Steve Rogers – Head of Planning & Building Standards Services
Kirkbank, English Street, Dumfries, DG1 2HS
Telephone (01387) 260199 - Direct Dial Fax (01387) 260188
Planning Applications Committee Report
EXTENSION TO EXISTING WATER TREATMENT WORKS INCLUDING ERECTION OF
PLANT BUILDINGS AND KIOSKS, ASSOCIATED WORKS, LANDSCAPING AND
TEMPORARY CONSTRUCTION ACCESS
AT KILLYLOUR WATER TREATMENT WORKS, SHAWHEAD, DUMFRIES
Application Type: Full Planning Permission
Applicant: Scottish Water
Ref. No.: 12/P/3/0063
Recommendation - Approve subject to conditions
Ward - Castle Douglas and Glenkens
Hierarchy Type (if applicable) - Local
Case Officer - Claire Eckstein
1
BACKGROUND
1.1 Under the Scheme of Delegation, this application requires to be considered by the
Planning Applications Committee as 6 or more objections have been received in respect of
the application and an objection has been received from Irongray Community Council, who
are a statutory consultee, and the application is recommended for approval.
1.2 The application relates to Killylour Water Treatment Works (WTW) which is adjacent to
public road (C23n) which runs from Shawhead to Glenkiln Reservoir approximately 1km
northwest of Shawhead village. The water treatment works were built more than 60 years
ago (circa 1940) and are in open countryside surrounded by agricultural land/woods. There
are two dwellinghouses (1& 2 Killylour Cottages) neighbouring the site which once formed
part of the WTW site works prior to their sale.
1.2 The proposal is for the upgrading of the existing water treatment works which draws
water from Glenkiln Reservoir, to the north-west, and serves a population of 33,000 in
Dumfries and surrounding areas.
1.3 The key works which require planning permission are:
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Membrane Plant Building (36m long by 26m wide by10m high) which will be part
blockwork walls / cladding,
Chemical Dosing Kiosk (7m long by 5m wide by 3.5m high),
Pump Kiosk (8m long by 6m wide by 3m high),
Stand-by Generator housed in acoustic enclosure (6m long by 2m wide by 2.5m high),
Sludge Dosing Kiosk 8m long by 3.5m wide by 3.5m high),
Sludge Thickner Tanks (6.8m diameter by 2.5m high),
A temporary access road is proposed during the duration of the works and
Associated engineering works to excavate the site and associated landscaping.
1.4 Other works are proposed e.g. fencing, pipe work, pumps, smaller settlement tanks
which are 'permitted development' for which Scottish Water do not require planning
permission and as such are not part of this application.
Supporting Information
1.5 The applicant provided the following information in support of their application: Supporting Statement (dated 15 February 2012)
 Bat Survey Report February 2012 (Mott McDonald) (received 5 April 2012)
 Ecology Report July 2011 (Mott MacDonald) (received 5 April 2012)
 Letters from Scottish Water dated 5 April and 4 May 2012 - responding to points raised
by representations.
 Technical Data relating to Noise dated 26 June 2012
Planning History
1.6 There is no recent planning history associated with the application site noted on Council
records.
1.7 General pre-application discussions were held with Scottish Water as part of the wider
pre-application consultation process on several sites in the area.
Environmental Impact Assessment
1.8 The proposal is not a Schedule 1 or Schedule 2 development under the Environmental
Impact Assessment (Scotland) Regulations 2011. No Environmental Impact Assessment
(EIA) is therefore required.
2
CONSULTATIONS
2.1 Irongray Community Council – Object.
25 May 2012
Representatives of Scottish Water attended the recent meeting of Irongray Community
Council on 6 June 2012 at which the proposals for a new water treatment works at Killylour
were discussed. Issues in respect of neighbour notification, landscaping and noise reduction
appear to have been adequately dealt with, however the Community Council
remains opposed to the scheme in its current form on the basis that other more preferable
sites have not been properly considered.
Irongray Community Council are unaware that any stakeholder or public engagement
formed part of the site selection and option appraisal process and also aware that the
current proposal is the least favoured option by Scottish Water themselves.
12 April 2012
(a) Lack of proposed landscaping generally for the special rural landscape and adjoining
residential properties
(b) Inadequate noise reduction measures for the proposed plant and equipment as
understand they will be running 24 hours/7 days a week.
(c) The proposed application we understand is one of several options for the proposed
upgrading works. More favourable and more economic proposals and locations have been
evaluated. These appear to have been dismissed in favour of siting the proposed buildings
and requisite plant adjacent to existing residential properties rather than a more isolated
location.
2.2 Scottish Natural Heritage - No objections.
The proposed development must be carried out strictly in accordance with Scenario 1 of
document entitled Scottish Water - Killylour Water Treatment Works, Bat Survey Report
2012.
2.3 Environmental Standards – Object unless the proposals comply with specific criteria.
Noise complaints from the residents of the existing dwelling houses in the area could be
justified under Section 79 (1) (g) of the Environmental Protection Act 1990. This Service
therefore objects to the proposal unless the following criteria are met:
Throughout the life of the development the Developer is to ensure that noise emitted
by the proposed equipment at the nearest residential property by machinery and
equipment associated with the proposal, or used as part of the development shall be
of a type, and shall be insulated (or sufficiently attenuated), installed, operated and
permanently maintained, so that the rated continuous equivalent noise level (L AeqTr)
from the development shall not exceed the ambient background noise level (L A90) at
the nearest noise sensitive properties by more than 5dB(A), or shall not exceed a
night time LAeq 5min noise emission level of 40 dB(A) as measured at the nearest noise
sensitive receptor whichever is the greater.
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At the written request of the Council as planning authority or Environmental
Standards, and, following a justified complaint relating to noise emissions arising
from the operation of the facility, the Developer shall facilitate the measurement of
the level of noise emission from the development at the property to which the
complaint relates by a suitably qualified acoustic consultant in order to determine
compliance with the above. The above is subject to the property falling within a 250
metre radius from the facility, and allows for the Water Treatment Works to be
operational during acoustic testing / measurements.
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Any report submitted in relation to the planning permission should meet the reporting
conditions specified within BS4142:1997 “Method for Rating Industrial Noise
Affecting Mixed Residential and Industrial Areas”, Section 10 (a) – (m) and should be
carried out in accordance with any other appropriate British Standard and should
additionally have regard to the World Health Organisation’s Guidelines for
Community Noise (as appropriate).
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The report should have regard to daytime peak / non peak (0700 – 2300) and nighttime periods (2300-0700). It should additionally be demonstrated in any report (via
1/3 Octave or Octave Frequency Analysis, statistical analysis and calculation) that
noise levels in bedrooms of the existing residences will not exceed NR20 at night
(with windows being open for ventilation purposes) and that for living spaces a value
of NR30 will not be exceeded during the daytime period i.e. 0700 – 2300.
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Where noise levels are found to fail recommended values, the Developer should
consider the additional acoustic design of the premises. Details of any proposed
acoustic build or proposed noise mitigation measures should be fully specified within
the report or any supporting documentation.
2.4 Flood Risk Management Team - No objections.
2.5 Scottish Environment Protection Agency - No objections.
2.6 Council Roads Officer - No objections subject to conditions.
Details for the temporary site access road should be approved prior to the commencement
of work on site.
3
REPRESENTATIONS
Objection (6):
Mr and Mrs J Powell, 1 Killylour, Shawhead, Dumfries (both individually and
via an agent)
Mr F & Mrs E Hamilton, 2 Killylour. Shawhead, Dumfries (both individually and
via agents)
Mrs Jo Hall, Inverlauren Farm House, Glen Fruin, Helensburgh
Mr Michael Kirkpatrick, Brae Lodge, Crocketford, Dumfries
Mr David L Stares, 35 Highfield Avenue, Fareham, Hampshire
Mrs Lynne Wadsworth, 36 Dene Road, Skelmanthorpe, Huddersfield
3.1 The grounds for objection are summarised below:Out of keeping with area
(a) Proposal is out of keeping with the landscape and surrounding environment and looks
like part of an industrial estate in the middle of the countryside.
Proximity to housing
(b) consider that proposal is detrimental to health and wellbeing of residents
(c) consider development too close to the existing houses - No 2 Killylour is 37m from site.
The two cottages will be surrounded on three sides by this extension into the local
landscape.
Landscaping
(d) Consider that the landscaping will take years to mature and will not screen the building.
Noise
(e) The pump noise levels are anticipated at around 80 decibels within 1m of pump (higher
than noise levels of a car travelling 70mph along motorway).
Lighting
(f) Consideration of light pollution during construction and security lighting. Consider that
Dumfries and Galloway Councils publication on the Dark Sky Park states that it is our right
to see stars from our own back garden and to preserve the night sky for all living things.
Impact on Local Wildlife
(g) Consider that the proposal will impact on bats and red squirrels which are protected
species.
Impact on Roads
(h) the local road system from the A75 cannot cope with existing traffic at present (Forestry,
haulage, quarry traffic) and cannot cope with the further 'transport load' this proposal would
create. The speed and type of traffic make it dangerous of other road users (foot/cycle).
(i) the temporary access point on a sharp bend substantially exacerbates an already fragile
road safety issue in the locality.
Other issues
Other non-planning issues were raised by the objectors including:
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Right to Light under Prescription Act 1832 (This is common law in England and Wales
and does not apply to Scotland);
Artistic link between Henry Moore sculptures and Scottish Water;
Alternative sites should be considered with lower running costs;
Consider that development is larger than required for Glenkiln alone to accommodated
Lochenkit's resources. If other sites were chosen closer to Lochenkit it would result in
lower pipe laying costs - consider it unnecessarily expensive;
Poor consultation with neighbours prior to the application;
Position of neighbours septic tank and tail drain in the site which is a civil matter;
Concerned at privacy issues during construction;
Loss of view and
Potential failure or development of leaks in tanks.
4
REPORT
Relevant development plan policies:Dumfries & Galloway Structure Plan
D36 – Design of Development
E6 - Conservation of Habitats & Species
Nithsdale Local Plan
General Policy 1 - Development Principle
General Policy 2 - Development Considerations
General Policy 7 - Siting & Design
4.1 Section 25 of the Town and Country Planning (Scotland) Act 1997, as amended by the
Planning etc. (Scotland) Act 2006, requires that:- “Where, in making any determination
under the planning Acts, regard is to be had to the development plan, the determination is,
unless material considerations indicate otherwise, to be made in accordance with that plan”.
4.2 When determining applications, the Council is required to consider the overall aims and
objectives of the development plan as well the above subject policies. The guiding principle
of the Dumfries & Galloway Structure Plan is to encourage the growth and development of
sustainable communities in Dumfries & Galloway. To achieve this, the following aims have
been set out for the Structure Plan: To support development of the local economy
 To support urban and rural communities
 To support and protect the natural and built environment
 To make best use of services and facilities
4.3 The key issues in the determination of this application are as follows: Principle of Development
 Siting and Design
 Overshadowing/Loss of Light
 Landscaping
 Nature Conservation
 Noise
 Road Traffic and Safety
Principle of Development
4.4 Scottish Water, in their supporting information, advise that the upgrading and extension
of the water treatment works at Killylour is to serve the wider area and population around
Dumfries and to allow them to meet their regulatory standards. This proposal would also
assist in the implementation of their development proposals; the
capacity would be increased ensuring that existing and future development proposals can
be serviced with a public water supply. The proposal would therefore reduce any potential
constraints on future development meeting the wider objectives of the development plan.
4.5 One of the concerns raised by the objectors, including the Community Council, was that
alternative sites were dismissed in favour of this proposal. Scottish Water have clarified that
the site selection process, undertaken in 2007/2008, was different to that proposed now.
The treatment process previously proposed was for a Rapid Gravity Filter (RGF), a
traditional treatment process which if pursued would have resulted in a larger footprint and
taller building.
4.6 During 2011, a further site selection process was undertaken for the treatment process
known as an Ultra Filtration Plant (UF Membrane Plant). This process concluded that the
proposed site, which forms part of this planning application, was the most appropriate site
given its close proximity to the existing WTW, the smaller foot print required for the
membrane plant, lower capital costs and the steep topography / existing screening which
would reduce the impact of the proposed building on the landscape.
4.7 It is also noted that the planning authority has to consider the merits of the planning
application which has been submitted, not possible alternatives. In developments such as
this, there is no requirement for a sequential analysis, as would be required with retail
developments, for example. Scottish Water have provided a reasoned justification for the
development of this site.
4.8 The development plan is silent on the provision of water works. However, the proposal
is adjacent to an existing water treatment works, where the principle of this type of
development has been established in the area, albeit the existing treatment works buildings
are considerably older and smaller than the current proposal. The siting of them could also
not be expected in a built up area. The principle of extending the site is therefore
considered to be in accordance with General Policy 1.
Siting and Design.
4.9 With the exception of the proposed membrane plant building, the works are contained
within the Water Treatment Works site and are towards the side and rear of the existing
WTW building and would be screened from the public road.
4.10 The main impact of the development would be from the proposed plant membrane
building (footprint of 26m by 36m) with a shallow pitched asymmetrical roof finished with
profile sheeting. The building has been designed to sit into the existing slope of the site.
On the north side, closest to the watercourse, the eaves height would be up to 10.05m
reducing to 9m as the slope of the land increases in height. The ridge height of the
proposed building would be no higher than the ridge height of the existing water treatment
plant building. To put this into context within the site, the proposed building has a finished
ground level of 99.00m, the landscape strip would be on a contour of 102m whereas the
existing residential properties lie on a contour of 104m. It is therefore considered that the
land levels and associated slope have been used to mitigate the impact of the building.
4.11 The plant membrane building would be screened by the existing WTW to the west and
the north and the steeply sloping hillside with semi-natural ancient woodland running along
the side of the watercourse would provide a backdrop to the proposed building. Therefore
no additional landscaping is required along these boundaries.
4.12 The proposed wall finishes would be block work with profile sheeting above. The roof
would be profile sheeting in a dark green (Hollybush 14 C 39). These finishes are typical for
modern industrial and farm buildings in rural areas and are considered acceptable for this
location.
Overshadowing / Loss of Light.
4.13 The proposed new membrane plant building would lie some 37m from the
neighbouring houses (No 1 and No 2 Killylour Cottages), no closer than the existing water
treatment plant building and no higher than the ridge of the existing water treatment plant
building. Other works adjacent to the existing WTW building would be no higher than the
existing building. It is therefore considered that the proposal would not cause additional
overshadowing/loss of light to that which already exists. The proposed new membrane plant
building would also lie to the northeast of the existing residential properties where there
would be no adverse impact caused by overshadowing.
Landscaping
4.14 The application site is not situated within any designated landscape area. As noted
above, the plant membrane building is large, but it has been designed to take account of the
existing topography. The site steeply slopes away from the neighbouring residential
properties towards the watercourse to the eastern side of the site. The landscaping
proposed, along the southern boundary, is the closest to the residential properties, which
will assist in mitigating the impact of the building. These houses already have large trees in
their rear gardens. The landscaping proposed would be a planting strip along the southern
and eastern boundaries comprising mainly Scots Pine (up to 1.25m in height) and silver
birch (standards up to 2m). The landscaping is not designed to screen the building entirely
but to mitigate the impact of the building within the landscape. The proposed landscaping is
considered acceptable subject to a condition ensuring it is implemented and maintained.
Nature Conservation Issues
4.15 The applicant has provided an ecology report for the site covering a wide range of
species including bats, squirrels, water voles, otters, badgers etc. Scottish Natural Heritage
have raised no objections to the proposal provided it is done in accordance with the
recommendations included in the survey report, this can dealt with via a condition. Bats
have been found to be present in the existing building but no works are proposed in them. It
is therefore considered that it complies with Structure Plan Policy E6.
Noise
4.16 Representations have been made that the proposal will lead to potential noise pollution
on site to which Scottish Water have responded on 26 June 2012 with further information.
They have sited the pump station within the building furthest away from the
houses. Their supporting information indicates that combining the major noise sources and
assuming a worst case of all equipment operating together, maximum noise levels within
the building are predicted to be 82 dB (A). Allowing for the distance to the nearest property it
would be anticipated that noise levels of approx. 52dB (A) could be achieved with no
attenuation. However, levels below 50dB (A) would be anticipated when account is taken of
any attenuation effects of the building walls, ground profile and landscaping (including
existing and new trees). These levels are in line with levels achieved at other similar works.
4.17 Scottish Water advise that the projected noise level take into account the use of
acoustic enclosures to limit noise break-out from the noisy plant and other measures which
would include positioning external vents to limit impact on any external sources. The block
work proposed on the lower part of the walls of the plant membrane building would also help
to mitigate the impact from machinery within the proposed building. As the (emergency)
standby generator will be within an acoustic enclosure the noise levels from this will all be
lower than the noise sources within the building. The standby generator would only run
during emergency conditions (such as power failure) and therefore any running time should
be in the order of hours in any given year. The standby generator has also been relocated
further away from the existing properties and behind screening from new and existing trees.
4.18 The Council’s Environmental Standards Officer objects to the proposal noting that the
residents of the existing dwellinghouses could be make a justified complaint under Section
79 (1) (g) of the Environmental Protection Act 1990. However, they also state that their
objection would be lifted where five criteria are met. The first requires the development to
“not exceed the ambient background noise level (LA90) at the nearest noise sensitive
properties by more than 5dB(A), or shall not exceed a night time L Aeq 5min noise emission
level of 40 dB(A) as measured at the nearest noise sensitive receptor whichever is the
greater”. This can be met by attaching a condition. The second requires the developer to
facilitate the measurement of the level of noise emissions where a complaint is received,
which can also be covered by condition. The third and fourth stipulate how this report
should be carried out and the data required, which would be covered by a directive. The
last requires that where the noise levels are found to fail the same report should propose
mitigation measures to address the failure. The last three can also be covered by condition.
The applicant has an existing water treatment works on site where the noise levels are not
covered by condition, however this proposal involves an increase in operations with, as
advised by Environmental Standards, a potential for noise complaints. Therefore it is
reasonable to attach conditions to ensure that should a justified noise complaint be received
it is attenuated by the applicant.
Road Traffic and Safety
4.19 The Council Roads Officer raises no objections and notes that there are no alterations
proposed or required to the existing access onto the C23n - Glenkiln. A temporary access
road would be required for the construction of the site but subject to agreement of this it is
considered acceptable and accords with General Policy 2.
Lighting
4.20 The representors raise potential concern regarding lighting and refer to the the Dark
Sky's document. However, this relates to the advice associated with the Galloway Forest
Dark Skies Park within which this proposal does not lie. The existing water treatment plant
building is much closer to existing dwellinghouses than the proposed plant membrane
building and the planning authority has no control over lighting of this existing plant.
However, as the works and building proposed may increase the activity at the site it is
considered reasonable to seek a lighting scheme for the site to protect the amenity of the
adjacent properties, which can be covered by condition
Conclusion
4.19 It is considered, that although the proposed development is large, this is mainly driven
by the technical requirements for its use as a WTW, that subject to the conditions stated,
that the proposal is in accordance with the Structure and Local Plan Policies and guidance
as stated above and as there are no material considerations which would override the
presumption in favour of the development plan, the application is recommended for
approval.
5
RECOMMENDATION
5.1 Approve subject to conditions:1.
That throughout the life of the development hereby granted planning
permission the rated continuous equivalent noise level (LAeqTr) from the
development, including the associated machinery and equipment, shall not
exceed the ambient background noise level (LA90) at the nearest noise
sensitive residential properties by more than 5dB(A), or shall not exceed a
night time LAeq 5min noise emission level of 40 dB(A) as measured at the
nearest noise sensitive receptor whichever is the greater. The Developer
shall ensure that noise emitted by the proposed equipment at the nearest
residential property by machinery and equipment associated with the
proposal, or used as part of the development shall be of a type, and shall
be insulated (or sufficiently attenuated), installed, operated and
permanently maintained to comply with these standards.
2.
That, at the written request of the Council as planning authority (in
consultation with Environmental Standards) following a suspected breach
of noise limits set by Condition 1 above from the operation of the facility
extension hereby granted planning permission, the Developer shall
facilitate the measurement of the level of noise emission from the
development at the residential property to which the complaint relates by a
suitably qualified acoustic consultant in order to determine compliance
with the above. The above is subject to the residential property falling
within a 250 metre radius from the facility, and allows for the Water
Treatment Works to be operational during acoustic testing /
measurements.
3.
That, in the event that the noise levels are found to be in breach of
condition 1 above from the operation of the facility extension hereby
granted planning perrmission, the Developer shall submit, within 2 months,
a report to remedy the breach to the Council as planning authority (in
consultation with Environmental Standards). The report shall include
details of the proposed acoustic build and/or proposed noise mitigation
measures and the phasing of their implementation. Thereafter the agreed
mitigation measures and the phasing of their implementation shall be
carried out in accordance with the report as maybe so approved for the
lifetime of the development.
4.
That no development in respect of this planning permission shall
take place unless details of the proposed temporary site access have
been submitted and approved in writing by the Council as planning
authority (in consultation with the roads authority). No construction work
in respect of this planning permission shall take place unless the
temporary site access has been constructed in complete accordance with
such details as may be so approved.
5.
That all the planting, seeding, turfing and other works shown in the
approved plans shall be implemented in the first planting season
following the completion or occupation of the development hereby granted
planning permission. Thereafter, all trees and shrubs forming part of the
approved scheme shall be maintained and replaced where necessary to
the satisfaction of the planning authority for the lifetime of the
development. No trees forming part of the approved scheme shall be
pruned or lopped without the prior written approval of the planning
authority.
6.
That the development hereby granted planning permission shall be carried
out in full accordance with Scenario 1 as outlined in Scottish Water Killylour Water Treatment Works Bat Survey Report dated February 2012
Scottish Water Shared Services (Mott MacDonald), unless otherwise
agreed in writing in advance by the Council as planning authority (in
consultation with Scottish Natural Heritage).
7.
That no development in respect of this planning permission shall
take place unless details of the proposed external lighting to be installed
within the application site have been submitted to and approved in writing
by the planning authority. Such lighting shall be of a cowled or cut-off
design so as to ensure that there is no light spillage above the horizontal
and shall be sited so as not to be directed towards any adjacent residential
properties. The development hereby granted planning permission
shall not be occupied unless all such external lighting has been installed
in full accordance with such details as may be so approved. Should any
external light or lights within the application site be shown to cause a
nuisance to any nearby residents, the Council as planning authority shall
be allowed to require the said light or lights to be either removed,
relocated or realigned as appropriate, for the lifetime of the development.
Relevant Drawing Numbers:
5000008620-WR-DRA-04001013-0A Location Plan
5104.001 Rev A
Landscape Proposals
5000008620-WR-DRA-04001011 Elevations & Roof Plan
5000008620-WR-DRA-04001010 Site Sections
5000008620-WR-DRA-04001002 Site Plan
Date Received 27 Feb 2012
Date Received 16 Feb 2012
Date Received 16 Feb 2012
Date Received 16 Feb 2012
Date Received 16 Feb 2012