Blb Developments Screening Opinion

7/28/2019 Blb Developments Screening Opinion

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SCREENING OPINION

THE ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 1999

SCOTTISH GOVERNMENT CIRCULAR 8/2007

RESPONSE OF SOUTH AYRSHIRE COUNCIL TO A REQUEST SUBMITTED UNDER

REGULATION 5 OF THE EIA REGULATIONS (1999) BY BLB DEVELOPMENTS LIMITED

FOR A SCREENING OPINION FROM THE COUNCIL AS PLANNING AUTHORITY IN

RESPECT OF A PROPOSED DEVELOPMENT AT GLENAPP ESTATE, NEAR BALLANTRAE

Introduction

Luce Bay plant Hire Limited are seeking to develop approximately 3 hectares of land

located on the Glenapp Estate, south of Ballantrae for a hard rock quarry and access

road to the site. Their agent, BLB Developments Limited, has requested from the

council a formal Screening Opinion to determine whether an environmental impact

assessment is required for the development proposal.

Background

It is understood that the applicant has engaged in pre-application consultation with

the council in which a Screening Opinion was discussed.

It has been considered that the proposed development falls within Schedule 2 of the

Regulations noted above and as follows;

2. Extractive industry

(a) Quarries, open-cast mining and peat extraction (unless included in schedule 1).

Site Description

The site for which the Screening Opinion has been requested is located within a rural

setting, some 4 miles south of Ballantrae. The site is surrounded by the Aughtshillin

Wood in the Glenapp estate, containing an existing quarry within the site and a

gravel quarry nearby. The proposal would utilise the existing A77 and current access

road located approximately 1/3 km north of the proposal site to provide access to

the quarry. The site is lies on the eastern slope at the foot of the Carlock Hill (323m).

The proposed development borders the Glenapp and Galloway Mores Site of Special

Scientific Interest (SSSI) and Scenic Protection Area (SPA) to the west. The area has

been designated as such by SNH for reasons of flora, fauna (Hen Harrier as listed in

Annex 1 of the EC Birds Directive) and geological or physiographical features.


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Furthermore, the proposed access route is in fact within the SSSI and SPA.

Furthermore, the site is within the Ancient Woodland Inventory and is a designated

Scenic Area under ENV 8 of the South Ayrshire local Plan (SALP). At the summit of

the fore mentioned Carlock Hill lays an Archaeology Conservation Trigger, identified

as the Carlock Cairn (remains of).

Selection Criteria for Assessment to inform Screening Opinion

The proposal falls into category 2 (Extractive Industry) of Schedule 2 of the

Environmental Impact Assessment (Scotland) Regulations 1999. The EIA regulations

state that only Schedule 2 developments which are likely to have a significant

environmental impact are to be subject to EIA. Therefore, this assessment which isinforming the screening opinion is examining whether the proposal provided by BLB

Developments Limited is likely to have any significant environmental effects.

In accordance with Schedule 3 of the act the following selection criteria will be used

to inform the Screening Opinion.

Characteristics of Development:

a) The size of the development;b) The cumulation with other development;c) The use of natural resources;d) The production of waste;e) Pollution and nuisance;f) The risk of accidents, having regard in particular to substances or technologies

used

Location of Development:

a) The existing land use;b) The relative abundance, quality and regenerative capacity of natural resources in

the area;

c) The absorbing capacity of the natural environment, paying particular attention tothe following areas:-

i. wetlands;ii. coastal zones;iii. mountain and forest areas;iv. nature reserves and parks;v. areas classified or protected under Member states legislation; areas

designated by Member States pursuant to Council Directive 79/409/EEC


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on the conservation of wild birds and Council Directive 92/43/EEC on the

conservation of natural habitats and of wild fauna and flora;

vi. areas in which the environmental quality standards laid down incommunity legislation have already been exceeded;

vii. densely populated areas;viii. Landscapes of historical, cultural or archaeological significance.

Characteristics of the Potential Impact:

Consideration of the potential significant effects of the development in relation to the

foregoing criteria and having particular regard to:-

a) The extent of the impact (geographical areas and size of the affectedpopulation);

b) The transfrontier nature of the impact;c)

The magnitude and complexity of the impact;

d) The probability of the impact; ande) The duration, frequency and reversibility of the impact

Assessment: Characteristics of Development

Annex B of Circular 8/2007 sets out a checklist which can be used to inform the

Screening opinion. This Annex has been adopted to ensure a level of consistency is

maintained throughout the process. The fore mentioned checklist relates to Schedule

3 of the EIA regulations noted above.

a) The proposed development is estimated to encompass 3 hectares of land. Additionallythe proposal plans to create a new access route extending for 1/3 of a kilometre,

connecting to an existing road. Due to the scale of the local rurality and forested nature

of the surrounding area, it is perceived that the 3 hectares required for the quarry will

not be out of scale with the existing environment, while the forested area is likely to

provide cover for the quarry and reduce any adverse visual impact on the local area.

b) The proposed hard rock quarry is in close proximity to a disused gravel quarry to thenorthwest and Carlock House to the East, on the opposite side of the A77, of which is

unlikely to endure any significant environmental impact. More information was sought

regarding the cumulation to the existing quarry site to determine whether the proposal is to

extend the existing quarry site, as this would require an assessment of the cumulative

environmental impact as identified in paragraph 46 of The Regulations. However, with

consideration to the aforementioned information it was deemed that the location of the

existing quarry would be included within a formal EIA of the site.

c) The extraction of hard rock means that natural resources will be used as a matter ofcourse. However, hard rock is not considered to be in short supply and therefore not

predicted to cause any significant damage.


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d) Waste production is not considered to be of environmental concern as it is not within thedevelopers economic interest to accumulate waste while the site is operational.

e) Noise pollution from the development is likely to be of particular nuisance due to blastingoperations. Although the impact on public amenity is likely to be limited due to the

distance from any settlement, fauna protected under the local SSSI and SPA may be

adversely affected, while dust from the site could have a similar impact. Equipment and

machinery associated with quarrying is also likely to be considerably noisy. It must also

be noted that as the site lies in the catchment area of the Water of App, surface run-off

will deposit surface debris (machinery oil, dust, loose rock) into this water course.

f) The very nature of blasting presents a high risk of accident. Dust is also extremelyharmful to the human health of those working on site.

Assessment: Location of Development

a) As previously mentioned the proposal site lies within a rural setting located 4 milesfrom Ballantrae. The site is located within an existing quarry and expands to the

surrounding forested area.

b) No scarce resources have been identified in the area. However, the inclusion of theforested site in which the proposal is located in the Ancient Woodland Inventory

suggests that the wood is of high quality.

c) The site itself is located within the Ancient Woodland Inventory and a protectedScenic Area under policy ENV 8 of the South Ayrshire Local Plan. It is likely that

some trees will require to be cleared as part of the proposal. The site is also on the

fringe of the Glenapp and Galloway Moors SSSI and EU designated SPA, while part of

the proposal is to locate a road within the designated protection site/area. Due to the

nature and location of the proposal it is considered that the proximity to the SSSI

and EU SPA and the importance of them in a local, national and European context

are likely to be negatively impacted by the proposal. A variety of endangered flora

and fauna have been identified by SNH for their unique properties within these

designated protection zones.

In March 2007 a Desk based archaeological assessment and walk over survey was

conducted on the North East corner of the site. This was a 34 hectare study within

and to the north of the site for which a Screening Opinion was requested. 10

archaeologically significant sites were identified. Moreover, the Carlock Cairn at the

summit of the Carlock Hill has been identified as an Archaeology Conservation

Trigger, suggesting further evidence of archaeological significance in the area.

Therefore, the council refer to SALP Policy BE 6 stating


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Policy BE6: The council will seek to protect scheduled ancient monuments (including

their setting) and archaeological sites and encourage sympathetic proposals for their

promotion for educational or recreational purposes.

Assessment: Characteristics of Potential Impacts

a)Although the development proposal is contained within a 3 hectare site. It islikely that the extent of the development will spread out with the proposal site.

Noise pollution from blasting and machinery is considered to emanate out with

the site and into a reasonable proportion of the surrounding area, including the

SSSI and SPA, impacting upon the protected local biodiversity. Furthermore, it is

envisaged that surface debris may be transported into the nearby watercourse

due to the sloped nature of the proposal site, effecting marine biodiversity. It is

deemed unlikely that the environmental impacts of a hard rock quarry wouldimpact on human health.

b) The envisaged negative impact on the local biodiversity is expected to lastcontinuously throughout the life of the development. Within time it is likely that

the harm done to local flora and fauna will be recovered.

Conclusion

From the assessment taken in accordance with the regulations and Circular 8/2007

the council concludes that the proposed development of a Hard Rock Quarry on an

estimated 3 hectares of land on the Glenapp Estate is likely to require a formal

environmental impact assessment.

From the information submitted on behalf of Luce Bay plant Hire the environmental

impacts as a result of the development are likely to be significant in the proposed

location for the following sets of reasons.

Firstly, much of the protected land immediately to the west of the site isenvironmentally significant under the Glenapp and Galloway Moors SSSI and

EU designated SPA. Furthermore, the proposed access to the site is contained

within the fore mentioned designated sites. It is likely that the quarry and

access road would upset the character of the SSSI and SPA, especially due to

noise and dust.

Secondly, the proposal is located within a designated Scenic Area identifiedwithin the SALP, having the potential to upset the character of this.


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Thirdly, the proposal site is located within the Ancient Woodland Inventory,which may contain habitats for biodiversity since the 16th Century. This may

be upset by blasting, while it is considered that a vast amount of these trees

would need to be cut to accommodate a 3 hectare quarry.

Fourthly, debris generated from quarry works is envisaged to enter the Waterof App, due to the sloping nature of the proposed development site. Rubble

and dust may choke the water course, effecting marine organisms.

Finally, it is expected that the site holds a degree of archaeologicalsignificance and will require an archaeological survey to realise the

archaeological significance of the site.

Although the council recognise that the development proposal does not meetthe 15 hectare size or 30 000 tonnes of extraction, the sensitive location ofthe site is the main consideration.

Documents

Blb Developments Screening Opinion