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Committee Report 2400307PP

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

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NORTH AYRSHIRE COUNCIL 
22nd May 2024                                                                                                                                                            
Planning Committee 
Locality  Garnock Valley
Reference 24/00307/PP
Application Registered 3rd April 2024
Decision Due 3rd June 2024
Ward Garnock Valley 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Blairland Farm, Dalry 
Applicant  The Blair Trust Co Ltd  c/o Galbraith 
Proposal  Application under Section 42 of Town and Country
Planning (Scotland) Act 1997 to vary conditions 2, 8
and 9 of planning permission in principle ref.
21/00214/PP 
___________________________________________________________________ 
1. Description 
A Section 42 application has been sought in relation to some of the planning conditions
attached to permission in principle for a major housing development at Blairland Farm in
Dalry. The site has been allocated for residential development purposes since the adoption
of the Council's first Local Development Plan in May 2014. 
Planning permission in principle was granted for residential development in June 2015
under ref. 15/00103/PPPM.  An application was subsequently granted in May 2018 (ref.
18/00328/PPM) to extend the time for submitting matters specified in conditions (MSC)
applications.  A further application to extend the time period for MSC was granted in April
2021 (ref. 21/00214/PP). 
Although there has been interest in developing the site from several national housebuilders
(during the period 2018-2020 and in 2021-22), matters did not progress for a variety of
reasons, primarily in respect of access.

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The site owners are therefore seeking a further extension of time in order to market the site
to prospective developers. It is proposed to retain the previous conditions with minor
updates to the text of conditions 2, 8 and 9. A planning statement has been submitted to
explain the proposed changes to the conditions, which are essentially matters relating to
methodology as opposed to substantial changes. 
Under amendments to Section 59 of the Town and Country Planning (Scotland) Act 1997
which came into force in October 2022, the duration of a planning permission in principle is
now 5 years.  When the previous application was granted, the duration was 3 years. 
An application under Section 42 of the Act, if granted, creates a new planning permission
without altering the conditions on the previously granted permission. The planning authority
must consider "only the question of the conditions to which planning permission should be
granted." 
2. Consultations and Representations 
The application was subject to the statutory neighbour notification procedures which
involved the notification of 90 neighbouring residential properties. Four letters of objection
have been received, the points of which are summarised below: 
1. More houses despite not increasing local amenities. School and nursery are already
pushed for spaces in the area. Doctors surgery can't cope with the current residents of Dalry
never mind adding in any more. We are losing our country side one field at a time. 
Response: Not agreed. The land was allocated for housing development in 2014 and
remains allocated for housing development in the current development plan, with an
indicative capacity of 200 houses. Planning permission in principle was granted subject to a
suite of conditions in 2015. The current application seeks, for the third time, to renew the
planning permission in principle. By law, decisions on planning applications require to be
taken in accordance with the provisions of the development plan unless material
considerations indicate otherwise. Since the Blairland Farm site was allocated in 2014,
there has been no major housing development in Dalry. If detailed proposals for the site, or
parts of it, are submitted to the Council at a future date, there would be a further opportunity
for public comments.   
2. The evidenced plans appear to encroach onto land not owned by the local authority
or the applicant as can be observed to the West of houses on Finlay Avenue. The indicated
area trespasses onto the gardens of property on this row. 
Response: The land immediately to the west of the existing houses on Finlay Avenue is
owned by North Ayrshire Council. The Council, as landowner, has been notified of the
application by the applicant's agent in accordance with statutory procedures. The land
further west is owned by Network Rail, who have also been served the appropriate
notification by the applicant's agent. 
3. The roads in and surrounding Blair housing estate are already congested and the
busy bus route struggles to get round. The parking restrictions on local roads limit the
movement of the vehicles already in use, the addition of heavy goods vehicles would only
agitate this more.

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Response: Noted. A condition on the previous grant of planning permission required the
submission of a Construction Management Strategy Plan (CMSP) for the written approval of
the Council as Planning Authority. A CMSP, or an equivalent Construction Environmental
Management Plan (CEMP) would need to include details of routing arrangements for
construction traffic. A similar condition could be attached in the event of planning permission
being renewed. 
4. The dirt, mess, noise and disruption to local residents would be excessive. The
privacy to homes neighbouring the field involved would be reduced. The views from existing
homes would be removed. 
Response: Noted. As per above, a condition on the previous grant of planning permission
required the submission of a Construction Management Strategy Plan. Such a Plan would
need to address reduce potential adverse impacts on road safety and to minimise potential
disruption and congestion for road users, pedestrians and local residents. A similar
condition could be attached in the event of planning permission being renewed. Until
detailed proposals have been drawn up and submitted, impacts on privacy cannot be
assessed. Any views of the countryside from existing houses cannot be protected by the
planning system.   
5. The required archaeological survey is supported but it is not understood what is
meant by a 'phasing plan'. Does this mean that they will carry out an archaeological
assessment on part of the land, build and then go onto the next area of land? This would not
be acceptable if something was found in the next phase . Would this then be reported if it
meant the building works were to stop? A full survey is required before any building takes
place on the site. 
Response: In the event the site is to be developed as a result of a future application (or
applications), it is likely that this would take place on a phased basis (due to the size of the
site). The conditions of the planning permission in principle as previously granted required
the submission of a phasing plan in order to identify how the site would be developed over
time. Archaeological investigations would only take place before any ground disturbance
within any given phase, not across the entire site at one time. The proposed amendment to
condition 2 recognises this. 
6. Can the wording 'park and ride' be removed from the 1:2500 location plan? 
Response: The map submitted with the application is an extract from the published
Ordnance Survey plan for the area and its purpose is to identify the site location and
application boundaries only.  The text 'Park & Ride' on the Ordnance Survey plan is part of
the published map. For the avoidance of doubt, this text refers to the existing railway station
car park and does not represent a proposal to create a new park and ride facility. 
3. Analysis 
Section 42 of the Town and Country Planning (Scotland) Act 1997 is a mechanism which
allows for the submission of a planning application for the development of land without
complying with condition(s) subject to which a previous permission was granted. As noted
above, Section 42 of the Act stipulates that in this type of application the "planning authority
shall consider only the question of the conditions subject to which permission should be

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granted." The main determining issue in this case is whether the proposed conditions would
accord with the relevant LDP policies for the site. 
Strategic Policy 1, the spatial strategy of the adopted Local Development Plan (LDP), states
under the Towns and Villages Objective that "within the General Urban Area, proposals for
residential development will accord with the development plan in principle." Since its
allocation for residential development in 2014, when the previous LDP was adopted,
Blairland Farm has been included within the General Urban Area of Dalry. 
Policy 1 of the LDP states "in principle we will support and promote residential development
of the 51 effective housing supply sites shown in Schedules 2a and 2b."  Blairland Farm is
listed under Schedule 2b with an indicative capacity of 200 houses.
As such, the proposed development of Blairland Farm for housing accords with the spatial
strategy for Towns and Villages and Policy 1 of the LDP. 
Circular 4/1998 sets out the tests for planning conditions, as follows: 
- Need for a Condition 
- Relevance to Planning 
- Relevance to the Development to be Permitted 
- Ability to Enforce 
- Precision 
- Reasonableness 
As in the 2015, 2018 and 2021 planning permissions, the proposed conditions would
comply with all of the above tests.  Other than minor wording amendments, where
necessary, there are no substantive changes proposed to the conditions previously
attached to the 2021 planning permission. At the time of the permission in principle being
considered during 2015, there was no developer attached to the site.  As such, the
applicant's planning consultant recommended an approach whereby various additional
investigations and studies were undertaken in advance of the submission of an application
for matters specified in conditions.  The consultant had considered this to be good practice
in the circumstances, taking account of other similar projects elsewhere in Scotland. 
It is considered that this approach remains acceptable on the grounds that the intent of the
original conditions would be fulfilled.  The main benefit to the applicants would be to
consolidate the planning process in the lead up to the development. The opportunity has
been taken to review and update the conditions to current standards, where necessary. The
planning authority would continue to have the same opportunity to scrutinise all of the
details associated with the proposal, which is the key issue in this case. The wider
community would also have the same opportunity to make representations. 
The delivery of major housing sites identified in the adopted LDP remains a key priority for
the Council, particularly in relation to its strategic policies of stimulating population growth
and economic development as part of the regeneration of North Ayrshire. The proposal to
develop the site for housing purposes therefore accords with the development plan. 
With regard to NPF4, which was adopted in February 2023, it has been determined that the
Section 42 application does not raise any significant strategic planning issues which conflict
with the foregoing assessment.

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It is therefore recommended that planning permission is approved, subject to the conditions
set out below. If granted, the renewed planning permission in principle would be brought into
alignment with the updated legislation dating from 2022, which sets out, in Section 59, that
the standard time period for a planning permission in principle is 5 years. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision
The proposal complies with the relevant provisions of the development plan and there are
no other material considerations that indicate otherwise. This is determined following an
assessment which has had regard to the provisions of the development plan, so far as
material to the application, and to any other material considerations. 
Condition 
1. That, along with the first application for the approval of matters specified in conditions
(MSC), further intrusive site investigations shall be undertaken to establish the
location and condition of the recorded mine entries, the results of which shall inform
the layout of the detailed masterplan required by Condition 5 and any subsequent
remediation works which may be required. Confirmation shall be submitted in writing
to North Ayrshire Council as Planning Authority and certified by a suitably qualified
person that the required site investigations and any subsequent remedial works have
been undertaken. 
Reason 
To meet the requirements of The Coal Authority in the interests of ground stability. 
Condition 
2. That, along with the first application for the approval of matters specified in conditions
(MSC), a programme of archaeological works in accordance with a written scheme of
investigation, the results of which shall inform the layout of the detailed masterplan
required by Condition 5, shall be submitted for the approval of North Ayrshire Council
as Planning Authority. Thereafter, the developer shall ensure that the approved
programme of archaeological works is fully implemented (taking phasing into
account) and that all recording and recovery of archaeological resources within the
development site is undertaken to the satisfaction of North Ayrshire Council as
Planning Authority. 
Reason
To ensure an appropriate investigation is carried out for potential archaeological
remains below the ground. 
Condition 
3. That, along with the first application for the approval of matters specified in conditions
(MSC), a scheme to treat the surface water arising from the site in accordance with
the principles and practices contained in CIRIA's "Sustainable Urban Drainage
Systems Manual", (November 2015), the results of which shall inform the layout of
the detailed masterplan required by Condition 5, shall be submitted for the written
approval of North Ayrshire Council as Planning Authority. For the avoidance of doubt:

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- there shall be no drainage connections to the trunk road drainage system;
- all waste water arising from the development must be collected and diverted away
from operational railway land;
- all surface water arising from the development must be collected and discharged no
closer than 10 metres from operational railway land; and,
- the SuDS scheme shall not be sited within 10 metres of railway infrastructure. 
Thereafter, the scheme as may be approved shall be implemented during the course of
development (taking phasing into account) and maintained thereafter to the satisfaction of
North Ayrshire Council as Planning Authority. 
Reason
To ensure that an appropriate SuDS strategy is prepared and implemented in
accordance with up to date practice. 
Condition
4. That, along with the first application for the approval of matters specified in conditions
(MSC), a detailed flood risk assessment (FRA) which identifies the areas of the site
at risk of flooding, taking into account the impact of the development on flood risk
elsewhere, shall be submitted for the approval of North Ayrshire Council as Planning
Authority.  Thereafter, the FRA as may be approved shall inform the layout of the
detailed masterplan required by Condition 5. For the avoidance of any doubt, no built
development or infrastructure should be located within the 1 in 200 year functional
floodplain. 
Reason 
To safeguard the development and the surrounding area against the risk of flooding. 
Condition 
5. That, along with the first application for the approval of matters specified in conditions
(MSC), a development brief together with a masterplan for the site shall be submitted
for the approval of North Ayrshire Council as Planning Authority. The brief and
masterplan shall take into account the findings of the further intrusive site
investigations, archaeological investigations, the detailed SuDS scheme and flood
risk assessments required by conditions 1, 2, 3 and 4 respectively. 
The development brief and associated masterplan shall take into account the principles of
the Scottish Government's 'Designing Streets' and 'Designing Places' policy documents to
the satisfaction of North Ayrshire Council as Planning Authority. 
Thereafter, the details contained in the MSC application(s) shall accord with the
development brief and masterplan as may be approved, to the satisfaction of North Ayrshire
Council as Planning Authority. 
Reason
To secure a masterplan for the development in the interests of the proper planning of
the area.

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Condition
6. That application(s) for the approval of matters specified in conditions (MSC) shall
include a scheme of mitigation measures for the design and construction of the
houses to ensure that the noise levels at each plot shall not exceed the following: 
(a) Daytime external level, 50-55dB LAeq 16hrs (0700-2300); 
(b) Night time internal level, 30dB LAeq 8hrs (2300-0700); and 
(c) Night time internal level, 45dB LA Max (2300-0700). 
Thereafter, the development shall be implemented only in accordance with the approved
scheme of noise mitigation measures unless North Ayrshire Council as Planning Authority
gives written consent to any variation. 
Reason
To ensure that the houses are provided with an adequate level of protection against
road and railway noise. 
Condition
7. That, prior to the commencement of the development hereby approved, the
developer shall implement the recommendations contained within the "Preliminary
Geo-Environmental Risk Assessment including Coal Mining Risk Assessment
Report" dated March 2014 by Waterman (document reference
EED14275-100-R-1-2-1-JLD-PERA) and also the recommendations contained
within the "Preliminary Slag Analysis Report" by Waterman dated 7th July 2014
(document reference EED14275-100-C-001-SC-HW) in order to assess the
likelihood of any ground contamination present at the site. Remediation proposals
shall also be presented to North Ayrshire Council as Planning Authority in relation to
any significant findings. All documentation shall meet BS 10175:2011 and shall be
verified by a suitably qualified environmental consultant. Thereafter, the presence of
any significant unsuspected contamination which becomes evident during the
development of the site shall be reported to North Ayrshire Council and treated in
accordance with a remediation scheme to be agreed in writing with North Ayrshire
Council as Planning Authority. On completion of the proposed works, written
verification, detailing what was done by way of any remediation, shall also be
submitted to North Ayrshire Council as Planning Authority. 
Reason 
To ensure that any contamination is appropriately remediated. 
Condition
8. That prior to the commencement of the development hereby approved, the developer
shall submit a Construction Environmental Management Plan (CEMP) for the written
approval of North Ayrshire Council as Planning Authority, which shall include details
of routing arrangements for construction traffic. For the avoidance of doubt, the
CEMP shall be designed to reduce potential adverse impacts on road safety and to
minimise potential disruption and congestion for road users, pedestrians and local
residents. Thereafter, the development shall progress in accordance with the CEMP
as approved. 
Reason 
In the interests of amenity, traffic and pedestrian safety.

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Condition
9. That prior to the commencement of the development hereby approved, the developer
shall submit a Phasing Plan for the written approval of North Ayrshire Council as
Planning Authority to include all land within the application site, and the development
shall progress in accordance with the approved Phasing Plan. 
Reason 
In the interests of the proper planning of the development. 
Condition
10. That prior to the commencement of the development hereby approved, the developer
shall submit details of the lighting within the site for the written approval of North
Ayrshire Council as Planning Authority, after consultation with Transport Scotland. 
Reason 
To meet the requirements of Transport Scotland in the interests of trunk road safety. 
Condition
11. That prior to the commencement of the development hereby approved, the developer
shall submit details of the landscaping treatment along the boundary with the A737
Dalry bypass trunk road for the written approval of North Ayrshire Council as
Planning Authority, after consultation with Transport Scotland. 
Reason 
To meet the requirements of Transport Scotland in the interests of trunk road safety. 
Condition
12. That, prior to the occupation of any dwellings within the development, a
barrier/boundary feature of a type to be approved in writing by North Ayrshire Council
as Planning Authority in consultation with Transport Scotland shall be erected and
maintained along the proposed boundary of the site with the A737 Dalry Bypass
trunk road. In addition, the developer shall provide a suitable trespass proof fence
adjacent to Network Rail's boundary, which shall include provision for access to
facilitate future maintenance and renewal. 
Reason
To meet the requirements of Transport Scotland and Network Rail in the interests of
trunk road and railway safety. 
Condition
13. That the recommendations of the "Bat Survey Report" (ref. EED14275-100-R-2-2-1)
and "Preliminary Ecological Survey" (ref. EED14275-100_R_1_1_2_WE) by
Waterman shall be reviewed, updated and taken into account during the MSC stage
and implemented during the course of the development to the satisfaction of North
Ayrshire Council as Planning Authority. 
Reason 
In the interests of the ecology of the area and to safeguard protected species. 
Condition

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14. That the development shall initially be limited to a maximum of 25 house completions
per annum unless otherwise agreed in writing between the developer and North
Ayrshire Council as Planning Authority. Thereafter, at 2 yearly intervals following the
commencement of the development until its completion, a review of the build rate
shall be undertaken by the developer to consider new house completions, new house
sales and local primary school capacity. Each review shall propose the number of
houses that can be completed during the following 2 year period (at a rate of not less
than 25 units per annum), and shall be submitted for the consideration and written
approval of North Ayrshire Council as Planning Authority. 
Reason
To enable the development proceed on a phased basis in order to take into account
local primary school capacity. 
Allan Finlayson 
Chief Planning Officer           
For further information please contact Mr A Hume Planning Officer on 01294 324318.

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Appendix 1 – Location Plan           
DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of His Majesty’s Stationery
Office © Crown Copyright.  Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.
North Ayrshire Council Licence Number AC0000825715.