NewsCast -Smiths Gore in Scotland - The water issue

NEWSCAST SMITHS GORE IN SCOTLAND THE WATER ISSUE

issue 3 summer 2012

smithsgore.co.uk

2 Victoria Harbour, Hong Kong

WATER UNDERVALUED & OVER EXPLOITED? Toby Metcalfe t: 0131 344 0888 e: toby.metcalfe@smithsgore.co.uk

Welcome to the third edition of Newscast, Smiths Gore’s Scottish newsletter. In this edition we focus on water, man’s most vital resource, and without which we quite simply would not exist. How should we react then when contemplating humanity’s profligacy with our life spring? Perhaps my title says it all?

In my previous lead article I referred to people deluding themselves in the run up to the financial crash of 2008 and then, even more surprisingly, deluding themselves about what we needed to do to resolve matters. Our attitude to water seems to be very similar.

In March last year, Scottish Water reported on its five-year capital projects programme and although much of this is excellent, there must be questions about its sufficiency. For those of us lucky enough to work with rivers or our coastline we are all too aware of the scale of the problem. Are we really investing enough?

image by kmb43xgame / sxc.hu ©

The attitude of industry, including agriculture, also

remains a concern as do the actions of Local Planning Authorities who consistently fail to consult with key bodies involved in the health and wellbeing of rivers and watercourses, and one also wonders how effective SEPA is in its policing role. I am sure most readers will have examples of their concerns, ranging from the dumping of raw or partially treated sewage in rivers, the farming industry’s inability to create wholesale protective margins along watercourses, the failure to put in place control measures to prevent the spread of notifiable weeds, the failure to remove or pass man made obstacles that prevent the passage of migratory fish…the list is long.

The fact that so many of these problems have gone on for so long suggests that for the general public, unless they are directly affected, they are not too bothered. This is staggering. Then again the actions of large sections of the public are indicative of their attitude to our landscape, including our rivers and watercourses, epitomised by an enthusiasm for littering in public places and roadsides, and the illegal dumping of domestic and commercial waste. Wonderfully, however,

there are people out there who are doing something to redress the balance (see our story on the River Carron on page 14). Such initiatives deserve our total support.

A few years ago I had the good fortune to visit Hong Kong and sailed on a number of occasions between Hong Kong Island and the mainland on the famous Star ferry.

Despite the unavoidable fact that we were visiting one of the most heavily populated parts of the world you did not see any litter in the streets or in the water. On the harbour side was a very simple sign.

Littering fine $2500. If we are to start appreciating our water resource, and indeed our beautiful landscape, perhaps we should start by putting the correct price on damaging it. For the sake of our water resource we need a number of game changers. I hope we are brave and bold enough to take the tough decisions.

Do let me know if you think I have got this wrong. On the other hand if you agree let me know and I will be only too happy to pass that on to the appropriate powers. The proper care of our precious water resource is simply too important to avoid for fear of offending someone.

3

Reducing flood risk using land Jason Beedell t: 01733 567231 e: jason.beedell@smithsgore.co.uk The Flood Risk Management (Scotland) Act 2009 seeks to adopt a catchment scale approach, and the use of more natural and sustainable ways, to manage flood risk to complement other initiatives such as engineered flood defences. This implies a role for rural land management, reinforced by the prospect of more extreme rainfall events and sea level rise due to climate change.

Flood risk can be reduced if a flood peak can be reduced by spreading the flow of water over a longer period, by slowing the flow of water in a catchment and by storing water for later release.

There is a case to reward land managers where land management can make a difference, and land management’s contribution can be classified as a regulation service in the eco-system services framework. Our project looked at the The Smiths Gore research team, with Cranfield University, has recently completed a project for the Scottish Government different policies that could be used. on whether land can be used to reduce flood risk – which it can be in some situations, although it is sometimes difficult to There is significant potential for land managers to make a estimate precisely how much as it can be affected by the type contribution, but careful engagement and the right type of incentives will be needed. It is clear that land managers and duration of rainfall and ground conditions/saturation. expect certain things from a deal to reduce flood risk and that certain types of policy work better for them, such as the design of an approach and the availability of information/ Floods are caused by precipitation. knowledge transfer and advice. Some of the these issues are deal breakers and, if Government or a local authority • most falls on rural land – which has natural soils can demonstrate that they have considered the deal from • the properties of the soil affect infiltration and runoff a land manager’s point of view, the manager is likely to be • land use and land management affect soil properties more receptive.

• so land management must affect floods • so land management must offer a solution The report was published in May 2012 and is available at www.scotland.gov.uk/Resource/0039/00393714.pdf Incidence of flooding

Agricultural suitability

Suitable compensation and reward arrangements by context and type of service delivery General landscape Slowing water down

Floodplain Storage and conveyance

Frequent/ long duration flooding

Unsuitable for commercial farming

Land sale: designated wetlands.

Capital grants and payments for on-farm reservoirs

Land sale/swaps: for frequently flooded impoundment areas.

Sale and lease back/easements for land to accommodate flooding, with conversion to woodlands and wetlands

Moderate flooding

Switch to extensive farming

Capital grants for retention works.

Annual payments for changes in land use and land management

Capital grants for retention works.

Annual payments for specified flood services, possibly with ‘event’ supplements

Infrequent flooding

Continue intensive farming

Capital grants for retention works.

Annual payments for run-off control measures.

Cross-compliance requirements

Easements for infrequent flooding with compensation/insurance payments for flood events.

2bn litres the amount of water supplied by Scottish Water every day

1bn litres the amount of waste water dealt with by Scottish Water every day

50%

of all Scotland’s hydro schemes are in the Highland and Islands

1.5%

of Scotland’s total electricity consumption is used for water production

Weather

it’s one thing we never stop talking about.

Toby Metcalfe talks to Alex Hill, the Met Office Chief Advisor to the Scottish Government, about the impact that the weather has on all of us.

Toby Metcalfe: Our weather patterns in Scotland would appear to be definitely changing – what are the overriding factors?

Alex Hill: The evidence of the last 50 years in particular shows increasingly mild and wet winters and autumns, summers are warmer and drier, notwithstanding the occasional blip such as the winter of 2010/11. This is consistent with climate change predictions and this trend is very likely to continue.

TM: What is your view on global warming – and how much of our changing climatic patterns can be attributed to the actions of man?

AH: This is where it becomes more difficult. There are natural variations in climate over a variety of time scales, and discerning man’s influence within this overlying pattern is complex. However evidence

from the past 500,000 years or so shows us that the levels of greenhouse gases in the atmosphere are at unprecedented levels and still rising, and there is mounting evidence that the increase in global temperature over the last century or so is also unprecedented.

Multi-Decadal Oscillation operates over a roughly 12 to 15 year cycle. There are other overlying factors such as sunspot cycles, variations in the earth’s tilt with respect to the sun, and very long term orbital changes, all of which have been demonstrated to have impact on the climate.

TM: Are these patterns reversible, or can they just be slowed down?

TM: We seem to be more prone to weather events – drought, flooding, storms, for example. Or do we give these more attention because we now see them in the context of overall change?

AH: It will take decades to make a difference; there is a lag between putting the greenhouse gases into the atmosphere and impact on the climate. So it is fair to say that even if we could stop greenhouse gas production now it would take several decades before we would see an impact on the climate.

TM: Presumably there are other factors well beyond our control that cause variation in our climate and weather?

AH: Yes there are many and these operate over very different timescales. For example, the El Nino/La Nina cycles in the Pacific operate over a time period of less than a decade. Similarly Atlantic

AH: As ever there are two sides to this question, and the first centres not on climate change but on vulnerability.

For example we now rely increasingly on energy from far away, foods from all across the planet. Our reliance on ‘Just in Time’ delivery processes can lead to breakdowns in the system due simply to inclement weather.

The second vulnerability is harder to define. What will the impact of climate change be on global food production for example, and what will the impact of climate change be on extremes of weather across the globe? There is a

Alex Hill

great deal of research going on in this area and the recent reports from the IPCC† and the AVOID‡ programme make for sobering reading.

TM: From an agricultural perspective, sun and rain at the right times of the year are important. Are our seasons shifting, or are the peaks and troughs simply leveling out?

AH: As a general rule, winters are getting shorter, wetter and milder. Springs and autumns are getting longer and milder, and autumn in particular wetter. Summer is getting longer, drier and warmer.

These however are longterm trends and this doesn’t preclude occasional cold winter or summer washout, but these are likely to become less frequent. From an arable perspective this means generally a longer growing season. Good on the one hand but beware of the ‘law of unintended consequences’ with changes in rainfall patterns, temperatures and new pests turning up that will bring farmers a different range of problems.

TM: Flooding is of major concern for a range of

5

This is the weather forecast for Scotland in

{2080} Summer

+3.50C Warmer

+4.00C Warmer in Autumn

Some heatwaves

40%

Less rainfall

Winter +1.50C Milder

30%

More rainfall in the east

More extreme weather

90%

Less snow

Source: UKCIP02 Predicted impacts for 2080

reasons. How can we be better prepared for these flood events, which are often extremely local in nature?

AH: There are really four different types of flooding and each brings its own challenges. However research has shown that the more warning you can give with a longer lead time helps all of us to mitigate the impact of flooding. To this end, the Met Office and SEPA have set up the Scottish Flood Forecasting Service which is working towards improved warnings and longer lead times to help the responsible authorities with planning and action.

TM: The sea level is rising – what are the broad implications of this for us and how we live?

AH: Scotland has been fortunate over recent centuries in that the country has to an extent been rising - postglacial iso-static rebound, to give it its scientific name. This means that the impact of sea level rise has been hidden from us. However this period of grace seems to be over and we are already seeing the impact of sea level rise,

for example in the Shetland Islands where they have moved a Neolithic village away from the coast to prevent it becoming submerged. In the longer term this trend of rising sea levels, whilst slow, looks set to place coastal and island communities at an increased risk of inundation by the sea.

TM: Renewable energy is here for the foreseeable future.

The management of energy production from wind turbines and hydro schemes is going to be increasingly important.

How are you working with the energy companies to meet this market demand and how will you look to be remunerated?

AH: The Met Office has a long history of working with the energy industry in all its forms. Aberdeen Met Office for example is one of the principle suppliers of weather information to the North Sea and is increasingly now working with the worldwide oil and gas offshore industry.

We also provide demandforecasting services for energy companies throughout the UK and elsewhere. The Met Office is a Trading Fund and as such has to make a ‘return

on capital employed’. So, in addition to free at point of use services in the form of the Public Weather Service, we provide tailored, paid-for services to Government, Local Authorities, and businesses throughout the UK and the world.

processors have allowed better modeling of atmospheric processes. Add to that the more sophisticated satellite instruments and world- wide cooperation between National Met Services - all have added to the skill and precision of our weather forecasts.

TM: If you are successful in predicting wind and rain for renewable energy producers do you see this as having a market value overseas?

TM: In your view what will be the most significant changes that we in Scotland are likely to experience in the next 20 - 50 years, and is there any more action we should or can be taking now to mitigate against this?

AH: We are very successful at providing wind and rainfall forecasts - indeed the UK Met Office is widely regarded by its peers as one of the best in the world and our capabilities particularly in computer modelling are widely employed in other countries.

We are also one of the two World Area Forecasting Services for aviation, the other being Washington.

TM: Meteorology has advanced considerably in the last twenty years. What has driven this?

AH: The main driver has been improved computing in all its facets, and bigger and faster

AH: Crucially, understanding the impact of climate change on our people, infrastructure and economy will need to be explored in more detail. Global impacts of climate change need to be investigated and understood much more clearly.

Locally, rising sea levels and wetter autumns and winters will increase our flood risk. On the up side however longer growing seasons and milder winters will be good for farming and reduce our winter fuel bills.

We have much to learn!

† International Panel on Climate Change ‡ Research programme funded by DECC and DEFRA providing key advice to UK government on avoiding dangerous climate change.

Living by the waterside John Coleman t: 0131 344 0888 e: john.coleman@smithsgore.co.uk

Greshornish, Skye, comes with jetty and mooring and a price of £850,000

L

iving beside the water - whether sea, loch or river - is an idyllic setting for most people, but it is a dream which comes with a price to match.

plusses for a property. Imagine the breaking of waves, the clinking of halliards, or the gentle lapping of the water's edge. The waterside adds something special.

If the idea of owning a house next to water is an attraction, then expect to pay for the privilege. A beautiful house overlooking a beach or bay with sunsets over the sea and islands on the horizon will command more than the same house, with all the same features and attributes, in an inland setting.

Without water, properties I’ve been involved with, like castles on rocky outcrops, entire islands and archipelagos, cottages and sporting estates, would still have been lovely but they wouldn't have generated so much interest, nor would they have sold for nearly as much.

It’s not only dramatic open sea views that appeal. Quaint harbours with fishing boats or chic marinas with yachts whether the billionaire type or just little sailing boats - all have a special attraction.

Alternatively it could be the roar of a waterfall, the leap of a salmon, or morning mist over a dramatic Scottish loch with mountains reflected in its deep, dark, tranquil waters which appeals . Even burns and ponds are viewed as picturesque Brae Water Fishings, River Spey Offers are invited for these salmon fishings on the world-famous River Spey

Scotland has some of the best coastline in the world. Beautiful coves and inlets, pure white sandy beaches, turquoise clear waters around the western and northern isles, windswept steep craggy cliffs – these features attract interest from across the globe. Salmon rivers from the Spey in the north to the Tweed and the Nith in the south, bring anglers in numbers. Sailing on the west coast is some of the best in the world, and, of course, Scotland’s lochs are world famous for their outstanding beauty, heritage and folklore.

There is much to consider when buying a waterside property here and, since the Land Reform Act, there is no such thing as a private beach. Scotland's rivers and waterways are open to everyone and access to the foreshore is available to all. But public access rarely interferes with the enjoyment of owning a waterside property. White water rafters may disturb a cast on an August salmon run or a hill-walking outing momentarily interrupt the peace of trout fishing on a hill loch. But such incidents are usually few and far between.

and you can fish for trout, you can’t necessarily fish for salmon as these rights can be owned by someone else entirely.

Foreshore ownership is another area often misunderstood although only 50 per cent is owned by the Crown Estate.

If you wish for example to put down a mooring opposite your newly acquired cottage or house, but you don’t own the foreshore, you will need the owner’s consent. This is usually possible and a rent due, but it can’t be ignored. Water-borne noise may also be an issue if a fish farm is close to your waterfront property .

Most sought-after properties are those that have no road between the house and the water, a boat house or a jetty, or easy access for launching a boat. Being not too far from civilisation is also a plus as the life of a recluse does not appeal to all. The potential for hydro power is a further selling point.

There is no rule of thumb when putting a value on property which is adjacent to water and no helpful formula to apply to the price. But acknowledging the sales appeal of water, the feature is always promoted strongly when marketing the property, and prices do reflect the premium aspect of the W-factor.

It still comes as a surprise to many that even if your property runs to the middle of the river

Blair Estate, Ayrshire Blair Estate, close to Turnberry in Ayrshire, is situated in over 500 acres of land and can be sold as a whole or in 4 lots. Blair House, an imposing Victorian property at the top of a long driveway overlooking the Girvan Valley, is set in extensive grounds with lakes, terraced lawns and tennis court.

The house comprises 5 reception rooms, 6 bedrooms, 5 bathrooms and a conservatory, plus an integral 2 bedroom flat. The house has been recently redecorated with a new kitchen and is beautifully presented.

The estate also boasts a substantial farmhouse with 4 bedrooms, 2 public rooms and 2 bathrooms, a separate 2 bedroom cottage, a traditional courtyard of outbuildings, modern farm buildings and 505 acres of land including productive farmland and woodland. There is also a pheasant shoot and opportunities for duck flighting and roe deer stalking.

This delightful mixed Scottish estate with residential, agricultural, forestry and sporting interests is being offered

by Smiths Gore in 4 lots with the asking price for the whole at offers over £2m.

Riparian Woodland Andy Greathead t: 01620 828960 e: andy.greathead@smithsgore.co.uk

Riparian woodlands are found adjacent to streams, rivers and lakes. Their location means that they can influence the nature of the water environment and help to protect or buffer it from activities on adjacent land.

Riparian woodland delivers a number of benefits: • The woodland canopy casts shade over the water surface which helps to reduce extremes of water temperature that can be damaging to freshwater life. This is known as ‘dapple shade’. Shading also helps to reduce excessive weed growth that can choke watercourses.

• Fallen logs and branches can form woody dams and pools that help to enrich freshwater habitats and slow down flood flows, while falling twigs, leaves and insects provide an important source of food for freshwater life.

• The trees, ground vegetation and surface roots can trap sediment and remove nutrients and other pollutants in water draining from the adjacent ground towards the watercourse.

• Bankside tree roots and associated vegetation help to bind and strengthen stream banks, reducing the risk of erosion, siltation and bank collapse.

Underwater roots also provide shelter and homes for freshwater life.

Riparian woodlands also tend to be ecologically rich due to the variety of habitats that they support, also often forming important wildlife corridors that assist migration by linking other woodland and related habitats in the wider landscape.

In the UK, riparian woodland is relatively scarce and fragmented, existing mainly as small patches of wet woodland. The value of this habitat is recognised under the UK Biodiversity Action Plan, which has set targets for achieving both extension and restoration work.

Another benefit of riparian woodlands is their attractiveness to people, being valued both in terms of recreation and landscape views.

But they can also have negative impacts on the water environment. These include: • Some woodland species such as willow and poplar can use a lot of water, which may reduce stream water levels and water supplies during dry summer periods.

• Some woodland species, particularly conifers, can cast too much shade.

This can significantly reduce water temperatures resulting in reduced growth of fish, especially in colder parts of the country. Excessive shading can also lead to bare river banks that are more susceptible to erosion, causing siltation and shallower watercourses.

• Too much fine woody debris in watercourses can restrict fish movement, divert streams and lead to the blockage of culverts and bridges during high flows, with implications for flooding.

So riparian woodlands do present their own set of challenges which Smiths Gore’s forestry management department is equipped to handle, or to give advice.

Planting and management of riparian woodland must comply with the UK Forestry Standard Guidelines on Forests and Water.

These replace the fourth edition of the Forests & Water Guidelines published in 2003 (and all earlier versions). This new fifth edition has been endorsed by the UK and devolved governments and applies to all UK forests and woodlands. The full document can be accessed at www.forestry.gov.uk/ ukfs/water

9

What are the implications of blanket NVZ designation?

Duncan Winspear t:01434 632001 e: Duncan.winspear@smithsgore.co.uk Strathmore and Fife and in Moray and Banff covering just 14 per cent of total land and impacting on around 12,000 farm businesses?

Possibly the most radical proposal in the current DEFRA NVZ consultation in England which closed in mid March is that the whole of the country could be designated a Nitrate Vulnerable Zone.

With 62.1 per cent of England already within an NVZ this is a possibility, and if it doesn’t happen we are heading in that direction. DEFRA’s response to the consultation is due in June.

But could the same measure apply in Scotland where at present there are four NVZ areas in Lower Nithsdale, Lothian and Borders,

England being designated an NVZ outright might be a more equitable approach, as then all farm businesses, the majority of whom are affected anyway, would be complying with the same legislation.

Currently the requirements on farms in the NVZ areas in terms of infrastructure and record keeping are much more rigorous than for their neighbours outside the zones.

For individual farm businesses the effect of land being designated as part of an NVZ is significant. In terms of day-to-day management, land in an NVZ means greater levels of documentation when planning fertiliser and manure applications and also more detailed information being produced and kept once such inputs have been applied.

The impact of NVZ legislation to date in England has been widespread. One of the main requirements is for five months worth of slurry storage on beef and dairy units, and six months storage for slurry and manure on pig and poultry farms.

This has meant significant investment in storage facilities, often costing tens of thousand of pounds. For some, where investment could not be justified or the finance raised, decisions have reluctantly been taken to stop farming dairy cows or intensive livestock. In Scotland potentially the impact would be greater as more farms use a slurry system for cattle rather than straw bedding when compared with England.

The NFU in England has warned that further NVZ designation will bring additional unnecessary costs and red tape - undoubtedly true, but many are bearing this extra burden anyway. There is also

concern over the retrospective application of new standards to old slurry, silage and agricultural fuel stores which, for 20 years plus, have shown no evidence of age-related problems, and no assessment for the cost of compliance for these older storage units has been made. There is also concern over the extension of ‘closed’ periods when slurry and manure cannot be applied.

However for some English units, implementation of NVZ rules means a greater focus now on management of slurry and manure. More slurry and manure storage facilities on farms have enabled nutrients to be applied as and when crops need them. For some farming clients this has allowed significant savings to be made on bought-in phosphate and potash fertilisers as slurry and manures are utilised more effectively.

Scottish Water Incentive Scheme Scottish Water has launched a Sustainable Land Management Best Practice Incentive Scheme for protection of drinking water sources in six catchments. Information can be found at www. scottishwater.co.uk/protectdwsources

Heralded as a ‘new and alternative approach to water treatment’ some commentators have warned that there is a danger that the scheme will reward farmers for doing what they should be doing anyway in terms of compliance with diffuse pollution regulations.

The scheme covers such measures as: whole farm diffuse pollution management advice and technical support, plant protection measures, installation of pesticide loading areas, installation of biobeds, peatland grip blocking, peat restoration, stock fencing, livestock watering and naturalization of watercourse morphology.

The maximum grant per IACS registered business is £20,000, with an application cut off date of 30 November 2014.

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Partnership working to address flood planning within the Water Framework Directive William Hawes t: 01343 823000 e: william.hawes@smithsgore.co.uk Scotland has a reputation for its high quality water environment, both onshore and offshore. Water is a vital factor in our landscape, industry, recreation and power generation. Land owners and land managers will be only too aware of the importance of water and the legislation that governs its use and abuse.

The Water Framework Directive, introduced in 2000 to allow better management of the water environment, was transposed into Scots Law in 2003 as the Water Environment (Water Services) Act (WEWS) to protect and improve the water environment whilst supporting the social and economic interests of those who depend on it. Nowhere can this be better illustrated than on Speyside - at the heart of Scotland’s whisky industry with its world famous salmon catchment.

The WFD also presents a unique opportunity to integrate flood management with other aspects of river basin planning. More recently, SEPA, the regulatory body charged with the protection of the water environment, is also engaged in the implementation of the Flood Risk Management Act that sets out to manage flood risk more effectively and sustainably. SEPA has produced the National Flood Risk Assessment which cascades down into Flood Risk Management Strategies and Local Flood Risk Management Plans.

The Water Framework Directive and Water Environment Water Services Act in practice Parts of the Lower River Spey to the river estuary are in The Crown Estate’s ownership. The River Spey is a Site of Special Scientific Interest (SSSI) and a Special Area of Conservation (SAC) and its owners have a duty to maintain and where possible improve the features of these designations.

The River Spey presents a unique set of management challenges due to its fast changing nature and volatility – dynamic changes in water levels causing flood events, impacts on the river bed, and physical changes to the river’s course.

Working within the complex nature of the WEWS and with SEPA we were able to ensure that an ongoing license (under the Controlled Activity Regulations) was granted in favour of The Crown Estate for minor works to the bed of the Lower River Spey and subsequently, under the Water Environment Act and Water Framework Directive. Further to this The Crown Estate has recently entered into an equal partnership with Moray Council to implement a joint approach. A Crown Estate objective is to favourably maintain and protect its asset, the River Spey, and its future value, with Moray Council objectives to combat erosion and, where possible, reduce the flood risk to the surrounding area. The WEWS framework supports the aims of both parties.

Moray Council and The Crown Estate have engaged jointly with other stakeholders, SEPA, SNH, the Spey Fishery Board and the local community, to explain their ongoing approach which also focuses on future planning, asset management, community engagement and monitoring.

After 1 June this year following the Spring salmon run, and subject to the necessary consents, work has commenced that, in the words of the Water Framework Directive, will ‘protect and improve the water environment, whilst supporting the social and economic interests of those who depend on it.’

Partnership in this instance has been an appropriate way forward, and may also provide the solution for other catchments across Scotland.

11

‘Compensatory measures’ on River Nith attract widespread attention Thomas Florey t: 01387 263066 e: thomas.florey@smithsgore.co.uk The River Nith in south west Scotland is attracting considerable attention in Scotland and beyond because of the measures that the Fishery Board is taking to mitigate against the effects of open cast mining at its headwaters.

The river rises in the New Cumnock area and flows into the sea at Glencaple, six km beyond Dumfries, with its total catchment extending to some 1230 km2.

Increasing surface coal mining activity in the last 15 years close to sensitive fish habitats, and latterly at three opencast sites, has seen complete diversions of the mainstem of the river, requiring detailed input, monitoring, habitat creation and restoration, and restocking of the new river channels with juvenile salmonids. This has so far happened at two locations and several similar operations of this type are planned for the next two years.

In addition, civil construction works particularly have impacted on the river. Part of the mitigation package negotiated by the Board with site operators to offset any consequent adverse impacts on the numbers of juvenile salmonids is the provision of additional indigenous salmonid stocks to restock stretches of the river areas once they have been reinstated.

Did you know that the Savills Malloch Trophy for the largest salmon caught on a fly and released in Scotland in 2011 was awarded to a 34.5lb fish from the River Nith?

There have also been incidents due to mining operations that have resulted in the total loss of fry and parr from areas of the river catchment, and the Nith Fishery Board has countered the effects of these incidents by using its hatchery programme, and a hatchery stock of 1 million eggs per annum, to replace lost fish and maintain the river in good health.

Smiths Gore acts as an advisor to the River Nith Fishery Board.

New Caerlaverock footpath developed by Estate The Caerlaverock Estate, advised by Smiths Gore, has been at the forefront of tourism development in south west Scotland for many years, and incudes among its tenants The Wildfowl and Wetlands Centre, at Eastpark Farm, Caerlaverock, Dumfries. The centre is already ranked as one of the best in Britain and has been shortlisted this year in the ‘Britain’s Favourite Nature Reserve’ category in the Countryfile Magazine Awards 2012.

It’s probably the best-known birding spot in Dumfries and Galloway, famous for its wintering populations of barnacle geese, whooper swans, and numerous species of ducks and waders. Migrating spring visitors include chiffchaffs, willow warblers, blackcaps, sedge warblers – and ospreys. Among the list of other species are Natterjack toads that can be seen and heard on guided walks organised by the Centre.

Smiths Gore has been working with the Estate on the development of a new footpath from the iconic triangular Caerlaverock Castle to the Wildfowl Centre. Partners in the project include Dumfries and Galloway Council, SNH and the Wildfowl and Wetlands Trust, with grant funding from the Southern Uplands Partnership.

This facility, which will have tremendous appeal to both birders and other visitors to the area, will be incorporated into the Dumfries and Galloway Core Path Plan, and will mean it will be possible to walk from the Wildfowl Centre to Dumfries without losing sight of the River Nith or the Solway estuary.

More information from the Wildfowl and Wetlands Trust Centre on 01387 770200 Caerlaverock Castle

Green Highland Renewables

Renewables {Massive potential} 7GW Already installed or consented

60GW Scotland's renewable energy potential up to 2050

100% of Scotland’s equivalent energy needs provided by renewables

Source: Scottish Government: Building a Hydro Nation 2010, and Scottish Government 2012

Thomas McMillan t: 0131 344 0888 e: thomas.mcmillan@smithsgore.co.uk

Hydro are you overlooking a development opportunity?

Many more landholdings in Scotland have the potential to switch onto hydro than currently have done.

Hydro technology has been around for a century plus, and with water in abundance, and the type of terrain we have, hydro is undoubtedly suited to Scotland, but we need to wake up once more to its potential.

Modern hydro technology bears little resemblance to the schemes of the 1950s that mainly required a dam and a substantial reservoir to allow electricity to be generated throughout the year. Now a plus 50kW scheme can plug into the grid and, after the construction phase is complete, leave very little evidence of its installation.

Favoured today are runof-river (high head), or Archimedes screw (low head) technology schemes.

A 50 kW run-of-river scheme needs, broadly speaking a 50m drop and a 5sq km catchment. Such a scheme can cost in the

region of £400,000 from initial scoping and design through to construction and commissioning, with a potential return on investment of between 10 and 20 per cent per annum as soon as it is operational.

The downside of run-of-river hydro is that it is perceived as onerous and risky, and any potential impacts on the watercourse, habitats, biodiversity, SSSIs, Ramsar sites etc are often zealously defended against by the authorities. Beneficial factors can include existing natural or man-made obstacles below the proposed site, which already prevent salmon migration.

Archimedes screw turbines usually require a weir of at least 2m in height on a river, and offer hydro opportunities to lowland landowners. They are often installed at sites with existing weirs and, as they allow fish to pass unharmed to spawning grounds above, often make them favoured

by SEPA Hydro requires funding up front, so the risk is down to the developer to see the process through. Once commissioned, FiTs kick in, currently at 19.6p/ kWh for a 50kW scheme.

For landholders with a viable scheme but unwilling to take the risk of investing in the project themselves, developers can be interested through ‘option and lease’ agreements, usually for schemes sized 99kW and above..

If you have an old, decommissioned hydro scheme on your property, it’s well worth investigating both in terms of meeting your own future energy needs and generating revenue through feeding into the grid.

If you think that there may be a hydro opportunity on your land, Thomas McMillan, Smiths Gore Renewables Specialist would be happy to discuss the options available to you.

Renewables – hot spots Array of sunshine PV developers are currently interested in 10 – 50 MW arrays, with a guideline of 60 acres per 10 MW. Suitable land includes old airfields, landfill, or quarry sites – in fact, anything that is not Grade 2 or 3 arable and is close to an electrical

substation/three-phase power line presents an opportunity.

Post construction sheep grazing around and beneath the PV panels is viable and encouraged.

Rental income is considerably greater than for grazing lets, and developers are paying all costs including legal and agency for the right sites.

Life after Dairy Any farmer considering coming out of dairy could think about replacing milk production with anaerobic digestion (AD). Running a 500 kW AD plant requires approximately 600 acres of maize or grass silage feed stock for the digester.

Developers customarily expect the landowner/farmer to achieve consents for planning and the necessary grid connection. The developer will then acquire those consents from the landowner as well as putting in place a fixed term contract for AD feed stock. Not to be sniffed at.

13

Foreshore – asset or liability?

Mark Fogden t: 01343 823000 e: mark.fogden@smithsgore.co.uk

Ownership and management of the foreshore comes with its own unique set of problems and opportunities, and Scotland has a lot of it – just over 9900 km of mainland foreshore, increasing to 14,500 km when the islands are taken into consideration also.

There is an assumption, often misquoted by the media and politicians in particular, that Scotland’s entire foreshore is owned

by The Crown Estate, but that’s not the case. Around 50 per cent is actually owned by The Crown Estate, with the rest in public or private ownership. This differs from the territorial seabed which is almost entirely an ancient possession of the Crown in Scots law, the exceptions being some small scale coastal sites associated with harbours or other developments and an area in the Firth of

Forth, which was sold to the Port of Leith in the 1930s.

Foreshore, which is also covered by the statutory planning system, is the area between mean annual low and mean annual high water, and tends to be linear, resulting in a strong ownership position where a developer requires access for any part of their project across the foreshore from sea to land or vice versa.

interconnection from offshore to onshore, for wind, wave or tidal power, will require the foreshore to be transected by pipelines, cables and other services.

Historically, foreshore was considered of little value. It fell outwith the scope of ‘normal’ development, it required very little management input, and activity was limited to moorings, licenses for wildfowling, or ensuring that outfalls complied with relevant environmental designations.

A tendency has been for developers and energy operators to offer very low capital payments based on pipeline rates with incentives for early signing and long leases far beyond the design lifespan of the technology. However, landowners should remember that the foreshore presents an opportunity for revenue long term, and some have been able to agree annual revenue payments with base rents linked to megawatt output, and topup rents linked to market fluctuations.

However, the growth in marine energy generation has once again brought the foreshore sharply back into focus. Offshore wind is a ‘hot’ issue as illustrated in the Menie Links golf course development debacle, and

For owners, the foreshore potentially is a revenue earner, and they would be advised to seek professional advice in relation to access, leases and development where the requirement arises.

Hydro in the Cairngorms National Park Gordon Kerr t: 01738 479180 e: gordon.kerr@smithsgore.co.uk

A

lmost three years after a day spent with a colleague interviewing potential hydro consultants to take forward a project on a Highland sporting estate, I attended the Cairngorms National Park Authority planning committee meeting in early March this year and was delighted to report to my client that the Authority had approved the application for a 650kW run-of-river scheme and a 50kW low head scheme on the Pitmain Estate at Kingussie.

During the three year period, and project managed by Smiths Gore, there were a number of consultants engaged to undertake the required studies and surveys of the water course, potential pipeline route and surrounding land. These requirements should not be under-estimated and included topographics, ecology, archaeology, electrical engineering, civil and dam engineering and perhaps most importantly hydrology to monitor water flow rates, and a fisheries consultant to review impacts of the schemes on migratory fish.

The study and survey conclusions were collated and, in conjunction with an environmental impact assessment (EIA), detailed design plans and photomontages, the planning application was submitted. The estate worked closely with the National Park’s planning team to design a scheme that was in keeping with planning policy and aesthetically pleasing to the owners who were keen to develop a renewable energy source that was low impact on the surrounding environment.

The estate is also working closely with the local community who are seeking to develop a 15kW scheme down river utilising Archimedes screw technology.

The estate is providing engineering advice to assist with the development of the community scheme.

In line with the development of any project of this scale it is crucial to engage with the appropriate statutory bodies and local communities at an early stage to ensure its smooth delivery, and that all parties’ interests and concerns are considered and met wherever possible.

{Hydropower in Scotland} Accounts for

11% of all Scottish electricity generation, or 1.4GW hours from 145 hydro schemes

50% of all Scotland’s hydro schemes are in the Highland and Islands.

Source: Scottish Government: Building a Hydro Nation 2010, and Scottish Government 2012

14

News in brief Alasdair Sibbald, Smiths Gore, says: “This is the first

been so well looked after by the APA and RTPI and for

time the scheme has been run. Every bit of effort helps,

being offered such a fantastic opportunity."

and we would encourage others to get involved in similar schemes in the future to keep on top of flytipping - an

Smiths Gore - Office Moves

ongoing issue and a blight on Scotland’s countryside.”

Our Perth office has relocated from Scone Palace where it opened with a staff of two three years ago to 13 Marshall Place, Perth on the South Inch. The now six strong Smiths Gore Perth team is led by Douglas Ogilvie, Partner.

Our Edinburgh office has re-located from its previous base in Bernard Street, Leith to 22 Young Street in the City Centre, and all departments previously in Leith are Alison Thain celebrates 30 years with SG with Mark Fogden, Partner, Fochabers

now located at the new address.

East Lothian dumped tyres blight

All office addresses, post codes and phone numbers

Alison Thain – 30 years with SG

Nikola Miller in LA

Alison joined Smiths Gore in 1982 under Sir Robert

After being presented with the RTPI Young Planner

Clerk OBE straight from school as an accounts assis-

of the Year award in February, Nikola Miller of Smiths

tant at the firm’s offices, 7 The Square, Fochabers.

Gore's planning team in Edinburgh, recently visited Los

Since that time she has worked with six partners and

are shown on the back cover.

Professional Tree Inspection Course passes

Angeles for a prize-trip to the American Planning As-

Iain Anderson and Peter Topham of our Fochabers

sociation's (APA) annual conference.

and Haddington offices respectively have recently undertaken training and assessment over three days in

seen the firm grow from 13 to 30 offices UK wide.

The conference itself hosted 5,000 planners from across

Professional Tree Inspection. This advanced course

Whilst Alison continues as accountant, in 1982 the of-

the globe and focused on

for tree inspection has arisen out of recent high profile

fice had only one computer (which was kept in a sepa-

the theme Re-imagine,

cases where falling trees with a foreseeable defect have

rate room and shared by all the staff) and double entry

Re-invigorate, Re-invent

caused injury or death. Tree owners have a statutory

handwritten ledgers were the order of the day. Today,

LA celebrating good plan-

Duty of Care and tree inspections form part of a defen-

as well as being office manager Alison also manages,

ning and the work that

sible system for the owner.

amongst other responsibilities, the rental ledger for one

planners do across the

of the firm's leading national clients.

states and internationally.

Smiths Gore tree surveyors are qualified to industry

Over the course of the

standard by gaining their Professional Tree Inspec-

Alison lives in Buckie with her husband John, and en-

four

tion Certificate provided by LANTRA, the Sector Skills

joys walking and gardening in her spare time.

Nikola

Keep Scotland Beautiful

day

American Nikola Miller in LA

conference,

attended

the

Council for land based and environmental industries.

Planning

Awards lunch, drinks re-

The intensive Professional Tree Inspection course

ceptions with young pro-

culminates with an examination where the pass rate is

Our Haddington office has recently organised the re-

fessionals and the APA, and an International Dinner

70 per cent. Passing this course means that both Pe-

moval of nearly 4 tonnes of illegally dumped tyres in

event at the world famous Walt Disney Concert Hall, as

ter and Iain are qualified to undertake tree surveys for

East Lothian with the help of grant funding through Zero

well as attending numerous sessions on a wide variety

clients of Smiths Gore to help them deliver their Duty

Waste Scotland.

of planning topics.

of Care.

The grant scheme was organised by Keep Scotland

Nikola says: "My trip to LA was an amazing chance to

Beautiful, who estimate the cost of cleaning up illegally

meet world leaders in planning, and to learn so much

dumped material at £11 million annually. On average,

not only about the city of LA, but about the American

land managers spend up to £1000 per year clearing up

approach to land use planning. I'm honoured to have

flytipped waste.

RIVER CARRON ALERT

Raw sewage discharge into River Carron – Firth of Forth

Scottish Water has acknowledged that of the 20 CSOs on the Carron system only four are screened, and that 16 will discharge sewage directly into water courses which, from an environmental and public health standpoint, is unacceptable.

The River Carron Fishery Management Group (RCFMG) in its latest newsletter has highlighted problems in relation to Scottish Water’s planned investment to address

RCFMG, with Communities Along the Carron Association, the Falkirk Invasive Spe-

pollution issues on the River Carron.

cies Forum and the 16 communities on the Carron are lobbying for a budget to be urgently assigned to Scottish Water to deal with this pollution as a priority.

There are four Scottish Water sewage treatment works (STW) that discharge treated sewage effluent into the river. In addition, there are 20 combined sewer overflows

Toby Metcalfe says:

(CSOs) that discharge untreated raw sewage into the river when sewers reach

“The RCFMG newsletter highlights the efforts of many committed people and groups

full capacity.

to continuing the restoration of the River Carron. It is simply unacceptable that we continue to dump raw sewage directly into our rivers. We have asked Scottish Water

Since last year, RCFMG has been trying to establish Scottish Water’s plans to

to provide information to us for this Newsletter on its capital investment programme,

address pollution issues in the River Carron catchment, and particularly regarding

including urgent action required on the Carron, but so far no information has been

problems downstream from the Denny STW.

made available to us.”

15

THE PULSE

Scotland’s water is a tremendous asset, but where does its value lie from your perspective?

Ian Cartwright Managing Director, Green Highland Renewables Huge untapped potential still exists for ‘run of river’ hydro schemes in Scotland. If developed these could provide ‘green’ energy with minimal environmental impact for future generations. The history of the Scottish Highlands is inextricably linked with hydro generation with the first industrial schemes having been built in the late 1800s to serve the fledgling aluminium industry. These schemes, still in operation, are regarded as an important part of our heritage. We need to continue to develop our natural resources to provide continuing employment and income into areas where there are few other opportunities for predicable income.

Lindsay MacMillan Water Management Lecturer, Centre for Mountain Studies, University of the Highland and Islands The mountains and uplands of Scotland give rise to its abundance of good quality water.

The value of this water is multi-faceted and intrinsic to the prosperity and wellbeing of Scotland – our economic and social wellbeing, Scotland’s unique environment and many of our key industries - hydropower, distilleries, agriculture, fishing and tourism, depend upon it. Its value is not simply as a commodity but as a fundamental element of our environment that makes Scotland unique. Managing the conflicting demands of the future is the challenge that we face today.

Christopher Hadley Partner, Smiths Gore, Haddington

David Sigsworth Chairman, SEPA

The pressure is on from an agricultural viewpoint - in terms of future resource, pollution and regulation. It’s vital for farmers, arable, livestock or mixed, that they have enough water now and tomorrow. Changing weather patterns are affecting the availability of water down south, and while we don’t have those same constraints, we must be alert to that possibility.

Water is essential to our environment, economy, and health. Scotland is renowned for its world-famous lochs, world-class rivers and characteristic coastline. Scotland’s water is a major visitor attraction and the environment for many recreational activities. It is fundamental to iconic Scottish products, including whisky and salmon, and increasingly a renewable energy powerhouse. But water is also essential to our health, and that of all aquatic life, so protecting Scotland’s water is rightly a SEPA priority.

In addition, safeguarding the quality of what we have is essential and cross compliance is not just an empty threat.

Gavin Hewitt Chief Executive, The Scotch Whisky Association

Andrew Wallace Chairman, Rivers and Fisheries Trusts of Scotland

The Scotch Whisky industry values and cherishes Scotland’s water, one of the country’s great assets, and we do all in our power to keep it pure – one of the objectives of our environmental strategy. Water is part of the natural environment in which we live and work. Without it, we could not make the best whiskies in the world, whether we use the water for distilling, cooling, bottling or simply to take with our dram.

Scotland’s water is a vital part of our natural capital. Its responsible use is of enormous value to our society’s environment, business, recreation and health. Scotland’s abundance of freshwater can and has bred complacency and pressure on our freshwaters continues to grow, both through commercial use and through climate change. In the south-east of the UK we can now see how close we are to serious freshwater resource problems, a situation we can and have to avoid in Scotland.

Scotland Offices Berwick office

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