Residents Objection – Dawn Homes Development

Dear Sir

Further to my extension request below and consultation with professional planning consultants on the above application I wish to make the following objections:

1.  The application as it stands is invalid on the grounds that it is founded on the wrong basis.  Policy RES 3 requires that any application must comply with the approved Development Brief.  For reasons unknown, this application is based on an early draft and not the final document as approved by NAC on 9 August 2011.

The Agents have been working to a draft version and therefore their proposals do not reflect the views and decision of elected members on the Planning Committee in August 2011.

The Brief provided to me by the Agents is dated November 2010, as evidenced in both the Planning and Design Statements,  while the final brief incorporating 20 Council approved amendments is dated September 2011.

You will recall that although RES 3 requires the Brief to be prepared by NAC a decision was made by officers to allow Dawn Homes to prepare the Brief. The fact that Dawn’s Agents are not even using the correct document is beyond comprehension.

Do you agree that NAC should request the withdrawal of this  application?

2. The application as is stands is invalid since it does not conform with RES 3 given that not all the required information accompanies the application.

Paragraph 9.1 of the Brief ( Sept 2011) lists the required information and the attached note provides a summary of the serious omissions and inadequacies with the information submitted.  Without meeting these basic requirements, a proper and competent determination can not be made and the application should be withdrawn on this basis.

Do you agree that NAC should request the withdrawal of this  application?

3. To comply fully with RES 3, Fairlie Castle and existing setting requires to be fully assessed in line with HES’s published guidance.  HES advise that to be effective, such an assessment should be undertaken prior to the development of proposals in order that the findings ” inform the nature of the development”.

No such assessment has been made and the proposals do therefore not comply with the approved Development Brief and therefore would breach Council policy. The submitted application should be regarded as pre-mature until this material assessment has been made in line with approved guidance.

Do you agree that NAC should request the withdrawal of this  application?

4.  The proposed layout of the development includes several houses within the ” non development buffer” as shown in the approved Development Brief. The buffer zone according to the Brief is designed “to protect the Castle and existing setting”. This material non-conformity breaches RES 3 and is a basis for refusing this application.

Please not that I have copied this to ward members, FCC, and that I now wish, via FOI, to request a copy of all communications between NAC, Dawn Homes and Hypostyle on this site’s development since start September 2011.  

In conclusion, I would ask that you acknowledge receipt of this email by return, respond to the questions raised and please keep me advised of any subsequent changes to the application as submitted.

Finally, I wish to reserve my right to submit further representations on this application as required.

Best regards.

M Donnelly


FCC meeting on Dawn Homes Application 17/00584/PPM







14/1/14 EMAIL   






Area 1 was 36 2 bed flats. Flats and 2 houses east of the garage omitted and road access altered.



“Development for Phases 2 & 3 at Castle Park Gardens, Fairlie, in drainage terms constitutes an extension to the works already underway forming Phase 1 constructions.”


(Ref. 12/00159/PPM). The developer of the site, Dawn Homes, has commenced works and phase 1 of the development is due to complete in Autumn 2017. Dawn Homes has commenced a 12 week statutory, pre-application consultation on a proposed planning application for the development of approximately 100 dwelling houses to south of the site and to east of Castlepark Gardens, Fairlie (Ref. 16/01079/PREAPP).

The Committee agreed to (a) serve a Tree Preservation Order on the site owners in respect of all the trees and woodland within the boundary of Castlewalk Plantation (outlined in Appendix 1 to the report) in order to protect existing trees and woodland both in the interests of amenity and their historic or cultural significance and (b) notify Dawn Homes as the developer for new housing development, which is located close to the Castlewalk Plantation

FCC Agenda 02/10/17

Fairlie Community Council Agenda 02/10/2017

Approval of September 2017 minutes

  • Police Report
  • NAC Councillors’ updates
  • NOWTTF – Reporter time scales
  • Hunterston SSG (cladding and update on annual stakeholder summit)- RH
  • Dawn Homes Planning Application – Planning Meeting Outcome
  • A78
  • AOB
  1. Remembrance Wreath
  2. Magnox grant – laptop and printer
  3. Jim Miller presentation on Planning

Next meeting Monday 6th November 2017 at 7:30pm in the Semple Centre.

FCC Agenda 06/02/2017

Fairlie Community Council Agenda 06/02/2017

Welcome and Apologies (KST apologies)

Approval of January 2017 minutes

  • Chairperson’s update
  • Police Report
  • NAC Councillors and MSP updates
  • SSE National Off Shore Wind Turbine Facility : planning objection updat
  • Dawn Homes: Update re: SEPA stipulations and recent flooding
  • Cunninghame Housing Association: Affordable housing application update
  • Local development plan
  • A78 – Propose separate meeting with Transport Scotland after KST meets with KG W/C 13.02.17
  • Western Link- cable laying ship noise and community fund.
  • Hunterston SSG
  • AOB
  1. Defibralator (DT)
  2. Village Inn (AH)

Next meeting Monday 6th March 2017 at 7:30pm in the Semple Centre.

Wind Turbine Liaison Group Meeting 08/11/2016

SSE Hunterston Wind turbine Test Facility

Liaison Group Meeting: 08/11/2016 Summary

Attended by Rita Holmes and Karla Tully on behalf of FCC. Millport and Largs CC’s also attended.

SSE stated that the Hunterston site presents a unique location in UK which enables off shore wind turbines to be safely tested on shore due to weather conditions and accessibility.

Site has 3 ‘berths’: 2 utilised; third held by Scottish Enterprise but unlikely to be occupied in this planning period.

SSE Site:

Siemens Turbine (D6)

  • Current planning permission until October 2017, SSE asking for 2 year extension.
  • Porto-type built on site 2014, coming to end of testing with a 6 mega watt output.
  • Successfully secured orders for 300 to 350 in UK waters at Moray Firth and Galloper (East Anglia). Meets International Electrical Technical (IET) standards.
  • Gear-less motor to extend life and minimise maintenance requirements.
  • SSE want to extend site to enable Siemens to train engineers safely.
  • Recognise that Training Centre should benefit local community with small number of jobs, education opportunities and facilities.

Mitsubishi Turbine

  • SeaAngel™ turbine – featuring unique hydraulic technology developed in Scotland – 7MW output.
  • Only operating intermittently. In early test phase


  • Local Glasgow firm developing ‘met’ mast measuring systems using lasers transmitted upwards.
  • Proposal to use site to test laser technology.
  • No impact on safety known.
  • Details to follow.

S42 Planning Application

  • December 2016: Application to extend current permission to October 2019.
  • If successful, will then apply for major planning application to be defined.
  • Local CC’s asked that use of each ‘berth’ always consulted upon in application.

SSE Presentation : Issues raised by members of the public at FCC on 5th December 2016.

  1. Scottish Government (SNP) Policy does not advocate windturbines as principle renewable energy source?

PA responded that funding is received from Scottish Government.

  1. SSE Social finding allocates £50K across three local communities; MOP suggested that app £800K per KW potentially, (£millions generated even though not fully commissioned?), and asked for a more representative contribution of permission granted. PA to look in to.
  2. Light pollution increased. PA stated turbines site does not produce light. Likely to be Hunterston Power Station and Peelport.
  3. Concerns that planning permission should still allow for review of change of use of any part of the site whilst operational , and that a generic or blanket permission is not granted.
  4. On request from TM (NAC), SSE committed to submit planning application after Christmas to allow all interested parties reasonable time to respond.
  5. MOP believes that permission only granted previously as NAC Chair was pro wind power and that locals were always concerned that the 5 years would always be manipulated. PA assured those present that the site was for testing and training only and application was not for a generation site.
  6. Environmental impact and health impacts of infra sound a real concern especially as these are the biggest turbines on land world wide; residents complaining of dizziness. SSE have commissioned a recent independent acoustic survey; results January 2017.
  7. Have SSE considered impact on marine life? Ask for an environmental impact assessment that looks at

whole area – land and sea.

  1. When will full noise survey be made as turbines are not at full capacity? Concerns that SSE are not really taking locals’ concerns seriously.

Relevant article :

A78 traffic calming feedback – Transport Scotland

Response from:

Neil Lang CEng MCIHT
Area Manager South West
Network Maintenance
Trunk Road and Bus Operations
Transport Scotland

Fed back to FCC on 09/01/2017.
Subject: Re: Fairlie A78

The main queries and concerns regarding the eefictoveness of traffic calming measures are:

  1.  Effectiveness of the traffic lights and traffic calming measures. The new traffic lights and vehicle activated signs have been successful at most locations. The speed activated signals are working effectively in that they are activating on detection of speeding vehicles. However the average speeds have marginally increased at the north and south gateways which is disappointing. This will require further investigation to determine which additional measures will alleviate this trend.

– how has speed been reduced along the length of Fairlie’s A78 road since the speed activated lights were installed? Evidence has shown that overall the schemes have had a positive impact on vehicle speeds with a negligible increase in red light running at the traffic signals. There have been no accidents at the junction since the scheme was introduced.

–  traffic light jumps or speeding – can camera data be captured to lead to prosecutions? Villagers are surprised the camera activation doesn’t inform Police etc. There has been a negligible (0.0389% of vehicles) increase in red light running at the traffic signals from stud detection and video analysis. At this time the data gathered in relation to the traffic signals and red light runners does not record details of the individual vehicles and therefore cannot be used for prosecution purposes. The operation of the traffic signal and data gathered has been by the use of intelligent stud technology which does not identify vehicles. At this time there are no plans to introduce red light running cameras at this location.

– time, volume, speed analysis at the various points of the A78 previously used; are traffic speeds sufficiently lower across the whole 30 mph A78 stretch? A recently produced report into the effectiveness of the scheme contains detailed information captured along the route. As previously stated, on the whole, vehicle speeds have reduced.

– options for slowing down traffic as it enters and leaves the village at both north and south sides on A78. Recent results into the effectiveness of the scheme indicate that investigation will be required to seek further measures to deter vehicle speed at the north and south sides of the village.

  1.  Housing Developments under construction

– Dawn Homes development for approximately 120 new homes loacted next to BP garage (app 112 main Street) on A78 ; what traffic calming/management measures should be put in place at the A78 intersection.  This junction is very near the primary school near where roads opposite intersect the A78.   This area of the road already becomes congested at peak times.

I have spoken to our Development control colleagues and they provided me with an overall site plan. The design plan includes recommendations for a new right turning lane on the A78 trunk road at the junction with the housing development. The inclusion of a right turning lane is standard design practise with a development of this size, to minimise traffic congestion by removing queuing traffic on the trunk road and also maintaining a level of safety for right turning vehicles. I am back in the office on Monday 9th January if you have any further queries about the development.

Further questions for Neil will be discussed at the next FCC on the 6th February 2017.

SEPA update on Dawn Homes issues 10/01/2017

Scottish Environment Protection Agency (SEPA) Update on Dawn Homes Site Issues

Provided by SEPA Office Representative, Ayr Office to FCC Secretary

Run-Off in to SUDs pond.

The main problem is that not all of the run-off had been directed to the SUDs pond as it should have been. An element of run off which should have been discharging to the pond was in fact directed in another direction and discharging at another location. (Keppen Burn).
The drainage routes have now been changed and all of the run-off should be entering the pond.

In addition to this inspection of the site has revealed a number of other improvements that can be made which should help the situation:-

1. Additional ‘Up-hill’ drainage ditch.
Firstly a cut-off ditch will be constructed on the ‘uphill’ side of the site to intercept any clean water entering the site from the hill at the rear. This cut-off ditch will intercept any surface flow and will catch flow from land drains in the area and direct this clean water around the site to the Keppen Burn to prevent it from entering the site and being contaminated and then requiring to be treated. This will reduce the volume of water requiring treatment in the SUDs pond.
2. Redirect run-off from the bare slopes on each side of the access road.
There is a need to better manage the run-off from the area where the houses are currently being built. Currently the run-off flows over and scours out the bare earth; SEPA have instructed Dawn Homes to direct the water to flow across stone to reduce the amount of solids carried by the run-off to the pond and reduce the burden on the treatment system.
3. Bare Earth Bankings.
It has been agreed that the bare earth bankings will be seeded at the earliest opportunity. This seeding work will not be carried out when weather permits in January 2017, by means of ‘hydroseeding’. Hydroseeding is a technique where seed and mulch are mixed and applied by spraying the mixture on to the ground in the form a thick paste. This methodology protects the seed, should prevent wash off in all but the heaviest rainfall events and should encourage rapid germination and growth. The landscapers believe this will work this time of year.
4. Modifications to SUDs pond.
It has also been agreed that some modifications to the pond will be carried out to attempt to improve the treatment it provides. In this regard the pond will be sub-divided into two main sections by construction of a berm. In addition to this the contractor is considering the use of flocculating agents to assist the settlement in the pond if this proves necessary.
5. Regular SEPA inspections.
It has also been agreed that regular inspections of the burn and the discharge from the pond will be made and appropriate action taken as necessary. Visually the water in the pond looks very dirty. However, this is the effect of looking at the water in depth. The quality of the discharge yesterday was acceptable and was having minimal impact on the burn.

As dealing with construction site run-off is not an exact science it is possible that some further modifications/improvements will be required. Any such issues will be dealt with as they arise.

Karla Tully,
FCC Secretary 10/01/2017

FCC Agenda 09/01/2017

Fairlie Community Council Agenda 09/01/2017

Welcome and Apologies

Approval of December 2016 minutes ( to be issued 07/01/2017)

  • Chairperson’s update
  • Police Report
  • NAC Councillors and MSP updates
  • SSE National Off Shore Wind Turbine Facility : planning application update
  • FAI Update
  • Dawn Homes: Update re: recent correspondence and SEPA stipulations (no representative from DH due to recent issues)
  • Cunninghame Housing Association: Affordable housing application update
  • Village Inn Update(AH)
  • A78 – Feedback from Transport Scotland on Traffic lights and traffic speeds
  • Western Link
  • Hunterston SSG
  • AOB
  1. Allanton Park Terrace wall. (DN)
  2. Village wildlife conservation. (RG)

Next meeting Monday 6th February 2017 at 7:30pm in the Semple Centre.

FCC Minutes 09/01/17

Fairlie Community Council Minutes 09/01/2017 (Draft)

  • Present: Rita Holmes, Karla Tully, Ian Hunter, Marco Priva, David Telford, Calum Corral (press), PC Derek Cole and PC Graham Miller, and 8 members of the public.
  • Apologies: Joan Downie, Kenneth Gibson (MSP), Alan Hill (NAC Councillor), Tom Marshall (NAC Councillor), PC Dominic Murphy (Community Policing team)
  • Police update

RH thanked DC and GM for attending at short notice. 20 incidents in December 2016 in Fairlie (25 last ; year). 20 queries. 1 theft; 2 breach of the peace; 2 traffic offences.

DM still to feed back on: blue BMW which persistently runs red light. Traffic light monitoring.

  • SSE: Hunterston Offshore Wind Turbine Facility

(Summary of December presentation and issues raised 05/12/2016 on FCC website)

– SSE have not submitted planning application yet. Details will be posted on FCC website once received.

– MOP: Is there an opportunity to have local sustainable energy generation?

  • Fatal Accident Inquiry

Started 9th January 2017 at Kilmarnock Sheriff’s Court.   Disappointed that FCC letter and concerns initially raised regarding volume of Peelport HGV traffic will not be heard.

Clarification of medical history of driver should be given; still no explanation as to why criminal charges against the driver were dropped after several months.

  • Dawn Homes

Largs and Millport paper have published two articles as SEPA have instructed Dawn Homes to make improvements to the SUDS pond and drainage on site to stop red silt spilling in to the burn and bay. Deadline of 23/12/16 not met.

AH to confirm date for FCC representatives to attend meeting with James Miller, Head of NAC Planning to discuss community’s concerns and questions as detailed on FCC website.

Key question – what is ‘phase 2 exactly, and when will the planning application be submitted?

7)            Cunninghame Housing Association Application

NAC not considered application yet. KST to ask TM for date.

8)             Village Inn Update

Next ‘working group’ (Bats About the Pub(BAP)), Monday 16/01/2017, Semple Centre, 19.00.

9)            A78 – Feedback from Transport Scotland

KST took those present through Neil Laing, Transport Scotland, Area Manager South West , e mail on concerns raised regarding ‘traffic light’ trial.

KST to ask Neil Laing to attend separate meeting to discuss detailed data and additional traffic calming options.

10)            Western Link

Cable transfer operation for January 2017 cancelled. No known dates for future transfers.

Meeting 31/01/2017 when FCC will send two members to represent the community.

11)             Hunterston SSG

A Station : RH stated that Unite Union may be taking industrial action.

B Station : Next public meeting including presentation on transportation of radioactive waste, 02/03/2017, Lauriston Hotel, Ardrossan, 13.00.

12)             AOB

  1. Allanton Park Terrace (APT) wall restoration

Local residents asking if any funding would be available as public access their private road. Unlikely as Fairlie has many private roads with public access which have to be maintained privately.

APT residents are forming a group to look at options including completing the work themselves.

  1. Village Wildlife Conservation

Ron Gilchrist asked if local residents would be interested in forming a strategy for the village to be submitted to the NAC for the next Locality Plan.

To be discussed at the next BAP meeting.

  1. Flood Assessment for Village

MOP asked whether SEPA should be asked to complete a comprehensive flood risk assessment of the whole village. To be discussed at BAP meeting.

Next meeting: February 2017, 7.30 pm in Semple Centre.