Planning and Environmental Appeals Division Report to the Scottish Ministers TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 Report by David Liddell and Timothy Brian, reporters appointed by the Scottish Ministers Case reference: NA-HLD-086 Site Address: Land 1700 metres north west of Embo Community Centre, School Street, Embo IV25 3PZ, known as Coul Links Application for planning permission by Coul Links Ltd, ref. 17/04601/FUL dated 29 September 2017, called-in by notice dated 24 August 2018 The development proposed: 18-hole golf course with clubhouse and maintenance facility, renovation of existing buildings on-site to form a pro-shop, caddy hut, workshop, administration building, information booth, and new site access road from the C1026. Dates of inquiry / hearing sessions and site visit: 26 February-1 March, 5-8 March, 12-15 March, and 19-22 March 2019 Date of this report and recommendation: 27 November 2019 Planning and Environmental Appeals Division 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR DX 557005 Falkirk www.gov.scot/Topics/Planning/Appeals CONTENTS Page Summary Report 2 Preamble 21 Abbreviations used in the report 23 Chapters 1. Background 25 2. Relevant policies 33 3. Coastal processes and climate change 43 4. Impacts on the water environment 53 5. Impacts on habitats and vegetation 75 6. Impacts on birds 166 7. Impacts on invertebrates 188 8. Impacts on designated nature conservation sites 205 9. Impacts on public access and enjoyment of the links 219 10. Other environmental impacts 226 11. Socio-economic impacts 238 12. Planning conditions 266 13. Overall conclusions and recommendations 271 Appendices Appendix 1: Inquiry parties 285 Appendix 2: Proposed conditions 287 Appendix 3: Lists of inquiry documents 300 Appendix 4: List of drawings 301 NA-HLD-086 Report 1 Planning and Environmental Appeals Division Summary of Report into Called-In Planning Application The development of 18 hole golf course with clubhouse and maintenance facility, renovation of existing buildings on-site to form a pro-shop, caddy hut, workshop, administration building, information booth, and new site access road from the C1026, on land 1700m NW of Embo Community Centre, known as Coul Links Case reference NA-HLD-086 Case type Application for planning permission Reporters David Liddell and Timothy Brian Applicant Coul Links Ltd Planning authority The Highland Council Other parties Scottish Natural Heritage, Not Coul, Save Coul Links Conservation Coalition, Local Area Community Groups, Scotways & Ramblers Scotland, and Peter Batten Date of application 29 September 2017 Date case received by DPEA 28 August 2018 Methods of consideration and Inquiry & hearing sessions: 26 February – 1 March, dates 5-8 March, 12-15 March, and 19-22 March 2019. Written submissions on policy in December 2018 and further written submissions in February 2019. Accompanied site inspection on 7 March 2019. Date of report 27 November 2019 Reporters’ recommendation To refuse planning permission BACKGROUND Site description The application proposal concerns an area of land immediately to the north of the coastal village of Embo in south-eastern Sutherland. To the north of the site is the Loch Fleet estuary, and to the east is Embo beach and the Dornoch Firth. The small town of Dornoch lies around 4km by road to the south west of the application site. The application site encompasses agricultural land associated with Coul Farm. The category B listed Coul Farmhouse and associated buildings are located in the centre of the site. The site is traversed by a dismantled railway line running south-east and then southwards across the site, which is a core path. Between the former railway line and the coast is a dune system which forms part of the following designated nature conservation sites: Dornoch Firth and Loch Fleet Special Protection Area (SPA), protected for its range of non-breeding waterfowl and breeding osprey; NA-HLD-086 Report 2 Dornoch Firth and Loch Fleet Ramsar site, also protected for its non-breeding waterfowl, breeding osprey and its range of coastal features; and Loch Fleet Site of Special Scientific Interest (SSSI), notified for its intertidal marine habitats, its coastlands, its native pinewood, its vascular plant assemblage, and its birds. The application site also lies adjacent to the Moray Firth proposed SPA (pSPA), protected for its marine birds. The application proposals The application seeks consent to develop an 18 hole golf course, largely within the dune system. The golf course would occupy an area of 22.7ha. The objective is to create a world class links course that would be rated amongst the top golf courses in the world. By siting it close to Royal Dornoch, the developers hope to enable the local area to become a competitive golfing destination in the international market. The Environmental Statement (ES) states that the golf course would use the natural topography, with very little earth movement required. The proposal includes construction of a new club house and a maintenance building, and the refurbishment and use of existing listed buildings at Coul Farm. Areas of dune heath lost under the golf course footprint would be translocated to other locations within the site. Footpaths on the site would be upgraded, and new paths created. A new road would provide access to the site from the C1026 road. A separate but related planning application reference 17/04404/FUL was submitted for the drilling of two boreholes and construction of water storage reservoir for irrigation of the proposed golf course at Coul Links. This remains undetermined, subject to conclusion of a Section 75 agreement. Consultations Scottish Natural Heritage (SNH) objected due to the potential adverse effects on the sand dune interest of the SSSI and Ramsar site. In respect of birds, the applicant’s Recreational Access Management Plan (RAMP) allowed SNH to withdraw its earlier objections. The Scottish Environment Protection Agency (SEPA) initially objected, but later withdrew its objection subject to conditions relating to waste water drainage and securing a schedule of mitigation. The Highland Council Access Officer considered that the proposal would affect public access rights, and affect recreation in an area of high landscape value. Other consultees raised matters which can be addressed in planning conditions. Representations The Highland Council North Planning Applications Committee report noted that there had been 2007 representations on the application, 1594 of which were opposed to the development, 349 were in support, and 64 did not specify if they were supporting or objecting. A number of petitions were submitted for and against the application. NA-HLD-086 Report 3 The development plan The development plan for the area comprises the Highland-wide Local Development Plan (HWLDP) together with the Caithness and Sutherland Local Development Plan (CaSPlan) and adopted Supplementary Guidance. THE CASE FOR THE APPLICANT All work undertaken in support of the ES (including the National Vegetation Classification survey) was in accordance with the advice received from the consultation authorities, best practice guidance and the 2011 EIA Regulations. It is sufficient to establish the likely significant environmental effects of the development. Coastal processes The shoreline at Coul Links is dynamically stable. The vegetation edge of the front dune can be eroded by storms but then recovers afterwards. The Applicant is committed to a dune management plan that will involve utilising soft engineering principles to enhance the existing coastal processes and ensure there would be no threats from erosion to golf course infrastructure. To allow space for this the 15th and 17th greens would be constructed further landward than is shown in the application drawings. Not Coul exaggerates the threat from erosion, ignoring the management measures proposed. Hydrology and effects on the water environment Mitigation measures would remove the risk to the water environment from construction and operation of the golf course. SEPA agree with the applicant’s assessment methodology and findings. Not Coul’s hydrological model of the site is incorrect, and its concerns about effects on the water environment are unfounded. Water abstraction and subsequent irrigation of the course can be appropriately regulated to ensure there would be no significant adverse effects on the water environment. There would be no, or negligible, leaching of nitrates from fertilisers. Effects on the SSSI and the Ramsar site The development would, subject to standard and suitable mitigation, not have an adverse impact upon the breeding bird assemblage of the SSSI. The sand dunes habitat is one of six habitat types that are notified features of the SSSI. 4.4ha of dune heath would be translocated into receptor areas totalling 6.2ha. Translocation has been successful at other golf courses, with the direct involvement of the applicant’s expert advisors. Translocation (and management of the receptor areas to facilitate the further expansion of dune heath in these locations) would be important in mitigating the effects of the development on dune heath. Taking into account the proposed mitigation measures (including translocation) the likely residual effect on sand dunes habitat would not be significant. In any event, the overall integrity of the SSSI would not be compromised through the direct impact on 13.4ha of sand dunes. The test of integrity must relate to the whole SSSI and not just to one notified feature. The evidence demonstrates that the development would not compromise the objectives of the designation or the overall integrity of the area. NA-HLD-086 Report 4 The playing surfaces of the golf course would be discontinuous so as to avoid fragmentation of habitats and creation of physical barriers to movement. Neither the playing surfaces nor paths would be likely to pose a constraint to the movement of plants or animals. Raised boardwalks would maintain hydrological connectivity. SNH and the objectors disregard the current poor condition of the site, its likely fate without the development, and the potential for the project to deliver significant environmental benefits.