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'Enough is enough' plea by Dingwall householder over three-year spoil 'mountain' saga


By Hector MacKenzie

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Building work Dingwall..Kenny Mackenzie surveys the dumped earth which has now become overgrown....Building work Dingwall.Picture: Gair Fraser. Image No. 043442..
Building work Dingwall..Kenny Mackenzie surveys the dumped earth which has now become overgrown....Building work Dingwall.Picture: Gair Fraser. Image No. 043442..

A ROSS-shire engineer who has watched trees sprout on mountains of spoil stored "temporarily" in a field next to his property three years ago has slammed "contemptuous disregard for planning constraints" and demanded action.

At the heart of Kenny Mackenzie's "enough is enough" ultimatum to councillors, planning chiefs and contractors is a concern over the impact on drainage of land set aside for a stalled housing development.

As the local authority confirmed it is "considering" enforcement action, Mr Mackenzie has shared photos of sink holes he first brought to the attention of Highland Council more than 10 years ago.

An application by Dingwall-based O'Brien Properties for the erection of 15 houses on land near the town's St Andrews Road remains live but has stalled pending further information to satisfy council chiefs on drainage arrangements to satisfy its flood risk team.

Mr Mackenzie, who has 40 years' experience as an engineer, says in a letter to local planning chief Daffyd Jones that he has already witnessed "the fairly predictable and expected result of dumping thousands of tons of spoil to a depth of 20-40ft in the adhacent field" in terms of drainage impact.

He said: "At the time the residents were assured in the local press by the local authority and Highland Housing Alliance that this was temporary storage and the spoil would be removed within six weeks.

"The mounds are now overgrown and saplings are sprouting.No one knows what has been buried on this site. Recently my grandson unearthed a lump of tarmac road surfacing. The area is now used as a shortcut by residents of St Andrews Drive and an adventure playground by the local children.

"The local area drainage gets slowly but steadily worse due I am sure to an increase in the water table level and increase in pore pressure in the subsoil. Prior to dumping this field was known to be prone to sinkholes and badly faulted. Were any surveys undertaken to give assurance that the area was fit to take the substantial load?"

Mr Mackenzie has previously voiced concerns about sinkholes on the land and says drainage remains a major issue.
Mr Mackenzie has previously voiced concerns about sinkholes on the land and says drainage remains a major issue.

He has asked when enforcement action will be taken following years of empty assurances.

Dingwall and Seaforth councillor Margaret Paterson said: "I think that Kenny Mackenzie has been very patient over many years that he has had to put up with this unacceptable mess. When I complain to planning I am told that they are waiting for information re the planning application. In this situation enforcement action should be taken as this has gone on long enough. It is unfair that Mr Mackenzie’s quality of life is spoilt by this unfair situation."

Building work Dingwall..Kenny Mackenzie in his back garden with the tonnes of dumped earth behind his fence....Building work Dingwall.Picture: Gair Fraser. Image No. 043442..
Building work Dingwall..Kenny Mackenzie in his back garden with the tonnes of dumped earth behind his fence....Building work Dingwall.Picture: Gair Fraser. Image No. 043442..

Highland Council said: "We will be responding directly to Mr Mackenzie. There is a live planning application currently under consideration on the site submitted by O'Brien Properties Ltd. This has not yet been concluded due to a lack of sufficient information regarding drainage arrangements to satisfy the requirements of the council's Flood Risk Management Team. However, the application cannot remain undetermined. If planning permission is not forthcoming then Enforcement Action will have to be considered to secure the removal of the stored topsoil."

O'Brien Properties were approached for comment but had not responded as we went to press.


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