Ardlethen Planning Appeal

A Planning Application has been made by Grampian Building Contractors regarding an 8 acre site adjacent to the ADAA Fishing at Ardlethen The ADAA Committee are very concerned with this proposal and have therefore made representations to Aberdeenshire regarding the application a copy of these representations can be read below together with associated photographs

Here is a link to the Aberdeenshire's Planning Application page where you can view all the papers to date associated with this and also a draft letter of appeal which, if you are concerned about the implications of this application, can be used to be printed off (pdf) and sent to the Council voicing your concern. There is still time to object since the notification was not sent out to us, until 14th May 2008.

We will keep you advised on this matter as it progresses.

ABERDEEN & DISTRICT ANGLING

ASSOCIATION

22^th May 2008

To Aberdeenshire Council
Planning and Environmental Services
45 Bridge Street
Ellon
AB41 9AA

Dear Ms S Galloway. (Case Officer.)

Ardlethen Quarry, Ellon. AB41 8PF

Full Planning Application for Formation of Storage Yard – Ref. APP/2008/0818

On behalf of the Aberdeen and District Angling Association (current membership 967) I wish to object to this planning application on the following basis.

Flooding Liability, Drainage and Pollution.

Flooding Liability.

Examination of the SEPA “Indicative River and Coastal Flood Map (Scotland)” clearly shows that around 40% of the proposed site, as it exists at present, is at risk of flooding from the river.
“Google Earth” maps also show that the 40% mentioned above, is at an elevation of between 9 and 10 metres, the lowest part of the river valley for hundreds of metres, both up and downstream.

It is clear to us that if the lower part of the proposed site is to be developed, the yard will require a higher surface level than that of the existing ground. If this is implemented, a partial barrier will be created across the flood plain. In times of flood, the water will be diverted to the east, over our riverbanks, have a higher velocity than at present, and is likely to cause damage to our property.
This barrier will, of course, increase the flood risk both upstream, and on the opposite side of the river.

Drainage.

It is stated that drainage is to be by soakaway, however the lower part of the site is generally sodden for 6-7 months of the year, it is difficult to see how a soakaway system can be effective.
Surface water could perhaps be pumped to a higher level, however electrical supplies, pumps, emergency generators can fail, and silt filters can become blocked.

Pollution.

We have significant concerns regarding the possibility of pollution from the site.

Given the nature of the site and the size of “cut and fill” operation required, the likelihood of silt pollution carried by heavy rainfall or flooding. reaching the river during the construction phase must be very high. (Our association, in 2007, has already experienced this problem. (See “Concerns Regarding Grampian Building Contractors Ltd.”)
Following construction we have concerns regarding silt pollution reaching the river due to the possible inability of the drainage system to deal with the huge amount of surface water gathered by a site of this size.
Possible pollution from materials stored on site. (No details are given on the planning application.)
We have heard it suggested that the area might be used to store recycled timber. If this is the case, and the surface level of the yard is below likely flood levels, how is this material to be prevented, in the event of serious flood conditions, from floating off causing damage and / or exacerbating flood problems downstream?

Effects on the Landscape and Character of the Area

Due to the increasing number of developments, mainly by Grampian Building Contractors Ltd, the whole area is now an eyesore and scar on the landscape, clearly visible from the north and east, with huge mounds of not only sand and gravel, but other more visually obtrusive materials.

No details have been provided regarding the appearance of the yard, however given the 10 metre or so level difference between the top and bottom, can we expect the storage areas to be terraced, separated with rock or gravel covered slopes between them?

Our view is that to destroy the visual appearance and character this part of the valley, one of the few remaining attractive parts of the Ardlethen site, is unacceptable – a clear case of over development.
The project will require the destruction of hundreds, perhaps thousands of trees that have only been planted in recent years. (If we understand it correctly, with the assistance of grant aid from the public purse.)
We attach a series of 11 photographs taken on 18^th May 2008, that we believe supports the comments given above.

Nature Conservation.

The section of river valley that contains the proposed site is relatively quiet, secluded, and generally, apart from September and October, little visited by our anglers.

The area is rich with wildlife, including roe deer, otters, stoats, weasels, rabbits, herons, various species of duck, snipe, barn owls, etc

We consider that the constant intrusion and noise associated with the proposed storage yard (that will be around 20 metres of the river’s edge, and operating 6 days / week, year round) will have a detrimental effect on the wildlife.

As anglers, we are particularly concerned with water pollution of any sort. Silt pollution is probably the greatest problem for fish reproduction in the Ythan, once in the river; silt is almost impossible to remove.

Silt binds together, and / or chokes the gravel and stones that salmon, sea trout and brown trout require for spawning, such that they cannot cut redds, or that ova cannot survive.

Concerns Regarding Grampian Building Contractors Ltd.

We have to express the view, given our experience with the applicants, over the last 12 months, that we have no confidence they will behave responsibly during the construction phase of this project, should it be approved.

I refer to the actions of the applicants regarding the installation of “Ardlethen Fishery. Bund on the North Side of the Loch”. (Planning Application 99/8308/01)

A set of notes and photographs regarding this latter matter is enclosed.

Due to our valid objections, I urge you to reject this inappropriate planning application.

Yours sincerely.

Robert A. Dey.
President. Aberdeen and District Angling Association.

Photos

Ardlethen. GBCL view from the North. 1. Sunday 16^th May 2008.

Ardlethen. GBCL view from the North. 2. Sunday 16^th May 2008.

Ardlethen. GBCL view from the North. 3. Sunday 16^th May 2008.

Ardlethen. GBCL view from the North. 4. Sunday 16^th May 2008.
11.38am. Lorry, tipping. (We wonder if this would be breaking the conditions
of planning consent?)

Ardlethen. GBCL view from the East. 1. Sunday 16^th May 2008.Proposed yard
and contents will be visible from the public highway!

Ardlethen. GBCL view from the East. 2. Sunday 16^th May 2008.

Site of proposed yard, looking from the North. Sunday 18^th May 2008.

Site of proposed yard, looking from the East. Sunday 18^th May 2008.

Site of proposed yard, looking from the South. 1. Sunday 18^th May 2008.

Site of proposed yard, looking from the South. 2. Sunday 18^th May 2008.

Northeast corner of the yard site. Sunday 18^th May 2008.Orange line shows
the approximate location.

The following is a note of a meeting held regarding the Bund on the north side of the Loch with accompanying photos:

Ardlethen Fishery, Bund on the North Side of the Loch:- Notes. (Updated 18th May 2008)

Parties.

Grampian Building Contractors Ltd: - GBCL.

Aberdeen and District Angling Association: - ADAA.

Ythan District Salmon Fishery Board: - YDSFB.

Scottish Environment Protection Agency: - SEPA.

11th May 2007. The ADAA received information that work was being carried out on their (south) riverbank of the Ythan at Ardlethen, adjacent to the old Ythan Valley Fishery loch.

11th May 2007. The ADAA Ythan Convener visited the site and found extensive excavations were being carried out by GBCL and that some 50 metres of riverbank owned by the ADAA had been dug up without authorisation, at one point within 1 metre of the river.

Bund Photo 1, taken on Sunday 13th May 2007, shows the affected part of the ADAA bank rebuilt by GBCL (but not re seeded).

ADAA letter (dated 11th May 2007) hand delivered to GBCL on Monday 14th May 2007 insisting that the ADAA riverbank be reinstated and re-seeded without delay, and that the proposed bund be positioned as shown on the planning drawings, also asking for a response (By this time it had been established that planning consent had been granted to Colin Dalgarno, the previous owner of the site, in 2003, although he had failed to notify the then owners of the riverbank, of the planning application.)

The ADAA received information that GBCL had started the project in breach of the requirements of the Water Environment (Controlled Activities) (Scotland) Regulations 2005; SEPA stopped the project until a detailed method statement regarding the construction of the bund was received.

The ADAA wrote to the YDSFB on 8th June 2007 expressing concern that in the event of a flood many tons of topsoil lying on the site could enter the river, damaging not only the ADAA beat, but also all others below Ardlethen.

In mid June 2007 the YDSFB wrote to GBCL and SEPA expressing the Board’s similar concerns. By early July 2007, the ADAA had received no acknowledgement or reply to their letter of 11th May, and as a result, their solicitor sent a second letter dated 5th July by recorded delivery – this letter also expressed the larger concerns regarding soil / silt pollution for the river as a whole.

6th August 2007. First significant flood since May 2007 overflows the riverbank and washes through the excavations.

Bund Photos 2 and 3 – some silt probably washed into the river. 8th August 2007.

Bund Photo 4 shows large heaps of soil and gravel on the riverbank just downstream of the lower loch. (During November 2007, this was reshaped and partially moved upstream to form into what looked like a roadway.)

10th September 2007. ADAA received information that GBCL had advised SEPA, verbally, that they no longer intended to proceed with the bund, and that they would take steps as yet unspecified within the following two weeks, to make good the ground: – No work commenced until November 2007!

Due to the extremely rainy period in November it is understood that SEPA instructed GBCL to cease work until conditions improved.

22nd November 2007. Second large flood since May 2007 overflows the riverbank floods the whole valley including both lochs – water pouring from the lower loch, through the new works into the river. See Bund Photos 5 to 9.

Following the floods of late November 2007 and the concerns expressed regarding possible damage to riverbanks and ingress of silt from the works carried out by GBCL, the ADAA Ythan Convener, President and Webmaster carried site inspections on 14th and 19th December 2007, and reported as follows.

The banks are in good condition; there is little sign that the works have caused any permanent damage to date. Regarding silt pollution from the works, only small amounts of silt appear to have entered the river (at points 1 and 2 on the attached plan) from the area north of the large loch (more by good luck than good management.) Just south and east of the small loch the flooding that passed through the large loch and the small loch has swept through a mound of earth and stones and deposited a minimum of 15 cubic metres of silt (may be greater) into the river at point 3 on the attached plan. (The work carried out in this area was not shown on the planning drawings.) There are signs of silt deposits on the riverbank from this point, some 180 metres downstream, as far as the “Pout Pot”.

It is not possible to quantify what damage has been done to spawning facilities for migratory fish, but there is absolutely no doubt that a significant quantity of silt has entered the river – this must not happen again!

18th January 2008. ADAA Ythan Convener, Clerk to the YDSFB met SEPA representatives on site to inspect the damage and to discuss the problem. Subsequent verbal report from SEPA advised that GBCL had agreed to carry out the remainder of the reinstatement work and re-seed the area, as soon as possible.

18th May 2008. No remedial work has been carried out since November 2007 by GBCL to resolve the outstanding matters. Bund Photos 10 and 11

GBCL have neither acknowledged, nor responded to any of the letters sent to them by the ADAA or the YDSFB during the past 12 months!