250219 Planning Minute
North Ayrshire Council · 19 March 2025
Back to Planning Committee — 19 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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