Condition 8 Discharge Report

Department Of Infrastructure ### Memorandum TO: Mr Michael Gallagher, Director of Planning FROM: Mr Steven Stanley, Planning Officer REF: Submission for the discharge of Condition 8 of planning application 10/00544/B DATE: 6th January 2012 This report has been compiled to assess the information received by the Planning Authority 6th January 2012 in accordance with Condition 8 of planning application 10/00544/B. The condition was recommended by a person appointed ("Appointed Person") by the Council of Ministers (CoMIN) to consider the application. The approval notice for this application was issued 23rd December 2011. CoMIN determined to approve the application subject to a total of 8 conditions. Of the conditions attached to the application, Condition 8 is the only one which requires the applicant to submit information to the Planning Authority for approval prior to development commencing. Condition 8 states: "No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Planning Authority. The approved statement shall be adhered to throughout the construction period, and shall provide for: i) The parking of vehicles of site operatives and visitors ii) The loading and unloading of plant and materials iii) Storage of plant and materials used in constructing the development iv) Wheel washing facilities v) Measures to control the emission of dust and dirt during construction vi) The fencing of the site vii) The establishment of a local liaison committee, and a protocol for receiving and answering representations from the public viii) The meeting of the local liaison committee prior to the commencement of development, and at least once every 6 weeks, and the publication of agendas and minutes." Paragraph 114 and 115 of the Appointed Person's report provide the rationale behind Condition 8, stating: "The Planning Authority also offered a text of a condition which would require agreement of a Construction Method Statement (CMS). This was neither supported nor opposed by the Authority's witness. It was requested by the Highways Department. Residents considered, from experience so far, that firmer controls were necessary, but considered that such a condition would not be either observed or enforced. They evidenced a requirement to install a wheel wash which had not been complied with. The Applicant considered a CMS unreasonable, since it would provide unreasonable local residents with a stick with which to beat the builder." "I have little doubt that residents will have found past construction in the area disturbing. No doubt their sensitivity is heightened by their dislike of the development of this area, and the prospect of several years more development. On the other hand, it is the developer's business to build, and this cannot be done without disruption. I accept that enforcement of rapidly changing activities is extremely difficult. In my view it would be beneficial for a CMS to be in operation. However, this should be the basis for meetings of a liaison committee between builder, planning enforcement officer, and a representative of residents. Ideally this should be their elected representative, either a Commissioner or MHK." The submission sets out the following: This CMS provides for the activities outlined by condition 8 of the Council of Ministers' approval notice dated 23rd December, 2011. - (i) the parking of vehicles for site operatives and visitors; a dedicated parking area will be provided within the site boundaries for use by site personnel & visitors. - (ii) the loading and unloading of plant and materials; all loading & un-loading is to be undertaken within the development site boundaries. Where delivery vehicles do not have self-contained handling equipment, loads are to be loaded & un-loaded by means of site based mechanical handling equipment (Loadall). - (iii) storage of plant and materials used in constructing the development; all plant and materials to be stored within the development site boundaries. - (iv) wheel washing facilities; in the event of the wheels of delivery vehicles becoming contaminated with mud & soil, they will be washed using a pressure washer in a dedicated location to be discussed and agreed with the local liaison committee. - (v) measures to control the emission of dust and dirt during construction; the following measures will be implemented to eliminate/reduce any possible nuisance caused by dust or dirt: - a) a water bowser will be used to wet down construction routes on warm windy days; - b) the roadways will be swept as required using a 'Loadall' with a 'roadbrush' attachment; - c) as and when needed, a 'roadsweeper' will be hired in to sweep the estate roads (and highway if necessary); - d) the migration of dirt outside of the site boundary is to be controlled by checking of vehicles prior to leaving site & where necessary the washing of wheels. - (vi) the fencing of the site; the compound and any 'active' site areas will be fenced off with 2m high 'Herras' fencing. Appropriate safety signage shall be erected on the perimeter fencing and entrance gates. - (vii) the establishment of a local liaison committee and a protocol for dealing with public representations; the committee will, as recommended by the Inspector, consist of representatives of the developer (Mr. Ciaran Downey, Housing Director), the planning authority (Mr. Jason Singleton, Planning Enforcement Officer) and local residents (the MHK for Peel or a Peel Town Commissioner). In the event of a committee member being unavailable for a meeting then a suitable replacement will attend – for Mr. Downey and Mr. Singleton this will be a colleague, for the political representative it will be a Peel Town Commissioner. At the first meeting of the liaison committee a protocol will be agreed for dealing with representations, i.e. advising members of the public who to contact and establishing a communication strategy. (viii) the meeting of the committee and the publication of agendas and minutes; the liaison committee will meet prior to the commencement of development and then at least once every six weeks. The publication of agendas and minutes will be the responsibility of the planning authority member unless otherwise agreed by committee members. Having regard to the purpose of Condition 8 as set out in Paragraphs 114 and 115 of the Inspector's report and the specific wording of the condition, it is judged that the information submitted complies with the objectives and requirements of the condition and accordingly it is recommended that the information be accepted as being satisfactory to discharge Condition 8. 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