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Committee Report - 23-00070-PP

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

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NORTH AYRSHIRE COUNCIL 
22nd March 2023                                                                                                                                                            
Planning Committee 
Locality  North Coast and Cumbraes
Reference 23/00070/PP
Application Registered 2nd February 2023
Decision Due 2nd April 2023
Ward North Coast 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Former Coal Terminal Hunterston West Kilbride
Ayrshire  
Applicant  XLCC Fao Mr David Kelly 
Proposal  Variation of conditions 9 and 18 of planning permission
N/22/00133/PPPM relating to the construction of a
high voltage sub-sea cable manufacturing facility
___________________________________________________________________ 
1. Description 
Planning Permission (ref. 22/00133/PPPM) was granted 29th June 2022 for 'Planning
Permission in Principle for the erection of a high voltage cable manufacturing facility,
including detailed planning permission for the construction of a 185m high extrusion tower
with associated factories, research and testing laboratories, offices with associated stores,
transport, access, parking and landscaping with on-site generation and electrical
infrastructure and cable delivery system.' 
The permission was subject to 21 conditions including Conditions 9 and 18 which are as
follows: 
Condition 9, which relates to the Planning Permission in Principle and states: "That further
application(s) for approval under the terms of Condition 1 shall be accompanied by a
scheme to treat surface water arising from the or otherwise affecting the site, prepared in
accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report
C7453, published November 2015) and the requirements of The Water Environment
(Controlled Activities) (Scotland) Regulations 2011, and certified by a suitably qualified
person, shall be submitted to North Ayrshire Council, as Planning Authority, for written
approval.

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Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded. In accordance with the recommendations of the submitted FRA,
finished floor levels shall be set a minimum of 6m AOD, threshold levels shall be raised a
minimum of 150mm above external ground levels, and all key external infrastructure shall
be elevated by at least 150mm or protected by bunds." 
Condition 18 which relates to detailed planning permission for the construction of the 185m
high extrusion tower, and states: "The prior to the commencement of the development of the
tower, that a scheme to treat surface water arising from the or otherwise affecting the site of
the tower, prepared in accordance with the principles and practices contained in 'The SuDS
Manual' (CIRIA report C7453, published November 2015) and the requirements of The
Water Environment (Controlled Activities) (Scotland) Regulations 2011, and certified by a
suitably qualified person, shall be submitted to North Ayrshire Council, as Planning
Authority, for written approval. Thereafter, the certified scheme shall be implemented prior
to the completion ofthe development of the tower and maintained thereafter to the
satisfaction of North Ayrshire Council, as Planning Authority. 
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded. In accordance with the recommendations of the submitted FRA,
finished floor levels shall be set a minimum of 6m AOD, threshold levels shall be raised a
minimum of 150mm above external ground levels, and all key external infrastructure shall
be elevated by at least 150mm or protected by bunds." 
This application seeks to the delete the final sentence from both conditions - "In accordance
with the recommendations of the submitted FRA, finished floor levels shall be set a
minimum of 6m AOD, threshold levels shall be raised a minimum of 150mm above external
ground levels, and all key external infrastructure shall be elevated by at least 150mm or
protected by bunds." This would remove reference to a finished floor level (FFL). The
applicant considers that FFLs do not need to be 6m AOD and consider they could be
between 4.7m AOD and 6m AOD. 
In support of the application an addendum to the previously submitted Flood Risk
Assessment (FRA) has been provided. 
The site is some 51ha in area, including existing access roads and jetty. The site is a former
coal yard, which has been vacant since 2016. The development would make use of an
existing access and the existing jetty and port. The site is identified in the Local
Development Plan (LDP) as part of the Hunterston Strategic Development Area and
suitable for business and industrial development. The Southannan Sands Site of Special
Scientific Interest ("the SSSI") is some 85m to the west. The Hunterston House Tree
Preservation Order ("the TPO") runs along the eastern boundary of the site. 
The relevant policy of the Local Development Plan adopted November 2019 (LDP) is
considered to be Policy 23: Flood Risk Management.

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National Planning Policy 4 (NPF4) was adopted 13th February 2023. NPF4 identifies
Hunterston as a Strategic Asset. NPF4 is considered to be a material consideration for this
application. The relevant policy is considered to be Policy 22. 
Other planning applications have been submitted to provide details required by other
conditions (ref: 22/00712/MSCM) and to vary Conditions 11 and 12 (ref: 23/00131/PP). 
2. Consultations and Representations 
The application was subject to statutory neighbour notification procedures including an
advert in the local press. No representations have been received. 
SEPA - No comment. 
Response: Noted. 
NAC Flooding - No objections. The 6m AOD FFL level had been recommended by the
originally submitted FRA. Specific justification including appropriate flood risk mitigation will
still be required in order to discharge the condition. 
Response: Noted. 
Fairlie Community Council - will seek independent advice from a hydrologist. However, no
further comments were received. 
Response: Noted. 
3. Analysis 
Policy 23 of the LDP stated that support will be given to development which is in accordance
with relevant flood risk strategies. Development should avoid locations of flood risk and
should not lead to a significant risk of flooding elsewhere. 
Policy 22 of NPF4 states that development at risk of flooding or in a flood risk area will only
be supported in certain circumstances.
The site is not at risk from fluvial or coastal flooding. SEPA offer no comments but noted in
the original application that the development would be limited to land not likely to flood. NAC
Flooding has no objection. The specific details of any surface water mitigation would still be
required to be submitted and approved under the amended conditions. 
The applicant's submission that the FFL has been considered in more detail following the
grant of planning permission 22/00133/PPPM is noted, as are SEPA and NAC Flooding
comments. The applicant would still have to provide sufficient details to demonstrate that
surface water would be appropriately dealt with. The removal of the reference to 6m AOD
would allow the applicant more flexibility to develop an appropriate drainage schemer but
would not diminish the Council's ability, as Planning Authority, to assess and
approve/refuse any such details as may be submitted. The proposal would remain in
accordance with Policy 23 of the LDP and Policy 22 of NPF4.

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It is therefore recommended that planning permission be granted with the original 21
conditions but with Conditions 9 and 18 amended as follows. 
Condition 9, which relates to the Planning Permission in Principle would now state: "That
further application(s) for approval under the terms of Condition 1 shall be accompanied by a
scheme to treat surface water arising from the or otherwise affecting the site, prepared in
accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report
C7453, published November 2015) and the requirements of The Water Environment
(Controlled Activities) (Scotland) Regulations 2011, and certified by a suitably qualified
person, shall be submitted to North Ayrshire Council, as Planning Authority, for written
approval. 
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded." 
Condition 18 which relates to detailed planning permission for the construction of the 185m
high extrusion tower, would now state: “The prior to the commencement of the development
of the tower, that a scheme to treat surface water arising from the or otherwise affecting the
site of the tower, prepared in accordance with the principles and practices contained in 'The
SuDS Manual' (CIRIA report C7453, published November 2015) and the requirements of
The Water Environment (Controlled Activities) (Scotland) Regulations 2011, and certified by
a suitably qualified person, shall be submitted to North Ayrshire Council, as Planning
Authority, for written approval. Thereafter, the certified scheme shall be implemented prior
to the completion of the development of the tower and maintained thereafter to the
satisfaction of North Ayrshire Council, as Planning Authority. 
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded." 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. That the permission is for a high voltage cable manufacturing facility with associated
factories, research and testing laboratories, offices with associated stores, transport,
access, parking and landscaping with on-site generation and electrical infrastructure and
cable delivery system only and planning permission would be required for any other use
within Class 5 of the Town and Country Planning (General Permitted Development)
(Scotland) Order, as amended. 
Reason

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In recognition of the special justification for the tower and to retain control over the
site and re-assess the need for the tower in the event of a different operation. 
Condition 
2.  That the approval of North Ayrshire Council, as Planning Authority, with regard to the
siting, design and external appearance of all building and external plant or machinery,
including landscaping, means of access, internal roads, external lighting, sustainable travel
plan and low and zero carbon technology, shall be obtained before the development
permitted in principle is commenced. 
Reason 
In order that these matters can be considered in detail. 
Condition 
3. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by an assessment of on-site heat recovery and re-use, or a heat network
infrastructure plan, or demonstrable evidence that such schemes have been explored but
are not feasible for technical or economic reasons. 
Reason 
In order that the future proofing of the site for heat networks is properly considered as
required by Policy 31 of the LDP. 
Condition 
4. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a Construction Management Plan and Code of Practice, including details
for monitoring and action against non-compliance. For the avoidance of doubt this shall
include an assessment of use of the rail and port connections as a first principle and the
prohibition of the use of the A78 through Fairlie, the B780/B781, the C26 and all local
non-classified roads by construction vehicles and details of management of impact on the
core path and cycle rout network. 
Reason 
To ensure proper management of the construction process, including impact on the
road network. 
Condition 
5. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by details of an appointed Ecological Clerk of Works (ECoW). The details
shall include contact details, the scope and responsibilities of the ECoW as well as
confirmation of their power to halt or otherwise stop works which are not in accordance with
the mitigation measures identified in the EIA or others, as may be approved. 
Reason 
To ensure appropriate oversight of the construction of the development 
Condition 
6. Prior to development commencing the applicant shall implement the measures
detailed under Mitigation Measures Adopted as Part of the Project in Chapter 9
Hydrogeology, Geology and Ground Conditions of the submitted EIA report dated February

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2022.  All documentation be verified by a suitably qualified Environmental Consultant and
submitted to the satisfaction of North Ayrshire Council, as Planning Authority. 
Reason 
To ensure proper consideration is given to ground conditions and ground water. 
Condition 
7. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a Dust Management Plan. This shall include the measures detailed under
Mitigation Measures Adopted as Part of the Project in Chapter 13 Air Quality of the
submitted EIA report dated February 2022.  All documentation be verified by a suitably
qualified Environmental Consultant and submitted to the satisfaction of North Ayrshire
Council as Planning Authority. 
Reason 
To ensure proper management of dust throughout the construction period. 
Condition 
8. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by an assessment of the details in terms of the rated noise level, as defined in
`BS4142:2014+A1:2019, from the operation of the facility. The assessment must
demonstrate that the noise from the operation of the facility will not exceed the background
noise level at the curtilage of any existing or consented noise sensitive property at the time
of application and include details of a monitoring scheme for the first 12months of operation
of the facility. 
Reason 
To ensure proper consideration of potential noise from the development. 
Condition 
9. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a scheme to treat surface water arising from the or otherwise affecting the
site, prepared in accordance with the principles and practices contained in 'The SuDS
Manual' (CIRIA report C7453, published November 2015) and the requirements of The
Water Environment (Controlled Activities) (Scotland) Regulations 2011, and certified by a
suitably qualified person, shall be submitted to North Ayrshire Council, as Planning
Authority, for written approval.  
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded. 
Reason 
To ensure proper consideration of surface water drainage. 
Condition
10. That further application(s) for approval under the terms of Condition 1 shall be
accompanied by a habitat survey dated not more than 1 year prior to the date of the
submission of the application.

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Reason 
To ensure habitat and protected species considerations are of an appropriate date. 
Condition
11. Prior to commencement of the development of the tower, details of a financial bond
to be secured with the landowner for the removal of the tower in the event of redundancy
shall be submitted to North Ayrshire Council, as Planning Authority, for written approval.
Any such bond shall be retained through the life of the development with confirmation to be
provided to North Ayrshire Council, as Planning Authority, on a yearly basis following
completion of the tower. 
Reason 
To ensure steps are in place to remove the tower should the site become redundant,
in the interest of visual amenity, and in recognition of the landowner being ultimately
responsible for compliance with any conditions. 
Condition
12. Should the tower become redundant, it shall be removed within 6 months of
redundancy. For the avoidance of doubt, redundancy means the factory not becoming
operational within 3 years of construction of the tower or the factory ceasing to operate for a
period of more than 1 year after first becoming operational. 
Reason 
To ensure the timely removal of the tower should the site become redundant, in the
interest of visual amenity. 
Condition
13. The prior to commencement of the development of the tower, details of the external
finish shall be submitted to North Ayrshire Council, as Planning Authority, for written
approval. The development will thereafter be undertaken in accordance with any details as
may be approved and the tower maintained with those details unless otherwise agreed in
writing with the Planning Authority. 
Reason 
To ensure an appropriate external finish for the tower in the interest of visual amenity. 
Condition
14. The prior to the commencement of the development of the tower, a Dust
Management Plan for the control of dust from the construction of the tower shall be
submitted to North Ayrshire Council, as Planning Authority, for written approval. Thereafter
the development shall be undertaken in accordance with any Plan as may be approved. 
Reason 
To ensure proper management of dust throughout the construction period. 
Condition
15. That prior to the commencement of the development of the tower, a Construction
Management Plan and Code of Practice, including details for monitoring and action against
non-compliance shall be submitted to North Ayrshire Council, as Planning Authority, for
approval. Thereafter the construction shall be carried out only as approved by the Plan and

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Code of Practice. For the avoidance of doubt this shall include an assessment of use of the
rail and port connections as a first principle and the prohibition of the use of the A78 through
Fairlie, the B780/B781, the C26 and all local non-classified roads by construction vehicles
and details of management of impact on the core path and cycle rout network. 
Reason 
To ensure proper management of the construction process, including impact on the
road network 
Condition
16. That prior to the commencement of the development of the tower, details of an
appointed Ecological Clerk of Works (ECoW) shall be submitted to North Ayrshire Council,
as Planning Authority, for approval. The details shall include contact details, the scope and
responsibilities of the ECoW as well as confirmation of their power to halt or otherwise stop
works which are not in accordance with the mitigation measures identified in the EIA or
others, as may be approved. The development will thereafter be undertaken only with the
oversight of the appointed ECoW. 
Reason 
To ensure proper oversight of the construction of the tower. 
Condition
17. The rated noise level, as defined in `BS4142:2014+A1:2019, from the operation of
the tower must not exceed the background noise level at the curtilage of any existing or
consented noise sensitive property at the time of application. 
Reason 
To ensure the operation of the tower does not cause undue noise disturbance or
sterilise the wider area for further development. 
Condition
18. The prior to the commencement of the development of the tower, that a scheme to
treat surface water arising from the or otherwise affecting the site of the tower, prepared in
accordance with the principles and practices contained in 'The SuDS Manual' (CIRIA report
C7453, published November 2015) and the requirements of The Water Environment
(Controlled Activities) (Scotland) Regulations 2011, and certified by a suitably qualified
person, shall be submitted to North Ayrshire Council, as Planning Authority, for written
approval. Thereafter, the certified scheme shall be implemented prior to the completion of
the development of the tower and maintained thereafter to the satisfaction of North Ayrshire
Council, as Planning Authority. 
Any scheme approved shall include details of proposed ground levels, finished floor levels,
and pre & post development overland flows that shall demonstrate that people and property
would not be put at flood risk during the designed storm event (1 in 200 return period plus an
allowance for climate change and urban creep) when the capacity of the proposed
infrastructure is exceeded. 
Reason 
To ensure the proper treatment of surface water.

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Condition
19. Prior to the commencement of the tower, confirmation that the basement proposals
are sufficiently flood resilient/resistant, including an accompanying certified flood
management plan suitably addresses residual flood risk at the site from all sources of
flooding, certified by a suitable qualified person, shall be submitted in writing for the written
approval of North Ayrshire Council, as Planning Authority. 
Reason 
To ensure the risk of flooding to basement level proposal is suitable addressed. 
Condition
20. In the event that the works to commence the tower are not undertaken within 1 year
of the date of this permission, an updated habitat survey dated not more than 1 year prior to
the date of commencement shall be submitted to North Ayrshire Council, as Planning
Authority, for written approval prior to the commencement. 
Reason 
To ensure habitat and protected species considerations are of an appropriate date. 
Condition
21. Prior to the commencement of the development, details of omni-directional red
aviation warning lights to be fitted to the tower shall be submitted to North Ayrshire Council,
as Planning Authority, for approval in consultation with Prestwick Airport, Air Traffic Control
and the Ministry of Defence. The lighting will thereafter be fitted and retained thereafter in
accordance with any details as may be approved. 
Reason 
To meet the requirements of the relevant Air Authorities. 
James Miller 
Chief Planning Officer           
For further information please contact Mr Iain Davies on 01294 324320.

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Appendix 1 – Location Plan           
DO NOT SCALE Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office
© Crown Copyright.  Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. North Ayrshire
Council Licence Number 100023393.