Democracy Spraffa

Agenda Document Pack - Planning Committee - 25/01/2023

North Ayrshire Council · 25 January 2023
Back to Planning Committee — 25 January 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE         
Planning Committee 
A 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, 25 January 2023 at 14:00 to consider the undernoted business. 
Meeting Arrangements
This meeting will be held on a predominantly physical basis but with
provision, by prior notification, for remote attendance by Elected
Members in accordance with the provisions of the Local Government
(Scotland) Act 2003.  Where possible, the meeting will be live-streamed
and available to view at https://north-ayrshire.public-
i.tv/core/portal/home.   
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 Minutes
The accuracy of the Minutes of the meeting held on 23 November 2022 will
be confirmed and the Minutes signed in accordance with Paragraph 7 (1)
of Schedule 7 of the Local Government (Scotland) Act 1973
(copy enclosed). 
3 21/01174/PPM: Site To North Of Summerlea Road And West Of
Snowdon Terrace, Seamill, West Kilbride
Erection of 220 dwelling houses and associated infrastructure and
landscaping (copy enclosed). 
4 22/00890/PPP: Site To North Of Kirn Point, Newton Road, Lochranza
Planning Permission in Principle for four residential plots and re-aligned
access path (copy enclosed). 
5 Urgent Items
Any other items which the Chair considers to be urgent.
1

Page 2

North Ayrshire Council, Cunninghame House, Irvine KA12 8EE  
Webcasting
Please note: this meeting may be filmed/recorded/live-streamed to the
Council's internet site and available to view at https://north-ayrshire.public-
i.tv/core/portal/home, where it will be capable of repeated viewing.  At the
start of the meeting, the Provost/Chair will confirm if all or part of the
meeting is being filmed/recorded/live-streamed.
You should be aware that the Council is a Data Controller under the Data
Protection Act 2018.  Data collected during the 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, using the press or public seating area
or (by invitation) participating remotely in this meeting, 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.  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. 
2

Page 3

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: 
3

Page 4

4

Page 5

Planning Committee
23 November 2022
At a Meeting of the Planning Committee of North Ayrshire Council at 2.00 p.m. involving
a combination of participation by remote electronic means and physical attendance
within the Council Chambers, Irvine.
Present (Physical Participation)
Robert Foster, Stewart Ferguson, Cameron Inglis, Ian Murdoch and Chloé Robertson.
Present (Remote Participation)
Timothy Billings, Davina McTiernan and Jim Montgomerie.
In Attendance (Physical Participation)
J. Miller, Chief Planning Officer (Planning); R. Lynch, Senior Manager (Legal
Services), A. Little and C. Stewart, Committee Services Officers (Chief Executive’s
Service).
Apologies
Scott Davidson.
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. Minutes
The Minute of the meeting of the Planning Committee held on 26 October 2022 was
confirmed and the Minute signed in accordance with Paragraph 7 (1) of Schedule 7 of
the Local Government (Scotland) Act 1973.
3. 22/00717/LUE: Hunterston Construction Yard, Fairlie, Largs Certificate of
Lawfulness for existing general industrial use (Class 5)
Clydeport Operations Ltd had applied for a Certificate of Lawful Use or Development
(CLUD) to ascertain whether any operations, use of land or building or a breach of a
planning condition is or would be lawful for the site at Hunterston Construction Yard,
Fairlie, Largs.
The report highlighted that a CLUD was not equivalent in law to a grant of planning
permission but the purpose of a CLUD for an existing use was usually to secure
immunity from enforcement action by the Planning Authority or to provide certainty for
future planning applications.
Agenda Item 2
5

Page 6

The Chief Planning Officer advised that were no requirements for neighbour notification
or publicity measures for a Certificate of Lawfulness application and no consultations had
therefore  been undertaken on the application.  Representations had however been
received and he provided details of these to the Committee. 
The Senior Manager (Legal Services) stated to the Committee the terms of Section
150 of the Town and Country Planning (Scotland) Act 197 and what the Committee
required to consider in terms of the Act.  He added that if the Committee were minded
to refuse the application, the applicant had a right of appeal to the Scottish Ministers
and if successful, the Council would be liable for any resultant expenses. 
Members asked questions and were provided with further information in relation to:- 
• the provision of evidence that demonstrated the industrial use of the site over a
period of 10 years;
• Class 5 certification that was not equivalent in law to the grant of planning
permission;
• the purpose of a Certificate of Lawful Use or Development (CLUD) for an existing
use which is usually to secure immunity from enforcement action by the Planning
Authority or to provide certainty for future planning applications;
• any future proposals for the site that would be the subject of a planning
application;
• the permanent location of the 3 test wind turbines on the site that would not have
been supported by the planning authority, the wind turbines on site that had been
in situ for a limited period for testing purposes and therefore within Class 5 uses;
• any enforcement in terms of SSSI that would mainly be for consideration by
NatureScot; and
• the application for Class 5 certification that had no bearing on the Special
Development Order for Ardeer Peninsula. 
Councillor Inglis, seconded by Councillor Ferguson, moved that the application be
granted.  There being no amendment, the motion was declared carried. 
The Committee agreed to grant a Certificate of Lawful Use or Development (CLUD),
under Section 150 of the Town and Country Planning (Scotland) Act 1997. 
4. Notice under Sections 207 and 208 of the Town and Country Planning
(Scotland) Act 1997: Townhead Close, Largs 
Submitted report by the Executive Director (Place) seeking approval to promote the
stopping up of Townhead Close, Largs under sections 207 and 208 of The Town and
County Planning (Scotland) Act 1997 at Townhead Close, Largs. 
On 24 May 2022, planning permission was granted for the demolition of all existing
buildings and structures on site and the development of a single retail unit (for
convenience retailing purposes), associated car parking, revised vehicular access,
servicing and ancillary development plus hard and soft landscaping at a site at 123-
125 Main Street, Largs.  The site contains the access from Main Street to Townhead
Close, a small, adopted cul-de-sac containing three residential properties and the rear
6

Page 7

access to an additional residential property on Waterside Street.  In total, the access
for four properties would be affected by the development. 
The Parking Management Plan, as required by the terms of the condition, has not yet
been submitted, however, it is expected that the customer car park would be
controlled through APNR licence plate recognition of cars entering and leaving the car
park.  Residents of Townhead Close would be able to register to have their vehicles
excluded from the scheme. 
Councillor Murdoch, seconded by Councillor McTiernan, moved to grant authority to
promote the stopping up of Townhead Close, Largs under sections 207 and 208 of
The Town and County Planning (Scotland) Act 1997 at Townhead Close, Largs. 
There being no amendment, the motion was declared carried. 
The Committee agreed to grant authority to proceed with promoting a Stopping Up
Order for Townhead Close, Largs. 
The meeting ended at 2.40 p.m. 
7

Page 8

8

Page 9

NORTH AYRSHIRE COUNCIL 
25th January 2023                                                                                                                                                            
Planning Committee 
Locality  North Coast and Cumbraes
Reference 21/01174/PPM
Application Registered 8th December 2021
Decision Due 8th April 2022
Ward North Coast 
Recommendation  Approved (1) subject to the completion of a Section
75 Agreement on the required educational
contributions, and (2) Conditions noted within the
Report 
__________________________________________________________________ 
Location  Site To North Of Summerlea Road And West Of
Snowdon Terrace Seamill West Kilbride Ayrshire 
Applicant  Persimmon Homes Fao Mr Kevin Murphy 
Proposal  Erection of 220 dwelling houses and associated
infrastructure and landscaping
___________________________________________________________________ 
1. Description 
Planning permission is sought for residential development of an area of land to the south of
Portencross Road, west of Snowdon Terrace and north of Summerlea Road, West Kilbride.
The land is approx. 10.7hecatres in area. The land is bounded to the west by a footpath Wild
Cat Lane, which is part of the core path network, with countryside beyond. To the north
across Portencross Road is also countryside. To the east Snowdon Terrace is part of the
Trunk Road (A78) with houses beyond. The southern side of Summerlea Road also has
houses. 
The site is identified in the Local Development Plan (LDP), which was adopted in November
2019, as a Housing Allocation with an indicative capacity of 175 units. The LDP identifies
any application for the site would require potential mitigation of an Air Quality Assessment,
Health Impact Assessment, Education Contribution Assessment, Flood Risk Assessment
and Water and Drainage Assessment. Trees on the southern end of the site, and an area of
Wild Cat Lane to the west, outwith the site, are covered by a provisional Tree Preservation
Order (TPO), which was designated by the Council in September 2022.
Agenda Item 3
9

Page 10

Permission is sought for 220 units comprising a mix of detached, semi-detached and terrace
dwellinghouses with associated roads and landscaping. Some of the proposed plots would
have detached garages. The proposed development includes associated access roads,
footpaths, open spaces, public utilities infrastructure and a sustainable drainage system
(SuDS) in the form of a detention basin.  Landscaping is proposed within open spaces
throughout the site. 
The site is relatively flat with some undulation and a slope from east to south-west. The
proposed plots at the western end of the site would be approx. 27m AOD with the plots on
the eastern side approx. 31-32m AOD. The SuDS basin would be in the south-western
corner of the site. 
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 10th
February 2020 (ref: 20/00117/PREAPM). 
The proposal was screened in accordance with the Town and Country Planning
(Environmental Impact Assessment) (Scotland) Regulations 2017 on the 10th of January
2020 (ref: 20/00012/EIA). The Council, as Planning Authority, adopted the screening
opinion that given the nature, scale and location of the proposed development, an
Environmental Impact Assessment (EIA) would not be required.   
In support of the application the following documents have been submitted: 
PAC report 
The PAC report notes the publicity measures undertaken and a public event was held on
11th March 2020. The report notes there were 92 attendees at the event. Comments raised
include concern over loss of greenspace, flooding of northern portion of site, access onto
and crossing of A78, concern that house types and finishes were not suitable, need for
affordable housing, and too dense a layout. 
The report states that the proposal has been reduced from 263 units to 220 units with an
associated increased amount of open space and landscaping. A proposal for a crossing of
the A78, a wider range of house finishes and increased links within and outwith the site have
also been introduced. 
Supporting Statement 
The statement summarises the planning background, including the LDP allocation and
policy context. 
Design and Access Statement 
The document appraises the site in terms of landscape, linkages, and the wider settlement
character. It outlines the principles behind the proposed design of the site, drawing on the
above characteristics and public consultation. It sets out the details of the layout and
proposed house types with information on each type. It considers the application
10

Page 11

demonstrates the qualities of a successful place. An addendum to the statement was
provided following changes to the layout through the application process. 
Health Impact Assessment 
This Assessment considers the current health profile of West Kilbride and health care
provision. It considers the local medical practice is running at approx. 80% of capacity and
the development should not therefore have a detrimental impact on the practice. The
assessment states that a proposal in accordance with the six principles of a successful
place should have a positive impact on health. The proposal has been designed to
encourage interaction and active travel, with a mix of adaptable housing being proposed. 
Flood Risk and Drainage Assessment 
This Assessment identifies that the site is not at material risk of fluvial, surface water,
groundwater or tidal flooding. The proposed SuDS scheme is considered to deal with
surface water drainage 
Transport Assessment 
This Assessment considers the potential trip generation and distribution characteristics of
the development. The site is considered to be accessible by sustainable transport and to
integrate well into the existing network. The site can be safely accessed by private vehicles
and would not compromise the safety or efficiencies of existing road users. 
Preliminary Ecological Appraisal (December 2021) 
The site comprises semi-improved grassland, cultivated land, scattered scrub and scattered
broadleaved trees. No evidence of any species of particular conservation note or rarity and
no evidence of non-native invasive species. There is no roosting or hibernation potential for
bats. The trees around the site provide opportunity for some nesting birds. It is not
considered the site provides secure enough conditions for roosting, being on the urban
edge and adjacent to the trunk road. It is unlikely to be a priority location for geese with
better opportunities in other fields between West Kilbride and Hunterston. Biodiversity
enhancement recommendations are made. 
Tree Report 
This Report assesses the condition of the existing trees on and around the site. It is
considered the trees are in generally reasonable condition and no emergency interventions
are required. 
Air Quality Information 
This document states that the proposed development is not predicted to have a significant
impact on local air quality. Good practice mitigation for dust during construction is set out. 
Energy Statement 
The statement assesses the likely energy demands of the development and the possibility
of a heat network being incorporated into the development. It is concluded that that a heat
11

Page 12

network is unviable for this site for technical reasons. The proposal is for a relatively
low-density development adjacent to other low density residential developments. There are
no large-scale heat sources within the vicinity. The statement also sets out the efficiencies
of the house design. 
Education Impact Assessment 
This Assessment sets out the applicant's consideration of the impact of the development on
West Kilbride Primary school. The report does not agree with the Council's calculations of
impact on the school. However, it considers that the primary school is likely to require an
additional hall to meet PE and dining provision. It is considered that a financial contribution
of £522,324.40 (or £2,008.94 per house) would be required from the site. 
The Town and Country Planning (Scotland) Act 1997 states that when determining planning
applications regard shall be had 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 LDP are Strategic Policy 1: Spatial Strategy; Strategic Policy 2:
Placemaking; Policy 1: New Homes and Maintaining an Effective Housing Land Supply;
Policy 18: Forestry, Woodland, Trees and Hedgerows; Policy 22: Water Environment
Quality; Policy 27: Sustainable Transport and Active Travel, Policy 29: Energy Infrastructure
Development; and Policy 31: Future Proofing for Heat Networks 
National Planning Framework 4 (NPF4) was approved by the Scottish Parliament on the
11th January 2023 and is a material consideration for any planning application. 
2. Consultations and Representations 
Neighbour notification was carried out and the application was advertised.  There have been
158 objections, 1 representation of support and 3 neutral representations. The objections
can be summarised as follows: 
1. Principle - The site should not have been allocated in the LDP. There is no need for
private houses in the village as shown in the assessment carried out for the LDP. Social
housing should be provided. A brownfield site should be considered. The changes since the
adoption of the LDP, including the pandemic and the allocation of Hunterston as a national
development site, means the allocation is no longer supportable. There are other sites
around the edge of the village which are considered more suitable. A site on the east side of
the A78 would avoid traffic issues. 
The LDP states that development outwith boundaries of villages will be resisted. The
proposal does not meet the Countryside Objective of the LDP. The development of the land
would not meet other policies in the LDP. A site at Meadowfoot Road was refused for
houses and the same reasons apply here. The land is prime agricultural land. The proposal
is only to allow the Council to collect more tax revenue. 
The proposal does not accord with the Planning (Scotland) Act 2019 which says open space
strategies are required nor does it accord with NPF4 which requires an 'infrastructure first'
approach to community development. 
12

Page 13

Many objections make reference to what are considered conditions imposed by the Scottish
Government's Reporter when allocating the site in the LDP. 
Response: The site has been allocated as suitable for housing. The LDP was examined by
the Scottish Government and the site was included in the LDP having been considered
appropriate through that process. The Council adopted the LDP in November 2019. As such
the principle of houses on this site has been established and the development must
therefore be determined against the relevant policies of the LDP. The Countryside Objective
is not relevant to an allocated housing site. The proposal is considered against NPF4 below. 
2. Density/Layout - The number of units and density proposed is out of keeping with the
location. The LDP identifies around 175 units as being suitable and this application seeks
220, a 25% increase. A number of units should be removed. There would be areas of
cramped development. This proposal could add an additional 1000 residents to the village.
The scale is out of keeping with the village. The layout will give the appearance of a
bolted-on development. 
The proposed rear boundaries with Wild Cat Lane will have a negative impact on this local
walking route. The building line on the east does not respect the properties to the south. The
easternmost plots should be removed, and a landscape buffer introduced to create a more
welcoming site and reduce the density. The easternmost houses appear too close to the
road. 
There is insufficient landscaping and greenspace proposed. There is no community space
proposed. The layout does not make the most of the views i.e., to the west, whilst blocking
the view from the existing village. The views of Arran within the site are limited to points
around the SUDs pond and properties on the western side only. 
NatureScot, in relation to the allocation of the site in the LDP, advise that a poorly designed
development could have adverse impacts on local landscape character and setting. The
layout will impact on the privacy of the properties to the south. 
Response: The capacity identified in the LDP is indicative only and this application must be
considered on its merits. It is noted that a density of approx. 20.55units per hectare for this
site is comparable to the Montgomerie View development at the southern end of the village
(20.5units per hectare), built in the last few years. It is not considered the scale or density of
the development is out of keeping with settlement. 
The proposal for rear boundaries to Wild Cat Lane have been removed. The layout has
been amended with none of the houses backing onto Wild Cat Lane. The amendments have
also facilitated views through the site east/west to maintain views towards Arran from the
A78. The layout, including impact on adjacent houses, and landscaping is considered more
fully below. However, it is considered appropriate to have houses on the eastern side facing
onto the road. 
3. Design - The proposed finishes and design are not in keeping with the rest of West
Kilbride. Buff and red brick are not common features. Given the location a blonde tone brick
and darker roof finish would have a better appearance. The designs do not take cues from
the vernacular of the village. 
13

Page 14

This is a very prominent location. The house designs are out of keeping with the adjacent
houses which are typically older and have unique architectural design. The houses should
be 1.5 storey as a maximum. The house designs as proposed are incongruous and not
distinctive. The designs appear more suited to an urban location than a countryside edge.
The design of the houses is standard with no account of the area. 
Response: The finishes and house types have been amended to include a wider range of
materials and the introduction of 1.5 storey house types. These issues are considered more
fully below. 
4. Access/Roads - The A78 is extremely busy at certain times, and it can be very difficult to
join from side roads. Pedestrians can struggle to cross the road. The proposal would more
than triple the number of vehicles using Summerlea Road which is already a busy junction.
The submitted transport assessment is incorrect and contradictory. The A78 is unsafe and
there should be no development at this location in principle. 
The new access onto the A78 is considered to be in the wrong place. The proposed 'ghost
lane' is inadequate. The proposed cycle path does not link to any other cycle-friendly routes.
Wild Cat Lane is a narrow unpaved path. The proposed junctions will exacerbate problems
on the road network. A roundabout at Portencross Road/Snowdon Terrace would be a
better solution. 
The main access should be from Portencross Road. That road should be widened with
traffic signals at the crossroads with the A78. The 30mph zone the A78 should be extended
with further speed restrictions. A 30mph speed limit should be imposed on Portencross
Road. No construction traffic should use Summerlea Road and there should be no off-site
parking of construction vehicles. 
Response: As above, the principle of development has been established. Changes to the
A78 would be a matter for Transport Scotland. Both Transport Scotland and NAC Active
Travel and Transportation have no objection to the proposal. Their responses are set out
more fully below. It is considered there is sufficient space within the site for construction
traffic. However, a Construction Traffic Management Plan could be required by condition.
Any illegal or dangerous parking associated with the development would be a matter for the
Police and/or the relevant Roads Authority. 
5.  Public Transport/Active Travel - The village is poorly served by public transport. Car
parking in the village is very difficult and the development would exacerbate this matter.
There is no extra capacity for parking at the train station. It is not considered occupants of
the site will wish to cross the road by foot and walk-up hill to the village services, including
the primary school which already has parking issues. A contribution by the developer
towards parking provision should be made. The current bus times do not connect properly
with the train service. 
Portencross Road crossroads and the A78 to the immediate north and south are seriously
hazardous.  A traffic controlled pedestrian crossing at Portencross Road crossroads is
already required. 
Response: The comments about existing public transport are noted. However, the site is
adjacent to existing bus stops and within 20minutes walk of the train station. The site is
some 500m from the town centre of West Kilbride. NAC Active Travel and Transportation
14

Page 15

has no objection in respect of the proposed parking. A pedestrian crossing of the A78 could
be required by condition of any permission. 
6. Education - The school is operating to capacity and cannot deal with an increased
number of children from 220 units. There is no secondary school in the area. Nursey
provision is inadequate. The Education Impact Assessment appears to criticise the
Council's calculations in order to justify the plans and diminish any contribution. No
application should be considered until a contribution to the primary school is agreed.   
Response: NAC Education has been consulted and has confirmed that the primary school is
not at capacity. However, it is acknowledged that the school will require works to upgrade
future capacity. A contribution towards this upgrade could be secured through a legal
agreement if planning permission is granted. 
7. Village Services - The doctors' surgery and dentist service is very poor, and the
development would adversely affect these services. Other services such as sewerage and
emergency services are inadequate. Green spaces within the village have suffered due to
overuse. The developer should contribute to infrastructure outwith the influence of the
proposed development. The developer should keep adjacent properties advised of the
progress of any works. 
Response: The principle of the development has been assessed through the LDP allocation
and found to be acceptable, subject to a consideration of impact on school capacity.
Scottish Water has confirmed that there is sufficient wastewater capacity. The NHS has
confirmed the village medical practice is not closed to further registrations. Interactions
between the developer and residents through construction is not a material consideration
for this application. However, the applicant has been made aware of the concern and should
any statutory nuisance occur during construction NAC Environmental Health has power to
take action as appropriate. 
8. Environment - Loss of trees and destruction of habitat. The site is used by a wide variety
of animal life. No details of tree protection.  The site should be left as an area of natural
beauty. The land has value to the village in terms of amenity and health benefits. Has an EIA
been carried out? This is quality arable land and should not be lost. Gas boilers are not
sustainable and renewable heat sources should be invested in. The loss of the space will
have an impact on the physical and mental health of residents. Some trees on Wildcat Lane
were planted as memorials. 
Response: Details of tree works has been provided. Ninety trees are identified within or
adjacent to the site. These are along the northern side of Summerlea Road and Wild Cat
Lane. The development would require the removal of 8 trees and a further 6 trees require
further investigations. Any permission could be subject to conditions requiring confirmation
of proposed tree works and details of tree protections for the other trees. Trees in this area
are also now subject to a provisional Tree Preservation Order and the Council will retain
control over works to these trees if the TPO is confirmed. 
The proposal was screened for EIA, and it was considered that an EIA was not required.
However, a Preliminary Ecological Appraisal was required. Such an appraisal has been
carried out and there is no evidence of any habitat or species of particular conservation note
or rarity. Policy 29 of the LDP requires a developer of new houses to provide information as
15

Page 16

to how the development will utilise low and zero and carbon technologies and this can be
secured by condition if permission is granted. 
9. Flooding - The proposal will add to flooding problems. There will be nowhere for water to
run off from flooded roads. Some local residences have septic tanks which empty into the
burn at Wild Cat Lane. It is not clear what will happen to this burn. The burn should be
protected and not contaminated. 
Response: The site is not identified by SEPA as being prone to river or coastal flooding. The
very north-western boundary with Wild Cat Lane is identified as potentially susceptible to
surface water flooding. This area would not be developed being a buffer between the
nearest houses and Wild Cat Lane. The nearest houses would sit some 2.5m above the
boundary with Wild Cat Lane. Surface water from the development would be stored in a
SuDS basin which would then drain to the burn. NAC Flooding has no objection to the
proposal and details to confirm drainage could be added to any permission. 
10. Affordability - Affordable homes are required as are smaller house types. Eleven 2
bedroom houses out of 220 is considered inadequate. Smaller houses are needed to reflect
the ageing profile of the population. 
Response: There is no requirement for affordable houses within the Local Development
Plan. Through the design changes to the site, the housing mix now comprises twenty
2-bedroom houses, sixty 4-bedroom houses and one-hundred and forty 3-bedroom houses. 
11. Economic - There will be negligible local economic benefit. Any construction workers will
have to be brought in from elsewhere. The reputation of the builder does not inspire
confidence. This model of housebuilding brings nothing to local communities. The site could
take many years to complete. Construction practices should be controlled to ensure quality
and minimise impact on neighbours. The view of Arran will be lost, which will be detrimental
to tourism. 
Response: It is not considered the development will significantly impact tourism in the area.
The reputation of an applicant is not material to a planning application. NAC Environmental
Health has power to take action against any statutory nuisance during construction works. 
12. Process - The plans were announced prior to Christmas which is considered was
deliberate to ensure most people would be distracted. The consultation carried out by the
applicant was a farce. 
Response: The pre-application process carried out by the applicant met the statutory
requirements of that time. There is no restriction on when a planning application may be
submitted. 
The comment in support of the development can be summarised as follows: 
1. Great to see investment in the area. The revenue from new properties will help local
services. Hope the site is of a quality to match the Hope Homes development. 
Response: The revenue from such development is not a material planning consideration.
The design and layout etc. are considered below. 
16

Page 17

The neutral representations can be summarised as follows: 
1. Not against the principle of development but consider the proposed level will have an
impact on local services. 
Response: The principle of the development has been assessed through the LDP allocation
and found to be acceptable, subject to a consideration of impact on school capacity. 
2. The West Kilbride Golf Club would like assurances that there will be no flooding issues
affecting their site. Any issues which do arise should be addressed immediately with no
expense to the club. Details of likely discharge into the watercourse across the club land are
sought. Should an emergency outflow to the sea be required? 
Response: Noted. Details of drainage could be secured by condition should permission be
granted. In terms of effect on neighbouring land this would be a private legal matter.
However, the applicant has been made aware of these concerns and advised to contact the
Club should permission be granted. 
Consultations 
West Kilbride Community Council (WKCC) - Object to the proposal. The units are a
significant increase on the capacity in the LDP. It is claimed by the applicant that this is to
provide 2-bedroom houses. However, only 11 such houses are provided. The density of
housing is 9.6per acre but the northern portion is as high as 11 per acre. The design of the
houses is not in keeping with the area. Building should be low rise to respect views of the
Clyde. If approved, no amendments to house type should be permitted.   
The Reporter considering the LDP stated that landscaping should be carefully considered to
respect public views across the Clyde and screening to local residents. NatureScot stated
that poorly designed development could have adverse impact on local landscape character
and setting and could impact coastal views towards Arran. 
Any developer should contribute to local infrastructure outwith the site and should financially
contribute to education contribution without any conditions. The A78 at the proposed access
is susceptible to flooding and the burn which is piped through the fields appears to be cut off.
No confirmation that the burn can take the runoff from the SUDs pond has been provided. It
is also not clear if the existing sewers can cope. No landscaping for the eastern boundary is
proposed. The existing trees on site should be retained. The electricity substation is not
shown on the plans. 
The traffic surveys would have been carried out when numbers were reduced due to the
pandemic. There is likely to be 400 traffic movements a day during construction. A
controlled crossing at this point would not be acceptable as it is within 50m of a
de-restriction speed sign. A ghost island would similarly be unsuitable. Any traffic lights
would have a significant effect on traffic on the A78. No access should be taken from the
A78 or Summerlea Road. The access should be from Portencross Road. No construction
traffic should be parked on Summerlea Road. 
The Health Impact Assessment does not accurately reflect the increase in West Kilbride's
population. Other Local Authorities have put a moratorium on new houses until the health
service can deal with any increase. 
17

Page 18

Following changes to layout, WKCC consider the fundamental issue of crossing the A78
has not been addressed. There is no room on the eastern side of the A78 for a footpath.
They do not consider the physical dimensions of the road have been checked. Any crossing
near the junction of the A78 and B7048 would be dangerous. Extending the 30mph zone is
unacceptable and could only be done by Transport Scotland. 
If permission is to be granted, the following conditions should be considered by the Planning
Committee: i) a construction management plan including no construction traffic from
Summerlea Road, ii) tree protection during construction, iii) measures for controlling dust
during construction; iv) a transport movement plan, agreement with Roads Authorities
regarding crossings; v) measures for controlling noise during construction; vi) hours of
construction to be restricted to minimise disturbance; vii) confirmation that the Wild Cat burn
will not be cut off, viii) all existing drainage to Wild Cat burn to be maintained; ix) all issues
road safety issues to be taken into account; and x) contractor to issue monthly newsletter to
adjacent properties 
Response: As outlined above, the design has changed through the application process. The
layout has changed to introduce through views to the coast and Arran. There are now
twenty 2-bedroom houses and 1.5 storey properties, and a wider mix of materials have been
introduced. The proposed density of the site is 20.55 units per hectare, or 8.3units per acre.
These units are considered more fully below. Future amendments to house types, if any
were sought, would have to be considered on their own merits at that time. 
A contribution to the impact on the primary school could be sought through a legal
agreement. NAC Flooding has no objection to the proposal and details of the SuDS scheme
could be confirmed by condition. Scottish Water has no objection. The works to trees are
considered below. 
NAC Active Travel and Transportation and Transport Scotland have no objections.
Transport Scotland required further survey work to be carried out by the applicant. The NHS
has confirmed the local medical practice is open to further registrations. 
In terms of conditions, any attached to a planning permission must meet the tests set out in
the Scottish Government’s Planning Circular 4/1998 i.e., they must be necessary, relevant
to planning, relevant to the development, enforceable, precise, and reasonable in all other
respects. Conditions should not duplicate the effect of other legislation. 
Recommended conditions are set out below. It is considered that points i) – iv) raised by
WKCC are covered by the conditions. Points vii) and viii) can be addressed in the conditions
relating to drainage and flood management. Points v) and vi) are considered to be controlled
by environmental legislation under which NAC Environmental Health can take action. As
such these are not considered relevant to planning and would duplicate other legislation.
Point ix) is addressed as part of the consideration of public comments above. Point x) is not
relevant to planning. However, the developer has stated that they are willing to issue
monthly development updates to WKCC or a representative of their choice ahead of their
meetings. This would be a private matter between the WKCC and the developer. 
Scottish Water - No objections. There is current sufficient capacity at the local water
treatment works and for a foul connection. The applicant is advised to engage with Scottish
Water.
18

Page 19

Response: Noted 
West of Scotland Archaeology Service - consider that the site lies in landscape
populated with recorded archaeological sites. The site contains traces of cultivation remains
in the form of rig and furrow and abuts an area of recorded prehistoric cropmarks. There is a
good chance of unearthing visible or buried unrecorded remains. 
It is suggested that if permission is granted, a condition should be imposed which required
the submission of a scheme of investigation to be agreed. Any development should
thereafter be carried out in accordance with such a scheme. 
Response: Noted. Such a condition could be added to any permission. 
NAC Flooding - No objections. There is a limited degree of surface water flooding on the
edge of the site. The applicant has submitted an acceptable flood risk assessment. If
permission is granted, then conditions should be imposed relating to: details addressing
run-off entering the north-east corner of the site; an assessment of flood risk from the
proposed surface water infrastructure; detailed design of the SuDS basin; confirmation of
ground levels for the western side; and full details of water quality treatment measures. 
Response: Noted. Conditions could be attached to any permission requiring such relevant
details to be submitted. 
Transport Scotland - No objections subject to conditions. The development shall not
commence until a detailed design of the access onto the A78 and alterations to the
geometry of the road, is submitted to the Council and Transport Scotland for approval. Any
scheme approved will thereafter be carried out in accordance with any details approved.
Details of a signal-controlled pedestrian crossing and of any footpath between the crossing
and the junction with Portencross Road as well as an uncontrolled crossing must also be
submitted and approved. These must be constructed prior to occupation of the
development. A Travel Plan that sets out proposal for reducing dependency on the private
car shall also be submitted as should details of the boundary treatments with the A78. A
Construction Traffic Management Plan shall be submitted and details of what that should
include are given. Details of street lighting should also be provided. 
Response: Noted. The requirements of Transport Scotland could be governed by condition.
In respect of the street lighting within the site that would be a matter for the required Roads
Construction Consent and not a matter for the planning application. 
NAC Regeneration (Active Travel and Transport) - No objection. The final location of the
crossing of the A78 should be agreed with Transport Scotland. It is recommended that the
30mph speed limit on the A78 be extended to the north so that the crossing can be close to
the junction with the B7048, this would then require amended footpaths within the site. It is
considered that the change of speed limit could be a condition of any planning permission. If
this cannot be achieved, then the crossing should be constructed as shown. It is also
considered that a condition should be attached requiring the widening of the existing
footway on the B7048 from the A78 to No. 30 Portencross Road. 
Response: A condition relating to pavement widening of B7048 could be attached to any
permission. However, the change of the 30mph zone for the A78 is not a planning issue and
19

Page 20

cannot be controlled through the planning permission. It would be a matter for Transport
Scotland as Trunk Road Authority. The requirement for a crossing for the A78 could be
governed by condition and could allow Transport Scotland to consider the position and enter
into discussions with the developer in respect of the speed limit. 
NAC Environmental Health - No objections subject to conditions. A desk study of likely
contamination should be carried out with appropriate investigation and remediation if
required. Any unsuspected contamination found during works shall be brought to the
attention of Environment Health. The proposed dust mitigation measures should be
included in Construction Environmental Management Plan (CEMP). The CEMP should be
submitted for prior approval of the Council. The contents of the Air Quality Impact
Assessment are noted and that it was prepared for 264 units and not 220 units. Advice on
construction time and methods is provided to the applicant. 
Response: Noted.  A condition regarding contamination could be added to any permission,
if granted, as could a condition relating to dust. Environmental Health can take action
against any statutory nuisance regardless of the planning position. 
NAC Education -A forecast of 68 children being generated from the development. This is
calculated at 0.31 children per house. The applicant's report which claims this will fall to 0.11
children per house following the first cohort is noted. However, NAC Education use 0.31 as
the average. This is based on knowledge of the wider area. For example, there are currently
0.45 children being generated by the completed development at Montgomerie Park, Irvine
and 0.5 children at Tarryholme, Irvine. 
West Kilbride Primary has a maximum capacity of 437 pupils. That would be 100%
occupancy. Capacity has been reduced to 410 pupils to reflect the operational difficulties
should capacity rise above 90%. The school requires 3 General Purpose (GP) spaces.
There are currently 3 at West Kilbride, namely the music room, AV room and library. 
It remains NAC Education's position that 2 additional classrooms will be required to bring
the primary school to an 18-class structure, to accommodate the children from this
development. An additional hall to adequately provide PE and lunches for this number of
classes would be required. This would allow the school to continue to operate with the
existing GP rooms. 
Response: Noted. The applicants have submitted their own Education Impact Assessment
which recognises a contribution to mitigate the impact on the primary school is required. The
extent of the impact differs between the applicants and NAC Education. However, if
permission is granted it could be subject to a S.75 Legal Agreement to contribute to the
requirements of the primary school. This would allow the Council and applicant to continue
discussions on the nature and extent of any contribution. Planning permission would not be
issued unless and until such an Agreement is made. 
NHS - Confirmed that the local medical practice has not been closed for new patient
registrations. The NHS Primary Care Team works closely with the practice on any issues
raised by patients. 
Response: Noted. 
20

Page 21

3. Analysis 
All planning applications are required by the Planning Acts to be determined with regard to
the provisions of the development plan, so far as material to the application, and to any
other material considerations. It is considered that the main considerations for this
application are therefore the North Ayrshire Council Local Development Plan (LDP) adopted
November 2019 and the Scottish Government's National Planning Framework 4 (NPF4). 
It is considered that the LDP and NPF4 are broadly similar. NPF4 has 33 policies on a wide
range of considerations. In respect of this application, it is considered that the relevant
polices of NPF4 are Policies 1, 2 and 3, which relate to sustainable places; Policy 6, which
relates to trees; Policy 13, which relates to sustainable transport; Policies 14 and 15, which
relate to liveable spaces; Policy 16 which relates to providing quality homes; Policy 18 which
relates to an infrastructure first approach;  Policy 21 which relates to opportunities for play;
and Policy 24 which relates to digital infrastructure. 
The site is allocated as a Housing Site in the LDP. Strategic Policy 1 states that the Council
wants to direct the right development to the right place. It also states that developer
contributions will be required where any identified capacity issues arise. Policy 1 states that
residential development will be supported in principle on Housing Sites. 
The site has an indicative capacity for 175 homes in the LDP. However, it is not considered
that the proposal for 220 homes is excessive, and the layout of the proposal is assessed
below. The site layout proposes a density of some 20.55 units per hectare, which is similar
to the most recent development of this scale in West Kilbride, Montgomerie View, which is
also accessed off the A78. 
The site is identified in the LDP as requiring an Education Impact Assessment. This
Assessment has been carried out and the applicant recognises the impact of the proposal
on the local primary school. NAC Education has stated that a contribution to the school
would be required. The level of contribution would be a matter for agreement, and this could
be secured through a S.75 Legal Agreement, and would be agreed between the Council
and applicant, if permission is granted. The permission would not be issued unless and until
such an Agreement had been made. 
The applicant has also produced a statement, as a requirement of Policy 16 of NPF4,
explaining the contribution of the development to local housing, again acknowledging the
need to contribute to the local school infrastructure and the provision of play space which
will be accessible to all. This is noted. 
Subject to such a Legal Agreement, the proposal is considered to accord with Strategic
Policy 1 and Policy 1 of the LDP and the principle of development for residential purposes is
therefore acceptable. As the site is allocated in the LDP and the required statement has
been provided, the proposal also accords with Policy 16 of NPF4. As a need for a
contribution to the local school is identified, the proposal, subject to a Legal Agreement, also
accords with Policy 18 of NPF4.   
Strategic Policy 2 of the LDP sets out the six qualities of a successful place: distinctive, safe
and pleasant, resource efficient, welcoming, adaptable, easy to move around and beyond.
NPF4 also embodies the six qualities of a successful place in planning policies. The NPF4
wording is slightly different. However, it is considered they are similar to Strategic Policy 2. 
21

Page 22

Policy 22 of the LDP states that development will be required to ensure no unacceptable
adverse impact on the water environment. Development should ensure that appropriately
sized buffer strips are maintained between the built and water environments. 
Policy 26 of the LDP states that the Council will encourage the provision of digital
infrastructure to new homes. 
The proposal includes open space within the site and along both the western edge and
northern end of the site, including play space. There would be smaller areas adjacent to
public footpaths and the SuDS basin. The open space accounts for approx. 16.5% of the
total site. The houses would be a mainly two storeys although there would be one and half
storey properties along the northern and eastern boundaries. The landscaping strategy
would be to retain existing trees where possible and plant trees throughout the streetscene. 
Open space and public facing front gardens would be edged with hedges. Play areas would
be a mix of formal equipment and natural landscaping. 
The layout of the site has been redesigned through negotiation with Planning Officers. The
site would have a principal access on the eastern side, from the A78. There would be a
secondary access on the southern boundary, from Summerlea Road. The site would be
largely aligned east/west with houses facing outwards on all edges of the site. The
east/west roads would provide views through the site and from the exiting settlement
towards the coast and Isle of Arran. The housing on the edge would ensure the
development faced the existing road and path network and ensured a welcoming
appearance. The centre of the site would have a mixture of detached and terrace houses
facing onto a green open space. This would be split in two by the principal access road. The
road would have a landscape feature. 
The southern boundary would have detached houses in larger plots facing onto Summerlea
Road, which reflects the settlement pattern on the opposite side of that road. Two properties
would have private drives off that road whilst the other eleven proposed properties would
share three accesses. To the immediate north would be rows of similar houses with open
space and a play area. 
The western side of the site would principally have detached houses facing west, which
would provide an open boundary between the development and Wild Cat Lane. The
footpath links from the development to Wild Cat Lane would be provided at both the
northern and southern ends. Development on this side of the site would be some 16m from
the watercourse on the opposite side of Wild Cat Lane. NAC Flooding has no objection to
the drainage proposal submitted and further details could be governed condition. Footpath
links could be governed by condition to ensure they are provided prior to the occupation of
the closest houses. 
The northern boundary would also be open, which would create a landscaped area,
including play provision between the houses and the western side of the B7048. The houses
in this location would be one and half storey to limit any visual impact outwith the settlement.
The north-eastern corner would provide a landscaped buffer further softening the
appearance of the development when viewed on approach from the north. Details of the
landscaping and play areas could be governed by condition if permission is granted. 
22

Page 23

The eastern side of the site would have a mixed of detached, semi-detached and terraced
houses facing onto the A78. However, these properties would have no individual vehicular
access and would be accessed from within the site. There would be one and half storey
properties at the southern end to reflect the property types on the western side of the A78 to
the south. The property types to the north would be two storeys to reflect those on the
opposite side of the A78. The existing stone wall on the eastern boundary would be retained
and re-aligned at the access. Details of boundary treatments can be governed by condition
if permission is granted. 
As stated above the proposed houses would be of various sizes. The two storey properties
would mainly have pitched roofs with gable features. The one and half storey properties
would have gable dormer windows. There would be a mix of finishes with white render
predominating, with features such as buff-coloured cills and stone finishes for some
properties. Some properties would be finished in brick. Roof material would also vary with
grey and red tile proposed with properties being fitted with solar panels. It is noted that there
is a mix of such finishes within the area and the mix should provide visual interest
throughout the site. 
Each property is considered to have adequate garden space and there is not considered to
be any significant overshadowing or overlooking within the site. The development would be
some 25m from the nearest properties to the east and approx. 35m from the nearest
properties to the south. Given the distances it is not considered that the development would
result in any significant overlooking or overshadowing outwith the site. The properties would
be fitted with a fibre connection for communications access. 
Given all of the above, the proposal is considered to accord with the 'distinctive,' 'safe and
pleasant,' 'welcoming' and 'adaptable' qualities of Strategic Policy 2. Given the separation
distance to the nearest watercourse, the proposal is also considered to accord with Policy
22 of the LDP. The proposal includes provision for play, both informal and with formal
equipment and as such accords with Policy 21 of NPF4. The provision of fibre connections
for communication access accords with Policy 26 of the LDP and Policy 24 of NPF4. 
Part of the southern boundary of the site is within a TPO. The application has assessed the
impact on these trees and also those on Wild Cat Lane, which are outwith the application
site. It is proposed to remove a total of 8 trees from a total of 90 specimens. Those to be
removed are at the positions of the proposed accesses at the western end of the southern
boundary. A further 6 trees, adjacent to those to be removed, are assessed as requiring
further investigation as works progress. It is considered that the impact of the works on the
wider tree coverage would be minimal, and the loss of the trees would not unduly impact on
amenity. As the trees requiring further assessment are within a TPO, the Council would
retain control over those trees. Any further works would require to be approved by the
Council. If permission is granted, tree protection measures during construction for the trees
to be retained could be required by condition. As above, landscaping including tree planting
is proposed and further details could be governed by condition. 
The site mainly comprises semi-improved grassland and cultivated land with some
scattered scrub. The scattered broadleaved trees on the edge are noted. The site is
considered to be essentially an arable farming habitat type. As such there is no evidence of
any species of particular conservation note or rarity. There is also no evidence of non-native
invasive species. The use of the field for foraging wildfowl is noted. However, it is unlikely to
be a priority location with better opportunities in other fields between West Kilbride and
23

Page 24

Hunterston. It is noted that there are approx. 290ha of similar habitat north of the site, west
of the A78 and south of Goldenbrry Hill alone. 
An ecological assessment with recommendations for biodiversity enhancement has been
submitted as part of the application. This includes recommendations for landscaping which
use native species and provision of hedgerow and scrub planting. Garden boundaries
should include base gaps for species movement. Trees on access roads can reduce bat
collision and bat and bird boxes should be installed. 
The biodiversity recommendations are noted and as details of landscaping and boundaries
are required by condition, they could include such recommendations to ensure
implementation. 
Given the above, it is considered the proposal accords with Policy 18 of the LDP. As
biodiversity can be enhanced and the tree cover of the area improved, it is also considered
the proposal accords with Policies 3 and 6 of NPF4. 
As stated above, the site was allocated in the LDP as suitable for housing. The site sits on
the western side of the A78 and is adjacent to existing bus stops. The site is some 500m
from the town centre and under 20mins walk from the train station. The proposal has been
designed to allow travel through and beyond the site with links to Wild Cat Lane and
Summerlea Road. From those locations access can be made to the coast across West
Kilbride Golf Course, to Portencross and beyond on the core path network. It is considered
the proposed parking is appropriate and the developer has provided information to
demonstrate bin collection can be carried out within the site. 
Transport Scotland and NAC Active Travel and Transportation have no objections. The
requirements of Transport Scotland with regard the accesses and crossing can be governed
by condition, if permission is granted. The requirements of NAC Active Travel and
Transportation, with respect to the non-trunk road network, can also be governed by
condition. Given the above the proposal is considered to accord with the 'easy to move
around and beyond' quality of Strategic Policy 2 and Policy 27 of the LDP and Policies 13
and 15 of NPF4. 
Policy 29 of the LDP states that proposals for all new buildings will be required to
demonstrate at least 10% of the current carbon emissions reduction set by Scottish Building
Standards will be met through the installation of low and zero-carbon generating
technologies. 
Policy 31 of the LDP states that the Council will support proposals for the creation or
enhancement of district heat networks. Proposals for 50 or more residential units which
would not result in the creation or enhancement of district heat networks should include:
provision for on-site heat recovery and re-use infrastructure; or a heat network generation
and distribution infrastructure plan; or demonstrable evidence that district heating or other
forms of renewable generation storage have been explored but are not feasible for technical
or economic reasons. 
The applicant has provided an Energy Statement which assessed the possibility of a heat
network. A heat network is considered unviable for technical reasons due to the proposal
being for a relatively low-density development next to other similar uses. There are no
large-scale heat sources in the area. Given the nature of the proposal and neighbouring
24

Page 25

houses, it is considered this assessment is reasonable and the proposal meets Policy 31 of
the LDP. 
The Energy Statement also sets out the energy efficiencies in house design. The layout of
the site has allowed for solar gain and energy generation from solar panels and maximising
shelter from prevailing winds. The proposed houses would fully comply with Scottish
Building Standards. The compliance with Building Standards is noted and as this would be a
matter through the Building Warrant process, it is considered appropriate to require details
to be confirmed by condition prior to the commencement of any development, if approved.
Subject to such a condition, the proposal is considered to accord with Policy 29 of the LDP. 
Given the above the proposal is also considered to meet the 'resource efficient' quality of
Strategic Policy 2. As all qualities of a successful place are met, the proposal also accords
with Policy 14 of 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 and on
conclusion of an Agreement under S.75 of the Town and Country Planning (Scotland) Act
1997, as amended, in relation to an education contribution. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. That prior to the commencement of the development, a written scheme of
investigation for a programme of archaeological works shall be submitted to the Council, as
Planning Authority, for written approval and agreement of the West of Scotland
Archaeological Service. Thereafter any programme of works as agreed will be carried out in
accordance with the written scheme to the satisfaction of the Council, as Planning Authority. 
Reason 
In recognition of the potential archaeological interest of the site. 
Condition 
2. That prior to the commencement of the development, a desk study of the site to
assess the likelihood of contamination and assist the design of an appropriate site
investigation and subsequent suitable risk assessment, including remediation proposals if
required, shall be undertaken. The study shall be verified by a suitably qualified
Environmental Consultant and shall be submitted to and approved by the Council, as
Planning Authority, prior to commencement of the development. 
Reason 
To ensure appropriate consideration is given to the likelihood of contamination of the
site. 
Condition
25

Page 26

3. That the presence of any significant unsuspected contamination that becomes
evident during the development of the site shall be brought to the attention of NAC
Environmental Health. Thereafter a suitable investigation strategy as agreed with North
Ayrshire Council shall be implemented and any necessary remediation works carried out
prior to any further development taking place on the site, all to the satisfaction of Council as
Planning Authority. 
Reason 
To ensure appropriate remediation of any unsuspected contamination which may be
uncovered during works. 
Condition 
4. On completion of the development, written verification detailing what was done by
way of any remediation shall be submitted to the Council, as Planning Authority. 
Reason 
To ensure appropriate record of any remediation works which may have been carried
out. 
Condition 
5. That prior to the commencement of the development, a Construction Environmental
Management Plan (CEMP) shall be submitted for the approval of the Council, as Planning
Authority. The CEMP shall include the proposed Dust Mitigation recommended in Appendix
6 of the Air Quality Impact Assessment report by ITPEnergised, Project No 4667 v1,
submitted as part of this application, dated 25th November 2021. The CEMP shall also
include a Construction Traffic Management Plan which will include details of construction
vehicle wheel washing. The development will be carried out in accordance with any CEMP
as may be approved. 
Reason 
To minimise impact from construction particularly in respect of dust and construction
traffic. 
Condition 
6. That prior to the commencement of the development, the detailed design for the
proposed access to the trunk road, shall be submitted to the Council, as Planning Authority,
for approval in consultation with Transport Scotland as the Trunk Roads Authority. Detailed
designs shall be to a standard compliant with DMRB CD 123. 
Reason 
To ensure appropriate access to the trunk road and to meet the requirements of
Transport Scotland, as Trunk Roads Authority. 
Condition 
7. There shall be no access to or from the A78 trunk road until the new access to the
trunk road has been constructed and completed in accordance with any details as approved
under Condition 6. For the avoidance of doubt no access for construction traffic shall be
taken from Summerlea Road. 
Reason
26

Page 27

To ensure appropriate access to the trunk road, allow the formation of a site
compound and to allow the development of the site in an appropriate manner. 
Condition 
8. That prior to the commencement of the development, details regarding the design for
the proposed geometric alterations to the A78/B7048 priority junction, shall be submitted to
and approved in writing by the Council, as Planning Authority, in consultation with Transport
Scotland as the Trunk Roads Authority. Any approved works shall be carried out prior to the
occupation of any part of the site. 
Reason 
To ensure appropriate alterations to the junction in the interests of road safety and to
meet the requirements of Transport Scotland, as Trunk Roads Authority. 
Condition 
9. That prior to the commencement of the development, detailed design and final
location for the proposed signal-controlled pedestrian crossing shall be submitted to the
Council, as Planning Authority, for approval in consultation with Transport Scotland as the
Trunk Roads Authority. Any crossing as may be approved shall be constructed prior to the
occupation of any part of the site. 
Reason 
To ensure an appropriate crossing in the interests of road safety and to meet the
requirements of Transport Scotland, as Trunk Roads Authority. 
Condition
10. That prior to the commencement of the development, detailed design of the A78
footway between the pedestrian crossing and the A78/B7048 junction shall be submitted to
the Council, as Planning Authority, for approval in consultation with Transport Scotland as
the Trunk Roads Authority. Any footway as may be approved shall be constructed prior to
the occupation of any part of the site. 
Reason 
To ensure an appropriate footway in the interests of road safety and to meet the
requirements of Transport Scotland, as Trunk Roads Authority. 
Condition
11. That prior to the commencement of the development, details regarding the design for
the proposed geometric alterations to the A78/Summerlea Road priority junction, shall be
submitted to and approved in writing by the Council, as Planning Authority, in consultation
with Transport Scotland as the Trunk Roads Authority. Any approved works shall be carried
out prior to the occupation of any part of the site. 
Reason 
To ensure appropriate alterations to the junction in the interests of road safety and to
meet the requirements of Transport Scotland, as Trunk Roads Authority. 
Condition
12. That prior to the commencement of the development, detailed design and final
location for the uncontrolled pedestrian crossing shall be submitted to the Council, as
Planning Authority, for approval in consultation with Transport Scotland as the Trunk Roads
27

Page 28

Authority. Any crossing as may be approved shall be constructed prior to the occupation of
any part of the site. 
Reason 
To ensure an appropriate crossing in the interests of road safety and to meet the
requirements of Transport Scotland, as Trunk Roads Authority. 
Condition
13. That prior to commencement of the development, a Phasing Plan shall be submitted
for approval by the Council, in consultation with Transport Scotland as the Trunk Roads
Authority. The development will thereafter be carried out in accordance with any phasing
plan as may be approved. 
Reason 
To allow the impact of the phasing of the works on the trunk road network to be
assessed and to meet the requirements of Transport Scotland, as Trunk Roads Authority. 
Condition
14. That prior to the occupation of any part of the development, a comprehensive Travel
Plan that sets out proposals for reducing dependency on the private car has been submitted
and approved by the Council, as Planning Authority, in consultation with Transport Scotland
as the Trunk Roads Authority. 
Reason 
To ensure travel to and from the site is considered fully to minimise vehicular traffic
movement and to meet the requirements of Transport Scotland, as Trunk Roads Authority. 
Condition
15. That prior to the commencement of the development details of all boundary
treatments both within and on the edges of the site shall be submitted to the Council, as
Planning Authority, for approval. Any boundary for the edge of the trunk road will be
approved in consultation with Transport Scotland. Any proposed new boundary treatments
shall include 13cm x 13cm gaps to allow animal movement. 
Reason 
To ensure appropriate boundary treatments in the interests of visual amenity, road
safety and biodiversity. 
Condition
16. That prior to the commencement of the development details of all existing and
proposed landscaping and play areas, including management and maintenance details,
shall be submitted to the Council, as Planning Authority, for approval. Landscaping shall
include the recommendations set out in Section 7, Paras 3 – 5 and 10 of the Ecological
Assessment report by JDC Ecology, submitted as part of this application, dated 1st
December 2021. 
Reason 
To ensure appropriate landscaping and play areas in the interest of amenity and
biodiversity. 
Condition
28

Page 29

17. That any landscaping scheme as may be approved under Condition 16 shall be
carried out in the first planting season following completion or occupation of the houses
within the relevant phases approved under condition 13, whichever is soonest, or unless
otherwise agreed in writing by the Council, as Planning Authority. Any trees or plants which,
within a period of five years from the completion of the development die, are removed or
become seriously damaged or diseased shall be replaced in the next planting season with
others of a similar size and species, unless the Council, as Planning Authority, gives written
consent to any variation. 
Reason 
To ensure an appropriate landscaping scheme in the interests of visual amenity and
biodiversity. 
Condition
18. That the any play area for the southern end of the site approved under Condition 16
shall be erected and available for use prior to the occupation of any houses on Plots 19 to 26
or Plots 56 to 64 unless otherwise agreed in writing by the Council, as Planning Authority. 
Reason 
To ensure timely provision of play areas. 
Condition
19. That the any play area for the northern end of the site approved under Condition 16
shall be erected and available for use prior to the occupation of any houses on Plots 181 to
189 or Plots 201 to 204 unless otherwise agreed in writing by the Council, as Planning
Authority. 
Reason 
To ensure timely provision of play areas. 
Condition
20. That prior to the commencement of the development details of tree protection
measures during construction shall be submitted to the Council, as Planning Authority. The
details should conform with BS 5837. Prior to the commencement of plots 44-52 an
Arboricultural Impact Assessment to agree driveway positions n is to be submitted to and
approved by the Council, as Planning Authority. Any details as may be approved will be
implemented prior to the commencement of any works. 
Reason 
To ensure adequate protection of trees during construction. 
Condition
21. That prior to the commencement of the development details of footway widening on
the B7048 to a minimum of 2m, unless otherwise agreed in writing with the Council, as
Planning Authority, from the junction of the A78 to No. 30 Portencross Road shall be
submitted to the Council, as Planning Authority, for approval. Any details as may be
approved shall be carried out prior to the occupation of the development. 
Reason 
To ensure appropriate footway links between the site and the eastern end of the
B7048
29

Page 30

Condition
22. That prior to the commencement of the development, details of measures to address
the runoff entering the northeast corner of the site from the A78 and B7048 road junction are
submitted to the Council, as Planning Authority, for approval. Thereafter the development
will be carried out in accordance with any details as may be approved. 
Reason 
To ensure appropriate consideration of the potential for runoff from the road network
into the north-eastern corner of the site. 
Condition
23. That prior to the commencement of the development, an appropriately detailed
drainage assessment identifying any potential flood risk from the proposed surface water
infrastructure at times up to and including the 1 in 200 year the critical storm event (plus
climate change and urban creep allowances) shall be submitted to the Council, as Planning
Authority, for approval. Where flood risk is confirmed, flood flow-paths should be designed
and maintained to disperse exceedance flows to the water environment without affecting
people and property during times of intense rainfall. Such flood flow-paths should be
provided for approval prior to the commencement of the development. 
Reason 
To ensure flood risk from the surface water drainage infrastructure is appropriately
assessed and flood flow-paths designed where necessary, in the interest of the proper
drainage of the site. 
Condition
24. That prior to the commencement of the development, the detailed design of the
SuDS basin shall be provided to the Council, as Planning Authority, for approval. This
should include measures such as a section of reduced crest level that would control
overtopping when the holding capacity of the basin is exceeded, either during periods of
intense rainfall or when the outfall is blocked. Thereafter the development will be carried out
in accordance with any details as may be approved. 
Reason 
To ensure the SuDS basin is appropriately designed to mitigate intense rainfall or
outfall blockage. 
Condition
25. That prior to the commencement of the development, details of the site levels for the
western side of the site shall be submitted to the Council, as Planning Authority, for
approval. Thereafter the development will be carried out in accordance with any details as
may be approved. 
Reason 
To ensure the western side of the development will not impact on the area of existing
flood risk. 
Condition
26. That prior to the commencement of the development, full details of water quality
treatment measures are submitted to the Council, as Planning Authority, for approval.
30

Page 31

Thereafter the development will be carried out in accordance with any details as may be
approved. 
Reason 
To ensure appropriate water quality treatment measures 
Condition
27. That the footpath links on the eastern side of the site shall be formed and open prior
to the occupation of the adjacent house. The footpath link on the southern side of the site
shall be formed and open prior to the occupation of Plot 53. The footpath link on the
southern side of the western side of the site shall be formed and open prior to the
occupation of Plots 190 and 191. The footpath link on the northern end of the western side
of the site shall be formed and open prior to the occupation of Plot 153. 
Reason 
To ensure timely footpath connections in the interests of active travel links from the
site. 
Condition
28. That, prior to the commencement of the development hereby approved, a statement
containing details of the heat and power systems for the houses, which shall include low or
zero carbon technologies to demonstrate that at least 10% of the current carbon emissions
reduction set by Scottish Building Standards will be met, shall be submitted for the written
approval of the Council, as Planning Authority. Thereafter, the development shall be
implemented in accordance with such details as may be approved unless otherwise agreed
in writing with the Council, as Planning Authority. 
Reason 
In the interests of environmental protection in accordance with Policy 29 of the
adopted Local Development Plan. 
Condition
29. That prior to the commencement of the development hereby approved, the developer
shall provide full details of the proposed finishing materials for the written approval of North
Ayrshire Council as Planning Authority. Thereafter, the development shall progress in
accordance with such details as may be approved. 
Reason 
In order to ensure that the finishing materials are high quality and attractive; in the
interest of the visual amenity of the area. 
James Miller 
Chief Planning Officer           
For further information please contact Mr Iain Davies on 01294 324320 
31

Page 32

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. 
32

Page 33

NORTH AYRSHIRE COUNCIL 
25th January 2023                                                                                                                                                            
Planning Committee 
Locality  Isle of Arran
Reference 22/00890/PPP
Application Registered 16th November 2022
Decision Due 16th January 2023
Ward Arran 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Site To North Of Kirn Point Newton Road Lochranza
Brodick Ayrshire 
Applicant  John Thomson Construction Ltd Fao Mr Benjamin
Cook 
Proposal  Planning Permission in Principle for four residential
plots and re-aligned access path
___________________________________________________________________ 
1. Description 
This application relates to a site at Newton Shore, on the north side of Loch Ranza.  This
application seeks planning permission in principle for four residential plots. 
The site extends to some 6080m2 and is roughly rectangular in shape, being 141m wide by
49m at its furthest extents.  It is relatively flat, undeveloped and overgrown with bracken.
The site is bounded by houses to both sides, Kilbranan to the north and Kiloran to the south,
by a rocky hillside to the east and by the foreshore of the Loch to the west.   
There is a trodden path through the middle of the site to the hillside to the rear, which is
recognised as a Right of Way and there is a hard surfaced area at the northwest corner of
the site which is used as an informal turning area for vehicles as the surfaced part of Newton
Road ends at the north of the site. It continues as an unsurfaced track to Newton Point.      
The submitted plans indicate four plots of roughly similar size and shape, each between
1460m2 and 1625m2 and with a frontage onto Newton Road.  The plans also indicate a
relocated upgraded public path between Plots 1 and 2 to replace the existing undefined
Right of Way.
Agenda Item 4
33

Page 34

The application relates to the principle of residential development only and therefore no
detailed design drawings have been submitted.  The application was supported by: 
- an Ecological Appraisal; 
- an initial Capacity Review from Scottish Water; and
- a Planning Statement 
The Ecological Appraisal was conducted by a reputable ecological consultancy agency,
Starling Learning.  The Report describes the site and the desk survey and field survey work
undertaken.  It surveyed for evidence of badgers, otters, red squirrels, bats, breeding birds
and other protected species.  No evidence was found other than a potential protected
structure which could be used by otters.  This resulted in further survey which found no
evidence of such use.  Two cameras were then set up for an eight-day period, but a
subsequent check of the footage recorded no use of the feature by otters.  The parts of the
report relating only to this potential otter use were redacted in the copy displayed on the
Planning website in line with common Planning practice to protect the whereabouts of
protected species and habitats. 
The Report concludes that there would be no significant adverse effects on protected
habitats provided that development is restricted to the lower-level ground and not the rocky
cliff to the rear. Although it did not find evidence of otter use at the time of survey, its
recommendations include further pre-construction checks for this and other species. 
The Scottish Water pre-application review confirmed that there is capacity for four houses to
be served by their water network. 
The Planning Statement describes the site and the previous planning history of the site.  It
the describes the proposed development of four houses following a linear development line
similar to the existing houses along Newton Road, several of which were previously built by
the applicants. It confirms that each plot would have its own access and off-street parking
and that subsequent planning applications for house designs are envisaged to be in
keeping with the scale, massing and appearance of the existing properties, with potentially
modern features to enhance natural light. It confirms that septic tanks and surface water
drainage details for each plot would be submitted with the subsequent detailed planning
applications, that passing places could be provided to the front of the plots and that the
existing hard surfaced turning area at the end of the road would be retained.  It states that
the public access across the site would be maintained by provision of a diverted path,
several metres form the existing unsurfaced trodden path and that BT have proposed
replacement of an existing overhead line along the length of the site with a new
underground line if development goes ahead. 
The Statement claims a strong need and demand for housing on Arran and recognises the
need for more affordable housing but does not consider that type of housing is feasible at
this particular site. 
The site is located within the General Urban Area of Lochranza, as identified within the
adopted 2019 North Ayrshire Local Development Plan ("the LDP") and is not subject to any
site-specific policies or proposals therein.  Lochranza is within the North Arran National
Scenic Area but there are no environmental or landscape protection designations affecting
34

Page 35

this site.  The boundary of the North Arran Special Landscape Area (SLA) and the North
Newton Shore Site of Special Scientific Interest (SSSI) is around 150m north of the
application site. 
In terms of the LDP, Strategic Policy 1: the Towns and Villages Objective; Strategic Policy 2:
Placemaking; Policy 15: Landscape and Seascape; Policy 16: Protection of our Designated
Sites; and Policy 29: Energy Infrastructure Development are relevant. 
In terms of planning history, planning application 02/00007/OPP for four houses at the site
was refused in 2002 as being contrary to the policies of the Local Development Plan as the
site was located in the countryside at that time and housing development was not
supported.  The refusal was upheld by the Scottish Executive Reporters Unit (ref:
PPP/310/066). 
The site was included within a revised boundary of Lochranza in the North Ayrshire Local
Development Plan, adopted in November 2019.  The inclusion of the site within the
boundary of Lochranza was accepted by the Scottish Government Reporter on examination
prior to the LDP being adopted. 
Relevant Development Plan Policies 
SP1 - Towns and Villages Objective
Towns and Villages Objective 
Our towns and villages are where most of our homes, jobs, community facilities, shops and
services are located. We want to continue to support our communities, businesses and
protect our natural environment by directing new development to our towns and villages as
shown in the Spatial Strategy. Within urban areas (within the settlement boundary), the LDP
identifies town centre locations, employment locations and areas of open space. Most of the
remaining area within settlements is shown as General Urban Area. Within the General
Urban Area, proposals for residential development will accord with the development plan in
principle, and applications will be assessed against the policies of the LDP. New
non-residential proposals will be assessed against policies of this LDP that relate to the
proposal. 
In principle, we will support development proposals within our towns and villages that: 
a) Support the social and economic functions of our town centres by adopting a town
centre first principle that directs major new development and investment to town
centre locations as a priority including supporting town centre living.
b) Provide the right new homes in the right places by working alongside the Local
Housing Strategy to deliver choice and variety in the housing stock, protecting land
for housing development to ensure we address housing need and demand within
North Ayrshire and by supporting innovative approaches to improving the volume
and speed of housing delivery.
c) Generate new employment opportunities by identifying a flexible range of business,
commercial and industrial areas to meet market demands including those that would
support key sector development at Hunterston and i3, Irvine.
d) Recognise the value of our built and natural environment by embedding placemaking
into our decision-making.
35

Page 36

e) Prioritise the re-use of brownfield land over greenfield land by supporting a range of
strategic developments that will deliver:
o regeneration of vacant and derelict land through its sustainable and productive
re-use, particularly at Ardrossan North Shore, harbour and marina areas,
Montgomerie Park (Irvine) and Lochshore (Kilbirnie).
o regeneration and conservation benefits, including securing the productive re-use of
Stoneyholm Mill (Kilbirnie) and supporting the Millport Conservation Area
Regeneration Scheme.
f) Support the delivery of regional partnerships such as the Ayrshire Growth Deal in
unlocking the economic potential of the Ayrshire region. 
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.
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
36

Page 37

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. 
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: 
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;
37

Page 38

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; 
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
38

Page 39

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 29 - Energy Infrastructure Development 
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.
39

Page 40

Public Safety
o Greenhouse gas emissions;
o Aviation and defence interests and seismological recording;
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. 
2. Consultations and Representations 
The statutory neighbour notification was carried out and the application was advertised in
the local press (Arran Banner). 
A total of 56 objections, 53 from individuals and 3 on behalf of groups (Lochranza and
Catacol Community Association, Arran Civic Trust and Community of Arran Seabed Trust),
and 2 expressions of support were received.   
The objections received largely raised similar points, which are summarised as follows: 
40

Page 41

1: HOUSING NEEDS.  Lochranza needs social and affordable housing not large properties
likely to be only affordable as second homes.  The Arran Estate has indicated it is unwilling
to donate a portion of land to the community to build affordable housing.   
RESPONSE: Not material to this application.  Each planning application requires to be
determined on its individual merits and this application relates only to the principle of
residential development.  There is no policy requirement in the LDP for every application to
address Affordable Housing needs.  Arran Estate is not the applicant or landowner in this
case, so this point is not material to this application. 
2: ACCESS/ROAD/PARKING.  Many cars use the road and turning area as a parking area
when visiting the geo-park and Arran Coastal Way to the north and it should be retained. 
The turning area should not be incorporated into a private house plot.  Access for
emergency vehicles must be provided. 
RESPONSE: Active Travel and Transportation was consulted as Roads Authority and the
response is in the following section of this report. 
3: ENVIRONMENT.  This is an area of unspoilt natural beauty.  The development would do
untold damage to an area teeming with flora, fauna and rare animal species.   
RESPONSE: A preliminary Ecological Report was submitted with the application and
NatureScot was consulted in this regard.  NS response is in the following section of this
report. 
4: ECOLOGICAL REPORT. Many sections of the report have been redacted. 
RESPONSE: Sections of the Report were redacted from public view where matters of
potential Protected Species Habitats are discussed, in line with standard Planning practice. 
The full text of the Report was available to NatureScot and Planning Services in the
consideration of the application proposal. 
5: TOURISM IMPACT.  Wildlife on Newton Shore is a big tourism attraction, and this would
be badly affected.   The site should be maintained without housing frontage 
RESPONSE: Not directly material to this application.  All development proposals require to
be assessed on their own merits and this application requires to be assessed as a housing
proposal.  As above, NatureScot was consulted on the application on potential wildlife
impacts.  There appears to be no directly quantifiable data on tourism visitor numbers to
Newton Shore upon which this objection is based. 
6: FLOOD RISK.  This would promote building in a flood risk area.  The site is already boggy
and may be at risk as global warming raises sea levels.  It is also unclear whether surface
water discharge to the loch from the development would be acceptable. 
RESPONSE:  SEPA and Flooding Services were consulted on the application and the
responses are in the following section of this report.  There were no objections, subject to
planning conditions requiring further details on drainage and flood defence to be submitted
with the submitted detailed planning applications before any development could take place. 
Such conditions could be applied to any approval. 
41

Page 42

7: PREVIOUS PLANNING REFUSAL.  In 2004, planning permission for further housing at
this site was refused by the Scottish Government.  Nothing has changed since the original
refusal.  At that time, the planning department confirmed that no further 'ribbon
development' would be allowed along Newton Road. 
RESPONSE: A previous refusal of outline planning permission (02/00007/OPP) by North
Ayrshire Council was upheld by the Scottish Government (then Scottish Executive)
Reporters as the site was then in the countryside area and housing development did not
accord with the then Isle of Arran Local Plan.  The Local Plan has since been replaced
several times and the site is now within the identified settlement boundary of Lochranza in
the Adopted North Ayrshire Council Local Development Plan.  This is a material change
since that previous refusal and the current application must be assessed on its merits. 
8: SCALE AND DESIGN: Four large new villas are not needed in the area.  The extensive
landscape glazing proposed is not in keeping with local rural properties. 
RESPONSE:  Not a material consideration.  This application relates to the principle of
residential development only and no detailed design proposals have been submitted. 
9: RIGHT OF WAY.  This is an important link and should not be moved 15 m to allow a
private house. 
RESPONSE:  The Access Officer in Active Travel and Transport was consulted in this
regard and the response is in the following section of this report. 
10: ALTERNATIVE DEVELOPMENT.  The site was previously considered unsuitable for
Affordable Housing due to the distance from public transport/main road. If it has to be built
on, perhaps a small care home would be more suitable for the site and local community
needs. 
RESPONSE:  The site is within the settlement boundary in the LDP and proposals for
residential development must therefore be considered on their merits, as submitted. Other
forms of development would be a private commercial matter for the landowner/developer
and not a material planning consideration. 
11: DEVELOPER MOTIVATION.  This proposal would not improve Lochranza and appears
to be motivated only by the private commercial interests of the developer. 
RESPONSE: All development proposals must be assessed against the Local Development
Plan and any other material considerations.  Notwithstanding this, private financial interests
of any individual or developer are rarely considered a material consideration to outweigh
other material planning matters. 
12:  WATER SUPPLY.  Potential impact of development on water supply to properties at
High Newton above and to the east. 
RESPONSE: Scottish Water was consulted on the proposal and did not object.  The
response is in the following section of this report. 
42

Page 43

SUPPORT COMMENTS: We are planning to retire to the village but the lack of choice of
attractive, well insulated homes bult to modern standards is a concern.  These four new
homes would add to the vibrancy of village life. 
RESPONSE: Comments noted. 
CONSULTATIONS 
ACTIVE TRAVEL AND TRANSPORT: No objection subject to conditions.  Inter-visible
passing places along the road must be provided and retained as passing places and the
existing turning point must be retained and not included within any property boundary.  The
existing Right of Way SCU123/1 should not be stopped up or diverted in any way until a
Path Diversion Order is made and confirmed under s.208 of the Town and Country Planning
(Scotland) Act. 
RESPONSE: Noted.  This application relates to the principle of development only and
appropriate planning conditions and notes could be applied to any permission to address
these matters.  The applicant has confirmed acceptance of these conditions in
pre-application discussions and in the application form. 
NATURESCOT (NS):  No objection.  There are natural heritage interests of national
importance close to the site, but these will not be affected by the proposal.  The site is close
to a Local Nature Conservation Site to the north and the inter-tidal zone adjacent to the west
of the site is used as a common seal haul out.  The site is also within the North Arran
National Scenic Area and close to the North Arran Wild Land Area designated for their
scenic beauty and special landscape qualities. 
NS agrees with the recommendations of the submitted preliminary ecological appraisal with
regards to protection of nesting birds and biodiversity and advise that they be implemented
in full.  The upland oakwood running along the cliff side should be retained and protected
from development work and, while it would be preferable if any areas of coastal marsh in the
site could be retained, where this is not possible the developer should provide areas of
compensatory biodiversity areas elsewhere. 
RESPONSE:  All noted.  It is noted that the tree areas along the cliffside are largely outwith
the applicant site but planning conditions could be applied to address these matters, where
they fall within the control of the planning system. 
SCOTTISH WATER:  No objection. There is SW water supply infrastructure within the
vicinity, but the developer should investigate private wastewater treatment options. 
RESPONSE: Noted.  The applicant has been made aware of the consultation response. 
SEPA:  No objection subject to condition.  No built development should take place below
4.22m AOD to ensure the longevity and resilience of the site to future climate change and
sea level rise. 
RESPONSE: Noted.  A planning condition could be applied to address this. 
43

Page 44

NAC FLOODING SERVICES:  No objection subject to conditions regarding further flood
risk information and details of surface water drainage solutions for the proposed houses. 
RESPONSE:  All noted.  These issues were also addressed by the SEPA comments above. 
This application relates to the principle of development only and appropriate planning
conditions could be applied regarding the level of details to be submitted with subsequent
detailed planning applications for development of the site. 
ARRAN COMMUNITY COUNCIL: No objection.  It is considered that the proposal complies
with current planning regulations and that road access will be managed by NAC as Roads
authority.  The site would fill in a currently vacant area and offer additional housing for the
village which may offer new families the opportunity to add to the village resources. 
RESPONSE: Noted. 
3. Analysis 
Section 37 of the Town and Country Planning (Scotland) Act requires that applications for
planning permission be determined with regard to the development plan and to any other
material considerations. 
The application relates only to the principle of residential development and no detailed plans
or supporting design reports have been submitted.  The determining issues in this
application are whether the development proposal complies with the policies of the LDP and
whether there are any other material considerations. 
Whilst it is noted that the public comments received mention a previous refusal of Outline
Planning Permission (the previous equivalent of Planning Permission in Principle) in 2002,
that was on the grounds that the site was then within the countryside area and the Local
Plan then in place did not support further housing development outwith the settlement. 
That Plan has since been replaced several times and the site is now within the settlement
boundary in the North Ayrshire Council Local Development Plan which was Adopted in
November 2019 following a full public consultation period, and examination by the Scottish
Government, as required by legislation. 
The Scottish Government Reporters' Examination, prior to adoption, identified that
Lochranza is predominantly characterised by linear development along both the northeast
and southwest shores of the Loch and that, while this site formed a gap in the overall view
from the southwest shore, it had a visual relationship with the houses to either side and was
not viewed separately from the existing houses along Newton Shore.  The Reporter
therefore accepted that the site could be considered as an extension of the settlement
boundary.  
In light of the above, the site location within the General Urban Area of the settlement
boundary of Lochranza in the LDP means that the proposal would therefore accord with the
Towns and Villages Objective of Strategic Policy 1: which confirms that residential
development within settlements shall accord with the LDP.  
44

Page 45

Strategic Policy 2: Placemaking expects that development shall avoid unnecessary adverse
environmental, or amenity impacts and shall meet the six qualities of successful places
outlined in the policy. There are no designated wildlife or environmental protection areas
within the application site and its position within the wider National Scenic Area is
considered further below. 
The site is within the settlement and would share the same connections and accessibility to
both the functions and services of Lochranza and the countryside beyond as the existing
houses along Newton Shore and would satisfy the criterion 'easy to move around and
beyond.'   
In terms of the other listed qualities: 'distinctive'; safe and pleasant'; resource efficient';
welcoming'; and 'adaptable', while the aims and aspirations outlined in the submitted
Supporting Statement are noted, this application relates to the principle of development only
and these matters could only be fully assessed in a subsequent planning application (or
applications) for detailed house designs and siting.   
The plot scales shown on the plans would be similar to existing development along Newton
Shore and would therefore be appropriate to the surrounding area and only this aspect has
been fully considered.  Houses on the plots would be expected to be a maximum of one and
a half storeys high and of relatively traditional form, design and materials but this could only
be fully assessed in the subsequent application(s). 
The comments of the consultees are noted but provided that appropriate consideration is
given to design, drainage, access etc, in subsequent detailed planning application(s), it is
agreed that houses of similar scale to the neighbouring plots along the shore could
potentially be accommodated within the site without significant adverse effects on the
amenity of any existing or neighbouring properties.  The principle of residential development
does not therefore raise any significant issues in terms of SP2 subject to a condition being
applied to permission indicating the required details to be submitted with the new
application(s) including further ecological survey prior to the commencement of any
development works on the site as recommended by NatureScot. 
Policy 15: Landscape and Seascape relates to the NSA and Special Landscape Areas and
states that development should not have unacceptable adverse impacts on designated and
non-designated landscape areas and features or the objectives of their designation.  The
comments and advice given by NatureScot above on the lack of specific impacts on the
surrounding landscape are noted and the principle of development does not conflict with the
requirements of Policy 15. 
Policy 16: Protection of our Designated Sites states that the LDP will support development
which would not have an unacceptable adverse effect on the natural environment.  As
above, there are no designated protection areas within the site, but NatureScot was
consulted and confirmed that the installation would not compromise the overall integrity or
reasons for designation of the protected areas in the wider vicinity.  The contents and
recommendations of the submitted Preliminary Ecological Assessment are considered to
constitute a thorough pre-application assessment of the site and potential impacts.  This
application relates to the principle of development only and subsequent detailed planning
applications would be required to provide further updated survey for habitats.  It is
considered that the detailed advice provided and the consultee comments in response
45

Page 46

confirm that an appropriate assessment of these issues has been undertaken and the
proposals satisfy the policy. 
Details of the how sustainability has been considered in the design process of houses
should be required by condition to ensure future planning applications accord with Policy 29:
Energy Infrastructure Development which concerns compliance with energy reductions
emissions required by Scottish Building Standards.   
Just prior to this application being registered, public comments were received that works
had commenced at the site which were damaging its habitats potential.  The
landowner/developer stated to Planning Services that works were limited to annual
maintenance of overgrown bracken and that no excavations had occurred.  This was
investigated by Planning Services and a site visit confirmed that the site was not
significantly changed from the evidence of previous planning site visit photos.  This limited
extent of works did not in itself require planning permission. 
While the application was being considered, further comments were then also received that
otters had been observed at the site.  The comments were discussed with NatureScot and it
was concluded that, as the Preliminary Ecological Report had acknowledged this potential
use of the site and that, even if planning permission in principle was granted, further
assessment of the issue would be required in later applications before any development
works could commence at the site, that these comments would not justify refusal of the
application given the foregoing analysis.       
In view of the foregoing, the proposal accords in principle with the LDP policies. 
The application has also been assessed against the approved National Planning
Framework 4 and it has been determined that the proposal does not raise any significant
strategic planning issues which conflict with the foregoing assessment. 
There are no other material considerations which have not been addressed and planning
permission in principle can therefore be granted subject to conditions, as discussed
throughout this report. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. That prior to the commencement of any development on site, a further planning
application(s) for the approval of the matters specified in this condition (MSC) must
be submitted to and approved by North Ayrshire Council as Planning Authority. 
These matters are as follows: 
(a) details of the design, siting and external finishes of the proposed houses;
(b) details of the means of de-lineation of the individual residential plots;
(c) the design and location of all boundary treatments including any walls or fences and hard
landscaped areas;
46

Page 47

(d) the means of drainage and surface water strategy and methodology for sewage
disposal, including Sustainable Urban Drainage Systems (SUDS), all set out in a
comprehensive Drainage Assessment, including ongoing maintenance details. Such SUDS
shall be self-certified by a suitably qualified person;
(e) the landscaping and associated maintenance proposals for the site, including details of
existing trees, hedgerows and other planting to be retained and any tree protection
measures together with proposals for any new planting, specifying number, size and
species of all trees and shrubs, a management implementation programme and proposals
to replace any landscaping which fails in the first five
years following planting; and
(f) details of the heat and power systems for the houses, which shall include low and/or zero
carbon technologies to demonstrate that at least 10% of the current carbon emissions
reduction set by Scottish Building Standards will be met. 
For the avoidance of doubt, the houses proposed for the site shall be of traditional design
and no more than one and a half storeys in height.  All of the above shall be to the
satisfaction of North Ayrshire Council as planning authority. 
Reason
In order that these matters can be fully considered in the interest of the amenity of the
wider area 
Condition 
2. That prior to the commencement of any development works on the site: (i) intervisible
passing places shall be provided and maintained thereafter on the road to the front of
the site to the agreement and satisfaction of North Ayrshire Council as Planning
Authority; (ii) the existing surfaced turning point at the northwest of the site shall be
retained and shall not be included within the curtilage of any house.  Full details of the
matters above shall be submitted with the subsequent application(s) for detailed
planning permission, all to the satisfaction of North Ayrshire Council as planning
authority. 
Reason 
In the interests of road traffic safety as recommended by the Roads Authority 
Condition 
3. That the Right of Way (ref:SCU123/1) which runs through the site hereby approved
shall not be stopped up or diverted in any way until a Path Diversion Order has been
made and confirmed under S.208 of the Town and Country Planning (Scotland) Act. 
Reason 
In order to safeguard the public right of way 
Condition 
4. That the recommendations contained in Section 5.3 of the Preliminary Ecological
Appraisal, prepared by Starling Learning and submitted with the application hereby
approved, shall be implemented in full prior to the commencement of any
development works on the site and that the details, conclusions and
recommendations of a further otter survey shall be submitted with the subsequent
47

Page 48

planning application(s) for detailed planning permission, all to the satisfaction of
North Ayrshire Council as planning authority. 
Reason
In order to protect potential protected species habitats, as recommended by
NatureScot 
Condition 
5. That details of site sections and the finished floor levels of the proposed houses shall
be submitted with the subsequent application(s) for detailed planning permission to
ensure that no development takes place below 4.22m AOD, all to the satisfaction of
North Ayrshire Council as planning authority. 
Reason
To ensure a precautionary approach to flood risk is taken by avoiding development in
the flood plain as advised by SEPA 
James Miller 
Chief Planning Officer            
For further information please contact Mr Neil McAteer Planning Officer on 01294 324316. 
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. 
48