REGULATORY PANEL: 04 FEBRUARY 2021 - South Ayrshire Council
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Agenda Item No 4/2
REGULATORY PANEL: 04 FEBRUARY 2021
REPORT BY PLACE DIRECTORATE
20/00376/FURM
LAND AT HEATHFIELD RETAIL PARK LIBERATOR DRIVE AYR SOUTH AYRSHIRE
Location Plan
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Summary
The application seeks to vary Condition 2 and Condition 5 of planning permission reference 18/00935/FURM covering
the retail park at Heathfield ‘A’, in Ayr. Condition 2 restricts the range of goods that can be sold within each of the
individual units whereas Condition 5 restricts the sub-division and amalgamation of units. The application seeks to vary
these conditions to permit the amalgamation of Units 2A, 2B and 3 to permit these to operate as one unit retailing a
mixture of bulky comparison goods and ‘homewares’. The existing planning permission for units 2A and 2B allow for the
installation of mezzanine floor extensions. The applicant does not intend to install these and is seeking ‘removal’ of the
permission for these. The Town Centres & Retailing Local Development Plan (TCRLDP) strategy for Heathfield ‘A’ seeks
to protect the vitality and viability of Ayr and Prestwick town centres through restriction of the range of goods to bulky
comparison at Heathfield. The TCRLDP does however permit a proportion of the floorspace to be used for ‘homewares’.
The net effect of reducing the floor area of the stores and varying the percentage of the retail space that can be used
for Homewares is less floorspace being used for this form of retailing compared to the current permitted situation. LDP
Policy: Commercial Centres (Heathfield) further requires that ‘homewares’ only be retailed from singular units. In this
case, one of the units being incorporated has permission for retailing homewares. The total area sought for homewares
within the amalgamated unit is less than the existing permitted area. Ayrshire Roads Alliance has no objection to the
application and no representations have been received. It is further noted that the units are vacant and that this
permission will help ensure the reoccupation of the units. It is considered that it would be unreasonable to refuse
permission solely on the basis that the ‘homewares’ element is not contained within a separate unit from the bulky goods
given that the impact on the town centre is likely to be marginally less and certainly no greater than the existing situation.
The proposal is therefore considered to be acceptable as a minor departure to the TCRLDP policy for Heathfield ‘A’.REPORT BY PLACE DIRECTORATE
REGULATORY PANEL: 04 FEBRUARY 2021
SUBJECT: PLANNING APPLICATION REPORT
APPLICATION REF: 20/00376/FURM
SITE ADDRESS: LAND AT HEATHFIELD RETAIL PARK
LIBERATOR DRIVE
AYR
SOUTH AYRSHIRE
DESCRIPTION: FURTHER APPLICATION TO VARY CONDITIONS 2 AND 5 OF PLANNING
PERMISSION 18/00935/FURM TO ALLOW THE AMALGAMATION OF
UNITS 2A/2B/3 AND FOR THE UNIT TO SELL 'HOMEWARES' GOODS
RECOMMENDATION: APPROVAL WITH CONDITIONS
APPLICATION REPORT
This report fulfils the requirements of Regulation 16, Schedule 2, paragraphs 3(c) and 4 of The Town and Country
Planning (Development Management Procedure) (Scotland) Regulations 2013. The application is considered in
accordance with the Council’s Scheme of Delegation as well as the Procedures for the Handling of Planning Applications,
subject to certain restrictions arising directly from the public health measures put in place to deal with the COVID-19
(Coronavirus) pandemic.
1. Proposal:
Permission is being sought to vary conditions 2 and 5 of planning permission 18/00935/FURM to amalgamate
Units 2A, 2B and 3 at Heathfield Retail Park to form one large retail unit selling a combination of ‘bulky goods’ and
‘homewares’.
The units are located within the Heathfield Retail Park within Ayr. For the purposes of the Town Centres & Retail
Local Development Plan, the retail park is divided up into “Heathfield A” and “Heathfield B”. “Heathfield A” is
located on the east side of Liberator Drive and comprises a grouping of retail warehouses. Heathfield B is located
on the west side of Liberator Drive and comprises the Asda supermarket. There are 19 warehouses within
“Heathfield A” and two freestanding restaurants. All units are permitted to sell ‘bulky goods’ (furniture, household
appliances, floor-coverings, DIY and gardening goods), however, 3 units (Units 1A, 2B and 18) are permitted to
sell ‘homewares’ (stationery, home-furnishings, kitchenware, food & drink and DIY) in addition to ‘bulky goods’.
Unit 2A has an existing internal gross floor area of 1029 m2 and is permitted to sell bulky goods only. Unit 2B has
an internal gross floor area of 743 m2 and is permitted to sell bulky goods and/or homewares. Unit 3 has an
internal gross floor area of 929 m2 and is permitted to sell bulky goods only. Units 2A and 2B have extant planning
permissions for mezzanine floors totalling 1076m2. The current application includes a proposal to limit the internal
gross floorspace of Units 2A and 2B to the existing floor area as the owner of the units does not intend to implement
the extant permissions. The application proposes that the net retail sales area of the amalgamated units be
restricted to 2446 m2.
The relevant planning conditions which the application seeks to vary are set out below for reference.
Page | 1Condition 2
(2) That the goods to be sold in units 1A, 1B, 2A, 2B, 3, 4, 5, 6, 7, 9, 10, 12, 17, 18 and 19, as defined on
drawing SK 190117-01 dated 17.01.2019 shall be limited as follows:
(a) ……..
(c) Unit 2A shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home furnishings
and electrical goods except in respect of a maximum of 10% of the gross floorspace from which it is
permitted to sell any goods falling within class 1 of the Town and Country Planning (Use Classes)
(Scotland) Order 1997.
d) Unit 2B shall be limited to the following ranges of goods. The maximum floorspace to be occupied by each
range of goods shall be limited to the percentage identified in brackets after each goods range, and is
expressed as a percentage of the net floorspace of the unit: Food and Drink (up to 49%), DIY and
Gardening (Up to 100%), Household Textiles and Decorations (Up to 100%), Furniture (Up to 100%),
Carpets and Other Floor Coverings (Up to 100%), Electrical Products (Up to 100%), Household Cleaning
(Up to 100%), Sports and Leisure (Up to 10% excluding sports and leisure clothing and footwear),
Stationary/ Papers (Up to 10% excluding reading books), Clothing and Footwear (Up to 10%), Personal
(Up to 10%), Toys/ Games/ Crafts (Up to 10%), Pets (Up to 10% excluding live animals, veterinary services
and grooming services), Kitchenware (Up to 10%), Other (which excludes any goods falling within any of
the above categories) (Up to 10%).
e) Unit 3 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home furnishings
and electrical goods except in respect of a maximum of 10% of the gross floorspace from which it is
permitted to sell any goods falling within class 1 of the Town and Country Planning (Use Classes)
(Scotland) Order 1997.
(f) …….
Condition 5
(5) That no unit shall be sub-divided or amalgamated without the prior written approval of the Planning Authority.
A processing agreement has been prepared and agreed in consultation with the applicant which agrees that the
Planning Service will endeavour to present the application to the Council's Regulatory Panel on 4 February 2021
or sooner. This application is being presented to the Regulatory Panel as it falls within the category of Major
Development as defined by Planning Regulations. As it is not considered to be significantly contrary to the
development plan it does not require to be determined by Full Council.
2. Consultations:
Ayrshire Roads Alliance No objection
3. Submitted Assessments/Reports:
In assessing and reporting on a planning application the Council is required to provide details of any report or
assessment submitted as set out in Regulation 16, Schedule 2, para. 4 (c) (i) to (iv) of the Development
Management Regulations.
Planning Statement: This document notes that the three units concerned are currently vacant and an operator
has been found to occupy all three. The document explains the new operator’s requirements in terms of the total
floorspace required and the range of goods to be sold. The operator plans to sell a range of bulky comparison
goods, non-bulky comparison goods and a small element of food. The majority of floorspace will be required for
retailing bulky-goods, with the remaining floorspace being use for ‘homewares’ (restricted range of non-bulky
goods in accordance with the Local Development Plan definition and current planning conditions) and food. The
document states that the application is not seeking to expand the range of homewares goods floorspace and
accordingly there is no conflict with planning policy for Heathfield Retail Park.
4. S75 Obligations:
In assessing and reporting on a planning application the Council is required to provide a summary of the terms of
any planning obligation entered into under Section 75 of the Town and Country Planning (Scotland) Act in relation
to the grant of planning permission for the proposed development None.
Page | 25. Scottish Ministers Directions:
In determining a planning application, the Council is required to provide details of any Direction made by Scottish
Ministers under Regulation 30 (Directions requiring consultation), Regulation 31 (Directions requiring information),
Regulation 32 (Directions restricting the grant of planning permission) and Regulation 33 (Directions requiring
consideration of condition) of The Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013, or under Regulation 50 (that development is EIA development) of the Town and Country
Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 None.
6. Representations:
No representations were received.
7. Assessment:
The material considerations in the assessment of this planning application are the planning history, provisions of
the development plan, other policy considerations (including government guidance), and the impact of the
proposal on the amenity of the locality.
(i) Relevant Planning History
14/00611/APPM approved for the erection of three retail units within “Heathfield A” and internal mezzanine
extensions within the existing retail warehouses within “Heathfield A”.
15/00428/FURM approved to vary condition 2 of 14/00611/APPM to allow for the sale of homewares within
“Heathfield A” up to a defined maximum gross floorspace.
18/00934/FURM approved to vary conditions attached to planning permission 15/00428/FURM to allow Unit 1A
to sell homewares.
18/00935/FURM approved to vary conditions attached to planning permission 15/00428/FURM to allow Unit 1B
to be occupied by a food and convenience retailer.
20/00472/APP Current planning application for permission to alter the exterior of the building and form an external
garden centre sales and display area with fenced enclosure.
(ii) Development Plan
Section 25 of the Town and Country Planning (Scotland) Act 1997 (as amended) indicates that in making any
determination under the Planning Acts, regard is to be had to the development plan; the determination shall be
made in accordance with the plan unless material considerations indicate otherwise. In this instance the
development plan comprises the South Ayrshire Local development Plan and the South Ayrshire Town Centres
and Retail Local Development Plan (TCRLDP).
The following provisions of the development plan are considered relevant to the consideration of this application:
Town Centres & Retail LDP Policy: Commercial Centres (Heathfield): This seeks to ensure that the retail park
complements Ayr town centre and does not adversely affect the vitality or viability of the retail function of the town
centre, in accordance with Scottish Planning Policy. This is to be achieved, primarily, by limiting the range of
goods that can be sold at Heathfield to “bulky comparison” goods. Additionally, the policy allows up to 20% of the
gross floorspace of the Units within Site ‘A’ to be used for retailing ‘homewares’.
The existing permissions granted for development within ‘Heathfield A’ permit up to 25% of the gross floorspace
to be used for ‘Homewares’ and this is a significant material consideration. The most recent permissions (ref
18/00934/FURM and 18/00935/FURM) were approved by the Regulatory Panel on 26 February 2019. Planning
Permission 18/00934/FURM permits the use of Unit 1A for retailing ‘homewares’ and unit 1B as bulky goods
whereas permission 18/00935/FURM permits Unit 1A as ‘homewares’ and Unit 1B to be occupied by a Food
retailer. The conditions attached to these new permissions sought to ensure that the range of goods sold remains
complementary to the town centre retail functions and to provide greater clarity on the amount of floorspace that
can be used for the different categories. Whereas the previous permission permitted a maximum floorspace that
could be used for homewares spread across all the units, the new permissions identified specific units that can
be used for homewares.
Page | 3The current proposals seek to amalgamate Units 2A, 2B and 3 to form a single retail unit selling a mixture of bulky
goods and ‘homewares’ and to reduce the gross floorspace through restriction on implementation of the two
previously approved internal mezzanine floor extensions. Units 2A and 3 are currently restricted to bulky goods,
with the exception that 10% of the gross floorspace can be used for retailing any goods falling within Class 1 of
the Use Classes Order. Unit 2B is permitted to sell ‘Homewares’ goods up to 100% of the net floorspace as well
as bulky goods. ‘Homewares’ are defined in the TCRLDP Policy: Commercial Centres (Heathfield) as all retail
goods with the exception of fashion clothing and footwear but specifically including home furnishings, stationery,
kitchenware, food & drink and DIY. The current planning conditions attached to the consents for Heathfield ‘A’ set
specific percentage limits for various categories of goods for each of the ‘homewares’ units. The following table
compares the current restrictions on the use of the retail sales space within Unit 2B with the proposed restrictions
across the amalgamated unit:
Existing & Proposed Restrictions
Existing Proposed
Type of Goods % %
DIY, Hardware & Gardening 100 100
Household Textiles/decorations 100 100
Furniture 100 100
Carpets & Floorcoverings 100 100
Electrical 100 100
Food & Drink 49* 5
Household Cleaning 100* 5
Sports & Leisure 10* 1
Stationery 10* 5
Clothing & Footwear 10* 1
Personal Items 10* 1
Toys & Games 10* 5
Pet Supplies 10* 5
Kitchenware 10* 5
Other 10 10
*Unit 2B only
The table below demonstrates the effects on the total (maximum) sales area available for bulky comparison,
‘homewares’ and ‘other’ goods as a result of the removal of the mezzanine floor extensions and the changes to
the restrictions on the ranges of goods. The table demonstrates that there will be a reduction in the area available
for ‘homewares’ and other (non-bulky) goods. There will also be a reduction in the permitted sales area for bulky
goods as a result of the removal of the mezzanines.
Current and Proposed Permitted Maximum Floorspace Allocations Units 2A, 2B & 3
Consented (Sqm) Proposed (Sqm) Difference
Goods Range Max Floor area Goods Range Max Floor area +/-
Bulky Goods 3777 Bulky Goods 2701 -1076
Homewares 1003 Homewares 891 -112
Other Non- Bulky 378 Other Non- Bulky 270 -108
Maximum Floorspace 1381 Maximum Floorspace that 1161 -220
that can be used for can be used for ‘non-bulky’
‘non-bulky’ goods goods
As stated above, the TCRLDP seeks to ensure that new retail development located outwith the town centres does
not adversely affect the vitality or viability of the retail function of the town centre. In accordance with the objective
of the TCRLDP, the planning conditions applying to the units at Heathfield ‘A’ limit the amount of floorspace that
can be used for ‘non-bulky goods’ (‘homewares’ and ‘other’ goods), in order to limit the extent to which consumer
spending is drawn away from the town centres. The current proposal would result in less floorspace being used
for retailing ‘homewares’ and ‘other’ goods at Heathfield ‘A’ and consequently, it is not anticipated that the proposal
will result in further diversion of trade from Ayr or Prestwick town centres. The proposal does not therefore conflict
with the objectives of the TCRLDP.
Page | 4LDP Policy: Commercial Centres (Heathfield) further requires that ‘homewares’ only be retailed from singular
units. In this case, one of the units being incorporated has permission for retailing homewares. The total area
sought for homewares within the amalgamated unit is less than the existing permitted area. It is considered that it
would be unreasonable to refuse permission on the basis that the ‘homewares’ element is not contained within a
separate unit from the bulky goods given that the impact on the town centre is likely to be marginally less and
certainly no greater than the existing situation. The proposal is considered to be acceptable as a minor departure
to the TCRLDP policy for Heathfield ‘A’.
The provisions of the Adopted South Ayrshire Local Plan must be read and applied as a whole, and as such, no
single policy should be read in isolation. The application has been considered in this context.
Note On Proposed Local Development Plan
At a special meeting on 1 September 2020, the Council considered representations on the Modified Proposed
Replacement South Ayrshire Local Development Plan (MPLDP2), submitted in response to public consultation,
and agreed (1) to submit the Plan, without further modification, to the Scottish Ministers for Examination; and (2)
the Plan would be a material consideration in determining planning applications, with the weight accorded to it
increasing as it progresses through the statutory process. As MPLDP2 now represents the Council’s settled
position on the Development Plan it wishes to progress to adoption, it is a material consideration in the
assessment of planning applications. However, it remains the subject of unresolved representations, which will
be considered by the Scottish Government’s Directorate of Planning and Environmental Appeals (DPEA), as part
of the Examination process. In considering development proposals, the Council may now apportion significant
weight to those principles or policies of MPLDP2 which are not the subject of unresolved representations.
The policies covering the retail restrictions at Heathfield are not substantially different to the policies contained
within the adopted TCRLDP. Whilst there have been objections to some aspects of the two Heathfield policies,
(which means that both will therefore be subject to examination), there were no objections to the principles of, or
restrictions applicable to, the existing retail park (referenced as ‘site A’ in MPLDP2). Given the objections received
however it is not considered that the Modified Proposed LDP has significant weight in the assessment of this
application.
(ii) Other Policy Considerations (including Government Guidance)
Scottish Planning Policy advises that the planning system should apply a town centre first policy when planning
for uses which will attract significant numbers of people, including retail facilities and ensure that decision making
supports successful town centres. Decisions on development should have regard to the context provided by the
network of centres identified in the development plan and the sequential approach. The proposal is consistent
with the retail hierarchy and the strategy for Heathfield ‘A’, which supports a limited amount of ‘homewares’
retailing.
(iii) Objector Concerns
None
(iv) Impact on the Locality
The proposal will result in a small reduction in the amount of retail floorspace within Heathfield ‘A’ and it is not
anticipated that the development will have any impact on the amenity of Heathfield or the surrounding area. There
are limited external alterations to the building which are covered under a separate planning application (ref
20/00472/APP). Ayrshire Roads Alliance have raised no concerns in terms of road safety, volume of traffic or
vehicle parking. It is not considered, therefore that the development will have an impact on the amenity of the
Heathfield Retail Park or surrounding areas.
Page | 58. Conclusion:
The proposal will result in the re-occupation of three retail units that are currently vacant. In terms of the overall
Heathfield ‘A’ area, the amount of floorspace used for retailing of ‘homewares’ goods will not increase as a result
of this application and the proposal does not conflict with the TCRLDP strategy which seeks to restrict the amount
of floorspace that is used for non-bulky comparison retailing. The application does however seek to include
homewares retailing within a unit that will be used for both bulky-goods and homewares whereas the TCRLDP
seeks to ensure that ‘homewares’ are only retailed from singular homewares units. Having regard to the fact that
there will be a modest decrease in the amount of floorspace used for homewares and that one of the units is
already permitted to retail homewares it is considered that the proposal can be justified as a minor departure to
this aspect of the TCRLDP policy. Given the above assessment and having balanced the applicant’s right against
the general interest, it is recommended that the application is approved with conditions.
9. Recommendation:
It is recommended that the application is approved subject to the following conditions.
(1) That the development hereby granted shall be implemented in accordance with the approved plan(s)
as listed below and as forming part of this permission unless a variation required by a condition of the
permission or a non-material variation has been agreed in writing by the Planning Authority.
(2) That the goods to be sold in units 1A, 1B, 2A/2B/3, 4, 5, 6, 7, 9, 10, 12, 17, 18 and 19, as defined on
drawing AL(0)501 Rev 1 dated 01.07.2020 shall be limited as follows:
a) Unit 1A shall be limited to the following ranges of goods. The maximum floorspace to be occupied by
each range of goods shall be limited to the percentage identified in brackets after each goods range,
and is expressed as a percentage of the net floorspace of the unit: Food and Drink (up to 49%), DIY
and Gardening (Up to 100%), Household Textiles and Decorations (Up to 100%), Furniture (Up to
100%), Carpets and Other Floor Coverings (Up to 100%), Electrical Products (Up to 100%), Household
Cleaning (Up to 100%), Sports and Leisure (Up to 10% excluding sports and leisure clothing and
footwear), Stationary/ Papers (Up to 10% excluding reading books), Clothing and Footwear (Up to
10%), Personal (Up to 10%), Toys/ Games/ Crafts (Up to 10%), Pets (Up to 10% excluding live animals,
veterinary services and grooming services), Kitchenware (Up to 10%), Other (which excludes any
goods falling within any of the above categories) (Up to 10%).
b) Unit 1B shall be limited to food & convenience goods except in respect of a maximum of 10% of the
gross floorspace from which it is permitted to sell any goods falling within Class 1 of the Town and
Country Planning (Use Classes) (Scotland) Order 1997.
c) Amalgamated "Unit 2A/2B/3" occupied as a single unit in accordance of condition 5 of this permission,
shall be limited to the following ranges of goods. The maximum floorspace to be occupied by each
range of goods shall be limited to the percentage identified in brackets after each goods range, and is
expressed as a percentage of the net floorspace of the unit. The net retail floorspace, of amalgamated
Unit 2A/2B/3 shall be limited to 2446 square metres: Food and Drink (up to 5%), DIY and Gardening
(Up to 100%), Household Textiles and Decorations (Up to 100%), Furniture (Up to 100%), Carpets and
Other Floor Coverings (Up to 100%), Electrical Products (Up to 100%), Household Cleaning (Up to
5%), Sports and Leisure (Up to 1% excluding sports and leisure clothing and footwear), Stationary/
Papers (Up to 5% excluding reading books), Clothing and Footwear (Up to 1%), Personal (Up to 1%),
Toys/ Games/ Crafts (Up to 5%), Pets (Up to 5% excluding live animals, veterinary services and
grooming services), Kitchenware (Up to 5%), Other (which excludes any goods falling within any of the
above categories) (Up to 10%).
d) Unit 4 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
e) Unit 5 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
Page | 6f) Unit 6 shall be limited to car parts and accessories and bicycles and bicycle parts and accessories
except in respect of a maximum of 10% of the gross floorspace from which it is permitted to sell any
goods falling within class 1 of the Town and Country Planning (Use Classes) (Scotland) Order 1997.
g) Unit 7 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
h) Unit 9 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
i) Unit 10 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
j) Unit 12 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within Class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
k) Unit 17 shall be limited to food & convenience goods except in respect of a maximum of 10% of the
gross floorspace from which it is permitted to sell any goods falling within Class 1 of the Town and
Country Planning (Use Classes) (Scotland) Order 1997.
l) Unit 18 shall be limited to the following ranges of goods. The maximum floorspace to be occupied by
each range of goods shall be limited to the percentage identified in brackets after each goods range,
and is expressed as a percentage of the net floorspace of the unit: Food and Drink (up to 49%), DIY
and Gardening (Up to 100%), Household Textiles and Decorations (Up to 100%), Furniture (Up to
100%), Carpets and Other Floor Coverings (Up to 100%), Electrical Products (Up to 100%), Household
Cleaning (Up to 100%), Sports and Leisure (Up to 10% excluding sports and leisure clothing and
footwear), Stationary/ Papers (Up to 10% excluding reading books), Clothing and Footwear (Up to
10%), Personal (Up to 10%), Toys/ Games/ Crafts (Up to 10%), Pets (Up to 10% excluding live animals,
veterinary services and grooming services), Kitchenware (Up to 10%), Other (which excludes any
goods falling within any of the above categories) (Up to 10%).
m) Unit 19 shall be limited to DIY, garden products, furniture, carpets & other floor-coverings, home
furnishings and electrical goods except in respect of a maximum of 10% of the gross floorspace from
which it is permitted to sell any goods falling within Class 1 of the Town and Country Planning (Use
Classes) (Scotland) Order 1997.
(3) That Unit 8 shall be used for Class 11 use as a gymnasium only in accordance with the provisions of
the Town and Country Planning Use Classes (Scotland) Order 1997
(4) That Units 14, 15 and 16 shall be used for any purpose falling within Class 3 of the Town and Country
Planning (Use Classes) (Scotland) Order 1997 or for a sui generis hot food takeaway use or for the
sale of D.I.Y products, garden products, furniture, carpets & other floor-coverings, home furnishings
and electrical goods except in respect of a maximum of 10% of the gross floorspace from which it is
permitted to sell any goods falling within Class 1 of the Town and Country Planning (Use Classes)
(Scotland) Order 1997.
(5) That no unit shall be sub-divided or amalgamated, with exception of amalgamated "Unit 2A/2B/3" which
may be occupied as a single unit in accordance with condition 2 (c) of this permission, without the prior
written approval of the Planning Authority.
(6) That, prior to the commencement of works on site, details shall be submitted for the written approval
of the Planning Authority of the airfield memorial.
(7) That the presence of any previously unsuspected or un-encountered contamination that becomes
evident during the development of the site shall be brought to the attention of the Planning Authority
within one week. At this stage, a comprehensive contaminated land investigation shall be carried out
if requested by the Planning Authority.
Page | 7(8) That before the occupation and completion of the development a Travel Plan, shall be submitted for
the formal prior written approval of the Council as Planning Authority (in consultation with the Council
as Roads Authority and Transport Scotland). The Travel Plan shall set out proposals for reducing
dependency on the private car and identify measures to be implemented, the system of management,
monitoring, review, reporting and the duration of the plan.
(9) That the reconfigured car park layout shall be designed to adoptable standards in accordance with the
Council's Roads Development Guide before completion of the development. The precise details and
specifications of the required road design shall be submitted for the prior written approval of the
Planning Authority before any work commences on site.
(10) That 643 off road parking spaces shall be provided within the existing site boundary in accordance with
the national policy document Scottish Planning Policy (SPP) before completion of the development.
Precise details and specifications of the required parking provision shall be submitted for the prior
written approval of the Planning Authority before any work commences on site.
(11) That parking bays shall be a minimum 4.8 metres x 2.5 metres with minimum aisle widths of 6 metres
(12) That a lockable and covered cycle stand, accommodating a minimum of 26 cycles, shall be provided
within the site boundaries. Precise details of the siting and specifications of the required cycle stand
shall be submitted for the formal prior written approval of the Planning Authority before any work
commences on site.
(13) That the discharge of water onto the public road carriageway shall be prevented by drainage or other
means. Precise details and specifications of how this is to be achieved shall be submitted for the prior
written approval of the Planning Authority before any work commences on site.
(14) Surface water from the site shall be treated in accordance with the principles of the Sustainable Urban
Drainage Systems (SUDS) Manual published by CIRIA in March 2007. Full details of the methods to
be employed, following discussions with SEPA, and including where appropriate calculations, along
with details of how these measures will be maintained in perpetuity, shall be submitted for approval in
writing by this Planning Authority prior to the commencement of any works on site.
(15) That before any works start on site, details shall be submitted to the Planning Authority showing the
design and specification of a turning area capable of accommodating the largest size of vehicle
expected to be used by or serve the development. The turning area shall be constructed as approved
prior to the development being occupied.
(16) That prior to occupation of the development any gates shall be set back a minimum distance of 6
metres from the rear of the public footway, and open inwards away from the public roadway.
(17) That the applicant shall submit a swept path analysis accommodating the largest size of vehicle
expected to be used by or serve the development for the formal prior written approval of the Council
as Planning Authority.
(18) That two bus stops the specific stops to be located in the vicinity of the application site and agreed with
the Planning Authority, shall be upgraded to include provision for Real Time Passenger Information.
The precise design details and specifications shall be submitted for the prior written approval of the
Planning Authority before any work commences on site. All bus stop upgrade work shall be
implemented in accordance with the approved plans prior to the occupation of any part of the
development unless alternative measures are approved in writing by the Council as planning authority.
(19) That notwithstanding the provisions of the Town and Country Planning Use Classes Order (Scotland)
1997, (or any order revoking and re-enacting the Order), the change of use of any hot food takeaway
to form a Class 1 use, shall be the subject of a formal application for planning permission
Page | 8Reasons:
(1) To ensure that the development is carried out in accordance with the approved plans unless otherwise
agreed.
(2) To clarify the terms of the permission and to ensure protection of the vitality and viability of town centres
(3) To clarify the terms of the permission and to ensure protection of the vitality and viability of town centres
(4) To clarify the terms of the permission and to ensure protection of the vitality and viability of town centres
(5) In order to retain proper control over the development and to accord with the provisions of the
Development Plan.
(6) In the interest of visual amenity.
(7) To ensure the proposed remediation plan is suitable.
(8) To encourage sustainable means of travel and to be consistent with the requirements of Scottish
Planning Policy and PAN 75 Planning for Transport.
(9) In the interest of road safety and to ensure an acceptable standard of construction.
(10) In the interest of road safety and to ensure adequate off-street parking provision.
(11) In the interest of road safety and to ensure that there is adequate space for manoeuvring and turning.
(12) To ensure adequate provision of lockable and covered cycle storage on site. To encourage sustainable
means of travel.
(13) In the interest of road safety and avoid the discharge of water on to the public road.
(14) To ensure the site is drained in an acceptable and sustainable manner.
(15) To reasonably avert the reversing of vehicles onto the main road and in the interests of road safety.
(16) In the interest of road safety.
(17) In the interest of road safety.
(18) To ensure adequate provision for public transport
(19) To accord with the provisions of the development plan
List of Determined Plans:
Drawing - Reference No (or Description): AL(0)501 Location Plan
Other - Reference No (or Description): Planning Statement
Reason for Decision (where approved):
The proposal has been assessed against the relevant policies of the South Ayrshire Local Development Plan and
the South Ayrshire Town Centre & Retail Local Development Plan. Whilst the proposal is not fully in accordance
with LDP Policy: Commercial Centres (Heathfield) in so far as the ‘homewares’ element is not within a singular
unit, the proposal will result in less floorspace used for retailing these types of goods with a corresponding
decrease in the potential adverse impact on the vitality and viability of the surrounding town centres.
Background Papers:
Application Form
Supporting Statement
South Ayrshire Local Development Plan
Adopted Town Centres and Retail Local Development Plan
Scottish Planning Policy
Modified Proposed Local Development Plan
Planning Applications 18/00934/FURM and 18/00935/FURM
Current Planning Application 20/00472/APP
Consultation response
Equalities Impact Assessment
An Equalities Impact Assessment is not required because the proposed development is not considered to give
rise to any differential impacts on those with protected characteristics.
Person to Contact:
Mr Alan Edgar, Supervisory Planner, Priority Projects - Telephone (01292) 616 683
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