Agenda Document Pack - Planning Committee - 19/03/2025
North Ayrshire Council · 19 March 2025
Back to Planning Committee — 19 March 2025 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee A Meeting of the Planning Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 19 March 2025 at 14:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the meeting held on 19 February 2025 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 24/00636/PP - Site At Glebe Road Beith North Ayrshire Seeking permission for the erection of 44 dwelling houses to include associated roads, footpaths, parking, landscaping and SuDS infrastructure (copy enclosed). 4 24/00724/PPM - Sportscotland National Centre, Millport, Isle Of Cumbrae KA28 0HQ Seeking permission to refurbish the water sports centre and lodges with additional 34 glamping pods, creation of kiosk and campervan parking (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 5 24/00327/ALO - Sannox Sand Quarry, Sannox Brodick, Isle Of Arran KA27 8JD 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 (copy enclosed). 6 24-00941-PPM - Ardoch Farm, Kilwinning KA13 7QJ Seeking permission for the formation of battery energy storage compound including means of access, erection of fencing, installation of associated infrastructure and landscaping works (copy enclosed). 7 24/00902/CON - Site to South of Bannoch Cottage, Old Glasgow Road, Kilwinning Seeking permission for the 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) (copy enclosed). 8 Urgent Items Any other items which the Chair considers to be urgent. 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 3
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee Sederunt Robert Foster (Chair) Cameron Inglis (Vice-Chair) Scott Davidson Stewart Ferguson Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Chloe Robertson Ronnie Stalker Chair: Apologies: Attending: 4
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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 Agenda Item 2 5
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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; 6
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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 7
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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: 8
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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; 9
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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; 10
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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. 11
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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. 12
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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 13
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NORTH AYRSHIRE COUNCIL 19th March 2025 Planning Committee Locality Garnock Valley Reference 24/00636/PP Application Registered 16th August 2024 Decision Due 16th October 2024 Ward Kilbirnie And Beith Recommendation Approved subject to Conditions __________________________________________________________________ Location Site At Glebe Road Beith North Ayrshire Applicant Miller Homes Proposal Erection of 44 dwelling houses to include associated roads, footpaths, parking, landscaping and SuDS infrastructure ___________________________________________________________________ 1. Description Planning permission is sought for the erection of 44 dwelling houses to include associated roads, footpaths, parking, landscaping and SuDS infrastructure at the site at Glebe Road in Beith (also known as the Manse Field). The site has a total area of approx. 2.8 hectares, although this exceeds the area of the proposed housing, roads and SuDS detention basin (1.95 hectares). The site presently consists of grassland with a belt of trees lining the eastern boundary. There are additional groups of trees located around the perimeter of the site. To the east of the site is Beith Primary School and residential properties at Barrmill Road. To the north is a bowling club, residential properties at Boghead, a commercial building, and a small area of woodland. To the west of the site there are residential properties, and a convenience store/post office located on Eglinton Street. There are residential properties between the south of the site and Glebe Road in addition to an area of woodland that is protected by Beith No. 2 Tree Preservation Order (TPO). The proposed development would have a single point of vehicular access from Glebe Road to the south of the site. There is an existing gated pedestrian access to the north of the site Agenda Item 3 15
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providing access to Boghead. A footpath link is proposed from the residential development to retain this existing access. The site layout would primarily take the form of a loop or circular road with the proposed housing positioned around the edge of the site facing inwards and a group of houses positioned within the centre of the loop facing outwards. There would be 3 no. additional smaller off-shoot cul-de-sacs providing access to 2 no. houses each. All houses within the development would have two storeys. A total of 7 house designs (or 'types') are proposed. In all cases a handed design is also proposed. Most houses would be detached and would have either 4 or 5 bedrooms. At the request of the case officer, 6 no. smaller 3-bedroom semi-detached houses were introduced to the development in place of 6 no. detached houses. The houses would either have a hipped or gabled roof profile with front facing gable sections. All would have integral garages and bay window features to the front except for the 'Asterwood' (semi-detached) and the 'Langford' which would have a detached garage. The 'Hazelford' design would also have a Juliet balcony feature to the front. The proposed external finishes would consist of a combination of white and 'Tuscan' render to the external walls. All roofs would be finished with grey concrete roof tiles, with contrasting rainwater goods. All homes would have mono-block driveways. Solar PV panels would be provided on all roofs. Front gardens would be open plan with rear gardens enclosed with 1.8m high timber fence along the rear boundaries and 0.9m high timber fencing between the house plots. The development would provide a scheme of landscaping throughout the site consisting of the planting of trees, areas of grass and hedgerows. The sloping grass bank to the east of the site and at the southern edge of the site would be retained. There would be a landscaped buffer area created at the boundary with the category B listed building at 1 Glebe Road (The Old Manse). A SuDS detention basin would be provided to the south of the site, adjacent to the new access from Glebe Road. Surface water from the development, once attenuated and treated by the detention basin, would drain to a proposed surface water sewer under Glebe Road (note: the proposed surface water sewer is not within the scope of the planning application, and would be a matter for Scottish Water to consider under their powers). The following supporting information was submitted with the application: - Design and Access Statement (non-statutory) - Planning Statement - Ecology Assessment - Tree Survey - Energy Statement - Aerial Tree Survey (submitted February 2025) - Socio-economic Benefits of Development Statement - Desk Study Report - Factoring Statement In terms of the Adopted Local Development Plan (LDP), the application site is located within the General Urban Area of Beith. The relevant policies of the LDP to the proposed development are listed below: - The Towns and Villages Objective of Strategic Policy 1: Spatial Strategy 16
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- Strategic Policy 2 (Placemaking) - Policy 1: New Homes and Maintaining an Effective Housing Land Supply - Policy 16: Protection of our Designated Sites - Policy 18: Forestry, Woodland, Trees and Hedgerows - Policy 22: Water Environment Quality - Policy 23: Flood Risk Management - Policy 27: Sustainable Transport and Active Travel National Planning Framework 4 (NPF4) is also relevant to the consideration of the application as this is part of the development plan. 2. Consultations and Representations Neighbour notification was undertaken in accordance with statutory procedures, which involved letters being sent to all addresses within 20m of the site. The application was also advertised in a local newspaper, the Ardrossan & Saltcoats Herald. Following the submission of revised drawings in November 2024, all neighbours within 20m of the site and all previous contributors to the application were re-notified of the changes and the application was re-advertised in the Ardrossan & Saltcoats Herald. A total of 61 representations were received. These consisted of 47 objections, 12 in support, and 2 neutral comments. Other comments were made by the RSPB. 588 proforma objection letters were also received as a single submission. The matters raised are summarised and addressed below. In support 1. The site is in a central location within Beith with direct access to Beith Primary School. Response: The merits of the site in terms of the spatial strategy policies of the development plan and other material considerations are discussed in the Analysis section below. 2. There is a need for houses in Beith, especially larger 4 bedroom plus houses for families. Response: The merits of the proposed housing are considered in the Analysis section below. 3. The proposed houses would be a boost for local businesses not only from the 44 new households but also during construction. Response: Noted. See consideration of town centre and local living policies of the development plan in the Analysis section below. 4. The proposal would increase the population of Beith and the demand for improved amenities and services. 17
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Response: It is noted that the population of Beith has declined in recent decades. It is considered that the proposed housing could assist in stabilising or increasing the population of the town. In objection 1. Concerns have been raised about the ecology of the application site. There have been protected species such as bats and newts observed within and around the site. The submitted preliminary ecological appraisal reports that the site contains habitats that could support protected species, but no further survey has been submitted to establish the presence of bats. Response: As noted, a preliminary ecological appraisal (PEA) was submitted with the application. In line with a range of other recommendations and measures for biodiversity enhancements for the site, it recommended the undertaking of a further survey to establish the presence of bats on the site. An Aerial Tree Survey was subsequently submitted in February 2025. No field signs of bats were found in any of the trees during the survey. However, a further range of recommendations were made for the works and pre-works stage. The recommendations made in both the PEA and Aerial Tree Survey could be secured by condition to any planning consent granted. The Analysis section addresses the relevant biodiversity and nature policies. 2. Concerns have been raised about the road safety and transport implications of the proposed development. It is noted that Glebe Road is already busy with traffic and current road speeds are a concern. The proposed development would increase traffic on Glebe Road and would have an adverse impact on traffic and pedestrian movements for Beith Primary School located to the east of the site. Response: See consultation with NAC Active Travel and Transport (Roads) below. The applicant has conducted a speed survey on Glebe Road and following discussion with the Council's Roads section has agreed to install speed cushions on Glebe Road to reduce traffic speeds. Further details could be secured through a planning condition, with implementation through the roads construction consent process. It is not considered that the proposed development would have a significant impact on the traffic movements for Beith Primary School. The site is located immediately to the west of the school. As such, it is not expected that significant additional traffic would be generated given the short walking distance to the school. 3. Concerns have been raised about the loss of open space currently provided by the application site. It is noted that the site is used regularly for dog walking, children's play, sledging in winter, among other recreational activities, and that there is a public right of way across the site. It has been historically used as the site for the annual Beith cattle show and more recently the Garnock Valley Carves event. Other open spaces are too far away and/or require crossing the bypass. The site is not allocated for housing in the LDP. An alternative site on the outskirts of the town would be better suited to this development. Response: The application site is not allocated as open space within the LDP. It is located within the General Urban Area of Beith within which proposed residential development is supported in principle. In terms of other areas of open space, Bellsdale Park and Orr's Trust Public Park are located within the settlement of Beith, close to the town centre, and are 18
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allocated as open space in terms of the LDP. Furthermore, there are further areas of protected open space at Geilsland Estate and Spier's Old School Grounds to the east of Beith. While these areas do require crossing the A737 bypass, it is noted that Transport Scotland plans to make improvements to the A737 at Beith including the installation of a dedicated footbridge to provide safe crossing for pedestrians and cyclists. Furthermore, at the request of the case officer, the applicant agreed to increase areas of open space within the site including retaining access to the informal path over the hill to the east of the site for dog walkers and other users. As noted above, the site would be accessible from both the Boghead and Glebe Road. 4. Concerns regarding the flood risk and drainage arrangements for the site. Response: The site is not shown to be at risk of river or coastal flooding based on the SEPA Future Flood Maps. However, some surface water flooding risk is identified. Following discussions with the Council's Flooding Team, the applicant has agreed to take the proposed surface water sewer pipe to the open channel of the Mains Burn at the edge of the town, where it would drain into Kilbirnie Loch. See consultation with NAC Flooding below. 5. Concerns that the application has been processed incorrectly as a local application rather than a major application. The developable area exceeds 2 hectares and therefore constitutes a major application. The pre application consultation (PAC) procedure required for major applications has not been undertaken by the applicant. Furthermore, a full Biodiversity Impact report as required for major applications in terms of NPF4 Policy 3 has not been submitted. Response: The application has been processed correctly as a local application. The proposed development is for less than 50 units and the developable area does not exceed 2 hectares. Along with the updated site layout, a plan showing the developable area was submitted in December 2024 clearly showing that the developable area (consisting of the housing units, roads, and SuDS basin) would be 1.95ha. As such, the application is a "local" application, and no PAC was required prior to the submission of the application. 6. There is no need or demand for large 4/5-bedroom houses in Beith. Planning permission was recently granted for 191 houses on Kings Road (ref. 23/00838/PPM). The proposed houses would not be affordable for residents of Beith. Planning permission (ref. 21/01100/PP) was granted for 9 houses on the opposite side of Glebe Road. This permission has not been implemented. Concerns have been raised that the site could be left as an abandoned construction site. Response: There is no development plan policy requirement to demonstrate 'need' for a particular size of house. It is noted that the original application consisted of only larger sized 4/5-bedroom houses. However, at the request of the case officer, the applicant agreed to introduce 6 no. smaller semi-detached units to the proposed layout to improve the mix of house types. In terms of the perceived lack of demand for large 4/5-bedroom houses in Beith, it is noted that comments highlighting a demand for larger houses of this type have also been received in response to the application. 19
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In terms of other planning permissions for residential development in Beith, each application requires to be considered on their merits. The merits of the application are considered in terms of the relevant planning polices below. 7. Concerns have been raised about the potential impact of the proposed development on the availability of local amenities and facilities in Beith such as the health centre/GP surgery and dentist, and school and nursery places for children. There are concerns that the existing community cannot support the additional population that the proposed housing could bring to the town. Furthermore, it is noted that there are many empty units on Main Street and there are concerns that there could be insufficient shops and leisure facilities in the area for the new housing and residents. Response: The LDP highlights that the forecasted decline and ageing of North Ayrshire's population is a key issue which affects the area and that building new homes is an important response to counter the serious challenges this poses. The estimated population of the Garnock Valley in 2016 was 20,128 and the under 18 population had fallen by over 11% since the 2011 census. The population of Beith has declined by approximately 0.67% annually between the 2011 and 2022 census. A falling and ageing population tends to be associated with a decline in local service provision, less demand for education and youth services and fewer local employment opportunities. Additionally, an ageing population typically results in increased demand for health and social care services. In terms of education impacts, see consultation response from NAC Education, below. The current sufficiency calculations show that no issues with capacity are projected from this development of 44 homes. The application site is located within the General Urban Area of Beith in terms of the LDP within which new residential development is accepted in principle. The determination of a planning application for a proposed housing development within the General Urban Area is not contingent on the availability or recruitment of staff to provide health and social services: the staffing of these services is not a land use planning matter and is outwith the control of the Council as planning authority. Accordingly, little or no weight should be attached to these issues in the decision-making process given that the principle of the proposed development within the General Urban Area is accepted as part of a strategic planning policy which seeks to address the declining population of North Ayrshire. In terms of the points raised about insufficient shops and leisure facilities for the new housing in the area, this is not agreed. The proposed housing would be near Beith town centre and a short walking/cycling distance from the main shopping and business areas in the town. Furthermore, there are recreational opportunities available at Bellsdale Park, Beith Bowling Club, and Orr's Trust Public Park, all within a short walking/cycling distance of the site, as noted above. 8. Concerns have been raised about potential adverse impacts to the surrounding area in terms of noise, light, dust during construction. There are concerns about the hours of construction and the impact on the road. 20
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Response: A construction environmental management plan could be attached as a condition of planning permission. See also Consultation response from Environmental Health, below. The section has made observations about the permitted construction hours. 9. Concerns have been raised about the correct ownership of the land. There are concerns that not all landowners were notified of the application. Response: To comply with statutory procedures, the applicant was required to give notice to any person (other than the applicant) who at the beginning of the prescribed period is the owner of any land to which the application relates. The applicant was also required to issue a certificate stating that above had been done. A land ownership certificate was submitted as part of the application form accordingly. 10. Concerns have been raised about the potential impact of the proposed development on the category B listed building at 1 Glebe Road. Response: There is considered adequate spacing between the proposed housing and the listed building to ensure that there would be no adverse impact on its character or appearance or its setting. 11. There are concerns that the proposed development would have an adverse impact on the house prices of houses in the area. Response: This is not a material planning consideration. 12. No developer contributions are proposed. Response: No developer contributions are required in this case. 13. Concerns raised about the archaeological interest in the site and the potential impact to archaeological remains under the site. Response: See consultation with West of Scotland Archaeological Service (WoSAS) below. A condition could be added if planning permission is granted to address potential archaeological interest in the site. 14. Concerns have been raised about the submitted Planning Statement by the applicant. There are concerns that the Planning Statement contains inaccuracies in terms of the commentary made on the highlighted policies of the development plan (the LDP and NPF4). Response: The proposed development is considered in terms of the relevant policies of the development plan in the Analysis section below. 15. There are concerns about the revised drawings submitted in November 2024 with regards to the site levels. The revised layout would appear to involve substantial earthworks and land forming to establish new levels. No cross sections through the site have been provided to illustrate the extent of ground modelling that will be involved to construct the proposed development. 21
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Response: A revised site levels drawing to the reflect the updated proposed site layout was submitted in January 2025. 16. There are concerns that the neighbour notification process was not undertaken correctly. Response: As noted above, neighbour notification was undertaken for the application in accordance with statutory procedures, which involved letters being sent to all addresses within 20m of the site. The application was also advertised in a local newspaper, the Ardrossan & Saltcoats Herald. Following the submission of revised drawings in November 2024, all neighbours within 20m of the site and all previous contributors were re-notified of the changes and the application was re-advertised in the Ardrossan & Saltcoats Herald. 17. Concerns have been raised about the loss of trees as part of the proposed development. Response: The impact on the existing trees within the site is considered in the Analysis section below. 18. Concerns have been raised that the proposed houses do not meet the current building regulations and therefore do not accord with the climate policies of the development that seek to reduce emissions. Response: The building regulations and associated building warrant application for the development are separate matters under other legislation. The planning application requires to be considered on its planning merits independently of any other statutes. The relevant climate polices of the development plan are considered below. Neutral comments 1. The height and type of any replacement fencing along the boundary between the site and the access road to 1, 3, 5 and 7 Glebe Road is not clear. Response: The proposed fencing layout does not highlight any change to this existing boundary treatment. Other comments RSPB - requests that measures are taken to ensure swift nest bricks are incorporated into the proposed as a biodiversity enhancement. It is recommended that a minimum of 176 swift nesting bricks (4 swift nesting bricks per property, avoiding the south elevation) are secured by condition to any planning consent. Response: See the consideration of the biodiversity and nature policies below. Bird boxes are proposed within the groups of trees around the perimeter of the site. The submitted Planning Statement also states that a swift or bird nesting brick would be incorporated into every new home built to have a positive impact on wildlife. This could be secured through condition if planning permission is granted. Consultations: 22
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Beith & District Community Council (BDCC) - no objection. Noted that this area is used as a community green space for play, dog walkers, the farmers annual Cattle Show and annual Garnock Valley Carves Event. Despite no objection, a range of concerns were raised from community members. Response: Noted. Most of the concerns raised by BDCC have either been addressed earlier in this report or are considered in the Analysis section below. Some concerns are outwith the scope of the current application or are not material planning considerations. NAC Active Travel and Transport (Roads) - concerns regarding sections of streets within the development where vehicle speeds may exceed 20mph. Modifications to the development required, particularly at site entrance, to ensure the design naturally encourages vehicles to maintain speeds below 20mph without relying solely on "add-on" traffic calming measures. Currently, the design lacks a street hierarchy, as the same road type is used throughout the entire development. The infrastructure should be appropriately aligned with the expected traffic volume on each street. Additionally, a speed survey on Glebe Road is necessary to determine if any speed reduction measures are needed. ATT also request confirmation on whether the non-adopted footpath will be included as part of the development. Response: Following the submission of the revised layout in December, the applicant also provided the findings of the speed survey as requested. Following discussions with the Council's Roads section, the applicant proposed speed cushions on Glebe Road. In principle, Roads have no objections to the proposed speed cushions, subject to detailed designs being carried out. A condition could be added to any consent to secure the final details of the proposed speed cushions. Their implementation would be addressed as part of the road construction consent process. NAC Biodiversity Officer - No steps have been taken to "establish (bats) presence" via a protected species survey or include one, as recommended by the ecological report, as part of the planning application. As such the potential impacts of the development proposal on legally protected species has not been fully considered prior to the determination of the planning application. This does not provide the level of information or detail, required by law, for North Ayrshire Council, as the planning authority to determine this application with regards to protected species. Response: A further Aerial Tree Survey was submitted by the applicant in February 2025. No field signs of bats were found in any of the trees during the survey. However, a range of recommendations are made for during the works and pre-works stage. The recommendations made in both the PEA and Aerial Tree Survey could be secured by condition to any planning consent granted. See the Analysis section for commentary on the relevant biodiversity and nature policies. NAC Education - the development lies within the catchment area for Garnock Academy/Beith Primary School and St Matthew's Academy/St Bridget's Primary School. The current sufficiency calculations show that no issues with capacity are projected from this development of 44 homes. Response: Noted. 23
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NAC Environmental Health - no objections to the development subject to recommended conditions relating to a further site investigation and risk assessment of the site, site materials, local air quality, and the submission of a Dust Management Plan. Other observations are made relating to Environmental Health matters. Response: Conditions relating to the above raised matters could be added to any consent granted. NAC Flooding Officer - concerns about the drainage proposals because the proposed surface water sewer that would serve the site would discharge to a private drain. Advised to pursue an alternative acceptable proposal given that no information was provided about the existing performance of the drain about how the future performance and maintenance of the drain would be secured in perpetuity. Response: A revised drainage layout was submitted in January 2025 showing the proposed construction of an off-site surface water sewer. NAC Flooding welcomed this, but it was advised that this sewer should extend all the way to the open channel of the Mains Burn on the edge of the built-up area. The applicant has agreed to this arrangement and has submitted revised drainage layout drawings accordingly. Scottish Water - no objection. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. Further information is provided for the applicant about water and wastewater capacity, and surface water. It is noted that there is live infrastructure in the proximity of the development area that may impact on existing Scottish Water assets (150mm combined and 250mm combined sewer within the site boundary). The applicant must identify any potential conflicts with Scottish Water assets and contact the Asset Impact Team for an appraisal of the proposals. Response: Noted. An informative could be added if planning permission is granted instructing the applicant to contact Scottish Water for further discussions on the points raised. Scottish Water has the statutory responsibility for connections to the public water supply and waste water infrastructure, as well as the protection of existing assets. West of Scotland Archaeological Service (WoSAS) - The application site lies within an area of some archaeological potential based on the presence of recorded sites in the surrounding landscape. A condition is recommended to require investigation of potential archaeology below the site in the form of a written scheme of investigation followed by a programme of archaeological works prior to the initial stages of groundworks. Response: Noted. A condition could be attached to investigate the matter as per the recommendation of WoSAS. 3. Analysis When making any determination under the Planning Acts, it is the statutory duty of the planning authority to make the determination in accordance with the development plan, unless material considerations indicate otherwise. Together, the Council's Adopted Local Development Plan (LDP) and National Planning Framework 4 (NPF4) form the development plan. The relevant policies are considered below. 24
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NPF4 Policy 1 (Tackling the climate and nature crises) and NPF4 Policy 2 (Climate mitigation and adaption) Key to the assessment of the application are Policy 1 and Policy 2 of NPF4. Policy 1 states that when considering all development proposals significant weight will be given to the global climate and nature crises. Policy 2 requires the following: a) Development proposals will be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible. b) Development proposals will be sited and designed to adapt to current and future risks from climate change. c) Development proposals to retrofit measures to existing developments that reduce emissions or support adaptation to climate change will be supported. The site is not shown to be at risk of river or coastal flooding based on the SEPA Future Flood Maps. However, some surface water flooding risk is identified. The drainage and surface water issues are considered in the analysis of LDP Policy 23 (Flood Risk Management) and NPF4 Policy 22 (Flood risk and water management) below. As noted earlier, the site primarily consists of a grassed area of land with a belt of trees lining the eastern boundary and additional groups of trees located around the perimeter of the site within the settlement of Beith. The proposed development would retain most of the trees within and around the site. Furthermore, tree and shrub planting is proposed to maximise biodiversity. The nature and biodiversity aspects of the proposed development are considered fully in the analysis of the relevant policies below. The siting and design of the proposed development will be discussed throughout the analysis of the relevant policies of the development. Where relevant, the implications of the siting and design in terms of greenhouse gas emissions and climate change will be highlighted. The applicant has stated that the overriding purpose of the application is to provide housing that is proximate and available to employment locations, schools, public transport connections, shops and other facilities in Beith. Beyond that, the buildings proposed have been specifically designed to be energy efficient. Furthermore, electric vehicle charging infrastructure is proposed in line with current Building Standards requirements. LDP Strategic Policy: Spatial Strategy (Towns and Villages Objective), LDP Policy 1: New Homes and Maintaining an Effective Housing Land Supply and NPF4 Policy 16: Quality Homes The Towns and Villages Objective of LDP Strategic Policy 1 (Spatial Strategy) states that within the General Urban Area, proposals for residential development will accord with the development plan, in principle, and applications will be assessed against the policies of the LDP. Furthermore, the Council will support, in principle, development proposals within North Ayrshire's towns and villages that provide the right new homes in the right places. LDP Policy 1 states that, in principle, the Council will support and promote residential development of the 51 effective housing supply sites shown in Schedules 2a and 2b of the LDP. The Council will also support, in principle, and promote residential development of the 27 long-term housing sites shown in schedule 3. 25
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NPF4 Policy 16 seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes, in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities across Scotland. Policy 16 states that development proposals for new homes on land allocated for housing in LDPs will be supported. Development proposals for new homes on land not allocated for housing in the LDP are also supported where: i. The proposal is supported by an agreed timescale for build-out; and ii. The proposal is otherwise consistent with the plan spatial strategy and other relevant policies including local living and 20-minute neighbourhoods; and the proposal is for smaller scale opportunities within an existing settlement boundary. In this case, the application site is not specifically allocated for housing in the current LDP, although was identified as a housing opportunity site in the Garnock Valley Local Plan of 2000. As noted above, the site is located within the General Urban Area of Beith within which proposals for residential development accord in principle with the development plan. Therefore, it is considered that the proposal is consistent with the plan spatial strategy as specified in NPF4 Policy 16. NPF4 Policy 15 (Local living and 20 minute neighbourhoods) is considered fully below. However, in short, it is considered the proposed development is consistent with this policy. The site is located within a short walking/cycling distance from Beith Town Centre and other facilities and amenities in the locality. In terms of an agreed timescale for build-out, the applicant has stated that they are committed to delivering housing development on the application site as soon as possible, and with a view to the houses being built and occupied within approximately 2-3 years of securing planning permission. Finally, it is considered that the proposed development constitutes a smaller scale opportunity for within the settlement boundary of Beith. NPF4 Policy 16 also supports development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision. In this case, the original submission was for 44 no. detached houses with either 4 or 5 bedrooms. The applicant was asked to include smaller terraced and/or semi-detached units to widen the scope of the development and to cater to a wider variety of households. Accordingly, 6 no. semi-detached units were introduced to the site layout in replace of 6 no. detached units. In summary, taking the above observations into account, the proposed development accords with the relevant housing policies of the development plan. LDP Strategic Policy 2: Placemaking and NPF4 Policy 14: Design, quality and place The stated purpose of Strategic Policy 2 on Placemaking is to ensure "all development contributes to making quality places." The policy also seeks to "safeguard, and where possible enhances environmental quality through the avoidance of adverse environmental or amenity impacts." Similarly, the policy intent of NPF4 Policy 14 (Design, quality and place) is to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the Place Principle. The proposed development would provide a variety of house types (7 in total) with a mix of detached and semi-detached homes. As noted above, the applicant introduced 6 no. semi-detached houses at the request of the case officer to increase the variety. All houses 26
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would have 2 storeys with either gabled or hipped roof profiles and consistent material finishes throughout the development. There are a wide range of building types in the surrounding area. Along Glebe Road to the south of the site, there are a range of residential properties including gabled and hipped bungalows, a large two storey detached house, and the category B listed building at 1 Glebe Road (The Old Manse). Beith Primary School, a modern building, is located to the east of the site. To the north is a bowling green plus residential properties on Boghead of varying designs. Eglinton Street (B7049) is to the west with a convenience store and residential properties backing onto the application site. It is considered that the proposed housing draws upon the range of house types and other buildings within the immediate area with a mix of gable and hipped roof designs and neutral material finishes. The development would primarily consist of a single road loop with all the proposed housing facing onto the internal road layout, creating an attractive and enclosed streetscape for residents and visitors. Housing would also face onto Glebe Road. The proposed layout would also provide a strong sense of security and support the prioritisation of women's safety, considering the benefits of natural surveillance for the proposed streets, paths, and open spaces. The site would be well connected with a new vehicular access and path connection to the publicly adopted Glebe Road to the south. An existing pedestrian connection to the north (Boghead) would also be retained and improved allowing for a more direct route from the site to Beith town centre. In terms of the natural landscape of the site, the ground level rises towards the east to form a steep banking along the eastern boundary that is topped with a belt of mature trees. There are other groups of mature trees located around the perimeter of the site. An informal path has been formed over the hill along the eastern boundary. The development would primarily avoid this natural feature. However, at the request of the case officer, the applicant agreed to ensure access to the route along the banking from both the north and south ends of the site are retained for the enjoyment of both future residents and other users of the site. Furthermore, the retention of further trees and open space was agreed (see analysis of biodiversity policies below). Finally, the proposed housing would provide both internal and external spaces that could be adapted to suit the needs of future residents. Each house would have associated front and rear garden areas with off street parking and detached garages for certain house types. The proposed layout would not give rise to any overlooking or overshadowing between the houses and there is adequate distance between the proposed housing and existing dwellings to avoid any detriment to existing residents in the area. In summary, it is considered that the siting and design of the proposed development accords with the LDP Strategic Policy 2 and NPF4 Policy 14 and would make a successful and quality place for residents and visitors to the site. LDP Policy 16 (Protection of our Designated Sites), LDP Policy 18 (Forestry, Woodland, Trees and Hedgerows), NPF4 Policy 3 (Biodiversity), NPF4 Policy 4 (Natural places), and NPF4 Policy 6 (Forestry, woodland and trees) In terms of LDP Policy 16, the site is not subject to any environmental designations of local or national importance. However, the relevant NPF4 policies (noted above) place a greater importance on the conservation, restoration, and enhancement of biodiversity and natural features. Section a) of NPF4 Policy 3 (Biodiversity) states that: 27
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• Development proposals will contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats and building and strengthening nature networks and the connections between them. Proposals should also integrate nature-based solutions, where possible. Furthermore, section c) states that • Proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development. Similarly, NPF4 Policy 4 (Natural places) does not support development proposals which by virtue of type, location or scale will have an unacceptable impact on the natural environment. Furthermore, development proposals that are likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on a site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the planning and design of development, and potential impacts must be fully considered prior to the determination of any application. As noted earlier, there are trees present both within and around the perimeter of the site. NPF4 Policy 6 (Foresty, woodland and trees) seeks to protect and expand forests, woodland and trees. In support of the application, a Preliminarily Ecological Appraisal (PEA) prepared by Wild Surveys Ltd and dated 12th July 2024 was submitted. The PEA reports that the site consists of mainly semi-improved grassland (good condition) and individual mature trees (good condition) with some dense bramble scrub and a non-native hedge which are excluded from condition assessment. Grassland, hedgerow and mature trees may be directly impacted by the proposed development. The site may support bats, red squirrel, pine marten, reptiles, badger and birds. However, no field signs of protected species were present within the site. Mature trees within the site may support roosting bats and require further inspection. Habitats of higher ecological value include unmanaged grassland and mature trees, some of which are veteran trees, which provide opportunities for biodiversity. The site is also connected to further woodlands to the west, south and north. A line of trees on the eastern boundary, and a hedgerow on the northern boundary, may provide flightpaths for bats, connecting the site with further woodlands to the south and west. The site contributes to a CSGN woodland hotspot and a Primary Opportunity Area for connecting existing woodland patches adjacent to the southwest corner of the site is noted within the CSGN. A range of recommendations and measures to protect habitat and species both prior to and during construction are made within the PEA. It is recommended that tree removal be limited, especially of those with roost features that may support bats. Vegetation removal should be avoided during the nesting bird season (March to September). A condition could be attached to any consent granted to ensure the developer implements the recommendations made in the PEA. 28
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In terms of bats, the PEA also recommended that a further survey for protected species should be carried out to inform planning permission. Accordingly, an Aerial Tree Survey was undertaken in November 2024 and the subsequent report submitted in February 2025. No field signs of bats were found in any of the trees during the survey. However, the report makes a range of further recommendations to check for and protect bats prior to and during works on site. These include the following: • Four trees categorised as PRF-I (only suitable for individual bats or very small number of bats) should be subject to a pre-works check, by a licensed ecologist, to check for the presence/absence of bats due to the high mobility of the species. • Four trees categorised as PRF-M (suitable for multiple bats) should be subject to a bat activity survey consisting of three dusk emergence surveys, during the active season. Depending on the results of the survey, further survey work or a license may be required. • All contractors are given a Tool Box Talk, made aware of bats and what to do if bats or field signs of bats are encountered. • Works should avoid the bird nesting season (March to September). If this is not possible, a nesting bird survey should be undertaken within 48 hours prior to work taking place. The recommendations made in the survey report could be secured through a condition of planning permission, if the application is granted. A Tree Survey Report prepared Julian A Morris and dated June 2024 was also submitted in support of the application. The survey did not identify the presence of individual veteran or ancient trees on or around the site. The survey makes observation on all trees within the site regarding their condition and grading. Originally, 20 trees are identified in the Tree Survey to be removed. However, at the request of the case officer, the applicant agreed to retain 4 of these trees located near the pedestrian access to the site from Boghead. A further tree along the northern boundary would also be retained. Therefore, 15 trees are now proposed to be removed. It is noted from the tree report that 4 of the trees to be removed are in "poor" or "poor to fair" condition and are graded U (unsuitable for retention). It is therefore accepted that these trees be removed. The condition of the remaining 11 trees to be removed range from "poor" to "fair to good" and are graded from A to C. These trees are primarily located at the northern corner of the site (housing) and at the south of the site (where the proposed SuDS basin is proposed). The extent of proposed tree removal is considered acceptable. Most trees within the site would be retained, including the prominent belt of trees along the eastern boundary of the site in addition to groups of trees located along the southern and western boundaries. As noted above, the small group of trees located adjacent to the pedestrian access from Boghead would no longer be removed and would be retained. The applicant is also proposing compensatory tree planting throughout the development. The TPO located to the south-west of the site would be unaffected by the proposed development. In addition to the proposed compensatory planting throughout the development, several other biodiversity enhancements are proposed. The applicant has highlighted several areas within the application site as construction free zones, particularly around the edges of the site. Bat and bird boxes are proposed within the groups of trees around the perimeter of the 29
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site. The submitted Planning Statement also states that a swift or bird nesting brick would be incorporated into every new home built to have a positive impact on wildlife. LDP Policy 22 (Water Environment Quality) and Policy 23 (Flood Risk Management) and NPF4 Policy 22 (Flood risk and water management) Policy 22 of the LDP states that development will be required to ensure no unacceptable adverse impact on the water environment. Related to this issue is Policy 23 of the LDP which deals with flood risk management and states that generally development should avoid locations of flood risk and should not lead to significant increase in flood risk elsewhere. The policy intent of NPF4 Policy 22 (Flood risk and water management) is to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. As noted earlier, the site is not shown to be at risk of river or coastal flooding based on the SEPA Future Flood Maps. However, some surface water flooding risk is identified. Section c) of NPF4 Policy 22 states that development proposals will: i. not increase the risk of surface water flooding to others, or itself be at risk. ii. manage all rain and surface water through sustainable urban drainage systems (SUDS), which should form part of and integrate with proposed and existing blue-green infrastructure. All proposals should presume no surface water connection to the combined sewer. iii. seek to minimise the area of impermeable surface. NAC Flooding was consulted on the proposed drainage proposals. There were concerns about the drainage proposals because the proposed surface water sewer that would serve the site would discharge to a private drain. As part of the revised drainage scheme, the applicant proposes to construct an off-site surface water sewer that would extend all the way to the open channel of the Mains Burn on the edge of the built-up area. NAC Flooding has no objection to the proposed sewer location in flood risk management terms. It is noted that the sewer should be designed to Scottish Water standards and put forward for Scottish Water vesting in order to secure the sewer's future maintenance and performance. LDP Policy 27 (Sustainable Transport and Active Travel) and NPF4 Policy 13 (Sustainable Transport) The policy intent of NPF4 Policy 13 is to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The site is located centrally within Beith, close to the town centre and beside the primary school. As such, it is suitably located in terms of walking, wheeling, cycling, and public transport for nearby facilities. Path connections would run throughout the site and would connect into the existing adopted footway and footpath network on Glebe Road to the south. There is existing pedestrian connection to the north of the site to Boghead that would also be retained and improved. In terms of public transport, there are bus stops nearby on Eglinton Street (B7049). The nearest train station 30
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(Glengarnock) is a 45-minute walk, 15-minute cycle or 5-minute drive from the site. There are cycle parking facilities at Glengarnock Station, as well as car parking. The submitted Planning Statement states that all houses would benefit from electric vehicle charging infrastructure, further supporting sustainability and the transition to less carbon reliant car travel. NPF4 Policy 15 (Local living and 20 minute neighbourhoods) Policy 15 states that development proposals will contribute to local living including, where relevant, 20 minute neighbourhoods. To establish this, consideration will be given to existing settlement pattern, and the level and quality of interconnectivity of the proposed development with the surrounding area, including local access to: • sustainable modes of transport including local public transport and safe, high quality walking, wheeling and cycling networks; • employment; • shopping; • health and social care facilities; • childcare, schools and lifelong learning opportunities; • playgrounds and informal play opportunities, parks, green streets and spaces, community gardens, opportunities for food growth and allotments, sport and recreation facilities; • publicly accessible toilets; • affordable and accessible housing options, ability to age in place and housing diversity. As noted above, the site is well connected for a variety of sustainable transport modes. It is located close to Beith town centre providing opportunities for employment and shopping. Beith Health Centre is also a short walk (approx. 13 minutes) or cycle (4 minutes) from the application site. Beith Primary School is located immediately adjacent to the site on Glebe Road to the east. There is a bowling club immediately adjacent to the site to the north and Bellsdale Park is a short walk/cycle to the site which provides sports and recreation facilities. The recently redeveloped skate park, zip wire, and outdoor gym facilities at Orr's Trust Public Park is also a short walk/cycle from the site. As noted earlier, at the request of the case officer, the applicant agreed to introduce smaller semi-detached units into the proposed layout to improve the variety of house types for future residents. NPF4 Policy 19 (Heating and cooling) Policy 19 supports development proposals for buildings that will be occupied by people where they are designed to promote sustainable temperature management, for example by prioritising natural or passive solutions such as siting, orientations, and materials. The submitted Planning Statement indicates that all the proposed houses would benefit from measures which facilitate sustainable temperature management, so far as is practicable the houses are sited and orientated to benefit from natural light and heat and incorporate the use of sustainable materials. 31
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There are no other material considerations. In conclusion, it is considered the proposed development would accord with the development plan. Therefore, it is recommended that planning permission is granted, subject to the conditions noted below. 4. Full Recommendation Approved subject to Conditions 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 (inclusive of all associated supporting documentation) 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 developer shall provide full details of the proposed finishing materials to be used for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the development shall progress in accordance with such details as may be approved. Reason To ensure that the finishing materials are high quality and attractive; in the interest of the visual amenity of the area. Condition 3. That no development shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation to be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by North Ayrshire Council as Planning Authority. Thereafter, the applicant 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 ensure any archaeological remains below the ground are investigated and recorded/recovered before the development commences. Condition 4. That prior to the commencement of the development hereby approved, the applicant shall undertake a further site investigation and risk assessment of the site as recommended within Section 9 Conclusions of the desk study by DRM June 2024 C13011/NL/NJH. Remediation proposals shall also be presented in relation to any significant findings. All 32
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documentation shall be verified by a suitably qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of environmental protection prior to and during the construction phase. Condition 5. That, if there is a requirement to re-use site won material and/or to import material then the assessment criteria and sampling frequency that would adequately demonstrate its suitability for use shall be submitted to and approved by the Planning Authority prior to any material being used. In addition to this and in accordance with BS3882:2015 and BS8601:2013, material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours. On completion of the works and at a time and or phasing agreed by the Planning Authority, the developer shall submit a verification report containing details of the source of the material and appropriate test results to demonstrate its suitability for use. Reason In the interests of environmental protection during the construction phase. Condition 6. That prior to the commencement of the development hereby approved, the applicant shall submit a Construction Environmental Management Plan, inclusive of dust management and construction traffic management, to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of environmental protection during the construction phase. Condition 7. That prior to the commencement of the development hereby approved, the developer shall provide comprehensive details of the proposed speed reduction measures on Glebe Road for the written approval of North Ayrshire Council as Planning Authority in consultation with the Roads Authority. Thereafter, the speed reduction measures as may be approved shall be installed prior to the occupation of the development unless otherwise agreed in writing by North Ayrshire Council as planning authority. Reason In the interest of road safety. Condition 8. That all planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting season and seeding seasons following the occupation of the dwellings or the completion of the development, whichever is the sooner. Any trees or plants which, within a period of five years from the completion of the development 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 until established, unless North Ayrshire Council as Planning Authority gives written consent to any variation. Reason 33
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To ensure that the approved landscaping is carried out and maintained, in the interest of amenity. Condition 9. That the development hereby approved shall be implemented in accordance with the recommendations of the Preliminary Ecological Appraisal by Wild Surveys Ltd dated July 2024 and the Aerial Tree Survey by Wild Surveys Ltd dated February 2025 to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of environmental protection. Condition 10. That at least 176 no. swift nest bricks (4 no. per property, avoiding the south elevation) shall be installed into residential development, as hereby approved. Thereafter, the swift next boxes shall be maintained to the satisfaction of North Ayrshire Council, as Planning Authority. Reason In the interest of swift bird populations and protecting and enhancing the biodiversity of the site. Allan Finlayson Chief Planning Officer For further information please contact Mr Joe Thompson Planning Officer on 01294 324313. 34
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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. 35
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NORTH AYRSHIRE COUNCIL 19th March 2025 Planning Committee Locality North Coast and Cumbraes Reference 24/00724/PPM Application Registered 27th September 2024 Decision Due 27th January 2025 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location Sportscotland National Centre Millport Isle Of Cumbrae North Ayrshire KA28 0HQ Applicant Mr Alan Howat And Micheal O Connor Proposal Refurbished water sports centre and lodges with additional 34 glamping pods, creation of kiosk and campervan parking. ___________________________________________________________________ 1. Description This can be ascertained by reference to the attached plans and photographs. Planning permission is sought for the refurbishment of water sports centre and lodges with additional 34 glamping pods, creation of kiosk and campervan parking. The application site relates to an existing water sports centre located on the Isle of Cumbrae. The site is located approximately 0.3 miles southwest of the Cumbrae to Largs ferry slipway and some 1.8 miles from the town of Millport. On site there is the existing main water sports centre building, three dormitory lodges to the northwest and two buildings to the southeast of the existing water sports building. The site slopes roughly west to east and the area to be developed is currently undeveloped agricultural land. The southern boundary is bounded by a mixture of trees and shrubbery, with dense tree coverage further south outwith the site. To the east of the site lies the beach and existing jetty and slipway. The site is surrounded by open fields to the north and west. The nearest neighbouring property is located approximately 25m to the southeast of the site. To the immediate south is the Horse Hill Wood Local Nature Conservation Site (LNCS) Agenda Item 4 37
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within which is an unclassified historic asset (a 'fort'). The nearest SSSI (Site of Special Scientific Interest) is Ballochmartin Bay, which is also a LNCS, some 50m to the south-east. It is proposed to repurpose the existing water sports centre and three existing dormitory lodges on site to bring the existing water sports centre back into use. These existing buildings would continue to be used for purposes within the existing use class i.e. as the main water sports centre building and as dormitory lodges. The re-use of these buildings does not in itself require planning permission. It is also proposed to build 34 glamping pods which would consist of four different types. There would be 20 single storey 1-bed pods, 4 single storey 2-bed pods, 6 L-shaped 2-bed pods and 4 1 and ½ storey 3-bed pods. The pods would be finished in the same materials (zinc and timber cladding) and would all have pitched roofs. Given the topography of the site, the highest pod would sit some 16.6m above sea level. This would be at the southwestern corner of the site. Pods at the lower point of the site would be some 4m above sea level. The existing building to the east of the main water sports building would be repurposed into a kiosk. The alterations to the kiosk would include the formation of hatch to the northern elevation. Access to the site is via the ring road (B896) which will not be altered. A secondary track road would wind through the site serving the glamping pods. Each pod would have its own parking space which would be composed of grasscrete. All pods, apart from the four 3-bed pods which would have a mezzanine bedroom, would be on a single level and would be accessed off a level plat. There would also be 22 spaces allocated for caravans and campervans to park near the main building. A play area would be provided within the site and there would be an area of informal open space to the southwest of the main building. Foul waste is treated and discharged on site, with a septic tank located at a low point in the corner of the site. An additional tank would be buried adjacent the existing one to take drainage from the additional pods. Surface water would feed into the existing ditch and out to sea via the existing discharge on the site. The sloped roofs would minimise any potential increases in surface water gathering on roofs. In terms of the Adopted Local Development Plan (LDP), the application site is located within the countryside of Cumbrae and is within a Special Landscape Area. The site also lies adjacent to Horse Hill Wood LNCS and close to Ballochmartin Bay LNCS and SSSI. The relevant policies of the LDP to the proposed development are The Countryside Objective and The Coast Objective of Strategic Policy 1 (Spatial Strategy), Strategic Policy 2 (Placemaking), Policy 6 (Supporting Sustainable Tourism), Policy 13 (Non-designated Archaeological Sites and Monuments), Policy 15 (Landscape and Seascape), Policy 16 (Protection of our Designated Sites), Policy 18 (Forestry, Woodland, Trees and Hedgerows), Policy 20 (Outdoor Sports Facilities) and Policy 23 (Flood Risk Management). In terms of National Planning Framework 4 the relevant policies are Policy 1 (Tackling the climate and nature crises), Policy 3 (Biodiversity), Policy 4 (Natural Places), Policy 6 (Forestry, woodland and trees), Policy 14 (Design, quality and place), Policy 21 (Play, recreation and sport), Policy 22 (Flood risk and water management) and Policy 30 (Tourism). 38
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A Local Place Plan prepared by Cumbrae Community Council was formally registered on 22nd January 2025 and therefore, is a material consideration when assessing this application. A Proposal of Application Notice (PoAN) was submitted 8th May 2024 (24/00446/PREAPM). The following documents were submitted as part of the application: Design and Access Statement: Provides context as to why the site was chosen and details insights into the design concept and constraints of the development. Landscape Visual Assessment: Concludes that there are no designations or constraints which apply to the site or adjacent landscape which would preclude the proposed development. Comments that the scale and design of the proposed pods would blend with the landscape of the hill. Considers the area to the west of the buildings will experience greatest change. Concludes that there will be little impact on parts of the site which have previously been in use as the water sports centre as the current site is maintained in a similar fashion even although not currently in use. There will be some impact on the rough grassland of the site to the west when platforms for chalets are formed, and roads and paths are installed. Grassland is of some value but lacks diversity. Opportunities to enhance the biodiversity of the area through the sowing of meadow grass and planting of location appropriate native trees throughout. This would help set the new parts of the development within the landscape and would be in-keeping with the nature of the accommodation and outdoor lifestyle being promoted. PAC Report: The public consultation exercise was carried out between 1st July and 7th August 2024. The proposals made available to the public during the consultation event were indicative and at the early design stage. Two in-person events were held at Garisson House in Millport on two separate dates and an online consultation was available on the agent's website. The consultation was advertised in the local press. A total of 46 people attended the in-person consultation. Feeback from the consultation event highlighted the large level of support on the island for the proposal. Preliminary Ecological Appraisal and Preliminary Roost Assessment: A Phase 1 Habitat Survey was carried out. This includes assessment of potential protected species. Information relating to species was provided. The survey identified the area as a built-up area consisting of buildings and hardstanding surrounded by short mown amenity grassland. To the west of the building area is an area of unmanaged semi-improved grassland, with areas of tall ruderals and scrub near the boundaries. The area contains suitable habitat for foraging and roosting bats, foraging/commuting otter, badger, reptiles, red squirrel and nesting and wintering birds. The buildings provide potential for bat roosts. 39
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The survey also provides recommendation for potential mitigation and biodiversity enhancement. Phasing Plan: In response to the findings in the Preliminary Ecological Appraisal, the applicant produced a phasing plan of the proposed development. The phasing plan details the timeline of each aspect of the proposal. It states that the area where the roost was found is an existing building for which no works requiring planning permission are proposed. These areas will be subject to the relevant recommended further surveys. Relevant Planning History None. 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 Neighbour notification was carried out in accordance with statutory procedures. The application was also advertised in the local press (Largs and Millport Weekly News). A total of 3 representations were received, two objections and one in support. The comments are summarised below. Objection comments: 1. Additional traffic: concerned that the proposal would impact traffic as the entrance and exit is near the ferry slip and bend in the road. The environment is already under significant stress Response: NAC Active Travel and Transportation was consulted and have no objections. Their comments are set out below. NAC Environmental Health was also consulted and have no objections. They suggest studies of potential air quality impacts and contamination, if any, with appropriate remediation. This could be controlled by a planning condition. 2. Scale and location: If completed to this scale it will become a major venue. It is situated outwith the town and will take business away from already established businesses. Response: The proposed development would result in the formation of 34 glamping pods and the refurbishment of the existing water sports centre building and lodges. It 40
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is considered that the glamping pods would be of modest scale and would be evenly spread out across the site. It is not considered that the proposal would lead to overdevelopment within the site. Whilst it is located outwith Millport, it is not considered that the development would be detrimental to Millport town centre. The impact of the site on the surrounding area is considered in the analysis section below. 3. Majority of development appears to be cabins or yurts. At the public consultation, many people flagged up the possibility of including a campsite to reduce the number of wild campers. This aspect seems overlooked. Response: Noted. The application relates to the formation of glamping pods. The applicant states that the development of the pods is likely to be staggered and therefore, other offerings on site (such as camping) may be feasible during this period. The applicant is aware that planning permission may be needed for other proposed offerings on site. 4. Caravan parking: this area for parking seems to be a very small part of the development. Response: The main part of the development relates to the formation of the 34 glamping pods and refurbishment of the existing water sports centre buildings. In addition, the proposal includes the formation of 22 campervan parking spaces. It is considered that the formation of these spaces would offer appropriate campervan parking facilities. Again, if the applicant wishes to increase the offerings of the site, further planning permissions may be required. 5. The delineated water park is in an exposed area in certain winds. Millport bay might be a better site for this. Response: The proposal would create glamping pods whilst also involving the refurbishment of the existing water sports centre on site. It is considered that the use of the existing site is appropriate as it would bring an existing water sports centre back into use and would provide additional accommodation for visitors to the island. Supporting comments: 1. Satisfied the development would be beneficial to the island. Applicant has addressed concerns raised with them and happy with the response. Response: Noted. 2. Road calming measures should be considered as the road is very busy. Response: NAC Active Travel and Transport were consulted, and the comments are set out below. 3. Any future development outwith the current proposals should ensure that the visual outlook is not compromised with the placement of static caravans. Would not want water supply impacted during construction. 41
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Response: It is considered that the proposed glamping pods would be of an acceptable design and would fit into the surrounding area. The applicant is aware that any further offerings on site may require separate planning applications which will be assessed on their own merits. Amneity impacts are considered in the analysis section below. Private water supplies would be a private legal matter. Consultations: Cumbrae Community Council: Broadly supportive of the application which will bring a redundant site back into use, create additional accommodation for visitors wishing to stay on the island overnight, and create a new site for motorhomes to stay on the island where they have access to appropriate facilities, rather than parking in laybys. However, have the following comments: 1. Temporary uses of the site during the phased development, such as camping should require further permissions once details are available. 2. Additional screening should be provided between the site and the neighbouring property to the south. 3. The spacing between campervan pitches shown on the drawings does not appear to be adequate- particularly for those that might have awnings attached. 4. The proposed kiosk appears to project onto the grass verge outside of the site boundary and would potentially entail people standing or queuing on what can be a very busy and congested section of road where no footpath exists. Response: Noted. These comments were passed onto the applicant for response. The applicant has since provided more detailed plans regarding the campervan parking. The applicant also provided a further statement addressing the potential for additional offerings and that permission will be sought where necessary. Further screening has been added to the southern neighbouring boundary. Regarding the kiosk, this would utilise an existing building. Only part of the kiosk belongs to the applicant, the part closest to the road is owned by a utilities company. Scottish Water: No objection. The applicant must ensure that the requirements from Scottish Water are met. Response: Noted. The applicant is aware of Scottish Water's requirements. NAC Environmental Health: No objections subject to conditions regarding air quality and the carrying out of a desk study of the likelihood of contamination of the application site, including remediation measures if necessary. Response: Noted. Conditions relating to the above matters could be added in the event of planning permission being granted. NAC Active Travel and Transport: No objections. An existing access from the public road will be used to access the site. New internal tracks will be constructed. The internal tracks will remain private. Response: Noted. 42
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NatureScot: There are natural heritage interests of international importance close to the site, but these will not be affected by the proposal. Agree with applicant's survey that further survey required to assess the identified bar roost. It is for the planning authority to determine, within the context of its own policies, whether to request the further information suggested below to help them assess the impacts and to inform mitigation/enhancement measures. Response: The response was passed onto the applicant. The applicant has since provided a phased development plan detailing the proposed timeline of the works. The phased plan states that no works will be undertaken within the area where the protected species was found until the relevant recommended further surveys have been completed. It is noted that no works requiring planning permission are proposed for this area, which comprises the existing accommodation buildings. Works which affect protected species could be an offence under the relevant Acts and it is any developer's responsibility to ensure works are carried out with the relevant permissions. West of Scotland Archaeology Service (WoSAS): The proposed development would be located immediately north of an unclassified historic asset - a fort that is shown on Ordnance Survey maps. It is considered the visual impact of the glamping pod development on the setting of this asset has not been assessed in the Landscape and Visual Appraisal. The lodges would be constructed immediately to the north of the boundary, meaning that views from the asset to the north likely to be changed from predominantly open to an essentially suburban one. WoSAS would like to see the separation distance between the fort and new pods increased. There is also possibility for ground disturbance associated with construction of the development to encounter and remove sub-surface archaeological material. Recommend that a condition regarding the implementation of a programme of archaeological works in accordance with a written scheme of investigation. Response: Noted. The fort is not specifically identified as a scheduled monument or classified as a specific designated historic asset. The proposed development is considered to be of a scale and design appropriate for its use and location. There are existing trees to the southern boundary of the site which would screen the development from any potential viewpoint from the fort. It is not considered that the proposed development would have a detrimental impact on the setting of the fort. The impact of the development on the setting of the fort is discussed below. A condition could be added to any grant of permission to ensure the implementation of a programme of archaeological works in accordance with a written scheme of investigation. Publicity:- Largs & Millport Weekly News Reason for advertisement:- Regulation 20 (1) Advert Published on:- 16.10.2024 Site Notices:- No Site Notice 43
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3. Analysis To accord with the provisions of the Town and Country Planning (Scotland) Act 1997, the application requires to be determined in accordance with the development plan unless material considerations indicate otherwise. Each relevant development plan policy is considered below. Strategic Policy 1: Spatial Strategy (The Countryside Objective) and (The Coast Objective) The Countryside Objective of Strategic Policy 1 states that in principle, the Council will support proposals outwith North Ayrshire's identified towns and villages for (d) tourism and leisure uses, where they would promote economic activity, diversification and sustainable development, particularly where they develop our coastal tourism offer/infrastructure. The site relates to an existing water sports centre which is currently unoccupied. The proposal would see the refurbishment of the existing centre building and lodges along with the formation of no. 34 glamping pods. It is considered that the application can be supported in terms of The Countryside Objective of Strategic Policy 1. The Coast Objective of Strategic Policy 1 states that a range of uses will be supported to support North Ayrshire's coastal economy. In principle, the Council will support development proposals which meet specific criteria including; assist to develop and strengthen North Ayrshire's coastal economy and marketability; improve accessibility to visit and explore North Ayrshire's coast and islands; enhance existing strategic coastal marine assets and infrastructure- particularly where the development would address a qualitative deficiency in North Ayrshire's coastal tourism infrastructure; provide improved ashore facilities for marine activity and tourism; and provide jobs to North Ayrshire communities. In this case, the proposal would result in the reuse of an existing water sports centre and would provide additional tourism offerings such as glamping pods and other facilities. It is considered that the proposed development could improve accessibility to visit and explore the island by providing facilities and accommodation for visitors which could improve the tourism infrastructure on Cumbrae. Additionally, the proposed development would have the potential to create jobs on the island which could improve the economy of Cumbrae. Considering the above, it is considered that the proposed development meets the criteria of The Coast Objective of Strategic Policy 1. Strategic Policy 2: Placemaking and NPF4 Policy 14: Design, Quality and Place Strategic Policy 2 of the LDP states that all proposals for development should meet the qualities of a successful place. The relevant qualities in respect of this development are considered to be 'distinctive', 'safe and pleasant', 'resource efficient', 'welcoming', 'adaptable' and 'easy to move around and beyond'. NPF4 Policy 14 reiterates this with the relevant qualities being 'pleasant', 'connected', 'distinctive', 'sustainable', and 'adaptable'. The following comments are made in relation to both Strategic Policy 2 and NPF4 Policy 14. The proposal is considered to create an attractive place and draws upon the characteristics of the surrounding area. The proposed glamping pods would consist of four differing sizes and design types, and all pods would be finished in timber cladding to the external walls with 44
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zinc cladding to the roofs. The highest pod would sit at some 16.6m AOD and the lowest part of the site would be some 4.3m AOD. Referring to the submitted Design and Access Statement, the design of the proposed pods was based on the 'Viking Hut'. With the area celebrating Viking links yearly, the applicant wished to use the Viking Hut as a design base for their contemporary pods. Despite there being four different designs of the pods, all pods would be uniform in terms of their design, and all would be finished in high quality materials. The pitched roofs and dark proposed materials would help the proposed development blend into the surrounding natural landscape. On the Island, the proposed development would be visible from viewpoints from the north and west of the site. However, it is not considered that this would have a significant impact on the surrounding area. Viewpoints from the south would be minimal, with the existing woodland (Horse Hill Wood) providing a natural screen to the southern boundary of the site. Given the position of the site on the eastern coast of the Island, the proposed development would be visible from viewpoints on the mainland. From the mainland, the proposed glamping pods would be read in context with the existing buildings on the site and therefore, it is considered that the visual impact would be minimal and would not significantly affect the setting of the surrounding landscape. Furthermore, the proposed pods would be modest scale, and their design would draw upon the topography/sloped setting of the surrounding landscape. A Land and Visal impact Appraisal was submitted as part of the application which raised no significant concerns. The closest residential property would be located some 25m to the southeast of the shared southern boundary. However, the residential property's garden space would bound the southeastern boundary of the proposed site. The closest proposed glamping pod would be located some 6m off the shared southern boundary. It should be noted that the southern boundary of the site is bounded by trees/shrubs and therefore, already provides a degree of screening between the site and the nearest neighbouring property. Additionally, it is proposed to plant more screening to the southeastern corner of the site to provide further safeguarding of the neighbouring property to the southeast and mitigate any potential amenity implications that could arise as a result of the development. Given the existing screening to the southern boundary and the proposed additional planting, it is not considered that the proposed development would significantly impact the privacy of the nearest residential property. Whilst it is considered that part of the site would be transformed from an open agricultural field to a site with glamping pods, it is not considered that the amenity of this neighbouring property would be significantly impacted. The outlook from all proposed pods would be eastwards, towards the Firth of Clyde. The proposed pods would be sufficiently spaced out to ensure that the privacy of guests is safeguarded. It is not considered that any unacceptable privacy or overlooking impacts would arise as a result of the development. It is not considered that the development would lead to the overdevelopment of the site given the layout of the site. Access to the site would be from the main road (B896). There would be one main vehicular road which would flow through the site connecting the proposed pods. Each pod would have dedicated parking meaning that visitors with cars would be accommodated on site. Once on site, the pods and other facilities could be accessed by active travel. The site is approx. 0.3 miles from the ferry terminal and bus stop. Millport is approx. 1.8 miles from the site and again could be accessed by foot/bicycle or car as well as the bus service which runs between the ferry slip and Millport. 45
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NAC Environmental Health was consulted and suggest that a condition requiring an assessment of air quality. It is considered that the implementation of such a condition would ensure that the amenity of the surrounding area is protected. Additionally, the Council's Active Travel and Transport department were consulted and raised no concerns. Given the above it is considered that the proposal meets the criteria of both LDP Strategic Policy 2 (Placemaking) and NPF4 Policy 14 (Design, quality and place). LDP Policy 6: Supporting Sustainable Tourism and NPF4 Policy 30: Tourism LDP Policy 6 states that the Council will, in principle, support the creation and enhancement of tourism proposals that are in accordance with the Tourism Framework for Scotland and the Council's current Tourism Strategy. The Council's Visitor Management Plan 2024 does not comment specifically on holiday cabins, it is considered that the proposed development accords with the overall aims of the Strategy to enhance North Ayrshire coastal tourism offering. NPF4 Policy 6 states that development proposals for new or extended tourist facilities or accommodation, including caravan and camping site, in locations identified in the LDP, will be supported. The site is currently an unused water sports centre, the proposed development would see the refurbishment of the existing water sports centre as well as the addition of no 34 glamping pods. It is considered that the proposed glamping pods would be of appropriate scale for the area and would not lead to overdevelopment of the landscape. The Council's Visitor Management Plan 2024 mentions the need to review the provision of motorhome facilities across North Ayrshire. Part of the proposed development would see approx. no.22 campervan/caravan parking bays developed within the site. In the applicant's Design and Access Statement, it is stated that there is a lack of accommodation on Cumbrae meaning that many visits are daytrips. The formation of the glamping pods would provide overnight accommodation and boost the holiday accommodation offering. The Design and Access Statement states that the proposal would bring more visitors spending the night or multiple nights on the island. The applicant states that the development of the glamping pods would be staggered to allow financial stability and continuous investment into the site. In the interim, it is proposed that the site could offer other potential leisure activities within the use class. Planning permission would be sought for any additional uses where necessary. The additional activities would boost the tourist offerings on the island and consequently increase employment opportunities on the island. The applicant states that the development of the site would aid in the growth of Cumbrae's economy. It is considered that the proposal would be compatible with the surrounding area and would provide appropriate management of parking as each glamping pod would have designated vehicle parking which is also considered an appropriate measure to accommodate increased numbers of visitors. During public consultation, the lack of campervan/caravan parking on the island was highlighted. The proposal includes the provision of no. 22 campervan/caravan parking. 46
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The glamping pods would be specifically for holiday accommodation and would not result in the loss of any existing housing on Cumbrae, and it is not considered that the proposed development would have a significant impact on the provision of services for local people. Given the above, it is considered that the proposed development accords with LDP Policy 6 and NPF4 Policy 30. NPF4 Policy 1: Tackling the climate and nature crises and NPF4 Policy 3: Biodiversity Policy 1 of NPF4 requires that, when considering all development proposals, significant weight will be given to the global climate and nature crises. The policy intent of Policy 3 is to protect biodiversity, reverse biodiversity loss, deliver positive effects from development and strengthen nature networks. At present the site consists of existing buildings, hardstanding and unmanaged semi-improved grassland. The southern boundary of the site is bounded by trees. Open agricultural fields lie to the west of the site. The site relates to an existing water sports centre. The proposal would see the existing water sports centre refurbished with additional holiday accommodation. It is proposed to introduce planting of native species around the boundary of the site to reduce any potential visual impact. The compact design of the pods would allow for them to be energy efficient. There would be opportunities for renewable energy on site and this could be assessed through a further planning application, if necessary. The impact on protected species and habitats is considered below. Several mitigation and enhancement measures have been recommended in the submitted habitat survey including the implementation of biodiversity enhancement options such as the use of bat boxes, retention and expansion of existing scrubland and new planting to increase biodiversity and connectivity throughout the site. A condition could be attached to any grant of permission to require the implementation of the biodiversity enhancement recommendations set out in the Preliminary Ecological Appraisal. This would ensure that the biodiversity of the site is enhanced and protected and is in alignment with the relevant NPF4 policies. LDP Policy 13: Non-designated Archaeological Sites and Monuments The Council will only support development where it respects the integrity of North Ayrshire's archaeological landscape. In this case, an unclassified historic asset- a 'fort' - lies to the southwest of the site. It is not considered that the proposed development would have a detrimental impact on the archaeological setting of the fort. The fort is located within Horse Hill Wood LNCS. Whilst it is noted that the proposed development would be adjacent Horse Hill Wood, it is not considered that it would have a direct detrimental impact on the archaeological setting of the fort nor have an adverse impact on Horse Hill Wood. The scale of the proposed pods would be modest and tree coverage to the southern boundary would provide screening between the fort and the development site. 47
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A condition could be attached to any permission which requires a scheme of investigation for archaeology within the application site. Given the above, it is considered that the proposal would accord with Policy 13. LDP Policy 15: Landscape and Seascape The site is not subject to any designations of national importance. It is located within the Great Cumbrae Special Landscape Area. Policy 15, states that the Council will only support development which affects Special Landscape Areas where it would not have an unacceptable impact on their special character, qualities and setting. In this case, the proposed glamping pods would be modest in terms of their scale and would be of a high design quality which is considered appropriate given the surrounding landscape. It is therefore, considered that the proposal accords with Policy 15. Policy 16: Protection of our Designated Site and NPF4 Policy 4: Natural places In terms of Policy 16, the site is not subject to any environmental designations of local or national importance. However, the application site lies adjacent Horse Hill Wood (LNCS), and Ballochmartin Bay (SSSI & LNCS). It is no considered that the proposal would have any impact on these designations. In terms of protected species, a Preliminary Ecological Appraisal and Preliminary Bat Roost Assessment has been submitted as part of the application. The existing accommodation buildings within the site have been identified as potential roosting opportunities for bats. Policy 4 of NPF4 states "Development proposals that are likely to have an adverse effect in species protected by legislation will only be supported where the proposal meets relevant statutory tests. If there is reasonable evidence to suggest that a protected species is present on site or may be affected by a proposed development, steps must be taken to establish its presence. The level of protection required by legislation must be factored into the planning and design of the development, and potential impacts must be fully considered prior to the determination of any application." The applicant has provided a phased development plan for the site including how each element of the development will be implemented. The phased plan states that the area where the roost was found is an existing building for which no development requiring planning permission are proposed. It is noted that no works to the area where the roost was found will be carried out until all recommended further surveys have been undertaken. The phased plan includes the provision of a 30m protection zone around the area around the known bat roost which is to remain in place until all further surveys have been completed. Given the above, it is considered that the applicant has addressed the Council's concerns regarding the protection of the identified protected species found on site. As mentioned above, the roost was found in an existing building where proposed works would not require planning permission. Nonetheless, it is considered that the applicant's submitted phased plan is appropriate, and it is the developer's responsibility to ensure works are carried out with the relevant permissions. Several mitigation and enhancement measures were proposed to ensure that the biodiversity of the site is enhanced and protected. A condition requiring the implementation of the mitigation and enhancement measures recommended by the Preliminary Ecological 48
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Appraisal could be added to any grant of permission in the interest of the biodiversity of the site. Given this, the proposal is considered to accord with LDP Policy 16 and NPF4 Policy 4. LDP Policy 18: Forestry, Woodland, Trees and Hedgerows and NPF4 Policy 6: Forestry, woodland and trees Policy 18 states that development proposals will only be supported where they will not result in the loss or deterioration of an ancient or long-established plantation or semi-natural woodland unless there are overriding public benefits from the development that outweigh the loss of the woodland habitat. NPF4 Policy 6, intends to protect existing woodlands and trees. In this case, it is not proposed that trees or woodland would be removed to accommodate the development. Furthermore, as noted previously, Horse Hill Wood, an ancient and semi natural woodland, bounds the southern boundary of the site. The development would not cause any interference to the existing woodland. Additional planting is proposed for the southeastern boundary. The proposal is therefore considered acceptable in terms of Policy 18 and NPF4 Policy 6. LDP Policy 20: Outdoor Sports Facilities and NPF4 Policy 21: Play, recreation and sport In terms of LDP Policy 20, the development would not involve the loss of an outdoor sports facility but instead would bring a currently vacant sports centre back into use. The proposal would include the refurbishment of the existing site and facilities and would also create new facilities such as the glamping pods. The intent of NPF4 Policy 21 is to encourage, promote and facilitate spaces and opportunities for play, recreation and sport. It is considered that the proposed development would enhance the existing site as well as facilitate the reuse of an existing sports facility. The proposal therefore accords with Policy 20 and NPF4 Policy 21. LDP Policy 23: Flood Risk Management and NPF4 Policy 22: Flood risk and water management LDP Policy 23 states that generally, development should avoid locations of flood risk and should not lead to a significant increase in the flood risk elsewhere. The Policy intent of NPF4 Policy 22 is to strengthen resilience to flood risk by promoting avoidance as a first principle and reducing the vulnerability of existing and future development to flooding. Policy 22 (a iii) states that development proposals at risk of flooding or in a flood risk area will only be supported if they are for redevelopment of an existing building or site for an equal or less vulnerable use. In this case, the proposed development would include the formation of glamping pods and the refurbishment of an existing water sports centre. The redevelopment of the site would result in the use of the site remaining as a water sports facility but with the addition of visitor accommodation. In terms of SEPA's flood maps, a small section to the east of the site has a chance of high and medium likelihood for coastal flooding. This part of the site is where the existing kiosk building and hardstanding area is situated. A further section of the site to the east has a 49
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chance of low likelihood for coastal flooding. Again, this section of the site relates mainly to the existing buildings, water sports centre and parking area. The area of the site where the proposed glamping pods would be sited has no likelihood of coastal flooding or surface water flooding. Referring to Policy 22 (a iii), the development of the site relates to the refurbishment of the existing water sports centre and therefore, it is considered the proposal would accord with NPF4 Policy 22. Cumbrae Community Council Local Place Plan: As mentioned above, Cumbrae Local Place Plan (prepared by Cumbrae Community Council) was submitted to the Council in December 2024 and formally registered on 22nd January 2025. The views of the community have been identified in 19 proposals. The following proposals are most appropriate. Proposal 8 (Encourage expansion of the motorhome site at the Garrison and the creation of formal camp sites with parking and other facilities on sites identified on the map) and Proposal 16 (Seek new protections to discourage visitors staying overnight in campervans and motorhomes outside of designated sites). Both proposals look to promote increased caravan parking provisions to free up existing parking facilities on the Island. In response to this, the proposed development would include the formation of 22 caravan parking spaces and the formation of allocated parking spaces to serve the glamping pods. It is considered that the proposed development would align with the relevant proposals prepared in the Cumbrae Local Place Plan and therefore, it is considered to be acceptable. There are no other material considerations. In conclusion, it is considered the proposed development would accord with the development plan. Therefore, it is recommended that planning permission is granted, subject to the conditions noted below. 4. Full Recommendation Approved subject to Conditions Reasons for Decision Condition 1. That, no development shall take plan within the development site 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 submitted for the written approval of 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 North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service. 50
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Reason In recognition of the archaeological significance of the site. Condition 2. That prior to the commencement of the development hereby approved, a desk study of the application site (including the review of any previous site investigations) to assess the likelihood of contamination and assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment shall be undertaken and verified by a suitable qualified Environmental Consultant. Remediation proposals shall also be presented in relation to any significant findings. All documentation shall be verified by a suitably qualified Environmental Consultant and be submitted to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure that any unsuspected contamination is identified and dealt with appropriately on site and to meet the requirements of NAC Environmental Health. Condition 3. That prior to the commencement of development, the applicant must demonstrate that increased road traffic, generated as a result of the development hereby approved, shall not have a detrimental effect on the local air quality or result in an increase in concentrations of atmospheric pollutants such that statutory Air Quality Objectives would be exceeded at any location of relevant public exposure. Reason In the interests of amenity; to ensure that the local air quality and amenity of the surrounding area is safeguarded. Condition 4. That the development hereby approved shall be carried out in accordance with the phasing plan, submitted with this application, all to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure that the development is carried out in accordance with the phasing plan; in the interests of amenity. Condition 5. That details of landscaping for each phase, as detailed in the submitted phasing plan, shall be submitted for approval to the Council, as Planning Authority, prior to the commencement of each development phase. Thereafter, the landscaping for each phase, as may be approved, shall be carried out in the first planting season following completion of the relevant phase. Reason To ensure appropriate landscape measures are utilised and that the amenity of the surrounding area is protected. Condition 6. That any landscaping which dies, becomes diseased, is removed or otherwise fails within 5 years of the completion of the development shall be replaced within the first 51
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appropriate planting season following failure to the satisfaction of the Council, as Planning Authority. Reason To ensure the landscaping is maintained; in the interests of amenity. Condition 7. That prior to the commencement of the development details of biodiversity enhancement measures, as set out in the submitted Preliminary Ecological Appraisal shall be submitted to the Council, as Planning Authority, for approval. Thereafter the development shall be undertaken in accordance with any such measures as approved and retained in perpetuity to the satisfaction of the Council, as Planning Authority. Reason To ensure that the biodiversity of the site is enhanced; in the interests of amenity. Allan Finlayson Chief Planning Officer For further information please contact Charlotte Conway on 07990 410 901. 52
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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. 53
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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. Agenda Item 5 55
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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 56
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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.
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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 58
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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 59
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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. 60
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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. 61
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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 Agenda Item 6 63
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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 64
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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. 65
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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. 66
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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. 67
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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 68
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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 69
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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 70
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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, 71
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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. 72
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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. 73
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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 Agenda Item 7 75
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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. 76
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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 77
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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 78
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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. 79
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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. 80
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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. 81
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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. 82
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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. 83
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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. 84