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220629sp - Planning Minute

North Ayrshire Council · 24 August 2022
Back to Planning Committee — 24 August 2022 and its agenda

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Planning Committee
29 June 2022 
Irvine, 29 June 2022 - At a Special Meeting of the Planning Committee of North
Ayrshire Council at 2.00 p.m. 
Present
Robert Foster, Timothy Billings, Scott Davidson, Stewart Ferguson, Cameron Inglis,
Jim Montgomerie, Ian Murdoch and Chloé Robertson. 
In Attendance
A. Craig, Head of Democratic Services and R. Lynch, Senior Manager (Legal
Services; J. Miller, Chief Planning Officer (Planning) P. Brennan, Environmental Health
Officer, Protective Services (Place) and A. Little and D. McCaw, Committee Services
Officers (Chief Executive’s Service). 
Also In Attendance
J. Bailey, RPS Group, D. Kelly and A. Mathers, (XLCC); R. Holmes, Dr. J Pearson and
L. Grainey (representing Fairlie and Cumbrae Community Councils); and Councillor
Alan Hill. 
Apologies
Amanda Kerr and Davina McTiernan. 
Chair
Councillor Foster in the Chair. 
1. Declarations of Interest 
There were no declarations of interest by Members in terms of Standing Order 11 and
Section 5 of the Code of Conduct for Councillors. 
2.  22/00133/PPPM Former Coal Terminal Hunterston West Kilbride 
XLCC have applied for 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, at the former coal termination, Hunterston, West Kilbride.  Five objections and
two representations in support of the application were received.  Following the
applicant holding public meetings, in May, Fairlie Community Council (FCC) provided
21 more objections from members of the public, all of which were summarised in the
report.

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The Chair advised that he had accepted a request from Fairlie Community Council to
address the Committee in terms of their objections to the application.  Fairlie
Community Council were represented by Rita Holmes (Chairwoman) and Dr. Jackie
Pearson, accompanied by Linda Grainey.  Cumbrae Community Council had
requested that Ms Holmes also represent them at the Committee.  XLCC, as the
applicant, had been invited to respond to the objections raised.  Alan Mathers and
David Kelly (XLCC) and Jim Bailey (RPS Group) were in attendance. 
Ms Holmes addressed the Committee in support of the Community Council’s
objections and circulated three documents in support of the oral submission:
illustrations of the scale of the tower, a number of questions by local residents and a
statement by Ms Grainey who had researched both WHO and ECHR issues.  Ms
Holmes expressed the view that the development and its 24/7 operation posed a
potential and serious threat to local residents’ health and wellbeing.  She raised
concerns that the applicants had failed to prove their assertion that ships using the
jetty for loading cables would be noise-free.  Community consultation undertaken had
not been meaningful or effective, the objections raised by Fairlie Community Council
had not been adequately represented in the report to the Planning Committee and the
application was being rushed through. 
Ms Holmes considered the images provided by the applicant to be misleading and that
they did not accurately reflect the true visual impact of the structures.  Illustrations,
circulated by Fairlie Community Council at the meeting, depicted Fairlie Community
Council’s assessment of the scale of the proposed tower in relation to a person
standing in front of it and one showing the extrusion tower at Karlskrona in Sweden
alongside the proposed tower.  She continued that the location of the main jetty was
only 900m from Fairlie and the development and operation of the facility would destroy
the amenity of the village and surrounding area. 
Ms Holmes stated that XLCC was a new company with no experience or track record
and she questioned the piecemeal nature of the applications for the whole
development.  She cast doubt on the claim that 900 jobs would be created and the
demographics of a suitably skilled workforce in the area.  On behalf of both Fairlie and
Cumbrae Community Councils, Ms Holmes requested the application be deferred or
rejected until a noise monitoring assessment had been undertaken. 
Mr Kelly, of XLCC, then addressed the Committee on behalf of the applicants in
response to the objections raised.   He provided background information on the site
selection that included the connectivity of the site, availability of staff, availability of
land and the deep draft of the port required for the development. 
Mr Bailey, RPS Group, acknowledged there would be some temporary noise during
construction; however, once the factory was operational the level of noise would be
minor.  He stated that Environmental Health had agreed with these findings and had
also agreed with the findings that the manufacturing process would not result in any
significant emissions.

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Mr Bailey noted that, in terms of the visual impact, the Landscape and Visual Impact
Assessment (LVIA) accepted the tower would be prominent in some views.  Whilst
difficult to mitigate, visually breaking up the scale and mass of the tower by the use of
various colours and textures would be agreed with the Council prior to the start of the
development.  There would be a low risk of flooding and SEPA has no objection to the
project.  Construction and HGV traffic would be required to use roads to the south of
the project site to avoid going through Fairlie as detailed in the Traffic Management
Plan and use of rail and sea transport to the facility would be encouraged. 
Mr Alan Mathers, XLCC, provided technical information on the cable manufacturing
process that required the tower to be 185m high.  The hybrid cable laying vessel,
powered by methanol with an upgrade path to hydrogen, would be the most advanced
in the world.  It would run on electric power when coming in and out of port to minimise
noise.  The ship would come into Hunterston for a 7 day period, 8 times a year.  The
two carousels for the cable will be located under the deck of the ship to minimise noise
and it is aimed to load the cable in 3 days. He advised that the facility would create
900 full time jobs and approximately 2,500 – 3,000 jobs throughout the wider supply
chain across Scotland.  Around 200 apprenticeship and 150 graduate placements will
be available every year and materials have been provided to North Ayrshire colleges
to help train the future workforce. 
Members then asked questions of the objectors and applicant’s representatives and
received further information on the following:- 
• The application for planning permission in principle for the whole proposal, that
also included detailed permission for the construction of the extrusion tower;
• The design process that is underway and construction that would commence at
the end of 2022;
• The provision of digital models showing the facility, rather than 3d models;
• Photo montages that illustrated the options for different finishes for the tower
and would be prescribed by conditions;
• The process for waste, including waste from lead that is returned to the lead
supplier;
• On-site power generation via rooftop solar panel on the west and east
elevations;
• 900 jobs that will be created, on a shift basis to allow for 24/7 operation of the
facility;
• A Noise Impact Assessment that had been submitted to the Council and
demonstrated the facility could operate within the appropriate legislative noise
levels and that noise levels would be subject to planning condition;
• The commissioning of a ship that would enable the use of electric motors, when
docking at the jetty, thereby reducing noise;
• The transmission of the cables along an on-shore carousel of Teflon rollers to
the ship, to protect the cables and also minimise noise;
• That the tower would be constructed from concrete and the foundations on
bedrock;
• The tower would not be illuminated but given the height and position of the tower,
there is a requirement for omni-direction red aviation warning lightings in
accordance with the Civil Aviation Authority Air Navigation Order 2016;

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• A Construction Management Plan that would stipulate the route of construction
and facility related traffic; and
• A range of community engagement that XLCC undertaken, including online
sessions during the Covid restrictions, public meetings held in the local area and
written responses provided to supplementary questions submitted. 
The Chief Planning Officer then outlined the terms of the planning report. 
He advised of a letter from Katy Clark, MSP in which she stated “ XLCC is also willing
to make a commitment to a carbon offset scheme to reduce the carbon footprint that
the factory will generate, this is likely to be by tree planting rather than other
programmes.” 
He referred to a representation from Councillor Hill and Collier that requested a delay
in consideration of the controversial and complex application until after the summer
recess. 
He further advised that an objection in respect of the visual impact of the proposal had
been withdrawn following the provision of further landscape visual impact appraisals
provided by the applicant. 
Members had the opportunity to ask further questions and received clarification on the
following:- 
• ongoing noise monitoring that would be considered in further applications;
• the submission by the applicant of noise management data to Environmental
Health for the first 12 months of operation of the facility, to demonstrate the
plant was operating within the required measures;
• independent noise monitoring that could be undertaken by Environmental
Health if required;
• loading/unloading of the ship on 8 separate weeks a year and normal activities
at the port at all other times; 
• a condition of planning permission in respect of the finish of the tower;
• a Visual Impact Assessment that had been undertaken;
• pre- application notice that had been lodged in August 2021 and consultation
that followed thereafter;
• the option for the applicant to take the application to the Scottish Government
for determination if the Council, as Planning Authority, failed to determine it
within the statutory 4 month period;
• on-site power generation by rooftop solar panels only;
• the impact on tourism that had been assessed and considered to be negligible;
and
• details of a financial bond to be secured with the landowner for the removal of
the tower in the event of redundancy. 
At the invitation of the Chair, Councillor Hill addressed the Committee on his, and
Councillor Collier’s concerns relating to the application, in terms of the lack of detail
within the application in relation to the operations within the tower, noise and
emissions on the site and the manufacturing process.  He considered that these
details were already known to the applicant and should have been included in a full

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application to Committee.  A continuation of the application would allow further time for
this information to be provided.  In the event the Committee were minded to support
the application, he recommended that the detailed planning permission for the
construction of the high extrusion tower be granted, but that the In Principle
application be refused, with the applicant making a detailed application for the rest of
the site, buildings, factories and all processes within. 
The Chief Planning Officer advised that the Committee was being asked to approve
the principle of industrial development on the site.  This had already been established
through the Local Development Plan and Development Framework and the planning
officer’s recommendation was that the application accorded with both plans.  All of the
details would be subject to separate application and would ordinarily be delegated to
officers for determination.  However, given the interest and concerns raised, further
applications could come before the Committee for consideration.   
Councillor Inglis, seconded by Councillor Foster , moved that the application be
granted, subject to the conditions outlined in the report and an additional condition,
recognising the special justification for the tower and to retain control over the site and
re-assess the need for the tower in the event of a different operation. 
Councillor Murdoch, seconded by Councillor Davidson, moved that the application be
deferred for a site visit and to allow for a range of further information to be provided,
including total emissions research, comprehensive noise monitoring undertaken and
the rest of the application has been lodged in detail. 
On a division, there voted for the amendment 3 and for the motion 5, and the motion
was declared carried. 
Accordingly, the Committee agreed (a) to grant the application, subject to the following
conditions:- 
1. That the permission is for 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 only and planning permission
would be required for any other use within Class 5 of the Town and Country
Planning (General Permitted Development) (Scotland) Order, as amended. 
2.  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. 
3.  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. 
4.  That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a Construction Management Plan and Code of Practice,

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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. 
5.  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. 
6.  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   
7.  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 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   
8.  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 and include details
of a monitoring scheme for the first 12 months of operation of the facility. 
9.  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

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of 150mm above external ground levels and all key external infrastructure shall
be elevated by at least 150mm or protected by bunds 
10.  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.   
11.  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 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 
12.  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. 
13.  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. 
14.  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. 
15.  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. 
16.  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.

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17.  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. 
18.  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 
19.  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 flooding, certified by a suitable qualified person, shall be
submitted in writing for the written approval of North Ayrshire Council, as
Planning Authority 
20.  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. 
21.  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; 
and (b) that future applications relating to the site are presented to Committee for
determination.

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3. 22/00417/PP Site To North Of Albann Ltd, Third Avenue, Heatherhouse
Industrial Estate, Irvine 
Mr Daniel McKay applied for under Section 42 application to remove condition 1 of
Planning Permission 14/00473/PP to remove control over the beneficiary of Planning
Permission 22/00417/PP at the site to the north of Albann Ltd, Third Avenue,
Heatherhouse Industrial Estate, Irvine. 
The Committee unanimously agreed to grant the application, subject to the following
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. 
4. 22/00325/PP Units 1-5 Shewalton Sand Quarry Shewalton Road,
Riverside Business Park, Irvine 
Enva Scotland Ltd, applied 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, at Units 1-5, Shewalton Sand Quarry, Shewalton
Road, Riverside Business Park, Irvine.  Two objections were received and
summarised in the report. 
The Committee unanimously agreed to grant the application, subject to the following
conditions:- 
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;
• 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.

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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. 
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. 
The site was last used as a residential school but has been largely vacant since 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 had collapsed.  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. 
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.  Since
September 2020, the condition of the site has deteriorated.  The owner has been
requested to address these issues but has not done so to the satisfaction of the
Planning Department. 
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. 
The Committee unanimously agreed to grant 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, requiring (i) the removal of all litter and
refuse, including skips and containers, from the site; (ii) the blocking all open ground
floor windows and door openings in Seafield House with breeze block or similar;
(iii) boarding all open windows and door openings on the first floor in Seafield House
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; (iv) boarding of all open
windows and door openings in Seafield Stables with exterior grade plywood or similar;
and (v) re-instatement of 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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The meeting ended at 4.50 p.m.