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2400315PP - Tigh An Droma Caravan Kings Cross Brodick Isle Of Arran North Ayrshire KA27 8RG

North Ayrshire Council · 19 June 2024
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NORTH AYRSHIRE COUNCIL 
Planning Committee 
Locality  Isle of Arran
Reference 24/00315/PP
Application Registered 19th April 2024
Decision Due 19th June 2024
Ward Arran 
Recommendation  Approved with no conditions 
__________________________________________________________________ 
Location  Tigh An Droma Caravan Kings Cross Brodick Isle Of
Arran North Ayrshire
KA27 8RG 
Applicant  Mrs Kirsty Lewis 
Proposal  Siting of static caravan
___________________________________________________________________ 
1. Description 
This can be ascertained by reference to the attached plans and photographs. 
This application seeks retrospective planning permission for the siting of a residential static
caravan on a field at Kings Cross.   
The caravan is of a standard rectangular static caravan type measuring approximately 8.5m
long by 3.7m wide by 3m high, is off-white in colour and has been sited c.19 metres
southwest of a previous caravan in the same field.  It has windows to three sides. 
It is sited approximately 2.5 metres from the southeast boundary of the field and 30 metres
from the field entrance at its northwest corner.  The southeast boundary is a common
boundary with a detached house, the Old Pottery, and is enclosed by a 1.8m high timber
fence and planting.  The other field boundaries are partially enclosed by shrub hedges and
mature trees. 
The field extends to some 1,120m2 and is otherwise undeveloped grassland other than
some paths and the areas around the current caravan and the previously sited caravan

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being laid to gravel.  On a site visit, a small boat was parked at the position of the former
caravan. 
The site is approximately 230m southwest of the main grouping of houses at Kings Cross.  It
is adjoined by two detached houses, The Old Pottery and Tigh An Droma to the southeast
and the nearest other houses are c.75m away across intervening trees and hedgerows.   
In terms of the adopted Local Development Plan ("the LDP"), the application site is within a
countryside area.  Strategic Policy 1: The Countryside Objective and Strategic Policy 2:
Placemaking are relevant to the consideration of the application. 
The background of the site is that a Certificate of Lawfulness for an Existing Use as a
domestic static caravan (17/00041/LUE) was issued by North Ayrshire Council in January
2017.  A Certificate of Lawful Use or Development (CLUD) can be issued under Sections
150 (existing) or 151 (proposed) of the Town and Country Planning (Scotland) Act, if
requested, to ascertain whether any operations, use of land or building or breach of a
planning condition is lawful. It is not equivalent in law to a grant of planning permission but
the purpose of a CLUD for an existing use is usually to confirm lawfulness so as to secure
immunity from enforcement action by the Planning Authority.  The legislation makes it clear
that the onus of proof rests with an applicant and the relevant test of such applications is
based on 'the balance of probability' rather than 'beyond reasonable doubt.' 
In the case of 17/00041/LUE, sufficient evidence was provided that the caravan had been in
use as a domestic caravan for more than ten years prior to the application date and the use
was therefore exempt from planning enforcement action and so was effectively lawful.  A
Certificate was thereafter issued to that effect. 
At some point thereafter the land was marketed for sale.  Preapplication planning advice
was given to several enquirers that a CLUD, as with most planning permissions, 'runs with
the land' and is not personal to a particular applicant or landowner.  Advice was therefore
given that the CLUD would continue to establish the lawfulness of the occupation of the
caravan at the site but that it would not establish the caravan as a dwellinghouse in terms of
Local Development Plan policies which might refer to replacement of a dwellinghouse. 
Advice was also given that it would continue to apply to a replacement caravan but would
not justify siting of further caravans.  Any future planning proposals would require to be
assessed against the Development Plan at the time, as required by the Town and Country
Planning (Scotland) Act. 
A complaint was received in October 2023 that a new caravan had been sited outwith the
site identified in 17/00041/LUE and that the new caravan was therefore unauthorised.  The
complaint was investigated and the site visited.  It was found that the approved plans in
17/00041/LUE were inconsistent in that they identified two red line site boundaries and
whilst the original caravan had been removed, the new caravan was still within the red line
boundary of one of the plans.  The complainant was advised that, as there was still only one
static caravan at the site and no other development or apparent change of use requiring
planning permission, that there was no obvious breach of planning control and it was not
expedient in the public interest to pursue planning enforcement action in terms of the 'new'
caravan.
The complainant thereafter escalated the complaint to Stage 2 of the Council's complaints
procedure, the conclusion of which procedure agreed that a planning application would be

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sought from the owners of the caravan and that, whilst relating to a type and scale of
development normally falling within the powers delegated to the Planning Manager, the
planning application would be put forward to be determined by the planning committee. 
Relevant Planning History 
17/00041/LUE for Certificate of Lawfulness for existing use as a domestic static caravan
Certificate Issued on 30.01.2017. 
Relevant Development Plan Policies 
SP1C - The Countryside Objective 
SP2 - Strategic Policy 2 
The LDP can be viewed at the link below. 
LDP November 2019 
NPF4 can be viewed at the link below 
National Planning Framework 4 
2. Consultations and Representations 
The statutory neighbour notification was carried out and the application was also advertised
in the local press (Arran Banner).  One objection was received, the points of which are
summarised as follows: 
OBJECTION: LACK OF DETAIL.  The application lacks the detail to permit effective
comment on the appropriateness of the proposal.  The plans do not identify the whole site or
provide a scale, show hard surfaces, proposed parking or private drainage. 
RESPONSE:  The proposal relates to an existing site and a caravan which has already
been sited and can be viewed in-situ.  It is considered that the form and content of the
application contains sufficient information to allow its determination as required by
Regulation 9 of the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013. 
OBJECTION 2: PROPOSAL DETAILS.  It is apparent that this is a retrospective application
for a new caravan on a new pitch, contrary to the application form which states that it is a
replacement caravan.  Therefore this application would potentially allow a new caravan in
addition to the already lawful one in 17/00041/LUE. 
RESPONSE:  The application description was amended to reflect the nature of the
proposal.  This point is considered further in the following Analysis.

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OBJECTION 3: LDP and precedent.  The proposal does not comply with the Countryside
Objective of the LDP and its proposal would therefore create an undesirable precedent,
making it difficult to reject similar proposals in future. 
RESPONSE:  The application s considered against the Development Plan and any other
material considerations as required by the Town and Country Planning (Scotland) Act in the
following Analysis.  No precedent would be set by this determination as the Planning Act
requires all proposals to be determined on their merits on the same terms. 
OBJECTION 4: The proposal does not comply with the Placemaking Policy of the LDP in
that it is in an elevated position on the site close to boundaries with other properties, and
trees on the site have been cleared increasing its visibility from Kings Cross and
Knockenkelly.  It does not respect the amenity of existing dwellings as the windows are
above fence level, leading to overlooking. 
RESPONSE:  The application is considered against the Development Plan and any other
material considerations as required by the Town and Country Planning (Scotland) Act in the
following Analysis.   
OBJECTION 5: The proposal does not comply with Policy 18: Forestry, Woodland and
Hedgerows.  A number of trees and hedgerows have been felled and there is no proposal to
replace these with compensatory planting. 
RESPONSE:  The application is considered against the Development Plan and any other
material considerations as required by the Town and Country Planning (Scotland) Act in the
following Analysis.  It is noted that there are no tree protection designations within the site
and no planning permission would therefore have been required for any treeworks within the
site. 
No consultations were required or undertaken. 
Publicity:- Arran Banner    
Reason for advertisement:- Regulation 20 (1) Advert  
Published on:-  03.05.2024 
Site Notices:-  No Site Notice 
3. Analysis 
The Town and Country Planning (Scotland) Act requires that planning applications be
determined with regard to the development plan and any other material considerations.  The
development plan comprises the North Ayrshire Local Development Plan, adopted in
November 2019, and National Planning Framework 4.

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The determining issue in this application is therefore whether the proposal accords with
Strategic Policy 1: the Countryside Objective and Strategic Policy 2: Placemaking in the
LDP and whether there are any other material considerations.  An assessment against the
relevant policies follows: 
The Countryside Objective recognises that countryside areas play an important role in
providing homes for rural communities.  Whilst Strategic Policy 1 supports new housing
where it is a replacement or converted building, it is noted that the proposal here is
specifically not to provide new housing but to continue the occupation of one caravan at the
site.   
In this regard, it is considered to be a material planning consideration that the site now being
considered and as outlined in red in the Location Plan is not divided or bounded any
differently, and continues to be accessed by the same single access track and is therefore
effectively the same site as that considered in the previous Certificate of Lawfulness
application 17/00041/LUE. 
While the application may not propose any new forms of development specifically
addressed in the Countryside Objective, in Planning terms it is considered to be effectively a
continuation of the existing use of the same site, although it is recognised that the site
boundary may have been poorly represented in the previously issued Certificate
17/00041/LUE.  However, that technicality should not obscure the material planning
consideration that this proposal would result in one caravan on the same site which has not
changed significantly since the status was regularized in 2017 and for at least years
previous to that. 
The proposal therefore accords with the overall aim of the Countryside Objective to protect
the countryside environment which would not be altered by this proposal.  It is noted that a
caravan is not a dwellinghouse and that it would not benefit from the Permitted
Development Rights available to houses to develop their curtilage.  The site would therefore
remain within planning control. 
All development proposals also require to accord with the principles of Placemaking
outlined in Strategic Policy 2 of which the most relevant to the particular nature of this
application is "Safe and Pleasant" which requires proposals to respect the amenity of other
users and properties in terms of noise, privacy, sunlight/daylight, smells, vibrations, glare,
traffic generation and parking and to sufficiently investigate issues of ground stability.   
In this regard, it is noted that the caravan is screened from the nearest residential properties
by an intervening timber fence, is now sited at a similar distance from the previously lawful
caravan and that there are no windows facing the neighbouring properties.  It is also at least
18 metres distant from the windows of any other property which is considered a reasonable
separation distance to avoid significant adverse effects on residential amenity. 
The quality 'distinctive' listed in the policy requires developments to draw on positive
characteristics of the surrounding area but in this case, the proposal is to replace a large
static caravan with a similar type of caravan at a similar distance from neighbouring
properties.  Whilst these types of caravans are not generally considered appropriate in
Planning terms outwith commercial caravan sites, it must be noted that a previous caravan
here had been confirmed to be lawful and is not considered that the proposed siting here
would significantly worsen the spatial relationship to neighbouring properties. The caravan

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itself is a newer, more modern example than the previous and the revised siting further
towards the neighbouring houses has resulted in a more appropriate, cohesive grouping
within the landscape, thereby reducing the visual prominence of the previous caravan. 
On balance, the proposal is therefore considered to accord with SP2. 
The application has also been assessed against the approved National Planning
Framework 4 and it has been determined that the proposals do not raise any significant
strategic planning issues which conflict with the foregoing assessment 
Given the above, the proposals therefore accord with the Development Plan.  The previous
Certificate of Lawfulness issued for the longstanding siting of a similar caravan within c.20
metres of the new siting is also considered to be a material consideration in favour of the
proposal given the similar effects on the wider landscape.  Any legal or matters relating to
provision of services are private matters and not within the control of the planning system
and there are no other material considerations not considered above. 
It is therefore recommended that planning permission be granted. 
4. Full Recommendation 
Approved with no conditions 
Allan Finlayson 
Chief Planning Officer           
For further information please contact Mr Neil McAteer Planning Officer on 01294 324316.

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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.