Agenda Document Pack - Planning Committee - 20/09/2023
North Ayrshire Council · 20 September 2023
Back to Planning Committee — 20 September 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
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, 20 September 2023 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 livestreamed and available to view at https://northayrshire.publici.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 Minute The accuracy of the Minutes of the Meeting of the Planning Committee held on 23 August 2023 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 23/00319/PPM: Site At North Shore Adjacent To North Crescent Road Ardrossan Ayrshire Proposal to erect a Community Campus comprising early years, primary & secondary school with additional support needs, shared community facilities including; library, learning hub and integrated services, indoor sports facilities including swimming pool, sports hall, gymnasium, dance studio & fitness studio, outdoor sports facilities including 2 sports pitches and MultiUse Games Area (MUGA); Outdoor learning landscape, recreational spaces and growing spaces, associated parking and infrastructure. 1
Page 2
North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4 Urgent Items Any other items which the Chair considers to be urgent. Webcasting Please note: this meeting may be filmed/recorded/livestreamed to the Council's internet site and available to view at https://northayrshire.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/livestreamed. 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 seating areas will not be filmed. However, by entering the Council Chambers, using the press or public seating area or (by invitation) participating remotely in this meeting, you are consenting to being filmed and consenting to the use and storage of those images and sound recordings and any information pertaining to you contained in them for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. If you do not wish to participate in a recording, you should leave the meeting. This will constitute your revocation of consent. 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@northayrshire.gov.uk. 2
Page 3
North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Planning Committee Sederunt Robert Foster (Chair) Timothy Billings (ViceChair) Scott Davidson Stewart Ferguson Cameron Inglis Amanda Kerr Davina McTiernan Jim Montgomerie Ian Murdoch Chloe Robertson Chair: Apologies: Attending: 3
Page 4
4
Page 5
Planning Committee 23 August 2023 At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. involving participation by remote electronic means. Present Timothy Billings, Scott Davidson, Cameron Inglis, Jim Montgomerie and Chloé Robertson. Also Present John Sweeney. In Attendance Y. Baulk, Head of Service (Housing & Public Protection), A. Finlayson, Chief Planning Officer; I. Davies and A. Hume, Senior Development Management Officers (Planning) and N. McAteer, Planning Officer (Place); and R. Lynch, Senior Manager, J. Niven, Solicitor (Legal Services) and C. Stewart, H. Clancy and S. Wilson, Committee Services Officers (Democratic Services) (Chief Executive’s Service). Chair Councillor Billings in the Chair. Apologies Robert Foster, Amanda Kerr, Davina McTiernan and Ian Murdoch. 1. Chair’s Remarks On behalf of Members, Councillor Billings, Chair, introduced and warmly welcomed Allan Finlayson, newly appointed Chief Planning Officer, to his first meeting of the Planning Committee. 2. 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. 3. Minutes The Minutes of the Meeting held on 14 June 2023 were confirmed and signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. 4. Planning Enforcement Charter Submitted report by the Executive Director (Place) on the updated Planning Enforcement Charter, set out at Appendix 1 to the report. Agenda Item 2 5
Page 6
The Chief Planning Officer highlighted that a Planning Authority must keep its enforcement charter under review and must update and republish it every two years. North Ayrshire Council’s Planning Enforcement Charter was last reviewed and republished in March 2021. The Committee agreed to approve the updated Planning Enforcement Charter set out in Appendix 1 to the report. 5. 23/00388/PPM: Bonded Warehouse Chivas Bros Ltd, Balgray, Beith Chivas Bros Ltd. have applied for a change of use of agricultural land to form extension to bonded warehouse complete to include the erection of 5 no. double cell and 3 no. triple cell warehouses, associated earthworks, internal access roads, SuDS and landscaping at the Chivas Bros Ltd. site at Balgray, Beith. The Senior Development Management Officer advised the Committee on representations received and officer responses in terms of the application. Members asked questions and were provided with information in relation to: • the issue of black mould forming on all outside surfaces, which was deemed not to be a planning consideration; • the uses of the warehousing and whether it could be used for any other purpose; and • the condition surrounding landscaping to enhance and encourage biodiversity. Councillor Billings, seconded by Councillor Inglis, moved that the application be granted subject to a condition. There being no amendment, the motion was declared carried. The Committee agreed to grant the application subject to the following conditions: 1. That no development shall take place until the applicant has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation to be submitted by the applicant, agreed by the West of Scotland Archaeology Service, and approved by North Ayrshire Council as Planning Authority. Thereafter the applicant 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 the Planning Authority in agreement with the West of Scotland Archaeology Service. 2. That prior to the commencement of the development hereby approved, the applicant shall submit a Construction Environmental Management Plan (CEMP) for the written approval of North Ayrshire Council as Planning Authority. The CEMP shall take into account the management of construction traffic to and from the site, and shall include information about the roads to be used and their suitability for heavy goods vehicles. Consideration shall be given to the potential impacts on safety within the village of Gateside particularly during school drop-off and pick-up times. The CEMP shall also identify the hours of working for the construction of the development. Thereafter, the development 6
Page 7
shall be implemented in accordance with such details as may be approved to the satisfaction of North Ayrshire Council as Planning Authority. 3. That, for the avoidance of doubt, surface water arising from the development of the site, including during construction operations, shall be treated and managed using a SuDS system. Prior to the commencement of the development, hereby approved, confirmation shall be submitted in writing to North Ayrshire Council as Planning Authority and certified by a suitably qualified person that a scheme to treat the surface water arising from the development of the site (during construction and operational phases) 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. 4. That, prior to the commencement of any landscaping works, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority a finalised scheme of landscaping and planting. The finalised scheme shall shall be based on the landscape plan hereby approved and as per the recommendations Part 5 (Planting for Wildlife) of the Preliminary Ecological Appraisal submitted in support of the application (Wild Surveys project number WSWS4047.23 dated 18 April 2023). The scheme shall include details of species, planting densities, soil treatment, aftercare and future management. All tree and plant species shall be selected to enhance biodiversity and support nature/wildlife, with future management measures designed to minimise the use of chemical pesticides and manufactured fertilisers. The scheme as may be approved shall be implemented prior the development becoming operational and retained/managed permanently thereafter to the satisfaction of North Ayrshire Council as Planning Authority. Any trees or areas of planting which fail shall be replaced until successfully established. 5. That the recommendations contained in Part 5 of the Preliminary Ecological Appraisal submitted in support of the application (Wild Surveys project number WSWS4047.23 dated 18 April 2023) shall be implemented during the course of the development. For the avoidance of doubt, no vegetation clearance or soil stripping works shall be undertaken during the main bird breeding season of March - September. 6. 23/00436/PP: Old Pavilion, Lamlash, Brodick Fergie’s have applied for siting of a burger van within one car parking space for a temporary period of three years at the Old Pavilion, Lamlash, Brodick, Isle of Arran. The Senior Development Management Officer advised the Committee on representations received and officer responses in terms of the application. 7
Page 8
Members asked questions and were provided with information in relation to: • the issue of what effect the application might have on the character of the conservation area; • the issue of availability of parking in the surrounding area adjacent to the application site; and • ownership of the car park, including landowners’ permission. Councillor Billings, seconded by Councillor Davidson, moved that the application be granted on the basis that the impact on parking and on the conservation area was negligible and that the snack van had operated for a considerable period at this location and operated over 5 days a week (normally Tuesdays to Saturdays) between the hours specified in the application (between 10am and 4pm), and that the van should be removed from the location, when not in use and trading. There being no amendment, the motion was declared carried. The Committee agreed to grant the application subject to the following conditions:- 1. That the siting of the snack van shall cease within 3 years of the date of decision. 2. That the use hereby shall only take place between the hours of 10am and 4pm Tuesday to Saturday, and at no other time. The meeting ended at 3.00 p.m. 8
Page 9
NORTH AYRSHIRE COUNCIL 20th September 2023 Planning Committee Locality Three Towns Reference 23/00319/PPM Application Registered 5th May 2023 Decision Due 5th September 2023 Ward Ardrossan Recommendation Approved subject to Conditions __________________________________________________________________ Location Site At North Shore Adjacent To North Crescent Road Ardrossan Ayrshire Applicant North Ayrshire Council F.a.o Ms Yvonne Holland Proposal Erection of community campus comprising early years, primary & secondary school with additional support needs, shared community facilities including; library, learning hub and integrated services, indoor sports facilities including swimming pool, sports hall, gymnasium, dance studio & fitness studio, outdoor sports facilities including 2 sports pitches and Multi-Use Games Area (MUGA); Outdoor learning landscape, recreational spaces and growing spaces, associated parking and infrastructure ___________________________________________________________________ 1. Description This can be ascertained by reference to the attached plans and photographs. Planning permission is sought for the 'Erection of community campus comprising early years, primary & secondary school with additional support needs, shared community facilities including; library, learning hub and integrated services, indoor sports facilities including swimming pool, sports hall, gymnasium, dance studio & fitness studio, outdoor sports facilities including 2 sports pitches and Multi-Use Games Area (MUGA); Outdoor learning landscape, recreational spaces and growing spaces, associated parking and infrastructure,' on an area of land at Ardrossan North Shore. Agenda Item 3 9
Page 10
The application site is approx. 7.5ha in area, comprising some 60% of Ardrossan North Shore, as identified by the Council's adopted Local Development Plan (LDP). Planning permission was granted in 2022 (ref: 21/01161/PP) for enabling works to support the future development of the whole of North Shore. Those permitted works consist of earthworks, remediation, construction of a road, replacement revetment, drainage and formation of a coastal footpath. The development has been screened in accordance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. An EIA was considered to be required and was assessed as part of the enabling work application. This application falls within the category of "major" development, in terms of The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. A pre-application consultation (PAC) was required, and a PAC notice was received 11th June 2021 (ref: 21/00539/PREAPM). The application site is bounded to the north-west by the area of the permitted revetment and footpath with the coast beyond. To the north-east is the permitted road with another part of North Shore beyond. The south-east is the permitted road with parts of North Shore and existing houses beyond and to the south-west is the permitted revetment and footpath with the coast and part of North Shore beyond. In support of this application the following documents have been submitted: PAC report The PAC report notes the publicity measures undertaken. Public events were held on 9th, 10th and 15th February 2023. The report notes there were 103 attendees at the events. Comments raised include questions about the sporting provision, car parking and active travel, the height and scale of the building, floodlighting, air and noise quality, costs, traffic management, proposals for the existing schools, publicity, risk assessments and security of local properties. There was a feedback session on 9th March 2023 with 110 attendees. Planning Statement The statement summarises the planning background, including the LDP allocation and policy context. Design and Access Statement and Landscape Design Report Sets out of the rationale behind the site and building design approach, landscape design, gives the refuse collection strategy and provides details of sustainability, accessibility and changing place toilets. Air Quality Impact Assessment This document states that the proposed development is not predicted to have a significant impact on local air quality. The development would pursue an all-electric strategy. Noise Impact Assessment 10
Page 11
This assesses the likely noise emissions from the mechanical plant of the building and the use of the sports pitches. It is considered that mechanical plant would operate at 31dB daytime and 26dB nighttime. This is below the existing background noise level. The worst case noise levels for the use of the sports pitches, from use in the evenings, at the nearest residential properties are considered to be of the same magnitude as the existing noise. Lighting Impact Assessment This considers the light spill from the campus building, parking, and floodlighting of the sports pitch. The assessment concludes that through use of the LED lighting and timed switches, the proposed lighting would provide the necessary security whilst limiting obtrusive lighting and recognising the site as with a relatively dark urban area. Transport Assessment and Travel Plan This Assessment considers the potential trip generation, accessibility and traffic flows. The development would provide 207 parking spaces, including 11 disabled spaces. Appropriate visibility splays can be achieved and swept path analysis has been undertaken for buses and refuse vehicles. The site is considered to be highly accessible on foot, by cycling and by public transport during the day. Local junctions have been tested and found to have sufficient capacity based on future road use. The Travel Plan sets out measures to promote walking and other forms of active travel. The plan sets out an indicative implementation programme which includes provision of adequate facilities, surveys, monitoring and specific items of work to promote active travel. Statement of Flood Risk and Drainage Strategy This Assessment identifies that the site is not at material risk of flooding given the permitted works to be undertaken before this proposed development. Surface water drainage would discharge to coastal waters. The Town and Country Planning (Scotland) Act 1997 states that when determining planning applications regard shall be had to the provisions of the development plan, so far as material to the application, and to any other material considerations. The development plan comprises the LDP and National Planning Framework 4 (NPF4) adopted by the Scottish Government February 2023. The relevant policies of the LDP are Strategic Policy 1; Strategic Policy 2: Placemaking; Strategic Policy 3: Ardrossan Harbour and North Shore Strategic Development Area; Policy 2: Regeneration Opportunities; Policy 3: Town Centres; Policy 27: Sustainable Transport and Active Travel, Policy 29: Energy Infrastructure Development and Policy 31: Future Proofing for Heat Networks. The relevant policies of NPF4 are considered to be Policy 1: Tackling the climate and nature crises; Policy 2: Climate mitigation and adaption; Policy 3: Biodiversity; Policy 9: Brownfield, vacant and derelict land; Policy 10: Coastal Development; Policy 13: Sustainable transport; Policy 14: Design, quality and place; Policy 15: Local living; Policy 19: Heat and cooling; Policy 21; Play, recreation and sport; Policy 25: Community wealth building; and Policy 27: Town, local and commercial centres. 11
Page 12
Relevant Planning History None. Relevant Development Plan Policies Strategic Policy 1 Spatial Strategy Our spatial strategy is based on the principle that we want to direct the right development to the right place. This means we want to direct most development to our towns, villages and developed coastline where we have infrastructure capacity to support new development, where there is access to existing services and where we have opportunities to re-use and redevelop brownfield land. We recognise that for island and rural communities we have to be more flexible to ensure they can grow and thrive too so we have set out a distinct approach for them which continues to promote a sustainable pattern of development but that also empowers our rural economy and communities to develop while protecting our countryside areas as a valuable natural asset. We have indicated what this means on our Spatial Strategy Map and in the mini maps included throughout this Local Development Plan. Strategic Policy 1 includes objectives and policies for how development can enhance and protect our Towns and Villages, our Countryside and our Coast. We will assess development proposals against the principles set out in the spatial strategy. All development proposals must also comply with Policy 2: Placemaking and any relevant policies of this Plan. We will resist development outwith the boundaries of towns and villages, except where the development would positively contribute to the vision or priorities identified in the spatial strategy or where detailed policies of the LDP provide support. We will refer to Scottish Planning Policy's presumption in favour of development that contributes to sustainable development in considering proposals that are not supported by the spatial strategy. Strategic Policy 2 Placemaking Our Placemaking policy will ensure we are meeting LOIP priorities to make North Ayrshire safer and healthier by ensuring that all development contributes to making quality places. The policy also safeguards, and where possible enhances environmental quality through the avoidance of unacceptable adverse environmental or amenity impacts. We expect that all applications for planning permission meet the six qualities of successful places, contained in this policy. This is in addition to establishing the principle of development in accordance with Strategic Policy 1: Spatial Strategy. These detailed criteria are generally not repeated in the detailed policies section of the LDP. They will apply, as appropriate, to all developments. Six qualities of a successful place Distinctive The proposal draws upon the positive characteristics of the surrounding area including landscapes, topography, ecology, skylines, spaces and scales, street and building forms, and materials to create places with a sense of identity. 12
Page 13
Welcoming The proposal considers the future users of the site and helps people to find their way around, for example, by accentuating existing landmarks to create or improve views (including sea views), locating a distinctive work of art in a notable place or making the most of gateway features to and from the development. It should also ensure that appropriate signage and lighting is used to improve safety and illuminate attractive buildings. Safe and Pleasant The proposal creates attractive places by providing a sense of security, including by encouraging activity, considering crime rates, providing a clear distinction between private and public space, creating active frontages and considering the benefits of natural surveillance for streets, paths and open spaces. The proposal creates a pleasant, positive sense of place by promoting visual quality, encouraging social and economic interaction and activity, and by considering the place before vehicle movement. The proposal respects the amenity of existing and future users in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare, traffic generation, and parking. The proposal sufficiently investigates and responds to any issues of ground instability. Adaptable The proposal considers future users of the site and ensures that the design is adaptable to their needs. This includes consideration of future changes of use that may involve a mix of densities, tenures, and typologies to ensure that future diverse but compatible uses can be integrated including the provision of versatile multi-functional greenspace. Resource Efficient The proposal maximises the efficient use of resources. This can be achieved by re-using or sharing existing resources and by minimising their future depletion. This includes consideration of technological and natural means such as flood drainage systems, heat networks, solar gain, renewable energy, and waste recycling as well as use of green and blue networks. Easy to Move Around and Beyond The proposal considers the connectedness of the site for people before the movement of motor vehicles, by prioritising sustainable and active travel choices, such as walking, cycling and public transport and ensuring layouts reflect likely desire lines, through routes and future expansions. SP3 Strategic Development Area 2 AH NS Strategic Development Area 2: Ardrossan Harbour and North Shore Ardrossan Harbour and North Shore Ardrossan is one of Scotland's largest and busiest ferry terminals and benefits communities and businesses across Ayrshire. The regeneration of Ardrossan Harbourside is, therefore, one of the key strands of the wider Ayrshire Growth Deal. We support the regeneration of Ardrossan North Shore area for residential and mixed use development, particularly where community uses can be integrated into the development, which will increase pedestrian flow through the area and into the town centre. The Plan supports development that: 13
Page 14
o improves accessibility, quality and reliability of ferry services supported by excellent multi-modal transport interchanges that offer travel choice for all users. o supports Island communities with efficient life-line services in an inclusive and locally valued manner. o maximises economic links between Ayrshire and Arran and Argyll and Bute o address socio-economic needs of local communities in capturing new, inclusive economic activity that extends economic resilience across mainland and island communities. o delivers community priorities identified through the Three Towns Charrette. o includes commercial leisure (including a hotel) and employment uses at the Harbour. o provides active travel routes into and throughout the site, and regeneration of vacant land to form urban parkland. Detailed Policy 2 - Regeneration Opportunities Policy 2: Regeneration Opportunities In principle, we will support and promote development of brownfield land (including vacant and derelict land) within our settlements, where the development aligns with the placemaking policy. In particular, we support the re-use of sites shown in schedule 4 for a range of urban uses which would contribute to the placemaking agenda, subject to their impact on the surrounding established amenity, assessment against the Placemaking Policy and in particular their impact on utility and service capacity. Note that proposals for significant footfall generating uses considered against this policy should accord with the Town Centre First Principle and must not undermine the vitality or viability of town centres or the delivery of the effective housing and industrial land supplies except where they would support the principle of sustainable development. We will support development of the regeneration opportunities for a range of integrated urban uses including: o Residential. o Local-scale community and leisure uses. o Other local employment uses like shops, banks, cafes, workshops, garages, and small offices (including working from home). We will also support alternative solutions which would improve the amenity or economic outlook of the surrounding area such as o Greening (Woodland planting, allotments etc.) o Renewable Energy Generation o Protection and enhancement of green and blue networks There may also be instances in the plan period where new regeneration sites are identified. In principle we will support proposals which are innovative, contribute to our placemaking agenda and align with our vacant and derelict land strategy. Detailed Policy 3 -Town Centres & Retail Policy 3: Town Centres and Retail 14
Page 15
Our town centres are the social and economic heart of our communities, providing jobs, homes and employment. Appropriate development within our town centres has the potential to improve their vitally and vibrancy. This can also ensure that investment in our communities is directed in a way that is most beneficial to residents, employees and visitors to our towns. In principle, we will support development in our network of centres shown in schedule 6 where it would be of a scale appropriate to that centre. For development that has the potential to generate significant footfall, we will support proposals that have adopted a town centre first sequential approach. This includes retail and commercial leisure uses, offices, community and cultural facilities and where appropriate, public buildings such as education and health facilities. We will require that locations are considered, and a reasoned justification given for discounting them, in the order of preference: o Town centres (as defined in Strategic Policy 1). o Edge of town centres. o Other commercial centres (as defined above). o Out-of-centre locations that are, or can be made, easily accessible by a choice of transport modes. We will be flexible and realistic in applying the sequential approach, in particular where key sector and employment uses are proposed, to ensure that different uses are developed in the most appropriate locations. It is important that community, education and healthcare facilities are located where they are easily accessible to the communities that they intend to serve. We recognise that for some uses, such as sports centres and schools, a town centre location may not always be the appropriate location for them, particularly where sports pitches are part of the proposal. When a development is proposed within our Network of Centres, we will support proposals which positively contribute to: o The role and function of the centre within the network, including by addressing an identified opportunity. o Quality of character and identity that creates a shared sense of place for users, visitors and residents o Community well-being, including by supporting the integration of residential uses and by enhancing links with surrounding residential areas and tourist attractions via the road and path network with associated blue & green network. o Vitality, viability and vibrancy of the centre, supporting it as a place for business to locate, expand and flourish by enhancing and diversifying the mix of uses including supporting economic and social activity. o Our important retail streets/areas (as described in schedule 6 and in our Town Centre Audits), recognising the fragile nature of some of our retail areas. o Accessibility of the town centre including considering the location of regular rail and bus routes. In principle, we will also support proposals which align with town centre strategies and we will continue to encourage other regeneration initiatives, such as Conservation Area renewal projects, which improve the quality, accessibility and perception of town centre environments. Detailed Policy 27 Sustainable Transport and Active Travel 15
Page 16
We will support development that: contributes to an integrated transport network that supports long term sustainability o reduces inequality by improving the accessibility and connectivity of employment opportunities and local amenities o provides safe and convenient sustainable transport options and supports modal shift to sustainable transport and active travel. o reduces the need to travel or appropriately mitigates adverse impacts of significant traffic generation, road safety and air quality, including taking into account the cumulative impact. o takes a design-led, collaborative approach to street design to provide safe and convenient opportunities for integrated sustainable travel in the following order of priority: pedestrians, people on cycles, people using collective transport (buses, trains etc.) and people using private transport. o considers the potential requirements of other infrastructure providers, including designing for the potential development of district heat networks by for example incorporating access points into the transport network to allow for future pipe development or creating channels underneath the road/infrastructure to enable pipe development with minimal disruption to the networks. o enables the integration of transport modes and facilitates movement of freight by rail or water (in preference to road). This would include, for example, the provision of infrastructure necessary to support positive change in transport technologies, such as charging points for electric vehicles and the safeguarding of disused railway lines with the reasonable prospect of being used as rail, tram, bus rapid transit or active travel routes. o considers the impact on, and seeks to reduce risk to level crossings, including those located within Ardrossan, Stevenston and Gailes. Proposals are expected to include an indication of how new infrastructure or services are to be delivered and phased, and how and by whom any developer contributions will be made. We will take account of: o the implications of development proposals on traffic, patterns of travel and road safety. o Significant traffic generating uses should be sited at locations that are well served by public transport, subject to parking restraint policies, and supported by measures to promote the availability of high-quality public transport services. Where this is not achievable, we may seek the provision of subsidised services until a sustainable service is achievable. o the potential vehicle speeds and level of infrastructure provided for the expected numbers of trips by all modes. o the relationship between land use and transport and particularly the capacity of the existing transport network, environmental and operational constraints, and proposed or committed transport projects. o committed and proposed projects for the enhancement of North Ayrshire's transport infrastructure, including improved park and ride provision. o specific locational needs of rural communities. We recognise that in rural areas we need to be realistic about the likely viability of public transport services and innovative solutions such as demand-responsive public transport and small scale park and ride facilities at nodes on rural bus corridors will be considered. 16
Page 17
o The Council's adopted Local Transport Strategy, Core Paths Plan, Town Centre Parking Strategy and parking requirements. o The need to mitigate and adapt to climate change with regard to the Climate Change (Scotland) Act 2009. o The provision of new and improved links to existing and proposed active travel routes which are integrated with the wider strategic network, including the National Walking and Cycling Network, core paths and the Ayrshire Coastal Path. Developments likely to generate significant additional journeys will be required to be accompanied by a Transport Assessment, Air Quality Assessment and a Travel Plan. A Transport Statement will be required for smaller scale developments that will not have a major impact on the transport network, but are still likely to have an impact at a local level on the immediate transport network. National Development: The National Walking and Cycling Network (NWCN) was designated as a national development within the National Planning Framework (NPF3). This is an ambitious project which aims to grow Scotland's network of paths from 6,000 to 8,000 km by 2035. Key routes in North Ayrshire which will contribute to this network are detailed below. These are being developed in partnership with Sustrans and Scottish Natural Heritage as lead organisations for the delivery of the NWCN. These include the development of an off-road alignment for: o National Cycle Network (NCN) Route 73 (North) between Brodick and Corrie on the Isle of Arran o NCN Route 753 between Skelmorlie and Ardrossan o While not explicitly referenced in NPF3, support will be given to development of an off-road alignment for NCN Route 7 between Kilwinning and Kilbirnie. Detailed Policy 29 - Energy Infrastructure Policy 29: Energy Infrastructure Development We will support development proposals for energy infrastructure development, including wind, solar, tidal, cropping and other renewable sources, where they will contribute positively to our transition to a low carbon economy and have no unacceptable adverse environmental impacts, taking into consideration (including cumulatively) the following: Environmental o Communities and individual dwellings - including visual impact, residential amenity, noise and shadow flicker; o Water quality; o Landscape - including avoiding unacceptable adverse impacts on our landscape designations; o Effects on the natural heritage - including birds; o Carbon rich soils including peat; o Impacts on the historic environment - including scheduled monuments, listed buildings and their settings. Community 17
Page 18
o Establishing the use of the site for energy infrastructure development; o providing a net economic impact - including socio-economic benefits such as employment, associated business and supply chain opportunities; o Scale of contribution to renewable energy generation targets; o Public access - including impact on long distance walking and cycling routes and scenic routes identified in the National Planning Framework; o Impacts on tourism and recreation; o Specific locational opportunities for energy storage/generation. Public Safety o Greenhouse gas emissions; o Aviation and defence interests and seismological recording; o Telecommunications and broadcasting installations - particularly ensuring that transmission links are not compromised; radio telemetry interference and below ground assets; o Road traffic and adjacent trunk roads; o Effects on hydrology, the water environment and flood risk including drinking water quality and quantity (to both the public and private water supplies); o Decommissioning of developments - including ancillary infrastructure, and site restoration and aftercare. Proposals should include redundancy plans which will demonstrate how apparatus will be timeously removed as reasonably soon as the approved scheme ceases operation. There may be a requirement for financial bonds to ensure that decommissioning can be achieved. Taking into consideration the above, proposals for wind turbine developments should accord with the Spatial Framework (as mapped) and consider the current Landscape Capacity Study for Wind Farm Development in North Ayrshire. This study will be used as a point of reference for assessing all wind energy proposals including definitions of what small to large scale entails. Buildings: Low and Zero Carbon Generating Technology Proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. A statement will be required to be submitted demonstrating compliance with this requirement. The percentage will increase at the next review of the local development plan. This requirement will not apply to: 1. Alterations and extensions to buildings 2. Change of use or conversion of buildings 3. Ancillary buildings that stand alone and cover an area less than 50 square metres 4. Buildings which will not be heated or cooled, other than by heating provided solely for frost protection. 5. Buildings which have an intended life of less than two years. Detailed Policy 31 - Future Proofing for Policy 31: 18
Page 19
Future Proofing for Heat Networks We will support proposals for the creation or enhancement of district heat networks in as many locations as possible in North Ayrshire (even where they are initially reliant on carbon-based fuels if there is potential to convert them to run on renewable or low carbon sources of heat in the future). We will seek to identify and safeguard existing and future heat network generation and distribution infrastructure, including piperuns and pipework within, and to the curtilage of, new developments. Proposals for development that constitute a significant heat source or substantial development* which would not result in the creation or enhancement of district heat networks should include: i) provision for on-site heat recovery and re-use infrastructure; or ii) a heat network generation and distribution infrastructure plan (a district heating plan), taking into account the potential to connect to future heat demand sites; or iii) demonstrable evidence that district heating or other forms of renewable generation storage have been explored but are not feasible for technical (proximity, geography, safety etc) or economic reasons. * 'Substantial' developments consist of urban extensions, large regeneration areas or large development sites subject to master planning or large mixed use developments and major sites (50 residential units and above). There is, however, an element of judgment that will need to be applied here and it might be that some other locations offer significant potential for heat networks due to their local context, support from the local authority, and 'buy in' from developers. 2. Consultations and Representations Neighbour notification was carried out and the application was advertised. There have been 3 objections. The objections can be summarised as follows: 1. The development of the site will result in the loss of the existing mosaic habitat. Response: Permission has already been granted for the remediation of the site, which will result in the removal of the current habitat. This application seeks to develop the remediated site. 2. The site is contaminated and no works to remediate the site have been undertaken. No development should take place until remediation is carried out. The site should be tested and verified once complete. Edible food cannot be planted on contaminated land. Response: Permission has already been granted for the remediation of the site. The proposed development, subject of this application, cannot be undertaken without those works having first taking place. A condition could be added to any permission requiring confirmation of remediation and the requirements should any unsuspected contamination be found. See Environmental Health's comments below. 19
Page 20
3. There should be no path between the school and Dawnlight Circle. Foot traffic through Dawnlight Circle will cause an increase in rubbish and disturbance for residents. Cars will park in the street to access the school and footpath would be used as a route to local amenities. Response: The road and potential footpath link to Dawnlight Circle are outwith the scope of this application. They have already been grated planning permission under reference 21/01161/PP. 4. The building should only be 2 storeys in height. More information required in relation to fencing. What will happen when landscaping dies. What is the timescale for the drainage works. Response: The height and design of the building is considered below. Conditions relating to boundary treatments and landscaping, including replacement in the case of failure, could be attached to any permission. The timescale for any construction is not a material consideration for a planning application. 5. The school will cause noise and light nuisance to residents. The noise impact assessment does not provide enough information in relation to the actual operation of the school. Children playing and leaving will be very noisy as will construction works. The figures in the noise assessment are disputed and an assessment of the existing schools should be carried out. Response: The noise impact information has been assessed by Environmental Health and is considered sufficient for the purposes of this application. See comments below. Should an acute instance of noise or light disturbance occur, Environmental Health can take action against any statutory nuisance under its own powers. 6. Travelling to and from the school will also cause noise and light pollution and increase vehicle emissions. Response: The site is within an urban area and a school use is considered appropriate for such an area. Environmental Health has requested a condition regarding an assessment of traffic movement. See below. 7. More information required on bin collection and litter picking. Response: There is considered to be sufficient bin storage capacity within the site and Active Travel and Transportation have no concerns in relation to bin lorry movement. The actual frequency or method of refuse collection or picking of any associated litter is not a relevant planning consideration. 8. Alleged errors within some documents. The drainage information relates to North Lanarkshire Council. Any surveys carried out during Covid should not be used. Response: The information provided with the application is considered sufficient for the purposes of determining the application. The reference to North Lanarkshire is noted but it is not considered that this has any impact on the drainage information. Consultations 20
Page 21
SEPA - No comment on this specific proposal. SEPA notes that this development cannot be built without the works permitted under 21/01161/PP first being carried out. SEPA's contaminated land specialists had extensive discussions with NAC Environmental Health in terms of the potential for impacts on the water environment and any remediation requirements and had no objections to that application. Response: Noted. NAC Active Travel and Transportation - No objections. Noted that the required Transport Assessment and Travel Plan have been submitted. It is also noted there would be two vehicle access to the car parks and visibility splays of 2.4m 40m can be achieves at the car park exits. The parking, including for cycles, is sufficient. A detailed Construction Management Plan should be submitted prior to works commencing. A before and after road condition survey should be carried out. Response: Noted. A condition could be attached to any permission requiring submission of a detailed Construction Management Plan. Road condition surveys would be a matter for the Roads Authority and the applicant has been advised of the comments. NAC Environmental Health - No objections. Prior to the commencement development the validation and verification reports for the consented but not yet implemented remediation should be submitted to the Council, as Planning Authority, for approval. An assessment of the likelihood of contamination, with remediation strategy, if necessary, should be carried out in respect of these specific works. Any re-used site material should be certified to meet the appropriate British Standards. Any unsuspected contamination should be reported. An assessment of the impact of increased road traffic on local air quality should be submitted. Noise from plant and equipment must not exceed 5dB at the curtilage of any existing or consented noise sensitive properties. Response: Noted. Conditions could be attached to any permission stipulating such requirements. NAC Flooding - No objection. Consider that SEPA should be consulted. If permission is granted, conditions should be attached which require details flow-paths for exceedance be provided and the implementation of the floor risk management measures. Response: Noted. SEPA were consulted as outlined above. A condition in respect of flow-paths and carrying out flood risk management could be attached to any permission. Publicity:- Not Advertised Reason for advertisement:- Regulation 20 (1) Advert Published on:- 17.05.2023 Site Notices:- No Site Notice 21
Page 22
3. Analysis The Towns and Villages Objective of Strategic Policy 1 states that in principle support will be given to proposals that prioritise the re-use of brownfield land over greenfield by supporting a range of strategic developments which deliver sustainable and productive re-use, including at Ardrossan North Shore. The Coastal Objective of Strategic Policy 1 states that a range of uses will be supported that assist to develop and strengthen the coastal economy and marketability and improve accessibility to visit and explore the coast. Policy 9 of NPF4 states that the sustainable reuse of brownfield land will be supported provided the biodiversity value of the land has been taken into account. Policy 10 of NPF4 states that development in developed coastal areas will be supported where it does not result in the need for further coastal protection and is anticipated to be supportable in the long term. The application site is brownfield land. The proposed campus is considered to be a productive re-use of the site. There is an existing coastal revetment which has permission to be replaced as part of the works to remediate the site and no further coastal protection is required. The biodiversity value of the un-remediated site was considered as part of the application to remediate, and the remediation and eventual reuse was considered to be acceptable. The proposal therefore accords with Strategic Policy 1 of the LDP and Policies 9 and 10 of NPF4. As noted above the site is identified as part of the Ardrossan Harbour and North Shore Strategic Development Area. Strategic Policy 3 states that support will be given to the regeneration of North Shore for residential and mixed-use development, particularly where community uses can be integrated, which will increase pedestrian flow through the area and into the town centre. Strategic Policy 3 also supports proposals which deliver community priorities identified through the Three Towns Charette and provide active travel routes into and throughout the site, and regeneration of vacant land to form urban parkland. The Three Towns Charette was held in February 2017. The Charette identified North Shore as brownfield opportunity and the coast as the key natural asset of the Three Towns. Community priorities and projects identified for Ardrossan included a new Academy. Policy 3 of the LDP states that for development with potential to generate significant footfall, a town centre first approach should be adopted. However, the policy also recognises a need to be flexible and specifically recognises that a town centre location may not always be appropriate for schools, particularly with sports pitches. Policy 27 of NPF4 essentially reiterates that approach. Policy 15 of NPF4 states that development will contribute to local living by giving consideration to the level and quality of interconnectivity with the local area, including access to other services in the area. Given the footprint of the campus and sports pitches it is not considered that the development would be appropriate for a town centre location. The proposed campus would be sited at the southern end of North Shore some 330m from the Town Centre of Ardrossan, as identified in the LDP. The campus would be adjacent to the permitted coastal path upgrade and there would be active travel links to the east and the south with access to the Town Centre to the south and east via Montgomerie Street and Glasgow Street. The site is some 280m from the open space at Castle Hill and would have active travel links along the coastal path to open space and routes through and out of Ardrossan to the north. The 22
Page 23
development would provide improved sports facilities, based on the provision at existing schools. The campus would provide a replacement Ardrossan Academy and Winton Primary School. In terms of Ardrossan Academy, the new campus would be in a more westerly position within its catchment area. This would mean that the eastern end of the current catchment (the west side of Dalry Road, Saltcoats) would be some 900m further from the school. However, the western side of Ardrossan would be some 700m closer. It is noted that the most northerly part of Ardrossan would remain some 1.9km distant from the school. On balance, it is considered that the proposed site would be as accessible as the current location. In terms of Winton Primary, the new campus would also be in a more westerly position, some 450m to the west of the current site. However, given the size of the catchment, it is also not considered that this would impact on the accessibility of the school. The proposal would contribute to local living. In light of all the above, it is considered that the proposal accords with Strategic Policy 3 and Policy 3 of the LDP and Policies 15 and 27 of NPF4. Policy 2 of the LDP states that support will be given to development of brownfield land, subject to an assessment against the placemaking policy. Strategic Policy 2: Placemaking sets out the six qualities of a successful place which are 'distinctive,' 'safe and pleasant,' 'resource efficient,' 'welcoming,' 'adaptable,' and 'easy to move around and beyond.' Policy 14 of NPF4 is essentially a re-iteration of the six qualities although with slightly different definitions. The qualities are defined as 'healthy,' 'pleasant,' 'connected,' 'distinctive,' 'sustainable,' and 'adaptable.' In terms of 'distinctive' proposals should draw upon the positive characteristics of the area. In terms of 'safe and pleasant,' and 'pleasant,' proposals should encourage activity, including social and economic activity. Proposals should respect the amenity of existing and future users in terms of factors including noise, privacy and traffic generation. 'Healthy,' should improve physical and mental wellbeing. In terms of 'resource efficient' proposals should re-use existing resources and give consideration to existing green and blue networks. 'Sustainable,' should support the efficient use of resources that allow people to live, work and stay in their area. In terms of 'welcoming' proposal should consider the future users of the site and help people find their way around. In terms of 'adaptable,' proposals should ensure the design is adaptable to meet the needs of future users. In terms of 'easy to move around and beyond,' and 'connected,' proposals should consider the connectedness of the site including considering active travel and likely desire lines, through routes and future expansion. Policy 27 of the LDP states that support will be given to development that contributes to an integrated transport network and provides safe and convenient sustainable transport options that support a shift to active travel. Policy 13 of NPF4 has similar requirements to Policy 27 of the LDP. It also requires a transport assessment to be undertaken for proposals generating significant movement. Policy 29 of the LDP states that proposal for new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building 23
Page 24
Standards will be met through low and zero-carbon technologies. Policy 31 of the LDP states that proposals for major sites should include on-site heat recovery and re-use, or a heat network plan or demonstrable evidence that this has been explored but is not feasible for technical or economic reasons. Policy 19 of NPF4 has similar considerations to Policy 31 of the LDP. Policy 21 of NPF4 states that development proposals likely to be occupied by children and young people will be supported where they incorporated provision for play and recreation which is proportionate to the scales and nature of the development. The physical characteristics of the proposal are for a campus building with associated sports pitches and landscaping. The application site is some approx. 7.5ha in area. The campus building would have a ground floor footprint of some 8960sqm. It would be sited some 76m to the north-west of Raylight Place and Moonlight Place at its closest point. The building would comprise three asymmetric wings linked by an atrium and service areas. The south-eastern wing would be single storey at its eastern end and two storeys at its western end. It would house the classrooms and facilities for the primary school and early years provision. The south-western wing would be three storeys in height, comprising most of the classrooms and facilities for the secondary school. The northern wing would be two storeys in height comprising the sports and community facilities, including games hall, swimming pool and library. The building would have a finished floor level of 5.6AOD and would be between approx. 5.2m in height at the south-eastern corner, 10.3m at the northern end and 14.25m at the south-western end. The building would be finished in a mixture of grey aluminium cladding with a mix of horizontal and vertical metal window louvres. The windows and doors would also be grey aluminium frames. There would be a landscaped play area and Multi Use Games Area (MUGA) to the south of the south-eastern (primary school and early years) wing. This would be some 0.5ha in area and include 24 cycle spaces. The MUGA itself would be some 60m from the nearest existing residential property at Dawnlight Circle. Landscaping would wrap around the south-western wing being some 1.7ha in area. This would include 48 cycle spaces. The landscaping would terminate on the west side of the northern wing. To the north of that wing would be the outdoor sports area. This would comprise a grassed area some 2.5ha in area including a grass pitch and a enclosed and flood light synthetic pitch. The synthetic pitch would be some 100m from the nearest existing houses at Sweeney Gardens and Moonlight Place. A condition could be attached to any permission requiring details of boundary treatments to be confirmed. In between the sports area and the houses would be car parking for 139 spaces with scope to expand to the north. To the south, and in front of the entrance to the campus building, would be another 68 parking spaces, including disabled parking, drop off space and bin storage. There would be footpaths throughout the site, linking the areas within the site and to the permitted road and coastal path. The building would be orientated so that the narrower and lower profile parts would be sited to the east and north, with the larger elements to the west and south. The longest elevation of the building would face south to help maximise potential solar gain. There are three and four storey buildings to the south. The mass and scale of the building is considered to be appropriate for the site and use. The proposed finishes are considered appropriate for a coastal location where in the long views from the sea and to the north the development 24
Page 25
would be viewed in the context of the settlement of Ardrossan, including the buildings to the south. The lower section of the building would be visible from the approach road to the east. This would form the main entrance and it is considered this would create an appropriate welcome to users. The building has been designed to provide each use with a wing. However, there is interconnectivity which allows for various uses and for future adaptation. The landscaping would relate to the proposed uses with play areas and outdoor space for each age group. The interconnectivity would allow for use of all the outdoor space. The proposed planting would be a mix to reflect the coastal location and proposed sports uses. Given all the above, it is considered that the development draws on the positive characteristics of the area and would by its very nature encourage activity and physical and mental wellbeing. It is considered there is scope for adaptation of the site. The proposed design would be welcoming, and the layout is such that users should be able to find their way around effectively. The proposal incorporates proportionate opportunities for play. The development therefore accords with the 'distinctive,' 'welcoming,' and 'adaptable,' qualities set out in Strategic Policy 2 of the LDP and the 'healthy,' 'distinctive,' and 'adaptable,' qualities set out in Policy 14 of NPF4. The development also accords with Policy 21 of NPF4. The distances to the nearest existing residential properties are set out above. Given the separation and alignment of the building it is not considered that the proposal gives rise to any significant overlooking or overshadowing impacts. NAC Environmental Health has no objection. A condition could be attached to any permission to control the noise of any external mechanical plant. The development would by its nature create noise. However, it is not considered that noise of the operation of the schools would be out of keeping with an area within the settlement. The school use would be restricted to daytime hours, weeks days in term time. The sports pitches and other community uses would be sited further from the existing residences and the Council would retain control over the operation of the development and the sports pitches. A condition could be attached to any permission requiring details of external lighting to be submitted and approved. The development would also generate traffic movements. As above, the school related movements would likely be restricted to certain times. The development would have vehicular and pedestrian links to the wider area via the already permitted road and coastal path. These would link to existing public transport routes through the town centre and beyond. A transport assessment has been provided and NAC Active Travel and Transportation has no objection to the development. There is considered to be sufficient parking and the potential for expansion is noted. A condition could be added to any permission to require a Construction Management Plan to control traffic during the construction phase. A condition could also be added to any permission to require a finalised Travel Plan for the operation of the campus to be provided and the provisions of any plan undertaken. Given all of the above, the development would respect the amenity of neighbours and existing and future users. It is also considered the proposal has considered the connectedness of the site including through routes and future expansion. The proposal is therefore considered to accord with 'safe and pleasant,' and 'easy to move around and beyond,' qualities of Strategic Policy 2, the 'pleasant,' and 'connected,' qualities of Policy 14 of NPF4, and Policy 27 of the LDP and Policy 13 of NPF4. 25
Page 26
The proposal would be built on a remediated brownfield site. The development had been designed in accordance with 'Passivhaus' standards. The submitted design statement states that a passivhaus building envelope and air infiltration system. An air source heat pump is proposed for heating and hot water. Other mechanical plant would include heat recovery and low energy LED lighting. The building would have control zones to limit operational usage dependent on occupancy and solar panel arrays would be installed. The applicant states that this would meet the required 10% reduction in carbon emissions. The applicant had provided information that the development of the campus provides the potential for a heat network when considered with the proposed housing phases. The housing phases, to the north and east, have not yet been applied for or permitted. However, it is clear that a heat network has been considered and could be considered further should further development proposals be applied for. The layout has provided space for bin storage and a swept path analysis has been provided which confirms access for refuse collection. Given all the above, the proposal is considered to accord with the 'resource efficient,' quality of Strategic Policy 2 and the 'sustainable' quality of Policy 14 of NPF4, Policies 29 and 31 of the LDP and Policy 19 of NPF4. In terms of the wider reaching policies of NPF4, Policy 1 states that all development proposals must give significant weight to the global climate and nature crises. Policy 3 has the intention of seeking to deliver positive effects on biodiversity from development. Policy 25 has the intention to encourage a wellbeing economy and support should be given to proposals consistent with local economic priorities. As set out above the proposal has been designed with low and zero carbon technologies so that emission reductions targets are met. The development will be built on remediated brownfield site. Landscaping including coastal appropriate planting, flowering lawn mix, and tree planting is proposed which will aid biodiversity on the remediated site. Any permission could be subject to conditions requiring the landscaping to be carried out and replaced if any dies. Any permission could also be subject to a further condition requiring a biodiversity action plan to be submitted and carried out. The proposal is for a Council development that will provide new facilities including sport and early years care. The Council will retain control over the procurement and construction phases and can seek to deliver the development in accordance with local economic priorities. Given all the above, the proposal is therefore considered to accord with Polices 1, 3 and 25 of NPF4. Subject to the following conditions, it is considered that permission can be granted. 4. Full Recommendation Approved subject to Conditions Reasons for Decision Condition 1. That prior to the commencement of the development, the remediation works (approved under permission 21/01161/PP) shall have been completed and a validation and verification report, which demonstrates the effectiveness of the 26
Page 27
completed remediation works, with all documentation verified by a suitably qualified Environmental Consultant, shall be submitted for the approval of North Ayrshire Council, as Planning Authority. Reason In recognition of the history of the site and to meet the requirements of Environmental Health. Condition 2. That prior to the commencement of the development the applicant shall review any previous site investigations and risk assessments to assess the likelihood of contamination and submit an appropriate Remediation Strategy to the satisfaction of North Ayrshire Council as Planning Authority. 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 recognition of the history of the site and to meet the requirements of Environmental Health. Condition 3. On the basis 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 BS3882:2015 and BS8601:2013, material to be used in the top 300mm shall also be free from metals, plastic, wood, glass, tarmac, paper and odours. On completion of the works and at a time and or phasing agreed by the 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. Reason In recognition of the history of the site and to meet the requirements of Environmental Health. Condition 4. That the presence of any significant unsuspected contamination that becomes evident during the development of the site 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 the site, all to the satisfaction of North Ayrshire Council, as Planning Authority. Reason In recognition of the history of the site and to meet the requirements of Environmental Health. Condition 27
Page 28
5. That prior to the commencement of the development, a Construction Management Plan shall be submitted for the written approval of North Ayrshire Council, as Planning Authority, and the development will thereafter be carried out in accordance with the details of any approved plan. Reason To ensure appropriate management of construction traffic and to meet the requirements of North Ayrshire Council, as Roads Authority. Condition 6. That prior to the commencement of the development, details of post development exceedance flow-paths shall be submitted to demonstrate that overland flow would be directed away from existing and proposed buildings and that site access and egress would be possible when the capacities of the drainage systems serving the site are exceeded, including an allowance for the predicted effects of climate change. Reason To ensure appropriate flows of surface water in the event of drainage systems being exceeded in the interests of maintaining access. Condition 7. That prior to the commencement of the development a scheme to secure the flood risk management performance of the seawall / revetment and any other feature that protects the site from coastal flooding and private drainage assets that serve the site is provided for the approval of North Ayrshire Council, as Planning Authority, and any scheme as may be approved is implemented prior to the occupation of the site and maintained in perpetuity. Reason To ensure the flood risk management assets of the site are appropriately implemented and maintained in the interests of flood safety. Condition 8. That prior to the development becoming operational, a report outlining the potential impact of increased road traffic on local air quality, including concentrations of atmospheric pollutants, shall be submitted for the approval of North Ayrshire Council, as Planning Authority. Reason To ensure air quality impacts from traffic movements are property assessed to meet the requirements of Environmental Health Condition 9. That prior to the development becoming operational, the applicant shall submit for the written approval of North Ayrshire Council as Planning Authority details of a finalised Travel Plan for the development. Such a Travel Plan shall include details of active travel proposals for all users of the site and an indication of the measures which shall be undertaken to reduce car journeys. Thereafter, the Travel Plan as may be approved shall be implemented upon the development becoming operational to the satisfaction of North Ayrshire Council as Planning Authority and reviewed at 2 28
Page 29
yearly intervals thereafter, unless otherwise agreed in writing with North Ayrshire Council as Planning Authority. Reason To ensure an appropriate travel plan for the operation of the development in the interest of promoting active travel. Condition 10. That prior to the commencement of the development, details of boundary treatments shall be submitted for the written approval of North Ayrshire Council as Planning Authority. The development will thereafter only be carried out in accordance with any details as may be approved. Reason To ensure appropriate boundary treatments in the interests of visual amenity. Condition 11. That the proposed landscaping shall be carried out in the first planting season following completion of the development or occupation of the building, whichever is soonest. Any landscaping which dies, becomes diseased, or otherwise fails, within 5 years of the completion of the development shall be replaced to the satisfaction of North Ayrshire Council, as Planning Authority. Reason To ensure the landscaping scheme is carried out in the interests of visual amenity and biodiversity. Condition 12. That prior to commencement of the development or within 12 months of the date of approval, whichever is later, a biodiversity action plan, which shall include details of bird boxes, wildflowers and other measures to promote/safeguard biodiversity and nature conservation shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the action plan as may be approved shall be implemented prior to the campus becoming operational to the satisfaction of North Ayrshire Council as Planning Authority. Reason To promote and safeguard biodiversity gain from the development. Condition 13. That prior to commencement of the development or within 12 months of the date of approval, whichever is later, details of all external lighting within the site shall be submitted for the written approval of North Ayrshire Council as Planning Authority. Thereafter, the external lighting scheme as may be approved shall be implemented prior to the campus becoming operational to the satisfaction of North Ayrshire Council as Planning Authority. Reason To ensure appropriate external lighting in the interests of visual amenity and the amenity of neighbouring properties. 29
Page 30
Condition 14. The rated noise level, as defined in BS4142:2014 +A1:2019, from the operation of all plant and equipment must not exceed the background noise level by 5dB or more at the curtilage of any existing or consented noise sensitive premises. Reason To ensure any plant operates at an appropriate noise level in the interests of the amenity of neighbouring properties. Allan Finlayson Chief Planning Officer For further information please contact Mr Iain Davies on 01294 324320. 30
Page 31
Appendix 1 – Location Plan DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire Council Licence Number 100023393. 31
Page 32
32