East Ayrshire Council
By email only to:
Planning Authority Ref: 23/0370/PP
18 October 2023
Town and Country Planning (Scotland) Act 1997
Notification direction: Erection and operation of a maturation warehousing facility, spirit supply, with adjoining office, and all associated ancillary development including demolition of existing farm buildings, at South Drumboy Farm, Glasgow Road, Kilmarnock, East Ayrshire
Please find attached a Direction in relation to the above proposed development which the Scottish Ministers have given in exercise of the powers conferred on them by Regulations 31 and 32 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
The Directions comes into force on 18 October 2023. The effect of the Direction is to require notification to the Scottish Ministers of the above planning application if East Ayrshire Council is minded to grant planning permission, and prohibits the grant of planning permission for a period of 28 days. That 28 period may be extended by means of a further direction.
The Direction is given to allow the Scottish Ministers to further consider the application of National Planning Framework 4 policies including on climate change and carbon-rich soils should East Ayrshire Council be minded to grant planning permission.
The Directions does not commit the Scottish Ministers to calling in the application, but it does reserve their right to intervene. Details of the notification requirements are enclosed in the attached Direction.
Should you require any further information regarding the notification requirements, please do not hesitate to contact us.
Town and Country Planning (Scotland) Act 1997
Notification direction: Erection and operation of a maturation warehousing facility, spirit supply, with adjoining office, and all associated ancillary development including demolition of existing farm buildings at South Drumboy Farm, Glasgow Road, Kilmarnock, East Ayrshire ('the proposed development')
The Scottish Ministers, in exercise of the powers conferred on them by Regulations 31 and 32 of the Town and Country Planning (Development Management Procedure) Regulations 2013 and all other powers enabling them in that behalf, hereby give the following direction:
In the event that East Ayrshire Council is minded to grant planning permission for the above proposed development, that they shall send the Scottish Ministers the following information:
- a copy of the planning application, accompanying plans and associated documentation (e.g. transport/retail assessment), together with the full address and post-code of the site to be developed
- a copy of any EIA report accompanying the application or, where an EIA report has not been prepared a copy of any screening opinion given by the planning authority in respect of any Schedule 2 development (as defined by regulation 2 of the Environmental Impact Assessment (Scotland) Regulations 2017) and a copy of any strategic environmental assessment that is relevant to the development
- a copy of any appropriate assessment relating to the application, carried out under Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994
- copies of all observations submitted by consultees and all representations and petitions received, together with a list of the names and addresses of those who have submitted observations/made representations (including details of any petition organiser if known). Where ‘pro-forma’ representations are received, only one copy example need be submitted, but all names and addresses must be provided. Copies of petitions should be submitted, but only the organiser or first named should be included in the list of names and addresses
- the planning authority’s comments on the consultees’ observations and on representations received, together with a statement explaining how the authority has taken these into account
- the planning authority’s reasons for proposing to grant planning permission, including, where relevant, a statement setting out the reasoning (i) behind the authority’s decision to depart from the development plan, and/or (ii) for taking the decision it has, in light of any objections received
The Scottish Government would expect, wherever possible, that the information is provided electronically to firstname.lastname@example.org by means of a link, or series of links to the relevant case file on the authority’s website.
Subject to paragraph 4 below, where East Ayrshire Council is minded to grant planning permission for the development referred to in paragraph 1 above, they shall not do so before the expiry of the period of 28 days beginning with the date notified to them by the Scottish Ministers as the date of receipt by them of the information supplied by the Council in accordance with paragraph 1 of this Direction.
The Scottish Ministers may, during the said period of 28 days, notify East Ayrshire Council by further direction under regulation 32 that an earlier or later date shall be substituted for the date of expiry of that period; and if on expiry of the period of 28 days or such other date as has been notified to them the Council have not received from the Scottish Ministers a Direction under Section 46 of the Town and Country Planning (Scotland) Act 1997 requiring the application to be referred to Ministers instead of being dealt with by the Council, then the Council may proceed to determine the application.
This Direction is given to allow Ministers to further consider the application of National Planning Framework 4 policies including on climate change and carbon-rich soils should East Ayrshire Council be minded to grant planning permission for the proposed development.
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