Democracy Spraffa

Mr Thomas Irwin: Formation of Earthbank Slurry Lagoon and Associated Works: Land at West Drumlemble Farm, West of Rowan Tree Cottage, Drumlemble, Campbeltown (Ref: 23/01018/Pp)

Argyll and Bute Council · 20 December 2023
Back to Planning, Protective Services and Licensing Committee — 20 December 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Argyll and Bute Council
Development and Economic Growth   
Delegated or Committee Planning Application Report and Report of Handling as
required by Schedule 2 of the Town and Country Planning (Development Management
Procedure) (Scotland) Regulations 2013 relative to applications for Planning
Permission or Planning Permission in Principle
_________________________________________________________________________ 
Reference No:   23/01018/PP
Planning Hierarchy:  Local Development
Applicant:   Mr Thomas Irwin
Proposal: Formation of earth bank slurry lagoon and associated works
Site Address: Land at West Drumlemble Farm West of Rowan Tree Cottage
Drumlemble Campbeltown Argyll and Bute
________________________________________________________________________
SUPPLEMENTARY REPORT NO. 1
1.0 INTRODUCTION 
This report provides Members with an update following their decision at the 22nd November
PPSL meeting to continue the application in order to allow submission of further information
from the applicant in relation to:
1.    Details on the nature of the proposed fence in terms of size and design and signage
displayed in order to secure the site of the slurry lagoon;
2.    Clarification on the type of cover that will go over the slurry lagoon in terms of the
safety aspects of it; and
3.    Details of protocols that will be put in place in respect of the Health and Safety aspects
of the site, to ensure it was a safe place to work 
2.0 FURTHER SUPPORTING INFORMATION
The applicant submitted the requested further information on 6th December 2023. The
additional information submitted includes;
• A health and safety management plan for the site
• Revised site plan with tyre ladder details
• Revised cross-section plan 
• Revised security steel mesh fence details to include 2 strands of barbed wires at the
top and bottom.
• Health and Safety Executive (HSE) information sheet on managing slurry on farms 
Note: Full details of the revised plans, health and safety management plan and HSE’s
information sheet on managing slurry on farms can be view on the Council’s website at
www.argyll-bute.gov.uk 
3.0 SUMMARY OF MEMBERS REQUESTS AND RESPONSE:

Page 2

3.1 Details on the nature of the proposed fence in terms of size and design and signage 
displayed in order to secure the site of the slurry lagoon. 
Response: The applicant has submitted a revised plan as noted under section 2.0
above for the proposed fence and signage details. The design of the fence to be
installed at the top of the earth bank now includes two stands of barbed wires at
the top and bottom of the proposed gated security fence. The proposed fence
would be made of steel mesh instead of timber as proposed initially and would
measure a total of about 34.5 m and 2 meters high. A secondary 1m high fence
has also been proposed to be installed at the lower ground of the lagoon to be
made of post and wire tock. With regards to the proposed signage to be installed
on site, it would have warning details which include the following; 
• Slurry Lagoon 
• Danger 
• Toxic Gases
• No Smoking and No Naked Flames 
• Danger of Drowning 
• Children must not play on this site
• Postcode, What3words and OS Grid Ref of site
• Emergency contact numbers 999 and site owner 
Officers note that the proposed fence specification is in line with guidance provided
by the Health and Safety Executive for securing such sites. It is however
recommended that an additional condition be attached to any permission granted
requiring signage to be installed on all elevations of the fence and on all access
gates to the site including on the two security fence gates as recommended on the
revised site layout plan with drawing no. PL-002  Rev D. 
3.2 Clarification on the type of cover that will go over the slurry lagoon in terms of the
safety aspects of it. 
Response: Members are reminded that SEPA’s requirement for meeting the
updated legislation for which this application has been submitted does not required
to have a cover. Notwithstanding, the proposed floating cover will be produced from
from Genatex 920 Reinforced PVC with 2 vented floaters and a de‐gassing pipe
with four chimney outlets. These outlets are to control the buildup of gas pressure
under the cover. The floating cover is estimated to reduce emissions, and therefore
odour, by approx. 85%. 
The applicant has confirmed there is no other cover available to the industry for
slurry lagoons other than the proposed floating cover. In their response the
applicant notes that while this type of cover will not prevent anyone from falling into
the lagoon; it would prevent anyone and/or animals from submerging in the
slurry/gasses – increasing the chances of survival if anyone was to accidentally fall
in. Submitted revised plans (site layout plan and site section plan) indicates
additional installation of four tyre ladders to be anchored to the security fence and
positioned internally at each corner of the lagoon. This is intended to assist anyone
or animal who may have accidentally fallen into the lagoon to climb out. 
3.3 Details of protocols that will be put in place in respect of the Health and Safety
aspects of the site, to ensure it was a safe place to work.

Page 3

Response: Members are advised that while additional information was requested
relative to the health and safety aspect of the slurry lagoon, officers are minded
that this aspect of the slurry management and operational activities are governed
and monitored under a separate legislation by HSE. Similarly, SEPA would be
responsible for ensuring the proposed lagoon has been constructed to satisfy
SEPA’s regulations and therefore has requested for a follow up site
visit/investigation post construction and prior to the slurry lagoon being brought into
use. Notwithstanding, the applicant has submitted additional document – HSE’s
information sheet on managing slurry on farm and has noted the proposed
development would be managed in accordance with the HSE guidance document
submitted. Furthermore, the applicant has submitted a health and safety
management plan for the site. An additional condition requiring that the site be
managed in accordance with this additional supporting documentation is proposed. 
4.0 UPDATED RECOMMENDATION 
It is recommended that planning permission be granted subject to the revised list of conditions
and reasons appended to this report. 
Author of Report: Tiwaah Antwi          Date: 7th December 2023
Reviewing Officer: Peter Bain     Date: 8th December 2023 
Fergus Murray 
Head of Development and Economic Growth

Page 4

REVISED CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO.
23/01018/PP 
Standard Time Limit Condition (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions 
1.  PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 19.05.2023 supporting information and, the approved drawings
listed in the table below unless the prior written approval of the planning authority is
obtained for an amendment to the approved details under Section 64 of the Town and
Country Planning (Scotland) Act 1997. 
Plan Title.  Plan Ref. No.  Version  Date Received 
Location Plans/Site Layout Plans  PL-001  A  30.05.2023 
Proposed Site Layout Plan  PL-002   D 06.12.2023 
Security Fence Details  PL-004  A 06.12.2023 
Cross Sections through proposed slurry
lagoon 
PL-003  C 06.12.2023 
Topographic Survey   01    22.09.2023 
Odour Management Plan       22.09.2023 
Health and Safety Management Plan   06.12.2023 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details. 
2.  Notwithstanding the effect of Condition 1, the developer shall secure the implementation
of an archaeological watching brief, to be carried out by an archaeological organisation
acceptable to the Planning Authority, during all ground disturbance. The retained
archaeological organisation shall be afforded access at all reasonable times and allowed
to record, recover and report items of interest and finds. A method statement for the
watching brief will be submitted by the applicant, agreed by the West of Scotland
Archaeology Service, and approved by the Planning Authority prior to commencement of
the watching brief. The name of the archaeological organisation retained by the developer
shall be given to the Planning Authority and to the West of Scotland Archaeology Service
in writing not less than 14 days before development commences. 
Reason: In order to protect archaeological resources.     
3.  Notwithstanding the effect of Condition 1, upon completion of works the development
hereby approved shall not be brought into use until the applicant has submitted to the
planning authority written confirmation from SEPA to confirm that the proposed
development complies with the relevant provisions of The Water Environment (Controlled
Activities)(Scotland) Regulations 2011 (as amended).    
Reason:  In order to safeguard amenity and the environment.

Page 5

4.  No development shall commence until a scheme of boundary treatment, surface
treatment and landscaping has been submitted to and approved in writing by the Planning
Authority. The scheme shall include details of: 
i) Any proposed re-contouring of the site by means of existing and proposed
ground levels; 
ii) Proposed hard and soft landscape works; 
iii) A biodiversity statement demonstrating how the proposal will contribute to
conservation/restoration/enhancement of biodiversity, and how these benefits
will be maintained for the lifetime of the development. 
The development shall not be operated until such time as the surface treatment and any
re-contouring works have been completed in accordance with the duly approved scheme. 
All of the hard and soft landscaping works shall be carried out in accordance with the
approved scheme during the first planting season following the commencement of the
development, unless otherwise agreed in writing by the Planning Authority. 
The biodiversity statement should refer to Developing with Nature guidance | NatureScot
as appropriate. 
Reason: To assist with the integration of the proposal with its surroundings in the interest
of amenity, and to comply with the requirements of NPF4 Policy 3.  
5.  The proposed development hereby approved shall be operated in accordance with the
submitted Odour Management Plan dated September 2023, unless otherwise agreed in
writing by the planning authority. 
Reason: In the interests of amenity and safety.  
6.  Notwithstanding the effect of Condition 1, the proposed safety signage shall be installed
on all elevations of the fences and on all access gates to the site including on the two
security fence gates as recommended on the revised site layout plan with drawing no.
PL-002  Rev D. Thereafter the signage shall be maintained to ensure that it remains
legible. 
Reason: In the interests of safety.  
7.  The development hereby approved shall be operated in accordance with the submitted
Health and Safety Management Plan submitted to the Planning Authority on 06
December 2023, unless otherwise agreed in writing by the planning authority; or as may
otherwise be alternatively instructed by any other Agency with a statutory remit limiting
the operation or maintenance of the site, including the Health and Safety Executive
and/or SEPA. 
Reason: In the interests of amenity and safety.

Page 6

NOTE TO APPLICANT    
• The applicant’s attention is drawn to SEPA’s note regarding the proposed slurry liner which
states that it must have a geotextile installed between the liner and the ground. Also, a
fixed mixing, filling and emptying points with concrete protection shall be provided.  
• Regard should be had to the West of Scotland Archaeology Service’s consultation
comments in respect of the proposed development. 
• Development Low Risk Area - Standing Advice 
The proposed development lies within a coal mining area which may contain unrecorded
coal mining related hazards.  If any coal mining feature is encountered during
development, this should be reported immediately to the Coal Authority on 0345 762
6848. 
Further information is also available on the Coal Authority website at: 
www.gov.uk/government/organisations/the-coal-authority