Planning Officer Report

Application No.:	12/01025/B
Applicant:	Douglas Borough Council
Proposal:	Creation of a recycling bulking up area
Site Address:	Operational Service Centre Isle Of Man Business Park Douglas Isle Of Man IM2 2QY

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS A FORMAL ENVIRONMENTAL STATEMENT HAS BEEN SUBMITTED IN CONNECTION WITH THE APPLICATION

The Site

1. The site is an area of 0.9ha (2.3 acres) of land situated at the end of the southernmost access into the Isle of Man Business Park. The site backs onto the playing fields associated with Ballacottier Primary School. To the south west is a row of individual industrial units and to the west is the Greenhill Communications Centre - Manx Telecom's facilities.
2. The application site accommodates a range of operations run by Douglas Corporation, including administration, disaster recovery computer facilities, training facilities for health and safety, maintenance and storage including vehicle storage of road sweepers and refuse wagons. The facility was permitted under PA 04/1341. That application provided supporting information which clarified that "The centre will not accommodate any "dirty" services or waste transfer operations, there will be no noisy activities on site and all vehicles will be washed daily".

The Proposal

1. Proposed is the introduction of a recycling bulking up area within the site. This will involve the receipt, processing and storage of materials (glass, plastics, cans, paper and textiles) from both the kerbside and bring-bank collection points throughout the Borough's area. The area for most of these operations is at the rear, alongside the playing fields, 590 sq m in area. The sorting will include can sorting, baling, loading and moving the baled goods within the site for onward shipment (including forklifting and conveyor belt moving). The baling and can sorting will take place within the building and bays introduced in the yard at the rear for the sorted goods. Glass will be tipped into a contained for onward use at a processing plant, plastics will be tipped, baled and stored prior to shipping to the UK, cans will be tipped and stored, separated and baled for shipping, paper will be tipped and baled and textails will be delivered in sacks and stored internally prior to shipment.
2. There is a one-way traffic system within the site where traffic enters the site and passes round to the east of the building, round the back and past the western side of the building before exiting onto the estate road past the jet washing area. There are provisions within the site for dealing with dust, fires, noise, litter and drainage issues.

Case Officer :	Miss S E Corlett
Photo Taken :
Site Visit :
Expected Decision Level :	Planning Committee

1. The fenced area at the rear will be used for the storage of cans, textiles, glass and plastics - the paper and cardboard will be kept inside - before collection for onward shipping. The operation is not thought to generate any significant additional traffic movements.

Planning Status And Policy

1. The site lies within an area identified on the Braddan Local Plan of 1991 as an area for which a Master Plan was to be formulated to include industrial uses, science-based industries, high density housing, landscaping and secondary school of approximately 16 acres. The site as a whole was the subject of a number of applications which have created the business park with the higher density industrial uses in the south eastern end of the area and the lower density corporate headquarters in the north western side.

1. Douglas Corporation's facilities were developed under PA 04/1341 and has been operational since then.

1. As such, the following Strategic Plan policies are considered appropriate for this site:

Waste Policy 1:

"Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling or recovery or materials from waste will be permitted provided that:

a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy;

b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby;

c) there would be no unacceptable adverse effect on:

i. landscapes, geology/geomorphology and features of special interest or attraction ii. Ancient Monuments or their settings iii. Registered Buildings or their settings or features of architectural importance iv. the character and appearance of Conservation Areas v. suites of archaeological interest vi. sites containing species or habitats or international, national or local importance vii. land drainage and water resources viii. areas of woodland or the Island's timber resources or ix. designated National Heritage Areas. d) the proposal is acceptable in terms of access arrangements and highway safety e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping f) the proposal does not sterilise other significant mineral deposits g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike.

Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations of facilities referred to in this policy will require the submission of an Environmental Impact Assessment."

Planning History

1. The site has been the subject of no applications other than the 2004 application referred to above.

Representations

1. Braddan Parish Commissioners indicate that they do not oppose the application.

1. The Highways Division indicate that following the receipt of further information they have no objections to the application.

1. Mr. David Quirk MHK for Onchan writes in on behalf of an unnamed constituent expressing concern that the officers had indicated to the Corporation that an Environmental Impact Assessment would not be required and that perhaps different criteria were being applied to different circumstances.

1. A representative of Tel's Limited, Snugborough expresses similar concern about the lack of an EIA and that the application implies that there is no change of use implied by the description of the development and refers to an application of theirs, PA 10/0979 which was refused at appeal, the inspector referring to the criteria listed in the Waste Policy against which any application for waste recycling should be considered and noting the need for an EIA, which had not been provided with that application. Following the submission of further information, this party sought clarification that the information which had been submitted satisfied the Department in respect of the EIA which was required by policy to be submitted for this type of operation.

1. The Isle of Man Water and Sewerage Authority recommend that it is an offence to discharge polluting material into the mains drainage. This is a matter for the Drainage Authority and is not a material planning concern.

ASSESSMENT

1. Recycling plays an important part in the processing of the Island's waste, with Waste Policy 1 highlighting that landfill should be the last resort, after reducing waste creation, reusing what is created and recycling what can be. There are currently similar operations taking place in Snugborough industrial estate in Union Mills and photographs are provided of that facility. There is clearly an acknowledged need for this type of facility within the Waste Management Strategy. Whilst there is criticism that the application does not make it clear that there is a change of use involved in the application, this application differs from the Tels' application which is cited in that that proposal involved the introduction of waste processing on a site which was designated for industrial use. The application site is not designated for industry but has developed through approvals for a series of developments which culminated in a service operation centre operating on this site and whilst planning permission is required for the introduction of the waste processing, this does not change the use of the site as an operational service centre for the Corporation. The application thus does not change the use of the site but introduces another use which is compatible with the description of the development taking place here and also the range of uses which are undertaken here.

1. The facility is around 56m from the nearest residential curtilage, 43, Farmhill Meadows, which lies across the school playing field to the north. Traffic will not significantly increase as a result of the proposed operations and in any case will utilise a road network already used by industrial traffic which is on the other side of the site from the side which faces the residential properties across the playing fields.

1. The applicant has provided information on how they will deal with noise, dust, drainage issues and litter and also vermin nuisance including bees and wasps which can be a problem when dealing with processing cans. The information provides details of the amount of waste to be processed and/or stored on the site, totalling around 2200 tonnes per annum of paper, cardboard, glass, plastics, metals and textiles from the household collections, the civic amenity and bring bank sites and commercial recyclable waste collections. The cans and plastic bottles will be stored in 1 tonne bulk bags before being sorted and baled, paper and textiles will be delivered straight into the building prior to being baled and glass will be delivered into the designated bay before being moved to a skip for forward transportation. The materials will be stored for as short a period of time as possible before being shipped. The cans, paper and plastics will be baled in a horizontal baler prior to onward shipping and a

can sorter which includes a magnetic separator will be used prior to baling. A skid steer telehandler will be used on the site to move baled material for onward shipping and a conveyor system used to load paper and material onto trailers for shipping. The storage bays will be subject to daily and continuous inspection and any defects recorded. At the end of each working week the hardstanding area is inspected for blockages, structural issues or silting is recorded. Drainage facilities are subject to a weekly inspection as well as an annual check of the efficiency of the pipework. Whenever material is delivered there is a minimum of two staff members present. The bays are clearly labelled for ease of delivery. If contaminated material is found then it is removed to a quarantine area.

1. The applicant has indicated that there are to be no anticipated discharges of material to the mains drainage, which in any case has an interceptor installed. There are anticipated to be no significant increase in noise levels through only a limited number of deliveries and much of the activity undertaken within the building. The proposed activity will be undertaken with a background of vehicles, including refuse wagons coming and going and at the time of the site visit, a refuse wagon was hoisted for cleaning/inspection on the western side of the building alongside the exit route.

1. There are no likely impacts on flora, fauna, features of architectural or archaeological interest and this is stated in the submission. As the site is contained and the operations undertaken within the building or within a hard surfaced area, there is not likely to be any impact on pollution or contamination nor will there be issues with mud or tracking material onto the highway. Standard operational practices on site can deal with accidental spillages should they occur. Vehicles leaving the site will be stopped by site staff if there are defects discovered or any material adhering to the bodywork. The site has signage which displays the operator name, contact details and hours of operation. The site is lit at a minimum level necessary for the safe operation of the site and is not open to the public.

1. The material to be recycled is non odorous and smell nuisance is monitored by site staff - any malodorous material would be removed.

1. All the storage bays are fitted with gates and it is the responsibility of the site staff to monitor for escaping material or litter issues. The site is checked at the end of the working day and the removal of any fugitive material is the responsibility of the site staff daily routine. Vermin issues will be reduced by keeping the time when material is stored on site to a minimum. Staff are responsible for monitoring the presence of vermin and pests. The site is not operational particularly early or late and as such the operations are not likely to create noise issues. The site lies within a commercial area with residential properties some distance away and a telecommunications centre lies to the immediate north west and commercial/industrial units to the south west and a timber yard beyond that.

1. The site does not lie within a sensitive landscape in terms of Conservation Areas, Registered Buildings, National Heritage Areas, archaeology, ecology or other features of interest or value. The site is out of public view and the sight of most people. No trees or vegetation will be affected by the proposal.

1. Any fires occurring at the site will be dealt with as an emergency: if an ignited load is received then the area will be cordoned off and if appropriate the site would be closed down and the fire brigade called. Extinguishers are available on site and there is an agreed procedure for action.

1. Site staff are responsible for the control of dust, fibre and particle emissions and any activities causing such a situation would be immediately suspended until the situation can be resolved. Monitoring of dust takes the form of visual inspections of loads upon discharge and on-going inspection of the site area and boundary by site staff.

1. Whilst an Environmental Impact Assessment of the scale sometimes received in connection with waste processes has not been provided, the issues which would need to be addressed in such an Assessment have been addressed in the application (see above). It is relevant also that in Appendix Five of the Strategic Plan, which deals with EIA, in the list of projects which will require the submission of an EIA, waste-related operations only qualify where they are for the disposal of waste, not processing or recycling. EIA is described in "Environmental Impact Assessment: a guide to procedures" published in 2000 by the UK Government, as "a procedure that must be followed for certain types of project before they can be given 'development consent'. The procedure is a means of drawing towards, in a systematic way, an assessment of a project's likely significant environmental impacts. This helps ensure that the important of the predicted effects, and the scope for reducing them, are properly understood by the public and the relevant competent authority before it makes its decision". (paragraph 1). The document goes on, "More thorough analysis of the implications of a new project before a planning application is made, and the provision of more comprehensive information wit the application, should enable authorities to make swifter decisions" (paragraph 4). It also states "The statement must include at least the information included in Part II and such of the information in Part I as is reasonably required to assess the environmental effects of the development and which the applicant can reasonably be required to complete" (paragraph 31). "The comprehensive nature of the checklist at Appendix Five should not be taken to imply that all environmental statement should cover every conceivable aspect of a project's potential environmental effects at the same level of detail They should be tailored to the nature of the project and its likely effects. Whilst every environmental statement should provide a full factual description of the project, the emphasis of Schedule 4 is on the main of significant effects to which a project if like to give rise. In some cases, only a few of the aspects set out in the checklist will be significant in this sense and will need to be discussed in the statement in any great depth. Other issues may be of little or no significance or the particular project in question and will need only very brief treatment, to indicate that their possible relevance has been considered (paragraph 32).

1. The procedures require that applications containing environmental statements are publicised by way of a site notice and advertisement in the local newspaper. These are not procedures which are specifically followed in the Isle of Man although the application is advertised in the local press and a site notice is put in place. When the application was initially submitted, this procedure was followed although after the submission of the Environmental Statement, the plans were circulated to the parties who had expressed an interest but the application was not re-advertised as it was considered that parties who would be affected would have submitted views in response to the first notification and the further information did not increase or change the impact of the development, merely provide additional information on it - some of which was already provided in the initial submission. The document consistently refers to developments and their significant impact on the environment. It is not considered, having viewed the application and the accompanying information, that this development will generate a significant impact. Also, the document lists projects which would require an EIA in all cases including waste disposal installations which as described would not automatically include recycling facilities such as are proposed here. The document also includes reference to scale in the determination of whether an application would necessitate an EIA.

1. Schedule 4 lists the items which are required for an EIA. This includes reference to "the information referred to in Part I of Schedule 4a as is reasonable required to assess the environmental effects of the development and which applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile but that includes at least the information referred to in Part II of the Schedule." This refers to a description of the development comprising information on the site, design and size of the development, the measures envisaged to avoid, reduce and if possible remedy significant adverse impacts, the data required to identify and assess the main effects which the development is likely to have on the environment, an outline of the main alternatives studied

by the applicant or appellant and an indicated of the main reasons for his choice, taking into account the environmental effects and a non-technical summary of the information provided.

1. In this case, the application provides the relevant information on all of these aspects other than the alternatives. Further information provided by the applicant indicates that the existing bulking up facility at Snugborough is reaching its capacity and would preclude future explanation of the service. Also, not all the collected materials are taken to Snugborough due to the physical limitations of the site and the lack of an adequate covered area for paper stockpiling: the paper is taken to the Energy From Waste Plant and is an additional journey. They also suggest that access to the Snugborough site is narrow and can sometimes lead to access difficulties for them and for other site users. The applicant considered remaining at Snugborough which was discounted due to its limitations, relocating to another site on a leasehold basis which would be dependent on appropriate facilities being available, and the applicant visited a number of sites but most involved a ten year lease whereas due to the involvement of other local authorities in the recycling project, a three year lease was considered more appropriate. In addition, the Local Government Act prevents the applicant from entering into a lease in excess of seven years without special permission. They also considered outsourcing the operation to a waste transfer operation in the private sector but options for this are limited and were considered not to offer the best value for money due to the lack of competition. In the absence of a suitable alternative to Snugborough, the applicant considered land within its ownership and the service centre offers the appropriate area with the benefit of existing staff who have expertise in recycling and waste, on site undertaking some of the parts of the process.

1. As such, it is considered that the information provided is sufficient to enable consideration of the application and furthermore that the proposed use is acceptable as proposed.

Party Status

1. The local authority, Braddan Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. Tel's Skips are some distance away from the site and not directly affected by the proposed development and as such should not be afforded party stats in this case.

1. Mr. Quirk MHK is not the elected Member for this area and does not reveal who his constituent is on whose behalf he writes in. As such, it is considered that Mr. Quirk does not have sufficient interest in the application to be afforded party status.

1. The Isle of Man Water and Sewerage Authority do not raise material planning considerations and should not be afforded party status in this case.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 24.09.2012

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the creation of a recycling facility as shown and described in the plans reference BE S.12.007.1001. B, BE S.12.007.1002 B, and the supporting information all received on 18th July, 2012 and the Environmental Statement received on 15th August, 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : APRONITED... Committee Meeting Date : 1 - 10 - 12

Signed : [Handwritten signature] Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO