Item8Appendix2SupportingInformation20210262DET
CAIRNGORMS NATIONAL PARK AUTHORITY Planning Committee Agenda Item 8 Appendix 2 24/09/2021
AGENDA ITEM 8
APPENDIX 2
2021/0262/DET
SUPPORTING INFORMATION
About Planning
Ref: 21⁄0001 Date: 20th April 2021
Mr W Wylie Angus House Planning Service Orchardbank Business Park Forfar DD8 1AN
Town Planning Consultants Millars House, Studio 2, 4la Gray Street, Broughty Ferry DD5 3BF Tel: Email:
Sent by email:
Dear Mr Wright,
THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997, AS AMENDED (THE “ACT”) RETROSPECTIVE PLANNING APPLICATION FOR RETENTION OF EXISTING TRACK AND UPGRADE AT THE SADDLE, CLOVA ESTATE, ANGUS (THE “DEVELOPMENT”)
Please find enclosed, on behalf of our client Mr H Niven (the “Applicant”), the above Planning Application.
The Planning Application is accompanied by the following:
Ο Location & Site Ownership Plan (Scale 1:1250); Supplementary Location Plan (Scale 1:5000); Ο Ο Site Plan (Scale 1:1000); Ο Site Plan (Scale 1:500); Ο The Saddle — Track Remediation Proposals (1:1500); Ο The Saddle – Track Remedial Works (1:1500); Ο The Saddle — Remediation Proposals (1:1500); Ο Culvert Installation — Plan; Ο Culvert Installation — Section; Ο Drainage Repairs (before remediation) – Section; Ο Drainage Repairs (after remediation) – Section; Ο Trackside Drainage and Reprofiling (before remediation) – Section; Ο Trackside Drainage and Reprofiling (after remediation) – Section;
VAT No. 355945463 Registered in Scotland No. SC668532
About Planning
Ο The Saddle Track Remediation Supporting Information; Ο The Saddle Wood Photographs.
As you are aware, Section 25 of the Town and Country Planning Act 1997 as amended provides that an application for planning permission shall be determined in accordance with the Development Plan unless material considerations indicate otherwise.
The relevant Development Plan context is provided by the TAYplan Strategic Development Plan (TSDP) and the Angus Local Development Plan (ALDP), 2016. The Cairngorms National Park Local Development Plan (CNPLDP), 2021 will also be relevant to the consideration of the proposal in the event of the Cairngorms National Park Authority (CNPA) calling-in the Application for their determination.
The following assessment identifies compliance with the Development Plan and other material considerations and we would be grateful for approval of the Application having regard to the following context.
The Application
Figure 1: Site Location illustrates that the track runs to the south of the B955 and to the west of Caddam Wood. The track runs for a length of approximately 409 metres on land forming part of the Glen Clova Estate, which lies approximately 15 miles north of Kirriemuir. The River South Esk is approximately 300m to the north and the site is located with the Cairngorms National Park boundary. The River South Esk is a designated Special Area of Conservation (SAC) and the site falls within the Cairngorms Massif Special Protection Area (SPA).
Figure 1: Site Location
00 Track Drain 0 Iss Collects Spreads Drain 天天 →Minrie Burn الله Tasues Issues Issues FB 11232m Issues D Old Manse +231m T Gallows Ke PW Hotel GP TCB 1955 +895 238m Track River South Esk Glen Clova 231m Glen House Rath ८,३ Kirkton of Clova Roineach Mhôr C Π Issues Witches How 237m Cadham Issues Issues Issues 0 Issues, Issues 238m 0 Issues Grouse Butts Issues Issues VAT No. 355945463 Registered in Scotland No. SC668532 234m Track Issues → 239m
About Planning The track was created in 2017, and as the Applicant was not aware that Prior Approval may have been required, has now submitted this retrospective Application. Photographs are provided with the Application illustrating the extent of revegetation of the track, over the last 4 years.
The Application also includes positive proposals to improve the track, which are detailed in the Supporting Information document on “Track Remediation Proposals” and include the fitting of new culverts, remedial works to the trackside drainage and the removal/reprofiling of spoil. In addition, it is proposed to further vegetate the soils using locally robbed turves or seeded using an upland species grass seed mix identical or similar to Scotia Seeds Highland Grassland Mix at the manufacturers recommended specification.
History
On 26th May 2020 the CNPA granted Prior Approval for forestry related building works (non- residential) – maintenance and upgrading of existing access tracks and formation of new tracks, turning areas, a borrow pit and water crossings at Caddam Plantation (Planning Application Ref: 2020/0037/NOT). These tracks are located to the southeast of The Saddle. An additional Application has also been submitted for a further existing track at Caddam at the same time as making this Application. Figure 2: Approved Caddam Wood Tracks illustrates the network of paths which have already been approved.
Figure 2: Approved Caddam Wood Tracks
Issues Issues Issues ↑ 000 a 00 00 00000 10 00 00 Landscape Craigs of Inchdowrie a Although the proposals occur an elevated location, their visual impact are much reduced as the majority of the track construction takes place within the woodland. Tree felling will be required to facilitate the track construction, however felling will be kept to a narrow corridor which will aim to minimise potential landscape impacts any 00 VAT No. 355945463 Registered in Scotland No. SC668532 FB 234m 天 Marchburn Reservoir (covered) 234m 木 木木 ↑ Track Proposed Caddam Tracks New Landrover track — 1,022m Upgrade existing track — 913m Pat ווייץ Collects 0 231m 236m 236m Newbigging 233m Sinks 1411
About Planning TAYplan, approved June 2017
Table 1: TAYplan, 2017: Key Policies identifies the key relevant policies relating to the proposal.
Table 1: TAYplan, 2017: Key Policies Policy Compliance Policy 2: Shaping Better Quality Places The development improves accessibility and makes the best use of existing infrastructure. The development is considered to comply. Policy 3: A First Choice for Investment The development supports the role of countryside management and potentially contributes to tourism and recreation. The development is considered to comply.
Angus Local Development Plan (ALDP), adopted 2016
The proposals map identifies that the site falls within the Cairngorms National Park Authority. Table 2: ALDP, 2016 – Key Policies identifies the key relevant policies relating to the proposal.
Table 2: ALDP, 2016: Key Policies Policy Compliance Policy DSI Development Boundaries and Priorities The development is of a scale and nature appropriate to its location relating only to the retention and upgrade of a hillside track, ensuring a better use of the land and supporting accessibility. The development is considered to comply. Policy DS2 Accessible Development The development provides and enhances a safe and pleasant path for walking suitable for use by all. The development is considered to comply. Policy DS4 Amenity The development does not have an unacceptable adverse impact on the surrounding area or the environment or amenity. The development is considered to comply. Policy TC16 Tourism Development The development will provide access to the countryside. There is a justifiable locational requirement for retaining/upgrading the track, whic forms part of a wider network of tracks which have already been approved by the CNPA. Figure 1 illustrates that the development is of a scale and nature which is in keeping with the character of the local landscape. There is no known impact on the VAT No. 355945463 Registered in Scotland No. SC668532
About Planning natural environment or surrounding amenity and the development positively contributes to accessibility. The development is considered to comply.
Cairngorm National Park Local Development Plan (CNPLDP), adopted 2021
The Spatial Strategy of the CNPLDP identifies that “Most of the land outside the Park’s main settlements is farmland, moorland, forestry, woodland and mountain that is valued for nature, recreation and land management activities.” The development actively supports these management and land use objectives and there is no know impact on nature conservation interests.
Table 3: CNPLDP, 2021: Key Policies identifies the key relevant policies relating to the proposal.
Table 3: CNPLDP, 2015 – Key Policies Policy Compliance Policy 2 — Supporting Economic Growth
2.3 Other tourism and leisure developments
Development which enhances formal and informal recreation and leisure facilities; tourism and leisure-based business activities and attractions; and improved opportunities for responsible outdoor access will be supported where:
a) It has no adverse environmental or amenity impacts on the site or neighbouring areas; and
b) It makes a positive contribution to the experience of visitors; and
c) It supports or contributes to a year- round economy. The woodland track is already established and forms a characteristic element of both farming and forestry operations in this area. The construction of the track is sympathetic to its countryside location and the Application incorporates improvements to the track, both in terms of drainage and revegetation.
The development forms part of a wider network of paths and positively contributes to the requirements and objectives of Policy 2.3, not only allowing hillside management, but also complying with the stated criteria for improved opportunities for responsible outdoor access. The development is considered to comply. Policy 3 — Design and Placemaking
3.1 Placemaking All developments must meet the six qualities of successful places, i.e. be distinctive, safe and pleasant, welcoming, Woodland/hillside tracks are established and traditional features of the hillside and is a characteristic element of both farming and forestry operations in this area. The construction of the track is sympathetic to its countryside location. In addition, the Application further proposes to improve the VAT No. 355945463 Registered in Scotland No. SC668532
About Planning adaptable, resource efficient; and easy to move around and beyond.
3.3 Sustainable Design All development proposals must also be designed to:
a) Minimise the effects of the development on climate change in terms of siting and construction…
b) Be sympathetic to the traditional pattern and character of the surrounding area…
c) Use materials and landscaping that will complement the setting of development;
d) Make sustainable use of resources, including the minimisation of energy, waste and water usage…
h) maintain and maximise all opportunities for responsible outdoor access, including links into the existing path network and ensuring consistency with the Cairngorms National Park Core Paths Plan. Policy 4 — Natural Heritage
4.4 Protected species a Development that would have significant adverse effect on any European Protected Species will not be permitted.
4.5 Other biodiversity Development that would have a significant adverse effect on species listed in Schedules 2 and 4 of The Conservation (Natural Habitats &c.) Regulations 1994 (as amended in Scotland) will not be permitted…
4.6 All development Where there is evidence to indicate that a access through new drainage measures and further planting/vegetation.
The materials used are appropriate for the track’s construction, and local materials have been used. The development also contributes to the objective to “Maintain and maximise all opportunities for responsible outdoor access…” contributing to placemaking objectives, in addition to its use for hillside management. The development is considered to comply. There are no International designations, National designations or Woodlands covering the site. The development does not impact on European Protected Species or species listed in Schedules 2 and 4 of The Conservation (Natural Habitats &c.) Regulations 1994. The development would not effect on habitats or species identified in the Cairngorms Nature Action Plan, UK Biodiversity Action Plan, Birds of Conservation Concerns or by Scottish Ministers through the Scottish Biodiversity List, including any cumulative. The Applicant is content, through planning condition, to undertake a species survey if protected or priority habitat or species considered appropriate. VAT No. 355945463 Registered in Scotland No. SC668532
About Planning may be present on, or adjacent to, a site, The development is considered to comply. or could be adversely affected by the development, the developer will be required to undertake a focused survey of the area’s natural environment to assess the effect of the development on it and to submit a species/habitat protection plan where necessary to set out measures to avoid, reduce or mitigate such effects. Policy 5 — Landscape
5.1 Special Landscape Qualities There will be a presumption against any development that does not conserve or enhance the landscape character and special landscape qualities of the Cairngorms National Park including wildness and the setting of the proposed development.
Development that does not complement or enhance the landscape character of the National Park and the setting of the proposed development will be permitted only where:
a) Any signifcant adverse effects on the special landscape qualities of the National Park are clearly outweighed by social or economic benefits of national importance; and The development does not undermine the requirement to conserve and enhance the landscape character and special qualities of the Cairngorms National Park. Part (b) of the Policy requires that “All the adverse effects on the setting of the proposed development have been minimised and mitigated through appropriate siting, layout, scale, design and construction to the satisfaction of the planning authority.” The Application proposes remedial works to improve drainage and also proposes further planting/vegetation to ensure that any potential adverse effects have been mitigated. The path is located close to the valley floor and is not considered to fall with an ‘open moorland area’ as defined in the CNPLDP.
b) All the adverse effects on the setting of The development is considered to comply. the proposed development have been minimised and mitigated through appropriate siting, layout, scale, design and construction to the satisfaction of the planning authority.
5.2 Private roads and ways
There will be a presumption against new private roads and ways in open moorlandl areas. Open Moorlands are defined here as “the land outside enclosed farmland, semi-improved grassland and forests, and includes VAT No. 355945463 Registered in Scotland No. SC668532
About Planning heather moorland and montane habitats found on high ground across the National Park”.
Policy 10 — Resources
10.1 Water resources All development should:
a) Minimise the use of treated and abstracted water; and
b) Treat surface water and foul water discharge separately. Development is required to treat surface water in accordance with the current CIRIA SuDS Manual; and
c) Have no significant adverse impact on existing or private water supplies or wastewater treatment services; and…
d) Not result in the deterioration of the current or potential ecological status or prejudice the ability to restore water bodies to good ecological status; and
e) Not result in the deterioration of water resources used for amenity or recreation; and
f) Avoid unacceptable detrimental impacts on the water environment and seek to improve the water environment where possible. Development should demonstrate that any impacts (including cumulative) can be adequately mitigated. Existing and potential impacts up and downstream of the development, particularly in respect of potential flooding, should be addressed; and
g) Avoid unacceptable detrimental impacts on groundwater dependent terrestrial ecosystems.
There is a presumption against the The Saddle Remediation Proposals Supporting Information provided with this Application identifies proposals to retro-fit new culverts to relieve water entering the track side drain system. The report also confirms that work will be undertaken to repair damage to the trackside drain caused by erosion, reprofiling of the drainage channel will be undertaken using excess soil from the downhill side of the track. the drain line formed will also be back-filled and the surface revegetated.
Policy 10.1 seeks to protect the quality of the water environment and its ecological interest. It includes a presumption against culverting of water courses and unnecessary engineering works in the water environment.
Although there is a presumption against culverting, the CNPA, in their appraisal of Planning Application Ref: 2020/0037/NOT, for the wider network of paths through Caddam Wood, acknowledge that culverts are a standard technique in track construction and are also controlled by SEPA licencing.
The Report of Handling concluded that “While the use of culverts is cost effective, they can also avoid more intrusive engineering works required to bridge water courses. With the site specific construction method statement to ensure no impacts on water quality the proposal will comply with Policy 10: Resources of the Cairngorms National Park Local Development Plan 2015.” Policy 10 of the CNPLDP, 2021 reflects the 2015 policy. VAT No. 355945463 Registered in Scotland No. SC668532
About Planning culverting of watercourses and any unnecessary engineering works in the water environment. An appropriately sized buffer strip will be required to be retained around all water features and designed and managed to contribute positively The development is considered to comply. towards sustainable placemaking. SEPA’s Flood Map identifies that the proposed site is not in an identified flood risk area, and therefore there are no flood risk issues associated with the proposal.
10.2 Flooding All development should:
a) Be free from Medium to High risk of flooding from all sources taking into account predicted impacts of climate change; and
b) Not increase the risk of flooding elsewhere; and
c) Not add to the area of land that requires flood prevention measures; and
d) Not affect the ability of the functional floodplain to store or move flood waters… It is considered that the proposal accords with the provisions of the Development Plan and that there are material considerations, including the Supplementary Guidance relevant to the above policies, in support of the proposal.
Having regard to the above, the Applicant would be grateful if Planning Permission is accordingly granted.
If you have any queries on this application or would wish to discuss any aspects further please do not hesitate to contact me.
Yours sincerely,
Emelda Maclean MRTPI About Planning Ltd VAT No. 355945463 Registered in Scotland No. SC668532
Glen Clova Estate The Saddle – Track Remediation Proposals Supporting Information February 2021 Prepared by: David Bruce BSC Tilhill Forestry 1 Duckburn Park Stirling Road Dunblane FK15 OEW T: E: Tilhill FORESTRY
Summary This document provides information relating to the remediation of track and drainage work carried out at the above location This note will detail: a) How eroded track side drains will be addressed b) How spoil on the lower side of the track will be reduced and made less prominent within the surround landscape c) How profiled spoil position next to a drainage channel will be addressed to reduce its visual prominence and the site vegetated using locally robbed turves or seeded using an upland species grass seed mix identical or similar to Scotia Seeds Highland Grassland Mix at the manufacturers recommended specification: d) How culverts will be placed to reduce speed and energy of water in the trackside drain. This working document will detail the operations set out as follows.
- Retro-fitting new culverts
- Remedial works to the trackside drainage channel
Restoration of drainage channel 1| Page
Retro-fitting new culverts The track length is approximately 409m in length, approximately 130m of the track is in excess of 7% slope. At the time of installation, he track was constructed with as dug material, a top side drain was cut and overburden and spoil arrange on the downhill side of the track. No culverts were installed during construction. The absence of culverts has allowed both track surface and upslope water to enter the track side drain system. This has been allowed to pick up speed and energy which has caused erosion. Installation of culverts The spacing of ditch relief culverts will be provided at all the low points along the track sections, and at sufficient frequency to relieve the trackside ditch of excessive water. Relief culvert spacing has been estimated as 1 culvert for every 100m of track. However the proposed frequency of culverts has been increased 1 every 50m due to the terrain and the surrounding soil moisture. The base of the culvert will be excavated approximately 100mm beneath the culvert level. The culvert will be placed on to a firmed bed with material no more than 100mm in diameter. Approximately 300mm will be left between the pipe and trench edge to allow for backfilling and firming in 150mm layers. A thick layer of good stone approximately 250 – 300mm will be used to cap the culvert in order to spread the weigh. Stone revetments will be constructed to guide water into the pipe on the upstream side of the culvert using locally won stone, from the lower slope spoil. Headwalls will be constructed upstream and downstream of the culvert to provide support for the culvert and new track using suitable stone also won locally. 2| Page
Site — Glen Clova Estate — The Saddle Fill trench with good stone. Fill in 150mm layers, firming down between each layer to ensure that it is well packed. Site — Glen Clova Estate — The Saddle Retro-fitting Culverts Ensure at least 20m of vegetated run-off ground between culverts and water courses Date 11/03/2021 Silt trap Relief Culvert Installation The pipe need to lie on a 100mm firmed bed of good quality material Culvert Installation — Plan CULVERT TRACK Drain flow direction Silt trap Tilhill FORESTRY A thick layer of good stone is needed above the pipe to spread the load. Consult manufacturers guidance for installation Trench is wide enough to backfill pipe. Cut trench to allow at least 30cm between pipe and side of trench to give enough space to compress stone. Tilhill FORESTRY Large rocks and excess verge material used to create drain blocks to enable water to be directed through culverts 3| Page
- Remedial works to track side drainage Work will be undertaken to repair damage to the trackside drain caused by erosion, reprofiling of the drainage channel will be undertaken using excess spoil from the downhill side of the track and angles of the upper batter reprofiled. Large rock material will be utilised to direct water in to culverts and arm head walls. Site — Glen Clova Estate — The Saddle Drain Repair Tilhill FORESTRY Lower side verge prominent due to profiling and high amount of large rocks Forestry Track Construction — BEFORE — Drainage Repairs Drainage channel has widened and deepened due to erosion Date 11/03/2021 Track edges and middle beginning to naturally revegetate 4|Page
Site — Glen Clova Estate — The Saddle Drain Repair Reprofiled lower verge to be revegetated with robbed turves or seed Date 11/03/2021 Tilhill FORESTRY Forestry Track Construction — AFTER — Drainage Repairs Reprofile drain from excess spoil on the down hill side of the track Track edges and middle beginning to naturally revegetate 5| Page
3 Restoration of drainage channel This drain line is visible within the wider landscape due to the drain spoil being formed in a hard linear line. In order to remediate this issue it is proposed the drain will simply be back-filled and the surface revegetated. If appropriate a land drainage pipe could be installed during the back-filling process. Site — Glen Clova Estate — The Saddle Drain Backfilling Date 11/03/2021 Refilling Drainage channel BEFORE REMEDIATION Drain spoil heaped and profiled making it visible in the surrounding landscape Tilhill FORESTRY Drainage Channel 6|Page
Site — Glen Clova Estate — The Saddle Drain Backfilling Tilhill FORESTRY Refilling Drainage channel AFTER REMEDIATION Revegetate using existing turves where available or re-seed Date 11/03/2021 Drainage Channel Install land drainage pipe if required Back fill drain using profile spoil 7| Page