A decision to drain Loch Fitty in Fife to make way for an opencast coal mine could be challenged by people living nearby.
The Scottish Environment Protection Agency (Sepa) has granted a licence for Scottish Coal to press ahead with the excavation of up to 3.4 million tonnes of coal at the beauty spot after Scottish ministers decided not to call in the company’s application.
Kingseat Community Council, which has been fighting to keep the loch, said its battle may not be over yet. When it next meets the community council will discuss the option of lodging an appeal with the European Commission.
Chairman Forbes Stuart said: “I don’t think we’re surprised by this, but we’re disappointed. Sepa as a body is meant to represent communities, but we felt they never really consulted with us at all.”
Loch Fitty is considered to have poor ecological status and Sepa believes Scottish Coal’s proposal could eventually improve it.
However, Mr Stuart said one of Sepa’s own reports had put a question mark over how much the water quality would be improved.
“It would be round about 2030 before water quality would really be sufficient to support fish,” he said.
Scottish Coal first approached Sepa about the proposal in 2009 and lodged a formal application for the drainage of Loch Fitty in 2011. Planning permission has already been granted for coal extraction.
The company has drawn up plans to restore the loch following a six-year excavation period and say the development would safeguard 89 local jobs, create a further 52 jobs and support local businesses.
Work to drain the loch will be monitored by Sepa to ensure it complies with the Water Environment (Controlled Activities) (Scotland) Regulations.
Sepa area manager Colin Anderson said: “When all the positive and negative aspects of the proposal are taken into account, Sepa is of the opinion that, on balance, this proposal will result in a better water environment longer term and that the proposal is therefore consentable.
“Sepa carefully considered every aspect of the proposal when determining Scottish Coal Company Ltd’s application for a licence and specialist advice was sought from officers throughout.
“With a proposal of this nature there will, of course, be some negative aspects, such as the concerns expressed by local residents in relation to the temporary loss of a local amenity.
“However, the proposal offers the opportunity for a loch that is currently at poor ecological status to achieve good status about 10 years earlier than other options available to us would allow.
“We now hope to work constructively with Scottish Coal Company Ltd, Fife Council and the local communities to ensure that this project continues to provide the best possible option for the improvement of Loch Fitty.”