THIS REPORT RELATES STIRLING COUNCIL TO ITEM 14 ON THE AGENDA
STIRLING COUNCIL ECONOMY, PLANNING & REGULATION AND ENVIRONMENT
11 DECEMBER 2014 NOT EXEMPT
GILLIES HILL, CAMBUSBARRON :
POTENTIAL DESIGNATION AS LOCAL NATURE RESERVE - UPDATE
1 SUMMARY
1.1 The Council on 26 June 2014 agreed to instruct officers to bring detailed proposals on the options available to the Council to designate Gillies Hill as a Local Nature Reserve (and consider similar designations offering protection to this area), and to enter into discussions with the landowners, to inform the decision that the Council would take in October 2014.
1.2 On 9 October 2014, the Council considered a report on the criteria and process for the designation of a Local Nature Reserve and similar protections that could apply to Gillies Hill, and instructed officers to hold further discussions with community representatives, Scottish Natural Heritage and all interested Elected Members, and present a further update report to Council in December 2014.
1.3 This update report summarises discussions that have taken place with Scottish Natural Heritage and Cambusbarron Community Council representatives, and reviews the case for the designation of a Local Nature Reserve. The report proposes that further assessment should be carried out to identify an area or areas of Gillies Hill that could be designated as a Local Nature Reserve. It is further proposed that the other option of a Local Nature Conservation Site is also investigated further in terms of eligibility criteria, timescale and costs associated with this.
2 OFFICER RECOMMENDATION (S)
The Council agrees to:-
2.1 note the discussions that have taken place to date with Cambusbarron Community Council and Scottish Natural Heritage in relation to Gillies Hill;
2.2 instruct officers to carry out further assessment of the feasibility of designating an area or areas of Gillies Hill as a Local Nature Reserve; and 2.3 instruct officers to carry out further assessment of the alternative option of ‘Local Nature Conservation Site’ designation, including eligibility criteria, timescales and costs to the Council of implementation.
3 CONSIDERATIONS
3.1 The Council has previously considered matters related to the possible reactivation of Murrayshall Quarry, Cambusbarron and the environmental impact on Gillies Hill (refer to Background Papers).
3.2 The Council on 26 June 2014, considered a motion in respect of possible renewed quarrying at Gillies Hill, and instructed officers to bring detailed proposals to the Council meeting in October 2014 on options available to the Council to designate Gillies Hill as a Local Nature Reserve (and consider similar designations offering protection to this area), and to enter into discussions with the landowners to inform the Council’s decision.
3.3 On 9 October 2014, the Council considered a report on the criteria and process for the designation of a Local Nature Reserve and similar protections that could apply to Gillies Hill, and instructed officers to hold further discussions with Scottish Natural Heritage, community representatives and interested Councillors and present a further update report to Council in December 2014.
3.4 Discussions have been held with Scottish Natural Heritage, who have confirmed that their role is largely as an advisory body and that the Local Nature Reserve designation process is the responsibility of the local authority to pursue. Scottish Natural Heritage would, in principle, support Gillies Hill being designated as a Local Nature Reserve by Stirling Council, subject to more detail on the habitats and species present and any plans to enhance the biodiversity of the area. Scottish Natural Heritage stated that they were not aware of any nationally important habitats in the area but understand that red squirrels have been seen on Gillies Hill which would strengthen the case for Local Nature Reserve designation.
3.5 As highlighted in the previous Council report, Scottish Natural Heritage advised that there are large areas of Rhododendron which is considered an invasive non-native species, and a significant area of plantation woodland and they would expect to see removal and/or enhancement of these habitats as part of a Local Nature Reserve proposal. Scottish Natural Heritage considered that Gillies Hill is undoubtedly an important recreational resource with high amenity value and therefore provides an opportunity for improving access to and interpretation of the natural heritage, which they would support.
3.6 A meeting was held with representatives of Cambusbarron Community Council to discuss the Local Nature Reserve proposal. They are supportive of the proposal and indicated that the Development Trust was in discussions with the landowner about obtaining a lease for an area of Gillies Hill for woodland management and recreational development purposes. If agreed, this could provide the basis for Local Nature Reserve designation over this area. 3.7 Discussions among the parties led to agreement that, notwithstanding the potential impediments to a Local Nature Reserve being designated for Gillies Hill, as highlighted in the previous report, further work should be done to assess the extent of and qualifying interests for such a designation and that this should involve further discussion with Scottish Natural Heritage and utilise the environmental information previously provided by the Community Council and the non-statutory Environmental Assessment work previously undertaken by Ironside Farrar on behalf of the Council. This work should also focus on the area or areas which would be subject to the designation.
3.8 It was also agreed that officers should investigate the potential costs and implications of acquiring/purchasing land at Gillies Hill, as this is one option open to local authorities within the legislation in order to secure Local Nature Reserve designation.
3.9 With regard to the alternative option of a Local Nature Conservation Site, the criteria for deciding whether a site is eligible have still to be formulated. The Council’s Biodiversity & Ranger Co-ordinator has confirmed that the criteria should be agreed this year and the process trialled before the end of 2014. Once this has been completed, the information that exists for Gillies Hill can be assessed. The quantity and quality of the data that already exists will determine the amount of further survey work that needs to be undertaken, which could have seasonal constraints. The bulk of the process is based on plant surveys and these cannot be accurately completed until the early summer.
4 POLICY/RESOURCE IMPLICATIONS AND CONSULTATIONS
Policy Implications
Equality Impact Assessment No Strategic Environmental Assessment No Single Outcome Agreement Yes Diversity (age, disability, gender, race, religion, sexual orientation) No Sustainability (community, economic, environmental) Yes Effect on Council’s green-house gas emissions No effect Corporate/Service Plan No Existing Policy or Strategy Yes Risk Yes Resource Implications Financial No People Yes Land and Property or IT Systems No Consultations Internal or External Consultations Yes
Equality Impact Assessment
4.1 An Equality Impact Assessment seeks to promote equality between different groups of people (people of different races, men and women, people with a disability, etc.) and differing issues such as religion/belief, age and sexual orientation. An Equality Impact Assessment demonstrates that equality has been addressed in policy-making and review. Since this report does not relate to a new policy or revising an existing policy, it is considered that it will have a neutral impact on equality.
Strategic Environmental Assessment
4.2 The matters presented in this report were considered under the Environmental Assessment (Scotland) Act 2005 and a Strategic Environmental Assessment is not required. Single Outcome Agreement
4.3 The recommendations support the Single Outcome Agreement, through protecting and ensuring Stirling is a place with a high quality natural environment. Other Policy Implications
4.4 Strategic Plan: The recommendations accord with the strategic objectives of the Council’s Strategic Plan – Shaping Stirling 2014, in terms of maintaining the natural environment. 4.5 Local Development Plan: Environmental and planning legislation in respect of mineral operations defines the requirements under which quarries are assessed and granted consent. The current consents for Murrayshall Quarry comply with the Council's Local Plan.
Resources
4.6 There would be significant work involved in assessing, designating and establishing a Local Nature Reserve; this would require officer resources from Council Services - Planning, Land Services and Legal Services.
4.7 The Council employs an officer on a temporary basis to undertake bio- diversity survey work, but Gillies Hill lies outwith the area that the officer is funded to work in and the officer’s employment contract only extends until June 2015. Whilst some time could be spent on this in 2015 to determine the data needs and further work needed, the officer may not be in post to complete the process. Other resources could be contracted to complete the process if need be but this will require additional funding. There may also be costs associated with completing any surveys that the Council does not have the skills for in-house.
4.8 No provision for the costs of any of the foregoing options in respect of establishing, managing and maintaining a Local Nature Reserve has been made in the Council’s revenue or capital budgets – this would require to be fully assessed. The Council could be liable for substantial costs in relation to compulsory purchase should certain legislative approaches outlined above be pursued.
Consultations
4.8 In the preparation of this report, consultations have been undertaken with the following:-
• Council Services – Planning and Land Services. • Cambusbarron Community Council. • Local Elected Members. • Key agencies – Scottish Natural Heritage. • Landowners – Tillicoultry Quarries and Drygrange Estate.
Tick ( ) to confirm
The appropriate Convener(s), Vice-Convener(s), Portfolio Holder and DG Depute Portfolio Holder have been consulted on this report NB The Chief Executive has been consulted on this report SC
5 BACKGROUND PAPERS
5.1 Report to Stirling Council on 9 October 2014 – Gillies Hill, Cambusbarron – Potential Designation as Local Nature Reserve.
5.2 Motion to Stirling Council on 26 June 2014 – Murrayshall Quarry, Gillies Hill, Cambusbarron.
5.3 Report to Stirling Council on 10 October 2013 – Murrayshall Quarry, Gillies Hill, Cambusbarron.
5.4 Report to Environment & Housing Committee on 19 September 2013 – Murrayshall Quarry, Gillies Hill, Cambusbarron.
5.5 Motion to Stirling Council on 27 June 2013 – Murrayshall Quarry.
5.6 Motion to Stirling Council on 11 October 2012 – The Stirling Council Murrayshall Quarry, Suspension Order.
5.7 Report to Stirling Council on 1 March 2012 – Murrayshall Quarry, Gillies Hill, Cambusbarron. 5.8 Murrayshall Quarry, Cambusbarron: Non-Statutory Environmental Appraisal, by Ironside Farrar Environmental Consultants – dated January 2012.
5.9 Report to Stirling Council on 17 March 2011 – Murrayshall Quarry, Gillies Hill, Cambusbarron.
5.10 Report to Stirling Council on 24 June 2010 – Murrayshall Quarry, Gillies Hill, Cambusbarron.
5.11 Report to Petitions Panel on 14 June 2010 – Murrayshall Quarry Review.
5.12 Report to Stirling Council on 24 January 2008 – Review of Old Mineral. Consent for Murrayshall Quarry. Gillies Hill, Cambusbarron – Reference S/80/116.
5.13 Planning Application Files relating to Murrayshall Quarry - S/80/116.
6 APPENDICES
6.1 None.
Authors: Name Designation Telephone Number/E-mail
Peter Morgan Chief Planning Officer 01786 233682
Guy Harewood Bio-Diversity & Ranger Co- 01786 237789 Ordinator – Land Services [email protected]
Approved by: Name Designation Signature
John Risk Head of Assets & Support
Date: 27 November 2014 Service EPRREP0171SC(PM) Reference: