Planning Officer Report 09/02058/B

Director of Planning & Building Control M.I. McCauley, M.R.T.P.I. Planning statement on behalf of the Department of Local Government and the Environment in respect of planning for the Extension of time for land filling operations for a further five years including the importation of c.2000 tpa of mixed inert and C&D wastes and development of an amended alternative restoration scheme to reflect the projected volume of imported materials - 09/02058/B - Wrights Pit North Landfill off Cranstal Road, Point Of Ayre, Bride ### Introduction The aim of this statement is to provide background information to the planning application and to set out the views of the Planning Directorate in respect of the proposed development. ### The Application Site The application site forms the curtilage of Wrights Pit North Landfill Off Cranstal Road, Point Of Ayre, Bride, which is located on the western side of the A16 Road and southwest of the Lighthouse. The site is rectangular in shape approximately 230 metres by 200 metres. The boundary of the site is fenced off by a 2 metre high chain link fence. ### Planning Policies The application site is within an area recognised as being an area of "white land" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Development Plan Order 1982 - Isle of Man Strategic Plan 20th June 2007 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- ### General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption." "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. sites of archaeological interest; vi. sites containing species or habitats of 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 sterilize other significant mineral deposits; and that (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 or facilities referred to in this Policy will require the submission of an Environmental Impact Assessment." ### Planning History The previous planning applications are considered relevant in the assessment and determination of this application:- Completion of landfill operations at Wright's Pit North (comprising amendment of the proposals approved under PA 02/01636 and amendment of the time periods permitted for completing those proposals) - 06/00562/B – APPROVED Amendments to extend planning permission for landfill operations - 02/01636/B – APPROVED Amendment to landfill profile, capping and completion date involving variation of conditions 2, 7 & 8 (PA 95/1573) Wrights Pit North and alterations to entrance Wrights Pit East - 00/01759/B – APPROVED Extraction of sand and gravel and use as landfill site for controlled waste including new access road, security gates, weighbridge, office, toilets, fencing and litter netting and restoration of site, Wrights Pit North - 95/01573/B – APPROVED ### Proposal The application seeks approval for the extension of time for land filling operations for a further five years including the importation of c.2000 tpa of mixed inert and C&D wastes and development of an amended alternative restoration scheme to reflect the projected volume of imported materials. ### Representations The owners/occupiers of Bride Cottage Cranstal, Bride have objected to the application which can be summarised as; the Ayres was a specialised and rare environment containing a plethora of flora and fauna; If visited by scientists today the whole area would be designated as an Area of Special Scientific Interest; However due to mineral extraction in certain places are granted ASSI status; previous schemes to re-colonise over land fill sites with special lowland heath has been invaded by rough grasses or common Gorse; the DoT previously rebuilt the road fronting the cottage and installed shock absorbing mix to prevent shaking of the walls, should any further application be approved, a condition requiring the road outside the cottage to be maintained with the correct materials to prevent damage; and a 30mph speed limit at Cranstal should be imposed. ### Assessment Starting with the principle of using the site for landfill, as indicated within the history section of this report, the site has a long and establishes planning history for being used for landfill. This application follows the approval of planning application 06/00562/B for an extension of time. A condition attached to the previous application required the landfill operations and restoration of the site to cease by 31st December 2009. To date the landfill operations have ceased, however the restoration has not been completed. The Department now wish to extend landfill operations for the site for a further five years, plus a further year for restoration. The reasoning for this extension is due to the economical implications of the UK Government's recent VAT payment demand which has affected many IOM infrastructure projects, including the application site have undergone a budget review. The restoration works at Wright's Pit North, have consequently been suspended, and this application is therefore being submitted to extend the time scale of the operations and to maintain the existing facility. The proposed extension would result in waste operations for a further 5 year period and would result in 2000 tonnes per annum of imported material comprising mixed inert and construction and demolition (C&D) waste. Broken down this equates to 80/85% being inert, with the remaining 15/20% comprising Civic Amenity waste, including green waste, wood, paper, glass and metals. The site of Wrights Pit North Landfill, is separated into two parts, east and west. The eastern section has been restored in accordance with a previous approval (02/01636/B). The site accommodated 10,000 tonnes of waste over a five year period (approximately 2000 tpa). It is also important to note the need for the proposal, and what suitable alternatives are available. In terms of need, since the Department ceased using the site on the 31st December 2009, and at the time of submitting the application in January, approximately 200 tonnes of waste comprising asbestos and contaminated soils are being stored in temporary stores in containers and waste skips, at various locations around the Island. In the year 2000 a review of the Isle of Man Government Policy in terms of waste management was undertaken. From this a waste hierarchy was produced:- 1. Reduction; 2. Re-use and recovery; 3. Recycling; 4. Incineration with energy recovery (energy for waste plant); and 5. Landfill. Landfill is the Departments last and least preferred option for waste management. However, some residual wastes can only be dealt with by final disposal in landfill. This was accepted within the Waste Management Plan (section 3) that landfill is an acceptable method of waste disposal, when other methods up the hierarchy do not offer an appropriate solution. The proposed waste which would be used at this site would fall under this category. Within Section 9 of the Waste Management Plan, it indicates that with the Energy for Waste Plant (EfW) all household rubbish and commercial wastes have been diverted from landfill (southeast of site) to the EfW. However, the report goes on to state that there is a need for landfill capacity to accommodate certain non incinerable factions of the overall waste stream, and that it is essential to find suitable sites as soon as possible, to provide capacity between the years 2000 - 2020. In terms of need, it is considered from the information indicated above and included within the detailed submission, there is a necessary need for landfill on the Island, especially for mixed inert, and construction and demolition (C&D) waste, which cannot be treated elsewhere. The previous inspector commented that: "In my opinion there is a demonstrated need for the filling to continue for inert materials and asbestos in the public interest of the Isle of Man. Although other options are to be explored non are available in the immediate future." Given the history of this site and of the surrounding sites and given previous planning approvals, it is considered the proposal would be acceptable for further land filling, for the time scale indicated and for the type of waste indicated. The next issue is the potential impact of traffic generated by the proposal, and the impact upon residential amenities. This is a particular issue with properties which are located adjacent to the public highways, along which vehicles associated with the site would pass. All vehicles from the site would be routed via the A16 to the Village of Bride. From Bride it is expected vehicles would disperse on to the A10 southbound, the A10 westbound and the A17. It is also important to note that the residents of Bride Village had previous concerns relating to the traffic and type of vehicles passing through the village. One major concern was the vehicles directly passing Bride Infants School, and the increased pedestrian movements during morning and afternoon periods. Consequently this scheme, as with previous approved schemes, proposes to ensure no HGV movements would travel through Bride Village during these times. Therefore HGV movements would only take place between the hours of 0930 hrs and 1500 hrs. Additionally, due to previous schemes, traffic calming measures have been introduced within the village to encourage drivers of all vehicles to drive at an appropriate speed. During the previous waste disposal periods, which ceased in December 2005 approximately 4,000 tonnes per annum of inert and mixed waste was imported to this site. The proposal under this new application would result in approximately 2,000tpa which is half that of Wrights Pit East. This results in a traffic reduction of 50% over the previous approved scheme which has now ceased. In terms of the number of vehicles visiting the site, it is stated that on average only 1 heavy goods vehicle (HGV) would arrive at the site each day, to empty 7.3 tonnes of waste. It is considered during some periods this may increase to 2 HGVs, although this would not be a regular occurrence. A maximum of 10 daily light vehicle movements (5 arrivals & 5 departures) would be generated by staff from the nearby Civic Amenity site, who will visit the site throughout the day to carry out housekeeping and accept deliveries. The site will not be permanently manned. Overall, it is considered there would be a sufficient highway capacity for the traffic generated by the site resulting in no highway safety concerns. Additionally, given the reduced number of vehicles; compared to previous schemes, the proposal would not have a significant adverse impact upon the amenities of residents along the associated public highways. The next issue relates to the visual impact of the proposal and the proposed restoration of the site. The western part of Wrights Pit North is approximately 230 metres from the closest public highway (A16). From this highway the site cannot be seen, given the ground level being significant below the road level. What can be seen, although it is not very apparent, is the 2 metre high chain linked fence which runs around the site. This would be the same from medium to distant viewing aspects around the application site. Of course viewed from the fence line, the site is totally visible. The previous disturbance by quarrying and more recently infilling, has resulted in the present visual appearance of the site. The submission indicates a restoration scheme similar to the previous scheme approved under application 06/00562/B. The majority of the waste infill would be to the northern end of the site. Consequently, the major alterations to the contours of the land would be to the northern section of the site. No part of the restored site would be above the highest point of the existing ground level of the site. Additionally, once restored the 2 metre high perimeter fence would be removed. Overall, with the proposed infilling and subsequent restoration completed, it is considered the proposed site in time, will appear as it once was, and therefore add to the quality of the appearance of the landscape. The Ecology has been considered in detailed within the submitted application. Due to previous discussions and agreements, a methodology was agreed with DAFF for the translocation of certain plants within the site to a safe receptor area nearby and they were moved in the dormant period (Dec 2003). Further to this, staff from DAFF assessed the site for the common Lizard, however no evidence of lizards was found. The site has also been monitored by a professional ornithologist from the Manx Bird Atlas to ensure no bird breeding would be impacted upon. Overall, it is considered, given the previous approval, the requirements for the protection of the ecology of the site would ensure no adverse impact would occur. A qualitative risk assessment methodology has been undertaken to consider the geology, hydrology and hydrogeology of the proposal upon the site. The conclusion of this report states that the proposal would not have a significant impact, especially given the scheme is less than what has been approved in the past. Dealing with Environmental issues, there are potentially three areas of concern, these relate to dust, odour, and noise. The submission indicated that the waste being delivered to the site would be less than what has previously been approved, and therefore unlikely to raise any significant concerns. Notwithstanding this, the site manager would continue to manage the operations for dust, and would if necessary suspend the operation until the weather conditions improve or effective dust suppression measures are implemented. Regarding the odour, the waste being delivery to the site is not likely to produce odour given its composition. Consequently it is considered the proposal would not create any adverse impacts through odours to the surrounding area. In terms of the noise of the site, the submission indicates that the site is close to a active sand and gravel operation. The site is also remote and away from residential properties. It is considered given these reasons, and because of the small quantities of waste being delivered to the site, it is unlikely the proposal would result in significant impacts through noise. It is considered with the appropriate planning conditions, and other legislation matters outside the planning system, the overall environmental impact of the development could be controlled to prevent any adverse impacts. ### Recommendation In conclusion, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to the Isle of Man Strategic Plan (June 2007). ### Conditions 1. This permission relates to the completion of the land filling and restoration operations at Wright's Pit North as shown in drawing numbers WPN 1/1, WPN 2/1, WPN 2/2, WPN 2/3, WPN 4, WPN 5, WPN 3/1, WPN 3/2, WPN 3/3, 5-1, 5-2, 5-3, 5-4, WPN 6/1, WPN 7/1, WPN 7/2, WPN 7/3, WPN 7/4 and WPN 7/5. 2. The development hereby permitted, allows a further 5 years for the continuation for land filling operations until 31st December 2014 and a further 1 year to enable the restoration scheme to be completed by the 31st December 2015. By that date all equipment, plant, buildings and fencing (see condition 7) shall be removed from the site and its locality, save for that required in connection with the on-going management of the approved scheme of restoration. 3. As the approved landfill progresses the site shall be capped with layers of selected sand and gravel, so as to provide a suitable substrate for the development of the proposed restoration scheme. Provision shall be made for the free drainage of rainfall and for the free emission of landfill gas. 4. As the approved landfill progresses, the site shall be restored in accordance with the scheme and phasing details set out in the approved plans. 5. No water or other contaminants shall be permitted to flow or be transferred by vehicles' wheels on to the highway at the access to Wright’s Pit North. 6. Subject to the other conditions in this notice, the development shall be carried out in accordance with the approved plans, the Planning Statement and the Environmental Impact Assessment. 7. The boundary fences around the site shall be retained and shall be removed only following the written agreement of the Planning Authority. 8. No water or mud shall be permitted to drain from the site on to the highway. 9. Unless approved in writing by the Planning Authority, the landform in each completed phase and surface restoration level shall accord with the landform and contours shown on drawings numbers WPN4, WPN5, WPN 3/1, WPN 3/2 and WPN 3/3 dated January 2006 and December 2009. 10. No household waste or incinerator bottom ash shall be deposited on the site. 11. If at any time, frogs or lizards are found on the site, DAFF shall be notified and given time to advise. This statement has been prepared by Mr Chris Balmer, MA Hons, MTCP, MRTPI Planning Officer, on behalf of the Planning Directorate of the Department of Local Government and the Environment. Signed _________________________ Date 04/03/10