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CLACKMANNANSHIRE COUNCIL
Report to Regulatory Committee of 29th May, 2008
Subject: Enforcement Action – Formation of Soil Bunds Around
Perimeter of Car Parking Area at Sterling Furniture, Moss Road,
Tillicoultry (Ref. No. 08/00022/NOPP)
Prepared by:
Keith Johnstone, Principal Planner
Ward 2 : Clackmannanshire North
1.0
SUMMARY
1.1.
The report considers works that have recently been implemented to create a
soil bund around the perimeter of the car park area at the rear of the Sterling
Furniture store at Moss Road, Tillicoultry. The bunding is generally over 1 m.
in height and appears to have been constructed to create a flood protection
embankment between the River Devon and the store.
1.2.
The site owner has been contacted and advised to remove the bunding
forthwith. However, given the potential impact that the bunds may have on
increasing the risk of flooding elsewhere and the potential consequences that
may arise from this and given the recent history of flooding in the vicinity, the
matter has been reported to Committee as an urgent item to seek authority for
officers to take any action deemed appropriate to remedy this breach of
planning control.
2.0
RECOMMENDATION
2.1.
It is recommended that Head of Development Services be given delegated
authority to take any enforcement action deemed appropriate to satisfactorily
remedy the breach of planning control.
3.0
BACKGROUND
3.1.
A complaint was received from a neighbouring resident regarding works
taking place at Sterling Furniture, including the formation of bunding.
Following a visit to the site it was confirmed that a bund had been formed
around the perimeter of the car park area at the rear of the store adjacent to
the River Devon (see attached plan). The bund is over 1 metre in height and
varies in width and appears to have been formed from soil and demolition
material that was being stored at the rear of the site.
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It is understood that the works had largely been completed by the time the
Service became aware of the development.
3.2.
The Service has written to the site owner and requested that they remove the
bund. A meeting has also been arranged with the owner to discuss the matter
to seek a quick resolution to the breach. This process is being undertaken in
consultation with the Scottish Environment Protection Agency given its remit
in relation to flooding risk and works affecting watercourses. SEPA has also
contacted the site owner to request that the bunding is removed.
4.0
PLANNING CONSIDERATIONS
4.1.
The scale and nature of the bunds comprise development under the Town
and Country Planning (Scotland) Act 1997 and require planning permission.
The bunds would create a barrier between the River Devon and the Sterling
Furniture site and would act as a flood protection embankment.
4.2.
The site is situated within the flood plain of the River Devon and is within the
area identified as being at medium to high risk of flooding on the Indicative
River and Coastal Flood Map produced by SEPA. Consequently, any works
that could alter the flow of water in the floodplain could affect the probability of
flooding elsewhere or the ability of the functional flood plain to store water.
4.3.
The Clackmannanshire Development Plan states that development proposals
in areas of known significant flood risk will not normally be permitted unless it
can be demonstrated that no suitable alternative location exists and that a
flood risk assessment demonstrates that the risk can be satisfactorily
mitigated which will not lead to increased flooding risk elsewhere. This
guidance reflects the national guidance contained in Scottish Planning Policy
(SPP) No. 7: Planning and Flooding. We are unaware that any flood risk
assessment has been carried out which would inform or support the design
and implementation of the unauthorised works and the works would appear to
be contrary to the Development Plan advice.
4.4.
Although a detailed assessment of the flooding risk associated with the
formation of the soil bund has not been carried out, from the Service’s
knowledge of flooding risk in the area, including the advice received to date
from the flood risk consultant appointed to advise the Council, it is possible
that the works have the potential to increase the risk of flooding elsewhere.
The effects of such risk could be significant and therefore the breach has to
be addressed as quickly as possible. It is possible that the situation could be
remedied by voluntary action by the site owner to remove the bunds but if this
is not successful, then enforcement action under the planning legislation may
be required.
4.5.
The Council’s Enforcement Strategy is based on a proportional response to
breaches of planning control. Cases will be prioritised in terms of urgency of
action having regard to a number of factors including:
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The significance of the relevant development policy.
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
The sensitivity of the site or location.

The degree of (potential) harm and conflict with neighbouring properties.

The extent of public interest.
It is considered that these factors would apply in this instance and that the
case should be afforded a high priority.
5.0
CONCLUSIONS
5.1.
The soil bund has been formed without planning permission at a location
which is at a medium to high risk of flooding from the River Devon. It is
considered necessary that the Committee agree to give delegated authority to
the Head of Development Services to take any action deemed appropriate to
remedy the breach in planning control as quickly as possible having regard to
the following factors:(a) The works would appear to contravene relevant national and local
planning policy guidance.
(b) The works would increase the risk of flooding elsewhere which could have
significant consequence.
(c) The absence of any assessment by a suitably qualified person of the
impact of the soils bunds on flooding risk.
6.0
SUSTAINABILITY IMPLICATIONS
6.1.
N/A
7.0
FINANCIAL IMPLICATIONS
7.1.
Declarations
(1)
The recommendations contained within this report support or implement
Corporate Priorities, Council Policies and/or the Community Plan:

Corporate Priorities (Key Themes) (Please tick )
Achieving Potential
Maximising Quality of Life
Securing Prosperity
Enhancing the Environment
Maintaining an Effective Organisation






Council Policies (Please detail)
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
Community Plan (Themes) (Please tick )
Community Safety
Economic Development
Environment and Sustainability
Health Improvement




(2)
In adopting the recommendations contained in this report,
the Council is acting within its legal powers. (Please tick )

(3)
The full financial implications of the recommendations contained
in this report are set out in the report. This includes a reference
to full life cycle costs where appropriate. (Please tick )

____________________________
Head of Development Services
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