Earthworks to infill land at Land At Gardner's Hall, Blackburn

What was proposed

The application sought earthworks to infill 1.89 hectares of a field, with soil imported over three to five years to improve farming efficiency.

“An application is sought for the infill of earthworks (1.89ha) within an existing field that is currently landlocked and has a natural depression within the middle. The field is bound by a post wire fence and hedging/trees. The site is located west of Gardner's Hall steading buildings and is proposed to be accessed from the existing informal layby on the B792 (Blackburn Road) via a new junction access and private track.”

“The applicant has advised that this land is currently a low grade 3.2 (capability which is average production, whereby high yields of barley, oats and grass can be obtained) and due to the undulating topography of the field, this makes it difficult to farm with machinery and the proposed infilling would introduce new soil and landscaping which would in turn improve the efficiency of being able to farm this field.”

Officer report

Earlier application

An earlier application for earthworks to infill 1.89 hectares of land was withdrawn.

“0186/FUL/25 - Earthworks to infill 1.89ha of land was withdrawn.”

Officer report

Why officers recommended refusal

Officers found limited agricultural benefit but harm to the rural landscape, countryside character, access, flood risk, trees and biodiversity.

“SEPA future flood maps show river medium likelihood and surface water / small watercourses medium likelihood food risk within and adjacent to the site. WLC Flood Risk Management requested a flood risk assessment (FRA) be submitted. The applicant has not provided an FRA to demonstrate these infill earthworks will not have a negative impact on flood risk. The proposal is therefore contrary to Policy 22 (Flood Risk and Water Management) of NPF4.”

“The submitted plans fail to show the existing established treeline that leads to the application site from the B792 junction access. The plans appear to show the proposed access track would be located within close proximity, however no details of the root protection area of these trees or stand-off has been provided. There are also trees located north and south of the infill area, however no details of these are shown on the submitted plans.”

Officer report

Residents’ concerns

One objection raised concerns that infilling could damage existing field drains and cause flooding.

“One letter of representation was received including one objection.”

“Comments Response Concerns regarding existing field drains and potential flooding. Noted. See further comments from WLC Flood Risk Management below.”

Officer report

Who spoke

The applicant’s agent and the applicant spoke in support of the application.

The committee debate

Members considered a motion to refuse and an amendment to continue the application for one cycle so technical reports could be submitted.

“Motion To refuse planning permission for the reasons outlined in the report - Moved by the Chair and seconded by Councillor Tony Boyle Amendment To continue the application for 1 cycle to allow the applicant to submit the necessary technical reports. - Moved by Councillor Damian Doran-Timson and seconded by Councillor Clark An electronic vote was conducted.”

Minutes

The decision

Planning permission was refused for the reasons outlined in the report.

“0715/FUL/25 Councillor Willie Boyle having declared an interest took part in the following item of business The committee considered a report (copies of which had been circulated) by the Head of Planning, Economic Development and Regeneration concerning an application as follows, noting that the planning application was for planning permission and not matters specified in conditions: Application No.”

Minutes