THE HIGHLAND COUNCIL

Transcription

1 THE HIGHLAND COUNCIL CAITHNESS PLANNING, DEVELOPMENT, EUROPE AND TOURISM COMMITTEE 3 rd July 2006 Agenda Item Report No 2.7 C/P/161/06 06/00202/FULCA INSTALLATION OF SURFACE WATER DRAIN (IN RETROSPECT) AND FORMATION OF ATTENUATION BASIN AT LAND ADJACENT TO YOUNG CRESCENT, LYBSTER, CAITHNESS. Report by the Planning and Building Standards Manager (Caithness) SUMMARY Application is made to install a surface water drain (in retrospect) and to form an attenuation basin at Land to the south west of Young Crescent, Lybster. Two letters of objection from one party have been received relating to this application the grounds of which do not merit refusal of this application. Recommendation: Grant Planning Permission. 1.0 APPLICATION DETAILS 1.1 Proposal: Planning permission is sought in retrospect to install a surface water drain to drain the houses built and to be built at Young Crescent, Lybster. An amendment to the scheme has now been submitted which additionally will incorporate an attenuation basin within the drainage scheme. 1.2 Location : The application site is vacant land to the south west of Young Crescent, Lybster. 1.3 Applicant: John Gunn & Sons Ltd, Swiney, Lybster, KW3 6BT. 2.0 POLICY BACKGROUND 2.1 The site is subject to Policy 3 of the Lybster Chapter of the Caithness Local Plan which identifies the area to be suitable for development of a play area or a similar community facility. 3.0 PUBLIC PARTICIPATION 3.1 Two letters have been received from Mr Michael Spencer, 13 Portland Place, Lybster, Caithness. Mr Spencer owns Tackmore Croft, which lies to the south west of the application site and through which a surface water drainage pipe runs. The proposed surface water drainage pipe connects into that pipe. Mr Spencer is

2 concerned that whilst the land in question drains into the existing pipe the collection of the water from the hard surfaces within the Young Crescent development will lead to the water entering the system at a greater rate than it previously would and as such he is concerned that flooding could occur on his property. This view was shared by the Area Roads and Community Works Manager and the applicant was advised of the situation and has submitted plans to incorporate an attenuation basin into the scheme to limit the speed of flow of the water into the system. Mr Spencer however maintains his objection and is asking for a further pipe to be installed through his property to the seaward boundary fence of Tackmore Croft. 4.0 CONSULTATIONS 4.1 SEPA: No objections. SEPA also advises that surface water discharge is convered by the Water Environment (Controlled Activities) (Scotland Regulations 2005) and the developer will have to obtain SEPA s consent in respect of these regulations. 4.2 SCOTTISH WATER: No objections. 4.3 AREA ROADS AND COMMUNITY WORKS MANAGER: The Area Roads and Community Works Manager initially shared the concerns of the objector Mr Spencer with regard to the speed with which the run off from this development would have due to the creation of impermeable surfaces (eg. Roofs and roads etc). He therefore recommended that some form of attenuation to the drain should be incorporated in the scheme and the applicant was advised of this. Subsequently an amended design was submitted to the Council which incorporates an attenuation basin. The Area Roads and Community Works Manager is now satisfied that this attenuation scheme will mitigate any flooding problems which the housing scheme and associated drain could cause. 5.0 APPRAISAL 5.1 Planning permission for the development of housing at what is now Young Crescent was granted in accordance with The Caithness Local Plan and in the application for the houses which are now currently built the applicant indicated that both foul and surface water drainage would be taken to the existing combined foul and surface water drainage system which exists in Lybster. When consulted on that application Scottish Water did not object to the proposals. However when the houses were being built and drainage arrangements were being installed the developer applied to Scottish Water to connect the foul and surface water drainage systems for the scheme into the public sewer. Scottish Water indicated that they would not accept the surface water from the scheme. The developer thereafter built a drain to take the surface water from the site to an adjacent drain. This was done without the knowledge of the Council and the council was subsequently contacted by the objector Mr Spencer pointing out that this drain had been installed and outlining his concerns that it could lead to flooding on his land. Accordingly the developer was contacted and advised that the installation of this surface water drain was unauthorised and a planning application for the drain was subsequently submitted. On examination of the scheme the Area Roads and

3 Community Works Manager shared the views of the objector that a possibility did exist that surface water run off rates from the development could be increased as a result of the impermeable surfaces involved and the developer was therefore advised that a scheme of attenuation of the water before it connects into the system should be incorporated within the scheme. Amended plans were subsequently submitted which included such an attenuation scheme. This comprises of a basin which during large storm surges could be as much as 0.7 metres deep. For the vast majority of the time however the basin will be empty of water. However in order to ensure a degree of safety a fence will be erected around the basin. The effect of the basin is to slow down the rate of discharge of water from the housing scheme into the system and Area Roads and Community Works Manager is now satisfied that this will be effective. The objector still retains a concern that it still could cause flooding through his property and therefore wants the drain extended to discharge downstream of his property. However it is considered that this is not necessary because if the attenuation system works as it is supposed to work then flooding should not occur on his property anyway. This essentially is an engineering argument and Area Roads and Community Works Manager is satisfied that the attenuation system will work therefore this application can be regarded as acceptable in engineering terms. 5.2 With regard to the Caithness Local Plan the site is shown to be allocated for the possible development of a play area or other similar uses. The installation of this drainage pipe through the site however will not preclude that policy within the Local Plan taking place, should such a proposal ever be brought forward. 5.3 RECOMMENDATION Grant Detailed Planning Permission subject to the following condition:- 1. That the attenuation basin shown on the approved plans attached herewith shall be constructed in full within 6 months of the date of this permission and that a post and wire fence of at least 1 metre in height shall be erected and maintained thereafter in perpetuity around this attenuation basin. Reason: In order to prevent flooding of the area and in the interests of public Safety. Background Papers: 1. Application Form and plans. 2. Caithness Local Plan 3. Letter from Mr Michael Spencer, 13 Portland Place, Lybster, Caithness, KW3 6BL dated 10 th April Letter from Mr Michael Spencer, 13 Portland Place, Lybster, Caithness, KW3 6BL dated 19 th June Consultation response from SEPA dated 6 th April Memorandum from Area Roads and Community Works Manager dated 25 th April 2006.

4 7. Consultation response from Scottish Water dated 26 th April Letter from John Gunn & Sons Ltd dated 16 th May 2006 Any persons wishing to inspect the above background papers should contact Iain Ewart Signature: Designation: Area Planning and Building Standards Manager Date: 22nd June 2006 Author: Iain Ewart Tel: Ref: 06/00202/FULCA

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