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Agenda Document Pack - Planning Committee - 29/06/2022

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

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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE         
Planning Committee 
A Special Meeting of the Planning Committee of North Ayrshire Council will be held
in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE
on Wednesday, 29 June 2022 at 14:00 to consider the undernoted business. 
1 Declarations of Interest
Members are requested to give notice of any declarations of interest in
respect of items of business on the Agenda. 
2 22/00133/PPPM  Former Coal Terminal Hunterston West Kilbride
Planning permission in principle for the erection of a high voltage cable
manufacturing facility, including detailed planning permission for the
construction of a 185m high extrusion tower with associated factories,
research and testing laboratories, offices with associated stores,
transport, access, parking and landscaping with on-site generation and
electrical infrastructure and cable delivery system 
3 22/00417/PP  Site To North Of Albann Ltd, Third Avenue,
Heatherhouse Industrial Estate, Irvine
Section 42 application to remove condition 1 of Planning Permission
14/00473/PP to remove control over the beneficiary of Planning
Permission 
4 22/00325/PP  Units 1-5 Shewalton Sand Quarry Shewalton Road,
Riverside Business Park, Irvine
Application under Section 42 to modify condition 5 of planning permission
10/00228/PP to allow the acceptance of general waste and glass (for
waste transfer only), to increase the total quantity of waste permitted on
site at any one time from 600 tonnes to 2000 tonnes and to increase
operational hours to include Sundays from 08:00 - 16:00 hours
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 
5 Notice under Section 179 of the Town and Country Planning
(Scotland) Act 1997: former Seafield School, Eglinton Road,
Ardrossan
To seek approval to serve a Notice under Section 179 of the
Town and Country Planning (Scotland) Act 1997 requiring
proposed maintenance of the land for the abatement of the
adverse impact on the local area. 
6 Urgent Items
Any other items which the Chair considers to be urgent.  
Webcasting
Please note: this meeting may be filmed for live and subsequent broadcast
via the Council’s internet site. At the start of the meeting, the Chair will
confirm if all or part of the meeting is being live-streamed/webcast.  
You should be aware that the Council is a Data Controller under the Data
Protection Act 2018.  Data collected during the live-stream/webcast will be
retained in accordance with the Council’s published policy, including, but
not limited to, for the purpose of keeping historical records and making
those records available via the Council’s internet site.   
Generally, the press and public seating areas will not be filmed. However,
by entering the Council Chambers and using the press or public seating
area, you are consenting to being filmed and consenting to the use and
storage of those images and sound recordings and any information
pertaining to you contained in them for webcasting or training purposes
and for the purpose of keeping historical records and making those records
available to the public. If you do not wish to participate in a recording, you
should leave the meeting at this point.  This will constitute your revocation
of consent.   
If you have any queries regarding this and, in particular, if you believe that
use and/or storage of any particular information would cause, or be likely
to cause, substantial damage or distress to any individual, please contact
dataprotectionofficer@north-ayrshire.gov.uk. 
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
Planning Committee Sederunt 
Robert Foster (Chair)
Timothy Billings (Vice-Chair)
Scott Davidson
Stewart Ferguson
Cameron Inglis
Amanda Kerr
Davina McTiernan
Jim Montgomerie
Ian Murdoch
Chloe Robertson 
Chair: 
Apologies: 
Attending: 
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NORTH AYRSHIRE COUNCIL 
29th June 2022                                                                                                                                                            
Planning Committee 
Locality  North Coast and Cumbraes
Reference 22/00133/PPPM
Application Registered 25th February 2022
Decision Due 25th June 2022
Ward North Coast 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Former Coal Terminal Hunterston West Kilbride
Ayrshire  
Applicant  XLCC Fao Mr David Kelly 
Proposal  Planning permission in principle for the erection of a
high voltage cable manufacturing facility, including
detailed planning permission for the construction of a
185m high extrusion tower with associated factories,
research and testing laboratories, offices with
associated stores, transport, access, parking and
landscaping with on-site generation and electrical
infrastructure and cable delivery system
___________________________________________________________________ 
1. Description 
Planning permission in principle is sought for the erection of a high voltage cable
manufacturing facility, with associated factories, research and testing laboratories, offices
with associated stores, transport, access, parking and landscaping with on-site generation
and electrical infrastructure and cable delivery system. Detailed planning permission is
sought for the construction of a 185m high extrusion tower. 
The site is some 51ha in area, including existing access roads and jetty. The site is a former
coal yard, which has been vacant since 2016. The development would make use of an
existing access and the existing jetty and port. The site is identified in the Local
Development Plan (LDP) as part of the Hunterston Strategic Development Area and
suitable for business and industrial development. The Southannan Sands Site of Special
Scientific Interest ("the SSSI") is some 85m to the west. The Hunterston House Tree
Preservation Order ("the TPO") runs along the eastern boundary of the site. 
Agenda Item 2
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A masterplan has been submitted which indicates that the main factory buildings, including
the tower, would be sited in the southernmost portion of the site comprising some 30ha in
area. The tower would be some 1450sqm in area. It would be sited some 440m north of the
southern boundary of the site and 75m west of the eastern boundary of the site. The tower
would be some 185m in height. It would be 25m wide, west to east, and 58m in length, north
to south. It would be approx. 1km south of the settlement of Fairlie, as identified by the LDP. 
The application falls within the category of "major" development, in terms of The Town and
Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. A
pre-application consultation (PAC) was required, and a PAC notice was received on 9th July
2021 (ref: 21/00702/PREAPM). 
The proposal was scoped in accordance with the Town and Country Planning
(Environmental Impact Assessment) (Scotland) Regulations 2017 on 17th December 2021
(ref: 21/01094/EIA). 
An EIA has been submitted and includes consideration of the following: 
Alternative Sites and Design 
The EIA states that it is anticipated there will be demand for two such facilities within the UK.
A significant area of land is required for such a site, adjacent to a deep-water access for the
cable laying vessels. The site must be near to a c.40MW power source. Road and rail
access and proximity to a highly skilled workforce are also important factors. As such there
are a very small number of sites in the UK which meet these needs, Hunterston being one. 
This site provides opportunity to access the existing port for cable export. It is considered
the site has good connectivity through other means including active travel. The site allows
for a layout to optimise production. The existing woodland could be retained to provide
visual screening. The site also has the opportunity for the creation of a suitable drainage
network. Constraints of the site are identified as the existing common road and railway
tracks, other commercial interest in adjoining plots and the lack of infrastructure for the
appro. 900 FTE jobs it is considered the development would provide. 
The size of the site has meant there has only been 3 iterations of the proposed layout. Only
the siting of the tower would be determined through this application. 
Ecology and Nature Conservation 
The EIA assesses the habitats both within the site and designated sites in the wider area. In
terms of the site itself, the majority of the site was found to be bare ground and any habitats
identified were held to be of low conservation value. The habitats outwith the application site
were held to have some opportunities for protected species. However, other than a few otter
and badger footprints no evidence of usage of the site by protected species was found. The
site has low potential for foraging or habitation by protected species. 
Mitigation is proposed to minimise any impacts on habitats and protected species. Any
exterior lighting scheme would minimise light spill and designed to be activated only when
required. Pre-construction checks would take place for protected species. Further surveys
would be undertaken if commencement of works was delayed. During construction a 50m
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buffer zone with water courses and ditches would be maintained where possible. Best
practice techniques would be employed and Ecological Clerk of Works employees to
oversee works. It is considered the proposal would have no significant impact on habitats,
the SSSI or protected species. 
Historic Environment 
The effect on historic environment assets has been assessed. The assets assessed include
Listed Buildings at Hunterston Castle and Hunterston House, the Listed Building and
Scheduled Monuments at Old Lighthouse, Little Cumbrae and Fairlie Castle, the Scheduled
Monument at Little Cumbrae Castle, the Kelburn Castle Designed Landscape and Millport
Conservation Area ("the CA"). 
It is concluded that there would be no significant effect on any of the assets except for the
CA, because the tower would be visible in locations throughout the CA, and the sea front in
particular. It is considered that the impact on the CA will be moderate. 
Landscape and Visual Effects 
The EIA assesses the local landscape and visual impact of the proposal. It finds that the
impact on the immediate landscape would be moderate adverse during the day. It would
have a significant major adverse effect on the seascape in the short term. The effect on the
North Arran and Watershead Moor Wild Land Areas is found to be negligible to moderate
and not significant, as is the effect on the North Arran National Scenic Area, Kyles of Bute
National Scenic Area and Loch Lomond National Park. There would be a moderate impact
on the Clyde Muirshiel Special Landscape Area, but this would not be significant. 
In terms of residential viewpoints, it is considered occupiers of Glenside and Southannan
Mains would experience major adverse impact in the short term. Other nearby residences
would experience less of an impact due to screening and orientation. From Fairlie the
construction of the tower would result in a moderate adverse impact temporarily which is not
considered to be significant. It is considered to be same at points in Millport and Largs. 
Users of the Ayrshire Coastal Path would experience a minor to moderate impact
depending on the location. Other recreational routes on Arran and Bute would experience a
negligible to minor impact. Views for travellers on the road, and rail would experience a
negligible to minor impact. Sea based travellers would experience a major adverse impact,
at close to medium distance, during the day. The impact on views from the Largs to
Cumbrae ferry is considered to be moderate and not significant. 
Hydrology and Flood Risk 
The report states that with appropriate embedded mitigation measures the construction of
the development would have a minor adverse impact on water quality. The proposal would
not result in a loss of floodplain storage or alter fluvial flow paths. Mitigation measures can
reduce the risk of groundwater flooding. The proposal would not result in an increase of
surface water runoff. 
Hydrogeology, Geology and Ground Conditions 
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The report states that the development should have no significant impacts in terms of
contamination. Mitigation measures would be undertaken to prevent additional sediment
from the site entering the SSSI and other water courses. Further investigation and
remediation where required could be controlled through the planning process. 
Traffic and Transport 
This assessment concludes that once operational there would be long-term adverse effects
in terms of traffic, simply by virtue of increased vehicle movements. On the A78 this would
be negligible. Conditions such as traffic delay and pedestrian amenity would not change.
During construction, roads specifically identified as unsuitable for construction traffic would
not be used. 
Noise and Vibration 
The EIA considered noise from both the construction and operational phases. It is
concluded that any noise/vibration from construction could be mitigated by adopting best
practice as set out in British Standards. Such measures would be implemented through a
Code of Construction Practice (CoCP), which would include notification to those nearby,
who may be affected; construction hours of 7am to 7pm Monday to Friday, 8am to 1pm
Saturday and not at all on Sundays or Bank Holidays; and siting works away from noise
sensitive receptors. 
During operation of the development, it is considered that a reasonable acoustic
environment is attainable at the nearest noise sensitive receptors. Most of the noise
generating plant would be within buildings. External plant could be fitted with silencers. With
suitable mitigation it is considered the noise from construction and operation would have
negligible to minor adverse impact. There is not considered to be any impact from vibration. 
Climate Change 
The potential impacts of the proposal on climate change were assessed. The greenhouse
gas emissions from the construction phase are predicted to be between some 107,400
tCO2e and 127,700 tCO2e. It is considered that this could be mitigated through the detailed
design phases, and procurement and supply chain practices. 
The operational phase of the development is considered to have greenhouse gas emissions
of approx. 53,200 tC02e. The majority of this is from electricity consumption. This amounts
to a approx. 0.0137% of the UK annual carbon budget to 2027. An assessment of the
Tyndall Centre for Climate Change Research (2022) suggests this would be about 15% of
North Ayrshire's carbon budget. This proportion of North Ayrshire's budget should be seen
in the context of a lack of manufacturing industry employment opportunities. This would
provide approx. 900 full time equivalent jobs. The proposal is also considered to be in line
with the Scottish Government's key principle of supporting the change to a low carbon
economy as it will manufacture transmission cable to facilitate increased deployment of
renewable and low carbon energy generation. 
Air Quality 
The potential impacts of air quality were assessed. During construction, the main impact
was considered to be dust. No odour, gaseous or particulate emissions would be emitted
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during operational phase and the impact on air quality would be negligible.  A Dust
Management Plan could be developed and implemented to control emissions during
construction. This could include site management, monitoring, and maintenance. Subject to
such mitigation if is considered the risk from construction dust in terms of air quality would
be negligible. 
Social and Economic Impact Assessment 
This Assessment states that the proposal would have a minor beneficial short-term effect on
the economy of North Ayrshire during construction. It is assessed that the construction
period would create the equivalent of 70 jobs in North Ayrshire. The benefits of construction
are assessed as negligible for the wider Scottish and UK economies. 
For the operational phase of the development, it is assessed the benefit to North Ayrshire
would be major and long term. It is considered there would be a £60 million GVA and 1,010
job benefit impact for the area. The benefits during operation for Scotland and the UK are
assessed as £92 million GVA, 1,600 jobs and £183 million, 3,610 jobs respectively. These
benefits are considered to be negligible but are seen as long-term effects. 
The assessment considers the impact of the development on tourism. The assessment
considers the development will not impact directly on the features which make the tourism
destinations of Great Cumbrae, the Isle of Bute, Largs, Fairlie, Ardrossan and the Clyde
Muirshiel Regional Park attractive. It is considered the impact on those areas will be
negligible. 
Nearby walking routes, including the coastal path and walks within the Regional Park, and
marine receptors are assessed. It is considered that the impact on these areas would be
minor and not significant in terms of tourism. The landscape and visual impact are assessed
in the Landscape and Visual Effects section. Overall, it is considered there would be no
significant effect on tourism to the area. 
In addition to the EIA, the following documents have been submitted in support of the
application: 
PAC report 
The PAC report notes the publicity measures undertaken and the public events held. An
online public exhibition was held from 23rd August to 3rd September 2021 with a live web
chat on 25th August 2021. The procedure was carried out in accordance the Town and
Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland)
Regulations 2020. 
The online exhibitions received 266 unique visits. 11 comments were received. Comments
ranged from questions regarding building height, job creation, funding of the development,
the developer's background, noise as well as expressions of support. 
The applicant held public meetings in the week beginning 9th May 2022. These meetings
were not a requirement of the PAC process or this application process. 
Transport Assessment 
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This assesses the existing transport infrastructure. It concludes that the existing active
travel network offers a means of securing improved access by foot and bicycle from the
local catchment subject to minor upgrading of infrastructure. The introduction of bus stops
would encourage the use of sustainable transport among employees. The existing vehicle
access is capable of accommodating increased traffic flows. Restrictions on movements of
HGVs can be implemented through a Construction Management Plan (CMP) and Travel
Plan. 
Planning Statement 
The planning statement describes the proposed development, summarises the planning
background, and policy context. 
The Town and Country Planning (Scotland) Act 1997 states that when determining planning
applications regard shall have to the provisions of the development plan, so far as material
to the application, and to any other material considerations. 
The relevant policies of the Local Development Plan adopted November 2019 (LDP) are
Strategic Policy 1: The Coast Objective; Strategic Policy 2: Placemaking; Strategic Policy 3:
Hunterston Strategic Development Area; Policy 7: Business and Industry Employment
Locations; Policy 15: Landscape and Seascape; Policy 16: Protection of our Designated
Sites; Policy 17: Clyde Muirshiel Regional Park ("CMRP"); Policy 23: Flood Risk
Management; Policy 27: Sustainable Transport and Active Travel; Policy 29: Energy
Infrastructure Development; and Policy 31: Future Proofing for Heat Networks. 
The Hunterston Development Framework was approved by the Planning Committee on 1st
December 2021. 
The Scottish Government's National Planning Framework 4 (NPPF4) is currently in draft.
The consultation period on the draft NPF4 ended 31st March 2022. Hunterston is identified
in the draft NPPF4 as a National Development. Certain development at Hunterston, which
would otherwise have been of a scale or type that is classified as 'major,' would be
designated as a national development should NPPF4 be adopted in its current form. The
classes of development proposed are those which support the redevelopment and reuse of
existing strategic assets and land, contributing to a net zero economy. They include
infrastructure to support a multi-modal deep-water harbour; land and buildings for industrial,
commercial, research and development, and training uses; and infrastructure for the
generation and storage of electricity from renewables of or exceeding 50 megawatts. 
Relevant Development Plan Policies 
Strategic Policy 1
Spatial Strategy 
Our spatial strategy is based on the principle that we want to direct the right development to
the right place. This means we want to direct most development to our towns, villages and
developed coastline where we have infrastructure capacity to support new development,
where there is access to existing services and where we have opportunities to re-use and
redevelop brownfield land.
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We recognise that for island and rural communities we have to be more flexible to ensure
they can grow and thrive too so we have set out a distinct approach for them which
continues to promote a sustainable pattern of development but that also empowers our rural
economy and communities to develop while protecting our countryside areas as a valuable
natural asset. We have indicated what this means on our Spatial Strategy Map and in the
mini maps included throughout this Local Development Plan.
Strategic Policy 1 includes objectives and policies for how development can enhance and
protect our Towns and Villages, our Countryside and our Coast. 
We will assess development proposals against the principles set out in the spatial strategy.
All development proposals must also comply with Policy 2: Placemaking and any relevant
policies of this Plan. We will resist development outwith the boundaries of towns and
villages, except where the development would positively contribute to the vision or priorities
identified in the spatial strategy or where detailed policies of the LDP provide support.
We will refer to Scottish Planning Policy's presumption in favour of development that
contributes to sustainable development in considering proposals that are not supported by
the spatial strategy. 
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
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.
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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. 
SP3 Strategic Development Area 1: Hunt
Strategic Development Area 1: Hunterston 
Hunterston
We recognise the strategic national importance of Hunterston as an energy hub and
deep-water port. We strongly support the inclusion of Hunterston in the National Planning
Framework 4. In particular we will support the following uses: 
Hunterston Deep Water Port
o Renewables generation, manufacture, maintenance, research and development,
testing and training (including support for a renewables skills academy)
o Strategic grid connections recognising its importance as a landfall to support the
offshore renewable energy sector
o Maritime construction and decommissioning (including oil and gas structures)
o Bulk handling facilities for importing, processing and distributing all dry and bulk
liquid cargoes
o Local scale Bio-mass energy generation developments as per Town and Country
Planning (Hierarchy of Developments) (Scotland) Regulations 2009
o Other storage, processing and distribution uses and general light industrial activities
where they would not undermine the strategic importance of, and unique assets of
Hunterston as a deep-water port.
Hunterston Nuclear
o Appropriate development to support the operational life of the existing facility
o Nuclear decommissioning and radioactive waste management from within the site
o Other facilities for large and small scale power generation
Energy Sector & Nuclear Facilities
Hunterston provides a unique combination of energy generation, infrastructure and network
accessibility.
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The decommissioning of Hunterston A is ongoing and will be followed at some point after
2023 by the
decommissioning of Hunterston B. We want to support the retention of the high value jobs in
the energy industry at Hunterston.
Hunterston is an area where co-ordinated action and a masterplanned approach is required.
We would expect all development to take account of the special environmental and safety
constraints of Hunterston including detailed transport studies to identify options for
enhancing port/rail/road accessibility, and management of impact of uses on nearby
communities and the natural and built heritage assets in the area. 
Detailed Policy 7-B&I Employment Location
Policy 7: 
Business and Industry Employment Locations       
We will, in principle support and promote the development of the locations listed in schedule
5 for business and industry uses. In these locations other employment generating uses may
also be supported providing they would not undermine the marketability of the area for
business and industry uses. The following are some examples of other employment
generating uses that we will consider:
o General leisure and commercial leisure uses, where there is no sequentially
preferable location within town and edge of town centres or commercial centres
o Waste recycling and power generation (including renewables)
o Non-industrial uses that provide services and amenities for employees in business
locations, and that do not undermine the town centre strategy in the LDP (for example
nurseries), or the wider function of the industrial areas
o A range of other businesses that have difficulties in finding appropriate locations
For other employment generating uses, including outwith identified employment locations,
we will consider the resultant employment density of the proposed development, the impact
on the vitality and viability of the area's town centre network, in accordance with Policy 3
Town Centres and Retail, the effect on local transport infrastructure and potential
environmental impact.
We will seek to ensure that infrastructure provision at employment locations is exemplary
and will support development which includes superfast broadband provision, heat network
connection (or future-readiness), and low carbon technology integration (such as car
charging points).
We will monitor the location, size, planning status, existing use, neighbouring land uses and
any significant land use issues (e.g., underused, vacant, derelict) within the business land
supply.
We will use the appropriate employment densities guide published by the U.K Government
to consider potential employment generating uses. 
Detailed Policy 15-Landscape & Seascape
Policy 15: 
Landscape and Seascape 
We will support development that protects and/or enhances our landscape/seascape
character, avoiding unacceptable adverse impacts on our designated and non-designated
landscape areas and features. In particular, we will consider the following: 
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a) National Scenic Areas
Development that affects the North Arran National Scenic Area including the need to protect
existing sport and recreation interests, will only be supported where:
i) the objectives of the designation and the overall integrity of the area will not be
compromised; or
ii) any significant adverse effects on the qualities for which the area has been
designated are clearly outweighed by social, environmental or economic benefits of national
importance. 
b) Special Landscape Areas
We will only support development which affects Special Landscape Areas where it would
not have an unacceptable impact on their special character, qualities and setting. 
c) Wild Land
We will only support development within Wild Land areas where any significant effects on
the qualities of these areas can be substantially overcome by siting, design or other
mitigation. 
d) Local Landscape Features
Where appropriate, development should take into consideration its individual and
cumulative impacts on landscape features, including:
i) patterns of woodlands, fields, hedgerows and trees;
ii) lochs, ponds, watercourses, wetlands, the coast and wider seascape;
iii) settlement setting, including approaches to settlements;
iv) the setting of green network corridors, such as important transport routes and the
cycle and footpath network;
v) historic, natural and recreational features of interest, skylines and hill features,
including important views to, from and within them. 
For all development with the potential to have an impact on either Landscape Character or
Landscape features (including their setting), appropriate mitigation measures should be
considered as part of any planning application. Where there is potential for development to
result in significant adverse landscape/visual impact, a landscape and visual impact
assessment (LVIA) will be required. The Ayrshire Landscape Character Assessment (SNH,
1998) and North Ayrshire Settlement Development Strategy (Entec, 2008) provide further
information on designations such as Local Landscape Character Areas and the Potential
Limit of Development Expansion areas as shown on the map on page 81 and on our online
proposals map. These landscape assessment documents, and any new or updated
landscape assessments, will be key considerations in determining whether development
proposals would be acceptable within the landscape. 
Detailed Policy 16- Protection of our Designated Sites
Policy 16: 
Protection of our Designated Sites 
We will support development which would not have an unacceptable adverse effect on our
valuable natural environment as defined by the following legislative and planning
designations; 
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a) Nature Conservation Sites of International Importance
Where an assessment is unable to conclude that a development will not adversely affect the
integrity of a site, development will only be permitted where there are no alternative
solutions; there are imperative reasons of overriding public interest; and suitable
compensatory measures are provided to ensure that the overall coherence of the Natura
Network is protected. 
b) Nature Conservation Sites of National Importance
Development affecting Sites of Special Scientific Interest will not be permitted unless it can
be demonstrated that the overall objectives of the designation and the overall integrity of the
designated area would not be compromised, or any adverse effects are clearly outweighed
by social, environmental or economic benefits of national importance.
c) Nature Conservation Sites of Local Importance
Development adversely affecting Local Nature Reserves or Local Nature Conservation
Sites will generally not be permitted unless it can be demonstrated the overall objectives of
the designation and the overall integrity of the designated area would not be compromised,
or any adverse effects are clearly outweighed by social, environmental or economic benefits
of local importance. 
d) Marine Protected Areas
Development likely to have an adverse effect on the protected features of South Arran MPA
will not be supported. Proposals are also required to consult with the Clyde Marine Planning
Partnership (CMPP). 
e) Biodiversity Action Plan Habitats and Species
Development adversely affecting priority habitats or species set out in the North Ayrshire
Local Biodiversity Action Plan will not be permitted unless it can be demonstrated the
impacts are clearly outweighed by social or economic benefits of local importance.
f) Protected Species
Development likely to have an unacceptable adverse effect on;
i) European Protected Species (see Schedules 2 & 4 of the Habitats Regulations 1994
(as amended) for definition); Birds, Animals and Plants listed on Schedules 1, 5 and 8
(respectively) of the Wildlife and Countryside Act 1981 (as amended); or badgers, will only
be permitted where the applicant can demonstrate that a species licence is likely to be
granted.
ii) The Scottish Biodiversity List (SBL) of animals, plants and habitats that Scottish
Ministers considered to be of principle importance for biodiversity conservation in Scotland. 
Detailed Policy 17 - CMRP
Policy 17: 
Clyde Muirshiel Regional Park           
Proposals that affect Clyde Muirshiel Regional Park must have regard to the Park's
statutory purpose of providing recreational access to the countryside.
Proposals should also take account of wider objectives as set out in relevant management
plans and strategies, namely to:
o Provide visitors of all ages and abilities the opportunity for quality recreation. Using
its unique assets, the Park will facilitate a high quality                 programme of leisure
activities which contribute to the health agenda
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o Ensure the Park is an increasingly popular and productive venue for formal and
informal education and outdoor learning. More people will              participate in learning
opportunities and will develop a better appreciation of the area's natural and cultural
heritage
o Ensure the Park is an attractive and ecologically important visitor destination with
increased biodiversity value. The Park embraces                 opportunities for positive
environmental change 
Detailed Policy 23-Flood Risk Management
Policy 23: 
Flood Risk Management 
We will support development that demonstrates accordance with the Flood Risk Framework
as defined in Scottish Planning Policy and shown in schedule 7, relevant flood risk
management strategies and local flood risk management plans. We will also support
schemes to manage flood risk, for instance through natural flood management, managed
coastal realignment, wetland or green infrastructure creation.
Generally, development should avoid locations of flood risk and should not lead to a
significant increase in the flood risk elsewhere. Land raising and elevated buildings will only
be supported in exceptional circumstances, where it is shown to have a neutral or better
impact on flood risk outside the raised area. 
Development proposals should:
o Clearly set out measures to protect against, and manage, flood risk.
o Include sustainable urban drainage systems (SuDS) where surface water is
proposed to be discharged to the water environment, in accordance with the Water
Environment (Controlled Activities) (Scotland) Regulations 2011 as amended.
o Include provision of temporary/construction phase SuDS.
o include appropriate long-term maintenance arrangements.
o Be supported by an appropriate flood risk assessment where at risk of flooding from
any source in medium to high risk areas and for developments in low to medium risk areas
identified in the risk framework (schedule 7).
o Take account of SEPA's flood risk and land use vulnerability guidance (2018) and
any relevant updates to, or replacements of this guidance.   
Detailed Policy 27
Sustainable Transport and Active Travel 
We will support development that:
contributes to an integrated transport network that supports long term sustainability
o reduces inequality by improving the accessibility and connectivity of employment
opportunities and local amenities
o provides safe and convenient sustainable transport options and supports modal shift
to sustainable transport and active travel.
o reduces the need to travel or appropriately mitigates adverse impacts of significant
traffic generation, road safety and air quality, including taking into account the cumulative
impact.
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o takes a design-led, collaborative approach to street design to provide safe and
convenient opportunities for integrated sustainable travel in the following order of priority:
pedestrians, people on cycles, people using collective transport (buses, trains etc.) and
people using private transport.
o considers the potential requirements of other infrastructure providers, including
designing for the potential development of district heat networks by for example
incorporating access points into the transport network to allow for future pipe development
or creating channels underneath the road/infrastructure to enable pipe development with
minimal disruption to the networks.
o enables the integration of transport modes and facilitates movement of freight by rail
or water (in preference to road). This would include, for example, the provision of
infrastructure necessary to support positive change in transport technologies, such as
charging points for electric vehicles and the safeguarding of disused railway lines with the
reasonable prospect of being used as rail, tram, bus rapid transit or active travel routes.
o considers the impact on, and seeks to reduce risk to level crossings, including those
located within Ardrossan, Stevenston and Gailes. 
Proposals are expected to include an indication of how new infrastructure or services are to
be delivered and phased, and how and by whom any developer contributions will be made. 
We will take account of:
o the implications of development proposals on traffic, patterns of travel and road
safety.
o Significant traffic generating uses should be sited at locations that are well served by
public transport, subject to parking restraint policies, and supported by measures to
promote the availability of high-quality public transport services. Where this is not
achievable, we may seek the provision of subsidised services until a sustainable service is
achievable.
o the potential vehicle speeds and level of infrastructure provided for the expected
numbers of trips by all modes.
o the relationship between land use and transport and particularly the capacity of the
existing transport network, environmental and operational constraints, and proposed or
committed transport projects.
o committed and proposed projects for the enhancement of North Ayrshire's transport
infrastructure, including improved park and ride provision.
o specific locational needs of rural communities. We recognise that in rural areas we
need to be realistic about the likely viability of public transport services and innovative
solutions such as demand-responsive public transport and small scale park and ride
facilities at nodes on rural bus corridors will be considered.
o The Council's adopted Local Transport Strategy, Core Paths Plan, Town Centre
Parking Strategy and parking requirements.
o The need to mitigate and adapt to climate change with regard to the Climate Change
(Scotland) Act 2009.
o The provision of new and improved links to existing and proposed active travel routes
which are integrated with the wider strategic network, including the National Walking and
Cycling Network, core paths and the Ayrshire Coastal Path.
Developments likely to generate significant additional journeys will be required to be
accompanied by a Transport Assessment, Air Quality Assessment and a Travel Plan. A
Transport Statement will be required for smaller scale developments that will not have a
major impact on the transport network, but are still likely to have an impact at a local level on
the immediate transport network.
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National Development: 
The National Walking and Cycling Network (NWCN) was designated as a national
development within the National Planning Framework (NPF3). This is an ambitious project
which aims to grow Scotland's
network of paths from 6,000 to 8,000 km by 2035. Key routes in North Ayrshire which will
contribute to this network are detailed below. These are being developed in partnership with
Sustrans and Scottish Natural Heritage as lead organisations for the delivery of the NWCN. 
These include the development of an off-road alignment for:
o National Cycle Network (NCN) Route 73 (North) between Brodick and Corrie on the
Isle of Arran
o NCN Route 753 between Skelmorlie and Ardrossan
o While not explicitly referenced in NPF3, support will be given to development of an
off-road alignment for NCN Route 7 between Kilwinning          and Kilbirnie. 
Detailed Policy 29 - Energy Infrastructure
Policy 29: 
Energy Infrastructure Development 
We will support development proposals for energy infrastructure development, including
wind, solar, tidal, cropping and other renewable sources, where they will contribute
positively to our transition to a low carbon economy and have no unacceptable adverse
environmental impacts, taking into consideration (including cumulatively) the following: 
Environmental
o Communities and individual dwellings - including visual impact, residential amenity,
noise and shadow flicker;
o Water quality;
o Landscape - including avoiding unacceptable adverse impacts on our landscape
designations;
o Effects on the natural heritage - including birds;
o Carbon rich soils including peat;
o Impacts on the historic environment - including scheduled monuments, listed
buildings and their settings. 
Community
o Establishing the use of the site for energy infrastructure development;
o providing a net economic impact - including socio-economic benefits such as
employment, associated business and supply chain opportunities;
o Scale of contribution to renewable energy generation targets;
o Public access - including impact on long distance walking and cycling routes and
scenic routes identified in the National Planning Framework;
o Impacts on tourism and recreation;
o Specific locational opportunities for energy storage/generation. 
Public Safety
o Greenhouse gas emissions;
o Aviation and defence interests and seismological recording;
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o Telecommunications and broadcasting installations - particularly ensuring that
transmission links are not compromised; radio telemetry interference and below ground
assets;
o Road traffic and adjacent trunk roads;
o Effects on hydrology, the water environment and flood risk including drinking water
quality and quantity (to both the public and private water supplies);
o Decommissioning of developments - including ancillary infrastructure, and site
restoration and aftercare. 
Proposals should include redundancy plans which will demonstrate how apparatus will be
timeously removed as reasonably soon as the approved scheme ceases operation. There
may be a requirement for financial bonds to ensure that decommissioning can be achieved.
Taking into consideration the above, proposals for wind turbine developments should
accord with the Spatial Framework (as mapped) and consider the current Landscape
Capacity Study for Wind Farm Development in North Ayrshire. This study will be used as a
point of reference for assessing all wind energy proposals including definitions of what small
to large scale entails. 
Buildings: Low and Zero Carbon Generating Technology 
Proposals for all new buildings will be required to demonstrate that at least 10% of the
current carbon emissions reduction set by Scottish Building Standards will be met through
the installation and operation of low and zero-carbon generating technologies. A statement
will be required to be submitted demonstrating compliance with this requirement. The
percentage will increase at the next review of the local development plan. 
This requirement will not apply to: 
1. Alterations and extensions to buildings 
2. Change of use or conversion of buildings 
3. Ancillary buildings that stand alone and cover an area less than 50 square metres 
4. Buildings which will not be heated or cooled, other than by heating provided solely for
frost protection. 
5. Buildings which have an intended life of less than two years. 
Detailed Policy 31 - Future Proofing for
Policy 31: 
Future Proofing for Heat Networks 
We will support proposals for the creation or enhancement of district heat networks in as
many locations as possible in North Ayrshire (even where they are initially reliant on
carbon-based fuels if there is potential to convert them to run on renewable or low carbon
sources of heat in the future).
We will seek to identify and safeguard existing and future heat network generation and
distribution infrastructure, including piperuns and pipework within, and to the curtilage of,
new developments. 
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Proposals for development that constitute a significant heat source or substantial
development* which would not result in the creation or enhancement of district heat
networks should include: 
i) provision for on-site heat recovery and re-use infrastructure; or
ii) a heat network generation and distribution infrastructure plan (a district heating plan),
taking into account the potential to connect to future heat demand sites; or
iii) demonstrable evidence that district heating or other forms of renewable generation
storage have been explored but are not feasible for technical (proximity, geography, safety
etc) or economic reasons. 
* 'Substantial' developments consist of urban extensions, large regeneration areas or large
development sites subject to master planning or large mixed use developments and major
sites (50 residential units and above). There is, however, an element of judgment that will
need to be applied here and it might be that some other locations offer significant potential
for heat networks due to their local context, support from the local authority, and 'buy in' from
developers. 
2. Consultations and Representations 
Neighbour notification was carried out and the application was advertised and in response
there have been 5 objections and 2 representations in support. Following the applicant
holding public meetings during the w/c 9th May, Fairlie Community Council provided 21
more objections from members of the public (see below). The objections can be
summarised as follows: 
1. Noise. Noise and vibration must be assessed. Noise from operation will disturb Fairlie
particularly as continuous operation is sought. Loading the cable onto ships should not be
allowed. Previous shipping at the dock, including cable ships, have impacted on residents.
An assessment of the noise from moving cable along the jetty and then onto ships should be
undertaken. The noise from construction will disturb residents. 
Response: NAC Environmental Health was consulted and has offered no objections. The
applicant has provided information that the operation of the factory and external plant, can
be carried out so as not to exceed the rated background noise level. This could be controlled
by condition and adherence to this condition would ensure no statutory noise nuisance even
with continuous operation. The port is a lawful existing use and the loading or unloading of
ships could be undertaken regardless of any permission for the rest of the site. Construction
could be controlled through a Construction Management Plan and Environmental Health
has powers to take action against statutory noise nuisance. 
2. Height and Visual Impact. The tower would dominate the landscape for miles around and
adversely affect the area. It is suggested a balloon be flown at the height of the building to
allow locals to understand the proposal. There are no comparable structures in the area. It is
not considered that the LVIA has assessed enough locations within Fairlie to properly
assess impact. The LVIA is considered to be deficient, and no determination should be
made until further viewpoints are assessed. The village would be overshadowed 
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Response: The visual impact is considered further below. The LVIA is considered sufficient
to assess the application. Given the position of the tower and distance to Fairlie, it is not
considered the village would be overshadowed. An assessment of shading is considered
more fully below. 
3. Flooding. There are issues with surface water and flooding at the site. Coastal erosion
could make the site further at risk. 
Response: The application site is not at risk of flooding except for small areas of potential
surface water flooding. NAC Flooding and SEPA both have no objection and details of
drainage to deal with surface water could be required by condition is permission is granted. 
4. Decommissioning. A bond should be required to ensure proper decommissioning should
the use cease. 
Response: Noted. A condition requiring details of finance for the removal of the tower
should it become obsolete could be added to any permission. 
5. Fire safety. It is questioned whether the Fire Service would be able to respond to a fire,
particularly with respect the height of the tower which will be one of the tallest in Scotland. 
Response: This is not a material planning consideration. The tower would have to meet the
requirements of the Building Regulations in terms of fire safety. 
6. Environment. The adjacent SSSI will be affected as will the Clyde Muirshiel Regional
Park. The operation of the site will adversely affect local wildlife. Air pollution will be caused
by the operation of the site. This will harm residents and wildlife. Light pollution will affect
villagers. The biodiversity of the site will be lost. The jetty should not be used as ship
movements will have an adverse impact on the environment. 
Response: NatureScot was consulted and is satisfied the SSSI will not be affected. The
impact on CMRP is considered to be minimal. No protected species or habitats have been
found in the site which is a former coal yard. A condition could be added to any permission
requiring further habit/species surveys as required. The jetty is part of an existing lawful port
and ship movements cannot be restricted by the Council, as Planning Authority. 
7. Traffic. No construction vehicles or other deliveries should be allowed through Fairlie.
Increased traffic due to the operation of the development would be detrimental to the village. 
Response: The relevant roads authorities have been consulted and their responses are
below. Construction traffic can be controlled through a plan required by condition of any
permission including avoidance of Fairlie. 
The representations of support can be summarised as follows: 
1. The area needs sustainable employment. The shutdown of the nuclear power stations
means a loss of high paid and high skilled jobs. This is a development which can aid low
carbon electricity. Regular use of the jetty will decrease the likelihood of ships with nowhere
else to go docking and causing disturbance. The wider benefits for the local area and whole
country outweigh any potential inconveniences. The proposal should not prevent further
development at the site. 
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2. The principle of the application should be warmly welcomed as part of a plan for the
continued economic development of the area, as well as for tackling the climate emergency.
Given the power station decommissioning, the need for a just transition and local job
creation has taken on a new urgency, and it is welcome that the proposals in this application
will support the renewable energy sector and have an overall positive impact on the fight
against climate change. The site has a long history of heavy industry. It is acknowledged
that the visual impact is not ideal in this location. However, there are many advantages in
revitalising an existing industrial site with appropriate infrastructure links such as this. 
3. Any development should not commence unless NatureScot is content regarding
mitigation of impact on the SSSI. There should be obligations for the remediation of the site.
The mitigation measures recommended in the climate section of the Environmental Impact
Assessment should also be accepted by the applicants. 
Response: The above support is noted. NatureScot was consulted and the response is
noted below. A condition could be imposed in respect of restoration of the tower if the
development ceases and other conditions could be imposed with respect to the permission
in principle being sought. 
EDF, as operator of the nearby Hunterston B Power Station, has made a representation.
EDF is supportive of the proposal provided it does not impact on the Hunterston B
operational use of the railway, jetty and approaches to the A78. Hunterston B is being
defueled and use of the transport network, including rail, is likely to increase. 
Any electricity supply cables from the substation to the south of Hunterston B should not
prejudice EDF's landholding and early engagement with EDF should be undertaken. The
Towns Water Main supply to Hunterston B should also not be impacted. EDF expect the
applicant to cooperate with any aspect of the day-to-day running of Hunterston B or its
safety. The applicant should ensure its proposal has measures to ensure the proper
emergency planning of the area. The use of the railhead by EDF should be actively
protected by any permission. 
Response: Noted. The applicant has been passed EDFs comments and advised to engage
directly. The railhead will remain extant, and any construction management plans could
address the needs of decommissioning Hunterston B. 
Consultations 
NatureScot (SNH) - The implementation of the mitigation measures detailed in the
application will mean there is no impact on the SSSI. This will also protect Priority Marine
Features. A Habitat Management Plan (HMP) should be developed for the site. Advice is
given as to what this should include. Low light splay LED lighting, triggered by motion
sensors can help reduce light pollution. 
A natural capital assessment is being undertaken on behalf of the landowners, NAC and NS
for the wider area, which is welcomed by NS and consider this will give opportunity to
enhance the SSSI. 
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From the North Arran National Scenic Area (NSA) the site is viewed in the context of
existing industrial and wind farm development. The proposed use of different cladding to
break up the solid mass would form a more prominent visual feature in this context. New
lighting would be noticeable. However, this would again be viewed in the context of lighting
for existing industrial and coastal settlements. Views towards the Arran NSA from the
mainland would be altered, mainly from the west facing slopes of the CMRP. Many of these
views are already gained in the context of the existing industry and post-industrial land of
the coastal edge. Overall, it is not considered the development would significantly affect the
special quality of the Arran NSA. 
The Kyles of Bute NSA has a special quality of ever-changing vistas. There will be limited
visibility throughout this NSA, and it would be seen at distances of 25-30km. However, it is
not considered it would significantly impact on the Kyles of Bute NSA. 
The development would be visible on the western fringes of the Clyde Muirshiel Regional
Park. Given relative proximity there would be significant localised adverse impacts from
those locations, whilst the majority of the CMRP would be unaffected. The development
would further increase cumulative human influence throughout the CMRP and lead to a
reduction in opportunities for quite enjoyment. Notwithstanding, the Waterhead
Moor-Muirshiel Wild Land Area (WLA), which sits within the CMRP, would not be
significantly affected. 
The North Arran WLA sits some 20km to the south-west. The development would be visible
from some of the high tops of the WLA. However, it is again considered its qualities would
not be significantly affected. 
It is not considered that the proposed aviation safeguarding lighting would be unduly
incongruous within the local contact, where it would be seen in combination with existing
lighting. It would not give rise to significant night-time impacts. 
It is considered difficult to mitigate a development of this scale. However, the measures set
out in Section 7. 1.182 of the EIAR are welcome. Green roofs should be explored as should
mitigation such as curvature of buildings to sharpen soft edges. Any new planting should be
robust and should consider drought tolerant native species. 
Several conditions are recommended for any permission including the appointment of an
Ecological Clerk of Works (ECoW) to review and formulate the CMP and Habitat and
Species Plan and oversee construction. The finalised drainage scheme and construction
methods should be part of the CMP and there should be a Code of Construction Practice
(CoCP) agreed with NAC and SEPA. No ground clearance should be undertaken during the
bird breeding season of March to August inclusive. If this is not possible then nesting
surveys should be undertaken. Pre-construction checks for protected species should also
be undertaken. With measures to protect mobile species be undertaken. It is recommended
that construction works should be carried out in daylight wherever possible. 
Response: Noted. The suggested conditions could be attached to any permission if
permission is granted. 
Transport Scotland - No objections. Any permission should be subject to a condition
requiring a Construction Traffic Management Plan to be agreed with the Council through
consultation with Transport Scotland.
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NAC Active Travel and Transportation (Roads) - No objections. It is known that there are
other proposals for Hunterston. Specific roads (C26 and local unclassified roads, the
B780/B781, and the A78 through Fairlie) are unsuitable for construction traffic. This should
be stipulated in any Construction Management Plan. Further details of active travel modes
and protection of users of the cycle network during construction should be provided.
Improvements to the footway/cycleway links between the site and Fairlie railway station
should be provided, including upgrading of the cycle crossing for the entrance of the site,
and provision of a cycle shelter at the main entrance. 
Response: The responses of the Roads Authorities are noted. A condition requiring a
Construction Management Plan with the requirements of both authorities could be attached
to any permission. 
NAC Flooding - No objections. The principle of the surface water flood risk mitigation, i.e.,
avoiding the risk area and installation of a surface water drainage system together with
ground reprofiling, is acceptable. Conditions for any permission are suggested, including
confirmation of any scheme being in accordance with the principles of SuDS, details of
ground levels and FFLs, and overland flows demonstrating that people and property would
not be put at risk during a storm event. 
Response: Noted. Conditions could be attached to any permission requiring such relevant
details to be submitted or considered through further applications. 
SEPA - No objections. Satisfied with the assessment on flood risk. The assessment has
informed the design of the site and development will be limited to land which is unlikely to be
at risk of fluvial or coastal flooding. A conceptual surface water drainage strategy has been
produced and the applicant should liaise with NAC on this matter. Discussions between
SEPA, Sottish Water and the applicant on the matter of foul drainage are ongoing. A
Construction Management Plan (CMP) should be submitted in order to mitigate risk of
pollution. There will be no engineering in the water environment and 8m easement between
development and the nearest burn. A Phase 2 site investigation is planned for the presence
of contamination. The planned mitigation measures and further site investigation will ensure
risk to groundwater is acceptable. 
Scottish Water - No objections. There is current sufficient capacity at the local water
treatment works. Advice is given on what any developer must do to meet Scottish Water's
requirements. The applicant is advised to engage with Scottish Water. 
Response: The lack of flood risk is noted as are the ongoing discussions between Scottish
Water, SEPA and the applicant over foul drainage. The other details required by SEPA
could be governed by conditions. 
Office for Nuclear Regulation (ONR) - The scale and location are such the ONR do not
advise against the application unless the emergency planners responsible for the
Hunterston B off-site emergency plan state the proposed development cannot be
accommodated within those plans. The applicant should liaise directly with the operators of
the nuclear power stations. 
Response: Noted. The applicant has been provided EDF's comments and advised to
contact them to discuss these issues. 
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NAC Environmental Health - No objections subject to conditions. Prior to development
commencing the applicant should implement the mitigation measures detailed in Chapter 9
(Hydrogeology, Geology and Ground Conditions) and Chapter 13 (Air Quality) of the EIA. 3.
The rated noise level, as defined in `BS4142:2014+A1:2019, from the operation of the
facility must not exceed the background noise level at the curtilage of any existing or
consented noise sensitive property at the time of application. The applicant has submitted a
noise impact assessment which demonstrates that this can be complied with. However, the
applicant must ensure the facility and all external plant is selected, designed and installed in
such a manner that takes into account the noise assumptions contained within the report. 
Response: Noted.  The suggested conditions could be added to any permission if granted. 
Argyll & Bute Council - No objection. The submitted LVIA has taken account of the Kyles
of Bute National Scenic Area and the West Island Way long distance footpath on Bute.
None of the levels of effect on these areas is considered significant. There is no significant
impact on the 5 specific viewpoints assessed in Argyll & Bute. It is requested that
Community Council's in Argyll & Bute be consulted. 
Response: Noted. The Argyll & Bute Community Councils were consulted. However, no
response was received. 
South Ayrshire Council and Loch Lomond & The Trossachs National Park were also
consulted but have not provided a response. 
NATS Safeguarding - The proposal does not conflict with their safeguarding criteria. 
Prestwick Airport - No objection. Given the height and position of the tower, there is a
requirement for omni-direction red warning lights to be fitted to the tower, because the area
is uses to route Search & Rescue helicopters to the north of the aerodrome on an
emergency response. Any cranes required during construction should be notified to
Prestwick Airport Air Traffic Control. 
Glasgow Airport - The development does not conflict with safeguarding criteria. Advice is
given on the use of cranes. 
Ministry of Defence (MOD) - No safeguarding concerns. The tower should be fitted with
aviation warning lighting in accordance with the Civil Aviation Authority Air Navigation Order
2016. Notification must be given of details including the precise location of the tower and
date of commencement so that mapping information can be updated. 
Response: The responses from the bodies concerned with aviation safety are noted. The
applicant has been made aware of the specific requirements of each body. Conditions could
be attached to any permission to ensure the necessary aviation lighting and notification of
the MOD. 
Historic Environment Scotland - No objections. The proposal does not raise any historic
environment issues in the national interest. 
Response: Noted. 
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Fairlie Community Council (FCC) - FCC do not consider that there have been serious
attempts to engage with local community. FCC has sought paper copies of the documents
from the applicant, but the request was rejected. A NAC report on the future of Hunterston
following the closure of Hunterston B has not been published. 
There is no guarantee that jobs can be guaranteed for local residents. The likelihood of
contracts for the cable appears uncertain to the FCC. There should be a bond to secure
restoration of the site. The public should be made aware of any public funding which would
be needed for the project. FCC do not consider the project to be financially viable. FCC do
not want any more public money spent on this part of Hunterston. 
The proposal is a serious threat to the amenity of Fairlie. There is no mention in the
application of fumes or toxic air and sea discharges. There is no mention of dangerous or
hazardous material to be used. How will a fire in the tower be dealt with? FCC considers
there will be a smell from the site despite the assurances of the applicant. Noise will impact
on the residents of Fairlie. 
The industrial tower will dominate the scenic area. FCC does not consider anything can be
done to mitigate this impact. Use of the existing jetty already causes noise disturbance. The
increased road traffic will be a danger to the roads. The A78 in Fairlie is too narrow. The
railway is single track and not considered much use. If used, diesel engines will cause noise
disturbance. FCC is concerned there is no information regarding onsite energy generation.
The water run-off from the site into the SSSI. The site is at risk of flooding. This is on the
closest part of the site to Fairlie. 
FCC extremely concerned that the site is to be developed but also have infrastructure on the
jetty to load ships. Loading of cable at this jetty in the past has caused noise disturbance.
The owners of the jetty consider they can do whatever they want at that site. Any
environmental benefits of the cable, in transferring electricity, will be offset by the carbon
footprint of constructing the development. 
Following a public meeting with the applicant in the week beginning 9th May 2022, FCC
provided more comments from members of the public. These comments include a further 21
objections from members of the public, on the grounds of viability, the proposal only
providing low-skilled jobs/jobs for those outwith the area, restoration, noise, visual impact,
including on tourism, impact on wildlife, flooding, pollution, safety and traffic. 
Response: NAC is not currently preparing a report on the future of Hunterston. However, the
report mentioned by FCC is a report by NAC Growth & Investment outlining the
socio-economic analysis of the impact of the decommissioning of Hunterston B. A final draft
has been provided to FCC. It should be noted that the report is not a material planning
consideration in the determination of this planning application. 
The application was subject to the statutory Pre-application Consultation by the applicant.
The steps taken by the applicant are sufficient to meet the requirements of the regulations. 
There are no toxic air or sea discharges proposed by the development. The effect on air
quality has been considered. The applicant has confirmed that no odours etc will be emitted
by the site when in operation. NAC Environmental Health has been consulted and has no
objections. Noise and other potential amenity impacts are considered further below. Fire
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safety would be a matter for the operator and the fire brigade. Access and transport are
considered further below. 
NatureScot has been consulted and has no objections. The visual impact is considered
further below. However, it is noted this is an allocated industrial site and large industrial
towers have a history in this part of the Clyde, including the 236m at the former Inverkip
power station. There are no works in the marine environment proposed and subject to
suitable mitigation the SSSI should not be adversely affected. 
The further public comments which FCC provided after 9th May repeat issues raised by
Community Councils or during the public consultation period and have been addressed
above. The proposal is likely to give rise to a wide range of job types including highly skilled.
The economic impact on the area is considered further below. 
The applicants have also provided a response to FCC's comments. In summary, they
reiterate their position that noise impact would be negligible and that conditions could be
imposed to mitigate any noise issues; they have gathered feedback on colour and material
for the tower at their meetings which were held w/b 9th May, this could be dealt with through
condition; they are also preparing further photos of the site from Fairlie as requested at the
meetings; there are no objections from SPEA in terms of flooding and issues of drainage
can be mitigated by conditions; they will be happy to provide a bond for decommissioning if
required by condition; all building will be built to comply with fire safety regulations; air
quality effects will not be significant and there would be no toxic discharges; traffic can be
dealt with through a management plan and they are looking at rail and sea as delivery
routes; there will be a wide range of jobs created, from unskilled to highly skilled, and they
intend to partner with local colleges; they consider the project to be a boost to the
renewables industry in Scotland, the facility will produce the most up-to-date cable and it is
projected to operate for at least 25 years. They consider that most of the issues raised can
be dealt with at the matters specified by conditions stage, as the majority of the site would
be receiving permission in principle only. 
West Kilbride Community Council (WKCC) - WKCC acknowledge that the site is a
Strategic Asset, and the principle of the proposed development is within the definition of
potential uses of the site. WKCC also acknowledges the economic benefits the proposal
could bring to the local economy. 
WKCC comment that there does not appear to have been significant investigation of ground
conditions. The 185m high tower should be disguised to blend in in both landward and
seaward views. There are concerns over increased traffic through West Kilbride. Materials
should be accessed by rail and sea. The A78 south of West Kilbride is at risk of closure due
to flooding. More information is required on the infrastructure benefits the development
would invest in. There is also no indication of the quantities of material required for the
construction. 
Largs Community Council (LCC) - LCC is concerned that there appears to be a lack of
awareness about the proposal in the area. LCC considers the tower will be a dominant
feature. It should be clad green/grey to match the surrounding landscape with top parts,
seen against the sky, to be light grey. There should be prohibition on heavy traffic through
Fairlie. 
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Light pollution should be minimised given the proposed 24hour operation. It is suggested
loading of ships only takes place during the day. The economic impacts are noted.
However, consideration should be given to negative impacts on tourism. The developer
should assess the courses on offer at local colleges, in order to ensure school leavers of the
near future can benefit from jobs and the employment opportunities can be filled locally. 
Cumbrae Community Council was also consulted but no comments have been received. 
Response: The concerns of the Community Councils are noted as is the acknowledgement
of the strategic importance of the site. The external finish of the tower could be governed by
condition so that it is recessive in order to mitigate visual impact. The Roads Authorities
have been consulted and have no objection in terms of traffic. A Construction Management
Plan could be required if permission is granted. Most of the development is sought in
principle only and further applications would be required for elements other than the tower.
The port is a lawful existing use and the Council, as Planning Authority, has no control over
its operations including loading of ships. 
3. Analysis
All planning application require to be assessed against the relevant polices of the North
Ayrshire Local Development Plan (LDP) adopted November 2019 and all other material
considerations. 
Although in draft NPF4 may also be considered to be a material consideration. The
re-purposing of the port as a strategic location for the port and energy sectors is supported
by NPF4. The NPF4 draft further states that new development in the area will need to work
within the capacity of the transport network, including active travel lines and be compatible
with the adjacent nuclear uses. Designated biodiversity sites will require protection and
enhancement where possible, and sustainable flood risk solutions will be required.
Investment in this area will support a wellbeing economy by opening up opportunities for
employment and training for local people. Whilst the NPF4 identification of Hunterston is a
broad allocation, it is considered that this allocation aligns with the Strategic policies of the
LDP and Strategic Policy 1 and Strategic Policy 3 in particular. 
Strategic Policy 1 of the LDP states that the Council wants to direct the right development to
the right place. The Coastal Objective states that a range of uses will be supported in
principle, including development that assists to develop and strengthen North Ayrshire's
coastal economy and marketability and provide jobs to North Ayrshire communities. 
Strategic Policy 3 of the LDP identified the site as part of the Hunterston Strategic
Development Area. It states that support will be given in principle to uses including
renewables generation, manufacture, maintenance research and development, testing, and
training; maritime construction and decommissioning; bulk handling facilities; and other
storage, processing, and distribution uses. The Council wants to support the retention of
high value jobs in the energy industry at Hunterston. Hunterston is an area where
co-ordinated action and a master planned approach is required. 
In terms of the co-ordination required by Strategic Policy 3, the Hunterston Development
Framework ("the Framework") was approved by the Planning Committee on the 1st of
December 2021. The Framework is a material consideration for any planning application in
the area covered by the Framework. The Framework identifies the application site as
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suitable for industrial development. It acknowledges the existing lawful port use and the
transport connections which the site offers. The application site is identified as an area for
buildings of varying height with potential for isolated taller process structures. 
The Framework states that proposals should undertake an assessment on the potential
sensitive receptor of Fairlie. Any proposal should minimise its impact in terms of noise, dust,
odour, and traffic. Noise should be considered through the planning application process.
The design and layout of any proposal should create a nice place to work. Visual impact
should be assessed through scale, massing, and siting as part of the planning process.
Proposals for drainage should align with the Council's requirements. Contaminated land
should be considered through planning applications. 
Policy 7 of the LDP states that support will be given in principle to development of sites
identified for business and industry. The site is part of an area identified for business and
industry. The proposal is for an industrial development which will develop the coastal
economy and provide jobs. The applicants advise that those jobs would include high value
jobs similar to the nuclear power plants. The industry will comprise of manufacture to
support energy sector, namely cables for transport of electricity. The proposal therefore
accords with Strategic Policy 1 and Policy 7 of the LDP as well as the principles of Strategic
Policy 3 and the draft NPF. The specific areas highlighted by the draft NPF4, and the
requirements of the Framework are assessed as part of the other LDP policies below. 
Strategic Policy 2 of the LDP sets out the six qualities of a successful place. The qualities
are 'distinctive' where a proposal draws on the positive characteristics of the surrounding
area and creates places with a sense of identity; 'safe and pleasant,' where a proposal
respects the amenity of existing and future users; 'resource efficient' where a proposal
maximises the efficient use of resources; 'welcoming,' where a proposal helps users find
their way around and creates safe places; 'adaptable,' where the future users of a site are
considered; and 'easy to move around and beyond,' where the development considers the
connectedness of a site. 
Visual 
Policy 15 of the LDP states that support will be given to development which protects and/or
enhances landscape/seascape character avoiding unacceptable adverse impacts on
designated and non-designated landscape areas. For development affecting a National
Scenic Area (NSA), this will only be supported where the objectives and overall integrity of
the NSA will not be compromised. For Special Landscape Areas, development will only be
supported where it would not have an unacceptable impact on their character, qualities and
setting. For Wild Land Areas, development will only be supported within such areas where
any significant effects can be overcome by mitigation. Development should also take
account of local landscape features including settlements, transport routes and natural
features of interest. 
Policy 17 of the LDP states that proposals that affect CMRP must have regard to the Park's
statutory purpose of providing recreational access to the countryside. 
Part of the proposal is for permission in principle for manufacturing facility, with associated
factories, research and testing laboratories, offices, stores etc. A masterplan has been
provided which suggests likely siting of such buildings and indicative heights of between
20m and 45m. The exact details of any such buildings are not yet known. However, they
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would be industrial in appearance and scale. The site is identified for industrial use and such
types of buildings would be acceptable in principle. The site is largely screened from the
nearby A78 by mature woodland, much of it protected by a Tree Preservation Order. The
exact details of such buildings could be governed by condition and determined through
subsequent detailed applications. Therefore, this part of the development is acceptable in
principle and the proposal accords with the 'adaptable' quality of Strategic Policy 2. 
Detailed planning permission is sought for the construction of a 185m high extrusion tower.
A Landscape and Visual Impact Assessment (LVIA) has been provided as part of the
application. The site is not itself within any special designated landscape. However, the
LVIA assess the impact of the tower on such areas. The LVIA finds any effect on the North
Arran and Watershead Moor Wild Land Areas would be negligible to moderate and not
significant. This is also the same for any effect on the North Arran National Scenic Area,
Kyles of Bute National Scenic Area and Loch Lomond National Park. There would be a
moderate impact on the CMRP and Special Landscape Area, but this would not be
significant. 
NS was consulted and did not object on visual impact grounds. NS considers that from the
North Arran NSA the site is viewed in the context of existing industrial and wind farm
development. Views of the North Arran NSA from the CMRP and Special Landscape Area
would be altered but those views are already taken in the context of the existing industry and
post-industrial land of the coastal edge. NS does not consider the North Arran NSA, or the
Kyles of Bute NSA would be significantly impacted. 
The development would be visible on the western fringes of the CMRP. Given relative
proximity there would be significant localised adverse impacts from those locations, whilst
the majority of the CMRP would be unaffected. The development would further increase
cumulative human influence throughout the CMRP and lead to a reduction in opportunities
for quiet enjoyment. Notwithstanding, the Waterhead Moor-Muirshiel Wild Land Area
(WLA), which sits within the CMRP, would not be significantly affected. 
NS's comments are noted, and it is agreed that there would be no significant impacts on
nationally important designated landscapes. Parts of the CMRP and Special Landscape
Area would be impacted by the intrusion of the tower. It is considered that the tower would
be viewed in an industrial context, although it would be significantly higher than existing
buildings and the others likely associated with this development. The CMRP is approx.
28000ha in area and the Special Landscape Area comprising some 16250ha. The tower
would be visible in the very western fringes of the CMRP and Special Landscape Area and
therefore any impact would be limited. Similarly, the tower and factory would be visible from
the Great Cumbrae Special Landscape Area. This view would be primarily from the eastern
side of the Island, where the view towards the development is already dominated by
development including the industrial developments at Hunterston. The purpose of the
CMRP for providing recreational access to the countryside would not be impacted by the
proposal. 
The tower would be visible from some parts of nearby settlements, mainly on Millport and in
Fairlie. From Millport the development would be highly visible from the town centre and
western end of the town, which includes part of Millport Conservation Area. Similar to the
Great Cumbrae Special Landscape Area, views towards the mainland from those areas are
already dominated by development and the industrial land of Hunterston. In this context, it is
not considered the setting of Millport Conservation Area would be significantly harmed by
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the proposed development. The visual impact when viewed from parts of Millport would be
adverse during construction but this will lessen over time following completion. 
The tower would be visible from most of the village of Fairlie. Objections have been made at
the inclusion of only one viewpoint from Fairlie. However, this viewpoint is considered
representative as the tower would be visible from all but a few areas near the burn, near the
primary school and at the northern end of the village. The majority of houses in Fairlie are
aligned to the coast, i.e., to the west. The proposed development sits to the south or
south-south-west of the village which would limit any visual impact. However, it is
considered the visual impact when viewed from most of Fairlie would also be adverse during
construction but, again, this impact would lessen over time following completion. There will
be a similar impact on parts of Largs to the north but at a greater distance. 
Individual residences outwith the settlements would also experience adverse visual impact.
Some of these would be within a few hundred metres of the tower but existing landscaping
and mature woodland would lessen these impacts. In order to lessen the long-term visual
impact a condition could be attached to any permission requiring the tower to be removed
should the site become disused. As the landowner would be ultimately responsible for any
conditions, details of financial considerations for removal could also be required by
condition. 
In summary it is not considered that there would be any significant impacts on any
designated landscapes or landscape characters. There would be impact upon landscape
features including settlements. There will notably be visual impact when viewed from Fairlie
and Millport. The initial impact of the tower is considered to be significant. It will be highly
visible and will have a major visual impact particularly during construction. However, it is
considered that the impact would lessen over time and the tower would mainly be viewed in
the context of the industrial landscape. It is noted, in context, that the former Inverkip Power
Station, which was some 16km to the north, and demolished in 2013, had a 236m high
chimney. The visual impact of the tower is considered the context of other material
considerations set out below. 
Subject to conditions, the proposal is considered to accord with the 'distinctive' and
'welcoming' qualities of Strategic Policy 2, Policy 15, and Policy 17 of the LDP. 
Natural Environment/Flooding/Drainage 
Policy 16 of the LDP states that support will be given to development which would not have
an unacceptable adverse effect on our natural environment. Development affecting Sites of
Special Scientific Interest will not be permitted unless it can be demonstrated that the overall
objectives of the site would not be compromised. 
Policy 23 of the LDP states that support will be given to development which is in accordance
with relevant flood risk strategies. Development should avoid locations of flood risk and
should not lead to a significant risk of flooding elsewhere. 
The site is adjacent to the Southannan Sands SSSI. This area was first notified as a SSSI in
1971 and re-notified in 2013 with a reduced area. The SSSI is notified for its intertidal
marine habitats and saline lagoons: sandflats. The sandflats extend for over 4km of coast,
divided into three areas by the Hunterston Construction Yard and the jetty of the former coal
terminal.  
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The site is not identified as being at risk of coastal or river flooding on SEPA's flood maps.
Parts of the site are at risk of surface water flooding. 
NS was consulted and has no objections in terms of the natural environment. NS states that
the mitigation measures detailed in the application would mean there is no impact on the
SSSI which would also protect the Priority Marine Features. A Habitat Management Plan
(HMP) should be developed for the site. SEPA was consulted and also has no objection to
the development. SEPA note that the development would be limited to land which is unlikely
to be at risk of fluvial or coastal flooding. A Construction Management Plan (CMP) should be
submitted in order to mitigate risk of pollution. NAC Flooding states that the principle of the
surface water flood risk mitigation is acceptable. 
The EIA has discovered no evidence of protected species within the site and as further
details would be required, a requirement for updated habitat surveys, as necessary, could
be added to any permission. Conditions could also be added to any permission to require a
CMP, including a Code of Construction Practice and appointment of an Ecological Clerk of
Works (ECoW) to oversee those elements. Details of drainage for the site could also be
secured by condition. 
Subject to appropriate conditions, it is considered that the proposal would not have an
unacceptable impact on the natural environment including the adjacent SSSI. The site is not
at risk of coastal or river flooding and drainage and surface water can be dealt with by
condition whilst not adversely impacting on the environment. The proposal therefore
accords with Policy 16 and Policy 23 of the LDP. 
Traffic/travel 
Policy 27 of the LDP states that development will be supported which provides safe and
convenient sustainable transport options; reduces the need to travel or appropriately
mitigates adverse impacts of significant traffic generation; enables the integration of
transport modes and facilitates movement of freight by rail or water. 
The EIA states that from the operation of the development there would be long-term
adverse effects in terms of traffic, simply by virtue of increased vehicle movements.
However, the impact on the A78 would be negligible. This is noted, as is the location of the
site on the core path and cycle network. The site is some 1km from Fairlie Train Station and
is on bus routes. Both Transport Scotland and NAC Active Travel and Transportation
(Roads) have no objections. 
Within the site is the railhead which would allow the use of the rail network for the
construction and/or operation of the proposal. The ongoing requirements of the EDF whilst
Hunterston B is being decommissioned are also noted. The applicant is aware of those
needs. However, the railhead means the possibility of integration of transport modes with
the road network and the existing port. The applicant states that the site has been
specifically chosen due to the proximity of the existing port. The proposal would seek to use
the port as a primary means of exporting cable manufactured on site. Details of any
equipment required to achieve this aspect could be addressed through any further detailed
permissions. However, it is noted the port is a lawful existing use and the Council, as
Planning Authority, has no control over the use of the port for the docking of ships or the
loading or unloading of ships. 
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Conditions could be attached to any permission requiring details of improvements to active
travel access and ways to mitigate impact on the cycle/core path network during
construction. Any permission could also be subject to a condition requiring a Construction
Traffic Management Plan including specific roads to be prohibited to construction traffic. 
Subject to such conditions the proposal is considered provide safe and sustainable
transport options, mitigates against impact on the road network and enables integration of
transport modes. The connectedness of the site has been considered, and the opportunities
to minimise road use. The proposal therefore accords with Policy 27 of the LDP and the
'easy to move around and beyond' quality of Strategic Policy 2. 
The proposed factory would not when in operation emit odour, gaseous or particulate
emissions. During construction there could be impacts from dust although the EIA considers
these to be negligible in terms of air quality. NAC Environmental Health was consulted and
has no objections. A dust management plan could be required by condition of any
permission. 
The applicant has provided an assessment of noise from the proposed development. NAC
Environmental Health is satisfied with this assessment and has suggested a condition to
control the rated noise at background level at noise sensitive receptors. Such a condition
could be attached to any permission if granted. NAC Environmental Health also has powers
to control statutory noise nuisance should this occur during the construction period.
However, an appropriate Construction Management Plan could also mitigate noise during
that phase. 
The applicant has provided a shadow calculation for the tower at the summer and winter
equinox. The calculation confirms that the closest residential property, some 100m distant,
would be slightly to the south and therefore unaffected by the shadow. The shadow from the
tower would also fall short of Fairlie and the houses at Southannan. The only residential
property which could potentially be affected by the shadow would be Southannan South
Cottage, some 500m north-east of the proposed tower. The shadow from the tower may fall
on that property for periods either side of the winter equinox, however, it is likely to only be
for short periods in the late afternoon and in certain weather conditions. There are mature
trees between the site, both in the Hunterston TPO and in the fields and railway, and at
Southannan South Cottage. The property also sits to the east, and therefore behind, the
railway embankment. Given this, it is not considered that any shading caused by the tower
would lead to a significant impact on any sensitive property. 
The proposed tower has also been considered in terms of air traffic safety. All relevant
bodies concerned with aviation safety were consulted and no objections raised. The specific
requirements in respect of aviation lighting could be controlled by condition. It is not
considered that such lighting would in itself have a significant impact on visual amenity. 
Given all of the above, and subject to suitable conditions, the proposal is considered to
respect the amenity of existing and future users. The proposal therefore accords with the
'safe and pleasant' quality of Strategic Policy 2. 
Policy 29 of the LDP states that support will be given to energy infrastructure developments
where they contribute positively to a low carbon economy. All new buildings will be required
to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish
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Building Standards will be met through the installation and operation of low and zero carbon
technologies. This will not apply to building which will not be heated or cooled. 
Policy 31 of the LDP states that proposals for development that constitute substantial
development should include provision for on-site heat recovery or a heat network plan or
demonstrable evidence that district heating has been explored but is not feasible for
technical or economic reasons. 
The proposal is not for energy generation, but it is noted that the cable produced would be
for the transmission of electricity including from renewable sources. The EIA assesses the
potential impact of the proposal on climate change. The operational phase of the
development would have greenhouse gas emissions equivalent to approx.  15% of North
Ayrshire's carbon budget. This would be in the context of providing approx. 900 full time
equivalent jobs at the site and in the wider North Ayrshire economy. 
As stated above only detailed permission is sought for the tower. The other buildings would
require to be subject to further detailed permissions. Conditions could be attached to any
permission which required the details set out in Policies 29 and 31. 
Given all the above, and subject to suitable conditions it is considered the proposal accords
with Policies 29 and 31 of the LDP and meets the 'resource efficient' quality of Strategic
Policy 2. 
The benefits to the local economy including the potential for approx. 900 full time equivalent
jobs are welcomed. There are concerns that the development could impact on the local
tourism economy by way of visual impact. There would be a notable visual impact when
viewed from Fairlie and Millport. However, this would lessen overtime and the visual impact
in the wider area and from designated landscapes is not considered to be significant.  It is
not considered that the tourist economy would be significantly affected. The proposal would
produce high value jobs and be a net benefit to the local economy. 
Given all of the above, and that the proposal accords with Strategic Policy 2 and the other
relevant policies of the LDP, the proposal is also considered to accord with the Framework
for Hunterston and therefore Strategic Policy 3. In so far as it has weight, the proposal is
also considered to accord with draft NPF4. 
The proposal is held to accord with the relevant polices of the LDP. Accordingly, the
application should be approved subject to the conditions referred to in this report. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1.  That the approval of North Ayrshire Council, as Planning Authority, with regard to the
siting, design and external appearance of all building and external plant or machinery,
including landscaping, means of access, internal roads, external lighting, sustainable travel
plan and low and zero carbon technology, shall be obtained before the development
permitted in principle is commenced.
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Reason 
In order that these matters can be considered in detail. 
Condition 
2. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by an assessment of on-site heat recovery and re-use, or a heat network
infrastructure plan, or demonstrable evidence that such schemes have been explored but
are not feasible for technical or economic reasons. 
Reason 
In order that the future proofing of the site for heat networks is properly considered as
required by Policy 31 of the LDP. 
Condition 
3. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a Construction Management Plan and Code of Practice, including details
for monitoring and action against non-compliance. For the avoidance of doubt this shall
include an assessment of use of the rail and port connections as a first principle and the
prohibition of the use of the A78 through Fairlie, the B780/B781, the C26 and all local
non-classified roads by construction vehicles and details of management of impact on the
core path and cycle rout network. 
Reason 
To ensure proper management of the construction process, including impact on the
road network. 
Condition 
4. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by details of an appointed Ecological Clerk of Works (ECoW). The details
shall include contact details, the scope and responsibilities of the ECoW as well as
confirmation of their power to halt or otherwise stop works which are not in accordance with
the mitigation measures identified in the EIA or others, as may be approved. 
Reason 
To ensure appropriate oversight of the construction of the development 
Condition 
5. Prior to development commencing the applicant shall implement the measures
detailed under Mitigation Measures Adopted as Part of the Project in Chapter 9
Hydrogeology, Geology and Ground Conditions of the submitted EIA report dated February
2022.  All documentation be verified by a suitably qualified Environmental Consultant and
submitted to the satisfaction of North Ayrshire Council, as Planning Authority. 
Reason 
To ensure proper consideration is given to ground conditions and ground water. 
Condition 
6. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a Dust Management Plan. This shall include the measures detailed under
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Mitigation Measures Adopted as Part of the Project in Chapter 13 Air Quality of the
submitted EIA report dated February 2022.  All documentation be verified by a suitably
qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire
Council as Planning Authority. 
Reason 
To ensure proper management of dust throughout the construction period. 
Condition 
7. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by an assessment of the details in terms of the rated noise level, as defined in
`BS4142:2014+A1:2019, from the operation of the facility. The assessment must
demonstrate that the noise from the operation of the facility will not exceed the background
noise level at the curtilage of any existing or consented noise sensitive property at the time
of application. 
Reason 
To ensure proper consideration of potential noise from the development. 
Condition 
8. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a scheme to treat surface water arising from the or otherwise affecting the
site, prepared in accordance with the principles and practices contained in 'The SuDS
Manual' (CIRIA report C7453, published November 2015) and the requirements of The
Water Environment (Controlled Activities) (Scotland) Regulations 2011, and certified by a
suitably qualified person, shall be submitted to North Ayrshire Council, as Planning
Authority, for written approval. 
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded. In accordance with the recommendations of the submitted FRA,
finished floor levels shall be set a minimum of 6m AOD, threshold levels shall be raised a
minimum of 150mm above external ground levels and all key external infrastructure shall be
elevated by at least 150mm or protected by bunds 
Reason 
To ensure proper consideration of surface water drainage. 
Condition 
9. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a habitat survey dated not more than 1 year prior to the date of the
submission of the application. 
Reason 
To ensure habitat and protected species considerations are of an appropriate date. 
Condition
10. Prior to commencement of the development of the tower, details of a financial bond
to be secured with the landowner for the removal of the tower in the event of redundancy
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shall be submitted to North Ayrshire Council, as Planning Authority, for written approval.
Any such bond shall be retained through the life of the development with confirmation to be
provided to North Ayrshire Council, as Planning Authority, on a yearly basis following
completion of the tower. 
Reason 
To ensure steps are in place to remove the tower should the site become redundant,
in the interest of visual amenity, and in recognition of the landowner being ultimately
responsible for compliance with any conditions. 
Condition
11. Should the tower become redundant, it shall be removed within 6 months of
redundancy. For the avoidance of doubt, redundancy means the factory not becoming
operational within 3 years of construction of the tower or the factory ceasing to operate for a
period of more than 1 year after first becoming operational. 
Reason 
To ensure the timely removal of the tower should the site become redundant, in the
interest of visual amenity. 
Condition
12. The prior to commencement of the development of the tower, details of the external
finish shall be submitted to North Ayrshire Council, as Planning Authority, for written
approval. The development will thereafter be undertaken in accordance with any details as
may be approved and the tower maintained with those details unless otherwise agreed in
writing with the Planning Authority. 
Reason 
To ensure an appropriate external finish for the tower in the interest of visual amenity. 
Condition
13. The prior to the commencement of the development of the tower, a Dust
Management Plan for the control of dust from the construction of the tower shall be
submitted to North Ayrshire Council, as Planning Authority, for written approval. Thereafter
the development shall be undertaken in accordance with any Plan as may be approved. 
Reason 
To ensure proper management of dust throughout the construction period. 
Condition
14. That prior to the commencement of the development of the tower, a Construction
Management Plan and Code of Practice, including details for monitoring and action against
non-compliance shall be submitted to North Ayrshire Council, as Planning Authority, for
approval. Thereafter the construction shall be carried out only as approved by the Plan and
Code of Practice. For the avoidance of doubt this shall include an assessment of use of the
rail and port connections as a first principle and the prohibition of the use of the A78 through
Fairlie, the B780/B781, the C26 and all local non-classified roads by construction vehicles
and details of management of impact on the core path and cycle rout network. 
Reason
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To ensure proper management of the construction process, including impact on the
road network 
Condition
15. That prior to the commencement of the development of the tower, details of an
appointed Ecological Clerk of Works (ECoW) shall be submitted to North Ayrshire Council,
as Planning Authority, for approval. The details shall include contact details, the scope and
responsibilities of the ECoW as well as confirmation of their power to halt or otherwise stop
works which are not in accordance with the mitigation measures identified in the EIA or
others, as may be approved. The development will thereafter be undertaken only with the
oversight of the appointed ECoW. 
Reason 
To ensure proper oversight of the construction of the tower. 
Condition
16. The rated noise level, as defined in `BS4142:2014+A1:2019, from the operation of
the tower must not exceed the background noise level at the curtilage of any existing or
consented noise sensitive property at the time of application. 
Reason 
To ensure the operation of the tower does not cause undue noise disturbance or
sterilise the wider area for further development. 
Condition
17. The prior to the commencement of the development of the tower, that a scheme to
treat surface water arising from the or otherwise affecting the site of the tower, prepared in
accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report
C7453, published November 2015) and the requirements of The Water Environment
(Controlled Activities) (Scotland) Regulations 2011, and certified by a suitably qualified
person, shall be submitted to North Ayrshire Council, as Planning Authority, for written
approval. Thereafter, the certified scheme shall be implemented prior to the completion of
the development of the tower and maintained thereafter to the satisfaction of North Ayrshire
Council, as Planning Authority. 
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded. In accordance with the recommendations of the submitted FRA,
finished floor levels shall be set a minimum of 6m AOD, threshold levels shall be raised a
minimum of 150mm above external ground levels and all key external infrastructure shall be
elevated by at least 150mm or protected by bunds 
Reason 
To ensure the proper treatment of surface water. 
Condition
18. Prior to the commencement of the tower, confirmation that the basement proposals
are sufficiently flood resilient/resistant, including an accompanying certified flood
management plan suitably addresses residual flood risk at the site from all sources of
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flooding, certified by a suitable qualified person, shall be submitted in writing for the written
approval of North Ayrshire Council, as Planning Authority. 
Reason 
To ensure the risk of flooding to basement level proposal is suitable addressed. 
Condition
19. In the event that the works to commence the tower are not undertaken within 1 year
of the date of this permission, an updated habitat survey dated not more than 1 year prior to
the date of commencement shall be submitted to North Ayrshire Council, as Planning
Authority, for written approval prior to the commencement. 
Reason 
To ensure habitat and protected species considerations are of an appropriate date. 
Condition
20. Prior to the commencement of the development, details of omni-directional red
aviation warning lights to be fitted to the tower shall be submitted to North Ayrshire Council,
as Planning Authority, for approval in consultation with Prestwick Airport, Air Traffic Control
and the Ministry of Defence. The lighting will thereafter be fitted and retained thereafter in
accordance with any details as may be approved. 
Reason 
To meet the requirements of the relevant Air Authorities. 
James Miller 
Chief Planning Officer           
For further information please contact Mr Iain Davies on 01294 324320. 
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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. 
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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. 
Agenda Item 3
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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. 
44

Page 45

NORTH AYRSHIRE COUNCIL 
29th June 2022                                                                                                                                                            
Planning Committee 
Locality  Irvine
Reference 22/00325/PP
Application Registered 4th May 2022
Decision Due 4th July 2022
Ward Irvine South 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Units 1-5 Shewalton Sand Quarry Shewalton Road
Riverside Business Park Irvine
Ayrshire
KA11 5AA 
Applicant  Enva Scotland Ltd Fao Ms Karen Miller 
Proposal  Application under Section 42 to modify condition 5 of
planning permission 10/00228/PP to allow the
acceptance of general waste and glass (for waste
transfer only), to increase the total quantity of waste
permitted on site at any one time from 600 tonnes to
2000 tonnes and to increase operational hours to
include Sundays from 08:00 - 16:00 hours 
___________________________________________________________________ 
1. Description 
This application relates to the existing waste transfer station at Shewalton Road, Irvine
operated by Enva Scotland (formerly trading as William Tracey Ltd), under Section 42 of the
Town and Country Planning (Scotland) Act 1997. 
The application seeks to modify condition 5 of planning permission (ref. 10/00228/PP) to
increase general waste quantities and to accept glass (for waste transfer only), to increase
the total quantity of waste permitted on site at any one time from 600 tonnes to 2000 tonnes
and to increase operational hours to include Sundays from 08:00 - 16:00 hours. 
Agenda Item 4
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The site is an existing waste management facility which has been operational since 2001.
Within the site, dry waste (predominately originating from North Ayrshire) is sorted and
stored temporarily for onward bulk transfer to the applicant's main waste recycling facility at
Linwood for further treatment, sorting and recycling. All wastes on site are stored in
designated storage bays.   
The waste types which are handled by the site are primarily regulated by SEPA under a
Waste Management Licence (WML) WML/W/20175. The waste types (with capacity limits)
stored in each bay are as follows: 
- Glass (130.20 tonnes) 
- Soil and Stones (376.20 tonnes)
- Construction & Demolition (888.37 tonnes)
- General Waste (201.60 tonnes)
- Dry mixed recycling (114 6 tonnes)
- Cardboard (438)
- Timber (85.9 tonnes) 
However, the planning condition attached to planning permission ref. 10/00228/PP does not
permit the storage of glass nor general waste (other than that from civic amenity sites) at
Shewalton.  The waste types which are permitted under the planning condition are as
follows: 
- mixed residual civic amenity site waste; 
- wood/biomass wood; 
- waste electrical and electronic equipment (WEEE); 
- paper; 
- demolition/building materials, discarded packaging wood; 
- bailed cardboard; 
- high and low density plastics;
- used animal bedding and 
- green waste (for composting only). 
The applicants advise that the circumstances relating to the application are as follows: 
The closure of a landfill site during 2021 in a neighbouring local authority area (East
Ayrshire) has had a significant impact on collection and transport operations of Enva's
commercial trade waste and local authority household waste contracts in North Ayrshire. 
Before the closure of the landfill site, the applicant collected general commercial waste from
various commercial locations around North Ayrshire which was then transported directly to
landfill for disposal. However, landfill disposal of such waste meant that none of the waste
was being recovered or recycled. By adding general waste (from sources other than civic
amenity sites, which is already permitted) as well as glass, the long-established facility at
Shewalton would support progress towards zero waste objectives. The transfer station
would facilitate more forms of recycling as well as providing the opportunity to handle a
greater quantity of non-recyclable general waste for onward processing into Refuse Derived
Fuel (RDF) at Linwood following sorting and bulking-up. 
In summary, the proposal seeks to:
- increase in the quantities of general waste and glass (for waste transfer only); 
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- to increase the total quantity of waste (as governed by the by the WML, not the
planning permission) on site at any one time from 600 tonnes to 2000 tonnes per year; 
- to change the operational hours to include Sunday working hours during the time
period of 08:00 - 16:00 (again, as governed by the WML, not the planning permission). 
The application therefore seeks to harmonise the planning permission for the site to reflect
the terms of the proposed amendment to the WML, where appropriate.   Condition 1 of the
original planning permission stipulates that 80% of the waste for the facility shall come from
North Ayrshire.  The applicant is aware of this condition, and has advised that until recently,
the general waste streams being handled at the site from North Ayrshire would have been
transported directly to a landfill site in East Ayrshire, which has now closed. They advise
further that the 80% figure is still applicable to their operations and would seek a further
amendment to the planning permission in the event that this figure would be exceeded by
the proposed changes to the WML. This report addresses only matters arising from the
proposed change to condition 5. 
Arising from the proposed amendment to the WML, SEPA has directed the applicant to
enclose and cover the general waste bay and carry out some additional drainage works.  To
this end, the applicant has indicated that it is their intention to form a new general waste bay
on an area of concrete hardstanding currently used for storing soil and skips. They advise
that the new general waste bay would measure approximately 12m x 17m on plan, which
would be constructed of large concrete blocks formed around three sides with sliding doors
at the front and fully covered with a curved polycarbonate roof. The indicative height would
be comparable with the existing general waste bay at the site. The drainage works would be
in the form of new gullies leading to an interceptor connected to an underground tank.
Wastewater would be removed by tanker. Whilst some indicative siting and design details
have been submitted for information purposes, it is not within the scope of the current
Section 42 application to consider the proposed new storage bay and drainage scheme.
Depending on the outcome of the current Section 42 application, a further planning
application would be required in order to address and finalise these details. The applicant
has also advised that the existing general waste bay would be re-purposed for the storage
of cardboard.   
In terms of the adopted Local Development Plan (LDP), the site and surrounding area is
within the countryside.  However, despite the 'countryside' allocation, the site and
surrounding area to the north and south is already developed with yards and workshop
buildings. The area to the west is a large construction waste reprocessing facility operated
by W H Malcolm at a former sand and gravel quarry. To the east is the A78 Irvine Bypass.
Further south is the closed landfill site which was operated by NAC. The site is accessed
from Shewalton Road, which leads east from Ayr Road. From Ayr Road, there is a direct
connection with the A78 trunk road at the Newhouse Interchange. 
The relevant LDP policy in this case is Waste Management Facilities (Policy 30). All
applications require to be assessed against Strategic Policy 2. The relevant criteria in
respect of this application are 'Safe and Pleasant', Resource Efficient', and 'Easy to move
Around'. 
Relevant Development Plan Policies 
Detailed Policy 30
Waste Management Facilities
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Proposals for the development of waste management facilities that align with Scotland's
Zero Waste Plan and the Council's Waste Management Strategy, including any ancillary
operations, will be supported subject to meeting the following criteria:
i) Compatibility with surrounding existing and allocated land uses; and
ii) Satisfactory provision for the mitigation of adverse impacts is secured in relation to
the environment, transport, public health and safety; including site restoration, after care
plans, buffers of a satisfactory distance between dwellings or other sensitive receptors and
screening where appropriate. 
Proposals for development that would compromise the operation of waste management
facilities would be resisted. 
As a general guide, appropriate buffer distances may be:   
o 100m between sensitive receptors and recycling facilities, small-scale thermal
treatment or leachate treatment plant;
o 250m between sensitive receptors and operations such as outdoor composting,
anaerobic digestion, mixed waste processing, thermal                 treatment or landfill gas
plant;
o >250m between sensitive receptors and landfill sites. 
SP1 - The Countryside Objective
The Countryside Objective 
We recognise that our countryside areas play an important role
in providing homes, employment and leisure opportunities for our rural communities. We
need to protect our valuable environmental assets in the countryside while promoting
sustainable development which can result in positive social and economic outcomes.
We want to encourage opportunities for our existing rural communities and businesses to
grow, particularly on Arran and Cumbrae, and to support these areas so that they flourish. 
We also recognise that, in general, countryside areas are less well suited to unplanned
residential and other developments because of their lack of access to services, employment
and established communities. We will seek to protect our prime and locally important
agricultural land from development except where proposals align with this spatial strategy.
In principle, we will support proposals outwith our identified towns and villages for: 
a) expansions to existing rural businesses and uses such as expansions to the brewery
and distillery based enterprises in the area.
b) ancillary development for existing rural businesses and uses, including housing for
workers engaged in agriculture or forestry.
c) developments with a demonstrable specific locational need including developments
for renewable energy production i.e. wind turbines, hydroelectric schemes and solar farms.
d) tourism and leisure uses, where they would promote economic activity,
diversification and sustainable development, particularly where they develop our coastal
tourism offer/ infrastructure.
e) developments which result in the reuse or rehabilitation of derelict land or buildings
(as recognised by the Vacant and Derelict Land Survey) for uses which contribute to the
Green and Blue Network such as habitat creation, new forestry, paths and cycle networks.
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f) sensitive infilling of gap sites consolidating existing developments where it would
define/provide a defensible boundary for further expansion.
g) small-scale expansion of settlements on Arran and Cumbrae for community led
proposals for housing for people employed on the island, where a delivery plan is included,
and infrastructure capacity is sufficient or can be addressed by the development and where
the proposal meets an identified deficiency in the housing stock and is required at that
location. All proposals will be expected to demonstrate the identified housing need cannot
be met from the existing housing land supply.
h) new housing in the countryside where it is a replacement or converted building or it is
a house of exceptional design quality.
i) sympathetic additions to existing well-defined nucleated groups of four or more
houses (including conversions) in close proximity
to one another and visually identifiable as a group with some common feature e.g. shared
access. Additions will be limited to 50% of dwellings existing in that group as of January
2005 up to a maximum of four new housing units (rounded down where applicable). 
Detailed Policy 2 - Regen Opportunities
Policy 2: 
Regeneration Opportunities 
In principle, we will support and promote development of brownfield land (including vacant
and derelict land) within our settlements, where the development aligns with the
placemaking policy. In particular, we support the re-use of sites shown in schedule 4 for a
range of urban uses which would contribute to the placemaking agenda, subject to their
impact on the surrounding established amenity, assessment against the Placemaking
Policy and in particular their impact on utility and service capacity.
Note that proposals for significant footfall generating uses considered against this policy
should accord with the Town Centre First Principle and must not undermine the vitality or
viability of town centres or the delivery of the effective housing and industrial land supplies
except where they would support the principle of sustainable development.
We will support development of the regeneration opportunities for a range of integrated
urban uses including:
o Residential.
o Local-scale community and leisure uses.
o Other local employment uses like shops, banks, cafes, workshops, garages, and
small offices (including working from home). 
We will also support alternative solutions which would improve the amenity or economic
outlook of the surrounding area such as
o Greening (Woodland planting, allotments etc.)
o Renewable Energy Generation
o Protection and enhancement of green and blue networks
There may also be instances in the plan period where new regeneration sites are identified.
In principle we will support proposals which are innovative, contribute to our placemaking
agenda and align with our vacant and derelict land strategy. 
2. Consultations and Representations 
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Neighbour notification was undertaken in accordance with statutory procedures. In addition,
the application was advertised in a local newspaper with an expiry date for public comments
of 8th June 2022. Two letters of representation, objecting to the proposals, were received. 
Grounds of Objection 
1.  The boundary map of the application site outlined in red is considered to be incorrect. It is
claimed that the applicant has incorporated part of the access road which does not belong to
them. It is also claimed that the previous gates and shared access road were formed without
planning permission. The applicant has not moved the gates back to their original position
thus blocking access to bordering premises as per title deeds. 
Response: It is not considered that the matters raised are directly relevant to the
consideration of the Section 42 application, and no breach of any planning control has been
identified. However, the applicant was asked to comment on the issue and advised that "the
site plan used within our current planning application is the same map that was utilised in
the application for 99/00329/PP in 2000 and incorporates the same footprint as that on our
WML licence. Enva Scotland do not own the land and rent the property. Our rental
agreement encompasses the area highlighted in the plan. We are unaware of any access
being blocked at the entrance gates due to our operations."  Examination of previously
granted planning permissions indicate that the site area has not been altered. 
2. The increased amount of waste proposed is very concerning as Enva do not have
enclosed bays to store the waste as per SEPA's comments. There are constant pungent
odours coming from their site which enters our warehouse and office. Employees have
raised concerns regarding the overpowering smells which is extremely unpleasant in a
working environment. The fencing and netting on the boundary are broken and the netting
torn which allows their waste to fly into neighbouring premises causing littering which we
then have to clear up. The bays in which the waste is stored are constantly overflowing and
well above the height of the bay walls and between the boundary. There has been a marked
increase in vermin, and this indicates to us that their vermin control policy is not fit for
purpose. We have pictures, videos and invoices to support the above. 
Response: In order to meet SEPA's requirements for odour control in relation to the
handling of general waste, an enclosed storage bay would be the subject of a separate
application as discussed previously in this report.  The applicant has confirmed, in response
to the objection, that "an enclosed bay will be implemented as per SEPA's requirements."
The applicant has advised that "waste on site is moved daily as the site is a waste transfer
station. Stock levels are kept to a minimum as per our WML licence."  They advise further
that "litter netting to the west of the site was unfortunately torn in high winds. This has now
been replaced and fully functioning." An unannounced site visit by the planning officer
confirmed that repairs had recently been undertaken. Furthermore, no odours were
detected during the officer site visit. 
3. With regard to approaching the access road from Shewalton Road the two junctions are
confusing and dangerous in their layout. When indicating left approaching the junction
vehicles from the WH Malcom site automatically think you are entering their site and
proceed to exit onto the Shewalton Road and cause daily near misses and actual accidents.
More consultation is needed for the increase volume of HGV Vehicles and cars accessing
this area. There is no traffic management whatsoever which is dangerous. The access road
surface has a temporary surface which is used daily by a high volume of HGV vehicles and
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with prolonged standing water in the winter and dust clouds in summer more consultation is
needed to come up with a solution to this problem. 
Response: It should be noted that the roads within the site and approaches from Shewalton
Road are private access roads. The applicant advises that "a traffic management system is
in place on Enva's yard that has been implemented by suitably qualified health and safety
advisors and approved by external auditing bodies such as BSi."  With regard to the
condition of the public roads in the area, it is noted that traffic volumes on Shewalton Road
appear to have decreased significantly since the closure of the landfill sites. The road
condition was observed to be maintained to a high standard and there is also a pedestrian
footway.  On Ayr Road itself, parts of the public footway have recently been widened to
accommodate cyclists and pedestrians. Notwithstanding the above improvements, a
condition could also be attached in relation to potential traffic impacts as recommended by
the Council's Transportation officers (see below). 
4. Access and exit is a problem with Enva's site as there is no one way system in place.
Lorries have often to reverse out of their site as their access is blocked by their own vehicle
which are already in the site. They also park on the access road waiting to gain entry to the
site which becomes an obstruction for other vehicles. 
Response: Noted. The applicant advises that "if permitted, traffic movement will only
increase to one extra vehicle movement per day. Trade waste vehicles are already based at
the Irvine site and hence there will be no further increase in vehicle movements apart from
the additional one stated." However, as noted above, a condition is recommended by the
Council's Transportation officers (see below). 
5. There has been a marked increase in vermin requiring the use of bait boxes and other
measures. This indicates the vermin control is not adequate just now, so increased waste
would need lots more. 
Response: The control of vermin is not a material planning consideration. However, the
applicant advises that "all site operations are carried out as to minimise the presence of
vermin including minimising stock and the regular cleaning of the waste storage bays. Pest
control is monitored and regulated on a regular basis by Terminix. This is carried out twice
monthly. All reports show no evidence of vermin on Enva's land."   
Consultations 
NAC Environmental Health - no objections in principle, however in the absence of any
assessment having been carried out for noise, there are concerns about potential noise
impact that allowing Sunday working may have on nearby noise sensitive properties. 
Response: There was no evidence of any significant noise generation from operations at
the site during the officer site visit. There are various other industrial sites nearby as well as
the A78 Irvine Bypass, which is a source of traffic noise. The hours of operation are not in
fact governed by the existing planning permission.  These are matters covered in the WML
and regulated by SEPA. In the event of any noise nuisance occurring whether on Sundays
or on any other day of the week, the Council has powers under other legislation to
investigate and seek appropriate remedial action. 
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NAC Active Travel and Transportation - no transport related objections. It is advised that,
with an increased number of HGV movements likely, a junction analysis may be required. A
Transport Statement should be submitted to assess if a junction analysis is required.  This
matter should be addressed by condition. 
Response: Noted. Whilst there is currently no planning condition that limits the number of
vehicle movements using Shewalton Road to access the site, it would be appropriate to
attach the recommended condition. It should be noted that Shewalton Road is also used by
other commercial goods vehicles going to the W H Malcolm site as well as several
workshops and other business premises. Traffic movements on Shewalton Road at the time
of the officer site visit were observed to be very limited and infrequent, with HGV activity at
the site even less so. 
Transport Scotland - No objections and do not advise against the granting of permission. 
Response: Noted.   
SEPA - No objection. Advise that the waste permitting team within SEPA have been in
discussion with the applicant and are now satisfied with the proposals. In SEPA's initial
response, some concerns were raised in respect of compliance with SEPA's odour
guidance and the discharge of water from the site.  Following the submission of additional
information by the applicant, SEPA's waste permitting team have confirmed that the
proposals will include the construction of a building for the storage of the general waste. 
The applicant is also going to implement a drainage system to ensure all drainage from the
building (for household waste) and the waste bays utilised for the acceptance of plastic and
glass will be collected via a drainage system and stored in a 2000 ltr underground storage
tanks and disposed of to a licensed facility as and when required.   
Response: Noted. The physical works outlined above would require to be the subject of a
further planning application, the submission of which would depend on the outcome of the
current Section 42 application. 
3. Analysis 
Section 42 of the Town and Country Planning (Scotland) Act 1997 applies where planning
permission is sought for the development of land without complying with conditions subject
to which a previous planning permission was granted. The original permission remains
unaltered by any decision on a Section 42 application. 
In terms of guidance for considering such applications, Circular 4/1998 sets out a series of
tests for planning conditions, as follows: 
- Necessary,
- Relevant to planning,
- Relevant to the development to be permitted,
- Enforceable,
- Precise, and
- Reasonable in all other respects. 
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Circular 4/1998 also makes it clear that planning conditions should not duplicate other
regulatory controls such as the licensing of waste management by SEPA. 
The facility at Shewalton is long established. The proposed changes reflect the ongoing
policy shift away from waste disposal by landfill towards the creation of a circular economy,
where materials are salvaged and recycled, with the aim of reaching Zero Waste as set by
Scotland-wide targets.  There are limits on the current planning condition which reflected
circumstances at the time. 
The relevant policy of the adopted North Ayrshire Local Development Plan (LDP) is Policy
30 (Waste Management Facilities), which states that proposals which align with Scotland's
Zero Waste Plan and the Council's Waste Management Strategy will be supported provided
adequate mitigation measures are in place to protect the environment and site
surroundings. 
The proposal would facilitate the recycling of waste types currently restricted by the
planning condition but already permitted under the WML regime regulated by SEPA. 
Proposed changes to the WML are underway and are being considered by SEPA. Where
there is an overlap, it would be appropriate to ensure the planning conditions align with the
WML licence, where it is relevant to do so. Not all matters covered by the WML are covered
by planning controls. As noted above, Circular 4/1998 makes it clear that other consenting
processes should not be duplicated under the planning system. 
In this regard, whilst noting that it is proposed that the site would also open on a Sunday
between the hours of 8am and 4pm, there is not presently a control on the hours of
operation set by any historic planning permission for the facility, which is therefore a matter
for the WML and will be considered by SEPA. As such, there is no requirement to duplicate
the hours of operation within a condition of planning permission for the site. In this regard, it
should be noted that the WML for the neighbouring W H Malcolm's recycling site, which
processes inert construction waste, already permits Sunday working between the hours of
8am and 4pm, which is identical to the proposed hours for the Enva site. 
A similar approach would also apply in relation to the annual tonnage of waste which can be
stored at the site. Again, there is not a planning control over annual tonnage limits, which
would also be matter covered by the WML and would be more appropriately regulated by
SEPA, as at present.   
The present condition 5 states as follows:
That the planning permission hereby granted shall permit the storage and sorting for
recycling of mixed residual civic amenity site waste, wood/biomass wood, waste electrical
and electronic equipment (WEEE) and paper in addition to the materials specified in
condition (1) attached to planning permission ref. no. 99/00329/PP. 
Reason: To restrict the development to the terms of its justification/special need. 
In response to the matters raised, and taking account issues which would be more
appropriately dealt with by SEPA, it is proposed that the amended condition would read as
follows: 
That the planning permission hereby granted shall permit the following categories of waste
at the site for temporary storage, sorting and onward transfer for reprocessing off-site: 
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- mixed residual civic amenity site waste; 
- wood, biomass wood and discarded packaging wood;
- waste electrical and electronic equipment (WEEE); 
- paper; 
- demolition/building materials
- bailed cardboard; 
- high and low density plastics;
- used animal bedding; 
- green waste; 
- glass; 
- soil and stones; 
- construction and demolition materials;
- general waste;
- dry mixed recycling. 
Reason: To restrict the development to the terms of its justification/special need. 
It is considered that the proposed amendment to Condition No. 5 can be granted, taking
account of matters that would be outwith the scope of the planning process. As discussed
above, a further condition is recommended in respect of potential impacts arising from any
additional HGV traffic movements, with a transport statement to be produced by the
applicants prior to the operation of the facility for handling the additional waste streams. This
requirement would help to address concerns expressed by objectors in respect of road
safety and enable further consideration to be given to potential traffic impacts on Shewalton
Road. 
All applications require to be assessed against Strategic Policy 2. The relevant criteria in
respect of this application are 'Safe and Pleasant', Resource Efficient', and 'Easy to move
Around'. For the reasons given above, and subject to the proposed condition in respect of
traffic movements, it is considered that the proposal satisfies Strategic Policy 2. 
There are no other material considerations. The outcome of the proposed changes would
enable more categories of waste to be accepted at the site for reprocessing and recycling
elsewhere, together with an associated reduction in waste going to landfill. This approach
would accord with LDP Policy 30 in respect of Scotland's Zero Waste Plan by supporting the
circular economy. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. That the planning permission hereby granted shall permit the following categories of
waste at the site for temporary storage, sorting and onward transfer for reprocessing
off-site:   
- mixed residual civic amenity site waste; 
- wood, biomass wood and discarded packaging wood;
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- waste electrical and electronic equipment (WEEE); 
- paper; 
- demolition/building materials
- bailed cardboard; 
- high and low density plastics;
- used animal bedding; 
- green waste; 
- glass; 
- soil and stones; 
- construction and demolition materials;
- general waste;
- dry mixed recycling. 
Reason 
To restrict the development to the terms of its justification/special need. 
Condition 
2. That, prior to the implementation of the amended condition governing the scope of
waste types as hereby approved, a transport statement shall be submitted for the
consideration of North Ayrshire Council as Planning Authority to establish if a junction
analysis is required. The transport statement shall include a forecast of the increased
number of HGV movements arising from the proposed increase of waste and additional
opening hours at the waste transfer station together with recommendations to ensure the
safe and efficient movement of traffic to/from the site. Thereafter, the site shall be operated
only in accordance with the outcome of the assessment of the transport statement by North
Ayrshire Council as Planning Authority, including the implementation of any mitigation
measures as may be identified during a timescale to be agreed. 
Reason 
In the interest of road safety. 
James Miller 
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 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. 
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NORTH AYRSHIRE COUNCIL 
Insert the date of the Committee in the following format:
29th June 2022 
Planning Committee
Title: Notice under Section 179 of the Town and Country Planning
(Scotland) Act 1997: former Seafield School, Eglinton Road,
Ardrossan 
Purpose: To seek approval to serve a Notice under Section 179 of the
Town and Country Planning (Scotland) Act 1997 requiring
proposed maintenance of the land for the abatement of the
adverse impact on the local area. 
Recommendation: That the Committee grants authority for the service of a Notice
under Section 179 of the Town and Country Planning (Scotland)
Act 1997 to abate the adverse impact on the land on the local
area. 
1. Executive Summary 
1.1 This report recommends the service of a Notice under Section 179 of the Town and
Country Planning (Scotland) Act 1997 ("Amenity Notice") in relation to the land at the
former Seafield School, also known as Seafield House, Eglinton Road, Ardrossan. The
site includes two Category B Listed Buildings known as Seafield House and Seafield
Stables. An Amenity Notice allows the Council as Planning Authority to serve on the
owner, lessee and occupier of the land, which is adversely affecting the amenity of any
part of the area, a notice requiring steps to be taken to abate the adverse effect of the
condition of the land. 
1.2 The site was last used as a residential school but has been largely vacant since
approx. June 2015. The main building, Seafield House, was the subject of a fire in
2017. This fire was largely contained in the eastern wing of the building. However, the
roof of that section of the building has collapsed. 
1.3 The condition of the site has been causing concern to local residents with complaints
being received since 2016. The site has previously been subject of an Amenity Notice. 
1.4 Both Seafield House and Seafield Stables have been subject to vandalism and
unauthorised entry. The windows in both properties have been smashed. A fence has
been broken and the site has been dumped on including skips and containers. The
condition of the land is considered to have an adverse impact on amenity. 
2. Background 
2.1 The site is a vacant former school site with vacant buildings within it. The two most
prominent buildings within the site are Category B Listed Buildings. Primary access to
the site is from Eglinton Road to the south. The land is identified in the Local
Development Plan as part of the settlement of Ardrossan.
Agenda Item 5
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2.2  The site comprises an area of approximately 3.44 hectares. There are four buildings
within the site. In the centre, the Category B Listed Building known as Seafield House.
On the western edge of the site, the Category B Listed Building known as Seafield
Stables. On the eastern edge of the site, a modern gymnasium building. In the
northern corner is a building known as Seafield Cottage which was formerly the
kennels of Seafield House. 
2.3  The site was last used as a school but has been vacant since approximately June
2015. The gymnasium was granted planning permission in 2016 to be used as a
health and fitness centre, separate from the wider site, and is currently in use as such.
The site is within the settlement of Ardrossan in a prominent location on the western
access to the town. The southern end of the site, between Seafield House and
Eglinton Road is relatively flat, with the site rising to the north from behind Seafield
House. There are residential properties to the east and west of the site. 
2.4  The Council, as Planning Authority, has received several complaints regarding the site
and has been monitoring the site since first receiving complaints in summer 2016. At its
meeting of 4th September 2019, the Planning Committee granted authority for the
issue of an Amenity Notice in respect of the site. 
2.5 An Amenity Notice was issued 24th September 2019 and required the removal of all
litter and refuse from the site, the boarding of all windows and doors in the Seafield
House and Seafield Stables buildings and the movement of demolition rubble to a site
north of the stable building. The works were eventually completed circa. September
2020 and that Amenity Notice ceased to have effect. 
2.6 Since September 2020 the condition of the site has deteriorated. Some boarding has
been removed from the openings of Seafield House and Seafield Stables. A fence,
which was erected to improve the safety of users of the nearby gymnasium, has been
broken and further dumping including skips and containers has occurred on site. The
owner has been requested to address these issues but has not done so. 
2.7 Given the above, it is considered that the owner has been given adequate opportunity
to alleviate the harm caused by the condition of the land. The required works have not
been undertaken and the condition of the land continues to cause harm to local
amenity. 
3. Proposals 
3.1  The condition of the land is having a significant adverse impact upon the amenity of the
area. The site is within a residential area and on a prominent main road in Ardrossan. 
3.2  In the interest of the amenity of the area, it is recommended that Committee approves
the serving of a Notice under Section 179 of the Town and Country planning (Scotland)
Act 1997 requiring the following; 
(i) Remove all litter and refuse, including skips and containers, from the site.
(ii) Board all windows and door openings in Seafield House and Seafield Stables,
except for those openings on the first floor of the eastern wing of Seafield House.
All openings to be boarded with exterior grade plywood or similar.
(iii) Re-instate the timber fence to the front (south-west) of Seafield House and across
the access to the western part of the playground from the Eglinton Road entrance
immediately in front of Seafield House. 
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3.3  It is proposed that the owner would be given 6 weeks from the date of any Notice
taking effect in which to carry out the requirements. 
4. Implications/Socio-economic Duty
Financial
4.1 Should any requirement of the Notice not be complied with following expiry of the
compliance period, the Council as planning authority may enter the land and carry out
such steps in order to achieve compliance with the requirements of the Notice. The
Council may then seek to recover from the person(s) who was the then the owner or
lessee any expenses reasonably incurred during the carrying out of these works.
Cleansing has been made aware of the condition of the land and the possibility of the
Council carrying out the works itself. The estimated cost of any works is to be advised. 
Human Resources 
4.2 None 
Legal 
4.3 The proposed Amenity Notice is in accordance with Statutory Regulations. 
Equality/Socio-economic 
4.4 None 
Climate Change and Carbon 
4.5 None 
Key Priorities 
4.6 The proposed Amenity Notice supports the Council Plan priority - "Vibrant, welcoming
and attractive places,” 
Community Wealth Building 
4.7 Any direct action taken under the Planning Acts can support progressive procurement.   
5. Consultation 
5.1 Finance has been advised of the report in terms of its budgetary provision. 
James Miller
Chief Planning Officer 
For further information please contact Iain Davies, Senior Development Management
Officer on 01294 324 320. 
Background Papers
0
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Former Seafield School, Eglinton Road, Ardrossan KA22 8NL
"This map is reproduced from the OS map by North Ayrshire Council 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. Licence Number: 100023393."
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