinking water catchments or water abstraction sources designated as Drinking Water Protected Areas under the Water Framework Directive. Response: Noted. A condition is recommended in respect of the need for a Construction Environmental Management Plan, which could be attached in the event of planning permission being granted. The Coal Authority - No objection. The site falls within the development low risk area. As such, no conditions are recommended. Response: Noted. West of Scotland Archaeology Service - No objection, and notes that the proposed wind farm would be located in an area with potential to produce archaeological material relating to different periods of occupation. Proposed turbines 4 and 6 would be located within 500m of the site of a fort that formerly occupied the summit of Carwinning Hill, where past fieldwork identified the presence of a Bronze Age cairn. Despite past quarrying activities in this area, there remains potential relating to occupation from the Bronze Age to the nineteenth century. A condition is therefore recommended. Response: The recommended condition could be attached in the event of planning permission being granted. Civil Aviation Authority; RSPB Scotland; Kilbirnie & Glengarnock Community Council and Scottish Wildlife Trust: No comments. 21
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3. Analysis Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that decisions by planning authorities shall be made in accordance with the development plan unless material considerations indicate otherwise. Section 37(2) of the Act states that, in determining planning applications, planning authorities shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations. National Planning Framework 4 (NPF4) and the adopted North Ayrshire Local Development Plan comprise the development plan. NPF4 was adopted on 13th February 2023 and is therefore the most up to date component of the development plan, particularly in respect of strategic planning policies for land use and development. The national spatial strategy of NPF4 highlights that: "Scotland's future places will be net zero, nature-positive places that are designed to reduce emissions and adapt to the impacts of climate change, whilst protecting, recovering and restoring our environment." And continues by stating that: "Every decision on our future development must contribute to making Scotland a more sustainable place. We will encourage low and zero carbon design and energy efficiency, development that is accessible by sustainable travel, and expansion of renewable energy generation." As such, Policy 1 of NPF4 states that: "When considering all development proposals significant weight will be given to the global climate and nature crises." Policy 11 of NPF4 deals with energy developments and places significant weight on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emissions reduction targets. Policy 25 supports proposals which contribute to community wealth building strategies and are consistent with local economic priorities. Policy 29 covers rural development. The applicant has provided a comprehensive response to the relevant development plan policies within the Planning Statement submitted with the application. Their statement demonstrates compliance with all aspects of the relevant policies. In summary, the application seeks permission for the development of a wind farm development to generate electricity specifically for DSM-Firmenich, a major local employer within 3km of the site. DSM-Firmenich (formerly DSM and originally Roche Products), has manufactured a range of pharmaceuticals at its site in Dalry since 1958. The electricity generated by the proposed wind farm would supply power using a direct 'private wire' arrangement, thus supporting all aspects of production at the DSM-Firmenich site, including the existing product lines of Vitamin C, Calcium-D-Pantothenate (Vitamin B5) and Panthenol (proVitamin B5). In 22
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addition, the proposed development would support the energy needs of the new production plant for a methane reducing food additive for livestock (Bovaer), currently under construction following Planning Committee approval in 2022 (ref. 22/00595/PPM). The proposed wind farm would, in effect, replace the existing heat and power plant at DSM- Firmenich, currently powered by gas turbines which are now around 30 years old. The gas turbines require to be decommissioned by 2027, and an alternative source of energy must be secured before then to enable production to continue at financially viable levels. Grid sourced energy alone is considered too expensive, thus the need for new infrastructure to serve the plant. The application highlights that DSM-Firmenich are committed to reducing their greenhouse gas emissions and that the plant should be powered by renewable energy rather than natural gas in the interests of addressing climate change impacts. Furthermore, the planning statement highlights that the proposed development would support community wealth building. It highlights that DSM-Firmenich is an anchor institution within North Ayrshire through its support for the local economy in terms of direct and indirect employment, and within the supply chain. The statement argues that the development would support job security and reduce the cost of supplying power to the DSM-Firmenich site during the coming 30 years. Given that the site has had a presence in North Ayrshire since the 1950s, with electrical power having been provided in the past from an on-site coal fired power station (now decommissioned), and a gas fired combined heat and power plant since the mid-1990s, the proposed wind farm development would be consistent with the ongoing need to adapt the business to changing economic and environmental conditions. Unlike the previous generations of power plants at DSM-Firmenich, which have involved the combustion of fossil fuels such as coal and natural gas at dedicated facilities within the site, it would not be possible to develop a wind farm capable of meeting the energy needs of the vitamin production lines within the factory site. The application highlights that the wind resource which can be harvested from turbines located on the higher ground levels to the northwest of Dalry would be better suited to the power consumption requirements of the factory during the coming decades, without causing air pollution nor the emission of greenhouse gases. In this respect, it is considered that the relatively short distance between the application site and the factory demonstrates a site-specific locational need, notably at a location where there are already large scale wind farm developments on the nearby hills west of the application site and where there is a sufficient wind resource. It is also noted that, in many views towards the proposed windfarm, especially from the south, southeast and northeast, the DSM-Firmenich site is also visible within the wider rural landscape around Dalry, thus reinforcing the link between the proposed development and the purpose it would serve, all within the landscape/visual context of the existing upland wind farms. It is therefore considered that the proposed development accords with the strategic policies of NPF4 and would be in the long term public interest. Environmental and technical aspects of the proposed wind farm development are addressed below within the relevant local development plan policies and, where applicable, the equivalent policies of NPF4 (eg. Policy 23 on health and safety impacts (including noise). 23
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Turning to the North Ayrshire LDP, which was adopted in November 2019, the following policies are applicable to the consideration of the proposal: Strategic Policy 1 (The Countryside Objective) (SP1) Part c) of SP1 states that, in principle, the Council will support proposals in the countryside for "developments with a demonstrable specific locational need including developments for renewable energy production ie. wind turbines, hydroelectric schemes and solar farms." In this case, it is proposed to develop a 6 turbine windfarm on a site near to several operational windfarms. The windfarm would supply electricity by private wire to DSM-Firmenich, a major employer located around 3km away in Dalry and within view of the proposed development. It is thus considered that the proposal has a specific locational need and accords with SP1. Strategic Policy 2 (Placemaking) (SP2) The intention of SP2 is to ensure that all development contributes to making quality places. It safeguards, and where possible enhances, environmental or amenity impacts. In this case, it is noted that the proposed wind farm would be sited in an upland location. Amenity and other impacts arising from the proposed development, such as noise, shadow flicker, telecommunications and aviation have all been considered in the information contained within the application. The Council's Environmental Health service has no objection in terms of the anticipated noise impacts subject to conditions. The proposed turbines would be selected to meet the required noise limits. Shadow flicker would be addressed by limiting the use of certain turbines for the duration of the predicted impacts. This would be controlled by settings which can be adjusted if and when necessary in the event of any unpredicted shadow flicker effects occurring. A condition would address this. Telecommunications and TV/radio impacts have been analysed and in the event of any adverse impacts, the applicant would work with the relevant operators to resolve them. A condition would address this. Safety impacts have also been considered and it is considered that the proposal satisfies NPF4 Policy 23 on health and safety impacts. Safety is specifically addressed under LDP Policy 29 below. Policy 14 (Green & Blue Infrastructure) The intention of this policy is to require that all proposals "seek to protect, create, enhance and/or enlarge our natural features and habitats which make up our green and blue infrastructure." As noted above, the proposed development would include various measures to enhance biodiversity within the site, including the enlargement of natural features through, for instance, peatland restoration and new woodland planting. The policy notes that "support will be given to proposals which seek to enhance biodiversity…. including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats." The implementation of the proposed development would take into account the presence of habitats, wildlife and peatland as identified in the submitted ecology studies contained within 24
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the EIA Report. The development would be compatible with the existing agricultural and forestry land uses of the site. None of the existing woodland area requires to be removed. The proposals would be acceptable in terms of Policy 14, subject to appropriate conditions. Policy 15 (Landscape and Seascape) This policy relates to the impact of development on both designated and non-designated landscape areas and seeks to both protect and enhance landscape character. The land is of limited value for agriculture and is used only for rough grazing by cattle and sheep. Significant parts of the site are dominated by rushes and boggy ground, with rock close to the surface and often visible. There are no national scenic or special landscape areas, nor areas of wild land, directly or indirectly affected by the proposed wind farm development. The visual impact on the locality would be significant, however, the proposed development would be viewed primarily from locations where windfarms are already an established feature in the upland landscape. The hilltop landform itself is not complex and does not exhibit any significant or unusual natural features. There is already a large quarry just to the south east of the application site which is visually intrusive when viewed from the south, east and northeast. Further east, there is a line of 40m high power lines (pylons) as well as numerous smaller scale overhead lines carried on timber poles. Therefore, whilst rural, the landscape already exhibits considerable human influence and evidence of past development. The proposed turbines, whilst taller than those at the existing windfarms nearby, would be sited on land that is 100m lower against a backdrop (to the west and north) of higher ground. The effect of this difference in ground level would mean that the proposed turbines would not exceed the height of the blade tips of the existing wind farms. In views to the east and northeast, the backdrop to the proposed wind farm would be of the existing windfarms on the higher ground. In views from the north and south, there would be a degree of separation (ie. the proposed and existing windfarms would not appear contiguous). The proposed windfarm would also be closer to the settlements of Dalry and Kilbirnie than those existing. However, as noted in the EIA Report and other supporting documents, the proposed development has been designed to keep the number and scale of the turbines to the minimum necessary to serve DSM-Firmenich. Smaller turbines of lesser height and scale would generate less power in comparison to the proposed turbines, and it is advised by the applicant that a greater number would be required in this scenario to achieve the required 25.6MW. Conversely, a smaller number than the six proposed would need to be larger in scale (up to 180m in height). Such turbines have been deemed inappropriate by the applicant's specialist advisers on the grounds of adverse landscape, visual and noise impacts on the locality. This approach is agreed with. In terms of the Council's non-statutory 2018 guidance on landscape capacity for wind farm developments in this part of North Ayrshire, it is noted that the proposed turbines would exceed the guideline heights of 50m. However, this guidance is non-statutory and therefore, greater weight must be afforded to NPF4 (dating from 2023 and part of the development plan), which states (within Policy 11 on Energy) that planning applications for wind farms, in terms of project design and mitigation, require to demonstrate how significant landscape and visual impacts are to be addressed, "recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable." 25
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The supporting information contained in the application demonstrates how landscape and visual impacts have been addressed. A core principle of EIA is to identify and mitigate effects in reaching a design solution for a proposed development. The submitted application represents the outcome of that work. As noted above, the proposed development would result in a visual impact, however, this would be localised and "to be expected" given the nature of the proposed development. However, it is not considered that the landscape and visual impacts would be significantly adverse, taking into account all existing developments within the surrounding landscape. In summary, the proposed development is considered acceptable in terms of Policy 15, given the policy framework contained within NPF4. Policy 17 (Clyde Muirshiel Regional Park) This policy states that proposals which affect the Regional Park must have regard to the Park's statutory purpose of providing recreational access to the countryside. In this instance, the proposed development is on the south east fringe of the designated area. It is considered unlikely to have any adverse impact on walking or other forms of recreation in the Park. There are no visitor facilities nor walking routes within the application site. Walkers would be likely to observe the proposed development from the nearby hills, including from the walking routes within the existing windfarms to the west. From the core areas of the Regional Park, it is unlikely that the proposed development would be visually intrusive given the screening effect of the upland landscape. Due to the topography of the landscape between the Garnock Valley and the North Coast, the development would not be visible from the coastal parts of the Regional Park. Given the existing windfarm developments in the immediate area, it is not considered that the proposed development would have any significant adverse effects on the experience of walkers or other visitors to the southern part of the Park. In summary, it is not considered that the proposed development would have any adverse effects on the Regional Park. Policy 29 (Energy Infrastructure Development) This policy states that support will be given to energy infrastructure development, including wind, where it will contribute to the transition to a low carbon economy and have no unacceptable adverse environmental impacts. The policy requires that consideration be given to environmental, community and public safety aspects of a development. In terms of environmental impacts, the proposals would be acceptable in terms of the detailed policies considered above, resulting in greatly reduced greenhouse gas emissions at DSM-Firmenich and producing a biodiversity net gain at the application site. In terms of community impacts, it is considered that the proposed development would contribute significantly to the future of the DSM-Firmenich plant in Dalry, which is a significant employer in North Ayrshire. It is not considered that the proposals would have any adverse impacts on tourism and recreation in the surrounding area. In terms of public safety, the issues relating to noise, shadow flicker and fire risk have been addressed above. There are no objections from Arqiva nor the Joint Radio Committee with respect to TV/radio signals and radio systems operated by the utilities companies. As noted, there are outstanding objections from Glasgow Airport, Glasgow Prestwick Airport and NATS en route. The applicant has engaged with the relevant consultees towards the resolution of these issues. However, it has not been possible to conclude these discussions 26
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during the processing period available to the planning authority for the determination of the application. In the interests of efficient handling of the application, and given the climate emergency, it is considered appropriate to reach a determination on the proposed development as soon as possible given that it accords with the development plan in all other respects. Conditions are recommended which would require the resolution of the aviation issues prior to the proposed development coming into operation, as is standard for matters of this nature. In summary, the proposals are considered to accord with Policy 29 of the LDP. To conclude, it is considered that the proposed development represents an important element in North Ayrshire's transition to a low carbon economy. The future of large energy intensive manufacturing plants increasingly depends on the availability of abundant and affordable clean renewable energy, which this proposal would deliver for DSM-Firmenich. Future job security and investment at the plant, which has been a significant economic driver for the Garnock Valley and North Ayrshire economy since the 1950s, depends on reducing energy costs and adverse environmental impacts (ie. greenhouse gas emissions). It is considered that the predicted impacts of the proposed wind farm have been planned for and satisfactorily resolved in the application, with conditions recommended where necessary. The applicant is committed to resolving the aviation objections with the relevant agencies before any development takes place. Due to the unresolved objections from aviation operators, notification to Scottish Ministers is required under the terms of The Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003. As part of this notification process, the Civil Aviation Authority, Glasgow Airport, Glasgow Prestwick Airport and NATS en route would also require to be informed. Conditions necessary for the regulation of the proposed development are set out below in compliance with the tests of Circular 4/1998. 4. Full Recommendation Approved subject to Conditions Condition 1. That, prior to the commencement of the development, details of the following shall be submitted to North Ayrshire 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; 27
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- 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. Such details as may be submitted shall be agreed in writing with North Ayrshire Council as Planning Authority, in consultation with the Civil Aviation Authority. For the purpose of this condition, "Airport Operator" means Glasgow Prestwick Airport Limited or any successor as holder of a licence under Article 205 of the Air Navigation Order 2016 from the Civil Aviation Authority to operate air traffic service equipment at Glasgow Prestwick Airport. 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 2. That, prior to the commencement of the development, details of the following shall be submitted to North Ayrshire Council as Planning Authority: - a binding undertaking from the developer to Glasgow 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. 28
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Such details as may be submitted to be agreed in writing with North Ayrshire Council as Planning Authority, in consultation with the Civil Aviation Authority. For the purpose of this condition, "Airport Operator" means Glasgow Airport Limited or any successor as holder of a licence under Article 205 of the Air Navigation Order 2016 from the Civil Aviation Authority to operate air traffic service equipment at Glasgow Airport. 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 3. That, prior to the commencement of the development, details of the following shall be submitted to North Ayrshire Council as Planning Authority: - a binding undertaking from the developer to the Operator to pay such sums demonstrably and reasonably incurred by the Operator in optimising the Operator's 3D INDRA SISTEMAS, S.A primary surveillance radar located at Lowther Hill by completing the following implementation services: (i) Identifying system modification required and design mitigations and adaptions; (ii) Developing configuration and system modification to embody design; (iii) Deploying configuration and system modification; (iv) Testing to confirm effectivity of deployed configuration and system modification; (v) Conducting flight test and any resulting system modification; (vi) Updating operational documents; Such details as may be submitted to be agreed in writing with North Ayrshire Council as Planning Authority, in consultation with the Civil Aviation Authority. Or, where the Operator confirms in writing to the developer that, following due assessment, the aforementioned mitigation would not be suitable for the described development, details of the following shall be submitted to North Ayrshire Council as Planning Authority prior to the commencement of the development: - a binding undertaking from the developer to the Operator to pay such sums demonstrably and reasonably incurred by the Operator in making changes to the Operator's operations and technical changes to the Operator's infrastructure by implementing a plot suppression zone which comprises blanking of the radar coverage from the Lowther Hill, Glasgow Airport and Cumbernauld primary surveillance radars and infill coverage from the existing infill radar(s), being either or both the Glasgow Airport Terma Scanter 4002 and/or the Glasgow Prestwick Airport Terma Scanter 4002, along with associated adaption changes (including those that may be required for Multi-Radar Tracking) by completing the following implementation services: (i) formally designing the mitigation scheme and validating the appropriate blanking zone; 29
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(ii) compiling the plot suppression zone software for the radar(s) that is (are) directly impacted by the development and undertaking installation and successful testing thereof into its Multi-Radar Tracking systems or the nominated radar head; (iii) populating, validating and updating where appropriate, the necessary safety case documentation as a direct result of the mitigation scheme implemented; (iv) populating, validating and updating where appropriate, the system documentation and procedures as a direct result of the mitigation scheme implemented; (v) deploying the adaptation data into the Operator's Multi-Radar Tracking system to deliver the mitigation; (vi) following successful deployment of the mitigation scheme, proceeding with the validation of implemented mitigation scheme and confirming the outcome of the validation to the developer promptly on completion; (vii) in parallel with the foregoing and where appropriate, generating and validating the Operator's Air Traffic Control procedures. Such details as may be submitted to be agreed in writing with North Ayrshire Council as Planning Authority, in consultation with the Civil Aviation Authority. For the purpose of this condition, "Operator" means NATS (En Route) plc, incorporated under the Companies Act (4129273) whose registered office is 4000 Parkway, Whiteley, Fareham, Hants PO15 7FL or such other organisation licensed from time to time under sections 5 and 6 of the Transport Act 2000 to provide air traffic services to the relevant managed area (within the meaning of section 40 of that Act). Reason To ensure the Operator is reimbursed for the actual costs it may incur in optimising its primary surveillance radar at Lowther Hill as a result of the development. Condition 4. That, unless otherwise indicated below, the development shall be implemented in accordance with the submitted plans, drawings and recommendations contained in the application (inclusive of the EIA Report and associated supporting documentation), all to the satisfaction of North Ayrshire Council as Planning Authority. Reason To secure the implementation of the development in accordance with the supporting information. Condition 5. That, prior to the commencement of the development, the applicant/developer shall submit final details of the wind turbines to be erected for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the development shall be implemented in accordance with the details as may be approved and to the satisfaction of North Ayrshire Council as Planning Authority. 30
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Reason To finalise the specification for the wind turbines development in accordance with the supporting information. Condition 6. That, prior to the commencement of the development, the applicant/developer shall submit an aviation lighting scheme for the approval of North Ayrshire Council in conjunction with the Ministry of Defence defining how the development will be lit throughout its life to maintain civil and military aviation safety requirements as determined necessary for aviation safety by the Ministry of Defence. The scheme shall set out: a) details of any construction equipment and temporal structures with a total height of 50 metres or greater (above ground level) that will be deployed during the construction of wind turbine generators and details of any aviation warning lighting that they will be fitted with; b) the locations and heights of all wind turbine generators and any anemometry mast featured in the development identifying those that will be fitted with aviation warning lighting identifying the position of the lights on the wind turbines; and c) the type(s) of lights that will be fitted and the performance specification(s) of the lighting type(s) to be used. Thereafter, the applicant/developer must exhibit such lights as detailed in the approved aviation lighting scheme. The lighting installed shall remain operational for the lifetime of the development. Reason To maintain aviation safety. Condition 7. That, prior to the commencement of the development, the applicant/developer shall submit a Construction Environmental Management Plan (inclusive of a construction traffic management plan) for the written approval of North Ayrshire Council as Planning Authority, the scope and content of which shall be informed by the EIA Report and other supporting documents. 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. Reason In the interests of environmental protection, safety and amenity during the construction phase. Condition 8. That, prior to the commencement of the development, a Wind Farm Shadow Flicker Protocol shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority by the applicant/developer. The Protocol shall be informed by the evidence submitted in the EIA Report (specifically Chapter 11: Shadow Flicker and associated Figures and Appendices) and 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. In the event of a valid complaint being 31
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received by the Council the Protocol shall be implemented by the applicant/developer/operator. The turbines will thereafter only be operated in accordance with any Protocol as may be agreed. Reason In the interests of residential amenity. Condition 9. That, prior to the commencement of the development, a Television and Radio Signals Reception Mitigation Plan shall be submitted to and approved in writing by North Ayrshire Council as Planning Authority by the applicant/developer. The Television and Radio Signals Reception Mitigation Plan shall provide for a baseline television, radio and mobile telecommunications reception survey to be carried out prior to the installation of any turbine forming part of the development, the results of which shall be submitted to North Ayrshire Council as Planning Authority. For the avoidance of doubt the scheme shall include, but not be limited to: - details of publication and publicity for the scheme; - timescale for investigation of any claims within a reasonable timescale; - details for reporting mechanism to the Planning Authority the number of complaints/claims; - details of the length of the operation of the mitigation scheme. This shall be no less than 18 months of the first export of electricity from the site; and - details of the bond to be placed with the Planning Authority to ensure funds are available to deliver the mitigation plan. Thereafter, the approved Television and Radio Signals Reception Mitigation Plan shall be fully implemented to the satisfaction of North Ayrshire Council as Planning Authority. Any claim by any individual person regarding signal loss or interference at their house, business premises or other building, made during the period from installation of any turbine forming part of the development to the date falling twelve months after the date of final commissioning, shall be investigated by a qualified engineer appointed by the applicant/developer and the results shall be submitted to the Planning Authority. Should any impairment to the television or radio signals be attributable to the development, the applicant/developer/operator shall remedy such impairment so that the standard of reception at the affected property is equivalent to the baseline reception. Reason To ensure television and radio signals are sustained during the construction and operation of the development. Condition 10. That, prior to the commencement of the development, the applicant/developer shall secure the implementation of a programme of archaeological works in accordance with a written scheme of investigation (WSI). The WSI shall be submitted to North Ayrshire Council as Planning Authority for consultation with the West of Scotland Archaeology Service. Following approval of the WSI by North Ayrshire Council as Planning Authority, the applicant/developer 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 North Ayrshire Council as Planning Authority. 32
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Reason To facilitate the investigation and recording of any archaeological remains buried at the site. Condition 11. 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, confirmation 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 12. That, at least 14 days prior to the commencement of the development, the applicant/developer shall provide written notification to the Ministry of Defence of the following: a) the date of the commencement of the erection of wind turbines; b) the maximum height of any construction equipment to be used in the erection of the wind turbines; c) the date the wind turbines are to be brought into use; d) the latitude and longitude and maximum heights of each wind turbine generator, and any anemometer mast(s). The Ministry of Defence must be notified of any changes to the information supplied in accordance with these requirements and of the completion of the construction of the development. Reason To maintain aviation safety. Condition 13. That, prior to the commencement of any woodland planting and habitat creation works, the applicant/developer shall submit for the written approval of North Ayrshire Council as Planning Authority a detailed scheme based on the submitted Outline Habitat Management Plan. The scheme shall include full details of: - potential impacts on priority peatland habitats; - soil scrapes; - tree species and planting densities; - all other habitat improvements; and - future aftercare. 33
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Thereafter, the scheme as may be approved shall be implemented prior the development becoming operational and retained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of amenity, biodiversity and habitat creation. Condition 14. That the construction, operation and maintenance of the development shall not result in the obstruction or contamination of any private water supply in the area. Reason To safeguard the water environment. Condition 15. That the noise immission level from the wind turbines shall be controlled to a level to ensure that, when assessed at nearby noise sensitive premises, it shall not exceed the noise limits set out in Tables 9.1-9.7 of revised Appendix 9.7 of the Swinlees Wind Farm- Environmental Impact Assessment Report-Noise (Version 3-Tabulated Noise Limits dated 14 January 2025). The turbine noise immission levels shall be correlated to standardised wind speed at 10 metre height and shall be assessed from turbine cut-in up to and including 10 m/s. If the operation of a wind turbine when assessed at any noise sensitive premises results in an audible tone, then the appropriate penalty in accordance with ETSU-R-97 shall be added to the measured level when determining compliance with this condition. Reason To safeguard the amenity of noise sensitive properties within the vicinity of the site. Condition 16. That, in the event of a noise complaint being received by North Ayrshire Council as Planning Authority, the operator of the turbines will arrange for compliance monitoring to be undertaken by a competent person (eg. an acoustic consultant) to demonstrate compliance with condition 15. The applicant will require to consult with and obtain the prior written agreement of North Ayrshire Council as to the appropriate methodology of undertaking the monitoring. The programme of monitoring must commence within 28 days of the applicant being notified of the complaint and the results presented to North Ayrshire Council no later than 28 days after the cessation of the monitoring. Reason To safeguard the amenity of noise sensitive properties within the vicinity of the site. Condition 17. That, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority, the site shall be decommissioned after 30 years of becoming operational. A decommissioning plan shall be submitted for the written approval of North Ayrshire Council as Planning Authority during the 29th year of operation, which shall include details of restoration and aftercare for the site. Thereafter, the decommissioning plan shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority. 34
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Reason To safeguard the amenity of the site and its surroundings. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318. 35
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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. 36
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NORTH AYRSHIRE COUNCIL 19th February 2025 Planning Committee Locality Three Towns Reference 24/00912/CON Application Registered 10th December 2024 Decision Due 10th April 2025 Ward Ardrossan Recommendation Approved subject to Conditions __________________________________________________________________ Location Site To North West Of High Boydstone Farm Ardrossan North Ayrshire Applicant Julie Carlyle Proposal Installation of a battery energy storage system and associated infrastructure with a generating capacity of up to 100MW (a consultation from the Scottish Government Energy Consents Unit ref. ECU00005094) ___________________________________________________________________ 1. Description This can be ascertained by reference plans and photographs. The Scottish Government's Energy Consents Unit has consulted the Council, as Planning Authority, on an application they have received under S.36 of the Electricity Act 1989, as amended. The application is for the 'Construction and operation of a battery energy storage system (BESS), with a capacity in excess of 50 MW, with associated access and infrastructure.' S. 36 of the Electricity Act states that consent is required from the Scottish Ministers for the construction of such facilities with a capacity exceeding 50 megawatts. The Energy Consents Units, in accordance with The Electricity (Applications for Consent) Regulations 1990, has sought the views of the Council, as Planning Authority. The Council has until 10th April 2025 to respond. The site is largely to the north and north-west of High Boydstone Farm, which is operated as a skip hire business with a waste transfer and recycling facility. The site is some 5ha in area. Agenda Item 4 37
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The land is currently rough grazing. Ardrossan High Road runs through the middle of the site effectively creating two compounds. The site is relatively flat with a slight rise from east to west. The site effectively sits at a lower level to the immediately surrounding landscape. The compound on the western side of Ardrossan Road would house the battery storage equipment enclosed by a security fence. The indicative information provided suggests that the battery containers would be some 2.9m in height, with the associated plant and equipment, including auxiliary transformers and switchgear, being between 2.17m and 2.9m in height. A water tank some. 3.5m in height would be located in this compound. The security fence would be some 3m in height. The southern side of the equipment would have an acoustic fence, some 4m in height. The compound on the eastern side of Ardrossan Road would house high-voltage transformers and a sub-station area including workers facilities, again enclosed by a 3m high security fence. The transformers would be up-to some 6.5m in height with the facilities building being some 4m in height. A bund would be created to the east of the eastern compound and the application site would be enclosed by a 1.2m stock fence. A partially open culverted field drainage channel flows through the site. The site would be landscaped with woodland edge and tree planting to the west and east. The internal areas not covered by hardstanding would be a mix of meadow and wetland meadow planting. Tree and hedgerow planting would occur on the northern and southern boundaries with tree specimens also planted on the hedgerow facing the road. The closest part of the compounds would be some 110m from High Boydstone House with Da Mar, High Boydstone some 185m distant, both to the south-east. These are the two closest residential properties to the application site, and both sit to the south of the skip hire business. The site is within the Countryside as identified in the Local Development Plan (LDP.) There are no site-specific designations for the area and the nearest identified nature asset is a Local Nature Conservation Site some 700m distant. The proposal requires to be assessed against Policy 1: Tackling the climate and nature crises; Policy 3: Biodiversity; Policy 11: Energy; Policy 14: Design, quality and place; and Policy 29: Rural development of NPF4. The proposal requires to be assessed against Strategic Policy 1: The Countryside Objective; Strategic Policy 2: Placemaking; Policy 29: Energy Infrastructure Development of the LDP. Relevant Planning History None. Relevant Development Plan Policies The LDP can be viewed at the link below. LDP November 2019 NPF4 can be viewed at the link below 38
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National Planning Framework 4 2. Consultations and Representations The Council, as Planning Authority, is not required to carry out any consultations or notification. The Energy Consents Unit will carry out such consultations as they consider appropriate. NAC Environmental Health note that the submitted noise impact assessment confirms that the operation of the plant/equipment should not exceed the levels outlined in BS:4142. A condition requiring the operation to not exceed 35dB at the curtilage of noise sensitive receptors is suggested. It is also suggested that a Construction Dust Management Plan be prepared, and they suggest SEPA should be consulted in respect of drainage. Response: Noted. Conditions relating to noise and dust management could be recommended in the consultation response. The ECU can consult with SEPA as they see fit. NAC Flooding has no objections. They consider that a suitable maintenance plan for all drainage aspects of the site be created. This is to reduce the chance of blockages and reduce flood risk to the site and Ardrossan High Road. They also suggest that a flood free pedestrian route from the workers facility in the eastern compound to the road be incorporated and maintained. Response: Noted. Conditions relating a maintenance plan for drainage and the submission of details of flood free pedestrian route could be recommended in the consultation response. NAC Active Travel and Transportation (Roads) has no objection. They state that the applicant must contact the Roads Authority to discuss the private apparatus under the road. They state that a Temporary Traffic Restriction Order (TRRO) to reduce the speed limit on Ardrossan High Road to 30mph should be sought. A pre-construction survey should be carried out with the Roads Authority. No vehicles should park on the B780 and passing places should be agreed with the Roads Authority. Both compounds should have sufficient space for vehicle manoeuvring and construction vehicles should not use specific local roads including approaching the site from West Kilbride. Response: Noted. A Construction Management Plan has been submitted with the application. However, a condition requiring this to be reviewed and, if necessary updated, to include the specific details of construction vehicle management and routes could be recommended in the consultation response. The other matters have been raised with the applicant and they are in discussions with the Roads Authority. 3. Analysis Policy 1 of NPF4 states that when considering all development proposals significant weight will be given to the global climate and nature crises. 39
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Policy 29 of NPF4 states that development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported for a range of development including essential infrastructure. Such developments should be suitable scaled, sited and designed to be in keeping with the character of the area. Strategic Policy 1: The Countryside Objective states that in principle support will be given to development in the countryside with a site-specific locational need, including renewable energy. The proposal is for a Battery Energy Storage System (BESS) with a storage capacity of 100MW. The BESS is proposed for easing the stability of the electricity grid and the amount of renewable energy that can be delivered to the grid network. The BESS would store electricity during periods of peak generation and release stored electricity during periods of peak demand. It is noted that the BESS will not generate any additional electricity and will not create any emissions. It is also noted that the proposed location is in close proximity to the renewable energy generated at the Ardrossan Wind Farm. The BESS would store electricity which is most likely to be from renewable sources. A Preliminary Ecological Appraisal has been submitted that identifies the site as largely grassland with no evidence of protected species. Landscaping to enhance biodiversity is proposed, which is considered further below. The proposal would contribute to tackling the global climate crisis. Whilst it does not generate electricity it would store renewable energy and as such it is considered to have a site-specific locational need in proximity to the existing wind turbines. The scale, siting and design are considered further below. However, the proposal is considered to accord with Policy 1 of NPF4, Strategic Policy 1 of LDP and the principle of Policy 29 of NPF4. Policy 11 of NPF4 states that development proposal for all forms of renewable, low-carbon and zero emission technologies will be supported including battery storage. Applications should demonstrate how specific impacts will be addressed. Policy 29 of the LDP is very similar in that it states that support will be given to energy infrastructure development where it will contribute to the transition to a low carbon economy and have no unacceptable adverse environmental impacts. The relevant factors in this instance are considered to be impacts on residential amenity by way of noise, landscape, road traffic and access and the natural environment. The proposal supports the provisions of a low carbon economy. Strategic Policy 2 of the LDP sets out the qualities of a successful place including the visual, amenity and access considerations for a development. Policy 14 of NPF4 is essentially a reiteration of Strategic Policy 2. In terms of amenity, the nearest residential properties are approx. 110m to the south-east. The next nearest are some 490m to the north-west. The settlement of West Kilbride is some 2.1km to the north-west whilst Ardrossan is some 1.5km to the south-east. NAC Environmental Health has no objection to the proposal, and it could be recommended that a condition be added to any consent controlling the noise levels. NAC Environmental Health also has powers to control any statutory noise nuisance. A condition could also be suggested requiring agreement of a Dust Management Plan to minimise potential dust disturbance during construction. 40
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Conditions relating to agreeing a Construction Management Plan to minimise potential disruption during the construction period, including in terms of construction vehicles routes and impact on Ardrossan Hight Road could also be requested as a condition of any consent. The development would have a utilitarian appearance, as may be expected for such a type of development. The western part of the site sits largely to the south of an existing area of woodland with the land rising to the west and south. The eastern part of the site would be sited to the south of an existing field boundary and north of the yard of the skip hire business. The land rises slightly to the north and rises steeply to the east with the Ardrossan Wind Farm on the hills beyond. The applicant proposes landscape screening for the eastern and western edges of the site. This would comprise a woodland edge mix comprising alder, birch, willow, rowan, hawthorn, sessile oak, blackthorn and hazel. Specific specimens of alder, downey birch and aspen are also proposed. At the eastern end of the site, the northern boundary of the western compound and along the boundaries with Ardrossan High Road, it is proposed to plant new and/or strengthen existing hedgerows. The applicant has produced a Landscape Visual Assessment which considers the potential impact from various vantage points including the edges of West Kilbride, Ardrossan and the local landmark of Law Hill. The assessment considers Year 1, Year 5 and Year 15 following completion of the development. It concludes that the application site would not be visible from the settlements and would be barely visible in long views which would be largely mitigated within 15 years with the landscaping. In shorter views, the existing topography, buildings and woodland will largely screen the site. The areas which would be visible would again be largely mitigated within 15 years. These works would have the effect of screening the site from all but the closest of vantage points. A condition could be proposed requiring the landscaping to be carried out and maintained. Details of the buildings finish materials could also be sought. Subject to such conditions it is considered the proposal accords with Strategic Policy 2 of the LDP and Policy 14 of NPF4 and the detail of Policy 29 of NPF4. Policy 3 of NPF4 states that development 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. The proposed landscaping outlined above would be complemented by pockets of woodland planting within the site. The non-developed areas of the site would be seeding with wild meadow plants. Around the wooded areas this would be species-rich wildflower and grass mix. Next to a field drain, which runs through the site, the mix would comprise wildflowers and grasses suitable for wetter environments. A wildflower meadow some 1.2ha in area in would be created to the east of the site beyond the proposed woodland edge planting. In total approx. 3ha of the site would be landscaped. The application includes a Preliminary Ecological Appraisal and a Biodiversity Net Gains Feasibility Study. These include proposals upon which the landscaping is based. This also includes opportunities such as log piles to support small mammals, invertebrates, reptiles and amphibians, and the installation of bird and bat nesting boxes. It is noted that 41
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NatureScot has been consulted by the Energy Consent Unit. NatureScot are pleased to note the opportunities identified in line with NPF4 and guidance. As above a condition could be proposed requiring the landscaping to be carried out and maintained as could a condition confirming the biodiversity enhancement proposals. It is considered the proposal accords with Policy 3 of NPF4. Given all of the above it is considered that the proposal accords with Policy 11 of NPF4 and Policy 29 of the LDP in that it is development which supports the provision of a low-carbon economy with no unacceptable adverse environmental impacts. It is therefore recommended that the Council, as Planning Authority, does not object and suggests the attached conditions. 4. Full Recommendation No objections. Recommend the following Conditions Condition 1. Prior to the commencement of the development a Construction Environment Management Plan (CEMP) including a Dust Management Plan, and details for monitoring and action against non-compliance of the CEMP, shall be submitted to North Ayrshire Council, as Planning Authority, for approval. Thereafter the construction shall be carried out only as approved by the Plan. For the avoidance of doubt this shall include the prohibition of the use of routes through West Kilbride, Dalry and all local non-classified roads by construction vehicles. Reason Reason: To ensure the construction of the development is carried out in an appropriate manner with particular regard to safety of road users and the amenity of the area. Condition 2. That prior to the commencement of the development, details of the proposed landscaping be submitted to the Council, as Planning Authority, for approval. Any planting etc as may be approved shall be carried out in the first planting season and seeding season following the completion of the development. Any trees, plants etc. which, within a period of five years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a similar size and species, unless North Ayrshire Council as Planning Authority gives written consent to any variation. Reason Reason: To ensure the biodiversity enhancement proposals are undertaken Condition 3. That prior to the commencement of the development, confirmation of the biodiversity enhancement measures, set out in part 6 of the Preliminary Ecological Appraisal dated December 2023 prepared by Envirocentre, shall be submitted to North Ayrshire Council, as Planning Authority, for approval. Any measures as may be approved shall be carried out to the satisfaction of North Ayrshire Council, as Planning Authority, prior to the development becoming operational or in a timescale to be agreed. The measures shall thereafter be 42
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retained for the duration of the operation of the development unless otherwise agreed in writing with the Planning Authority. Reason Reason: To ensure the biodiversity enhancement proposals are undertaken Condition 4. Prior to the commencement of the development, details of the external finishes of the buildings shall be submitted to the Council, as Planning Authority, for approval. The development will thereafter be carried out in accordance with any details approved. Reason Reason: To ensure appropriate finishes to the buildings in the interest of visual amenity. Condition 5. Prior to the commencement of the development, details of flood free pedestrian routes from any potentially occupied building be submitted to North Ayrshire Council, as Planning Authority, for approval. Thereafter the site shall be constructed to incorporate such routes, and such routes will be retained in perpetuity. Reason Reason: To ensure safe pedestrian egress in the event of a flood. Condition 6. That prior to the site becoming operational, a maintenance plan for all drainage aspects of the site shall be submitted to North Ayrshire Council, as Planning Authority, for approval. Thereafter the drainage aspects shall be maintained in accordance with any such plan. Reason Reason: To ensure that the drainage of the site is appropriately maintained in the interest of flood management. Condition 7. That the rated noise level, as defined in BS:4142, from the operation of the proposed battery energy storage facility, must not exceed 35dB at the curtilage of all noise sensitive receptors existing or consented at the time of this consent. Reason Reason: To ensure the development is operated at an appropriate noise level in the interests of amenity and the potential development of the wider area. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320. 43
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NORTH AYRSHIRE COUNCIL 19th February 2025 Planning Committee Locality Reference 24/00945/PP Application Registered 6th January 2025 Decision Due 6th March 2025 Ward Saltcoats And Stevenston Recommendation Approved with no Conditions __________________________________________________________________ Location 42 New Street Stevenston North Ayrshire KA20 3HD Applicant Europe Jersey Ltd Proposal Change of use from public house to dwelling flat ___________________________________________________________________ 1. Description This can be ascertained by reference to the attached plans and photographs. Permission is sought for the change of use of a public house to a dwelling flat. The site is the ground floor south-westmost corner of a one and a half storey building which sits on the corner of New Street and Afton Road. The rest of the building comprises a mix of commercial and residential uses as set out below: • Flatted properties to the immediate east on the ground floor - Nos. 18A to F and 19A to L Afton Road. • A bookmaker to the immediate north on the ground floor - No. 40 New Street. • Flatted properties to the north and above the bookmakers and partially above the application site - Nos. 36A to F New Street. • Shop units and a hot-food takeaway on the northern side of the building - Nos. 28 to 34 New Street; and • Flatted properties on the north-easternmost corner of the building - Nos. 26A and B New Street. Agenda Item 5 45
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To the immediate east of the site is the Three Towns Care Home, to the immediate south across Afton Road is sheltered residential accommodation. The internal floor space of the application property is some 222sqm in area. It is proposed to create a 4-bedroom property with each bedroom being a minimum of 18.5sqm in area. There would be two reception rooms, a kitchen, bathroom and storerooms. Space for four bins would be provided to the rear. It is proposed to install two windows on the western elevation facing New Street. It is also proposed to change an existing door in a recess onto Afton Road into a window. The recess would be enclosed with a 1.2m high timber gate. All applications require to be assessed against the development plan, which consists of the Local Development Plan (LDP) and National Planning Framework 4 (NPF4), and any other material considerations. The site is identified as being in the Town Centre of Stevenston in the adopted Local Development Plan (LDP). The proposal therefore requires to be assessed against Policy 14: Design, quality and place, Policy 15: Local living and Policy 27: Town centres of NPF3 and Strategic Policy 2 and Policy 3: Town Centres of the LDP. The Stevenston Local Plance 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 None. 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 Neighbour notification was carried out. No public comments were received. Stevenston Community Council object to the proposal. They consider there would be a negative impact on the local economy by way of loss of employment opportunities and loss of footfall to the town centre. They consider that the character of the town centre would be eroded. They consider the loss of a public house within the town centre risks undermining its identity and function as a 46
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commercial and social hub. There should be a mix of business and amenities to serve both residents and visitors within a town centre. They consider the proposal is counter to the objectives set out in the Local Place Plan. A key focus of that plan is the economic regeneration of the town centre. The plan emphasises the need to reverse the loss of business space within the town centre and this proposal would hinder efforts to achieve sustainable growth. Response: The Community Council comments are noted. The applicant has submitted a response to the comments as follows: The applicant advises that the pub has been trading negatively for more than a year and continued operation cannot be sustained. The pub will close regardless of the outcome of the application. They consider that a boarded-up pub would contribute nothing to the Town Centre and would negatively impact on the quality of environment. A four-bedroom property would help maintain life in the town centre and be sympathetic to the neighbouring residential developments. In terms of the Council's information, the Council commissioned a Retail Capacity Study in 2024. This found the Stevenston Town Centre had 45 commercial units (2887sqm GFA). Of the units 40 were in retail or service (e.g. health & beauty, hot-food takeaway, cafes, estate agents and pubs) use. Five units were found to be vacant. There are 5 public houses within the Town Centre - the application site, the Pop Inn (directly opposite), the Cross Keys, the Champion Shell (a Category B Listed Building) and Rankins (currently vacant). Public houses therefore currently make up approx. 11% of the commercial units in the Town Centre. Changing the use of this property would mean approx. 9% of the units would be in public house use. It is noted that most of the service uses, bar the public houses, could be changed to retail use without planning permission under the Town and Country Planning (General Permitted Development) (Scotland) Order, as amended. The use is considered more fully below in respect of impact on the Town Centre and development plan polices. Publicity:- Not Advertised Site Notices:- No Site Notice 3. Analysis The site is identified as being within the Town Centre of Stevenston where a wide range of uses can be acceptable. Policy 15 of NPF4 states that development proposals will contribute to local living. Policy 27 of NPF4 states that development proposals that enhance and improve the vitality and viability of town centres will be supported. The policy outcome is to create centres that are vibrant places for people to live, learn, work, enjoy and visit. 47
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Policy 3 of the LDP states that support will be given to development in Town Centres which positively contribute to factors including the role and function of the town centre, its vitality, viability and vibrancy by enhancing and diversifying the mix of uses, and accessibility. The proposed residential use would be within a building with an existing mix of uses, including residential. The Town Centre has 45 commercial units, of which 40 were in use when the Council's Retail Capacity Study of 2024 was published. The commercial units are in a range of uses including retail, hair/beauty/health services, cafes, hot-food takeaway, estate agents/solicitors' offices and public houses. Permission was granted in 2024 to turn a former supermarket and charity shop into a softplay and café (ref: 24/00471/PP). The Stevenston Public Library is within the Town Centre as are masonic and church halls. There are a range of tenure and residential types, some light industry and parking and open space within the Town Centre. It is therefore considered that the Town Centre has a wide variety of uses within its area. This proposal would result in the addition of one 4-bedroom residential property which is in keeping with the mix of uses. One public house use would be lost. This would comprise approx. 2% of the commercial uses in the town centre and four public houses would remain. It is noted that one of the public houses is currently vacant and in a dilapidated condition. It is also noted that an owner of any such property is under no obligation to keep a public house open, and that a property not put to a suitable use can have adverse impacts on the wider area. Stevenston Community Council's concerns over loss of footfall from the closure of the pub is noted. However, the creation of a 4-bedroom house would contribute to local living and the viability of the Town Centre. It is therefore considered that the proposal accords with Policy 15 and Policy 27 of NPF4 and Policy 3 of the LDP. Policy 14 of NPF4 and Strategic Policy 2 of the LDP sets out the six qualities of a successful place. The relevant qualities in respect of this application are considered to be 'distinctive,' 'pleasant/safe and pleasant' and 'connected/easy to move around and beyond.' Physical works are proposed to the exterior of the building. These include the installation of two windows on the western (New Street) elevation. This elevation is currently blank between the entrance and the adjoining bookmakers. The proposed windows would be in keeping with the appearance of the building and are considered to be acceptable in design terms. They would provide an outlook on an existing blank wall improving the appearance of the building and providing additional overlooking of the pavement in the interests of security. The other proposed external work is to change the door on the Afton Road elevation to a window and install a 1.2m high gate across the recess entrance. These works would be adjacent to and across from existing residential properties and are considered acceptable given the building and the more residential character of Afton Road. Apart from a bookmaker, the adjoining parts of the building are residential. It is considered that the proposed residential use would have less amenity impacts than the public house. The new windows look over the street and do not give rise to any privacy concerns for neighbouring residences. There is space for sufficient bins storage to the rear of the property and the existing properties are already serviced from this location. 48
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Being in the Town Centre the property is near the shops and amenities listed above. There are bus stops on New Street and Fullerton Place to the north which cater for local services as well as services to Largs, Saltcoats, Ardrossan, Irvine, Ayr, Kilmarnock and Glasgow. The train station is some 680m to the south. No off-street parking is proposed. The Council's Supplementary Street Development Guide, approved by the Planning Committee January 2025, states that in town centre locations where services are readily available off-street parking may not be required. Given the services set out above, it is not considered that any parking is required. However, the rear service yard with space for vehicles is noted as are the car parks within the Town Centre. On-street parking is available to the east on Afton Road and further south on New Street. Given all of the above, the proposal is considered to accord with relevant qualities of a successful place as set out in Policy 14 of NPF4 and Strategic Policy 2 of the LDP. The Stevenston Local Place Plan is a material consideration for the application. The Community Council's objections have been noted. It is also noted that the Local Place Plan seeks fundamental structural change for the Town Centre. The Local Place Plan considers the Town Centre to be poorly organised and lacking civic space and shops. The changes required may need to involve the demolition of buildings to create a square fringed with shops. The Rankins pub building is identified as being in a poor state of repair and it is considered that site should be demolished and used to create new Council housing. It is not considered that the use of the application property as a residence would be at odds with the desires of the Local Place Plan. The rest of the building is in use for commercial and residential purposes and if some fundamental structural changes were proposed this property could only be considered in conjunction with the rest of the building. Notwithstanding, no such restructuring is being proposed. This application must be determined on its own merits. The comments of the applicant with regards the viability of the existing public house are also noted. Whilst a closed public house could reopen the vacant Rankins suggests that there may not be a viable market. The Town Centre would retain three public houses, and the experience of Rankins also suggests a vacant building with no prospect of alternative use could be harmful to the Town Centre. The proposal accords with the development plan and there are no material considerations to the contrary. Planning permission can therefore be granted. 4. Full Recommendation Approved with no Conditions Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320. 49
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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. 50