Democracy Spraffa

230222 Planning Minute

North Ayrshire Council · 22 March 2023
Back to Planning Committee — 22 March 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

Planning Committee
22 February 2023 
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, Timothy Billings, Stewart Ferguson, Cameron Inglis and Davina
McTiernan. 
Present (Remote Participation)
Scott Davidson, Jim Montgomerie, Ian Murdoch and Chloé Robertson. 
Also Present (Physical Participation)
Todd Ferguson (Agenda Items 1-4). 
In Attendance
J. Miller, Chief Planning Officer, A. Gemmell, Strategic Planning Manager and
T. Ledingham, Planning Officer (Strategic Planning) (Economic Development
and Regeneration) (Place); R. Lynch, Senior Manager, J. Niven, Solicitor (Legal
Services), D. McCaw, C. Stewart and S. Wilson, Committee Services Officers
(Democratic Services) (Chief Executive’s Service). 
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 Minutes of the Meeting held on 25 January 2023 were confirmed and signed in
accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland)
Act 1973. 
3. National Planning Framework 4 (NPF4) 
Submitted report by the Executive Director (Place) on the adoption of Scotland’s
fourth National Planning Framework (NPF4), which now formed part of the local
development plan for North Ayrshire, sitting alongside the adopted Local
Development Plan (LDP2).

Page 2

The Strategic Planning Manager presented information in connection with the
background to implementation of the plan, including spatial principles, regional
priorities and national developments which aimed to contribute to creating places
which were sustainable, liveable and productive.  The Committee was advised that a
Delivery Programme had been prepared setting out the approach for key short and
medium term actions in relation to governance and collaboration, delivery
mechanisms, infrastructure funding and finance, skills resources and performance,
and monitoring and evaluation.  This would be updated within 6 months and
thereafter on an annual basis. 
Members asked questions and were provided with information in relation to:- 
• the designation of Hunterston as a National Development within NPF4 to
support repurposing; 
• any unforeseen issues in connection with implementation of NPF4 in
conjunction with LDP2 where matters may not accord; and
• the fit of Arran and Cumbrae within the Central Region and how this would be
interpreted to sustain communities and pioneer investment in the blue
economy. 
The Chief Planning Officer advised that an Elected Member development session
would take place on 20 March 2023 covering transitional arrangements in connection
with implementation of NPF4 in conjunction with LDP2. 
The Committee agreed to note (i) the adoption of National Planning Framework 4;
and (ii) that the Framework was now part of the development plan for North Ayrshire. 
4. Tree Preservation Order: Grouping of Trees adjacent to Wildcat Lane and
Summerlea Road, West Kilbride 
Submitted report by the Chief Planning Officer regarding confirmation of a Tree
Preservation Order (TPO) for a group of trees located along Wildcat Road and
Summerlea Road, West Kilbride. 
The TPO, created in September 2022 following approval by the Planning Committee,
was subject to a public consultation period in line with relevant legislation.  The
report summarised the representations made and provided recommendations on
further action upon consideration of those recommendations. The report
recommended that the TPO be confirmed unmodified as the grouping of trees
contributed to wider public amenity. 
Councillor Billings, seconded by Councillor Stewart Ferguson, moved confirmation of
the TPO in line with the report recommendation.  There being no amendment, the
motion was declared carried. 
The Committee agreed to confirm a Tree Preservation Order (TPO) under Section
160 of the Town and Country Planning (Scotland) Act 1997 in the interests of
protecting public amenity. 
Councillor Todd Ferguson left the meeting at this point.

Page 3

5. Tree Preservation Order: Grouping of Trees located at Stevenston High
Kirk Manse 
Submitted report by the Chief Planning Officer regarding the process and merits of
protecting a group of trees located on the grounds of Stevenston High Kirk and the
adjacent Manse. 
The report indicated that concerns had been raised by a member of the public in
connection with a lack of protection for trees located within the grounds of Stevenson
High Kirk and the adjoining Manse.  Council Officers conducted a site visit and desk
top analysis to assess the suitability of a TPO and relevant legislation.  Following a
preliminary assessment of the trees, it was considered that the trees added to the
local landscape character and contributed to amenity.  It was also noted that the
trees were mostly located in the grounds of Stevenston High Kirk, a Category B-
Listed Church and cemetery and designated within the Local Development Plan as
Open Space.  Further considerations included the existence of a core path located
east of the Kirk which led to the Town Centre then down to the Coast.  A subsequent
site visit confirmed numerous tree species of note including a Tulip Tree normally
found within botanical gardens. The trees were found to have met the criteria for a
TPO and the report recommended that this be served in the interests of protection of
public amenity and cultural heritage. 
Members of the Committee expressed support for a TPO to preserve the heritage
and character of the particular area of Stevenston. 
Councillor Montgomerie, seconded by Councillor McTiernan, moved to support the
serving of a TPO in line with the report recommendation.  There being no
amendment, the motion was declared carried. 
The Committee agreed to the serving of a Tree Preservation Order (TPO) under
Section 160 of the Town and Country Planning (Scotland) Act 1997. 
6. Notice under Section 127 of the Town and Country Planning (Scotland)
Act 1997: Tennox Farm, Kilbirnie 
Submitted report by the Executive Director (Place) seeking authority to serve a
Notice under Section 127 of the Town and Country Planning (Scotland) Act, 1997
requiring the removal of the unauthorised dwellinghouse, associated outbuildings
and ancillary works at Tennox Farm, Kilbirnie and restoration of the land to its former
condition prior to development. 
The report advised that the Council had received a number of reports in recent years
that land at Tennox Farm near Kilbirnie had been developed with a number of
unauthorised buildings as well as formation of a large yard area.  An Enforcement
Notice under Section 33A of the Act was served on the owner of the land in March
2022.  The Notice included the requirement for the submission of a planning
application in respect of a dwellinghouse and ancillary outbuildings, which was
subsequently refused planning permission during 2022.  A review of the decision
was undertaken by the Local Review Body on 25 January 2023.  The review was
dismissed with the consequence that the development remained unauthorised.

Page 4

Councillor Foster, seconded by Councillor Billings, moved to grant authority for the
service of a Notice under Section 127 of the Town and Country Planning (Scotland)
Act 1997 in line with the report recommendation.  There being no amendment, the
motion was declared carried. 
The Committee agreed to grant authority for the service of a Notice under Section
127 of the Town and Country Planning (Scotland) Act 1997, requiring the removal of
the unauthorised dwellinghouse, associated outbuildings and ancillary works at
Tennox Farm (ref. 22/00331/PP) and the restoration of the land to its former
condition prior to the development taking place. 
The meeting ended at 2.35 p.m.