EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 25 APRIL 2014

14/0002/PP: PROPOSED CONSERVATION ENGINEERING WORKS TO CATRINE WEIR INCLUDING PILING, REPLACEMENT OF UPSTREAM FACE,

STAINLESS STEEL CREST, ENCAPSULATION OF WEIR APRON IN REINFORCED LIME CONCRETE, REMODELLING OF FISH PASS AND

MASONRY REPAIRS TO FAIRBAIRN SLUICES; IMPROVEMENTS TO RIVER ENVIRONMENT AT ANDERSON'S POOL; SITING OF VIEWING PLATFORM;

INSTALLATION OF SMOLT SCREENS IN EAST LADE AND SITING OF 2 NO. 6 METRE LONG SHIPPING CONTAINERS

BY CATRINE COMMUNITY TRUST

Report by Head of Planning and Economic Development

Click for Application Details: http://eplanning.east-

ayrshire.gov.uk/online/caseFile.do?category=application&caseNo=14/0002/PP

EXECUTIVE SUMMARY SHEET

1. DEVELOPMENT DESCRIPTION

1.1 It is proposed to carry out the following works:-

i) Stabilisation and encasement of the weir in lime based concrete:

The encasement work will be carried out in a series of steps which can be summarised as follows:-

a) construction of an outer “wall” of contiguous sheet piling 4.5 metres out from the front edge of the weir and approximately 1.0 metre high above the water level;

b) the piling will allow the area in front of the weir to be drained and a reinforced concrete slab formed on the river bed at the base of the weir. This slab will help anchor the historic structure and prevent the current from under-cutting the weir;

c) a series of mini-piles will be driven through the concrete slab at 2.5 meter centres and a temporary platform will be mounted on top of these to form a safe working area;

d) the face of the weir will be over-clad with hardwood boarding (as is the case currently). A second concrete slab will be laid at the foot of the weir to lock the boarding into place;

e) a high-grade stainless steel „coping‟ will be installed along the top edge of the weir. The coping will serve two purposes, [i] to secure the top edge of the hardwood boarding along the face of the weir and [ii] to discourage

people from walking out into the river, along the top edge of the weir. The reason for the latter is to help discourage illegal fishing. The steel coping will become very slippery once covered in water and the effect will be enhanced by forming a step profile to the coping such that no flat surface is created;

f) the top surface of the weir will then be encapsulated in lime based concrete to a depth of 250 mm. Following the completion of the works, the temporary construction platform will be dismantled and the outer sheet piling and inner mini piles trimmed off at the level of the river bed.

ii) repair and enhancement of the existing fish pass: The alterations to the existing fish pass can be summarised as follows:- i) installation of underground, 450 mm diameter by-pass pipe along length of

fish pass. The purpose of the by-pass is to regulate the flow of water within the fish pass to ensure that the volume of water flowing, when the river level is high, does not prevent fish from leaping. The by-pass pipe runs from the intake to the first chamber at the outflow. The end of the pipe will be capped with a disperser to ensure that the water is discharged in a dispersed manner and does not create excessive turbulence at the entry; and

ii) raising of height of sides of fish pass to prevent water spilling over the edge of the pass. The height by which the walls will be raised will be up to 1.0 metre. The final heights will be determined on site according to the conditions.

The application also propose minor works such as the siting of a viewing platform; installation of smolt screens in the east lade and siting of 2 six metre long shipping containers.

2. RECOMMENDATION

2.1 It is recommended that the planning application be granted subject to conditions listed on the attached sheet.

3. CONCLUSIONS

3.1 As indicated in Section 5 of the report the application is in accordance with the Development Plan and therefore should be approved unless material considerations indicate otherwise. As stated in Section 6 there are material considerations relevant to this application and these are supportive of the application. 3.2 The works detailed support an historical and cultural feature in Catrine that is not only important to Catrine and the surrounding area but to the industrial heritage of Scotland and the UK as a whole. The historic Voes have been desilted by local contractors to enable unobstructed flow to reach the turbine intake house. The silt was taken off site for reuse as an agricultural soil conditioner. The leaking

embankment to the West Voe has been sealed with a bentonite clay mat liner and the historic footbridge over the West Lade is being restored to its former glory with the permission of Historic Scotland. Many other works have been carried out to provide the sustainability of an income for the Catrine Community Trust to function in the future years and provide all the skills training and benefits to the community.

CONTRARY DECISION NOTE

Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the application would not require to be referred to the Council as this would not constitute a significant breach of policy.

Alan Neish

Head of Planning and Economic Development

Note: This document combines key sections of the associated report for quick

reference and should not in itself be considered as having been the basis for

recommendation preparation or decision making by the Planning Authority.

EAST AYRSHIRE COUNCIL

PLANNING COMMITTEE: 25 APRIL 2014

14/0002/PP: PROPOSED CONSERVATION ENGINEERING WORKS TO CATRINE WEIR INCLUDING PILING, REPLACEMENT OF UPSTREAM FACE,

STAINLESS STEEL CREST, ENCAPSULATION OF WEIR APRON IN REINFORCED LIME CONCRETE, REMODELLING OF FISH PASS AND

MASONRY REPAIRS TO FAIRBAIRN SLUICES; IMPROVEMENTS TO RIVER ENVIRONMENT AT ANDERSON'S POOL; SITING OF VIEWING PLATFORM;

INSTALLATION OF SMOLT SCREENS IN EAST LADE AND SITING OF 2 NO. 6 METRE LONG SHIPPING CONTAINERS

BY CATRINE COMMUNITY TRUST

Report by Head of Planning and Economic Development

1. PURPOSE OF REPORT 1.1 The purpose of this report is to present for determination a planning application, which is to be considered by the Planning Committee under the scheme of delegation as the Council has a financial interest in the proposed development. 2. APPLICATION DETAILS 2.1 Site Description: The proposal relates to the existing weir and associated structures on the River Ayr, in Catrine. The weir is a historic structure constructed as part of a wider water management system that includes five large ponds (known as „the Voes‟) and a series of open and covered lades. The system supplied water power for Catrine‟s cotton mills and bleaching works from the early part of the industrial revolution. The weir is a partially submerged structure (depending upon the level of the water in the river) constructed from a series of “boxes” formed from heavy wooden planks and filled with rock. The top surface was finished in red standstone blocks, however, these have been washed out in places and the voids have been filled at various times with rock and concrete. The weir diverts a proportion of the river flow into a lade (known as „East Lade‟), via a sluice (known as „Fairbairn Sluices‟). The weir, etc. is a scheduled ancient monument. 2.2 Proposed Development: It is proposed to carry out the following works:-

i) Stabilisation and encasement of the weir in lime based concrete:

The encasement work will be carried out in a series of steps which can be summarised as follows:-

a) construction of an outer “wall” of contiguous sheet piling 4.5 metres out from the front edge of the weir and approximately 1.0 metre high above the water level;

b) the piling will allow the area in front of the weir to be drained and a reinforced concrete slab formed on the river bed at the base of the weir. This slab will help anchor the historic structure and prevent the current from under-cutting the weir;

c) a series of mini-piles will be driven through the concrete slab at 2.5 meter centres and a temporary platform will be mounted on top of these to form a safe working area;

d) the face of the weir will be over-clad with hardwood boarding (as is the case currently). A second concrete slab will be laid at the foot of the weir to lock the boarding into place;

e) a high-grade stainless steel „coping‟ will be installed along the top edge of the weir. The coping will serve two purposes, [i] to secure the top edge of the hardwood boarding along the face of the weir and [ii] to discourage people from walking out into the river, along the top edge of the weir. The reason for the latter is to help discourage illegal fishing. The steel coping will become very slippery once covered in water and the effect will be enhanced by forming a step profile to the coping such that no flat surface is created;

f) the top surface of the weir will then be encapsulated in lime based concrete to a depth of 250 mm. Following the completion of the works, the temporary construction platform will be dismantled and the outer sheet piling and inner mini piles trimmed off at the level of the river bed.

ii) repair and enhancement of the existing fish pass: The alterations to the existing fish pass can be summarised as follows:- i) installation of underground, 450 mm diameter by-pass pipe along length of

fish pass. The purpose of the by-pass is to regulate the flow of water within the fish pass to ensure that the volume of water flowing, when the river level is high, does not prevent fish from leaping. The by-pass pipe runs from the intake to the first chamber at the outflow. The end of the pipe will be capped with a disperser to ensure that the water is discharged in a dispersed manner and does not create excessive turbulence at the entry; and

iii) raising of height of sides of fish pass to prevent water spilling over the edge of the pass. The height by which the walls will be raised will be up to 1.0 metre. The final heights will be determined on site according to the conditions.

The application also propose minor works such as the siting of a viewing platform; installation of smolt screens in the east lade and siting of 2 six metre long shipping containers. 3. CONSULTATIONS AND ISSUES RAISED 3.1 Ayrshire Roads Alliance have no objections. 3.2 East Ayrshire Council Environmental Health (Contaminated Land) have no objections, the site was reclassified as 4 (Low Risk), and as there is unlikely to be any significant soil contamination at the site, there is no requirement for any

contaminated land condition to be attached to the application. Samples have been taken from the surrounding area and do not raise any concern. 3.3 Scottish Environment Protection Agency have no objections but provided advice to the applicant which is contained in advisory notes. 3.4 Historic Scotland (HS) noted the majority of these proposed works fall within the scheduled monument Catrine. water works for Catrine Mill for which scheduled monument consent was obtained on 18 September 2012. The principle of the works is acceptable, however there have been additional drawings submitted as part of this planning application which are not covered by this scheduled monument consent. The applicants will require an amended scheduled monument consent. The relocation of the bridge sections and use as a viewing platform is acceptable in principle as it is not considered that this will have sufficient impact on the setting of the monument for HS to raise an objection, subject to other necessary consents being obtained. 3.5 West of Scotland Archaeological Service noted that whilst the conservation work proposed under the current application would therefore take place in an area of considerable archaeological sensitivity, because the monument is scheduled, it is also the case that the developer would need to obtain scheduled monument consent (SMC) from HS in advance of undertaking any operations that could directly affect its survival. HS has confirmed that they are likely to grant SMC with archaeological conditions attached. It is not therefore necessary for the Council to duplicate conditions placed on scheduled monument consent. 3.6 Scottish Natural Heritage (SNH) advise they are satisfied that no designated sites will be adversely affected by this proposal, however otters may be present at this site, and recommended that the applicant follows SNH guidance in relation to otters and development. The applicants submitted an Ecological Survey and recommendations with their proposal, which did not identify otter using the area.

An advisory note has been suggested to the applicant should otters be encountered on site.

3.7 River Ayr District Salmon Fisheries Board (RADSFB) and Ayrshire Rivers Trust (ART) advise on matters relating to fish migration and noted both the RADSFB and ART have attended numerous stakeholder meetings in the development of Catrine Community Trust‟s plans for the modifications to weir and fish pass. Both the RADSFB and ART are supportive of the improvements within the scheme; however it is considered the scheme could go further to protect salmonid stocks that are already depressed as a result of pollution issues throughout the catchment (agriculture and surface coal mining).

Any resultant changes to the scheme as agreed between the applicant and the RADSFB and ART, could modify the scheme as proposed, however, such changes are likely to be minor engineering details in the overall scope of the application, and could therefore be dealt with under delegated powers, should Members decide to grant consent.

3.8 Catrine Community Council has not responded to their consultation at the time of writing this report. 3.9 Sorn Community Council has not responded to their consultation at the time of writing this report. 4. REPRESENTATIONS 4.1 The application has received no representations following neighbour notification for the planning application and public advertisement in the Cumnock Chronicle. 5. ASSESSMENT AGAINST DEVELOPMENT PLAN 5.1 For the purposes of this application the relevant Development Plan is the Adopted East Ayrshire Local Plan 2010 (EALP). 5.2 Policy SD 1 requires all new development does not have any unacceptable adverse impact on:-

(i) The character and appearance of the location in which it is proposed; (ii) The environment and amenity of the community and residents of the area; (iii) Landscape character and quality; and (iv) Natural or built heritage resources.

5.3 Policy SD2 notes that the Council will positively encourage new developments throughout East Ayrshire which make the area more attractive to inward investment. The Council will also specifically encourage developments for improved or additional facilities and amenities which, in turn, help improve the quality of life for residents, particularly within the more disadvantaged parts of the authority area and within those areas suffering from problems of economic and environmental decline. 5.4 Through Policy CS1, the Council will respond positively to changing needs and demands for all community, educational, sporting, leisure, cultural and other facilities serving local communities throughout East Ayrshire. In particular, the Council will encourage and support the development of such new facilities as may be required and the upgrading, expansion and improvement of existing facilities to meet local needs.

It is considered that the proposed works are compliant with strategic policies SD 1, SD 2 and CS 1. The proposal supports a valuable type of community use and meets with the spirit of the policies in providing facilities which will serve local residents in their leisure, social and recreational needs, providing a facility with a positive community focus. Policy SD2 States that the council will positively encourage new developments which make the area more attractive to inward investment and will specifically encourage improved or additional facilities and amenities which in turn help improve the quality of life for residents particularly within a more disadvantaged area suffering from problems

of economic and environmental decline. With regard to CS 1 the Council will respond positively to changing needs and demands for all community, educational, sporting, leisure, cultural and other facilities serving local communities throughout East Ayrshire. In particular, the Council will encourage and support the development of such new facilities as may be required and the upgrading, expansion and improvement of existing facilities to meet local needs. This proposal meets with these policies.

5.5 Policy T3 states that the Council will require developers, in formulating their development proposals, to ensure that their proposals meet all of the requisite standards of the Council as Roads Authority. Developments which do not meet these standards will not be considered acceptable and will not receive Council support.

The Council’s Roads and Transportation Service have no concerns in this regard.

5.6 Policy ENV 9 states that the Council will require and actively encourage and demand the highest possible standards of design from applicants in the formulation of their development proposals.

The proposal complies with the terms of Policy ENV9 in respect of the acceptable and sympathetic design and layout of the site with regard to the amenity of the surrounding area.

5.7 Policy ENV11 requires all developers in formulating their development proposals to ensure that their designs are sensitive to the character of the area in which they are proposed, and that developments are landscaped to reflect and compliment their surroundings.

It is considered that the proposals are sympathetic and compliant with this proposal.

6. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS 6.1 The material considerations relevant in the determination of this application are the consultation responses, and the applicant‟s supporting statement. Consultation Responses 6.2 The consultation responses do not raise any issues of sufficient weight to warrant refusal of this application. Any issues raised can be addressed by condition or advisory note, and should nay design features be modified, in this instance, as a result of technical discussion with the River Ayr District Salmon Fisheries Board and Ayrshire Rivers Trust, these can be dealt with subsequently under delegated powers as such matters would be minor in the scope of the meaning of „development‟ under the Planning Acts.

Applicant‟s Supporting Statement 6.3 The applicant has submitted their Estate Management Manual in support, which shows an inspection regime to be in place or the area around the Voes, including the fish pass, as well as suggested maintenance and improvements, as required. The applicant’s supporting statement relates to the manner in which the proposal areas will operate. It is evident there is a clear commitment to the village as a whole, and that the Voes is central to the regeneration of Catrine.

7. FINANCIAL AND LEGAL IMPLICATIONS 7.1 There are no legal implications with regard to the determination of the application, however, the Council has a financial interest in the project, being one of the stakeholders. As the project is not a significant departure from the approval East Ayrshire Local Plan, there is however no requirement for the application to be referred to Scottish Ministers under the Town and Country Planning (Notification of applications) (Scotland) Directions 2009. 8. CONCLUSIONS 8.1 As indicated in Section 5 of the report the application is in accordance with the Development Plan and therefore should be approved unless material considerations indicate otherwise. As stated in Section 6 there are material considerations relevant to this application and these are supportive of the application. 8.2 The works detailed support an historical and cultural feature in Catrine that is not only important to Catrine and the surrounding area but to the industrial heritage of Scotland and the UK as a whole. The historic Voes have been desilted by local contractors to enable unobstructed flow to reach the turbine intake house. The silt was taken off site for reuse as an agricultural soil conditioner. The leaking embankment to the West Voe has been sealed with a bentonite clay mat liner and the historic footbridge over the West Lade is being restored to its former glory with the permission of Historic Scotland. Many other works have been carried out to provide the sustainability of an income for the Catrine Community Trust to function in the future years and provide all the skills training and benefits to the community. 9. RECOMMENDATION 9.1 It is recommended that the planning application be granted. CONTRARY DECISION NOTE Should the Committee agree that the application be refused contrary to the recommendation of the Head of Planning and Economic Development, the

application would not require to be referred to the Council as this would not constitute a significant breach of policy. 10 April 2014 FV/

LIST OF BACKGROUND PAPERS

1. Application Forms/Plans. 2. Statutory Letters/Certificates. 3. Consultations 4. Adopted East Ayrshire Local Plan. 5. Applicant‟s Supporting Statement Anyone wishing to inspect the above papers please contact Alan Edgar, Planning Officer, on 01563 576753. Implementation Officer: Alan Neish, Head of Planning and Economic Development

Location Catrine Weir Located 30ml North Of 43 Cuthbert Street Catrine

Nature of Proposal: Proposed conservation engineering works to Catrine Weir

including piling, replacement of upstream face, stainless steel crest, encapsulation of weir apron in reinforced lime concrete, remodelling of fish pass and masonry repairs to Fairbairn Sluices; improvements to river environment at Anderson's Pool; siting of viewing platform; installation of smolt screens in East Lade and siting of 2 no. 6 metre long shipping containers

Name and Address of Applicant: Catrine Community Trust

11 Bridge Street Catrine KA5 6RS

Name and Address of Agent Mr Ian Scade, East Ayrshire Council

Johnnie Walker Bond 15 Strand Street Kilmarnock KA1 1HU

Officer‟s Ref: Alan Edgar 01563 576753

The above Planning Permission Application should be Approved.

Advisory Notes: SEPA recommend the use of water resistant materials and forms of construction as appropriate and as outlined in PAN 69. SEPA request that "operation 20, bed of river deepened by 1m, as detailed on Drawing 11-415/SK 02 Rev B" is removed from the proposals. Deepening this section of the river may encourage migrating fish to rest and congregate in the resulting pool rather than continue towards the entrance to the fish pass and ascend towards the upper catchment of the river. This is a critical, with regard to fish migration, section of the river and once fish ascend over Andersons weir it is desirable to have them travel up through this section as quickly as possible with minimal delay. We would ask that you contact our local Operations Team (contact 01292 294000) to discuss this and the implications for your authorisation.

TP24

East Ayrshire Council

TOWN & COUNTRY PLANNING (SCOTLAND) ACT 1997

Application No:14/002/PP

The applicants are advised of their obligations under the Conservation (Natural Habitats &c) Amendment (Scotland) Regulations 2007, in terms of otter activity, in the event otters are encountered on site.