2600033PP - Mains Bungalow, Irvine
North Ayrshire Council · 18 March 2026
Back to Planning Committee — 18 March 2026 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 18th March 2026 Planning Committee Locality Reference 26/00033/PP Application Registered 21st January 2026 Decision Due 21st March 2026 Ward Irvine East Recommendation Approved subject to Conditions __________________________________________________________________ Location Site to west and south of Mains Bungalow, Irvine Applicant Keepmoat Homes Proposal Variation of condition 5 of planning permission 25/00287/PPM to enable the phasing of site remediation operations ___________________________________________________________________ 1. Description The Council's Planning Committee granted permission, subject to conditions, for the development of 255 dwellinghouses on allocated housing land at Montgomerie Park, Irvine, on 28th August 2025 under ref. 25/00287/PPM. The applicant, Keepmoat Homes is seeking to amend one of the conditions of the planning permission. Condition 5 requires that the entire site is remediated before any houses can be built. This condition was recommended by The Coal Authority to make the ground safe and stable for building on in the interests of health and safety. Keepmoat Homes now seeks permission to carry out the remediation work on a phased basis. They state that the site would be developed in three phases, as per the 2025 planning permission. They advise that carrying out the remediation work on a phased basis in advance of construction would be more efficient and cost effective than carrying the entire operation in advance of building any houses. All necessary remediation work would still be undertaken, and certified, to ensure each phase of construction is carried out on stable ground conditions.
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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." 2. Consultations and Representations Neighbour notification was undertaken in accordance with statutory requirements, and the application was advertised in local newspaper. Two representations were received. Grounds 1. The placement/orientation of plots 150, 151 and 152 is still opposed - are there any other avenues to escalate this concern? Response: The above points are not relevant to the current application. Planning permission has been granted and it is not proposed to change the layout at this stage. The only matter under consideration is the proposed change to the text of condition 5. 2. The current services drawings are not correct - how this will be taken forward? Response: The above points are not relevant to the current application but have been passed to the developer for their consideration. 3. Concerned that Taylor Drive will become a through road for the Keepmoat site residents (and others). It seems unfair that Montgomerie Park Drive will essentially end at the junction of Armour Road and Taylor Drive, and Taylor Drive will become thoroughfare for these new sites. A preference is expressed that Montgomerie Park Drive would be continued to allow Keepmoat and NAC resident access without the need to travel through the Bellway site. Response: As noted above, it is not proposed to change the layout at this stage and the above points are not relevant to the current application. For reference, the layout of the approved Keepmoat housing development was based on a Masterplan for the northern area of Montgomerie Park which dates from 2015 and which was approved by the Council at that time. The 2015 Masterplan is based on a 'Designing Streets' approach to the remaining phases, with Taylor Drive being a connecting 'street' leading from Montgomerie Park Drive to the northern roundabout on the B7080. This is different to the original Masterplan which dates from the early 2000s and had a 'distributor road' concept, as was used for the original phases of housing at Montgomerie Park (ie. located between Hill Roundabout and Regalia Park). 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
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condition 5 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 Condition 5 of planning permission ref. 25/00287/PPM states the following: That the development hereby approved shall not commence until the remediation works (outlined in Section 9 of the Ground Investigation Report incorporating Coal Mining Risk Assessment (CMRA): Rev 1, YG695/03/MAK/CMB/KM/JC, dated April 2025) and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been fully implemented to ensure that the site is made safe and stable for the development. The remedial works shall be carried out in accordance with authoritative UK guidance. The presence of any unsuspected contamination shall be reported to the Council as Planning Authority to enable the preparation of a suitable investigation and remediation strategy. Thereafter, and prior to the occupation of any part of the development for residential use, a signed statement or declaration prepared by a suitably competent person confirming that the site is, or has been made, safe and stable for the approved development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Reason: In the interests of health and safety. In this application, Keepmoat propose to amend condition 5 as follows: That the development hereby approved shall not commence until the remediation works for each phase of development (outlined in Section 9 of the Ground Investigation Report incorporating Coal Mining Risk Assessment (CMRA): Rev 1, YG695/03/MAK/CMB/KM/JC, dated April 2025) and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented for that phase, to ensure that the relevant part of the site is made safe and stable for the development. The remedial works shall be carried out in accordance with authoritative UK guidance and in accordance with the phasing shown on drawing YG695-74/R/F/02 which is contained within the Remediation Strategy document. The presence of any unsuspected contamination shall be reported to the Council as Planning Authority to enable the preparation of a suitable investigation and remediation strategy. Thereafter, and prior to the occupation of any part of the development within a completed residential phase, a signed statement or declaration prepared by a suitably competent person confirming that that phase of the site, or has been made, safe and stable for the approved development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Reason: In the interests of health and safety.
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As noted above, the use of planning conditions must be in accordance with the tests set out in Circular 4/1998. The proposed amendments to condition 5 would meet all six tests. As the development involves the construction of 255 houses along with all associated infrastructure, it is reasonable for a phased approach to be taken with regard to site remediation operations. A development of this scale is likely to take place over several years. Therefore, retaining the undeveloped phases of the site in their current greenfield state until construction operations are planned to take place would also safeguard amenity and the local environment. It is considered that the approach planned by Keepmoat Homes is relevant to the proper planning of the area. 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. Montgomerie Park is one of several Strategic Development Areas identified in the LDP. It is considered that the proposed amendments to condition 5 would support the phased delivery of a future housing development on the application site. Given the above factors, the proposed amendment of condition 5 is therefore acceptable. 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. The proposed amendments to condition 5 accords with the development plan and meet the tests for planning conditions as set out in Circular 4/1998. 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. 4. Full Recommendation Approved subject to Conditions Condition 1. That the development shall be implemented in accordance with the submitted plans, drawings and recommendations contained in planning permission 25/00287/PPM (inclusive of all associated supporting documentation) unless otherwise indicated below, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason To secure the implementation of the development in accordance with the supporting information. Condition 2. The sustainable drainage system (SuDS) for the development shall be implemented in accordance with the details as approved on 15th January 2026 to the satisfaction of North Ayrshire Council as Planning Authority.
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Reason In the interests of sustainable drainage. Condition 3. That prior to the commencement of the development hereby approved, the developer shall secure 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 the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented before groundworks take place, and that all recording and recovery of archaeological resources is undertaken to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service. Reason To ensure that any archaeological remains are appropriately investigated and recorded. Condition 4. The all remediation works and the development shall be implemented in accordance with the Construction Environmental Management Plan (CEMP) as approved on 15th January 2026 to the satisfaction of North Ayrshire Council as Planning Authority. Reason In the interests of environmental protection during the construction phase. Condition 5. That the development hereby approved shall not commence until the remediation works for each phase of development (outlined in Section 9 of the Ground Investigation Report incorporating Coal Mining Risk Assessment (CMRA): Rev 1, YG695/03/MAK/CMB/KM/JC, dated April 2025) and/or mitigation measures to address land instability arising from coal mining legacy, as may be necessary, have been implemented for that phase, to ensure that the relevant part of the site is made safe and stable for the development. The remedial works shall be carried out in accordance with authoritative UK guidance and in accordance with the phasing shown on drawing YG695-74/R/F/02 which is contained within the Remediation Strategy document. The presence of any unsuspected contamination shall be reported to the Council as Planning Authority to enable the preparation of a suitable investigation and remediation strategy. Thereafter, and prior to the occupation of any part of the development within a completed residential phase, a signed statement or declaration prepared by a suitably competent person confirming that that phase of the site, or has been made, safe and stable for the approved development shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Reason In the interests of health and safety. Condition 6. That, if there is a requirement to re-use site won material and/or to import material for groundworks, the assessment criteria and sampling frequency to adequately demonstrate its suitability for use shall be submitted to and approved by North Ayrshire Council as
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Planning Authority prior to any material being used. In addition, any fill material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours and in accordance with BS3882:2015 and BS8601:2013. On completion of the groundworks and at a time and or phasing agreed by North Ayrshire Council as 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 within residential development. Reason In the interests of environmental protection. Condition 7. That the internal noise level from road traffic during daytime hours (0700-2300 hours) in any habitable room within the dwellinghouses hereby approved must not exceed LAeq 16 hour 35dB. In addition, the internal noise level from road traffic during night hours (2300-0700 hours) in any habitable room within the dwellinghouses hereby approved must not exceed LAeq 8 hour. If the required levels cannot be achieved with an open window strategy, then alternative means of ventilation will require to be provided, details of which shall be submitted to North Ayrshire Council as Planning Authority for consideration. Reason To safeguard residential amenity from the effects of traffic noise on the A78 trunk road and B7080 distributor road. Condition 8. That all planting, seeding or turfing comprised in the approved landscaping scheme shall be carried out in the first planting season and seeding seasons following the occupation or completion of each successive phase of housebuilding until the development is complete. Any trees, plants or areas of grass seeding which, within a period of five years from the occupation or completion of each phase of development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season until established, unless North Ayrshire Council as Planning Authority gives written consent to any variation. Reason To ensure that the approved landscaping scheme is carried out and maintained, in the interest of amenity and biodiversity. Allan Finlayson Chief Planning Officer For further information please contact Mr A Hume Planning Officer on 01294 324318.