2500130PP - Hunterston Construction Yard, Fairlie
North Ayrshire Council · 21 May 2025
Back to Planning Committee — 21 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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NORTH AYRSHIRE COUNCIL 21st May 2025 Planning Committee Locality North Coast and Cumbraes Reference 25/00130/PP Application Registered 26th March 2025 Decision Due 26th May 2025 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location Hunterston Construction Yard Fairlie North Ayrshire Applicant Clydeport Operations Ltd Proposal Proposed earthworks to grade existing construction yard area to tie in with adjoining site ground levels, including boundary fencing, lighting columns and CCTV ___________________________________________________________________ 1. Description Planning permission is sought to carry out earthworks which would result in an area of land within the Hunterston Construction Yard being regraded to tie in with permitted ground levels on an adjacent site. The adjacent site was granted planning permission (ref: 24/00444/PPM) by the Planning Committee in December 2024 to allow works including the infilling of the existing dry dock. This proposal would essentially incorporate the application site into the approx. 40ha site granted permission in December 2024. Part of the site was originally included in the application for Bakkafrost's RAS facility, granted permission (ref: 24/00588/PPM) by the Planning Committee in April 2025. However, no specific works were proposed for this part of the site, and it is understood not to be required for the RAS development. Development of this area would not impact on the implementation of that permission.
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The whole Construction Yard has a lawful use for general industrial purposes (ref:
22/00717/LUE).
The application site is 'L' shape in plan form comprising some 1.86ha of land along the
southern and western boundaries of the RAS site. It is proposed to raise the land, which sits
approx. between 6.5mAOD and 8mAOD, to between approx. 7.8mAOD and 8.m AOD.
Security fencing and lighting similar to that approved under the December 2024 permission
is also proposed for the boundary.
The proposal was screened in accordance with the Town and Country Planning
(Environmental Impact Assessment) (Scotland) Regulations 2017 on 11th March 2025 (ref:
25/00086/EIA). No EIA was required.
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 2, Strategic Policy 3, Policy 7, Policy 15, and Policy 16
of the LDP and Policy 1, Policy 4 and Policy 14 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. No comments were received.
NAC Environmental Health - No objections. The presence of any significant unsuspected
contamination that becomes evident shall be brought to the attention of Environmental
Health with a suitable remediation strategy to be agreed and carried out.
Response: Noted. Such a condition could be attached to any permission. Other conditions
relating to potential environmental disturbance as required by permission 24/00444/PPM
could also be attached.
Given the scale of the proposal no other consultations were carried out. However, it is noted
that Transport Scotland, NAC Active Travel and Transportation (Roads), Office for
Nuclear Regulation, Northern Lighthouse Board, Marine Scotland, SEPA , NAC
Flooding, and NatureScot were all consulted in respect of 24/00444/PPM and had no
objections. Conditions imposed on that permission could be attached to any permission for
this site to ensure consistency across the wider area.
3. Analysis
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 andPage 3
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 'Infrastructure to support a multi-modal deep-water harbour.' 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. 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,' 'safe and pleasant' and 'adaptable.' Policy 14 of NPF4 is essentially a reiteration of the six qualities, with the relevant qualities being 'distinctive,' 'sustainable,' 'pleasant' and 'adaptable.' The infilling of the dry dock basin and creation of the quay wall has already been approved as infrastructure to support a multi-modal deep-water harbour. This proposal would support the development of that proposal. The land also has a lawful use for general industry and this development will facilitate such uses. The proposal would support the repurposing of the Hunterston Construction Yard. As such the proposal accords with the principles of Strategic Policy 3 and Policy 7 of the LDP and Hunterston Strategic Asset, as identified in NP4, and the development framework for Hunterston PARC. The proposal also meets the 'adaptable' criteria of Strategic Policy 2 of the LDP and Policy 14 of NPF4 in that it will facilitate re-use and flexibility for an existing industrial site. Policy 15 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 regrading of land to provide a more consistent level. This would mean raising of sections by between 0m and 1.3m. These works would not be readily visible from outwith the site and it is noted that a factory development has been permitted immediately adjacent. Lighting columns and fences would be erected around the edge of the site. They would be similar in appearance to those approved for the rest of the yard. The physical appearance of the works is as may be expected for an industrial area. Given all of the above, it is not considered that the visual impact of the proposal would be such to harm the amenity of the area or local landscape features. The development is therefore considered to accord with Policy 15 of the LDP and the 'distinctive' qualities of Strategic Policy 2 and Policy 14 of NPF4.
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Policy 16 of the LDP states that support will be given to development which would not have an unacceptable impact on our valuable natural environment. Development affecting Sites of Special Scientific Interest (SSSIs) will not be permitted unless it can be demonstrated that the overall objectives of the designation and the overall integrity of the designated area will not be compromised, or any adverse effects are clearly outweighed by social, environmental, or economic benefits of national importance. Policy 4 of NPF4 is similar to Policy 16 of the LDP in that it states development proposals that will affect SSSIs will only be supported where the objectives of designation and overall integrity will not be compromised, or any significant adverse effects are clearly outweighed by social, environmental or economic benefits of national importance. The application site is not within any designated site. However, it is bounded on its northern and eastern side by the Southannan Sands SSSI. This was first notified as a SSSI in 1971 and re-notified in 2013 with a reduced area. The SSSI is notified for its intertidal marine habitats and saline lagoons: sandflats. The sandflats extend for over 4km of coast, divided into three areas by the Hunterston Construction Yard and the jetty of the former coal terminal. The proposed works are restricted to the interior of the existing yard. NatureScot was consulted in respect of the wider works on the proposal and offered no objections subject to a condition requiring an intertidal survey to be completed in advance of works commencing with details to be submitted and agreed. This should form part of a Construction Environment Management Plan (CEMP). Such a condition could be attached to any permission in respect of this development. The application for the wider yard included surveys of species within and near the site and mitigation measures to minimise disturbance during construction. Such mitigation could be required by condition as could the employment of an independent ecological clerk of works (ECoW) to ensure compliance with the CEMP. This would again tie in with the December 2024 permission. The surface water from the site currently drains to the Clyde and it is proposed to continue to do this. Subject to such conditions, it is not considered that the proposal would harm the objectives of the SSSI or its integrity. The proposal therefore complies with Policy 16 of the LDP and Policy 4 of NPF4. The proposal would also meet the 'resource efficient' and 'sustainable' qualities of Strategic Policy 2 of the LDP and Policy 14 of NPF4 in that supports the efficient use of resources and integrates biodiversity solutions. Conditions relating to the management of potential construction amenity impacts, such as dust and working hours could be controlled through any CEMP as could a Construction Traffic Management Plan (CTMP). These are all requirements of the December 2024 permission. Transport Scotland and NAC Active Travel and Transportation (Roads) were consulted and offer no objections. A condition could be attached to any permission requiring the submission of a Construction Traffic Management Plan (CTMP) to include measures to mitigate Subject to such conditions it is not considered the proposal would have any significant adverse impacts on local amenity, the road network or navigation. The proposal therefore
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accords with the 'safe and pleasant' criteria of Strategic Policy 2 of the LDP and the 'pleasant' criteria of Policy 14 of NPF4. Policy 1 of NPF4 states that when considered all development proposals significant weight will be given to the global climate and nature crises. The site is an existing industrial yard. The proposed works would facilitate the use of the yard. Any future uses which require planning permission would be considered on their own merits. However, it is not considered that the works subject of this application is intrinsically incompatible with addressing the climate and nature crises and the impact on protected species and habitats is considered above. Indeed, the changes to the yard could allow for development which would help address those issues. The proposal accords with Policy 1 of NPF4. The proposal is considered to accord with the relevant policies 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 any works commencing on site a Phase II Intertidal Survey will be completed and provided to North Ayrshire Council, as Planning Authority, and NatureScot. The Construction Environment Management Plan (CEMP) will be updated to reflect the findings of this survey including details of the approach to ongoing assessment of the identified PMFs during and post works. Following completion of the works a Project Completion report will be provided detailing the PMF condition recorded during and post work completion. This report will also detail any remedial work required to be carried out on the basis of the monitoring results, to be agreed with the Council, as Planning Authority, in consultation with NatureScot. 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 the CEMP reflects any potential impacts on the adjacent intertidal area and provides an appropriate construction management plan and to meet the requirements NatureScot. 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
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To ensure proper oversight during the construction process Condition 3. Prior to commencement of the development a Construction Traffic Management Plan (CTMP) shall be submitted to the Council, as Planning Authority, for approval in consultation with Transport Scotland. Such a plan should include measures to facilitate the continuous operation of the Ayrshire Coastal Path. Thereafter all works are to be carried out in accordance with any CTMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure construction traffic is suitably managed and to maintain appropriate operation of the coastal path network Condition 4. That no infill material shall be brought to the site by road. Reason In recognition of the transport assessments carried out and in the interests of road traffic management. Condition 5. Prior to the commencement of the development, a Construction Noise Management Plan (CNMP) shall be submitted to the Council, as North Ayrshire Council, for approval in consultation with NAC Environmental Health. Any CNMP shall include details of proposed monitoring for any possible work outwith the hours 7am to 7pm and details of procedures to be undertaken should NAC Environmental Health receive a valid complaint relating to noise disturbance. Thereafter all works shall be carried out in accordance with any CNMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate management of noise from construction in the interests of amenity. Condition 6. Prior to the commencement of the development, a Dust Management Plan (DMP) shall be submitted to the Council, as North Ayrshire Council, for approval in consultation with NAC Environmental Health. Thereafter all works shall be carried out in accordance with any DMP as may be approved, to the satisfaction of the Council, as Planning Authority. Reason To ensure appropriate management of dust from constriction in the interests of amenity. Condition 7. The works shall be carried out in accordance with the recommendations set out in Section 5.2 of the Phase 1 Geo-Environmental Risk Assessment, prepared by Envirocentre dated March 2024. Any unsuspected contamination become evident during the works shall be brought to the attention of NAC Environmental Health. Thereafter a suitable investigation strategy as agreed with North Ayrshire Council, as Planning Authority, shall be implemented
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and any necessary remediation works carried out prior to any further works taking place on the site, all to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure that any unsuspected contamination is identified and dealt with appropriately site and to meet the requirements of NAC Environmental Health. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320.