Major Ayrshire housing project blow as plan for 115 homes is rejected

Councillors have backed the recommendation of planners to refuse a controversial application for more than 100 houses in Kilwinning owing to concerns about flooding.

Planning permission was sought for the erection of 115 homes to include the formation of associated site access, roads, footpaths, landscaping, drainage, and ancillary works at a site to the south of Nethermains Community Centre.

The determination of this application was delayed from June 2023 to January 2025 due to the ongoing consideration of flood risk issues on the site and further information sought by Planning Services from the applicant, the planning committee heard today.

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The proposed housing would consist of detached, semi-detached, and terraced houses with a total of 13 designs, known as 'house types. Nine of the proposed house types would have two storeys and the four remaining house types would have two-and-half storeys.

Four of the house types would feature integral garages.

The site is bounded by Nethermains Road to the west, River Garnock to the east and Almswall Park to the northeast.

Footpaths forming part of the National Cycle Network run along the eastern and south boundaries respectively.

The proposed layout would feature two no vehicular accesses from Nethermains Road to the west.

Most of the proposed housing would include in-curtilage parking, except for a terraced row of houses at the southeast corner of the site which would be served by a dedicated parking court. There would be an additional 28 visitor parking spaces provided throughout the site.

The disused railway embankments between the site and the River Garnock do not form part of a formal flood prevention scheme, do not have a verified design standard, and are not maintained on an ongoing basis.

NAC Flooding agrees with concerns about the development from SEPA (the Scottish Environmental Protection Agency) views and objects to the proposed development because it may increase the number of people and property at flood risk.

It was not in the long term public interest to enable the development of land in such a manner as to increase the risk of flooding, say officials. In this case, the proposed development site is at risk of flooding, as identified by SEPA's flood mapping.

Following investigation by the applicant's agent, extensive discussions with SEPA and the Council's flooding officer, it is understood that the degree of risk that has been identified cannot be mitigated without increasing the risk of flooding elsewhere.

National planning policy is based on the principle of avoidance of vulnerable categories of development in areas of identified flood risk, such as functional flood plains. In conclusion, say officials, the merits of the development, in terms of housing delivery, would not outweigh nor address the degree of flood risk that exists in this instance.

Chief Planning Officer Allan Finlayson said: “The proposed development has not been adequately sited and designed to adapt to current and future flood risk. It does not avoid the area of identified flood risk and may increase the number of people and property at risk of flooding.

“The biodiversity of the site has not been adequately considered and the proposed development would result in an unacceptable loss of existing habitat.”

Kilwinning cllr Scott Davidson said: “I think my concerns on this application echo that of North Ayrshire Council as Chief Planning Officer Allan Finlayson has highlighted, in particular the proposed development may increase the number of people in property at risk of flooding as the railway embankment is not formally recognised as part of the structural defence system.

“Also the NAC Biodiversity officer states concerns about accuracy of the tree removal plan and subsequent quality of proposed biodiversity actions to be taken by the developer..

“I listened carefully to what has been discussed and I am going to move that we refuse this application as it stands in relation to the flood risk management in relation to biodiversity, forestry woodland and trees in natural places as well.

“What means most to me is flood rink management, biodiversity, natural places and forestry, woodlands and trees. Those are the subjects I am most concerned about.”

The motion was seconded by cllr Ronnie Stalker and unanimously passed by the committee.

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