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Lochgair Report 0401219.Pdf DEVELOPMENT SERVICES Local Member - Councillor Alison Hay PLANNING APPLICATION REPORT Date of Validity - 9.7.04 MID ARGYLL, KINTYRE AND ISLAY Informal Hearing Date - 19.01.05 Reference Number: 04/01219/DET Applicants Name: Scottish Water Solutions Application Type: Detailed Application Description: Construction of a waste water treatment facility, access, lay-by, control kiosk and formation of a slipway Location: Foreshore adjoining ‘Lochside’, Lochgair (A ) THE APPLICATION (i) Development Requiring Express Planning Permission: • Raising of existing ground levels and installation of retaining structure to accommodate below ground valve chamber, pumping station and septic tank; • Formation of access and lay-by to accommodate tanker and maintenance vehicles; • Installation of above ground control kiosk; • Formation of slipway for recreational use. (ii) Other Aspects of the Development: • Installation of collection and transfer sewer to intercept existing sewage discharge into Loch Gair; • Construction of long sea outfall to Loch Fyne; • Construction of storm outfall to discharge to Loch Gair (below MLWS). (B) RECOMMENDATION It is recommended that the application be refused for the reason stated in the report. (C) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS The settlement of Lochgair is partly served by an adopted communal septic tank with a short sea outfall into Loch Gair, and partly by individual private septic tanks. The Urban Wastewater Treatment Regulations (1994) require ‘appropriate treatment’ to be provided in order that the public sewer system meets EU standards. In the case of Lochgair, this will require Scottish Water to provide primary treatment (i.e. a septic tank served by a long sea outfall) to serve those properties connected to the existing system. There is no obligation to connect additional properties to the public system, although clearly it would be good practice to do so in small communities such as this, where for historical reasons the public system only serves part of a village. Scottish Water do not intend to connect additional properties as a matter of course, although properties adjacent to the system will have the opportunity for ‘first time provision’ at householders’ expense. Scottish Water do not consider that it is appropriate to replace the existing public septic tank in its present location due to the limitations of the site to accommodate a larger development, and the difficulties involved in collecting the sewers from properties below this site. The proposal is to install a new tank and associated equipment and ancillary works on the foreshore, which would be served by a long sea outfall to Loch Fyne. There is only one site in Lochgair which is adjacent to the foreshore and capable of reasonable access by tanker. This site currently has permission for a community slipway although this has not been implemented. The scheme involves infilling and retaining part of the foreshore to accommodate the underground plant, and involves the part construction of a slipway which will initially provide an off-road platform for construction, and facilitate recreational use in the long-term. The site is served by a single track road and is closely adjoined by residential property. There is a history of tidal inundation in this locality. Whilst the F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001965\AI00021039\LOCHGAIRREPORT04012190.DOC Council would be responsible for issues relating to the operation of the site, such as noise and odour control, the consideration of a discharge consent application will be the responsibility of SEPA. The Head of Protective Services has objected to the application on the grounds that the proximity of the site to residential property will constitute a ‘bad neighbour’ development in respect of adjoining dwellings at close quarters, particularly as a result of potential odour nuisance. Contributing factors to this stance are the failure to meet BS separation distance guidelines, likely nuisance associated with periodic tanker emptying, and the fact that those properties most likely to be adversely affected are not served by the public system. As the scheme only constitutes a partial solution to the sewerage needs of Lochgair, it is not considered that the environmental benefit of the scheme is of such magnitude that it would, irrespective of the localised consequences of the proposal, warrant the development of this site in the public interest. Although any odour nuisance is likely to be intermittent, this could not be satisfactorily mitigated by odour control measures or by planning conditions. It is considered that the only reliable means to avoid potential nuisance from such a facility is by maintaining physical separation between the source and potential receptors. In the absence of adequate separation to secure this, the development would be contrary to the ‘bad neighbour’ policies of both the adopted and emergent local plans. Objections or concerns regarding the proposal have been raised by 11 local households and the Lochgair Association, largely in relation to anticipated problems associated with flooding of the site, visual appearance and nuisance from smells. Angus J Gilmour Head of Planning 12th January 2004 Author: Richard Kerr (01546) 604080 F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001965\AI00021039\LOCHGAIRREPORT04012190.DOC REASON FOR REFUSAL RELATIVE TO APPLICATION: 04/01219/DET 1. The proposal relates to the development of a waste water treatment facility in a foreshore location in close proximity to dwellings adjacent to and overlooking the site. The development does not meet the recommended separation distances between such a facility and residential property as advised in ‘BS6297 Cess Pools an Septic Tanks’, and the site by virtue of its location, its history of tidal inundation and its requirement for periodic emptying by tanker, has the potential to constitute a ‘bad neighbour’ as a consequence of the production of offensive odours, both in respect of adjoining residential property, users of the single track road serving the village and future users of the proposed slipway. The nuisance risk posed by the development cannot be satisfactorily mitigated by odour control measures or by the imposition of planning conditions, as the only practicable safeguard in this case is to maintain an adequate separation distance between the odour source and sensitive receptors. The development would have adverse consequences for the amenity of the surrounding area in general, and the residential amenity of nearby dwellings in particular, and would therefore be contrary to adopted local plan policy COM 3 and draft local plan policy E 3, which seek to safeguard existing development from impacts which are significantly injurious to, and incompatible with, existing development. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000243\M00001965\AI00021039\LOCHGAIRREPORT04012190.DOC APPENDIX RELATIVE TO APPLICATION 04/01219/DET A. POLICY OVERVIEW Mid Argyll Local Plan 1985 (1st Alt. 1989 and 2nd Alt. 1993) Policy STRAT DC1 – Lochgair is identified as a minor settlement, where small scale, or in exceptional cases, medium scale development is supported. Policy E8 – identifies Lochgair as a ‘special built environment area’ where conservation and enhancement is promoted. Policy COM 3 – seeks to prevent the introduction of ‘bad neighbour’ uses into residential areas. 'Argyll and Bute Local Plan' (Consultation Draft 2003) Policy STRAT DC 1 – supports in small towns and villages development serving a local community of interest up to and including medium scale development on appropriate sites. Policies STRAT DC 10 and E 2 – Development which would be at risk from flooding will be contrary to the plan unless the risk can be managed by mitigation or other measures. Policy E 3 – development will not be supported where it gives rise to bad neighbour impacts which are significantly injurious to, and incompatible with, existing development. Policy E 4 – development on the natural foreshore will only be acceptable if there is no alternative suitable landward location, and if key features such as ecology, access considerations, and the appearance of, and views across, the foreshore are not undermined. Policy S 1 – expresses support in principle for sewerage development, other than in particular circumstances. Facilities serving a population equivalent of + 50 within 250 metres of occupied property should be resisted, unless a lesser distance is specified by an approved odour control model. Policy E 8 – identifies part of Lochgair including the application site as a ‘Special Built Environment Area’ where development which undermines the qualities of such an area should be resisted. B. OTHER MATERIAL CONSIDERATIONS (i) Site History 03/01796/DET Planning permission granted for community slipway (18.11.03). (ii) Consultations Head of Protective Services (memo dated 12.1.05) – The proposed communal septic tank would eliminate the routine discharge of raw sewage from the public sewer system into Loch Gair. As is common with any septic tank, there will be periods where odours from the septic tank will be detected in the immediate vicinity. These will be intermittent and the highest levels will be experienced when a road tanker is emptying the tank. The application site is close to residential property, the public road and a proposed community jetty. The separation distance, (15 metres to the nearest dwelling), fails to meet that recommended in British Standard BS 6297 : 1983, “Design and
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