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250219 Planning Minute

North Ayrshire Council · 19 March 2025
Back to Planning Committee — 19 March 2025 and its agenda

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Planning Committee
19 February 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)
Robert Foster, Cameron Inglis, Stewart Ferguson, Davina McTiernan, Ian Murdoch
and Ronnie Stalker. 
Present (Remote Participation)
Jim Montgomerie and Chloé Robertson. 
In Attendance (Physical Participation)
A. Finlayson, Chief Planning Officer (Communities and Housing); 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
Scott Davidson and Amanda Kerr. 
Chair
Councillor Foster in the Chair. 
1. Declarations of Interest 
There were no declarations of interest by Members in terms of Standing Order
11 and Section 5 of the Code of Conduct for Councillors. 
2. Minutes 
The Minutes of the Meeting held on 22 January 2025 were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
3.  24/00843/PPM - South Hourat Farm, Dalry KA24 5LA 
Submitted a report by the Chief Planning Officer 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. The location plan was attached at Appendix 1 to the report. 
The Committee noted no deputation requests were received for this application. 
Officers responded to Members’ questions on various aspects of the report and
Councillor Inglis, seconded by Councillor Robertson, proposed a motion to grant
planning permission subject to the conditions detailed in the report. Councillor
Murdoch proposed an amendment that planning permission be refused based on the
4.3MW output of the wind turbines, proximity to individual residences and the town of

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Dalry and potential health impacts due to Infrasound and Low-Frequency Noise
(ILFN). There being no seconder, the amendment fell, and the motion was declared
carried. Planning permission was granted subject to (a) 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 and (b) the following conditions: 
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; - 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. 
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;

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(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 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. 
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

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be required for Multi-Radar Tracking) by completing the following
implementation services: 
(i) formally designing the mitigation scheme and validating the appropriate
blanking zone; 
(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). 
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. 
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. 
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:

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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. 
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. 
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. 
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 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. 
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;

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 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. 
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. 
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. 
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;

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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. 
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.   
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. 
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. 
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 FarmEnvironmental 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. 
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.

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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. 
4.  24/00912/CON - Site To North West Of High Boydstone Farm Ardrossan 
Submitted a report by the Chief Planning Officer seeking planning permission
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). 
The Committee noted no deputation requests were received for this application. 
The Committee unanimously agreed to grant planning permission subject to the
following conditions: 
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.
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.
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 retained for the duration of the operation of the development
unless otherwise agreed in writing with the Planning Authority.
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.

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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.
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.
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. 
5. 24/00945/PP – 42 New Street, Stevenston North Ayrshire KA20 3HD 
Submitted a report by the Chief Planning Officer seeking planning permission to
change use from a public house to a dwelling flat. The location plan was attached at
Appendix 1 to the report. 
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 McTiernan, seconded by Councillor Montgomerie,
the Committee unanimously agreed to approve planning permission. 
6. Urgent Items 
There were no urgent items. 
The meeting ended at 2.55p.m. 
The full meeting proceedings can be viewed at
https://north-ayrshire.public-i.tv/core/portal/home