Development Control Update
North Ayrshire Council · 6 June 2025
Back to Ayrshire Shared Services Committee — 6 June 2025 and its agenda
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East Ayrshire Council AYRSHIRE SHARED SERVICES JOINT COMMITTEE 6 June 2025 Report by the Head of Ayrshire Roads Alliance DEVELOPMENT CONTROL UPDATE - ROAD BONDS Purpose of report 1. The purpose of this Report is to update the Joint Committee on the current position regarding road bonds held by the Ayrshire Roads Alliance on behalf of East Ayrshire and South Ayrshire Councils. Recommendations 2. It is recommended that the Joint Committee: (i) Notes the position regarding road bonds currently held by the Ayrshire Roads Alliance on behalf of East Ayrshire Council and South Ayrshire Council; (ii) Agrees that progress updates are provided to future meetings of the Joint Committee on an annual basis; (iii) Otherwise, notes the content of this report. Background 3. The Roads (Scotland) Act 1984 requires that, for any road not constructed by a roads authority, the appropriate consent from the local roads authority is obtained to undertake this work. This is generally referred to as the Road Construction Consent (RCC). The Ayrshire Roads Alliance maintains a register of all RCCs under the remit of the Ayrshire Roads Alliance. 4. Where new roads are being constructed for private housing, the developers are required to provide the roads authority with security to cover the cost of constructing the roads should the developer default. The provisions are set out in the Security for Private Road Works (Scotland) Regulations 1985, as amended. This security may take the form of a cash deposit, but it is generally in the form of a road bond. The security is retained by the Roads Authority until completion of the consented works, although the value may be reduced as the works progress. Road bonds are not required for local authority or housing association developments.
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5. The Joint Committee, at its meeting on 23 May 2014, remitted the Head of Roads to undertake a review of road bonds more than three years old and report to a future meeting of the Joint Committee. An annual report is now presented to the Joint Committee summarising the road bond position and providing other updates on the development control process as required. Current Residential Bonds 6. A list of all RCCs and their associated road bonds for each Council area is shown in Appendix 1. As of 23 May 2025, ARA manages 33 road bonds with a current value of £10,549,846 in East Ayrshire, and 27 road bonds with a current value of £3,129,149 in South Ayrshire. 7. Appendix 2 provides details of completed road bonds and road adoptions since the previous report to Joint Committee on 6 September 2024, and Appendix 3 shows new bonds received since the previous report. 8. The current review has found that the value of the road bonds held in Appendix 1 is adequate to complete the outstanding road works on each development site across both East Ayrshire and South Ayrshire for which RCC has been issued. Construction Taking Place Without RCC and Road Bonds 9. There are no developments being constructed within either East Ayrshire Council or South Ayrshire Council areas without an RCC and Road Bond in place. Other Development Matters Corton, Ayr – Allanvale Residential 10. Allanvale Residential have previously submitted a total of nine RCC applications, eight for the Corton development in Ayr and one for Auchincruive. None of the nine RCCs are listed in Appendix 1 as consent has yet to be issued. Six of the Allanvale RCC applications have been reviewed by the ARA, with subsequent requests for road bonds totalling £3.3 million and associated inspection fees of £120,000 issued in June 2020, inspection fees have been received. In accordance with ARA procedures, RCC will not be granted until the road bonds are lodged with the Council. The remaining three RCC applications (not yet reviewed by the ARA) involve a further £4.5 million in road bonds and £175,000 in inspection fees, however these have yet to be requested. It should be noted that no development is currently taking place associated with any of the nine RCC applications, and therefore there is no breach of the regulations. Bonds Called-In 11. In the EAC area the ARA are in the process of calling in a Road Bond associated with a site in Galston where the owner of the development company has passed away. The bonds being called in are as follows: • EAC/CC/02/007 – Manse Gardens, Galston: £110,270; The bonds listed above are sufficient in value to cover the cost of completing the outstanding works, with ARA currently undertaking a final measure of works.
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12. In the SAC area the ARA are in the process of calling in a total of three Road Bonds associated with sites in development by Stewart Milne, who have cone into receivership. All three bonds are associated with RCC consents in their maintenance period, and ARA will complete the required snagging works to allow the associated development roads to be formally adopted. The bonds being called in are as follows: • SAC/133/05/12 – NE Troon Phase 1, Troon: £94,400; • SAC/135/07/12 – NE Troon Housing 1, Troon - £123,402; • SAC/162/01/18 – NE Troon, Phase 4 - £75,187 The bonds listed above are sufficient in value to cover the cost of snagging works to Council, with ARA officers currently finalising a bill of quantities associated with the outstanding snagging items. Non-Residential Road Bonds 13. Roads authorities have a general power under section 96 of the Roads (Scotland) Act 1984 to recover maintenance costs arising from damage caused by excessively heavy, or other extraordinary, vehicles or traffic. The type of development where this applies are Wind Farms or major infrastructure projects. 14. The status of non-residential bonds and financial guarantees is set out in the table below. In each case the bond value held has been assessed as being sufficient to cover the cost of potential works arising from extraordinary damage to roads infrastructure. 15. The Greenburn OCC is in its restoration phase and work on the reinstatement of the U720 road and use of the haul road bridge as part of the realigned public road is now complete and the road has been reopened to traffic. Formal adoption of the new section of road and the bridge has still to be concluded. Council Area Site Developer Agreement Bond Value East Ayrshire Greenburn Open Cast Coal Keir Mining Parent Company Guarantee £0.025M East Ayrshire Afton Wind Farm Afton Wind Farm Ltd Section 96 of Roads (Scotland) Act £1.150M South Ayrshire Assel Valley Wind Farm Assel Valley Wind Energy Ltd Section 96 of Roads (Scotland) Act £0.107M Implications Implications Yes No Paragraph number in report 1. Policy/Strategic Planning X 16 2. Governance X 17 3. Human Resources X 18 4. Equality and Fairer Scotland Duty X 19 5. Financial X 20
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6. Risk X 21 7. Community Wealth Building X 22 8. Net Zero X 23 Policy/strategic planning implications 16. None. Governance implications 17. The work to manage RCCs and road bonds is carried out in accordance with the Roads (Scotland) Act 1984 and its associated statutory instruments. Human resources implications 18. The management of the development control function and continued review of road bonds will be undertaken within existing staff resources. Equality impact and Fairer Scotland duty implications 19. None. Financial implications 20. The road bonds currently held by the Alliance on behalf of both East Ayrshire Council and South Ayrshire Council are sufficient to complete the outstanding roadworks on each development site for which RCC has been issued. Risk implications 21. Inadequate road bond values expose the roads authority to a potential financial shortfall if the roadworks have to be completed by them should the developer default. An RCC is valid for three years and the developer may ask the roads authority for an extension if the site is incomplete after this period. The value of road bonds that are more than three years old will therefore continue to be reviewed to determine their adequacy to complete the outstanding works required to comply with the RCC. Where a shortfall is identified the developer will be advised to increase the value of the road bond held when an application is made for an extension to the RCC. Community Wealth Building implications 22. New Development provides economic levers to develop resilient, inclusive local economies with more local spend and fair employment, as well as ensuring that wealth is more locally owned and benefits local people.
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Net zero implications 23. None. Appendices Appendix 1 - Register of Road Bonds Held at 23 May 2025 Appendix 2 - Completed Road Bonds and Road Adoptions since September 2024 Appendix 3 - New Bonds received since September 2024 Background papers Development Control Update - Road Bonds - 23 May 2014 Development Control Update - Road Bonds - 21 August 2014 Development Control Update - Road Bonds - 6 November 2015 Development Control Update - Road Bonds - 17 February 2017 Development Control Update - Road Bonds - 16 February 2018 Development Control Update - Road Bonds - 25 April 2019 Non-Residential Road Bonds - 29 August 2019 Development Control Update - Road Bonds – 4 June 2021 Development Control Update - Road Bonds – 10 June 2022 Development Control Update – Road Bonds – 01 September 2023 Development Control Update – Road Bonds – 06 September 2024 Person to contact Jane Corrie, Head of Roads - Ayrshire Roads Alliance Tel No. 01563 503164 E-mail: jane.corrie@ayrshireroadsalliance.org Implementation Officer Jane Corrie, Head of Roads - Ayrshire Roads Alliance Tel No. 01563 503164 E-mail: jane.corrie@ayrshireroadsalliance.org
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Appendix 1 - Road Bonds Held at 23 May 2025 East Ayrshire RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status EAC/CC/02/007 EXT KG Building and Civil Eng Ltd Manse Gardens, Brewlands Street, Galston NHBC £110,270 £110,270 Bond called in - currently undertaking final measure. EAC/CC/08/013 McTaggart Construction Ltd Dunlop House, Dunlop MD Insurance Services Ltd £353,682 £353,682 Site currently abandoned. Awaiting new application from developer, Bond remains unchanged. EAC/CC/16/004 Mooncatcher Ltd/Campbell Homes Rigg Road, Cumnock, Phase 1 Cash Deposit £193,844 £168,830 Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4. Site Completion Estimated June 25. EAC/CC/16/009 ARH Homes Ltd Riverside Gardens, Cronberry Cash Deposit £130,929 £66,860 Site on going. EAC/CC/17/003 EXT PHASES 1&2 Auberne Homes Former Holmhead hospital site, Cumnock, Phases 1&2 Acasta European £145,818.50 £29,164 Site completed, on maintenance period since 01/08/23. Lighting remedial work required before full adoption. EAC/CC/18/010 Mooncatcher/ Campbell Homes Rigg Road, Cumnock, Phase 2 Cash Deposit £58,404 See status Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4. Site completion estimated June 25. EAC/CC/18/013 Valley Homes (Scotland) Ltd John Street, Catrine, Phase 1A Cash Deposit £29,641 £2,964.11 Site completed, on maintenance period since 06/03/24. Adoption paperwork to be processed. EAC/CC/18/015 Phase 1 Auberne Homes/Viga Homes Main Street, Auchinleck (Phase 1) Acasta International £55,498 £55,498 Site currently being developed. Bond total for Phase 1 & 2 £110,996. Roadworks to be completed Oct 2024 Road bond will be reduced thereafter to 90%. Developer given final opportunity to complete works by June 25. EAC/CC/18/015 Phase 2 Auberne Homes/Viga Homes Main Street, Auchinleck (Phase 2) Acasta International £55,498 £55,498 Site currently being developed. Bond total for Phase 1 & 2 £110,996. Roadworks to be completed Oct 2024 Road bond will be reduced thereafter to 90%. Developer given final opportunity to complete works by June 25. EAC/CC/19/003 Campbell Homes Rigg Road, Cumnock, Phase 3 Cash Deposit £81,401 See status Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4. Site completion estimated June 25.
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EAC/CC/19/005 Campbell Homes Rigg Road, Cumnock, Phase 4 Cash Deposit £49,718 See status Site currently being developed. Remaining cash bond of £168,830 from EAC/CC/16/004 covers outstanding value of roadworks for Phases 1 – 4. Site completion estimated June 25. EAC/CC/19/013 Campbell Homes Rigg Road, Cumnock, Phase 5 Cash Deposit £65,114.84 £65,114.84 Site currently being developed. LODGED AS CASH BOND 5,6&7 TOTAL £170,807.79. Site completion estimated June 25. EAC/CC/21/005 Campbell Homes Rigg Road, Cumnock, Phase 6 Cash Deposit £61,114.61 £61,114.61 Site currently being developed. LODGED AS CASH BOND 5,6&7 TOTAL £170,807.79. Site completion estimated June 25. EAC/CC/21/006 Campbell Homes Rigg Road, Cumnock, Phase 7 Cash Deposit £44,578.34 £44,578.34 Site currently being developed. LODGED AS CASH BOND 5,6&7 TOTAL £170,807.79. Site completion estimated June 25. EAC/CC/21/009 Campbell Homes Rigg Road, Cumnock, Phase 8 Cash Deposit £99,888.44 99,888.44 Site currently being developed. Site completion estimated June 25. EAC/CC/22/008 Campbell Homes Rigg Road, Cumnock. Phase 9 Cash Deposit As per Ph 1> Ph 8 As per Ph 1> Ph 8 Site currently being developed. Cash Bond for Ph 1 > Ph 8 now covers Ph 9 > Ph 11 also. Site completion estimated June 25. EAC/CC/23/001 Campbell Homes Rigg Road, Cumnock. Phase 10 Cash Deposit As per Ph 1> Ph 8 As per Ph 1> Ph 8 Site currently being developed. Cash Bond for Ph 1 > Ph 8 now covers Ph 9 > Ph 11 also. Site completion estimated June 25. EAC/CC/23/002 Campbell Homes Rigg Road, Cumnock. Phase 11 Cash Deposit As per Ph 1> Ph 8 As per Ph 1> Ph 8 Site currently being developed. Cash Bond for Ph 1 > Ph 8 now covers Ph 9 > Ph 11 also. Site completion estimated June 25. EAC/CC/19/009 Bellway Homes Ltd Fardalehill, Kilmarnock, Phase 3 NHBC £1,018,084.00 £101,808.38 Site currently being developed. Bond reduced to 10% on 12/06/2023. EAC/CC/22/005 Bellway Homes Fardalehill Phase 4 HCC International £768,653.35 £768,653.35 Site currently being developed. EAC/CC/22/010 Bellway Homes Fardalehill Phase 6 HCC International £2,814,044.00 £2,814,044.00 Site currently being developed. EAC/CC/20/001 Kukoon Homes Thorntoun Estate, Crosshouse Casualty and General Insurance £181,388.00 £181,388.00 Work ongoing EAC/CC/20/002 Phases 1 - 4 Hayhill Developments Hillhead Road, Mauchline, Phases 1 - 4 Cash Deposit £656,704.71 £6,567.05 Site completed, on maintenance period since 02/08/23. Site on further maintenance period due to failed manholes. EAC/20/004B Murdoch Properties Glebe Road, Galston. Phase 2, North, Road 2. (Adoptable) Cash Deposit £44,215.84 £44,215.84 Site currently going through process to be added to maintenance period. If successful bond will be reduced to the 10% EAC/CC/20/007 Avant Homes (Scotland) Loudoun Street, Draffen, Stewarton NHBC £2,125,456 £1,062,728 Site currently being developed EAC/CC/21/003 Milestone Homes BALLOCHMYLE, Evolution Insurance £85,092.00 £8,509.20 Site complete. Adoption paperwork to be processed.
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PHASE 3 EAC/CC/21/011 J. Campbell, New Cumnock Muirkirk Road, Lugar AVIVA £108,370.21 £10,837.02 Site completed, on maintenance period since 05/04/23. Adoption paperwork to be processed. EAC/CC/21/007 Miller Homes Ltd Irvine Road, Kilmaurs NHBC £1,743,070.61 £174,307.06 Maintenance period commenced 27/06/24. EAC/CC/22/004 Barratt Homes Northcraigs Spine Road, Kilmarnock NHBC £1,115,089.00 £557,544.50 Work ongoing – bond reduced to 50% (£557,544.50) EAC/CC/23/004 Barratt Homes Northcraigs Phase 1, Kilmarnock NHBC £1,695,800.00 £847,900.00 Work ongoing – bond reduced to 50% (£847,900.00) EAC/CC/23/009 Bellway Homes Dumfries Drive, Kilmarnock NHBC £1,169,078.39 £1,169,078.39 Work Ongoing EAC/CC/24/003 Taylor Wimpey West Northcraigs Wimpey NHBC £1,660,961.16 £1,660,961.16 Work Ongoing EAC/CC/25/001 Advanced Construction Dareduff Quarry Cash Deposit £27,841.38 £27,841.38 Work Ongoing
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South Ayrshire RCC Ref Developer Site Bond Provider Original Bond Value Current Bond Value Status SAC/133/05/12 Stewart Milne NE Troon Phase 1, Troon NHBC £849,603.00 £94,400.00 Bond in the process of being called in to allow snagging works to be completed (site was in maintenance period) SAC/135/07/12 Stewart Milne NE Troon Housing 1, Troon NHBC £1,110,614.00 £123,402.00 Bond in the process of being called in to allow snagging works to be completed (site was in maintenance period) SAC/162/01/18 Stewart Milne N E Troon, Phase 4 NHBC £676,681.87 £75,187.00 Bond in the process of being called in to allow snagging works to be completed (site was in maintenance period) SAC/134/06/12 Taylor Wimpey N E Troon Distributor Road, Phase 2A NHBC £576,486.63 £57,649.00 In maintenance period from 20/12/24 SAC/166/05/18 Taylor Wimpey N E Troon Distributor Road, Phase 2B NHBC £576,486,63 £57,649.00 In maintenance period from 20/12/24 SAC/167/06/18 Taylor Wimpey N E Troon Distributor Road, Phase 2C NHBC £576,486,63 £57,649.00 In maintenance period from 20/12/24 SAC/161/04/17 Taylor Wimpey N E Troon, Phase 3 NHBC £584,889.22 £58,489.00 In maintenance period from 20/12/24 SAC/168/07/18 Taylor Wimpey N E Troon, Phase 5 NHBC £346,121.63 £34,612.00 In maintenance period from 20/12/24 SAC/176/01/20 Taylor Wimpey N E Troon phase 6 NHBC £329,369.00 £32,937.00 In maintenance period from 20/12/24 SAC//187/12/20 Taylor Wimpey N E Troon, Phase 7 NHBC £395,682.75 £197,841.00 Work ongoing SAC/192/17/20 Taylor Wimpey N E Troon, phase 8 NHBC £797,174.00 £79,717.00 In maintenance period from 20/12/24 SAC/138/03/14 Bellway Homes Ltd Kilmarnock Road, Brassie NHBC £508,825.00 £56,536.00 In maintenance period SAC/147/04/15 Bellway Homes Ltd Kilmarnock Road, Phase 2, Troon NHBC £424,252.00 £47,139.00 In maintenance period SAC/142/06/14 Mactaggart & Mickel Greenan, Phase II, Ayr NHBC £1,970,572.00 £197,057.20 In maintenance period SAC/163/02/18 Mactaggart & Mickel Greenan, Ayr Phase 3 NHBC £67,181.00 £67,181.00 Work ongoing SAC/193/01/21 Mactaggart & Mickel Greenan, Phase 4 NHBC £661,142.00 £66,114.19 In maintenance period SAC171/02/19 Cala Homes Greenan Phase 6 NHBC £963,940.94 £96,394.00 In maintenance period SAC/199/07/21 Cala Homes Greenan, Phase 8 NHBC £372,104.00 £37,210.00 In maintenance period SAC/159/02/17 Mactaggart & Mickel Townend Brae, Symington Phase 3 NHBC £610,581.00 £30,529.00 In maintenance period
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SAC/170/01/19 Milestone Developments West Parish, Maybole Cash Deposit £10,933.00 £10,933.00 Work ongoing SAC/175/06/19 Westpoint Homes Seafield Hospital NHBC £577,447.62 £57,744.76 In maintenance period SAC/177/02/20 Persimmon Homes Tarbolton Road, Monkton, Phase 1 NHBC £509,382.85 £509,382.00 Work ongoing – Appendix 1 issued SAC/178/03/20 Persimmon Homes Tarbolton Road, Monkton phase 2 NHBC £707,634.85 £707,634.00 Work ongoing – Appendix 1 issued SAC/201/09/21 Persimmon Homes Monkton, Phase 6 NHBC £432,257.00 £216,128.00 Work ongoing SAC/194/02/21 Milestone Developments Tunnoch Farm, Phase 1B Evo Surety £540,000.00 £54,000.00 In maintenance period SAC/194/02/21 Milestone Developments Tunnoch Farm, Phase 1B Evo Surety £540,000.00 £54,000.00 In maintenance period SAC/206/01/22 Milestone Developments Tunnoch Farm Phase 2 Evo Surety £516,249.00 £51,634.90 In maintenance period from 28/11/24
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Appendix 2 - Completed Road Bonds and Road Adoptions since September 2024 East Ayrshire RCC Ref Developer Site Bond Release Date Adoption Date Comments EAC/CC/15/003 Murdoch Property Development Ladeside, Newmilns 07/02/2025 07/02/2025 None EAC/CC/20/006 Glencairn Estates One Recreation Road, Cumnock 14/08/2023 07/02/2025 None EAC/CC/21/001 Milestone Homes BALLOCHMYLE, PHASE 1 12/06/2024 12/06/2024 None EAC/CC/16/003 Phase 1 Persimmon Homes Dunlop Road, Stewarton, Phase 1 08/10/2024 08/10/2024 None EAC/CC/16/003 Phase 2 Persimmon Homes Dunlop Road, Stewarton, Phase 2 08/10/2024 08/10/2024 None EAC/CC/16/003 Phase 3 Persimmon Homes Dunlop Road, Stewarton, Phase 3 08/10/2024 08/10/2024 None EAC/CC/16/003 Phase 4 Persimmon Homes Dunlop Road, Stewarton, Phase 4 08/10/2024 08/10/2024 None EAC/CC/16/003 Phase 5 Persimmon Homes Dunlop Road, Stewarton, Phase 5 08/10/2024 08/10/2024 None EAC/CC/17/008 Barratt Homes Northcraigs, Kilmarnock, 29/01/2025 29/01/2025 Note: this covers a separate section of development road separate section to that covered by EAC/CC/23/004 (in Appendix 1) EAC/CC/19/008 Barratt Homes West Former Kilmarnock College, Holehouse Road, Kilmarnock 29/01/2025 29/01/2025 None South Ayrshire RCC Ref Developer Site Bond Release Date Adoption Date Comments SAC/158/01/17 Tom Bennet/Hiltech Design Culzean Road, Maybole 17/02/2021 17/02/2021 Site was adopted some time ago, but was incorrectly shown as live in previous report
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Appendix 3 - New Bonds received since September 2024 East Ayrshire RCC Ref Developer Site Bond Provider Bond Value Status N/A No new bonds received since September 2024 for EAC sites; however, several are currently being processed and will require road bonds/cash bonds to be in place prior to the issue of RCC consent. South Ayrshire RCC Ref Developer Site Bond Provider Bond Value Status N/A No new bonds received since September 2024 for SAC sites; however, several are currently being processed and will require road bonds/cash bonds to be in place prior to the issue of RCC consent. End.