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Committee Report - 23-00097-CON

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  Kilwinning
Reference 23/00097/CON
Application Registered 8th February 2023
Decision Due 
Ward Kilwinning 
Recommendation  Approved subject to Conditions 
__________________________________________________________________ 
Location  Benthead Farm Kilwinning Ayrshire KA13 7RU 
Applicant  Gina Mackenzie Loughrey 
Proposal  Installation of a solar farm with a generating capacity of
up to 63mw and a battery storage system with a
capacity of up to 31.1MW and associated
infrastructure
___________________________________________________________________ 
1. Description 
The Scottish Government's Energy Consents Unit has consulted the Council, as Planning
Authority, on an application under Section 36 of the Electricity Act 1989. 
The application, at Benthead and Dykeneuk Farms, is for a ''solar generating facility with a
capacity of up to 63 MW and battery storage with a capacity of up to 31.1MW on farmland."
The site covers an extensive area of approximately 130 hectares in the rural area 4km to the
northeast of Kilwinning. The area to be covered with solar panels is approximately 69.4
hectares. It is estimated that the solar farm would generate 73GWh of electricity per year. 
Section 36 of the Electricity Act states that consent is required from the Scottish Ministers
for the construction of such facilities with a capacity exceeding 50 megawatts. The Energy
Consent Units, in accordance with The Electricity (Applications for Consent) Regulations
1990, has sought the views of the Council, as Planning Authority on the proposed
development. 
The proposed development includes the following components:

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- A solar farm of up to 63MW capacity. Solar PV panels to be rack mounted and
arranged in linear rows on an east-west alignment, all facing south; 
- Up to 18 no. battery storage container units (providing 31.1MW capacity), associated
transformers and switchgear (approx. 18m x 2.5m x 3.2m), within a compound to be located
on land to the east of an existing woodland area towards the southern end of the site near to
the Benthead Farm access road;
- Vehicular access points from the Lylestone - Barrmill Road to the west and from the
B778 to the southeast;
- Formation of access tracks (these would not be interconnected across the site area);
- 1 no. substation building (approx. 12m x 4m x 3m), to be located within a compound
at the most southerly point of the site, east of a woodland area near to the Benthead Farm
access road;
- 15 no. inverter kiosks (approx. 6m x 2m x 2m); 
- 16 no. transformer kiosks (approx. 6m x 5m x 3m);
- Underground cables connecting substation, switchgear, transformers and inverters;
- Deer fencing to site boundaries with regular openings to provide passage for small
mammals;
- Existing field boundaries are to be retained with improved management of roadside
hedges (for enhanced screening and biodiversity);
- Fields to continue to be used for rough grazing land by sheep, with areas to be
reserved for enhancing the biodiversity of the land to provide comparable habitats in relation
to the neighbouring SSSI/SAC (e.g. peatland restoration on areas which are degraded and
unsuitable for the development);
- seeding with locally sourced wildflowers would take place following completion of all
works involving ground disturbance around the solar panels, excluding areas to be retained
for compounds or tracks), the purpose of which would be to enhance the ecological value of
the land for nature (e.g. pollen producing flowers for attracting insects and birds). 
On reaching the end of its 40-year operational life, the proposed solar development would
be decommissioned, and the site restored to farmland. 
The consultation includes a number of reports, plans and drawings. These include a design
and access statement, flood risk and drainage assessment, farming and land management
plan, pre-application consultation reports, habitat survey reports and a glint and glare
assessment. The submitted documentation notes that most of the site would be naturally
screened from public roads by existing hedgerows and the topography once enhancement
has taken place. Viewpoints from local houses and farms have also been taken into account
during design following two stages of public consultation. The hedgerows and trees
surrounding the site would remain intact.   
The existing land use is agricultural, primarily rough grazing land (for sheep) within the north
fields (Dykeneuk Farm) and improved pasture (for cattle grazing and/or silage) in the fields
towards the south and west (Benthead Farm).  Areas of rough grazing adjoin deep peatland
areas towards the north and central areas of the farmland, where disturbance of deep peat
would be avoided. As noted above, the proposals also provide for peatland restoration
where appropriate. There are some small pockets of woodland on the fringes of the site and
several small woodlands within it, which would be retained. Site topography is generally a
flat plateau, with a wide 'open' landscape character providing long views in all directions. 
The land rises slightly towards the west towards Jameston Moss. There is an existing wind
turbine (Benthead), which is approximately 61m in height to blade tip located towards the
western edge of the site. There are coniferous plantation woodland areas to the west near

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Jameston Moss and also to the north around Lissens Moss. A number of minor
watercourses or field ditches pass through the site. These would be left undisturbed with
road crossing points provided only where necessary for access. 
In terms of the adopted North Ayrshire Local Development Plan (LDP), the site is within the
Countryside. To the northeast of the boundary is Dykeneuk Moss, which is a designated
Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC) and Local
Nature Conservation Site (LNCS). These designations relate to the peatland habitat of
Dykeneuk Moss. To the southeast is the B778 Lylestone - Auchentiber road. To the west the
land uses include farmland and plantation woodlands.  Within the site are several minor
public roads, including the Lylestone - to Barrmill road which bisects the site from SW to NE;
a minor road running E-W to Benthead Farm and a minor road running from SE to NW
linking the B778 to the Lylestone - to Barrmill road via Darmule. 
In terms of the adopted LDP, the proposal requires to be considered against Strategic Policy
1 (The Countryside Objective), Strategic Policy 2 (Placemaking), Policy 14 (Green & Blue
Infrastructure), Policy 15 (Landscape & Seascape), Policy 16 (Protection of our Designated
Sites); Policy 18 (Forestry, Woodland, Trees and Hedgerows), Policy 23 (Flood Risk
Management) and Policy 29 (Energy Infrastructure Development). National Planning
Framework 4 (NPF 4) is also of relevance given its status as part of the statutory
development plan.   
The proposed development was screened for EIA purposes during early 2022 (ref.
22/00050/EIA). The conclusion reached was that EIA was not required. 
Relevant Planning History 
None. 
Relevant Development Plan Policies 
SP1 - The Countryside Objective
The Countryside Objective 
We recognise that our countryside areas play an important role in providing homes,
employment and leisure opportunities for our rural communities. We need to protect our
valuable environmental assets in the countryside while promoting sustainable development
which can result in positive social and economic outcomes.
We want to encourage opportunities for our existing rural communities and businesses to
grow, particularly on Arran and Cumbrae, and to support these areas so that they flourish. 
We also recognise that, in general, countryside areas are less well suited to unplanned
residential and other developments because of their lack of access to services, employment
and established communities. We will seek to protect our prime and locally important
agricultural land from development except where proposals align with this spatial strategy.
In principle, we will support proposals outwith our identified towns and villages for: 
a) expansions to existing rural businesses and uses such as expansions to the brewery
and distillery based enterprises in the area.

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b) ancillary development for existing rural businesses and uses, including housing for
workers engaged in agriculture or forestry.
c) developments with a demonstrable specific locational need including developments
for renewable energy production i.e., wind turbines, hydroelectric schemes and solar farms.
d) tourism and leisure uses, where they would promote economic activity,
diversification and sustainable development, particularly where they develop our coastal
tourism offer/ infrastructure.
e) developments which result in the reuse or rehabilitation of derelict land or buildings
(as recognised by the Vacant and Derelict Land Survey) for uses which contribute to the
Green and Blue Network such as habitat creation, new forestry, paths and cycle networks.
f) sensitive infilling of gap sites consolidating existing developments where it would
define/provide a defensible boundary for further expansion.
g) small-scale expansion of settlements on Arran and Cumbrae for community led
proposals for housing for people employed on the island, where a delivery plan is included,
and infrastructure capacity is sufficient or can be addressed by the development and where
the proposal meets an identified deficiency in the housing stock and is required at that
location. All proposals will be expected to demonstrate the identified housing need cannot
be met from the existing housing land supply.
h) new housing in the countryside where it is a replacement or converted building or it is
a house of exceptional design quality.
i) sympathetic additions to existing well-defined nucleated groups of four or more
houses (including conversions) in close proximity
to one another and visually identifiable as a group with some common feature e.g. shared
access. Additions will be limited to 50% of dwellings existing in that group as of January
2005 up to a maximum of four new housing units (rounded down where applicable). 
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.

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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
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 14-Green & Bue Infrastr
Policy 14: 
Green and Blue Infrastructure 
All proposals should seek to protect, create, enhance and/or enlarge our natural features
and habitats which make up our green and blue infrastructure (including open space),
ensuring no unacceptable adverse environmental impacts occur.
Green and blue infrastructure should be multi-functional, accessible and integral to its local
circumstances. For example, Sustainable Urban Drainage Systems (SuDS) have the
potential to play a key role in the delivery of meaningful blue and green infrastructure,
providing amenity and improving biodiversity as well as providing a sustainable flood risk
solution. We will require details of the proposed arrangements for the long-term
management and maintenance of green infrastructure, and associated water features, to
form a key part of any proposal.
Our Open Space Strategy (2016-2026) highlights the need for an audit which identifies
valued and functional green and blue infrastructure or open space capable of being brought
into use to meet local needs. We will support the temporary use  of unused or underused
land as green infrastructure including where it consists of advanced structure planting to
create landscape frameworks for future development. Support will be given to proposals

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which seek to enhance biodiversity from new development where possible, including the
restoration of degraded habitats and the avoidance of further fragmentation or isolation of
habitats. We will also support proposals that are in accordance with the vision and
outcomes of the Central Scotland Green Network as well as those of the Garnock
Connections Project. 
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;
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

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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
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
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.

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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 18 - Forestry, Woodland
Policy 18: 
Forestry, Woodland, Trees and Hedgerows 
Development proposals will only be supported when it would not result in the loss or
deterioration of an ancient or long- established plantation or semi-natural woodland unless
there are overriding public benefits from the development that outweigh the loss of the
woodland habitat. 
Where development includes the removal of woodland, the Scottish Government's Control
of Woodland Policy and the current Ayrshire and Arran Woodland Strategy including
relevant compensatory planting requirements will be taken into account. 
Where the loss of trees, hedgerows or woodlands of merit is unavoidable and compensatory
planting is required, replacement trees should be of a similar scale and massing to the loss
or if smaller there should be additional tree planting committed to ensure a net gain is
achieved. We will also expect developers to engage with Forestry Commission Scotland. 
We recognise that trees and woodlands are an important yet dynamic part of our landscape.
In recognition of this where a tree (or group of trees) is of significant value to public amenity
or where they strongly contribute to the character of a Conservation Area we may consider
promoting a formal Tree Preservation Order (TPO). We will normally only do this when there
is a clear, pressing and immediate threat to a valuable tree (or group of trees) - not as a
matter of course and not in conflict with good arboricultural practice and management. In the
case of works to trees covered by a tree preservation order we will support management
schemes and maintenance works that adhere to good arboricultural practice. 
Generally, we will support proposals for dedicated timber export facilities as well as timber
export developments that are combined with other marine based activities on Arran where
there are no unacceptable adverse environmental impacts and align with our Placemaking
policy. Proposals should also align with Policy 28: Transport as an Economic Driver. 
Supplementary Guidance: Trees and Development provides guidance on information
required to be submitted as part of planning applications involving tree works as well as
matters to consider when designing and constructing development to minimise impacts on
trees. 
Detailed Policy 23-Flood Risk Management
Policy 23: 
Flood Risk Management 
We will support development that demonstrates accordance with the Flood Risk Framework
as defined in Scottish Planning Policy and shown in schedule 7, relevant flood risk
management strategies and local flood risk management plans. We will also support
schemes to manage flood risk, for instance through natural flood management, managed
coastal realignment, wetland or green infrastructure creation.

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Generally, development should avoid locations of flood risk and should not lead to a
significant increase in the flood risk elsewhere. Land raising and elevated buildings will only
be supported in exceptional circumstances, where it is shown to have a neutral or better
impact on flood risk outside the raised area. 
Development proposals should:
o Clearly set out measures to protect against, and manage, flood risk.
o Include sustainable urban drainage systems (SuDS) where surface water is
proposed to be discharged to the water environment, in accordance with the Water
Environment (Controlled Activities) (Scotland) Regulations 2011 as amended.
o Include provision of temporary/construction phase SuDS.
o include appropriate long-term maintenance arrangements.
o Be supported by an appropriate flood risk assessment where at risk of flooding from
any source in medium to high risk areas and for developments in low to medium risk areas
identified in the risk framework (schedule 7).
o Take account of SEPA's flood risk and land use vulnerability guidance (2018) and
any relevant updates to, or replacements of this guidance.   
Detailed Policy 29 - Energy Infrastructure
Policy 29: 
Energy Infrastructure Development 
We will support development proposals for energy infrastructure development, including
wind, solar, tidal, cropping and other renewable sources, where they will contribute
positively to our transition to a low carbon economy and have no unacceptable adverse
environmental impacts, taking into consideration (including cumulatively) the following: 
Environmental
o Communities and individual dwellings - including visual impact, residential amenity,
noise and shadow flicker;
o Water quality;
o Landscape - including avoiding unacceptable adverse impacts on our landscape
designations;
o Effects on the natural heritage - including birds;
o Carbon rich soils including peat;
o Impacts on the historic environment - including scheduled monuments, listed
buildings and their settings. 
Community
o Establishing the use of the site for energy infrastructure development;
o providing a net economic impact - including socio-economic benefits such as
employment, associated business and supply chain opportunities;
o Scale of contribution to renewable energy generation targets;
o Public access - including impact on long distance walking and cycling routes and
scenic routes identified in the National Planning Framework;
o Impacts on tourism and recreation;
o Specific locational opportunities for energy storage/generation.

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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 
A range of consultations for Section 36 applications are undertaken by the Energy Consents
Unit of the Scottish Government, who have the statutory duty to determine such
applications. In this respect, the Council is a statutory consultee. Publicity for proposals of
this type is carried out by the Energy Consents Unit, who would consider any public
comments they receive. 
To inform the Council's position on the proposals, a number of internal consultations were
undertaken, and are summarised below:

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NAC Active Travel & Transportation - No objections, and recommend that, for all the
junctions accessing the site, visibility splays of 2.5 metres by 120 metres, in both directions,
must be provided and maintained at the junction with the public road. No item with a height
greater than 1.05 metre above adjacent carriageway level must be located within these
sightline triangles. 
Response: Noted. A condition requiring the implementation of the above sightlines could be
recommended in the Council's response. 
NAC Flooding Officer - Advise that SEPA's flood hazard map indicates that parts of the
site are at high and medium risk of surface water flooding and the application documents
show that there is a network of drainage ditches within and around the site. The site plan
shows that the proposed solar panels would generally be located away from the areas of
indicative flood risk, which is an approach that NAC would support. NAC Flooding would,
however, strongly advise that the recommendations of the applicant's Flood Risk and
Drainage Assessment are either incorporated into the application drawings or that the
implementation and maintenance of the recommended actions are controlled by conditions
that would be attached to any consent. 
Response: Noted. A condition requiring the implementation and maintenance of the works
indicated above could be recommended in the Council's response. 
3. Analysis 
As noted above, the proposal requires to be considered against Strategic Policy 1 (The
Countryside Objective), Strategic Policy 2 (Placemaking), Policy 14 (Green & Blue
Infrastructure), Policy 15 (Landscape & Seascape), Policy 16 (Protection of our Designated
Sites); Policy 18 (Forestry, Woodland, Trees and Hedgerows), Policy 23 (Flood Risk
Management) and Policy 29 (Energy Infrastructure Development).  Each policy is
considered individually below. 
Strategic Policy 1 (The Countryside Objective)
Part c) of SP1 states that, in principle, the Council will support proposals in the countryside
for "developments with a demonstrable specific locational need including developments for
renewable energy production ie. wind turbines, hydroelectric schemes and solar farms." In
this case, it is proposed to develop a solar farm with battery storage and ancillary
infrastructure.  The majority of the site would retain its agricultural use, with improved
management of peatland and enhanced ecology. It is considered that the proposal has a
specific locational need and accords with SP1. 
Strategic Policy 2 (Placemaking)
The intention of SP2 is to ensure that all development contributes to making quality places. 
It safeguards, and where possible enhances, environmental or amenity impacts. In this
case, it is noted that the proposed solar farm would be sited so as to minimise impacts on
housing near the site.  This would be achieved by siting solar panels away from the edges of
fields near housing; retaining and restoring hedgerows and ensuring that the site
compounds (eg. battery storage area, sub-station area) would be screened by existing
woodland plantations.  It is considered that, in certain places, the woodland plantations are
in need of enhancement through additional or replacement planting to reinforce their

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effectiveness for screening and amenity purposes during the lifespan of the development. A
condition could be recommended in this respect. It should be noted that the proposed
racking system for mounting the solar panels would not exceed 3m above ground level, thus
minimising the visual impact on the flat, plateau landscape of the site. CCTV poles would
also be erected around the site, to enable monitoring of the panels and other plant to take
place remotely, the height of which would also be 3m.  Again, the landscape and visual
impact of these vertical elements would not be significant across the expansive site area,
being close to ground level and screened from external viewpoints by hedgerows and, in
places, woodland. There would be no other amenity impacts arising from the development
in terms of noise, overshadowing or privacy impacts. The glint and glare assessment
indicates that the panels would be black in colour and non-reflective. In summary, it is
considered that the proposals are acceptable in terms of SP2. 
Policy 14 (Green & Blue Infrastructure) 
The intention of this policy is to require that all proposals "seek to protect, create, enhance
and/or enlarge our natural features and habitats which make up our green and blue
infrastructure."  As noted above, the proposed development would include measures to
enhance biodiversity through the restoration of hedgerows, the restoration of degraded peat
and the planting of wild flowers following ground disturbance.  The policy notes that "support
will be given to proposals which seek to enhance biodiversity…. including the restoration of
degraded habitats and the avoidance of further fragmentation or isolation of habitats." It is
noted that the peatland restoration would bring a significant part of the site up to a standard
of habitat closer to that of the neighbouring SSSI/SPA designation at Dykeneuk Moss.  The
benefits of the development, in terms of habitat restoration and creation, would therefore
exceed the baseline conditions of the land in terms of its current use.  The proposals are
therefore acceptable in terms of Policy 14. 
Policy 15 (Landscape & Seascape)
The policy sets out to support development that protects and/or enhances our
landscape/seascape character, avoiding unacceptable adverse impacts on both designated
and non-designated landscape areas. The landscape character of the site and its
surroundings is with the 'Ayrshire Lowlands' in terms of the landscape character type
defined in the 'Ayrshire Landscape Assessment' produced in 1998 for the former Scottish
Natural Heritage. 'Ayrshire Lowlands' is described as "an extensive area of agricultural
lowland which occupies much of the Ayrshire basin…. The landform is surprisingly complex,
dissected by many burns and streams draining to incised main river valleys to create an
undulating lowland landscape. Landcover is predominantly pastoral. Cattle, sheep and
grassland are common…. A number of placenames include the term 'moss', reflecting the
presence of peat bogs and mires. Whilst many of these have been drained and reclaimed
for agriculture, some areas of peatland remain."   
The commentary goes on to state that "fields are often regular in shape and enclosed by
beech or hawthorn hedges. For the most part the hedges are in good condition. Many field
boundaries are also marked by mature hedgerow trees. These trees give the landscape a
surprisingly wooded character, often forming avenues along minor roads. In places this
structure has begun to decline as trees have been felled and not replaced."   
It is considered that, as part of the landscaping and mitigation works associated with the
proposals, the opportunity has arisen to restore not only the peatland and hedgerows but
also the hedgerow trees which were once typical of the locality. It is noted that most
hedgerows along the edges of the site have been cut back quite severely, with very few

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hedgerow trees remaining. Such tree planting within the hedgerows would help to filter
views towards the rows of solar panels, repair and enhance landscape character and
promote further biodiversity within this locality. Tree planting within hedgerows would not
form a dense barrier to light and would therefore be unlikely to have any material impact on
the performance of the solar panels. Elsewhere, it has been noted that within the woodland
areas that would be utilised for screening of battery storage units and other items of plant,
there is evidence of ash dieback and limited natural regeneration.  In these areas, work
would be required to restore the woodlands and thus repair the decline to landscape
character. A condition could be recommended to secure the details of such planting.
Subject to such a condition, the proposals would be acceptable in terms of Policy 15. 
Policy 16 (Protection of our Designated Sites)
The policy supports proposals which would not have an unacceptable effect on our valuable
natural environment as defined by a variety of legislative and planning designations. As
noted above, the site is close to the Dykeneuk Moss SSSI/SPA and Nature Conservation
Site of Local Importance. No part of the development would take place within the boundary
of these designations. The proposal would, however, enhance habitats within the boundary
of the solar farm site which would have a beneficial impact on the ecology of the SSSI (e.g.
peatland restoration).  As such, the proposals would be acceptable in respect of Policy 16. 
Policy 18 (Forestry, Woodland, Trees and Hedgerows) 
The policy seeks to resist the loss of established woodlands, trees and hedgerows. Where
loss is unavoidable as a result of development, compensatory planting is required. As
discussed above, the opportunity has arisen to increase tree planting at various locations
within the site, to improve woodland and to reinforce established hedgerows.  Such planting
would compensate for the sections of hedgerow to be removed for site accesses (although
existing field gates would be used whenever possible). Subject to the recommended
condition discussed above, the proposals would be acceptable in terms of Policy 18. 
Policy 23 (Flood Risk Management)
The policy supports development that demonstrates accordance with the Flood Risk
Framework shown in Schedule 7 of the LDP. The policy notes that development should
generally avoid locations of flood risk and should not lead to a significant increase in the
flood risk elsewhere.  Sustainable drainage systems should be incorporated into new
development.  In this instance, the consultation includes a flood risk and drainage
assessment.  This has been reviewed by the Council's Flooding Officer and found to be fit
for purpose.  A general condition is recommended that would require the implementation of
all measures identified in the supporting information, including flood protection and drainage
works, to be implemented during the course of the development. A Construction
Environmental Management Plan (CEMP) condition is also recommended. 
Policy 29 (Energy Infrastructure Development) 
This policy states that support will be given to energy infrastructure development, including
solar, where it will contribute to the transition to a low carbon economy and have no
unacceptable adverse environmental impacts. The policy requires that consideration be
given to environmental, community and public safety aspects of a development. 
In terms of environmental impacts, the proposals would be acceptable in terms of the
detailed policies considered above, resulting in a biodiversity net gain in comparison with
the baseline conditions (farmland).

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In terms of community impacts, it is considered that the proposals would contribute
significantly to the generation of renewable energy targets. There are no plans to create
pathways through the site (there are no designated footpaths within the site at present). It is
not considered that the proposals would have any adverse impacts on tourism and
recreation. The opportunity has been taken to provide battery storage within the site, which
would be screened from the nearby public road by woodland. 
In terms of public safety, the internal consultations carried out do not indicate any areas of
concern with the proposals. A Construction Environmental Management Plan (CEMP) could
be included as a recommended condition. 
The decommissioning of the site following its 40-year operational period could be secured
by condition, which could be recommended as part of the Council's consultation response.   
The proposals are considered to accord with Policy 29. 
The application has also been assessed against the adopted 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. In respect of this proposal, it
is noted that the key aims of NPF 4 relate to the climate and nature crises.  The proposed
development would generate electricity from a renewable source, as well as providing
battery storage facilities to improve the efficiency and effectiveness of the scheme. In
addition, considerable benefits for biodiversity and nature would be created through
peatland restoration, hedgerow restoration and new planting of pollen rich wild flowers.  The
underlying agricultural land use would also be retained in the interests of food production. 
Taking the foregoing into account, it is recommended that the Council, as Planning
Authority, does not object to the proposed development and recommends the undernoted
conditions to the Scottish Government's Energy Consents Unit for its consideration. 
4. Full Recommendation 
Approved subject to Conditions 
Reasons for Decision 
Condition 
1. That the development shall be implemented in accordance with the submitted plans,
drawings and recommendations contained in the application (inclusive of all associated
supporting reports and documentation) unless otherwise indicated below, all to the
satisfaction of North Ayrshire Council as Planning Authority. 
Reason 
To secure the implementation of the development in accordance with the supporting
information. 
Condition 
2. That prior to the commencement of the development, the applicant shall submit a
Construction Environmental Management Plan for the written approval of North Ayrshire
Council as Planning Authority, which shall address site construction traffic routes and
management, working hours, dust suppression measures, noise control measures and

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surface water run-off control measures.  Thereafter, the development shall be implemented
in accordance with such details as may be approved to the satisfaction of North Ayrshire
Council as Planning Authority. 
Reason 
In the interests of environmental protection during the construction phase. 
Condition 
3. That, for all roads/tracks accessing the site, visibility splays of 2.5 metres by 120
metres, in both directions, shall be provided and maintained at the junction with the
associated public road. No item with a height greater than 1.05 metre above adjacent
carriageway level must be located within these sightline triangles. 
Reason 
In the interests of road safety. 
Condition 
4. That, prior to the commencement of the development, the applicant shall submit for
the written approval of North Ayrshire Council as Planning Authority a scheme of
landscaping and tree planting. The scheme shall include: 
- the restoration of existing hedgerows, including the planting of hedgerow trees
throughout the site;
- the restoration of existing woodland areas, including the removal of diseased/dead
trees and details of their replacement;
- details of tree protection measures;
- details of wild flower planting; 
The landscaping and tree planting scheme shall include details of species, planting
densities, soil treatment and aftercare. Thereafter, the scheme as may be approved shall be
implemented prior the development becoming operational and managed thereafter to the
satisfaction of North Ayrshire Council as Planning Authority. 
Reason 
To secure a comprehensive scheme taking account of landscape character, visual
impact, biodiversity and habitats. 
Condition 
5. That, prior to the commencement of any peatland restoration, the applicant shall
submit for the written approval of North Ayrshire Council as Planning Authority a detailed
scheme of such works, including their timing and future management arrangements.
Thereafter, the scheme as may be approved shall be implemented and managed during the
lifespan of the solar farm to the satisfaction of North Ayrshire Council as Planning Authority. 
Reason 
To secure a comprehensive scheme taking account of biodiversity and habitats. 
Condition 
6. That, unless otherwise agreed in writing by North Ayrshire Council as Planning
Authority, the rated noise level, as defined in BS 4142:2014+A1:2019, from the operation of
fixed plant and machinery, including the battery storage facilities, sub-station, transformers,

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etc. shall not exceed the background noise level at the curtilage of any noise sensitive
property existing or consented at the time of the application. 
Reason 
To safeguard the residential amenity of houses within the vicinity of the site from
noise generated by fixed plant and machinery. 
Condition 
7. That the solar farm and battery storage facilities hereby permitted shall be removed
and the land restored for agriculture and/or nature conservation purposes within 40 years of
the date of the consent, all to the satisfaction of North Ayrshire Council as Planning
Authority, unless otherwise agreed beforehand. 
Reason 
To make provision for future land use to reflect that the operational phase of the
development is estimated to be 40 years. 
James Miller 
Chief Planning Officer           
For further information please contact Mr A Hume Planning Officer on 01294 324318.

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