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240424 Planning Minute (Final)

North Ayrshire Council · 22 May 2024
Back to Planning Committee — 22 May 2024 and its agenda

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Planning Committee
24 April 2024 
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, Timothy Billings, Scott Davidson, Stewart Ferguson, Cameron Inglis
and Chloé Robertson. 
Present (Remote Participation)
Davina McTiernan and Ian Murdoch. 
In Attendance (Physical Participation)
A. Finlayson, Chief Planning Officer, L. Kirk, Head of Service (Economic
Development, Growth and Regeneration), M. Ritchie, Interim Senior Manager and K.
Smith, Regeneration (Growth & Investment) (Place); R. Lynch, Senior Manager
(Legal Services), C. Stewart and H. Clancy, Committee Services Officers
(Democratic Services) (Chief Executive’s Service). 
Chair
Councillor Foster in the Chair. 
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 March 2024 were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
3. Great Harbour Masterplan, Irvine 
Submitted report by the Executive Director (Place) seeking approval of a masterplan
for the Great Harbour area in Irvine. The Great Harbour Masterplan was set out at
Appendix 1 to the report. 
Members asked questions and were provided with information in relation to:- 
• the guidelines and whether they were indicative, rather than detailed; and
• additional residential parking, mentioned in the report, in the section titled ‘Site
4 Harbour Master’s Car Park (42 Spaces)’. 
The Committee agreed to approve the Great Harbour Masterplan (Appendix 1 of the
report). The approved Masterplan would inform and be a material consideration in the
determination of future planning applications for the area; the preparation of the

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Council’s third Local Development Plan, and in setting out the wider development
aspirations for the area. 
4. 24/00112/PPM: Site to south of 1 Newhouse Drive, Kilbirnie, North Ayrshire 
Keepmoat Homes Ltd. have applied for permission for the erection of 112 residential
dwellings with associated works including access, parking, landscaping, open space,
and SuDS on an allocated greenfield site within the settlement boundary of Kilbirnie. 
The Chief Planning 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:- 
• vehicular access to the development through Newhouse Drive;
• consultations that had been carried out in respect of the application, noting that
the area in question was zoned for housing in the Local Development Plan; and
• adoption of the road by North Ayrshire Council and maintenance of the SuDS
pond which would be a matter for the developer through their appointed factor. 
Councillor Inglis, seconded by Councillor Robertson, moved that the application be
granted, subject to the conditions set out in the officer’s report. There being no
amendment, the motion was declared carried. 
Accordingly, 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
applicant shall undertake a desk study of the application site, (including the
review of any previous site investigations) to assess the likelihood of
contamination and assist in the design of an appropriate site investigation and
subsequent suitable quantitative risk assessment. Remediation proposals
shall also be presented in relation to any significant findings. All
documentation shall be verified by a suitably qualified Environmental
Consultant and submitted to the satisfaction of North Ayrshire Council as
Planning Authority. 
4. That, if 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

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approved by North Ayrshire Council as 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 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
within residential development. 
5. That prior to the commencement of the development hereby approved, full
details of: 
- the proposed land and surface water drainage networks shall be provided; 
- the SuDS Basin design shall be provided. (For the avoidance of doubt, the
embankment levels of the basin shall be designed that exceedance overflows
will flow towards the burn and away from the housing within the development); 
- exceedance flow paths of the drainage network shall be provided; 
all for the written approval of North Ayrshire Council as Planning Authority. 
The finalised surface water drainage scheme shall accord with the principles
and practices contained in 'The SuDS Manual' (CIRIA report C753, published
November 2015). Thereafter, the details 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. 
6. That prior to the commencement of the development hereby approved, the
developer shall provide final details of the boundary treatments 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 to the satisfaction of North Ayrshire Council as Planning Authority. 
7. That all planting, seeding or turfing comprised in the approved details of
landscaping scheme and compensation woodland scheme 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, plants or areas of grass seeding 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 until
established, unless North Ayrshire Council as Planning Authority gives written
consent to any variation. 
5. 24/00116/CON: Site to south east of Goldcraigs Road Depot, Kilwinning 
The Scottish Government’s Energy Consents Unit have consulted the Council, as
Planning Authority, on an application under Section 36 of the Electricity Act 1989. 
In this respect, Flemyland Battery Storage Ltd., per LoganPM, have applied for
permission for the development and installation of a battery energy storage system
and associated infrastructure with a generating capacity of up to 100MW on
undeveloped farmland to the southeast of the Goldcraigs Road Depot on the B778 to
the northeast of Kilwinning.

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The Chief Planning Officer advised the Committee on internal consultations
undertaken and officer responses in terms of the proposals. 
Members asked questions and were provided with information in relation to:- 
• emergency fire and safety plans for the proposed development including relevant
safety aspects thereto;
• EIA screening; and
• the differences in nature / type of this development (battery energy storage
system), and the battery recycling centre at Kilwinning, which was the scene of a
recent fire, including the greater distance to the nearest residential properties in
this proposal. 
The Committee (a) was minded to not object to the proposed development and that
the conditions set out in the officer’s report, and noted below, be recommended to
the Scottish Government’s Energy Consents Unit (SGECU) for its consideration; and
(b) agreed that a covering letter, highlighting the concerns of Members in relation to
the proposed development, be issued to the SGECU with a copy of that letter also
being circulated to Members of the Committee, including the local Ward Members,
for their information. 
Accordingly, the Committee agreed that it was minded to not object to the proposed
development and that the following conditions be recommended to the Scottish
Government’s Energy Consents Unit for its consideration:- 
1. That the development hereby approved shall be implemented in accordance
with the submitted plans, drawings and recommendations contained in the
application 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, the scope
and content of which shall be informed by the contents of the application.
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 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 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 the Planning Authority in agreement
with the West of Scotland Archaeology Service. 
4. That, with regards to the site access (for which a road opening permit will be
required):

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(a) visibility splays of 2.5 metres by 215 metres, in both directions, shall be
provided and maintained at the junction with the public road. No item with
a height greater than 1.05 metre above adjacent carriageway level must
be located within these sightline triangles. 
(b) the first 10 metres of the access, measured from the heel of the
carriageway, shall be hard surfaced in order to prevent deleterious
material being carried onto the road and designed in such a way that no
surface water shall issue from the access onto the carriageway. 
(c) all parking for construction and service vehicles shall be within site
boundary. 
All of the above shall be carried out to the satisfaction of North Ayrshire
Council as Planning Authority. 
5. That, in respect of the management of surface water run-off from the
roads/tracks within the site: 
(a) the condition of the existing culvert that would accept road run-off from the
site shall be investigated. Thereafter, the culvert shall be repaired or
improved if necessary, and 
(b) the future maintenance arrangements are secured with the other owners
of the culvert prior to the first use of the site as an energy storage facility. 
All of the above shall be carried out to the satisfaction of North Ayrshire
Council as Planning Authority. 
6. That details of the colour scheme for all plant, equipment and boundary
treatment to be sited or erected within the site shall be submitted for the
written approval of North Ayrshire Council as Planning Authority. 
7. That, prior to the commencement of the development, the applicant shall
submit for the written approval of North Ayrshire Council as Planning Authority
a finalised scheme of earthworks, landscaping and woodland planting. The
scheme shall be based on the submitted plans and shall include details of an
additional area of woodland planting to be provided between the northwest
edge of the battery storage compound and the existing woodland area which
adjoins the B778. Additional hedgerow trees shall be included along the
southeastern boundary of the site. Details of tree and plant species, planting
densities, soil treatment and aftercare shall be included with the finalised
scheme. Thereafter, the scheme as may be approved shall be implemented
prior the development becoming operational and retained thereafter to the
satisfaction of North Ayrshire Council as Planning Authority. 
6. 24/00162/ALO: Mannsfield, Kings Cross, Brodick, Isle of Arran, North
Ayrshire KA27 8RF 
Mr. Ronald Mann has applied for permission for the removal of the Section 75
agreement from planning permission 13/00329/PP to remove occupancy restriction
in relation to Mannsfield, Kings Cross, Brodick, Isle of Arran.

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The Chief Planning Officer advised the Committee on the background to the request
and on relevant Development Plan policies. 
The Committee unanimously agreed to approve the application with no conditions. 
7. Urgent Items 
There were no urgent items. 
The meeting ended at 3.05 p.m.