24-00902- Site to the South of Bannoch Cottage, Old Glasgow Road, Kilwinning
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 Kilwinning Reference 24/00902/CON Application Registered 5th December 2024 Decision Due 5th April 2025 Ward Kilwinning Recommendation That the Council responds to the Scottish Government Energy Consents Unit with no objection to the proposed development subject to the recommended conditions __________________________________________________________________ Location Site to south of Bannoch Cottage, Old Glasgow Road Kilwinning Applicant GPC 1134 Ltd, 3rd Floor 1 Ashley Road, Altrincham 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. ECU00005128) ___________________________________________________________________ 1. Description The Scottish Government's Energy Consents Unit has consulted the Council, as Planning Authority, on an application under Section 36 of the Electricity Act 1989 from GPC 1134 Ltd. The application is for the development and installation of a battery energy storage system and associated infrastructure with a generating capacity of between 50MW and 100MW. The site consists of farmland that is used for silage production. The field is bounded to the northwest by Old Glasgow Road (B778) and to the northeast by Bannoch Road. The total site area is approximately 3.5 hectares, with the area to be developed around 1 hectare, including the proposed access track. 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. The proposed access to the site would be taken from the B778 opposite
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the Bridgend Accident Repair Centre by cutting through a section of the existing hedgerow. There are several houses near to the northwest boundary, including Burnside Cottage, Bluebell Lodge and Bannoch Cottages. The distance from the nearest houses to the proposed BESS units would be approximately 140m. It is proposed to form a fenced compound for the siting of the BESS units. The site plan indicates 40 units of varying size and finished in dark grey or green. The units would all contain fire suppression systems in line with industry standards. Other plant and infrastructure would include access tracks, a 132kV transformer, compound building, an auxiliary transformer, storage container, CCTV and a water tank. The compound would be securely fenced. Trees would be planted around the compound to form screening. A temporary SuDS pond, for the collection and treatment of surface water during the construction phase, would be formed within 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 north on the opposite side of Old Glasgow Road. 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 Old Glasgow Road and Bannoch Road edges of the site are bounded by established hedgerow, predominately hawthorn. The southeastern edge is not bounded with a fence or hedgerow. The southwestern edge follows the line of an overhead electricity line, but is not enclosed at ground level. There are no trees or areas of woodland within the site itself. The field is under grass, used mainly for silage production. This involves cropping the grass several times a year. The existing field access for tractors, harvesters, balers, etc. is on Bannoch Road, approximately 237m from its junction with Old Glasgow Road. Section 36 of the Electricity Act states that consent is required from the Scottish Ministers for the construction of battery energy storage facilities with a capacity exceeding 50 megawatts. The Energy Consent Unit, in accordance with The Electricity (Applications for Consent) Regulations 1990, has sought the views of the Council, as Planning Authority, on the proposed development. 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. The proposed development was screened for EIA purposes during January 2024 (ref. 24/00066/EIA). The conclusion reached was that EIA was not required.
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A range of consultations for Section 36 applications are undertaken by the Energy Consents Unit of the Scottish Government, who have the statutory duty to determine such applications. In this respect, the Council is a statutory consultee. 2. Consultations and Representations Publicity for proposals of this type is carried out by the Energy Consents Unit, who consider any public comments they receive as part of the decision-making process. The Energy Consents Unit also consult a range of other statutory bodies to seek their views. To inform the Council's position on the proposals, a number of internal consultations were undertaken, and are summarised below: NAC Active Travel & Transport - no transport related objections to this proposal subject to the condition that a section 56 road opening permit will be required for works 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. An informative note could be provided to the applicant in this regard. 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 Council's response. West of Scotland Archaeology Service - No objection subject to condition. WSAS refers to the results of an archaeological walkover survey and historic environment assessment carried out on behalf of the applicant by Alastair Rees of ARCHAS Cultural Heritage Ltd. This states that 'the walkover survey and Desk Based Assessment identified no sites of interest within the development area and four sites/events within a 500m buffer of the study area. No Prehistoric or Medieval sites were noted within 500m of the development area and those sites noted comprise the sites of two limekilns, one in association with a quarry and a farmstead. The other site comprised the site of an archaeological event, specifically a trial trenching exercise that did not reveal any archaeological features' (paragraph 5.1.1). WSAS agree that this represents an accurate picture of the heritage baseline, at least in terms of features that have been recorded previously, whose presence can be discerned from comparison with desk-based sources, or which survive in an upstanding and visible form that would allow them to be identified from surface inspection. However, there remains the possibility that significant archaeological material could survive below the current ground level, which could be disturbed or removed by earth-moving associated with construction of the proposed BESS. This potential is acknowledged in paragraph 5.2.2 of the ARCHAS report, which states that 'there may however be impacts on
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any previously unknown and buried sites present within the development area. As it appears that there has not been repeated industrial ploughing within the development area then buried archaeological sites or deposits may survive within the area'. To address this possibility, paragraph 5.3.1 of the Heritage Assessment states that 'the only advance archaeological mitigation suggested would be the undertaking of an archaeological trial trenching evaluation in advance of any groundworks. This would normally be expected to comprise a percentage (normally 5-10%) evaluation of the area. WSAS agree that this approach would be acceptable, and would therefore advise that a condition should be attached to any consent to secure the completion of a suitable programme of fieldwork. In this instance, WSAS would advise that any WSI prepared in relation to this condition should make provision for an initial programme of trial trenching amounting to an 8% sample of the area that would be affected by construction of the BESS and its associated infrastructure. If this does not encounter any significant sub-surface features, deposits or artefacts, it is probable that no further work would be required beyond this evaluation; however, the WSI would also need to include the possibility that additional fieldwork such as monitoring or area excavation may be needed should the evaluation identify material of this type. In the event that a second phase of on-site fieldwork were to be necessary, it is likely that there would also be a requirement for a programme of post-excavation analysis of the recovered material. Response: Noted. The recommended condition could be included in the Council's response. 3. Analysis As noted above, the consultation requires to be considered against LDP 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. 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. The majority of the application site would retain its agricultural/pastoral use with additional woodland areas created for landscape mitigation/screening purposes. 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 so as to minimise impacts on housing near to the site (ie. a minimum of 140m from the BESS units and other site infrastructure). This would be achieved by forming the main compound away from the
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nearby housing and providing adequate screening in the form of woodland planting around the compound. It should be noted that the proposed boundary fencing and BESS units would not exceed 2.4m above ground level, thus minimising any visual impact on the surrounding rural landscape. The 132kV compound building would be considerably taller in height, at 6.1m. However, this building would be sited around 180m away from the nearest housing. Together with the proposed woodland planting around the boundary of the compound and the distance from the nearest housing, it is not considered that the compound 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 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 and a fire safety management plan has been included with the application, including an emergency response plan. The BESS units would be fitted with the latest industry standard measures for fire protection, detection and control. 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 restoration of hedgerows, woodlands and the planting of trees. 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." 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. The submitted planning statement highlights that the proposed planting works for the development would "establish and create a valuable landscape and ecological assets within the site that would screen and integrate the built elements in views from the wider landscape and reinforce the existing vegetation within the site's wider settings." It is considered that additional tree planting would be required to expand the proposed woodland buffer to the northwest of the proposed battery compound, potentially 20m in width. This point was raised with the applicant’s agent who has agreed to this request. A buffer of 20m would produce a more robust woodland edge to the most exposed part of the site in relation to the B778 corridor and nearby housing, providing both habitat and landscape benefits. An amended plan has been lodged with the Energy Consents Unit in this regard.
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In the medium to long term, views into the site from the surrounding area would be largely screened by the proposed new woodland around the compound. It would take a number of decades for such planting to be effective. It is therefore considered necessary to recommend a condition to secure details of the external colour scheme for the plant and machinery within the site in order to mitigate visual impacts whilst the woodland is immature. Suggested colours by the applicant are grey or green. Surface water run-off would primarily be managed via a SuDS scheme which would incorporate nature positive measures to enhance biodiversity. 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 farmland used for silage production, which is an intensive form of farming using regular application of nitrogen-based fertilisers (usually cattle slurry). The proposed development would reduce the extent of silage production land. The introduction of woodland 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. A short length of hedgerow on the B778 would require to be cut down to provide a means of access. As discussed above, the proposed development would incorporate a woodland area around the compound. This would more than compensate for the hedgerow to be removed. 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 biodiversity net gain in comparison with the baseline conditions (farmland used for cattle grazing and some woodland). In terms of community impacts, it is considered that the proposals would contribute significantly to the generation of renewable energy targets by supporting the balance of supply and demand 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 within North Ayrshire.
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In terms of public safety, the internal consultations carried out do not indicate any areas of concern with the proposals. A Construction Environmental Management Plan (CEMP) could be included as a recommended condition. The Scottish Fire and Rescue Service are not a statutory consultee, however, in response to another BESS development proposal elsewhere in North Ayrshire earlier in 2025, the Scottish Fire and Rescue Service recommended compliance with the current NFCC guidance for BESS sites. A fire safety management plan has been included in the submission. Recommended condition 1 would require the implementation of the fire safety management plan during the operational phase of the proposed development. The decommissioning of the site following its operational period (excluding the woodland area) could be secured by condition, which could be recommended as part of the Council's consultation response. 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, considerable benefits for biodiversity and nature would be created through new woodland creation at the site. The remaining agricultural land could also be retained and managed in the interests of food production, or for habitat purposes, subject to the landowner's preference. Taking the foregoing into account, it is considered that the proposals accord with the development plan. It is therefore recommended that the Council, as Planning Authority, does not object to the proposed development and recommends the undernoted conditions to the Scottish Government's Energy Consents Unit for its consideration. 4. Full Recommendation That the Council responds to the Scottish Government Energy Consents Unit with no objection to the proposed development subject to the recommended conditions as set out below. 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.
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Condition 2. That prior to the commencement of the development hereby approved, the applicant shall submit a Construction Environmental Management Plan (inclusive of construction traffic management) for the written approval of North Ayrshire Council as Planning Authority, the scope and content of which shall be informed by the contents of the application. 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 details of the colour scheme for all plant, equipment and boundary treatment to be sited or erected within the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Reason To ensure the colour scheme for the development is appropriate for the rural setting of the site and its surroundings. Condition 5. 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 of woodland planting. The scheme shall include details of tree planting to be provided within the field around the battery storage compound. Details of tree species, 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.
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Condition 6. 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, 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 7. 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.
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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.