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CAIRNGORMS NATIONAL PARK AUTHORITY 
Planning Paper 1 18 September 2009 

CAIRNGORMS NATIONAL PARK AUTHORITY 


Title: REPORT ON CALLED-IN PLANNING APPLICATION 

Prepared by: ROBERT GRANT, PLANNING OFFICER 

DEVELOPMENT PROPOSED: FULL PLANNING PERMISSION FOR 
THE INSTALLATION OF 4 BOREHOLES FOR GROUNDWATER 
ABSTRACTION AND THE CONSTRUCTION OF 4 UNDERGROUND WELLHEAD 
CHAMBERS, ACCESS TRACK AND ASSOCIATED SITE WORKS ON LAND 
BETWEEN B9152 AND THE RIVER SPEY, AVIEMORE. 

REFERENCE: 08/400/CP 

APPLICANT: SCOTTISH WATER, C/O SCOTTISH WATER SOLUTIONS, 
TORRIDON HOUSE, BEECHWOOD BUSINESS PARK , INVERNESS, IV2 3BW 

DATE CALLED-IN: 11 DECEMBER 2008 

RECOMMENDATION: GRANT WITH CONDITIONS 


Fig. 1: Site location plan 


PAGE 2

SITE DESCRIPTION AND PROPOSAL 

Background 

1. 
This planning application is one of three separate but inter-related 
applications made by Scottish Water to upgrade the current public water 
supply serving the Badenoch and Strathspey catchment area. This catchment 
includes all of the settlements in the area and extends from Cromdale in the 
north to Newtonmore in the south. Full planning permission was sought for 
the construction of a Clear Water Tank and associated works (08/328/CP) 
on a site to the west of Sluggangranish, to the north of Aviemore. The 
CNPA resolved to grant planning permission for that development at its 
meeting on 20th February 2009. A further application was approved by the 
CNPA on 26th June 2009 for a Water Treatment Works building, associated 
site works and the construction of an access road at Easter Kinakyle 
(08/329/CP). A further additional component is the installation of a new 
underground water main to pump treated water from the proposed Water 
Treatment Works to the Clear Water Tank, and to direct the stored treated 
water from the Clear Water Tank to the existing distribution main and the 
rest of the system. These pipeline components have been classed as 
Permitted Development under Class 38 (Water Undertakings) of the Town 
and Country Planning (Scotland) General Permitted Development Order 
1999. 

Fig. 2:  Map showing the Proposed Development Works -Locations 


Proposal 

2. Full planning permission is sought for the installation of 4no. boreholes for 
groundwater abstraction, the construction of 4no.underground wellhead 
chambers, access track and associated site works between the B9152 public 


PAGE 3

road, the Inverness – Perth railway line and nearby to the River Spey, some 
2km to the south of Aviemore. 

3. The site is in an elongated form, extending on a south west to north east axis 
formed around the borehole locations and the access track. It comprises a 
mix of agricultural grassland for grazing within its easternmost section and a 
small hillock to the western area, both on the margins of the flood plain and 
part of a lower river terrace within a meander loop of the River Spey. The 
site is predominately open and flat flying until it enters the area immediately 
adjacent to the hillock which consists of scrub and trees. A number of 
overhead line pylons are located in close proximity, running parallel with the 
road and railway. 

4. Access to the site would be gained via an existing access point off the B9152 
public road, from where an existing gravelled track leads to a railway 
crossing. Improvement works are proposed to the existing access track as 
part of this application, and also the formation of new sections into the site. 
The improved access track would extend approximately 560 metres through 
the site, where it is proposed to serve the 4no. borehole wellhead locations, 
it would utilise sections of existing access tracks where possible. The 3m 
wide access track would comprise a locally-sourced gravel sub-base. The 
main section would be finished with a gravel dust surfacing allowing for a 
reduced visual impact and to enable it to be utilised for the proposed 
Speyside Way long distance route extension. 

Fig. 3:  Colour photo showing the view of site access from above B9152 

Fig. 4:  Colour photo showing the access from B9152 

Fig. 5:  Colour photo showing the access leading to crossing 


PAGE 4

Fig. 6:  Architect's drawing showin the Proposed site layout plan 

5. The proposed boreholes would involve the installation of 4no. abstraction 
boreholes (3 duty and 1 stand-by wells) drilled to a depth of 55metres 
directly adjacent to the River Spey, located approximately 100m to 250m 
from the river. The boreholes would be constructed using 300mm steel 
casing and allow for the abstraction of 7.7 million litres of raw ground water 
per day for treatment from the river aquifer. Each borehole would have an 
underground wellhead chamber housing the pumping equipment, constructed 
of concrete to a depth of 1.6 m, with an area extending to 1.7 m (W) x 4.3m 
(L). These would appear up to 0.4 m above ground. Each would be enclosed 
by a stock-proof post and wire fence in a compound and partly mounded, 
with appropriate associated landscaping. 

Fig. 9:  Colour photo looking towards borehole A&B 

Fig.10: Colour photo looking towards borehole C&D 

6. This application has been subject to a number of amendments to reduce the 
visual impact of both the access track and the borehole equipment housing. It 


PAGE 5

was formerly proposed to install the wellhead equipment within walk-in GRP 
kiosk structures approximately 4.5m (L) x 2.5m (W) x 2.3m (H) (coloured 
Flint Grey). However negotiations have led to the structures being placed 
underground and more appropriately screened to reduce their visual impact. 
A number of options have been discussed with regard to the access track, 
ultimately the requirement for a balanced approach to landscape impact and 
the need for a suitable surface for use for walking, cycling and vehicles to 
utilise ensures that gravel dust would be the most satisfactory option 
available. 

Fig. 7:   Architect's drawing showin the Wellhead cross-section 

Fig. 8:  Black & white photo showing Similar examples – Ullapool 


Supporting Information 

7. Some background (see appendix 1 briefing note) to the overall proposals has 
already been provided in the course of the previously determined planning 
applications for the clear water tank and the water treatment works 
respectively. There are three project drivers for the development improvement 
of water quality by upgrading the treatment process; providing 
growth for a population equivalent of approximately 4500 persons; and 
security of supply of both raw and treated water. The Water Treatment 
Works is required in order to achieve improved water quality, while the 
security of supply would be achieved through the installation of the already 
permitted Clear Water Tank, and the pipelines which would be undertaken 
under permitted development. The provision for increased growth would be 
addressed by the groundwater abstraction associated with the proposed new 
boreholes, brought about through this application 

8. In terms of the specific requirement for the groundwater abstraction 
boreholes, the applicant refers to a requirement to ensure a suitable long 
term source of raw water supply. The existing supply used by Scottish Water 
is Loch Einich, utilised since 1972, which however does not satisfy the 
requirements of the Water Framework Directive for the immediate to long 
term and as a consequence a new source requires to be identified and 
developed. The lack of reservoir level control capability, physical restrictions 
related to the existing intake works and the poor condition of the water 
main have had a direct impact on the quantity of water that can be extracted 
from the loch, with frequent operational problems and limited future 
capacity. An extant planning permission (granted 2005) to upgrade the water 


PAGE 6

supply pipe from Loch Einich to Blackpark Water Treatment Works has not 
been implemented in favour of this alternative, more sustainable solution. A 
number of potential sites were evaluated for potential groundwater 
abstraction points in the Upper Spey Valley, a Best Practicable Environmental 
Option (BPEO) assessment identified the Kinakyle site as the preferred 
option. An Environmental Statement, required following a screening opinion 
issued by Highland Council on 20th June 2008 determining that it would fall 
within Environmental Impact Assessment Development Schedule 
thresholds, has been submitted related to this application, it assessed that the 
impact of the abstraction on the River Spey is considered to be negligible, 
whilst there would be an environmental benefit to Loch Einich as flows and 
regimes would be returned to their natural state as the existing supply at 
Loch Einich would no longer be required. The applicant highlights that the 
proposal would ensure water quality and quantity to all the Strathspey 
communities. 

DEVELOPMENT PLAN CONTEXT 

9. Section 25 of the Town and Country Planning (Scotland) Act 1997, reaffirmed 
by the Planning etc (Scotland) Act 2006, requires that planning applications 
are determined in accordance with the Development Plan unless material 
considerations indicate otherwise. The Development Plan covering the 
application site comprises the Highland Structure Plan 2001 and the 
Badenoch and Strathspey Local Plan 1997. 

National Planning Policy 

10. Scottish Planning Policy (2008) provides the national context for 
decision making and sets out the key priorities for the planning system. The 
primary objectives are; to set the land use framework for promoting 
sustainable economic development; to encourage and support regeneration; 
and to maintain and enhance the quality of the natural heritage and built 
environment. 

Highland Structure Plan 2001 

11. In the Highland Structure Plan 2001, sustainable objectives include 
maximising, the effectiveness and efficiency of infrastructure provision; 
standards of health for all; and the quality of air, water and land. 

Policy G2 (Design for Sustainability) states that developments will be 
assessed on the extent to which they, amongst other things, are compatible 
with service provision; contribute to the social and economic development of 
the community; impact on resources such as habitats, species, landscape and 
freshwater systems and contribute to sensitive siting and high quality design 
in keeping with local character and the historic and natural environment; 

Policy L4 (Landscape Character) seeks to maintain and enhance present 
landscape character. In principle, the structure plan highlights the importance 
of a satisfactory infrastructure system to promote economic development. 


PAGE 7

Policy U3 (Water Supplies) provides general support for proposals which 
seek to safeguard water resources in terms of volume and quality of water. 

Badenoch and Strathspey Local Plan 1997 

12. The Badenoch and Strathspey Local Plan 1997 includes in its strategic 
objectives the need to continue to upgrade and extend essential 
infrastructure networks; promote the sustainable use of the area’s resources; 
and accommodate the projected further population growth. 

6.5.3 Village Edges the amenity and heritage areas will be safeguarded 
including buffer corridors extending alongside the B9152 approaches as far as 
the A9 junctions. 

Cairngorms National Park Plan 2007 

13. Strategic objectives for the Landscape, Built, and Historic Environment 
include maintaining and enhancing the distinctive landscapes across the Park 
and ensuring that development complements and enhances the landscape 
character of the Park. Amongst the strategic objectives for Sustainable 
Use of Resources is a requirement that all management and development in 
the Park should seek to make the most sustainable use of natural resources, 
including water and energy. 


CONSULTATIONS 

14. SEPA initially objected to the proposal on flood risk grounds. However, 
following the provision of additional information SEPA withdrew its 
objection in a response dated 28 April 2009. The objection was removed 
subject to a condition being included in any grant of planning permission 
requiring that the compensatory flood storage scheme (as per Drawing No. 
5000349254-WR-DRA-04001531-01, dated 07 September 2009) is 
implemented prior to the commencement of development of the proposed 
works. 

15. Transport, Environment and Community (TEC) Services section of 
Highland Council confirm they have no objection provided the development 
would not increase flood risk. 

16. Aviemore and Vicinity Community Council – returned no comment 
regarding this application. 

17. Network Rail raises no objection to the proposal, although a number of 
issues have been raised. They express some concern that the proposed 
landscaping scheme could potentially interfere with visibility at the level 
crossing and has requested that it be consulted further on any agreed 
management plan and specified planting scheme for the rail boundary, 
requesting that it complies with the below minimum distance requirement. 
On this latter point, Network Rail suggests that the height restrictions be 
conditioned as part of any grant of approval. 


PAGE 8

18. It is noted that the upgraded access road and construction works on the site 
would alter the ground levels adjacent to the railway and would therefore 
affect the drainage of the area. It is suggested that the developer be required 
to provide details of all proposed drainage arrangements for the site, to 
ensure that all surface or foul water arising from the development is collected 
and diverted away from Network Rail property. The submission from 
Network Rail also states that the access track surfacing up to and potentially 
beyond the level crossing must be undertaken in agreement with Network 
Rail, as well as the use of the level crossing for access requiring to be 
regulated by agreement. 

19. Scottish Natural Heritage highlight at the outset of the consultation 
response that the advice is given in accordance with the casework agreement 
which exists between SNH and the CNPA. SNH have therefore limited 
their consideration to the implications for the interests of European 
designated sites or species, and other designated sites, and makes no 
comment on landscape, public access and other natural heritage interests. 

20. SNH has considered the Environmental Statement (ES) as part of the 
application. SNH agree with the conclusions reached and has no objection to 
the proposal subject to a number of suspensive conditions. SNH consider 
that the proposal may likely have a significant effect on the qualifying interests 
of the site through changes in the water flow regime and sediment 
distribution in the vicinity of the abstraction. 

21. In terms of European Interests, it is noted that the proposed site lies close to 
the River Spey Special Area of Conservation (SAC), which is designated for 
its population of Atlantic salmon, sea lamprey, otter and freshwater pearl 
mussel. It is required that the CNPA undertake an Appropriate Assessment 
of the implications for the site in view of the conservation objectives for its 
qualifying objectives. The assessment should consider the impact of changes 
in water levels, flows and the integrity of habitats for salmon, sea lamprey, 
freshwater pearl and otter. 

22. Comment is also offered in the consultation response on National Interests. 
The main stem of the River Spey is also a Site of Special Scientific Interest, 
which is designated for the same four species as the SAC. Given that the 
interests of the SSSI are the same as the SAC, it is not necessary to consider 
the SSSI further. 

23. SNH conclude that indirect impacts could arise in the lowering of the water 
table and silt/sedimentation entering the river during construction and could 
impact on the species of interest, however they do not foresee this proposal 
having any direct impact on the features of interest in the SAC. In particular 
the ES predicts very small reductions in flow level (ie 7mm for approximately 
1km of river between of the boreholes and the confluence of the River Spey 
with the River Druie. SNH therefore do not consider that the proposal will 
adversely affect the conservation objectives of the designated site. 


PAGE 9

24. CNPA’s Visitor Services and Recreation Group has no objection to the 
application, which considered the proposal from the perspective of access, 
but asks for the prospective line of the Speyside Way to be safeguarded. 

25. Spey Fishery Board formally objects to the proposal. It is noted at the 
outset of the consultation response that this current application is one of 
several that collectively form plans to replace Badenoch and Strathspey’s 
existing water supply from Loch Einich with a new borehole supply adjacent 
to the River Spey. The consultation response describes the Spey Fishery 
Board as a Statutory Body (for clarification: they are not a statutory body 
under the terms of the Town and Country Planning Act) charged with the 
conservation, protection and enhancement of Atlantic salmon and sea trout 
in the River Spey catchment. It also notes that the River Spey is a Special 
Area of Conservation and is a Site of Special Scientific Interest. Spey 
Fishery Board remain concerned that the overall introduction of boreholes 
adjacent to the River Spey could place unacceptable negative impacts on the 
protected species and habitats within the SAC and SSSI. Concern is also 
expressed that this current proposal “may be considered in isolation, rather 
than in conjunction with the cumulative effects of the other applications that 
will collectively make up Scottish Water’s proposal.” The cumulative impact 
of the overall project as a whole is considered significant and it is described 
as being “potentially dangerous to allow such a proposal to progress on a 
piece-meal basis.” 

26. The CNPA’s Heritage and Land Management Group have prepared an 
Appropriate Assessment has been prepared by The response considers the 
impacts of the proposed development on the conservation objectives for 
qualifying interests of the SAC; including Otter, Atlantic Salmon, Freshwater 
pearl mussels and Sea Lamprey. HLM have no objection but suggest 
appropriate conditions for pollution and sedimentation prevention during 
construction and operation including construction method statements and 
species monitoring regimes. It highlights that the ES specifically states a 
reduction of 7mm difference to existing water levels, this reduction would 
affect 1km downstream. The instream river features will be retained, 
referring directly to SEPA’s Hydrological Assessment of the water abstraction 
which concluded that ‘the impact of the PWS abstraction in terms of both 
flow and level will have little impact on the hydrological characteristics of the 
River Spey,’ and that ‘the ecological status of the impacted waterbody will 
remain at moderate.’ 

27. The assessment has concluded that it is unlikely that the development would 
have a significant effect on the otter population, with no otter activity 
identified nearby to the borehole locations. 

28. The proposal may impact on Atlantic salmon by reducing the water level and 
altering the habitat available in the river, the ES states very low levels of good 
quality habitat currently exist around the Kinkyle area. It goes on to make 
specific mention of the concerns of the Spey Fisheries Board mirroring 
the assessment of both SEPA and SNH that the ‘integrity of the salmon 


PAGE 10

population of the River Spey will not be affected.’ It concludes that there will 
be no significant effect on Atlantic salmon. 

29. The assessment further evaluates the impact on freshwater peal mussels and 
sea lamprey, concluding that the change in water levels would not have a 
significant on either resource within the River. The ecological status of the 
River will remain unchanged. 


REPRESENTATIONS 

30. The applicants undertook an extensive public consultation exercise including 
regulatory bodies, planning authorities and other statutory/non-statutory 
consultees. Alongside this a wider community consultation programme was 
established with community councils and an issue of some 6,600 postcards 
and open days. A number press releases and a public meeting were also 
undertaken. 

31. No representations have been received in respect of the planning application 
for the development proposal. 


APPRAISAL 

32. In determining this planning application regard is to be had to the 
development plan and the determination shall be made in accordance with 
the plan unless material considerations indicate otherwise. 

Principle and Interdependence of Development 

33. The development of the boreholes for extraction of groundwater from the 
River Spey represents a component of a major infrastructure project to 
upgrade the supply of public water for the Badenoch and Strathspey area of 
the Park. The drivers for the project relate to improving the quality, quantity 
and security of the supply which at present comes from Loch Einich. While 
planning permission was granted in 2005 for the upgrade of the raw water 
supply pipeline from Loch Einich to the existing treatment works at 
Blackpark, this has not been implemented. Scottish Water considered that a 
more sustainable raw water supply should and could be sought to provide an 
alternative supply or to augment the existing supply. The result of this is to 
deliver a fully integrated scheme within the investment period from 20062010. 
This has resulted in the proposal for the 4 components – the clear 
water tank (already permitted), new pipeline (permitted development) and 
the (recently approved) Water Treatment Works. This planning application 
is for the proposed boreholes (CNPA planning ref. no. 08/400/CP) to 
establish a new raw water source. 

34. The proposed boreholes are a component of the Scottish Water proposals 
for the overall Badenoch and Strathspey Water Supply and Treatment 
Project, Scottish Water highlight that they would require to upgrade the 
treatment of water abstracted from Loch Einich by replacing the existing 
infrastructure if permission for this application were to be refused. It is clear 


PAGE 11

within their supporting statement that a new raw water source needs to be 
identified and developed. Scottish Water have carried out a detailed 
assessment of alternative raw water sources and have selected the option of 
abstraction of groundwater from the River Spey by way of Boreholes. 
Further background is set out within paragraphs 6 & 7 of this report. 

35. While it is Scottish Water’s preference to construct all four components of 
the overall project simultaneously, should one or more of the discrete 
components be delayed or refused for any reason, it remains the intention to 
progress the project, in principle and with whatever components are 
approved by the CNPA. In the event of the proposed boreholes being 
rejected at the planning permission stage, Scottish Water would revert to 
earlier plans to pursue the upgrading of the treatment of the raw water 
extracted from Loch Einich, and the proposed Water Treatment Works 
would continue to be required as part of that overall project. The 
interrelationship of the various components of the overall project, as well as 
their independence as single entities has been detailed in a briefing note 
prepared by Scottish Water (appendix 1). The CNPA have given full 
consideration to each of the individual components on their individual 
respective merits, however realising that they are all inter-related by virtue of 
being part of the same infrastructure project, significant cognisance of all 
three applications has been at the forefront of our assessment of this 
application, and the previously determined and approved applications, as 
detailed in paragraph 1. 

36. In terms of the principle of the development, there is general support in 
planning policy contained within the Development Plan, for improving the 
security, quality and quantity of the public water infrastructure in this part of 
the Park. The proposed boreholes would assist in improving the supply for 
existing users but also allow for the sustainable growth of not only the 
Aviemore catchment but the whole Badenoch and Strathspey area of the 
Park. 

Natural Heritage, Landscape Impacts and Design Issues 

37. The Environmental Statement submitted with this planning application has 
assessed the potential impacts during construction and operational stages, it 
considered that a number of short-term impacts would take place during 
construction, however these would be minimised by appropriate mitigation 
measures, while in the longer term any impacts would be of a moderately low 
or negligible nature. None of the environmental impacts were assessed as 
being significant. The primary concern identified during the scoping stage was 
that operation of the boreholes may adversely effect the hydrological 
environment resulting in a reduction in water flow. The Statement concludes 
that the reduction in flow (and thus level) in the River Spey would be 
negligible and studies showed a reduction of approximately 0.6% or 7mm of 
the river depth along a short stretch of the river upstream of its confluence 
with the River Druie. The flow entering the Spey downstream of the site will 
increase due to the decommissioning of the abstraction from Loch Einich. 


PAGE 12

38. The proposed boreholes would be located within 100m of the River Spey and 
its banks, which are designated as an SAC and a SSSI, the impacts on which 
are the main determinants of this application and to what extent these 
impacts, if any, may have on these designations including the qualifying species 
and other conservation objectives; including Otter, Atlantic Salmon, 
Freshwater pearl mussels and Sea Lamprey. The proposed extraction will 
affect approximately 1km downstream of the Kinakyle abstraction site to the 
confluence with the River Druie, where the abandonment of the current 
water abstraction site at Loch Einich will release 7.10 million litres per day 
back into the River Spey. SEPA’s Hydrological Assessment of the water 
abstraction (2009) states the reduction in flow is assessed to reduce the 
water level by less than 7mm from the low flow of the river flow regime, 
thus, the instream features of the river system will be maintained. The 
assessment concludes that the “the impact of the proposed abstraction in 
terms of both flow and level will have little impact on the hydrological 
characteristics of the River Spey” and that the “ecological status of the 
impacted waterbody will remain at moderate”. SNH do not consider that the 
proposal will adversely affect the conservation objectives of the designated 
site. SEPA and HLM also accept the findings of the Environmental Statement 
and have no objections. 

39. The ES highlights other issues such as the risk of pollution by increased 
sedimentation or the release of chemical pollutants, however it is identified 
that appropriate mitigation measures and monitoring regimes put in place 
should reduce this risk. It also goes on to recognise that the River Spey as 
having a strong fisheries interest and which is known to support migratory 
fish, it recommends measures to be put in place to minimise potential impacts 
on these interests. 

40. Due to the location of the subject site nearby to one of the main approaches 
into Aviemore – alongside the B9152, the A9(T) and the railway line, which is 
low-lying, together with its relative openness, and containing significant views 
to the Cairngorms mountain massif the site is considered to be of a sensitive 
nature. In order to provide suitable mitigation, the design of the housing for 
the borehole wellheads equipment has been amended from a standard utility 
kiosk to place the structure underground in a more sympathetic and sensitive 
manner. This combined with appropriate landscaping is proposed around the 
boreholes. It is considered that the proposed development works associated 
with the boreholes would maintain the existing landscape quality. The 
amended proposals would ensure the scheme would be accommodated with 
no significant landscape and visual impact. The site is not the subject of any 
further natural heritage designations. 

41. Members may be aware of concerns raised by the Spey Fishery Board in 
relation to the various applications, and again in the course of this proposal 
(as detailed in paragraph 25), where it is their view that the project should be 
seen as a whole. The Spey Fishery Board are particularly concerned over 
the borehole abstraction proposals and the potential impact on the Spey, and 
are concerned that consideration of other elements in isolation, may 
prejudice the outcome of other applications. However, having regard to the 


PAGE 13

details provided in the briefing paper and clarification of the fact that the 
proposed boreholes are necessary regardless of whether or not the other of 
the progression of the other components, I am satisfied that the current 
proposals has a sufficient degree of independence and should be considered 
on its merits and that the outcome of the determination would not prejudice 
the determination of any other applications by Scottish Water. The CNPA 
has had due regard to the three inter-related components viewing the 
applications with a level of cross-reference and recognition of the linkages 
between them. The Spey Fishery Board has been informed of the content 
of the Environmental Statement, the Appropriate Assessment and the 
consultation responses of SEPA, SNH and Heritage Land Management. They 
have provided further comment on information submitted and continue to 
raise question on the cumulative impact of this and other developments. It 
calls on the CNPA to investigate these prior to considering this application. 
The objection is considered to have been addressed insofar as the CNPA 
have consulted with SEPA and SNH at length, both have outlined that they 
have no outstanding concerns or objections. 

Conclusion 

42. The development of the boreholes forms part of a larger scheme for the 
upgrade of the Badenoch and Strathspey water supply, it has also been 
demonstrated that it is necessary. There are no significant impacts on natural 
heritage. Various measures would ensure that any natural or cultural 
heritage and landscape impacts are minimised. The development proposal is 
supported by planning policy. 


IMPLICATIONS FOR THE AIMS OF THE PARK 

Conserve and Enhance the Natural and Cultural Heritage of the Area 

The development is not considered to have adverse implications for this aim, as the 
proposals include mitigation measures that would minimise landscape impact, 
thereby assisting in conserving and enhancing the natural and cultural heritage of the 
area. 

Promote Sustainable Use of Natural Resources 

The development will assist in providing an improved quality and a more sustainable 
provision of, water supply to serve the Badenoch and Strathspey area of the National 
Park. 

Promote Understanding and Enjoyment 

The development would allow for the formation of a section of access track which 
has been identified as suitable for integration into the proposed Speyside Way long 
distance route extension, therefore it would contribute to improved accessibility and 
interconnection between the area’s communities. 


PAGE 14

Promote Sustainable Economic and Social Development 

The development, as part of a larger scheme, but also as an independent project, will 
improve the quality of treated public water for a significant part of the Park. In this 
respect, it would assist in facilitating growth and improving general life standards. 
The development is therefore considered to be positive for this aim. 

RECOMMENDATION 

That Members of the Committee agree a recommendation to grant full 
planning permission subject to the following conditions: 

1. The development to which this permission relates must be begun within five 
years from the date of this permission. 
Reason: To comply with Section 58 of the Town and Country (Scotland) 
Planning Act 1997. 

2. No development shall commence until such time as the compensatory floor 
storage scheme (as per Drawing No. 5000349254-WR-DRA-04001531-01, 
dated 07.09. 2009) has been implemented. 

Reason: To ensure adequate flood storage capacity within the functional flood 
plain and to reduce the risk of flooding. 

3. Prior to the commencement of development and not withstanding any 
submitted soft and hard landscaping plans, revised landscaping proposals plans 
shall be submitted for the agreement of the Cairngorms National Park 
Authority (CNPA) acting as Planning Authority specifying the location, 
position and size of earth mounds and bunds around the boreholes and 
include provision for the planting of juniper and other species as appropriate. 
The surfacing finishes to the compound hard standings shall be agreed with 
the CNPA acting as Planning Authority. Where any trees or shrubs are to be 
planted adjacent to the railway boundary they shall be positioned at a 
minimum distance from the boundary which is greater than their predicted 
mature height. A maintenance programme shall also be submitted in 
conjunction with the revised landscaping plan and any planting which are 
destroyed, die or are diseased within five years of implementation, shall be 
replaced with similar specimens. The landscaping shall be carried out in 
accordance with the agreed plan and shall be completed within one year of 
the commencement of works. 

Reason: To ensure the implementation of a satisfactory scheme of 
landscaping which will mitigate the impact of the development and enhance 
the landscape in the vicinity. This condition takes account of railway safety. 

4. Prior to the commencement of any works, details of the Surface Water 
drainage solutions for the development shall be submitted to and agreed in 
writing with the CNPA acting as Planning Authority, in consultation with 
Network Rail. 


PAGE 15

Reason: To ensure the site is adequately drained to meet Best Management 
Practice and to prevent water affecting drainage of the level crossing. 

5. Prior to the commencement of development a construction method 
statement and detailed proposals for the siting of any temporary construction 
compound, discharge points for pumping tests and detailed management of 
runoff from construction measures shall be submitted to and agreed by the 
CNPA acting as Planning Authority. Any construction and operation of the 
site shall adhere to SEPA’s pollution prevention guidelines PPG’s 05-06 and to 
take place in accordance with approved measures. 

Reason: This is to maintain the visual quality of the area and in order to 
prevent potential water pollution. 

6. Prior to the commencement of development a pre-construction otter survey, 
undertaken within one month of any works shall be submitted to the CNPA 
acting as Planning Authority. Any excavations shall be covered at night or 
fenced to exclude otters. If any change in the way otters use the site is 
recorded suitable mitigation measures shall be identified and implemented, to 
the satisfaction of the CNPA as Planning Authority. 

Reason: In order to protect otter populations which are a protected species. 

7. Prior to the boreholes coming into use, the covers of the borehole wellheads 
shall be finished in a colour to reduce visual impact (as per Drawing No. 
5000349256-WR-DRA-04000712-04, dated 05.09. 2009) all to be agreed 
beforehand with the CNPA acting as Planning Authority. 

8. The population of Atlantic salmon and sea lamprey shall be monitored during 
the construction period and the initial operation of the scheme for an agreed 
period after the scheme is operational and all in accordance with a scheme to 
be submitted to and agreed by the CNPA acting as Planning Authority before 
development commences. 

Reason: In order to protect Atlantic Salmon and sea lamprey populations 
which are protected species. 

9. The section of the proposed access track identified on the attached plan, 
which offers the opportunity for the extended Speyside Way, shall be 
safeguarded to ensure that the route remains feasible. Notwithstanding any 
submitted drawings, revised proposals showing the section of track identified 
and the finished surface and method of construction shall be submitted to and 
agreed by the CNPA acting as the planning authority before development 
commences. 

Reason: In order to promote and safeguard the interests of the proposed 
Speyside Way extension and to ensure that the surface is suitable for use. 


PAGE 16

10. Within three months of the borehole abstraction equipment hereby 
approved becoming operational, water abstraction from Loch Einich shall be 
abandoned in accordance with all necessary statutory requirements. 

Reason: In order to ensure the proper and managed discontinuance of the 
existing water intake and equipment at Loch Einich in the interests of the 
natural heritage of the area. 

11. In the event that the boreholes are no longer required for the provision of 
public water supply, and within a period of six months from the cessation of 
operations at the site, the ground shall have been reinstated including the 
wellheads and associated compounds and areas of redundant access track as 
required, to a condition acceptable to the CNPA acting as Planning Authority 
and in accordance with a scheme of decommissioning to be submitted to and 
agreed by the CNPA beforehand. 

Reason: In order to ensure the remediation of the site in the event of any 
decommissioning of the boreholes and in the interests of conserving and 
enhancing the natural heritage of the area. 

Advice Notes: 

(a) In the event that evidence of breeding by otters is found near the boreholes 
site, a licence is likely to be required, under the terms of The Conservation 
(Natural Habitats, &c.) Amendment (Scotland) Regulations 2007. SNH would 
recommend that no night working or lighting of the work area at night should 
take place. 

(b) The access track surfacing around the level crossing shall be undertaken in 
agreement with Network Rail. The integrity of the nearby culvert, some 130 
yards north of the crossing should be ensured. 


Robert Grant 
08 September 2009 

planning@cairngorms.co.uk