24-00327- Sannox Sand Quarry Sannox Brodick Isle Of Arran KA27 8JD
North Ayrshire Council · 19 March 2025
Back to Planning Committee — 19 March 2025 and its agenda
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NORTH AYRSHIRE COUNCIL 19th March 2025 Planning Committee Locality Isle of Arran Reference 24/00327/ALO Application Registered 17th April 2024 Decision Due 17th June 2024 Ward Arran Recommendation Approved with no Conditions __________________________________________________________________ Location Sannox Sand Quarry Sannox Brodick Isle Of Arran North Ayrshire KA27 8JD Applicant John Thomson Construction Ltd F.a.o Mr Benjamin Cook Proposal Discharge of S.75 agreement which was initially put in place in 1999 in connection with planning permission 97/00653/PP and subsequently varied in 2012 in connection with planning permission 10/00212/PP ___________________________________________________________________ 1. Description This can be ascertained by reference to the attached plans and photographs. The application seeks permission to discharge a legal obligation which was entered into under Section 75 of the Town and Country Planning (Scotland) Act 1997 in relation to the operation of a sand and gravel quarry at Sannox, Isle of Arran and to refund the associated sum of money deposited with the Council by the applicant at the time as a bond for the future restoration of the quarry area. The legal agreement was originally in relation to the conditional planning permission 97/00653/PP (N/01/97/0207) which was granted by the planning committee on 3rd March 1999, subject to a legal agreement being made to cover potential future restoration costs for the site. The planning permission was subsequently issued following legal agreement.
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Legal Services has previously confirmed the background timeline of the bond amount as being: July 1999 - S75 legal agreement between John Thomson Construction Ltd (JTC) as operator, Sannox Estates as landowner and North Ayrshire Council in relation to planning permission 97/00653/PP; January 2002 - confirmation by JTC of a £10,000 supporting restoration bond from Bank of Scotland being in place; 2010 - Planning permission 10/00212/PP granted for continuation of quarrying operations until 2021; 2012 - A Minute of Variation of the existing Section 75 Agreement was concluded which required JTC to lodge a cash sum of £10,000 with the Council, which was lodged with Finance Services at the time; Legal Services have confirmed that, in accordance with Clause Two of the 2012 Variation, the cash was submitted and was to be held by the Council until the subjects are restored to (the Council's) reasonable satisfaction. The planning permission for the site has since been subsequently extended for further periods, most recently in planning permission 20/00710/PP for continuation of the existing quarrying operations and future westward extension of the quarry, which was granted at planning committee on 25th February 2021. 20/00710/PP was granted subject to twelve conditions, which largely replicated previous planning conditions on the operation of the quarry. A new Condition 1 required the agreement and provision of documentary evidence of a sufficient bond amount for restoration of the future extended quarry area being in place prior to the commencement of the westward expansion. Following advice provided to the Council by its engaged advisors, Alan Doak Consulting, a new Condition 2 was also applied which introduced the requirement for regular (four yearly) reporting of the extent of ongoing works and projected works for the following four year period. This was to allow an audit of existing operations and thus ensure that sufficient financial protection arrangements will always be in place for any required site restoration. The advice given by the consultants had been that this is now common industry practice in such matters, rather than the deposit of a lump sum of cash secured by legal agreement and it is noted that this approach is also consistent with the Scottish Government Chief Planner's advice to planning authorities that legal agreements should not be used as justification for planning approvals. Since 20/00710/PP was issued, ownership and operation of the quarry has changed from John Thomson Construction to Arran Aggregates Ltd, an established quarrying business on
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the island operated by Murchie Sand and Gravel Ltd, and the first four yearly report under
Condition 2 has not yet been submitted. Arran Aggregates have confirmed that they are
working up the audit of operations for submission to the council in line with the condition 2 of
20/00710/PP.
Given the above change in ownership, this planning application has been submitted as JTC
now seek the final discharge of their Section 75 legal agreement and the return of the
£10,000 sum which was lodged with the Council, given that financial responsibility for the
quarry has now passed to the new operators Arran Aggregates. Arran Aggregates have
separately confirmed to Planning Officers that they are to continue with the existing
operations and also intend to implement the previously approved planning permission for
westward expansion in due course.
The quarry site is approximately 250m to the north of the settlement of Sannox, on the
northeast coast of the Isle of Arran. It is adjoined on three sides by the Sannox Burn with
Sannox Golf Course further to the north and north-west; a residential property (Sonaburn)
adjoins at the north-east corner, and to the south are agricultural fields and a cricket field.
The whole site is within the North Arran National Scenic Area (NSA) and approximately 1km
east of the North Arran Wild Land Area (WLA). At its closest point the extension would be
100m east of the Arran Moors Special Protection Area (SPA) which is classified for its
breeding population of hen harriers.
The site is located within the countryside area, as identified within the adopted 2019 North
Ayrshire Local Development Plan ("the LDP"). The development was assessed and found
to accord with the LDP in 20/00710/PP. The same LDP remains in place and circumstances
'on the ground' have not changed significantly in the interim.
This application proposal relates to the discharge of a legal agreement only and does not
propose any alteration of operations or site boundaries. It does not therefore raise any
strategic planning policy issues requiring assessment against the Development Plan
policies.
This application was initially registered in April 2024. Its determination has been delayed by
subsequent site meetings and discussions between JTC, Arran Aggregates and Planning
Officers. Arran Aggregates (AA) finally confirmed in February 2025 that they have sufficient
bonds in place for the three existing quarries which they now operate on Arran (Sannox,
Bogary and Derenenach) and are currently updating the existing agreements with the
landowner, Arran Estates in this regard.
AA confirmed their ongoing work with regard to agreeing an appropriate revised bond
amount with the Council for the previously approved westward expansion of Sannox
Quarry, which details are to be addressed as part of their first four yearly report on
operations required by the conditions of 20/00710/PP.Page 4
The amount indicated in planning permission 20/00710/PP was £50,000 but Arran Aggregates are of the opinion that the actual restoration, if required, could be achieved for a lower amount, which would require to be agreed prior to commencement of the extension of the quarry, as per the planning condition. Relevant Planning History 97/00653/PP for Continuation and extension of operations for the winning and working of minerals Approved subject to Conditions on 27.04.1999. 04/00353/PP for Continuation of sand extraction from existing quarry (modification of condition no 2 on previous consent - N/01/97/0207) Approved subject to Conditions on 17.05.2005 10/00212/PP for Modification of condition 2 on planning approval N/04/00353/PP to allow continuation of sand extraction for existing quarry for a further 10 years Approved subject to Conditions on 05.04.2012. 20/00710/PP for Continuation and extension of existing quarry for extraction of sand and gravel Approved subject to Conditions on 25.02.2021. 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 There is no requirement for neighbour notification nor other forms of publicity for this category of application. No consultations were carried out. The landowner Sannox Estates was notified of the application as an original signatory of the Agreement but has not responded or submitted comments. Publicity:- Not Advertised Site Notices:- No Site Notice 3. Analysis As already covered above, this application does not propose any alterations to the previously approved working methods or site boundaries. The quarry operation would
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therefore continue to accord with the Development Plan, as assessed and confirmed in 20/00710/PP. The determining considerations in the application are therefore only: (i) whether the clauses of the previously agreed Section 75 agreement have been satisfactorily discharged meaning it could therefore be discharged; and (ii) whether sufficient financial arrangements remain in place on behalf of the new operators for restoration of the quarry site by the Council should operations ever cease and such responsibilities then fall to the Council , meaning that the previously lodged monies can be returned to the applicant. The updated and varied Agreement signed in 2012 concerned the remaining matters not already discharged by that point from the Section 75 Agreement signed by the Council, landowner and John Thomson Construction on 19th May 1999. Variation (1) of the updated 2012 agreement was: "That, the Second Party (JTC) shall, prior to effecting further work on Phases 5, 6 and 7 (of the quarry):- (a) restore Phases 2, 3 and 4 by placing top soil and seed on Phases 2, 3 and 4 to the same specification as provided by clauses (SECOND) (c) and (d) of the (1999) Section 75 Agreement, and (b) erect a fence on the southern boundary of Phase 4." A site inspection was carried out by the Planning Officer, accompanied by the Council's advisor Alan Doak and Donald Murchie of the new operators Arran Aggregates on 16th July 2024 and it was found that the Phases 2, 3 and 4 (the areas shaded green on the accompanying 20/00710 Site Plan (San 02 RevA) had been satisfactorily restored as required by Variation 1(a) of the updated 2012 Agreement. It was found that the boundary fence required by Variation 1(b) had not yet been installed and that matter was brought to the attention of the applicants, JTC, who subsequently advised that the fence had been installed as required. A further unaccompanied site visit by the Planning Officer on 4th October 2024 confirmed that the fence had been installed. CONCLUSIONS The operational requirements detailed in the Section 75 Agreement have therefore been fulfilled. The ongoing operation and future expansion of the quarry is subject to the conditions of 20/00710/PP and so remains under Planning control. The existing Section 75
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Agreement has therefore served its purpose and there are no material planning reasons remaining for its retention. Written confirmation has been received from the new operators Arran Aggregates that sufficient financial arrangements are in place to cover the amount of the existing restoration bond which was lodged with the Council in 2012, if responsibility for restoration of the quarry ever passed to the Council for any reason. The deposited £10,000 funds can therefore be returned to the applicant, John Thomson Construction. The new operators (or their successors) are to submit details of sufficient available restoration finances as part of the ongoing reviews and audits of ongoing operations and future expansion of the site as required by conditions 1 and 2 of planning permission 20/00710/PP. The ongoing restoration requirements of the quarry site therefore remain within planning control should that requirement ever fall to the Council for any reason. RECOMMENDATION On that basis, it is recommended that committee approve the discharge of the Section 75 legal agreement and the refund of the lodged £10,000 bond to the applicant, who is no longer involved in the operation or any required future restoration of Sannox Quarry. The applicant would then be advised to contact Legal Services to make the necessary legal arrangements. 4. Full Recommendation Approved with no Conditions Allan Finlayson Chief Planning Officer For further information please contact Mr Neil McAteer Planning Officer on 01294 324316.
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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.