Agenda Document Pack - Planning Committee - 23/04/2025
North Ayrshire Council · 23 April 2025
Back to Planning Committee — 23 April 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, 23 April 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 March 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 24/00588/PPM : Hunterston Construction Yard, Fairlie, North Ayrshire Seeking permission for the creation of a RAS (Recirculated Aquaculture System) Complex to include all buildings, access roads, parking, landscaping and other required infrastructure (copy enclosed). 4 Urgent Items Any other items which the Chair considers to be urgent. 1
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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 2
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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: 3
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Planning Committee 19 March 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, Chloé Robertson, and Ronnie Stalker. Present (Remote Participation) Scott Davidson, Amanda Kerr, Davina McTiernan and Jim Montgomerie. In Attendance A. Finlayson, Chief Planning Officer; and A. Hume, Senior Development Management 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). Also in Attendance Donald L Reid. Apologies Ian Murdoch. 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 19 February 2025 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. 24/00636/PP - Site At Glebe Road Beith North Ayrshire Submitted a report by the Chief Planning Officer seeking planning permission for the erection of 44 dwelling houses to include associated roads, footpaths, parking, landscaping and SuDS infrastructure. 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 Davidson, proposed a motion to approve planning permission subject to the conditions detailed in the report. Agenda Item 2 5
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Councillor Stalker proposed an amendment that the application be deferred until further ecological appraisal reports are complete. There being no seconder, the amendment fell, and the motion was declared carried. Planning permission was granted subject to the following conditions: 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. 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. 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. 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 documentation shall be verified by a suitably qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire Council as Planning Authority. 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. 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. 6
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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. 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. 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. 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. 4. 24/00724/PPM - Sportscotland National Centre, Millport, Isle Of Cumbrae KA28 0HQ Submitted a report by the Chief Planning Officer seeking planning permission to refurbish the water sports centre and lodges with additional 34 glamping pods, creation of kiosk and campervan parking. 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 proposed by Councillor Foster, seconded by Councillor Stalker, the Committee unanimously agreed to approve planning permission subject to the following conditions: 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 7
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undertaken to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service. 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. 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. 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. 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. 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 appropriate planting season following failure to the satisfaction of the Council, as Planning Authority. 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. 5. 24/00327/ALO - Sannox Sand Quarry, Sannox Brodick, Isle Of Arran KA27 8JD Submitted a report by the Chief Planning Officer seeking 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. The Committee noted no deputation requests were received for this application. 8
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Officers responded to Members’ questions on various aspects of the report and following a motion proposed by Councillor Foster, seconded by Councillor Robertson, the Committee unanimously agreed to approve planning permission. 6. 24/00941/PPM - Ardoch Farm, Kilwinning KA13 7QJ Submitted a report by the Chief Planning Officer seeking planning 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). 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 proposed by Councillor Davidson, seconded by Councillor Kerr, the Committee unanimously agreed that the Council responds to the Scottish Government Energy Consents Unit with no objection to the proposed development subject to the following conditions: 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. 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. 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. 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 9
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to be provided around the outer edge of the battery storage compound and the remaining field. Details of tree and plant 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. 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. 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. 7. 24/00902/CON – Site to the South of Bannoch Cottage, Old Glasgow Road, Kilwinning Submitted a report by the Chief Planning Officer seeking planning permission for the formation of battery energy storage compound including means of access, erection of fencing, installation of associated infrastructure and landscaping works 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 proposed by Councillor Foster, seconded by Councillor McTiernan the Committee unanimously agreed to approve planning permission subject to the following conditions: 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. 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. 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, 10
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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. 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. 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. 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. 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. 8. Urgent Items There were no urgent items. The meeting ended at 3.30 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 11
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NORTH AYRSHIRE COUNCIL 23rd April 2025 Planning Committee Locality North Coast and Cumbraes Reference 24/00588/PPM Application Registered 27th August 2024 Decision Due 27th December 2024 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location Hunterston Construction Yard Fairlie North Ayrshire Applicant Bakkafrost Scotland Proposal Creation of a RAS (Recirculated Aquaculture System) Complex to include all buildings, access roads, parking, landscaping and other required infrastructure. ___________________________________________________________________ 1. Description Permission is sought for the creation of a Recirculated Aquaculture System (RAS) complex. This is essentially a complex for the breeding of salmon smolts. The proposed site is in the north-east corner of the Hunterston Construction Yard. The total application site is approx. 6.75ha in area, including an existing access road from the south and a route between the main part of the site and a jetty to the north-west. The actual complex itself would be within a roughly rectangular area, some 3.3ha, in the north-west corner. A section of the site to the south is marked a potential future development area but no specific plans are proposed as part of this application. A separate application (ref: 25/00130/PP) has been submitted to grade that land for future use in association with the rest of the Construction Yard. The RAS complex would be enclosed by a steel weldmesh security fence between 2m and 3m in height. Within the complex would be buildings for the various stages of fish development. These would be some 12090sqm in footprint, in total, and would be between Agenda Item 3 13
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approx. 10.8m and 12.4m in height. There would be an administrative and education centre building some 480sqm in footprint and 12.4m in height at the highest point. There would be various stores and silos for the water, oxygen and other materials required for the process. These would be between 6m and 7m in height. The site would have an internal road, parking and a SUDs retention basin for surface water. The northern and eastern edges of the site have an extant permission (ref: 23/00606/PP) 'Site preparation works, establishment of compound area and initial groundworks including landscaping and other required infrastructure.' This application proposes those same permitted works with the exception of the compound. The whole Construction Yard has a lawful use for general industrial purposes (ref: 22/00717/LUE). The application falls within the category of "national" development, in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 and National Planning Framework (NPF) 4. A pre-application consultation (PAC) was required. A PAC notice was received 11th September 2023 (ref: 23/00698/PREAPM). The proposal was screened in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 on 2nd June 2023 (ref: 23/00330/EIA). No EIA was considered to be required. However, the following environmental information was identified as being necessary and has been submitted as part of the application. Preliminary Ecological Appraisal and Baseline Wildlife Surveys Identifies that the site itself has negligible conservation value as a man-made site with an industrial use. Proposals to minimise disturbance to breeding and non-breeding birds are proposed as are habitat enhancement measures. Approx. 1.7ha of the site is to be retained as green spaces, including seawall bunds, amenity areas and permeable grassland type parking areas. An Outline Habitat Management Plan to include coastal grassland, scrub, wetland, a shorebird roost site, artificial nest sites for birds and measures to deal with invasive plant species has been included. Landscape Visual Appraisal This assesses the likely visual impact of the development from various viewpoints including landscape designations, landmarks and routeways. The appraisal determines that the impact would likely be moderate to negligible in most views. There would be a moderate impact on users of the coastal path which passes the site. However, this would be in the context of the wider industrial area and only for a limited part of the path. Noise Impact Assessment This assesses the likely noise impact of the development on the basis of 24-hour, 7-day operation. It concludes that the noise from the operation of the development would be neutral or slight. Archaeological/Heritage Assessment 14
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This is a desk-based study of the likely archaeological impacts. It concludes that the site is made of approx. 5-7m of dumped stone rubble. Therefore, it is considered there is a negligible chance of any archaeological deposits being disturbed. The proposal may have a minor adverse impact on the setting of Hunterston House (Category B Listed Building) although this is some 1.1km distant. Ground Investigation Report This considers the ground conditions of the site. It sets out the further information that any developer should consider in terms of engineering of the site and identifies potential remedial requirements. Transport Assessment This considers the impacts of the proposal on the local highway network, on and off-site parking, non-vehicle users and road safety. The document concludes that the proposal is acceptable in transport terms and would have a negligible impact on transportation. Energy Statement This sets out the energy efficiency of the proposal. It is considered the proposal would meet the Scottish Building Standards energy efficiency requirements. Solar PV is identified as a renewable energy option for the site which could contribute to a 10% increase in energy efficiency. There would also be electric vehicle charging points within the site. Flood Risk Assessment (FRA) This sets out the suggested ground level and finished floor levels for the site, when considered in terms of likely flood risk and climate change. The application has also been accompanied by: Pre-Application Consultation (PAC) Report, a Planning Statement and an Economic Report The PAC report outlines the public consultation undertaken prior to submission of the application. Public exhibitions were held in Fairlie, West Kilbride and Millport. 85 people attended these three events. There was also an online exhibition with 24 views. The public were generally positive about the proposal particularly in terms of innovation and employment. Concerns were raised in terms of noise and other environmental impacts, and it was hoped the relevant information would be submitted as part of the planning application process. The Planning Statement sets out the proposal in the planning context. The Economic Report sets out the projected economic impact of the development over a 30-year life period. It considers the construction process could generate 264 FTE jobs whilst the operation of the development could generate 15 FTE direct jobs and 35 FTE jobs in the supply chain in North Ayrshire. 15
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The site is within the Hunterston Strategic Development Area and a Business and Industry
Employment Location, as identified within the Adopted 2019 North Ayrshire Council Local
Development Plan ("the LDP"). NPF4 identifies Hunterston as a Strategic Asset. The
relevant polices are Strategic Policy 1: The Coastal Objecting, Strategic Policy 2, Strategic
Policy 3, Policy 7, Policy 15, Policy 16, Policy 24 and Policy 31 of the LDP and Policy 1,
Policy 4, Policy 10, Policy 14 and Policy 22 of NPF4.
The Council approved a development framework for Hunterston PARC, which includes the
construction yard. The development framework is a material consideration for this
application.
2. Consultations and Representations
The application was advertised in the local newspaper. One objection was received.
1. The development will lead to a net loss of development. The site is a large area of open
mosaic habitat on previously developed land, a habitat which is a conservation priority.
Habitats which developed on former industrial land are recognised by ecologists to have an
extremely high conservation value. The ecological value of the site is considered to be very
high due to the proximity to the sea. The proposed replacement works do not compensate
for this loss.
Response: The application site is not former industrial land. The Construction Yard has a
lawful use for industry (ref: 22/00717/LUE). The landowners have sought to move away
from the permitted marine construction/decommissioning use to other forms of industry.
Permission has been granted to infill the rest of the site and create a new quay wall (ref:
24/00444/PPM.) Permission has also been granted for the reprofiling of the north-eastern
corner of the site (ref: 23/00606/PP.) However, the site has not been abandoned and the
application requires to be considered in the context of the lawful industrial use. The
biodiversity impacts are considered further below.
2. The information submitted on ecology is considered to be deficient.
Response: The submitted information is considered to be acceptable for the purposes of
determining the application. Some of the surveys submitted have not been published on the
website as they relate to protected species. NatureScot has been consulted on the proposal
and their response is set out below. NatureScot has been given copies of all the submitted
surveys.
The following consultation responses were received.
NAC Active Travel and Transportation (Roads) - No objections. Construction vehicles for
the route should be prohibited from the C26 and local unclassified roads, the B780/B781
and A78 through Fairlie.
Response: Noted. A Construction Environment Management Plan (CEMP) could be
required by condition.
NAC Environmental Health - No objections. The rated noise level, as defined in BS4142,
from the operation of the facility must not exceed the background noise level at any existing
or consented noise sensitive property.
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Response: Noted. Such a condition could be attached to any permission, if granted. SEPA - No objection. No flood risk concerns. They consider water compatible developments of this type to be a relatively low risk. The flood risk to the site is solely of a coastal nature meaning any loss of flood plain capacity is unlikely to significantly increase risk elsewhere. Ther is access/egress to higher ground and mitigation through land raising, without the need for compensatory storage, is acceptable. This is because of vast coastline and any changes to an area of this size could not cause notable displacement. Support the minimum finished floor levels of 6.25mAOD. Response: Noted. NAC Flooding - Initially sought further information related to FFLs. The applicant responded in respect of FFLs to confirm that they would be 6.4mAOD, 0.15m higher than the recommended, and 6.0mAOD for ground level, as per the recommendation in the Flood Risk Assessment. Given this, NAC Flooding are content with respect to levels and recommends flood resistant construction methods be incorporated into the design. An evacuation plan to allow the use to be recoverable in the event of a flood should be prepared. The access route for safe egress in event of flood should be above 5.445mAOD. NAC Flooding also initially sought details of potential coastal erosion. The applicant responded to confirm that they consider the proposal accords with Policy 10 of NPF4. The landowner is responsible for maintaining the rock armour in a functional state in order to render the site fit for leasing purposes. NAC Flooding consider maintenance should be controlled by planning condition. Response: It is noted that the FFLs would be above the recommended level, the level of which has also agreed by SEPA. SEPA are the statutory consultation body in respect to such matters. The ground level would be 6mAOD which is the recommended level. An evacuation plan would be a matter for the operator of the site. Details of flood resistant construction methods could be included in any CEMP. Planning conditions are required to meet certain tests including being reasonable, enforceable and relevant to planning. A requirement for ongoing maintenance of the rock armour is not considered to meet those tests. This would be a private legal matter for which the landowner is ultimately responsible. Marine Scotland - No objections. Give advice to the applicant on the information they would need to provide to get authorisation from Marine Scotland under their licensing regime. Response: Noted. Scottish Water - No objections. Give advice to the applicant on the next steps in respect of a water connection. Response: Noted. NatureScot (NS) - Initially sought further information relating to pumped seawater. The applicant provided confirmation that pumped seawater is only to be used to remove excess heat from the water temperature control system. There would be no crossover of seawater 17
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with freshwater. Given this NS are content that there is likely no significant effect on the Endrick Water SAC and an appropriate assessment is not required. The proposal, as shown on the submitted plans, would have no direct impact on the extent or condition of the SSSI. Any indirect effects from possible works outside the scope of the planning application would be considered, if required, through a Marine License application. Further advice is given on marine development and usage, which falls outwith the scope of this application. NS initially also sought further information relating to potential flooding and rock armour maintenance. The applicant has provided the information and NS noted SEPAs position with respect to flooding. Based on the information on rock armour maintenance and provision of flood resilient infrastructure to prevent the release of pollutants the overall integrity of the SSSI will not be compromised. NS welcome the mitigation measures proposed in the Drainage Strategy and also the proposed mitigation measures relating to water management issues. They provide advice in relation to potential impacts on Priority Marine Features (PMFs) potential piling noise. NS recommend that a Habitat Management Plan including the information in the submitted planning statement and including NS's guidance be prepared. Response: The likely no significant effect on the SAC and no direct impact on the SSSI is noted. The works planned in the marine environment do not form part of this planning application and fall under Marine Scotland's license regime. The applicant has confirmed that concerns in relation to PMFs, piling and other marine issues will be addressed in the Marine License application process. Fairlie Community Council (FCC) - Neither supports nor objects. Any development in Hunterston Parc area will impact on the views of the area and will likely detract from the amenity of the village. Note the likely benefits to animal health in the initial stages of the fishes' lives. However, concerned thar this development could bring applications for open pen fish farms in the area. Also concerned over the regulations relating to the movement of smolts and the operation of vessels in the Clyde. Would like more information on the feed which will be fed to the fish, and any facility should be monitored and regularly inspected. FCC would wish for Bakkafrost, or any other user, to become part of the Hunterston Parc Liaison Committee. Response: Noted. The site has a lawful industrial use and is within an industrial allocation as identified in the development plan. The application is for a RAS complex only, any other development would have to be considered on its merits should it be proposed. The movement of vessels and works in the marine environment are not within the scope of planning and are not material to this application. This is also the case for feed and inspections. The applicant has expressed their willingness to join the Liaison Committee, as appropriate, with the landowner (Peel Ports) already a member. Office of Nuclear Regulation (ONR) - They are assured that the proposed development can be accommodated into off-site emergency plans with respect to the Hunterston Power Stations. Therefore, does no advise against the development. 18
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Response: Noted 3. Analysis Strategic Policy 1: The Coastal Objective of the LDP states that in principle support will be given to a range of development proposals including those that assist to develop and strengthen the coastal economy and provide jobs to communities. Strategic Policy 3: Hunterston Strategic Development of the LDP area states that proposals for certain industrial uses will be supported at Hunterston Deep Water Port including renewable generation, manufacture, maintenance and testing; maritime decommissioning and construction; bulk handling facilities; and other storage, processing and distribution and light industry facilities which would not undermine the strategic importance and unique asset of Hunterston as a deep-water port. Policy 7: Business and Industry of the LDP states that support will be given in principle to business and industry uses in identified locations, including Hunterston. NPF4 identifies Hunterston, including the Construction Yard, as a Strategic Asset. It states that the repurposing of Hunterston will be supported. NPF4 identifies certain development proposals which are to be classified as 'national' in terms of the hierarchy of development. Such national developments are considered to support the redevelopment and reuse of the existing strategic asset. Such development supports the national spatial strategy. One of the developments identified as 'national' is 'Land and buildings for industrial, commercial, research and development, and training uses.' On 1st December 2021, the Planning Committee agreed to approve a development framework for Hunterston PARC, which includes the construction yard. The development framework identifies this location as suitable for development. It identifies the site as a marine yard with scope for industrial development. It is considered that the proposed RAS complex is an appropriate industrial use. The land has a lawful use for general industry. The proposal would support the repurposing of the Hunterston Construction Yard. The applicant has provided information to suggest the economic benefits to the local economy through construction and operation. As such the proposal accords with the principles of Strategic Policy 1, Strategic Policy 3 and Policy 7 of the LDP and Hunterston Strategic Asset, as identified in NP4, and the development framework for Hunterston PARC. Policy 24: Alignment with Marine Planning of the LDP identifies the application site as part of the developed coast. Proposals in such areas are acceptable in principle where they align with marine planning. The Clyde Regional Marine Plan has not been subject to statutory consultation to date and it is therefore not considered appropriate to be a material consideration for this proposal. Policy 10: Coastal Development of NPF4 states that development proposals in developed coastal areas will be supported where they do not give rise to further coastal protection measures being required and it is anticipated to be supportable in the long term. 19
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The proposal is for development of an existing industrial yard. SEPA has been consulted and had no objections including on flooding grounds. It is not expected that further coastal protection measures would be required. The maintenance of such existing measures would be a matter for the landowner. It is noted that that the application forms a small part of the larger Construction Yard for which the landowner has permission to carry out works. As such the proposal is considered to accord with Policy 24 of the LDP and Policy 10 of NPF4. Strategic Policy 2: Placemaking of the LDP sets out the six qualities of a successful place. The relevant qualities in respect of this development are considered to be 'distinctive,' 'resource efficient,' and 'safe and pleasant.' Policy 14 of NPF4 is essentially a reiteration of the six qualities, with the relevant qualities being 'distinctive,' 'sustainable,' and 'pleasant.' Policy 15: Landscape and Seascape of the LDP states that, where appropriate, development should take into consideration its individual and cumulative impacts on landscape features. The physical works proposed comprise a complex of building enclosed by a steel weldmesh security fence between 2m and 3m in height. The buildings would be for the various stages of fish development. These would be some 12090sqm in footprint, in total, and would be between approx. 10.8m and 12.4m in height. There would be an administrative and education centre building some 480sqm in footprint and 12.4m in height at the highest point. There would be various stores and silos for the water, oxygen and other materials required for the process. These would be between 6m and 7m in height. The buildings and stores would be industrial in appearance as may be expected for such a location. The administrative and education centre building, which would be at the northern end of the complex and therefore closest to views from the sea, would be clad and have fenestration to provide interest when viewed from distance. This building would also have an outdoor terrace at second floor level, some 7.5m above ground, which would provide views from the building to the north and west. The development would only be viewable from public viewpoints from long distances, including over 1km from the nearest listed building, and would only be viewable in the context of the industrial landscape of Hunterston. NAC Environmental Health was consulted and have no objection. They state the rated noise level, as defined in BS4142, from the operation of the facility must not exceed the background noise level at any existing of consented noise sensitive property. Given that Hunterston is a strategic development area where other development is consented, and further proposals expected it is considered such a condition would be appropriate for any permission. NAC Active Travel and Transportation was consulted and has no objections. They advise that construction vehicles should be prohibited from the C26 and local unclassified roads, the B780/B781 and A78 through Fairlie. A Construction Environment Management Plan (CEMP) could be required by condition which could include prohibition of construction routes. Given all the above, the proposal is considered to have no significant impact on landscape features. The proposal therefore accords with Policy 15 of the LDP. Subject to conditions relating to construction traffic and noise, and given the distance to any sensitive properties, it is not considered the proposal gives rise to any significant amenity impacts. 20
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Policy 1 of NPF4 states that when considering all development proposals, significant weight will be given to the global climate and nature crises. Policy 16: Protection of Designated Sites of the LDP states that support will be given to development which would not have an unacceptable adverse effect on designated sites including nature conservation sites of national significance including SSSIs. Policy 4 of NPF4, has similar requirements to Policy 16 of the LDP. It states that development which would affect a SSSI will only be supported where the objectives of the designation and overall integrity will not be compromised of where any adverse effects are outweighed by benefits of national importance. The development site is adjacent to a SSSI. The applicant has confirmed that seawater from the Clyde would only be used to remove excess heat from temperature control. Seawater would not be used in the fish breeding process. NatureScot has confirmed they are content with this. They do not consider there would be any impact on the SSSI or the Endrick Water SAC - the Special Area of Conservation is a salmon breeding ground on the eastern side of Loch Lomond linked to the Clyde. The site is a man-made structure with a lawful industrial use. Proposals to minimise disturbance to breeding and non-breeding birds are proposed as are habitat enhancement measures. An Outline Habitat Management Plan has been submitted along with landscaping proposals. This includes wildflower seeding, including a coastal mix, shrubbery and soft landscaping. The exterior bund would be profiled to provide a roosting area for birds. A Habitat Management Plan based on that submitted could be required by condition as could the carrying out of the landscaping. An Ecological Clerk of Works could also be required to oversee the construction of the development. Given this, the proposal it is considered that the proposal accords with Policy 16 of the LDP and Policy 1 and Policy 4 of NPF4. Policy 22 of NPF4 states that development proposals in a flood risk area will only be supported in certain circumstances including if they are water compatible uses or essential infrastructures where the location is required for operational reasons. The applicant has submitted a Flood Risk Assessment which has been considered by SEPA. SEPA confirm that they have no flood risk concerns. This is a water compatible development and there would be no loss of flood plain capacity elsewhere. The FFLs for the buildings would be above the recommended floor level height and the ground would be over 0.5m higher than recommended. Therefore, there should be safe access and egress in the event of a predicted flood. NAC Flooding expressed concerns about the ongoing maintenance of the rock armour surrounding the site. However, the existing rock armour does not form part of this application, and its maintenance would be a matter for the landowner. Details of flood resistant construction methods could be included in any CEMP The proposal is a water compatible use with a location required for operational reasons i.e. the transport of bred salmon smolts to fish farms on the west coast of Scotland. The proposal is therefore considered to accord with Policy 22 of NPF4. 21
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Policy 31: Future Proofing for Heat Network of the LDP requires all major applications to be assessed in terms of potential to create a district heat network. The proposal would be a for a factory complex on the former construction yard. Whilst the yard has a lawful industrial use and there is permission to infill, there are no other permitted schemes to develop the yard, nor are there any existing buildings of facilities. Should other developments arise it may be possible to create a district heat network. However, it is not considered feasible at this stage. The proposal accords with Policy 31 of the LDP. The proposal is considered to accord with the relevant policies, including the relevant qualities of a successful place as set out in Strategic Policy 2 of the LDP and Policy 14 of NPF4, of the development pan. There are no other material considerations to the contrary and permission can be granted subject to conditions. 4. Full Recommendation Approved subject to Conditions Condition 1. Prior to the commencement of the development, a Construction Environment Management Plan (CEMP) shall be provided to North Ayrshire Council, as Planning Authority, for written approval. The CEMP shall include details of flood resilient construction methods and preclude the use of the C26 and local unclassified roads, the B780/B781 and A78 through Fairlie as a route for construction vehicles. Thereafter all works are to be carried out in accordance with any CEMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure an appropriate construction management plan and to minimise impacts on the area. Condition 2. Prior to commencement of the development an independent ecological clerk of works (ECoW) shall be appointed. The contact details, credentials and terms of reference shall be submitted to the Council, as Planning Authority, for approval. For the avoidance of doubt, the ECoW will audit the CEMP, and the construction practices contained therein. The ECoW will have the authority to halt any works not in accordance with the CEMP and report such incidences to the Council, as Planning Authority. Reason To ensure proper oversight during the construction process Condition 3. Prior to the commencement of the development, a Habitat Management Plan (HMP) shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. The HMP will take cognisance of the outline management plan set out in the Preliminary Ecological Appraisal dated July 2024, by Atlantic Ecology, and submitted as part of this 22
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application, and provide details of the steps to be taken through construction and operation of the site for the management and enhancement of habitats. Reason To ensure the proper management of habitats in the interests of the biodiversity of the site Condition 4. Prior to the commencement of the development, details of landscaping shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. The details shall be based on draft drawings LO1 Rev C and LO2 Rev C, submitted as part of this application, and will include details of all soft landscaping including grasscrete or similar paving areas and maintenance details. Any details as may be approved shall be carried out prior to the occupation of the complex or in the first planting season following completion of the buildings, whichever is soonest. Any landscaping which dies, becomes diseased, is removed or otherwise fails within 5 years of planting shall be reinstated in the first available planting season. Reason To ensure appropriate landscaping of the site in the interest of biodiversity and visual amenity of the area. Condition 5. That the rated noise level, as defined in BS 4142:2014+A1:2019, from the operation of the development, as defined by the approved location plan, shall not exceed the background noise level at the curtilage of any noise sensitive premises existing or consented as of the date of the permission. Reason To ensure appropriate noise levels in the interests of amenity. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320. 23
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