2500079PP - Former Coal Terminal Hunterston, West Kilbride
North Ayrshire Council · 21 May 2025
Back to Planning Committee — 21 May 2025 and its agenda
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NORTH AYRSHIRE COUNCIL 21st May 2025 Planning Committee Locality North Coast and Cumbraes Reference 25/00079/PP Application Registered 24th February 2025 Decision Due 24th April 2025 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location Former Coal Terminal Hunterston West Kilbride North Ayrshire Applicant XLCC F.a.o Mr Paul Dickson Proposal Variation of condition 11 of permission 23/00070/PP relating to the construction of a high voltage sub-sea cable manufacturing facility ___________________________________________________________________ 1. Description This application seeks to consolidate the permissions for the permitted XLCC cable factory at the former coal terminal at Hunterston. If this permission is granted there would be two detailed permissions for the site: i) 22/00712/MSCM which permitted details of the factory and ii) this application would permit a detailed permission for the tower with conditions relating to the factory removed. The time period to commence the development would remain unchanged i.e. June 2028. Planning permission is sought to vary Condition 11 of permission 23/00070/PP. That permission varied Conditions 9 and 18 of planning permission N/22/00133/PPPM relating to the construction of a high voltage sub-sea cable manufacturing facility. Planning permission 23/00070/PP was granted by the Planning Committee 23rd March 2023. Condition 11 of permission 23/00070/PP currently states Prior to commencement of the development of the tower, details of a financial bond to be secured with the land owner for the removal of the tower in the event of redundancy shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. Any such bond shall be retained through the life of the development with confirmation to be provided
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to North Ayrshire Council, as Planning Authority, on a yearly basis following completion of
the tower.
The reason Condition 11 was imposed is as follows,
To ensure steps are in place to remove the tower should the site become redundant, in the
interest of visual amenity, and in recognition of the landowner being ultimately responsible
for compliance with any conditions.
This application seeks to change the wording to read,
Prior to commencement of the works above ground level of development of the tower,
details of a financial bond to be secured with the landowner for the removal of the tower in
the event of redundancy shall be submitted to North Ayrshire Council, as Planning Authority,
for written approval. Any such bond shall be retained through the life of the development
with confirmation to be provided to North Ayrshire Council, as Planning Authority, on a
yearly basis following completion of the tower
Planning permission 23/00131/PP, 9th June 2023, was also granted by the Planning
Committee. The permission varied Condition 11 of planning permission N/22/00133/PPPM.
The wording permitted under permission 23/00131/PP is identical to that proposed in this
application.
Planning permission 22/00712/MSCM was also granted 9th June 2023 by the Planning
Committee. That permission granted the details of the factory and is unaffected by this
application or any variation to the PPPM permission.
Currently the planning permission for the tower requires a meaningful start to be made by
June 2028. Should this permission be granted, the development would have to be begun
within 3 years. i.e. June 2028.
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, and Policy 15 of the LDP and Policy 14 of NPF4. The
Scottish Government's Planning Circular 4/1998 sets out their policy on the use of planning
conditions.
2. Consultations and Representations
The application was subject to statutory neighbour notification procedures. There have
been no comments received.
3. Analysis
Planning permission in principle for the use of the land as a cable factory and detailed
permission for the construction of the tower has been granted. Detailed permission for the
factory has also been granted by the Planning Committee June 2023 (ref:Page 3
22/00712/MSCM). The principle of the development is therefore established. The application considers only whether or not the revised Condition 11 would accord with the LDP, NPF4, Scottish Government advice and any other material considerations. Strategic Policy 2 of the LDP sets out the six qualities of a successful place. The relevant quality is 'distinctive' which requires development to consider the local landscape. Policy 14 of NPF4 is essentially a reiteration of Strategic Policy 2. Policy 15 of the LDP states that support will be given the development that avoids unacceptable adverse impacts on our landscape areas. The revised wording of Condition 11 would allow works to commence at ground level and below. This would essentially allow the foundations and basement level of the tower to be commenced. The reason Condition 11 was imposed was to ensure steps are in place to remove the tower should the site become redundant, in the interest of visual amenity, and in recognition of the landowner being ultimately responsible for compliance with any conditions. The tower would be some 1450sqm in area. It would be sited some 440m north of the southern boundary of the site and 75m west of the eastern boundary of the site. It would be 25m wide, west to east, and 58m in length, north to south. It would be approx. 1km south of the settlement of Fairlie, as identified by the LDP. The site of the tower is within an existing industrial yard. The site of the tower is surrounded to the south, east and north by trees including the Hunterston House Tree Preservation Order (TPO). It would be approx. 2.8km from Cumbrae to the west. The factory buildings around the tower are permitted to be up to approx. 27m in height. Given all of the above, it is considered allowing the works up to ground level to commence without a bond would have no impact on visual amenity or the wider landscape. As such the amendment to the condition would accord with Strategic Policy 2 and Policy 15 of the LDP and Policy 14 of NPF4. Planning Circular 4/1998 states that planning conditions should only be imposed where they are necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable in all other respects. It is considered that the amended condition would remain relevant to planning, relevant to the development, enforceable and precise. The condition would remain necessary in respect of the tower i.e. the removal of the tower in the case of redundancy, being a structure visible in public realm. The condition would also remain reasonable in that it would allow works which will not have an adverse impact on visual amenity. It is also noted that permission to vary the original permission (ref: 22/00133/PPM) in these terms has already been granted (ref: 23/00131/PP). This is considered to be a material consideration which gives weight to the support of the application. If this permission is granted the development would essentially be granted a consolidated permission which includes the relevant varied conditions in one permission. It is also proposed to not include Conditions 2, 3, 4, 5, 7, 8, 9 and 10 from the original permission in any grant of this application. This is because those conditions have already been met under 22/00712/MSCM. The revised condition numbers would be as follows:
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Condition 1 (no change) Condition 2 (Condition 6 of the original permission) Condition 3 (Condition 11, as amended by this permission) Condition 4 (Condition 12, of the original permission) Condition 5 (Condition 13, of the original permission) Condition 6 (Condition 14, of the original permission) Condition 7 (Condition 15, of the original permission) Condition 8 (Condition 16, of the original permission) Condition 9 (Condition 17, of the original permission) Condition 10 (Condition 18, as amended by permission 23/00070/PP) Condition 11 (Condition 19, of the original permission) Condition 12 (Condition 20, of the original permission) Condition 13 (Condition 21, of the original permission) Planning permission should therefore be granted subject to the conditions set out below. 4. Full Recommendation Approved subject to Conditions Condition 1. That the permission is for a high voltage cable manufacturing facility with associated factories, research and testing laboratories, offices with associated stores, transport, access, parking and landscaping with on-site generation and electrical infrastructure and cable delivery system only and planning permission would be required for any other use within Class 5 of the Town and Country Planning (General Permitted Development) (Scotland) Order, as amended. Reason In recognition of the special justification for the tower and to retain control over the site and re-assess the need for the tower in the event of a different operation. Condition 2. Prior to development commencing the applicant shall implement the measures detailed under Mitigation Measures Adopted as Part of the Project in Chapter 9 Hydrogeology, Geology and Ground Conditions of the submitted EIA report dated February 2022. All documentation be verified by a suitably qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure proper consideration is given to ground conditions and ground water. Condition 3. Prior to commencement of the works above ground level of development of the tower, details of a financial bond to be secured with the landowner for the removal of the tower in the event of redundancy shall be submitted to North Ayrshire Council, as
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Planning Authority, for written approval. Any such bond shall be retained through the life of the development with confirmation to be provided to North Ayrshire Council, as Planning Authority, on a yearly basis following completion of the tower. Reason To ensure steps are in place to remove the tower should the site become redundant, in the interest of visual amenity, and in recognition of the landowner being ultimately responsible for compliance with any conditions. Condition 4. Should the tower become redundant, it shall be removed within 6 months of redundancy. For the avoidance of doubt, redundancy means the factory not becoming operational within 3 years of construction of the tower or the factory ceasing to operate for a period of more than 1 year after first becoming operational. Reason To ensure the timely removal of the tower should the site become redundant, in the interest of visual amenity. Condition 5. The prior to commencement of the development of the tower, details of the external finish shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. The development will thereafter be undertaken in accordance with any details as may be approved and the tower maintained with those details unless otherwise agreed in writing with the Planning Authority. Reason To ensure an appropriate external finish for the tower in the interest of visual amenity. Condition 6. The prior to the commencement of the development of the tower, a Dust Management Plan for the control of dust from the construction of the tower shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. Thereafter the development shall be undertaken in accordance with any Plan as may be approved. Reason To ensure proper management of dust throughout the construction period. Condition 7. That prior to the commencement of the development of the tower, a Construction Management Plan and Code of Practice, including details for monitoring and action against non-compliance 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 and Code of Practice. For the avoidance of doubt this shall include an assessment of use of the rail and port connections as a first principle and the prohibition of the use of the A78 through Fairlie, the B780/B781, the C26 and all local non-classified roads by construction vehicles and details of management of impact on the core path and cycle rout network. Reason
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To ensure proper management of the construction process, including impact on the road network. Condition 8. Reason To ensure proper oversight of the construction of the tower. Condition 9. The rated noise level, as defined in `BS4142:2014+A1:2019, from the operation of the tower must not exceed the background noise level at the curtilage of any existing or consented noise sensitive property at the time of application. Reason The rated noise level, as defined in `BS4142:2014+A1:2019, from the operation of the tower must not exceed the background noise level at the curtilage of any existing or consented noise sensitive property at the time of application. Condition 10. The prior to the commencement of the development of the tower, that a scheme to treat surface water arising from the or otherwise affecting the site of the tower, prepared in accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report C7453, published November 2015) and the requirements of The Water Environment (Controlled Activities) (Scotland) Regulations 2011, and certified by a suitably qualified person, shall be submitted to North Ayrshire Council, as Planning Authority, for written approval. Thereafter, the certified scheme shall be implemented prior to the completion of the development of the tower and maintained thereafter to the satisfaction of North Ayrshire Council, as Planning Authority. Any scheme approved shall include details of proposed ground levels, finished floor levels, and pre & post development overland flows that shall demonstrate that people and property would not be put at flood risk during the designed storm event (1 in 200 return period plus an allowance for climate change and urban creep) when the capacity of the proposed infrastructure is exceeded. Reason To ensure the proper treatment of surface water. Condition 11. Prior to the commencement of the tower, confirmation that the basement proposals are sufficiently flood resilient/resistant, including an accompanying certified flood management plan suitably addresses residual flood risk at the site form all sources of flooding, certified by a suitable qualified person, shall be submitted in writing for the written approval of North Ayrshire Council, as Planning Authority. Reason To ensure the risk of flooding to basement level proposal is suitable addressed. Condition
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12. In the event that the works to commence the tower are not undertaken within 1 year of the date of this permission, an updated habitat survey dated not more than 1 year prior to the date of commencement shall be submitted to North Ayrshire Council, as Planning Authority, for written approval prior to the commencement. Reason To ensure habitat and protected species considerations are of an appropriate date. Condition 13. Prior to the commencement of the development, details of omni-directional red aviation warning lights to be fitted to the tower shall be submitted to North Ayrshire Council, as Planning Authority, for approval in consultation with Prestwick Airport, Air Traffic Control and the Ministry of Defence. The lighting will thereafter be fitted and retained thereafter in accordance with any details as may be approved. Reason To meet the requirements of the relevant Air Authorities. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320.