WARNING - By their nature, text files cannot include scanned images and tables. The process of converting documents to text only, can cause formatting changes and misinterpretation of the contents can sometimes result. Wherever possible you should refer to the pdf version of this document. CAIRNGORMS NATIONAL PARK AUTHORITY Title: REPORT ON CALLED-IN PLANNING APPLICATION Prepared by: MARY GRIER, PLANNING OFFICER (DEVELOPMENT CONTROL) DEVELOPMENT PROPOSED: THREE TEMPORARY ACCOMMODATION UNITS FOR SPECIALIST FOOTPATH CONSTRUCTION CONTRACTOR AT REMOTE SITE AT UPPER GLEN DERRY, MAR LODGE ESTATE. REFERENCE: 06/165/CP APPLICANT: NATIONAL TRUST FOR SCOTLAND, THE RANGER’S OFFICE, MAR LODGE ESTATE, BRAEMAR. DATE CALLED-IN: 19TH MAY 2006 Fig. 1 - Map showing the location of Upper Glen Derry. (not available in text format) SITE DESCRIPTION AND PROPOSAL 1. The proposal is for the temporary siting of three accommodation units that will be used to house a work party employed to carry out footpath repair work at Glen Derry (Lairig an Laoigh), in the valley bottom close to the Derry Burn, between Derry Cairngorm and Craig Derry. The path activity is part of a continuing programme of work on Mar Lodge Estate. The system of temporary accommodation units has been used during the carrying out of similar footpath repair works on the estate over the past five years, with locations including Loch Etchachan, Sron Riach and on the Lairig Ghru. The work party that it is proposed to accommodate will be employed to continue path works initially undertaken in the area in 2005, with the second phase in 2006 involving light-touch and pre-emptive path work on the upper sections of Lairig an Laoigh. It is envisaged that the units will only be in place during the period of the footpath contract which is estimated to run for a maximum of 12 weeks from an anticipated start date in mid July of this year. Supporting documentation submitted with the application details a commitment to display information notices on the cabins advising members of the public of the reasons for their presence. 2. The temporary accommodation units are proposed at the same location in which a temporary permission for the same units was sought and granted by the Cairngorms National Park Authority, acting as Planning Authority in 2005 (planning ref. no. 05/079/CP refers). The National Trust for Scotland, as applicants, estimate that all capital repair works at remote sites to which they are committed as part of the current Economic and Social Development Fund grant programme will be completed by the end of 2007. Successful completion in this area is scheduled to occur by the end of 2006, and NTS do not therefore envisage further planning applications for cabins after this year. 3. The units are proposed at a location close to a fork in the path, with the westward path leading to Loch Etchachan while the Lairig an Laoigh section of the path continues north between Creag Mhor and Bynack More before its north western descent towards Glenmore Forest. The proposed site is located within relatively close proximity to the area in which the 2006 path repair works are to be undertaken (on the aforementioned northern path). The site also has the advantage of being in close proximity to an available water supply. The applicants have engaged in on site discussions with SNH prior to the submission of this application, and it is on that basis that the proposed site was selected, having regard to suitable ground condition and vegetation. 4. The three accommodation units and all supplies will be flown into the site by helicopter, and later removed from the site in a similar manner. The units are moved in a “flat pack” form, and are assembled on site. The case for the provision of the units on site as opposed to a tented work camp, has been advanced for similar reasons to those expressed in similar previous applications. For work of the nature to be undertaken, the use of tent camps over an extended period is considered to give rise to health and safety issues, and also result in problems of waste management and an inability to dry out wet clothing. The temporary accommodation units by contrast create a more secure living environment for the duration of the work period in the interior of the Cairngorms where weather conditions can deteriorate rapidly and in addition the units also have the potential to function as a vital emergency facility for a casualty and team members in the event of an accident occurring. There will be no vehicle involvement in setting up the site, or in transporting work parties into or out from the site. A temporary permission is being sought for a part of one year only, where it is expected that the units will be on site for approximately 12 weeks from mid July until the completion of the contract. Fig. 2 : Colour photograph showing the collapsed unit, ready for helicopter up lift Fig. 3 : Colour photograph showing the unit being flown to sites in a previous season 5. The proposed accommodation system comprises of 3 bolt together units, with attendant biological composting toilet, sleeping facilities, a drying room, and power supplied by generator. Two of the units proposed each measure 16’ x 8’, and are intended to serve as kitchen / mess facilities and sleeping facilities respectively, while the third unit is smaller in size (8’x 8’) and is intended to fulfil the purposes of toilet / equipment storage / drying and washing area. Hot and cold water will be provided and grey water will be filtered, then discharged to a carefully sited soakaway nearby. 6. The units are described as the ultimate portable building and are folding rapid deployment shelter systems. The weatherproof structure is designed to go from flat pack to its rigid structure within approximately 30 minutes. Promotional information accompanying this application suggests that the ‘UBK Portable Building’ can withstand temperatures exceeding -31oC to +50oC. 7. It is proposed to position the cabins on raised legs and corner supports, in order to allow air and some light to reach the vegetation beneath. Given the possibility of high winds in the remote location in which the development is proposed, the cabins will be secured with a system of guys and anchors driven into the ground. The method statement accompanying this application indicates that “any turves cut in this deployment will be stored with roots protected and will be replaced as soon as possible after dismantling, and all anchors removed.” In addition in order to ensure the protection of vegetation on walkways between cabins, generators and soakaways, a system of tensar or wooden walkways will be deployed. The method statement also advises that routes taken by contractors between the cabins and the worksite will be varied on a daily basis to avoid excessive wear. 8. Surface water is not considered to present an issue according to the method statement, which refers to all “rainwater falling directly onto the surrounding vegetation.” In terms of dry waste it is proposed that food containers would be used to fly in non-perishable goods and one such container would be used to store all dry waste generated. All such waste would be entirely removed from the site at completion and disposed of correctly. 9. The proposed accommodation units will include two sink receptacles and the method statement anticipates that grey water generated will derive from personal use by washing from a basin, and washing up after meals. It is estimated that quantities are unlikely to exceed a maximum of 20 – 25 litres per day. Grey water will be filtered, then discharged by pipe to a carefully sited soakaway nearby, with the soakaway being positioned at least 50 metres from water sources. The soakaway would be backfilled upon completion of works and the ground restored to its original condition. 10. The method statement states that foul water and solid waste will be “contained within a biological composting toilet of approved design” enclosed within the 8” x 8” unit. Within such facilities liquids are ‘burned off’ by heated electric fans and human waste for a 5 man team would be reduced to approximately a “carrier bag of inoffensive material per week.” Power to the accommodation units would be provided by a 10kv generator, contained within its own housing and lifting cage. A backup battery system would also be available. Fig. 4 : Colour photograph showing the cabin units on a Mar Lodge Estate site in previous years 11. Supporting documentation accompanying this application details a site visit that was undertaken by Scottish Natural Heritage staff in November 2005, some months after the removal of the accommodation units that had been put in place to facilitate works during the 2005 season. The documentation recounts SNH’s confirmation that the site had been restored to its original condition following that year’s deployment. Reference is also made to the site being surveyed for the presence of otters1 by the Estate’s Ecologist. No signs of otters were found on the site at that time and it is also intended to repeat an otter survey in order to provide up to date information prior to the deployment of the proposed accommodation units. It is also stated that the units, which are the same as those used at locations on the estate in 2004 and 2005, have “undergone a complete annual overhaul, clean, repair and test.” DEVELOPMENT PLAN CONTEXT 12. The Upper Glen Derry area is covered by many designations of international, national and regional importance. The site of the proposed development is within the Cairngorms Site of Special Scientific Interest (SSSI) which is designated for its glacial and periglacial landforms, its range of montane and sub-montane plant communities (including Caledonian pine woodland, heathlands and mires) and associated birds (including dotterel, snow bunting, 1 In accordance with condition no. 2 of previous planning consents 04/077/CP at Loch Etchachan and 05/079/CP at the subject site in Upper Glen Derry, and at the suggestion of SNH representatives. ptarmigan and various raptor species). The site is also classified as part of the Cairngorms Special Protection Area (SPA), for its internationally important populations of golden eagle, dotterel, merlin, peregrine falcon, Scottish crossbill, osprey and capercaillie, and is also part of the Cairngorms Special Area of Conservation (SAC), identified for its range of habitats, including wet heath, dry heath and juniper scrub. The site is also within the Cairngorm Mountains National Scenic Area. 13. For the SAC and SPA, where an authority concludes that a development proposal unconnected with the nature conservation management of a Natura 2000 site is likely to have a significant effect on that site, it must undertake an appropriate assessment of the implications for the designated conservation interests. This is in terms of the relevant Regulations, where the Cairngorms National Park Authority (as the competent authority) has a duty to, (a) determine whether the proposal is directly connected with or necessary to site management for nature conservation; and if not, (b) determine whether the proposal is likely to have a significant effect on the site either individually or in combination with other plans or projects; and, if so, then (c) make an appropriate assessment of the implication for the site in view of the site’s conservation objectives. 14. The authority can approve the proposal only after having ascertained that it will not adversely affect the integrity of the site. Otherwise the proposal could only be approved if there are imperative reasons of overriding public interest, which can include those of a social or economic nature. 15. Within the NSA, any development should not have an adverse effect, and will only be permitted where the objectives of the designation and the overall integrity of the area will not be compromised – or any adverse effects will be clearly outweighed by social and economic benefits of national importance. This is the essence of Policy 19 in the Aberdeen and Aberdeenshire Structure Plan 2001-2016 (North East Scotland Together, NEST). 16. In the Finalised Aberdeenshire Local Plan, the main policy covering this location is Policy Env\1 (International Nature Conservation Sites) where development that would have an adverse effect on a Natura 2000 site will be refused unless the developer proves: (a) there are imperative reasons of overriding national interest, including those of a social, environmental or economic nature; (b) the objectives of the designation and overall integrity of the area will not be compromised; AND (c) there is no alternative site for the development. 17. Where development is allowed which could affect any of these designated sites, including beyond their boundaries, the developer must demonstrate that adequate measures will be taken to conserve and enhance the site’s ecological, geological and geomorphological interest. Policy Env\5 provides protection to NSAs, only permitting a new development where its scale, location or design does not detract from the quality or character of the landscape, either in part or as a whole. In all cases the highest standards of design will be required. CONSULTATIONS 18. The consultation response from Scottish Natural Heritage states at the outset that in principle it supports the work that is being carried out by the applicant at this location. However, given the need to ensure that the development does not have a significant effect on the characteristics of the designated areas, SNH consider that conditions are required. The response sets out the position of SNH as objecting to the development proposal unless it is made subject to conditions to overcome certain concerns. 19. The report highlights the various designations of international, national and regional importance - within the Cairngorms Site of Special Scientific Interest, part of the Cairngorms Mountains National Scenic Area, part of the Cair