Agenda Document Pack - Planning Committee - 18/03/2026
North Ayrshire Council · 18 March 2026
Back to Planning Committee — 18 March 2026 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee A Meeting of the Planning Committee of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 18 March 2026 at 14:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 2 Minutes The accuracy of the Minutes of the meeting held on 28 January 2026 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 3 26/00033/PP : Site to West and South of Mains Bungalow, Irvine Seeking permission to vary condition 5 of planning permission 25/00287/PPM to enable the phasing of site remediation operations (copy enclosed). 4 25/00589/PP : Swinlees Quarry, Dalry Seeking permission to vary condition 2 of planning permission N/15/00749/PP to extend the period of operations for a further 10 years until 31 March 2036 (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 5 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee Sederunt Robert Foster (Chair) Cameron Inglis (Vice-Chair) Scott Davidson Stewart Ferguson Margaret Johnson Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Ronnie Stalker Chair: Apologies: Attending: 3
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Planning Committee 28 January 2026 At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Robert Foster, Cameron Inglis, Stewart Ferguson, and Ronnie Stalker. Present (Remote Participation) Scott Davidson, Margaret Johnson, Davina McTiernan, Jim Montgomerie and Ian Murdoch. In Attendance A. Finlayson, Chief Planning Officer; and I. Davies, Senior Development Management Officer (Planning) (Communities and Housing); R. Lynch, Senior Manager; C. Leslie, Solicitor (Legal); S. Wilson, Committee Services Officer; and L. Jolly, Communications Officer (Communications) (Democratic Services) (Corporate Services). Chair Councillor Foster in the Chair. Apologies Amanda Kerr. 1. Declarations of Interest There were no declarations of interest by Members in terms of Standing Order 11 and Section 5 of the Code of Conduct for Councillors. 2. Minutes The Minutes of the Meeting held on 29 October 2025 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 3. 25/00508/PP : Clauchlands House, Clauchlands Road, Lamlash Submitted a report by the Chief Planning Officer under Section 42 of the Town and Country Planning (Scotland) Act 1997 seeking permission to remove agricultural occupancy restriction under condition 1 of dwelling house granted under planning permission 01/00666/PP. The Committee unanimously agreed to approve planning permission. Agenda Item 2 5
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4. 25/00445/PP : Unit 4 Douglas Centre, Alma Road, Brodick, KA27 8AJ Submitted a report by the Chief Planning Officer seeking permission for removal of occupancy condition on upper flat applied under previous planning permission 10/00449/PP and change of use of ground floor retail unit to form additional residential flat. The Committee unanimously agreed to approve planning permission. 5. 24/00553/PPM : Montfode Oil Storage Depot, Ardrossan Submitted a report by the Chief Planning Officer seeking permission for the erection of 160 holiday chalets with facilities hub including access, landscaping, open space and associated works. Officers responded to Members’ questions and Councillor Davidson, seconded by Councillor Stalker proposed that the application be refused based on the reasons outlined within the report. Accordingly, the Committee unanimously agreed to refuse planning permission. 6. Urgent Items There were no urgent items. The meeting ended at 2.55 p.m. The full meeting proceedings can be viewed at https://north-ayrshire.public-i.tv/core/portal/home 6
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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. Agenda Item 3 7
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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 8
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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. 9
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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. 10
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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 11
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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. 12
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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. Agenda Item 4 13
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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. 14
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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. 15
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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. 16
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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 17
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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. 18
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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 19
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For further information please contact Mr A Hume Planning Officer on 01294 324318. 20