Argyll and Bute Council Planning and Regulatory Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 relative to applications for Planning Permission or Planning Permission in Principle ____________________________________________________________________________ Reference No: 16/02911/MIN Planning Hierarchy: Major Development Applicant: A and L McCrae Ltd Proposal: Development of a quarry allowing for the extraction and processing of sand and gravel and the final restoration of the land Site Address: Glasdrum, Fasnacloich, Appin ____________________________________________________________________________ DECISION ROUTE (i) Local Government Scotland Act 1973 ____________________________________________________________________________ (A) THE APPLICATION (i) Development Requiring Express Planning Permission Extraction of 83,000 tonnes of sand and gravel over a period of 5 years and 6 months (approximate annual extraction 15,000 tonnes) with two months initial site preparation and a further eight months of final site restoration works; Siting of weigh bridge and formation of settling ponds, Use of existing cottage for site office, Installation of sump Formation of soil storage bund at northern boundary of the site, Formation of car parking area, Improvement to three existing passing places along U37 Salachail Road. Site restoration works including importation of inert materials (aggregate waste) to raise levels and re-use of top soil. Site will be returned to agricultural use. (ii) Other specified operations The site extends to some 5.35ha with the working area to some 3.05ha, Working hours proposed are 7am to 6pm Monday to Friday and 7am to 12noon on Saturdays, There will be an average of six HGV movements a day (three in and three out) with four daily car movements (two in and two out). Minor tree felling ____________________________________________________________________________ (B) RECOMMENDATION: It is recommended that in consideration of the Local Development Plan and all other material considerations that the application be refused for the reasons appended below. ____________________________________________________________________________ (C) HISTORY: 16/01059/PAN – Proposal of Application Notice for proposed sand and gravel quarry. – Closed 27/5/2016 16/01060/SCRSCO - Screening and scoping application for proposed sand and gravel quarry – Closed 20/5/2016 ____________________________________________________________________________ (D) CONSULTATIONS: Scottish Environment Protection Agency (SEPA) – Responses dated 8/12/2016, 28/6/2017, 19/7/2017, SEPA initially objected due to concerns over flood risk. They confirm that they are now in a position to remove their objection and provide the following technical comments: The FRA indicates a localised increase (less than a 400m reach) in flooding will occur upstream of the proposed development with a maximum flood depth of approximately 0.36m possible. It is suggested that additional flood storage will be provided as a result of the proposed development works however we would confirm that a localised increase in flooding will still occur. In these circumstances SEPA would normally request that further management measures are considered to ensure at least a neutral effect on flooding, as per the requirements of Scottish Planning Policy, however in this instance we would note that the effect of increased flood is localised and only impacts on an area of forestry which is sited within the ownership of the same landowner. Furthermore the proposed development is a water compatible use and the working life of the quarry is also acknowledged as being of a temporary nature. Based on these considerations we are now satisfied that the proposal should not represent a significant increase in flood risk In response to comments made by the Argyll Fisheries Trust (AFT) SEPA comment that there are no proposals to discharge to the water environment. In an extreme flood event there may be additional silt discharging into the water course but this would only occur once the quarry void had filled and defences failed. In such an occurrence the river would be full of silt from upstream and therefore any impact the quarry might have would not be significant in light of this. Scottish Natural Heritage – Response dated 21/12/2016, 14/6/2017, and 3/8/2017 SNH agree that best practice methodology has been used for the mammal surveys. However, August is not a useful time for breeding bird surveys as most species have completed their breeding efforts. This loss of small section of bat feeding habitat is unlikely to have significant impact on the populations present, particularly given its location within a glen with other suitable feeding resource. Should the application be approved then pre- construction surveys should be carried out and the mitigation measures identified in the ES adhered to. SNH has raised an objection in their response dated 3rd August 2017 citing a lack of information relating to the proposed silt traps. There is a 53% possibility of a flood event that could result in silts from the quarry entering the River Creran and being carried to the Loch Creran Special Area of Conservation (SAC). The applicant has not provided sufficient detail regarding the proposed silt traps other than to say there will be no discharge from the site other than in an extreme flood event. However, they have not provided confirmation of the type, capacity or form of the traps. Loch Creran is designated for its serpulid reefs whilst there are native oysters at the mouth of the loch which are a priority marine species. The proposal has the potential to threaten both. Additionally, should the proposal cause additional silting of the River Creran then this would have an adverse impact on the habitat for Atlantic Salmon which are a European Protected Species when in fresh water. SNH has confirmed that the proposal will not adversely impact on the following nearby designations: Glen Etive and Glen Fyne SPA Glen Creran Woods SAC and SSSI, Royal Society for the Protection of Birds (RSPB) – Response dated 21/2/2017 The site is close to the Glen Creran woods and Loch Creran SACs and the Glen Etive and Glen Fyne SPA. They advise that a likely significant effect is unlikely to arise on the SPA. In relation to the Glen Creran woods SAC information as to why dust fall out will not impact on the SAC and its associated mosses and lichens is not fully covered within the EIA. Whilst a flooding incident resulting in sediment deposition within the Loch Creran SAC may seem unlikely they advise that consideration maybe given to further mitigation to ensure that such an event does not occur i.e. formation of a natural reed bed filter system. They advise that Habitats Regulation Appraisals are undertaken by the Council under the Habitats Regulations for these sites. The bird survey work undertaken was carried out within the autumn passage period and does not adhere to recommended guidance. RSPB advise that if the applicant is serious about survey work to inform this proposal then a breeding bird survey should be carried out. Nature After Minerals does not seem to feature heavily within the EIA and they would advise that should this application be approved a condition is attached to ensure biodiversity gain is maximised within any restoration. Forestry Commission Scotland (FCS) – Respond dated 13/12/2016 FCS make comment that compensatory planting (CP) is proposed (section 8.8.1.1 of the ES) as required under policy SG LDP ENV 6 (Development Impact on Trees and Woodland). The CP should be of an equivalent woodland area, on appropriate site types and with at least the equivalent woodland related net public benefits. A planning condition is recommended by FCS to cover the details of the compensatory planting. Argyll Fisheries Trust (AFT) – Response dated 24/1/2017 AFT have been working on the River Creran since 1988, building an understanding of the salmonid fish populations and the factors that affect them. More recently they have worked with the fishery owners to improve the river habitat to benefit the salmon population of the river which is not currently in a healthy state. AFTs main concern with the proposal is the continual input of fine sediments into the river. Silt traps reduce the amount of silt entering the river, however they cannot block all silt. In a flood situation, the majority of silt and other fine sediments would be transported downstream to Loch Creran, however there will inevitably be fine sediments deposited within the river bed. A regular input of fines for the development is likely to make the area downstream of the proposed quarry site uninhabitable for salmonids. The location of the proposed quarry coincides with an AFT long term monitoring site. Since 2004, AFT have recorded relatively good numbers of juvenile salmon fry (eggs hatched that year), which shows that adult salmon are spawning in the area. The habitat at the site consists of pebbles and cobbles, which unlike most of the river is stable with plenty of cover, and is therefore of good quality for salmonid fish. AFT estimate that the distance from this site to the tidal limit is around 750m, and therefore that is the length of the river habitat at risk from this development. There are many issues elsewhere in the river catchment with salmon egg survival, and therefore this productive area of habitat is very important to the salmon population of the River Creran and any deterioration of the habitat will further endanger the fragile fish populations currently present. West of Scotland Archaeology Service (WoSAS) – Response dated 1/12/2016 WoSAS do not object to the application but recommend that should permission be granted then a planning condition should be attached requiring the submission of a written scheme of investigation to be approved by the planning authority in consultation with WoSAS prior to the commencement of any works.