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Irvine, Heatherhouse Indus Est

North Ayrshire Council · 29 June 2022
Back to Planning Committee — 29 June 2022 and its agenda

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NORTH AYRSHIRE COUNCIL 
Planning Committee 
Locality  Irvine
Reference 22/00417/PP
Application Registered 7th June 2022
Decision Due 7th August 2022
Ward Irvine South 
Recommendation  Approve subject to conditions, that no substantive
objections are received after the 29th June 2022. 
__________________________________________________________________ 
Location  Site To North Of Albann Ltd Third Avenue
Heatherhouse Industrial Estate Irvine Ayrshire 
Applicant  Mr Daniel McKay 
Proposal  Section 42 application to remove condition 1 of
Planning Permission 14/00473/PP to remove control
over the beneficiary of Planning Permission
___________________________________________________________________ 
1. Description 
The application site contains a mobile snack van which is permanently sited on the roadside
at Third Avenue, Irvine, to the north of the Merck factory and to the south of the Tesco car
park. The character of the surrounding area is that of an industrial estate and retail park.   
The snack van, known as 'Dandan's Diner', was initially refused planning permission to be
sited at this location at a Planning Committee in November 2011 (11/00650/PP). The
reasons for refusal were on the grounds of road safety due to the siting of the van on the
public road. The applicant appealed this decision, and in May 2012, the Scottish
Government reporter allowed the appeal subject to the conditions that: 
1. This permission is personal to the applicant (Mr Daniel McKay),
2. The permission shall enure for a period of two years from the start of the operation, and
3. The mobile snack bar, and all materials, waste etc. associated with the business shall be
removed from the site at the end of the day.

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Following this, in 2014, the applicant applied for the siting of the snack van on a permanent
basis (14/00473/PP). This was granted at Planning committee in September 2014, subject
to the following conditions: 
1. That the planning permission hereby granted shall enure not for the benefit of the land to
which it relates but for the benefit of the applicant only, and
2. That the mobile snack bar, and all materials, waste etc. associated with the business shall
be removed from the site at the end of each day. 
In June 2022, the applicant applied under Section 42 of the Town and Country Planning
(Scotland) Act 1997, as amended, to modify Condition 1 of Planning Permission ref.
14/00473/PP to change the beneficiary of the Planning Permission from Mr Daniel McKay to
Mr John Brannigan.  Following Officer discussions with the applicant, it was agreed that
there is no longer any need for the Council to exercise control over the beneficiary of this
Planning Permission. This application is therefore to remove condition 1 of Planning
Permission ref. 14/00473/PP entirety. 
In the adopted North Ayrshire Local Development Plan (LDP) the site lies within a Business
and Industry allocation. The relevant policy of the LPD which this proposal shall be
assessed in terms of is Strategic Policy 2: Placemaking. 
Relevant Development Plan Policies 
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. 
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

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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. 
2. Consultations and Representations 
The statutory neighbour notification process was undertaken and there was no requirement
to advertise the application. The deadline for public comments is the 29th June 2022. No
comments have been received to date. No consultations were required out as part of this
application. 
3. Analysis 
Strategic Policy 2 states that all applications for planning permission should meet the
qualities of successful places. The reason for the personal condition attached to the original
planning permission granted by the Reporter, who was appointed by Scottish Ministers to
determine an appeal in 2012 following refusal by the Council's Planning Committee, was to
avoid the possibility of other traders trying to use the permission during an initial trial period
of two years. When the applicant applied to make the siting of the snack van permanent in
2014, this condition was reworded, but was essentially re-applied.

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Given that the reason that the permission was initially made personal was in recognition of
the temporary trial nature of the original permission and given that permission was granted
for the permanent siting of a snack van on this site in September 2014, it is not considered
necessary for the Council to continue to exercise control over the beneficiary of the planning
permission for the snack van. It is therefore considered acceptable that condition 1 of
planning permission ref. 14/00473/PP be removed in its entirety, and that the permission for
the snack van should relate to the land that it is sited on. The only remaining condition that
would be reapplied relates to the removal of the snack bar and waste from the site at the end
of each day. Subject to this condition, the proposal would meet the qualities of successful
places and would accord with Strategic Policy 2: Placemaking. 
There are no other material considerations. Given that the proposal is in accordance with
the relevant policies of the LDP, it is considered that planning permission can be granted. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. That the mobile snack bar, and all materials, waste etc. associated with the business
shall be removed from the site at the end of each day. 
Reason 
In order to keep the site tidy. In the interest of amenity. 
James Miller 
Chief Planning Officer           
For further information please contact Mr John Mack on 01294 324794.

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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.