2500216PP - 120 - 122 Irvine Road, Largs
North Ayrshire Council · 27 August 2025
Back to Planning Committee — 27 August 2025 and its agenda
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NORTH AYRSHIRE COUNCIL 27th August 2025 Planning Committee Locality North Coast and Cumbraes Reference 25/00216/PP Application Registered 21st May 2025 Decision Due 21st July 2025 Ward North Coast Recommendation Approved subject to Conditions __________________________________________________________________ Location 120 - 122 Irvine Road Largs North Ayrshire Applicant GHG Holdings Limited Proposal Removal of condition 10 of planning permission 22/00163/PP ___________________________________________________________________ 1. Description Planning permission is sought to amend an extant planning permission for 34 flats. This application seeks to delete Condition 10 of permission 22/00163/PP dated 8th June 2022. Condition 10 is as follows: That, prior to the commencement of the development hereby approved, details of the heat and power systems for the house, which shall include low and/or zero carbon technologies to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met, shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the development shall be implemented in accordance with such details as may be approved unless otherwise agreed in writing with North Ayrshire Council as Planning Authority. The reason for Condition 10 is as follows: In the interests of environmental protection in accordance with Policy 29 of the adopted Local Development Plan.
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The applicant seeks to delete Condition 10. They state that given the changes to Building Regulations since 2022, this condition is no longer necessary. The site is identified as being within the settlement of Largs, in the North Ayrshire Council Local Development Plan (LDP). There are residential properties to all sides and with Largs Golf Club also to the east across Irvine Road. As this application seeks to vary a condition relating to Policy 29, it is considered that policy to be the relevant part of the LDP. National Planning Framework 4 (NPF4) was adopted February 2023 and, together with the LDP comprises the Development Plan. The Scottish Government's Planning Circular 4/1998 advises on the use of planning conditions. 2. Consultations and Representations Statutory notification including an advert in the local press was carried out. Six objections and two representations were received, which can be summarised as follows: Objections 1. Question why Condition 10 is no longer of relevant when it was relevant in September 2021 and June 2022. The Local Development Plan polices have not changed since then. The Town and Country Planning (Scotland) Act 1997 dictate the application should be determined in accordance with development plan policy and thus refused. Response: The development plan comprises the LDP adopted November 2019 and NPF4, adopted February 2023. NPF4 was adopted after the previous planning permissions were granted. Where parts of a development plan are in conflict, the most recent part has primacy. 2. Concern that the access onto the A78 is not suitable for 34 flats. The sight lines are impacted by street furniture and do not consider they represent good practice. The junction with the A760 is too close and backing up traffic causes delays which would be exacerbated by the flats. The pedestrian pavement on the A78 is under 2m wide and should be addressed. Response: This is not a material planning consideration for this application. The principle of 34 flats being constructed is not being considered. Transport Scotland, as relevant Roads Authority, has no objections to 34 flats and the condition relating to road access would remain on any permission. 3. The site plan does not represent current condition as many trees have been removed. Response: Noted. Trees on the boundary with Walkerston Avenue were felled following the issue of a High Hedge Notice by the Council after it was found they constituted a High Hedge impacting on the amenity of a resident of Walkerston Avenue. Details of tree protection for the site would still be required by condition if a revised permission is granted. 4. No consent has been granted for anyone to use the existing pedestrian gate that gives access to Walkerston Avenue
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Response: This is not a material consideration for this application. Notwithstanding, the gate already exists, and no planning permission is required to create an access through a boundary onto a non-classified road. Access through to Walkerston Avenue would be a private legal matter. Representations 1. Seeks clarity on the information relating to trees on the submitted site plan. Response: The proposed site plan is that approved in 2022. It is not clear why the tree to the A78 side is identified as 'black' as opposed to red. However, it is not considered this has any bearing on this application which seeks to delete a condition relating to energy efficiency. Some of the trees shown on the plan have been removed as required by a High Hedge Notice 2. There has been no progress on the site since the original grant of permission. Response: The grant of planning permission places no obligation on an applicant to carry out any permitted scheme. 3. The main entrance is not safe for pedestrians and traffic entering or leaving the site onto the A78. The pavement on the A78 is very narrow. Response: As above, this is not a material planning consideration. As only Condition 10 is being considered, no consultations are required. However, when the application for 34 flats was considered, the following consultations were received: Transport Scotland, NAC Active Travel and Transportation, and Scottish Water, all of whom had no objections. The condition relating to the access to the trunk road would be unchanged if this permission is granted. Largs Community Council objected to 34 flats on the grounds of overdevelopment. No comments have been received from the Community Council in respect of removing Condition 10. 3. Analysis Policy 29 of the LDP relates to energy infrastructure but also sets out that at least 10% of the current carbon emission reduction for new buildings, set by Scottish Building Standards, will be met through the installation and operation of low and zero-carbon technologies. The LDP was adopted in November 2019 with Policy 29 drafted in the plan preparation stage which occurred before adoption. NPF4 was adopted in February 2023. Whilst it requires all development proposals to give weight to the global climate and natures crises, it has no specific policy requiring a set carbon emission reduction for new build developments. Circular 4/1998 sets out the Government's policy for the use of planning conditions. This states that all conditions attached to planning permission must meet certain tests including
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being necessary, relevant to planning, enforceable and reasonable in all other respects. Conditions which duplicate the effect of other legislation should not be imposed. Building regulations set out technical requirements applicable to building work to protect the public interest. These are the rules to make sure building work is safe, energy efficient and sustainable. The current building standards came into law on 1st April 2024. The relevant legislation for regulating and controlling low and zero carbon technologies is now therefore the Building Regulations rather than planning legislation. This is reflected in NPF4 which is silent on such specific matters. Whilst Policy 29 of the LDP sets out requirements for low and zero carbon technologies it is clear that in the six years since the examination and adoption of the LDP, the framework for considering applications has been altered. As well as NPF4, adopted in 2023, the current building standards are from 2024. In effect, amended building standards prohibit the use of direct emissions heating systems as the primary source of heating and hot water for most new buildings. As there is no building warrant in place, the developer would be required to comply with the new building standards, the aim of which is to ensure that new developments built in Scotland have climate friendly heating systems which do not produce any greenhouse gas emissions at the point of use. The new building standards go considerably beyond the carbon reduction measures achievable under the planning condition and are regulated by the Council's Building Standards service. As noted above, the use of planning conditions must be in accordance with the tests set out in Circular 4/1998. Considering the changes to the building standards the condition is no longer necessary, nor relevant to planning. Notwithstanding, the development, through Building Regulations, would still accord and indeed go further than the requirements of Policy 29 and the development plan. Given the above factors, the proposed deletion of Condition 10 is therefore acceptable. Notwithstanding the High Hedge Notice and the tree works noted above, this application only seeks deletion of Condition 10 and it is considered that the remaining conditions on the permission should be reimposed. Condition 11 relating to obscure glazing would be renumbered as Condition 10. 4. Full Recommendation Approved subject to Conditions Condition 1. That prior to the date of commencement of the development a Preliminary Bat Roost Assessment, dated between May and August in the year of the proposed date of commencement, shall be submitted to the Council, as Planning Authority, for written approval. Thereafter the development will be carried out in accordance with the recommendations of any Assessment as may be approved. Reason To ensure an appropriately up-to-date Preliminary Bat Roost Assessment in recognition of the possibility of protected species to move onto the site.
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Condition 2. Prior to the commencement the proposed means of access to the A78 shall be constructed in accordance with drawing 5822-R-3B. The type (and method) of construction to be approved by the Planning Authority, in consultation with Transport Scotland, as Trunk Roads Authority, before the development is commenced. For the avoidance of doubt there shall be no drainage connections to the trunk road drainage system. Reason In the interests of road safety. Condition 3. That prior to the commencement of the development, details of tree protection measures for the trees identified as to be retained on approved drawing 5822-R-3B shall be submitted to the Council, as Planning Authority, for written approval. The development will thereafter commence in accordance with any details as may be approved. Reason To protect the trees to be retained on site in the interests of the visual amenity of the area. Condition 4. The trees identified as to be retained on approved drawing 5822-R-3B shall not be cut down, topped, lopped, uprooted, wilfully damaged or wilfully destroyed except with the written permission of the Council, as Planning Authority. Reason To retain the trees identified in the interests of the amenity of the area. 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 scheme of landscaping. Any landscaping scheme as may be approved shall be carried out in the first planting season following completion or first occupation of the development, whichever is soonest, or unless otherwise agreed in writing by North Ayrshire Council, as Planning Authority. 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, unless North Ayrshire Council as Planning Authority gives written consent to any variation. Reason To ensure an appropriate landscaping scheme in the interests of visual amenity. Condition 6. That prior to the commencement of the development, details of the surface water attenuation shall be submitted for the written approval of North Ayrshire Council, as Planning Authority. Thereafter the development will be carried out in accordance with any details as may be approved. Reason
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To ensure an appropriate surface water attenuation in the interests of the drainage of the site Condition 7. That prior to the commencement of the development details of the bin stores shall be submitted to the Council, as Planning Authority, for written approval. Any details as may be approved shall be implemented prior to the occupation of the relevant block. Reason To ensure appropriate bin stores in the interest of the amenity of the area. Condition 8. That prior to the commencement of the development, details of the external finish materials for the blocks shall be submitted to the Council, as Planning Authority, for written approval. The development will thereafter commence in accordance with any details as may be approved. Reason To ensure appropriate external finishes in the interest of the visual amenity of the area. Condition 9. That prior to the commencement of the development details of the eastern boundary treatment shall be submitted to the Council, as Planning Authority, for written approval. This must include visibility splays from the vehicle access as shown on drawing 5822-R-3B. In a vertical plane, northing shall obscure visibility measured from a driver's eye height between 1.05m and 2m positioned at the set back dimension to an object height of between 0.26m and 1.05m along the y dimension. Any details as approved must be implemented prior to the occupation of the first property. Reason In the interests of the visual amenity of the area and road safety, meeting Transport Scotland's requirements. Condition 10. That prior to the commencement of the development, details of obscure glazing for the southernmost elevation windows of Block 1 and Block 3, northernmost elevation windows of Block 2 and Block 4, and side elevations of all balconies shall be submitted to the Council, as Planning Authority, for written approval. Any glazing, as may be approved, shall be installed prior to occupation of the relevant flat and retained thereafter. Reason To ensure appropriate obscure glazing in order to protect the amenity of occupiers and adjoining properties. Allan Finlayson Chief Planning Officer
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For further information please contact Mr Iain Davies on 01294 324320.