2500289PP - Site to Northeast, Southeast and East of ‘Nethermill’ 59 Knoxville Road, Kilbirnie
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 Garnock Valley Reference 25/00289/PP Application Registered 16th July 2025 Decision Due 16th September 2025 Ward Garnock Valley Recommendation Approved subject to Conditions __________________________________________________________________ Location Site to northeast, southeast and east of ‘Nethermill’ 59 Knoxville Road, Kilbirnie Applicant Chatham House Equities Limited Proposal Amendment of condition 3 of planning permission 22/00135/PPPM ___________________________________________________________________ 1. Description A Section 42 application has been submitted in relation to a condition attached to a planning permission in principle for a major housing development at Knoxville Road in Kilbirnie. The site has been allocated for residential development purposes since the adoption of the Council's first Local Development Plan in May 2014 with planning permission in principle granted for residential development, to include the upgrading of Knoxville Road, provision of open space, SuDS infrastructure and realignment of cycle path (NCN 7) on 24th August 2022 under ref. 22/00135/PPPM. The owners of the land now seek to amend condition 3 which relates to the road design. The current wording of condition 3 requires that any future matters specified in conditions (MSC) application or full planning application submitted for the site proposed shall accord with the requirements of 'Designing Streets'. The proposed amendment to condition 3 would delete the reference to "or full planning application" and make it a requirement that any future MSC shall accord with the up to date range of guidance for residential development proposals in addition to 'Designing Streets'. These are as follows:
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• North Ayrshire Supplementary Street Design Guide; • North Ayrshire Council's Drainage, Sustainable Urban Drainage Systems & Flooding: Procedure Note; • National Roads Development Guide A total of 13 conditions were imposed on the planning permission in principle. There are no further details contained in the application in respect of site layout, house designs, etc. all of which would follow at a later stage if the development progresses. An application under Section 42 of the Act, if granted, creates a new planning permission without altering the conditions on the previously granted permission. The planning authority must consider "only the question of the conditions to which planning permission should be granted." It is therefore open to the Council to amend the text of any further conditions as it sees fit in the determination of a section 42 application. 2. Consultations and Representations Neighbour notification was undertaken in accordance with statutory requirements, and the application was advertised in local newspaper. The expiry date for comments was 13th August 23025. No representations were received. Consultation NAC Active Travel and Transport - no objections. Response: Noted. 3. Analysis Section 42 of the Town and Country Planning (Scotland) Act 1997 is a mechanism which allows for the submission of a planning application for the development of land without complying with condition(s) subject to which a previous permission was granted. As noted above, Section 42 of the Act stipulates that in this type of application the "planning authority shall consider only the question of the conditions subject to which permission should be granted." The main determining issue in this case is whether the proposed amendments to condition 3 would accord with the relevant development plan policies for the site and in respect of any other material planning considerations. Circular 4/1998 sets out the tests for planning conditions, as follows: - Need for a Condition - Relevance to Planning - Relevance to the Development to be Permitted - Ability to Enforce - Precision - Reasonableness
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Condition 3 of planning permission in principle ref. 22/00135/PPPM states the following: That the road layout for any future Matters Specified in Condition Application or full Planning Application shall accord with the requirements of 'Designing Streets'. A Transport Statement shall be submitted in support of any future application. Full details of the upgrading works to Knoxville Road and the realignment of the NCN7 core path shall be provided and approved in writing by North Ayrshire Council as Planning Authority prior to the commencement of the development. Reason: In the interest of road safety. As noted above, the use of planning conditions must be in accordance with the tests set out in Circular 4/1998. There are three parts to condition 3. The first relates to the mechanism for future applications; the second relates the requirements which such application(s) must meet and the third relates to the reason for the condition. The first part of condition 3 is not competent in respect of the reference to "full planning application." Conditions on a planning permission in principle should relate only to applications for "matters specified in conditions". Such applications are not, legally speaking, "planning applications". By statute, planning applications require to be considered on their individual merits and without prejudice. The use of a pre-condition being applied by a separate planning permission in principle is not competent. It would therefore be appropriate to remove this part of condition 3, as there is no need for it. Similar text appears in condition 1 of the planning permission in principle, and which could also be amended at this time. The additional text proposed for the condition, in relation to more up to date guidance for roads infrastructure within new developments, is considered appropriate. The inclusion of these guidance documents would make the condition more precise and increase its relevance to planning for North Ayrshire. The most recently published is the North Ayrshire Supplementary Street Design Guide (2025) with the aim of introducing best practice for new housing estates based on the experience of Designing Streets within the North Ayrshire context over the past decade. There is a strong focus on placemaking which is a key element of the development plan. It would therefore be appropriate to include the references to these documents in the amended condition. The final part of the condition is the reason for it. It is not considered that the current reason is sufficiently precise. Whilst road safety is indeed one of the reasons for condition 3, it is not the only reason. A key aim of the current roads guidance is in relation to improved placemaking and sustainability, with safety embedded into the design process. As such, it is proposed to include the additional text "sustainability and placemaking" in the reason for condition 3. The delivery of major housing sites identified in the adopted LDP remains a key priority for the Council, particularly in relation to its strategic policies of stimulating population growth and economic development as part of the regeneration of North Ayrshire. It is considered that the proposed amendment to condition 3 would refresh the planning permission in principle and support the delivery of a future housing development on the application site. Given the above factors, the proposed amendment of condition 3 is therefore acceptable.
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With regard to National Planning Framework 4, it has been determined that the Section 42 application does not raise any significant strategic planning issues which conflict with the foregoing assessment. There are no further material considerations in relation to the application. It is therefore recommended that the application is approved, subject to the conditions set out below. If granted, the renewed planning permission in principle would be brought into alignment with current local and national roads guidance in the interests of safety, sustainability and placemaking. Drafting errors in the previous conditions would also be corrected. 4. Full Recommendation Approved subject to Conditions Condition 1. That prior to the commencement of the development hereby approved, full details shall be provided via a Matters Specified in Conditions application for the approval of North Ayrshire Council as Planning Authority. Such an application shall be accompanied by an up to date habitat survey and shall include details of: (i) Site investigations; (ii) Layout, house numbers, house types, siting and design; (iii) Access, road layout and parking; (iv) Drainage and flood prevention; (v) Landscaping and boundary treatments. Reason In order that these matters can be considered in detail. Condition 2. That any application(s) submitted under Condition 1 shall include details of the existing water wheel and its current state of repair. If feasible, plans shall be provided for its retention, salvage or repair and incorporation into the proposed housing development as a piece of public art or heritage feature. Reason In the interest of preserving the industrial heritage of the area. Condition 3. That the road layout for any future Matters Specified in Conditions application shall accord with the requirements of the North Ayrshire Supplementary Street Design Guide, North Ayrshire Council's Drainage, Sustainable Urban Drainage Systems & Flooding: Procedure Note, the National Roads Development Guide and the Scottish Government guidance 'Designing Streets'. A Transport Statement shall be submitted in support of any future application. Full details of the upgrading works to Knoxville Road and the realignment of the NCN7 core path shall be provided and approved in writing by North Ayrshire Council as Planning Authority prior to the commencement of the development. Reason
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In the interest of road safety, sustainability and placemaking. Condition 4. That any application(s) submitted under Condition 1 shall include a detailed flood risk assessment shall be submitted for the written approval of North Ayrshire Council as Planning Authority, which details a suitable culvert design and route, without 90 degree bends supported by catchment flow information and blockage scenarios for the 0.5% AEP flood event which demonstrates that the final drain route and design will not pose a flood risk to proposed and existing development. For the avoidance of doubt, no buildings shall be located above the culvert route. Reason In the interest of sustainable drainage and flood prevention. Condition 5. That any application(s) submitted under Condition 1 shall include full details of any modification to the existing mill lade within the site for the written approval of North Ayrshire Council as Planning Authority. Thereafter, any details as may be approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of sustainable drainage and flood prevention. Condition 6. That any application(s) submitted under Condition1 shall include confirmation in writing and certified by a suitably qualified person that a surface water drainage system to manage and treat runoff affecting the site has been prepared in accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report C753, published November 2015). Thereafter, the certified scheme shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of sustainable drainage and flood prevention. Condition 7. That any application(s) submitted under Condition 1 shall include full details of the finished ground levels and finished floor levels of the proposed dwellinghouses for the written approval of North Ayrshire Council as Planning Authority. The details shall demonstrate that the proposed dwellings are not at risk of surface water flooding when the capacity of the proposed surface water infrastructure is exceeded during the 1 in 200 year designed storm event (plus allowances for climate change and urban creep). Thereafter, any details as may be approved shall be implemented prior to the completion of the development and maintained thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Reason Reason: In the interest of sustainable drainage and flood prevention.
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Condition 8. That any application(s) submitted under Condition 1 shall include a desk study of the application site (including a review of any previous ground investigations) to assess the likelihood of contamination, assist in the design of an appropriate site investigation and subsequent suitable quantitative risk assessment. 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. Reason In the interest of public health. Condition 9. 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 North Ayrshire Council as Planning Authority prior to any material being used. In addition to this and in accordance with BS38882:2015 and BS8601:2013, material to be used in the top 300mm shall be free from metals, plastic, wood, glass, tarmac, paper and odours. On completion of the works and at a time or phasing agreed by the Planning Authority, the developer shall submit a verification report containing details of the source material and appropriate test results to demonstrate its suitability for use. Reason In the interest of public health. Condition 10. That any cut and fill proposals or alterations to the existing ground levels shall be clearly marked on any plans and accompanied by appropriate cross sections, Material Management Plan and be implemented in accordance with any SEPA waste/soil reuse guidelines, to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of public health. Condition 11. That any application(s) submitted under Condition 1 shall include details demonstrating that the increase in road traffic generated as a result of the development shall not have a detrimental impact 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, to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interest of public health. Condition 12. That any application(s) submitted under Condition 1 shall include details of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant.
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Reason In the interest of preserving or recording the archaeological heritage of the area. Condition 13. That any application(s) submitted under Condition 1 shall include details of: i) a scheme of intrusive site investigations carried out at the site to establish the risks posed to the development by past coal mining activity, and ii) any remediation works and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, that have been implemented on site in full to ensure that the site is made safe and stable for the development proposed. The intrusive site investigations and remedial works shall be carried out in accordance with authoritative UK guidance. Reason In the interest of safety in relation to the coal mining legacy at the site. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318.