2500589PP - Swinlees Quarry, Dalry
North Ayrshire Council · 18 March 2026
Back to Planning Committee — 18 March 2026 and its agenda
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NORTH AYRSHIRE COUNCIL 18th March 2026 Planning Committee Locality Reference 25/00589/PP Application Registered 21st January 2026 Decision Due 21st March 2026 Ward Garnock Valley Recommendation Approved subject to Conditions __________________________________________________________________ Location Swinlees Quarry, Dalry Applicant Swinlees Quarry Company Proposal Variation of condition 2 of planning permission N/15/00749/PP to extend the period of operations for a further 10 years until 31 March 2036 ___________________________________________________________________ 1. Description The Council's Planning Committee granted permission, subject to conditions, for the continuation of quarrying operations at Swinlees Quarry on 16th February 2016 under ref. 15/00749/PP. In summary, condition 2 requires that quarrying operations are discontinued and the land restored at or before 31st March 2026. Swinlees Quarry was first established in 1952. Its current operator is seeking to amend condition 2 of the planning permission to extend the period of operations for a further 10 years until 31st March 2036. At the time of the 2016 planning permission, Swinlees Quarry was dormant. The previous owner sold the quarry to its current owners in 2021, who have recommenced operations in the years since. The quarry therefore has significant mineral reserves remaining, largely due to the years it was dormant. There have been other dormant periods at Swinlees, notably between the mid-1980s and mid-1990s.
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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." No amendments are proposed to the quarry operations: the means of access, working hours, working methods and all other environmental controls would remain the same as existing. Swinlees Quarry is located to the northwest of Dalry and is accessed from the B784. It is located in the countryside in terms of the adopted North Ayrshire Local Development Plan. 2. Consultations and Representations Neighbour notification was undertaken in accordance with statutory requirements, and the application was advertised in local newspaper. No representations were received. Consultations NAC Active Travel & Transport (Roads) - no transport related objections to this proposal. The Planning Statement states that there are no proposed changes to the output of the quarry. The number of vehicle movements would not change from previously accepted levels. The quarry operates via an existing junction and haulage routes which continue to operate effectively. Response: No changes are proposed in this regard. NAC Environmental Health - no objections to the proposals from this Section provided the existing conditions applicable to permission N/15/00749/PP relating to hours of operation, noise, dust, blasting and unexpected contamination are attached and any mitigation measures implemented. Response: Similar conditions would be attached if planning permission is granted. 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 2 would accord with the relevant development plan policies for the development and in respect of any other material planning considerations.
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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 2 of planning permission ref. 15/00749/PP states the following: "The development hereby permitted shall be discontinued and the land restored, as outlined in 'Swinlees Quarry Aftercare Strategy,' prepared by Stephenson Halliday, dated October 2015, at or before 31st March 2026 unless, prior to the recommencement of the operations at the site, full details of restoration and after-use of the site, including programming, are submitted for the written approval of North Ayrshire Council, as Planning Authority. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority and the development discontinued and the land restored in accordance with the approved details at or before 31st March 2026. Reason: In recognition of the projected lifespan of the quarry and to ensure proper restoration of the site." In this application, it is proposed to amend condition 2 as follows: "The development hereby permitted shall be discontinued and the land restored, as outlined in 'Swinlees Quarry Aftercare Strategy,' prepared by Stephenson Halliday, dated October 2015, at or before 31st March 2036 unless, prior to 31 March 2035, alternative full details of restoration and after-use of the site, including programming, are submitted for the written approval of North Ayrshire Council, as Planning Authority. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority and the development discontinued and the land restored in accordance with the approved details at or before 31st March 2036. Reason: In recognition of the projected lifespan of the quarry and to ensure proper restoration of the site." The Countryside Objective of the Local Development Plan states that the Council will support proposals outwith towns and villages with a demonstrable specific locational need, which would include quarrying operations. Swinlees Quarry is again being actively worked, and it would be unreasonable not to enable the continuation of workings given the contribution it makes to the local economy, particularly in light of current infrastructure and construction projects taking place in North Ayrshire. There have been no objections to the proposed continuation of quarrying operations. Upon the completion of quarrying operations, the site would be restored to the restoration plan as was agreed in 2015.
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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 2 would meet all six tests. 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 2 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. The development hereby permitted shall be discontinued and the land restored, as outlined in 'Swinlees Quarry Aftercare Strategy,' prepared by Stephenson Halliday, dated October 2015, at or before 31st March 2036 unless, prior to 31 March 2035, alternative full details of restoration and after-use of the site, including programming, are submitted for the written approval of North Ayrshire Council, as Planning Authority. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority and the development discontinued and the land restored in accordance with the approved details at or before 31st March 2036. Reason In recognition of the projected lifespan of the quarry and to ensure proper restoration of the site. Condition 2. That the use hereby permitted shall operate only between the hours of 0700 hours and 1900 hours Monday-Friday, 0700 and 1300 hours Saturday and shall not operate on Sundays or public holidays unless the prior written approval of North Ayrshire Council as Planning Authority is obtained for any variation. There shall be no movement of vehicles into or out of the site outwith the permitted hours. Essential maintenance works may be carried on outwith these times provided they do not result in noise intrusion at any noise sensitive properties. Reason To protect occupants of nearby housing and the wider area from noise/disturbance at night, Saturday afternoons, Sundays and public holidays. Condition 3. That noise levels generated by the quarry operations and other noise on site measured 3.5metres in front of the most exposed façade of any noise sensitive property shall not exceed 55dB LAeq (1 hour), to the satisfaction of North Ayrshire Council as Planning Authority.
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Reason To ensure that noise from the operations is managed to ensure it does not cause harm to local amenity. Condition 4. That within 3 months of the date of this planning permission the operator shall submit details of measures to be taken to minimise the emission of dust from the site shall be for the approval of North Ayrshire Council as Planning Authority. Any such details, which may be approved shall be implemented thereafter throughout the working life of the quarry to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure that dust from the operations is managed to ensure it does not cause harm to local amenity. Condition 5. That adequate wheel washing facilities shall be provided, and open vehicles carrying materials shall be sheeted before leaving the site, to ensure that vehicles leaving the site shall not deposit deleterious materials on public roads. Reason To prevent the deposit of deleterious material onto the public road network in the interest of safety. Condition 6. That each blast shall be designed, and the maximum instantaneous charge controlled, so that the air pressure is minimised and the peak particle velocity of the ground vibration shall be less than 8.5mm per second for at least 90% of the proposed blasts. No blast shall give rise to a vibration that has a peak particle velocity in excess of 12.7mm per second. Reason To protect the occupants of nearby dwellings from undue disturbance from blasting. Condition 7. That compliance with the standards in Condition 6 shall be determined by calculation in advance of any proposed blast or by objective monitoring of each blast at any vibration sensitive premises. Blast vibration calculations and monitoring data shall be made available to Environmental Health. No blasting shall take place outwith the period 1000 hours to 1600 hours Monday to Friday. Where practicable each blast shall be scheduled to take place at the same time of day. Reason To limit blasting to ensure no cumulative disturbance. Condition 8. That there shall be no more than three blasting operations each week and no more than one blasting operation in any day. Reason
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To ensure blasting is carried out in an appropriate manner and to prevent disturbance from blasting outwith daytime hours. Condition 9. That the presence of any significant unsuspected contamination that becomes evident during quarry operations shall be brought to the attention of Environmental Health. Thereafter a suitable investigation strategy as agreed with North Ayrshire Council shall be implemented and any necessary remediation works carried out prior to any further development taking place on site, all to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure unsuspected contamination is recorded, investigated and appropriate remedial action is taken in the interests of environmental protection. Condition 10. Within 3 months of the date of this planning permission the operator shall submit for the written approval of North Ayrshire Council as Planning Authority details of measures to minimise the effects of blasting on groundwater, to protect Swinlees Burn from dewatering as the quarry extends towards it, and to monitor, report and carry out remediation works in relation to the effects of operations, including blasting, on groundwater. Thereafter any such details, which may be approved, shall be implemented on site to the satisfaction of North Ayrshire Council as Planning Authority. Reason To safeguard the water environment. Condition 11. All settlement lagoons shall be lined. Prior to the formation of any further settlement lagoons, details of lining works shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Reason To avoid contamination of groundwater. Condition 12. That within 8 weeks of the date of this planning permission, details of the composition and terms of constitution of a site liaison committee involving local residents, including landowners and tenants, shall be submitted for the written approval of North Ayrshire Council, as Planning Authority. Thereafter any such details which may be approved shall be implemented and maintained throughout the life of the quarry, to the satisfaction of North Ayrshire Council as Planning Authority Reason To provide the means to formalise communication between the operator and local residents. Condition 13. That no works relating to the stripping of overburden shall take place between April and June inclusive in any year.
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Reason To ensure works are carried outwith the main bird breeding season and in the interests of biodiversity. Condition 14. That the translocation of any waxcap fungi found within the site shall be carried out following the advice of NatureScot, to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure the proper translocation of any waxcap fungi in the interests of biodiversity. Condition 15. That no further soils stripping shall take place within the approved extension area until the developer has secured 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 North Ayrshire Council as Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of North Ayrshire Council as Planning Authority in agreement with the West of Scotland Archaeology Service. Reason In recognition of the potential archaeological interest of the site and to meet the requirements of the West of Scotland Archaeology Service. Condition 16. That the progressive landscaping and screening of the site shall be carried out in accordance with 'Swinlees Quarry Aftercare Strategy,' prepared by Stephenson Halliday, dated October 2015. Reason To ensure progressive restoration of the site in the interest of amenity. Condition 17. That all planting, seeding or turfing comprised in the details of landscaping approved in accordance with Condition 16 shall be carried out in accordance with the submitted scheme. Any trees which, with in a period of five years from the completion of the planting works 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 secure proper completion of the restoration and aftercare in the interest of amenity and biodiversity. Allan Finlayson Chief Planning Officer
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For further information please contact Mr A Hume Planning Officer on 01294 324318.