24-00941-PPM - Ardoch Farm, Kilwinning KA13 7QJ
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.
Page 1
NORTH AYRSHIRE COUNCIL 19th March 2025 Planning Committee Locality Kilwinning Reference 24/00941/PPM Application Registered 9th January 2025 Decision Due 9th May 2025 Ward Kilwinning Recommendation Approved subject to Conditions __________________________________________________________________ Location Ardoch Farm, Kilwinning KA13 7QJ Applicant Capbal (Kilwinning) Limited Proposal Formation of battery energy storage compound including means of access, erection of fencing, installation of associated infrastructure and landscaping works ___________________________________________________________________ 1. Description The application seeks planning permission for the development and installation of a battery energy storage system and associated infrastructure with a generating capacity of 27MW. The site consists of a yard at the rear of an established off-road vehicle servicing/repair and land drainage business at Ardoch Farm (Kattrak/McLaughlin Drainage Services) and part of a field that is used for horse grazing. The field is bounded to the northwest by a minor road which connects Old Glasgow Road (B778) to Blair Road and to the southeast by the Threadmill Burn. The total area within the red line boundary is approximately 0.85 hectares, with the area to be developed around 0.6 hectares. The site is located within a rural area of North Ayrshire that consists primarily of agricultural land and woodlands. The site is approximately 400m from the northeast edge of the built-up area of Kilwinning and around 200m southwest of the Kilwinning Electricity Sub-Station. The proposed access to the site would be taken from the existing yard at the rear of the three large sheds at Ardoch Farm. Immediately adjacent is a house that is financially involved in the proposed development. There is a second house at Ardoch Farm, located to the northeast. To the southeast of the application site, and to the south of the Threadmill Burn, are several other houses including Burnside Cottage, Bluebell Lodge and Bannoch
Page 2
Cottages. The distance from the nearest non-involved houses to the proposed BESS units would be approximately 80m. It is proposed to form a fenced compound for the siting of the BESS units and associated inverters, all of which would be sited on land currently within the horse grazing field, with other items of plant, including control rooms, to be sited within the existing yard. The site plan indicates 24 ISO standard sized shipping containers arranged as double units in three rows of four with inverters placed in between. Each container would contain lithium-ion batteries and associated plant, including a fire suppression system in line with industry standards. The height of the BESS units would be 2.9m above ground level, taking their concrete base blocks into account. They would all be coloured Moss Green (RAL 6005). Other plant and infrastructure would include access tracks, an auxiliary transformer (2.1m in height), storage containers (2.9m in height), low voltage feeder pillars (2m in height), a client control room (under 4m in height), a ScottishPower Energy Networks (SPEN) control room (6m in height) and CCTV/security lights. The compound would be securely enclosed with a close boarded timber acoustic fence, 3m in height. A hedgerow and trees would be planted around perimeter of the compound to form screening from the surrounding area. Surface water would pass through the permeable stone yard surface and drain into the Threadmill Burn to the south of the site. The energy stored within the proposed batteries at the site would be connected by cable to the nearby Kilwinning Electricity Sub-Station, which is approximately 200m to the northeast. The purpose of the development is to charge and store surplus energy from the grid. Power would then be released back to the grid when required. The purpose of BESS development is to help balance supply with demand due to the increased use of intermittent power sources in the electricity supply network, primarily from renewables such as wind, solar and hydro. The ground at the site is generally level at approximately 30m AOD. The field is under grass, used for horse grazing. The yard is hard surfaced with concrete and is currently used to store items associated with the existing businesses at Ardoch Farm. There are a few hedgerow trees and metal fence on the southeast boundary of the existing yard which adjoins a tall evergreen hedgerow beyond the southeast boundary leading to the public road. The southwest boundary of the yard is bounded from the field by a low fence. Otherwise, the greenfield part of the application site is currently not bounded. The application is accompanied by the following: Pre-application consultation (PAC) report A proposal of application notice was sent to the Council on 1st May 2024 providing details of publicity in advance of 2 statutory public events. Publicity was provided to all serving elected members covering the area as well as Kilwinning Community Council. The first public event was held on 13th June 2024 at Kilwinning Library, attended by 15 people. The second public event was held on 18th July 2024, attended by 2 people. An online exhibition was also held. The PAC report covers the topics that were displayed and discussed at the public events. In total, one feedback form was returned which indicated support for the proposed
Page 3
development. Verbal comments made during the two events were recorded and have been noted in the PAC report. Design and Access Statement The statement describes and explains the proposal, its location, the design principles adopted and includes computer generated 3D isometric visualisations to show how the development would look within its landscape setting. Preliminary Ecological Survey and Assessment The survey includes both desk based and field survey notes. During the surveys, there was no evidence of any protected species found within the site. The site habitat consists of improved grassland with a small number of leylandii evergreen trees and several other trees nearby. There is no potential for bat roosts within the site and within 30m of the site. Various recommendations were made with regard to new planting including trees, shrubs, hedgerows and wildflowers. Flood Risk Assessment and Surface Water Drainage Strategy Report The report studies the potential for flooding from all sources and concludes that the site is not at risk of flooding nor would the proposed development increase the risk of flooding elsewhere. Surface water would be drained through the permeable tracks and other permeable surfaces within the site providing attenuation prior to discharge to the Threadmill Burn. Landscape and Visual Appraisal The appraisal was carried out by a qualified landscape architect who evaluated the potential impact of the proposed development on the local landscape around the site. The appraisal concluded that impacts would be slight-moderate adverse within close proximity of the site, but that such effects would be mitigated over time by the proposed planting around the boundary. Noise Impact Assessment The report considered potential noise impact from the operation of the BESS development and recommends a condition that would control the noise level of the development such that it does not exceed background noise at the nearest noise sensitive receptors by 5 dB, which the consultants advise would be achievable in this instance. Modelling has been undertaken on a 'worst-case scenario' basis meaning that in practice the noise limits would be adhered to during day-to-day operation of the proposed development, taking into account the existing plant, machinery and traffic noise from the established developments nearby. Construction Transport Management Plan The plan notes that vehicles will access the site from the existing Kattrak yard which connects to the public road network near to the B778. It advises that safe visibility splays are already in place at the B778 junction and that traffic would use the main road network to construct the development. Wheel washing facilities will be provided within the site. Overall, the estimated construction traffic levels during the six - twelve months of construction would be relatively low. Operational traffic would typically be around 10 to 20 visits per year. Biodiversity Enhancement Plan The plan includes details of planting, landscaping, bat boxes and bird boxes that would be provided as part of the proposed development.
Page 4
In terms of the adopted LDP, the proposal is located within the countryside, and requires to be considered against Strategic Policy 1 (The Countryside Objective), Strategic Policy 2 (Placemaking), Policy 14 (Green & Blue Infrastructure), Policy 15 (Landscape & Seascape), Policy 16 (Protection of our Designated Sites); Policy 18 (Forestry, Woodland, Trees and Hedgerows) and Policy 29 (Energy Infrastructure Development). National Planning Framework 4 (NPF4) also requires consideration. Planning permission in principle was granted in June 2018 (ref. 18/00445/PPP) for a battery energy storage development within a building that was to be developed within the yard at Ardoch Farm. However, the development did not proceed to the detailed stage of the consenting process due to the lack of capacity in the grid connection at the time. Since then, the grid connection to the Kilwinning Sub-Station has been upgraded to provide additional capacity. The development now proposed for the site represents an alternative scheme reflecting changes in battery storage technology since 2018. 2. Consultations and Representations Publicity for the application was subject to the statutory neighbour notification process and the publication of a notice in the Irvine Herald. Two public comments were received, both objecting to the proposed development on the following grounds: 1. The site is close to Kilwinning. Another incident like Byrehill could affect the residents of Kilwinning. Response: Planning permission was granted in 2018 for a BESS development at Ardoch Farm. The proposed development does not involve battery recycling and would incorporate fire prevention measures to meet current industry standards. 2. Loss of view from a nearby house and devaluation of house prices. Response: Neither of the above points are material planning considerations. 3. There is a lack of community benefit within the plans. Response: The offer of a community benefit fund is not a material planning consideration. For consideration of other community impacts under planning policy, see Analysis, below. The following consultations were undertaken: NAC Active Travel & Transport - no transport related objections subject to the condition that a section 56 road opening permit will be required for access works within the adopted road boundary. Applicant should contact NAC Roads Services to discuss the installation of private apparatus below the public road. No vehicles associated with the development should park on the public road at any time. on the access road that connects to the existing road network. Response: A section 56 road opening permit is a requirement of the Roads (Scotland) Act 1984 and is not a matter for regulation by a planning condition. There are no proposals in the application for vehicles to park on the public road. For the avoidance of doubt, an informative note could be provided to the applicant to raise the above points.
Page 5
NAC Environmental Health - no objections. On assessment of the noise impact assessment which have been submitted as part of the application, noise levels do not exceed the levels outlined in BS4142 and therefore, noise should not be a deciding factor in the planning process. A condition stating that the operation of the development must not exceed the background noise level by 5dB(A) or more at the curtilage of any noise sensitive property is recommended. Response: Noted. The recommended condition could be included in the event of planning permission being granted. West of Scotland Archaeology Service - No objection subject to a condition on carrying out an investigation of the site for archaeology prior to the development commencing. Response: Noted. The recommended condition could be included in the event of planning permission being granted. NatureScot - no objections/no comments. Response: Noted. Scottish Fire and Rescue – no comments. Response: The Scottish Fire and Rescue Service are not a statutory consultee, however, were consulted to make them aware of the proposed development. In response to a similar development elsewhere in North Ayrshire earlier in 2025, the Scottish Fire and Rescue Service recommended compliance with the current NFCC guidance for BESS sites. A condition could be attached with regard to the preparation and submission of a fire safety management plan, inclusive of an emergency response plan. An informative could also be attached in this respect. Scottish Gas Networks - No objection/no comments. Response: Noted. Scottish Water - no objections. Response: Noted. Kilwinning Community Council - no comments. 3. Analysis As noted above, the proposal requires to be considered against Strategic Policy 1 (The Countryside Objective), Strategic Policy 2 (Placemaking), Policy 14 (Green & Blue Infrastructure), Policy 15 (Landscape & Seascape), Policy 16 (Protection of our Designated Sites); Policy 18 (Forestry, Woodland, Trees and Hedgerows) and Policy 29 (Energy Infrastructure Development). NPF4 is also relevant to the proposed development. Each policy is considered individually below.
Page 6
Strategic Policy 1 (The Countryside Objective) 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 battery energy storage facility with the associated ancillary infrastructure. As noted above, planning permission in principle was granted during 2018 for a BESS development at Ardoch Farm, but did not proceed due to grid connection constraints at that time, which have since been resolved. The principle of such development has therefore been established at the site. Due to the proximity of the site to the Kilwinning Sub-Station, it is considered that the proposed development has a specific locational need and accords with SP1. Strategic Policy 2 (Placemaking) 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 battery storage units would be sited to minimise impacts on housing near to the site. This would be achieved by siting the BESS units and other infrastructure within a compound behind a 3m high acoustic fence, then providing screening around the compound using appropriate native planting. A condition could be attached to secure final details of landscaping and planting in the event of planning permission being granted. The proposed boundary fencing and BESS units would not exceed 3m above ground level, thus minimising any visual impact on the surrounding rural landscape. The control room building would be considerably taller in height, at 6m. However, this building would be sited close to the rear of one of the existing sheds at Ardoch Farm, and would be partially screened in views from the southeast by an existing mature evergreen hedgerow. Together with the proposed planting scheme around the boundary of the compound, it is not considered that the control room building would have a significant adverse impact on the area. The site would largely be monitored remotely, with occasional maintenance visits as required. Traffic to and from the site would therefore be infrequent and not a significant source of traffic generation on the B778 or the minor road beside Ardoch Farm once initial construction works are complete. It is considered that there would be no other amenity impacts arising from the development in terms of noise, overshadowing or privacy impacts. Fire safety has been considered in the application and is discussed under Policy 29, below. It should also be noted that the site would not be used for battery recycling purposes. In summary, it is considered that the proposals are acceptable in terms of SP2. Policy 14 (Green & Blue Infrastructure) and Policy 15 (Policy 15 (Landscape & Seascape) Policy 14 requires 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 measures to enhance biodiversity through the planting of hedgerows, native trees, wildflowers as well as introducing bat and bird boxes. The policy notes that "support will be given to proposals which seek to enhance
Page 7
biodiversity…. including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats." Policy 15 sets out to support development that protects and/or enhances our landscape/seascape character, avoiding unacceptable adverse impacts on both designated and non-designated landscape areas. In the short term, the BESS containers within the site would be largely screened by the proposed boundary fence around the compound. The containers would be coloured green to further reduce their visual impacts. In the medium to long term, views into the site from the surrounding area would be largely screened by the proposed planting scheme around the compound. It would take a number of decades for such planting to be effective. Surface water run-off would primarily be managed via infiltration through a permeable hard surface for the yard area which would drain to the Threadmill Burn. The rate of run-off would be attenuated by the permeable surface. Subject to appropriate conditions, the proposals are considered acceptable in terms of Policies 14 and 15. Policy 16 (Protection of our Designated Sites) The policy supports proposals which would not have an unacceptable effect on our valuable natural environment as defined by a variety of legislative and planning designations. As noted above, the site consists of both an existing yard area and a field used for horse grazing. The proposed development would reduce the extent of the field available for horse grazing purposes. However, this is not an agricultural activity and there would be no loss of productive farmland as a result of the development. The introduction of hedgerow and tree planting would be to the benefit of nature and wildlife. There are no designated sites directly or indirectly affected by the proposed development. The proposals are acceptable in respect of Policy 16. Policy 18 (Forestry, Woodland, Trees and Hedgerows) The policy seeks to resist the loss of established woodlands, trees and hedgerows. Where loss is unavoidable as a result of development, compensatory planting is required. There are no trees within the site that would be removed as a result of the development. As discussed above, the proposed development would incorporate a hedgerow and trees around the BESS compound. Subject to the recommended condition discussed above, the proposals would be acceptable in terms of Policy 18. Policy 29 (Energy Infrastructure Development) This policy 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 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 a nature positive development in comparison with the baseline conditions at the site. In terms of community impacts, it is considered that the proposals would contribute to the generation of renewable energy targets by supporting the balance of supply and demand
Page 8
within the electricity transmission grid. There are no plans to create pathways through the site (there are no designated footpaths within the site at present). It is not considered that the proposals would have any adverse impacts on tourism and recreation. In terms of public safety, referred to by the applicant's agent as "being at the heart of the design of the proposed development". Details of measures to safeguard the proposed development against fire are as follows: • The equipment will be laid out and the site designed in accordance with manufacturers and insurers' safety requirements, having regard to guidance from the National Fire Chiefs Council to Fire and Rescue Services published in 2022; • The equipment selected will conform to the latest UK and international fire and safety standards including BS EN IEC62933; UL9540; IEC62619; NFPA855; and UN38.3; • During ordinary operation, there is continuous monitoring of batteries' temperature, state of charge and physical characteristics, with automatic shutdown systems if there are any anomalies; • The equipment is supplied with integrated, multi-level fire detection, with integrated emergency response incident prevention with gas detection and active ventilation system; 24-hour CCTV and fire monitoring for immediate raising of alarm with local emergency services. To finalise the above matters, a condition could be attached if planning permission is granted with respect to a fire safety management plan, inclusive of an emergency response plan. In addition, a Construction Environmental Management Plan (CEMP) could be included as a recommended condition. This would supplement the submitted construction transport management plan. The decommissioning of the site following its operational period (excluding the planted area) could be secured by condition. Taking the above points into account, the proposals are considered to accord with Policy 29. The application has also been assessed against adopted National Planning Framework 4 and it has been determined that the proposal does not raise any significant strategic or local planning issues which conflict with the foregoing assessment. In respect of this proposal, it is noted that the key aims of NPF4 relate to the climate and nature crises. The proposed development would store electricity, primarily from renewable sources thus supporting the transition to net zero. In addition, benefits for biodiversity and nature would be created through a native planting scheme at the site. There are no other material considerations. It is considered that the proposals accord with the development plan. It is therefore recommended that planning permission is granted subject to the following conditions. 4. Full Recommendation Approved subject to Conditions
Page 9
Reasons for Decision Condition 1. That the development hereby approved shall be implemented in accordance with the submitted plans, drawings and recommendations contained in the application documents unless otherwise indicated below, 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 2. That prior to the commencement of the development hereby approved, the applicant shall submit the following additional documents for the consideration and written approval of North Ayrshire Council as Planning Authority: i. a Construction Environmental Management Plan; ii. a Fire Safety Management Plan, inclusive of an Emergency Response Plan. The scope and content of both documents shall be informed by the contents of the application and supporting information. 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 during the construction phase. Condition 3. That no development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by North Ayrshire Council as Planning Authority. Thereafter the 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 the Planning Authority in agreement with the West of Scotland Archaeology Service. Reason To record/safeguard any archaeology within the site. Condition 4. That, prior to the commencement of the development, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority a finalised scheme landscaping and planting. The scheme shall be based on the submitted plans and shall include details of an expanded area of planting to be provided around the outer edge of the battery storage compound and the remaining field. Details of tree and plant species,
Page 10
planting densities, soil treatment and aftercare shall be included with the finalised scheme. 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 To mitigate landscape and visual impacts and in the interests of amenity, biodiversity and habitat creation. Condition 5. That the rated noise level, as defined in BS:4142, from the operation of all plant/equipment in relation to the battery energy storage system including all associated infrastructure hereby approved, shall not exceed the background noise level by 5dB(A) or more at the curtilage of any noise sensitive property. Reason To safeguard nearby residents from adverse noise impacts arising from the development. Condition 6. That, unless otherwise agreed in writing by North Ayrshire Council as Planning Authority, the BESS compound 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 BESS compound. Thereafter, the decommissioning plan shall be implemented to the satisfaction of North Ayrshire Council as Planning Authority. 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.
Page 11
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.