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North Ayrshire Council · 24 January 2024
Back to Planning Committee — 24 January 2024 and its agenda

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Planning Committee
22 November 2023 
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)
Stewart Ferguson, Davina McTiernan and Chloe Robertson. 
Present (Remote Participation)
Timothy Billings and Amanda Kerr. 
In Attendance (Physical Participation)
A. Finlayson, Chief Planning Officer and A. Gemmell, Strategic Planning Manager
(Place); R. Lynch, Senior Manager and L. Ingram, Solicitor (Legal Services), and C.
Stewart and D. McCaw, Committee Services Officers (Democratic Services) (Chief
Executive’s Service). 
Also In Attendance (Physical Participation)
R. Crolla, AAH Consultants. 
Chair
Councillor Billings in the Chair. 
Apologies
Robert Foster, Scott Davison, Cameron Inglis, Jim Montgomerie and Ian Murdoch. 
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 20 September 2023 were confirmed and signed
in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government
(Scotland) Act 1973. 
3. Local Development Plan Scheme 
Submitted report by the Executive Director (Place) on the preparation of the
Council’s next Local Development Plan (LDP3) and seeking approval of a revised
Development Plan Scheme.  Appendix 1 to the report detailed the draft Development
Plan Scheme 2023 including the proposed timetable for main stages of the LDP
preparation, what is involved at key stages and a Participation Statement outlining
the consultation process.

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New legislative provisions and regulations relating to the development planning
system came into force on 19 May 2023 and Local Development Planning Guidance,
setting out the Scottish Ministers’ expectations for implementing the new system,
was also published in May.  The Guidance supported a more informed timetable for
the preparation of North Ayrshire’s third Local Development Plan, with adoption
envisaged on LDP3 on or before March 2027. 
Members asked questions and were provided with information in relation to:- 
• engagement with key stakeholders, including housing providers;
• the role of local place plans in the development of the LDP Evidence Report;
• the intention to increase community group awareness in relation to
preparation of local place plans;
• Elected Member assistance in providing details of community groups who
would have an interest in the LDP process;
• the ‘Your Place’ survey, seeking feedback from communities, which would
remain live until April 2024; and
• further consultation opportunities following submission of the Evidence
Report to the Scottish Government. 
The Committee agreed to (a) note the start of the preparation of the next North
Ayrshire Local Development Plan; and (b) adopt the Development Plan Scheme as
set out at Appendix 1 to the report. 
4. Planning Performance Framework 
Submitted report by the Executive Director (Place) on the feedback from the Scottish
Government on the 2022/23 Planning Performance Framework.  The Performance
Markers report was set out at Appendix 1 to the report. 
The Chief Planning Officer advised the Planning Committee that the Scottish
Government (SG) PPF audit assessed 15 performance markers through the RAG
(‘Red, Amber, Green’) rating and provided commentary on each marker.  North
Ayrshire Council had been given a green rating for all but one of the relevant
markers where an amber rating had been given for a reduced focus on Continuous
Improvement attributable to the period where no Chief Planning Officer had been in
post.   
The Committee commended Officers for their continued best practice in delivering
the Planning Service during a challenging time regarding leadership and the
introduction of new Planning Legislation. 
Noted. 
Councillor Kerr, having lost her remote connection, left the meeting at this point.

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5. 23/00420/PPM: Site to South West of Mossculloch Farm, Kilwinning 
Keepmoat Homes Ltd. have applied for planning permission for the erection of 85
residential dwellings with associated works including access, parking, landscaping,
open-space and SuDS on a site to the south west of Mossculloch Farm, Kilwinning. 
The Chief Planning Officer advised the Committee on representations received and
officer responses in terms of the application. 
Councillor Kerr rejoined the meeting at this point. 
Members asked questions and were provided with information in relation to:- 
• the extension of the 30mph speed limit, on the Kilwinning side of the
development, as part of the planning process;
• comprehensive detail of footpath connections and implementation dates to
Blair Road and the B778 being provided by the developer;
• the retention and maintenance of hedgerows along the boundaries of the
development; and
• ongoing maintenance of the common spaces and general planting areas
through a factoring scheme proposed by the applicant. 
Councillor McTiernan, seconded by Councillor Ferguson, moved that the application
be granted, subject to the conditions set out in the officer’s report, with Condition 5
amended to address footpath implementation dates.  There being no amendment,
the motion was declared carried. 
The Committee agreed to grant the application, subject to the following conditions:- 
1. That the development hereby approved shall be implemented in accordance with
the submitted plans, drawings and recommendations contained in the application
(inclusive of all associated supporting documentation) unless otherwise indicated
below, all to the satisfaction of North Ayrshire Council as Planning Authority. 
2. That prior to the commencement of the development hereby approved, the
applicant shall submit a Construction Environmental Management Plan for the
written approval of North Ayrshire Council as Planning Authority. Thereafter, the
development shall be implemented in accordance with such details as may be
approved to the satisfaction of North Ayrshire Council as Planning Authority. 
3. That prior to the commencement of the development hereby approved, the
developer shall provide full details of the proposed finishing materials to be used
for the written approval of North Ayrshire Council as Planning Authority.
Thereafter, the development shall progress in accordance with such details as
may be approved.

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4. That prior to the commencement of the development hereby approved, full details
of the surface water drainage system for the development, including the discharge
rate, basin capacity, other temporary storage capacity, water quality treatment
measures and post development overland flood flow paths shall be submitted for
the approval of North Ayrshire Council as Planning Authority. The scheme shall be
prepared in accordance with the principles and practices contained in 'The SuDS
Manual' (CIRIA report C753, published November 2015). Thereafter, the scheme
as may be approved shall be implemented prior to the completion of the
development and maintained thereafter to the satisfaction of North Ayrshire
Council as Planning Authority. 
5. That prior to the commencement of the development hereby approved, the
developer shall provide comprehensive details, including implementation dates, of
the proposed path connections to Blair Road and the B778 for the written approval
of North Ayrshire Council as Planning Authority. The path connection to Blair Road
shall incorporate ramped sections adjacent to the steps for the wheeling of cycles
and shall be adequately edged and hard surfaced. Thereafter, the development
shall progress in accordance with such details as may be approved to the
satisfaction of North Ayrshire Council as Planning Authority. 
6. 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
and 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. 
7. That all planting, seeding or turfing comprised in the approved details of
landscaping shall be carried out in the first planting season and seeding seasons
following the occupation of the dwellings or the completion of the development,
whichever is the sooner. Any trees or plants which, within a period of five years
from the completion of the development 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 until established, unless North Ayrshire Council as
Planning Authority gives written consent to any variation. 
6. 23/00731/PPM: Meiklelaught Farm, Saltcoats 
GPC 1127 Ltd. have applied for planning permission for the construction and
operation of a 30 MW battery energy storage system with associated infrastructure,
substation, security fencing, CCTV and landscaping on a site to the north west of
Meiklelaught Farm, Saltcoats. 
The Applicant’s Agent addressed the meeting in support of the application and
highlighted endorsement of the recommendations detailed in the officer report. 
The Chief Planning Officer advised the Committee on representations received and
officer responses in terms of the application.

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Members asked questions and were provided with information in relation to:- 
• any impact of the low-level decibel electrical noise which would occur from
the site;
• the landscape appraisal and conditions to be applied to any Planning
Permission;
• any implications in connection with the proposed future B714 upgrade; and
• the possible extension to the duration of landscaped area maintenance
within the operational lifetime of the development. 
Councillor McTiernan, seconded by Councillor Billings, moved that the application be
granted, subject to the conditions set out in the officer’s report, with Condition 4
amended to address landscape maintenance within the operational lifetime of the
development.  There being no amendment, the motion was declared carried. 
The Committee agreed to grant the application, subject to the following conditions:- 
1. That prior to the commencement of the development hereby approved, the
developer shall provide full details of finishing materials of the containers,
buildings and other ancillary structures for the written approval of North
Ayrshire Council as Planning Authority. For the avoidance of doubt, the colour
of the finishing materials shall be chosen to be sympathetic to the rural
landscape. Thereafter the development shall progress in accordance with such
details as may be approved. 
2. That within a period of 24 weeks of the battery storage facility ceasing
operation or becoming redundant for any reason, the site shall be remediated
and restored to its previous condition to the satisfaction of North Ayrshire
Council as Planning Authority. 
3. That no development shall take place until there has been submitted to and
approved by North Ayrshire Council as Planning Authority a scheme of
landscaping, which shall include details of species, planting densities, soil
treatment and aftercare and shall include indications of all existing trees and
hedgerows on the land and details of any to be retained together with
measures for their protection in the course of the development. 
4. That all planting, seeding or turfing comprised in the approved details of
landscaping shall be carried out in the first planting season and seeding
seasons following the occupation of the buildings or the completion of the
development, whichever is the sooner; and any trees or plants which, within the
operational lifetime of the development, 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. 
5. That the rated noise level, as defined in BS 4142:2014 +A1:2019, from the
operation of the proposed facility must not exceed the background noise level
at the curtilage of any noise sensitive property, by 5dB or more, to the
satisfaction of North Ayrshire Council as Planning Authority.

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6. That no development shall take place within the development site as outlined in
red on the approved plan 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 the 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 the
Planning Authority in agreement with the West of Scotland Archaeology
Service. 
7. That Visibility splays of 2.5 metres by 120 metres, in both directions, must be
provided and maintained at the junction with the public road to the satisfaction
of North Ayrshire Council as Planning Authority. No item with a height greater
than 1.05 metre above adjacent carriageway level must be located within these
sightline triangles. The first 5 metres of the access measured from the existing
edge of the public road shall be hard surfaced. 
8. That prior to the commencement of the development hereby approved full
details of the proposed access track shall be provided for the written approval
of North Ayrshire Council as Planning Authority. These shall include details of
the route, surfacing material and drainage as well as details regarding the
proposals for the existing field access and dirt track. Thereafter, the
development shall progress in accordance with such details as may be
approved. 
9. That the construction of the development hereby approved shall take place
outwith the main bird breeding season of March to August, otherwise, if taking
place within this period, a pre-commencement nesting survey shall be
undertaken by a suitably experienced ecologist and the results submitted for
the written approval of North Ayrshire Council as Planning Authority. Any
remediation/mitigation required shall be undertaken prior to the commencement
of the development, to the satisfaction of North Ayrshire Council as Planning
Authority. 
10. That prior to the commencement of the development hereby approved, a
Badger Survey shall be undertaken by a suitably experienced ecologist and the
result submitted for the written approval of North Ayrshire Council as Planning
Authority. Any remediation/mitigation required shall be undertaken prior to the
commencement of the development, to the satisfaction of North Ayrshire
Council as Planning Authority. 
11. That measures to appropriately maintain run-off flow-paths through the site
and/or reroute runoff flow-paths around the site would be provided for the
written approval of North Ayrshire Council as Planning Authority and that the
identified measures would be fully implemented prior to the first use of the site
as an energy storage facility. 
The meeting ended at 3.30 p.m.