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Olk yn Ard-Scrudeyr
Our Ref: DF10/0029 Planning Application Ref.No: 10/01159/B
| Planning Secretary | RECEIVED | | --- | --- | | DOI | 09 MAR 2011 | | Planning & Building Control Division | | | Murray House | DEPARTMENT OF | | Mount Havelock | MRASTRUCTURE | | Douglas | |
| Applicant: | Department Of Infrastructure | | --- | --- | | Proposal: | Creation of a civic amenity site with site road and roundabout, Field 130136 & 134028 Balladoole Farm Bride Road Ramsey Isle Of Man |
In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted his report.
In accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed.
On the 3rd March 2011, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to compliance with the conditions specified below.
Date of Issue: 7th March 2011
Chief Secretary's Office Government Offices Bucks Road Douglas
Mr A Johnstone Planning Appeals Administrator
The application is approved subject to conditions as listed at Annex 1 to the Inspector's Report.
4 Site clearance works relevant to existing hedges/banks shall only be undertaken between August and March to protect nesting birdlife.
5 (1) No development shall take place until full details of a landscape Scheme ("LS") are produced, submitted and approved by the Planning Authority (prior to commencement of development of anmy landscape and any visual mitigation measures); (2) All planting will be carried out in accordance with the approved details contained in the LS in the next available planting season; (3) A Schedule of Maintenance Operations will be agreed with the Planning Authority together with details of an appropriately qualified contractor relevant to any planting undertaken in accordance with the conditions 5(1) and 5(2) to ensure that the design envisaged is realised, this will include replacement and management of any planting undertaken as appropriate and required to realise the design objectives.
6 The site shall not be opened to the public for use as a civic amenity site unless and until all works necessary to secure unimpeded public access by the site road and roundabout shall have been completed.
7 The site shall be allowed to operate as a civic amenity site open to the public between the following times:-
| Monday to Thursday | 8.00 am to 4.30 pm | | --- | --- | | Friday | 8.00 am to 4.00 pm | | Saturday | 8.00 am to 4.30 pm | | Sunday | 9.00 am to 4.30 pm |
The last public access to the site shall be no later than 15 minutes before the closing time. The site shall be secured overnight.
8 A schematic diagram showing the height, position/location, direction and angle of all external lighting will be produced and submitted to the Planning Authority prior to the opening of the civic amenity site to the public.
9 Private vehicles accessing the site for the purposes of utilising the civic amenity facilities shall remain on site only for the duration of delivering and picking up materials.
Application by Department of Infrastructure for the creation of a Civic Amenity Site with access road and roundabout at Fields 130136 and 134028, Balladoole Farm, Bride Road, Lezayre.
for the public to use the relevant skips, re-use banks, bring banks for mixed household and biodegradable waste. It is anticipated there would be some 10,000 tonnes each year and operation times would be seven days a week from 0800-1630, with the exception of Fridays (0800-1600) and Sundays (0900-1630). 5. The western part of the complex makes up almost half of the site and comprises a large hardstanding area for the storage of the large skips and manoeuvring space for wagens to drop off and remove skips from the site. Waste would be stored on the site for a maximum of 28 days, with biodegradable waste being no longer than 3 days. The waste would then be transported to a number of sites on the Island, or exported, depending on the type of waste. The eastern part of the site consists of a single storey building containing an administrative office and electronic equipment sections. The building would be 30 metres by 5 metres and have a ridge height of 3.4 metres. There would also be a weighbridge and a two-way road. The scheme proposes 11,755 \mathrm{~m}^{2} of landscaping around the complex, as well as 1.5 metre high earth banks either side of the access road and roundabout.
The material points are:
The responsibilities of the Department are within the Service Delivery Plan 2010 and are to ensure that the Isle of Man has a robust waste management strategy supported by effective systems for waste collection, provision of an appropriate infrastructure and that it is adequately funded. The Waste Management Plan 2000 established a commitment to improve the standard of the civic amenity site provision; that strategy has been implemented in the south, east and west areas of the Island. The Plan recognises that such facilities may not be good neighbours due to traffic, dust, noise or unsightliness and therefore not appropriate for location close to residential areas. But they must be conveniently located for the public to use.
The approach taken with site selection is based on the proximity principle and applying criteria; that was carried out by Consultants and assessed some 40 sites in the north of the Island. Whilst the selection process did include the possibility of the use of land for a waste water treatment works, the assessments apply to the current scheme as a stand alone scheme. The final three sites found were all located within Areas of High Landscape Value or Scenic Significance, but the Balladoole site had the advantage of being nearer to Ramsey. A full Environmental Assessment was then undertaken by independent experts.
In terms of planning policy, there is a presumption against development in areas outside localities designated for development save in circumstances where there is an overriding national need and where there are no reasonable and acceptable alternatives. The clear evidence produced by the Planning Division shows that the proposed development would harm the character and quality of the landscape due to the size and amount of development. But it is stated that the application proposal would be acceptable as the location is essential and environmental impacts would not be significant and can be mitigated.
The material points are: 9. The application site is the subject of various planning policies within the Strategic Plan 2007. They are General Policy 3, Environment Policies 1, 2, 14, 22, 24, 25 and Waste Policy 1. The starting point for determination of the application is the need for such a development and whether that need outweighs the general presumption against development within the countryside. As General Policy 3 indicates, development will not be permitted outside of areas zoned for development unless there is an overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative. 10.It is clear that over the past two decades, the Isle of Man Government has been considering its options for waste disposal and during that time has acknowledged the need for a number of appropriate solutions to deal with waste management requirements of the Government and Tynwald. The existing facility at Wright's Pit East Landfill Site is small, of a lower quality in operational terms and does not allow for the separation of the public from a clearly defined working area. 11.The proposed development would be constructed to a particular specification for ease of use and safety of the public and staff, encourage better use of the facility and be only a five minute drive from the largest settlement in the north of the Island at Ramsey. That would reduce traffic passing through small villages and improve better waste management. The existing site is too small, in a remote location from Ramsey and that puts pressure on bring bank sites in that town. If the existing site were expanded it would encourage more traffic through the small villages and be less attractive to Ramsey residents by being in a remote location. 12.The Waste Management Plan adopted by Tynwald indicated there should be regional amenity sites, including one for the north of the Island. As part of the Plan, some eight criteria were set to establish site suitability; that has been set out in the Environmental Statement prepared by Consultants. From an initial forty sites
considered, the Balladoole site was chosen as having been the most suitable after taking account of the criteria. A Visual Impact Assessment was also undertaken; the application site is fairly well screened from public views due to the bank that runs along the length of the Bride Road and the topography of the land. Clear public views of the site are only visible from a distance and those would form a small part of the overall landscape. It is unlikely that the proposed development would have a significant visual impact. 13. Whilst the access road would have an impact, the creation of banks bounding the road and access point would mitigate the impact of the development. Furthermore, mass native woodland on all sides of the site would integrate the development. At the Inquiry, it was accepted this process would take some 15 years in order to have a real impact. It is estimated that in the construction and short term phases, the development would have a moderate impact on the landscape and views; in the longer term it would have limited such effects. Therefore, it has to be said that the development would harm the character and quality of the landscape and that given the size and amount of development proposed, there would be some harm. 14.In terms of air quality, noise and vibration, the nearest residential properties are Balladoole Farm at 263 metres, Barrule Cottage at 379 metres and the currently unoccupied Balladoole Cottage at 129 metres. At the Inquiry, it was pointed out that the objectors' properties are at least 650 metres away. It is predicted that on the A10 road, near to Barrule Cottage, a maximum of 446 annual average daily traffic flows will result from the development; that is under the 1000 threshold for an affected road. Therefore the impact on air quality is regarded as negligible. With noise and vibration, the construction and operation phases will create such issues and need to be considered against the Environmental policies of the Strategic Plan. 15.It is anticipated that the construction period would be over 12 months with work taking place between 0800 and 1800; night time and Sunday work would not normally be undertaken. The conclusion of the assessment report is that as with any large scale construction, there will be temporary impacts upon nearby residential properties, but with careful management it would only amount to a temporary slight adverse impact. As far as noise impacts from the operational aspects of the development, an assessment carried out has found that it would not be significant. Furthermore, given the location of existing dwellings, it is not anticipated that there would be significant levels of vibration in the construction or operational times of the development. 16.A Transport Assessment has found there would be an average of 261 users of the site each day. The scheme would involve an increase in traffic flows from staff and members of the public, but they would be within the capacity of the road network and not lead
to any significant traffic impacts; road junctions have adequate capacity. No mitigation measures or additional works are necessary. Although there would clearly be a loss of agricultural land, the amount represents a small percentage of the overall quantity of land available to agriculture. Whilst there is agricultural land of a lower value, this is the most suitable site from an environmental and sustainable perspective. It is suggested that in overall terms, the proposed development would comply with the relevant adopted planning policies in the Strategic Plan and therefore the Planning Division recommend that approval be granted subject to submitted conditions.
The material points are:
20.The optimal location for the site was calculated in terms of minimising the distance between the location of most residents and the chosen site. It was also necessary to assess the suitability of the site in terms of access, ecology, impact upon neighbours from a list of some 40 sites. None of the Plans for the area actually designates sites for waste disposal. Having reduced comparative sites to three, the Manx Wildife Trust assessed the value of those areas and the current site was found to be in the lowest ecological value group. 21.A full Environmental Impact Assessment was prepared. Although there have been previous refusals for development in the area, they were not of overriding national need. A rigorous and logical site selection process was undertaken with ecological assessments before the current site was chosen as a suitable site.
22.The site lies within an Area of High Landscape or Coastal Value and Scenic Significance. The Isle of Man Strategic Plan at 7.41 requires any development permitted in such areas to be of higher design standards than normally required, properly integrated in terms of scale, materials, architectural styles, engineering works and landscaping. Environment Policy 2 states that protection of the character of the landscape will be the most important consideration unless the development would not harm the character and quality of the landscape or the location is essential. 23.The locality is shown under the Isle of Man Landscape Character Assessment 2008 as Undulating Lowland Plain and situated within the character area of Sulby. It is primarily a rural, undulating lowland landscape defined by small watercourses winding through an agricultural setting. A patchwork of fields is enclosed by mature hedges or banks, with scattered dwellings and farmsteads, often situated within small areas of mature tree planting or woodland. Due to the quality of the broader landscape setting, the scenic value is assessed as very attractive; the proposed site is predominantly open, gently undulating agricultural landscape and does not contain features of landscape significant in terms of a local character. 24.The level of the Civic Amenity Site would be generally lower than existing adjacent ground levels. The skips and HGV working area would be at the lowest and most visually enclosed part of the site. The proposed 2 metre high perimeter fence would be chain link and the proposed single storey building would be in materials and colours that would be visually recessive and complement the landscape. Mass mature woodland planting would be carried out on all sides of the site and there would be hedge banks either side of the proposed access junction and roadway.
25.Once landscape mitigation has been established, any impacts on local landscape features or wider character have been assessed as being minor adverse and therefore not significant. The mitigation measures would help to sensitively and unobtrusively integrate the scheme within the Area of High Landscape or Coastal Value and Scenic Significance without significantly affecting the character or quality of the landscape. 26. In visual terms, views of the site would be restricted to long distance views from the mountainous core of the Island to the south and highly localised views from the immediate setting of the site. It is well contained in visual terms due to the undulating nature of the land, existing mature vegetation and hedge banks. After 15 years, the proposed planting would create a wooded setting which would screen and soften the development from most view points. Views from Ballacottier (The Dhoor) and Balladoole Farm would experience a significant effect, although in the longer term, mitigation measures would fully integrate the site. 27. In response to objectors comments, it is accepted that there would be significant residual adverse impacts upon a small number of localised, residential properties in The Dhoor and at Balladoole Farm due to proximity of the latter and open views from a distance of the former properties. But mitigation measures would help in the medium to longer term without detriment to the landscape. In terms of lighting, columns would be lower than the single storey building and only lit during hours of operation; lighting would be less prominent once the effects of the planting are experienced.
30.It is unlikely that there would be any vibrational impact from construction works upon Balladoole Farm; a noise impact assessment indicated that when the scheme is in operation, the impact upon the same building would not exceed the existing background noise levels. The proposed development and the various mitigation measures would ensure compliance with the planning policies of the Strategic Plan and the Waste Management Plan. The proposal would have no significant impact upon community facilities. In terms of traffic, in the opening year, there would be an average of 261 users each day. It has been estimated that such generated traffic would have little detrimental effects upon road safety and local road junctions would be adequate. 31.The majority of the land is improved grassland which is of low conservation value; two sections of hedgerow and bank would be removed to construct the new access, but planting and replacement banks and hedges would be provided. There would be a significant increase in tree cover around the site to provide new woodland. Mitigation measures would prevent significant impacts from construction work upon the nearby water course. Recorded birds in the area were found to consist of widespread species. Overall, it is considered the proposed development would have a positive effect upon local ecology due to the increased tree cover. 32.In relation to correspondence from objectors, noise levels would not increase in respect of any residential properties in the area. Surface water run-off would be into the nearby watercourse; stored diesel would be in bunded fuel containers and oil interceptors would be used. The site will be inspected regularly to prevent windblown materials and fly tipping; if dust becomes a problem in the summer, the site would be damped down. An ecological assessment has found no significant problems in that respect; indeed, the additional tree cover would improve ecology in the locality. The site is not likely to be de-commissioned in the foreseeable future; at the Inquiry, it was said that the site was likely to be in use for over 25 years. The loss of agricultural land to the proposed use, as well as on land for the tree planting, would be some 1.1 hectares and there would be no significant impact upon livestock.
33.The breeding bird data from Manx Birdlife is missing from the Environmental Statement. However, taking account of the content of the Statement, I do not expect any surprises, problems or great impact on ecology; there is potential for improvements to ecology from the mitigation measures.
The material points are: 34.Unanimous approval
The material points are:
38.It is pertinent to ask why the existing facilities at Wright's Pit East cannot be modernised and enlarged; that would be less disruptive and acceptable to residents of Ramsey. The applicants admit the area would be harmed. The development would be in direct sight of my property and would detract from the quality and benefit of the locality. The use of HGVs, skip movements and vehicles used by the public would have an unacceptable noise impact upon nearby residents seven days a week; the hours of operation are unacceptabie, particularly in winter time. Drainage of the site via the Garey stream to the Sulby River could cause pollution and flooding. Given its coastal location, the wind would scatter refuse from the open skip type containers, including dust; wildlife would be affected.
39.The public were only aware of the proposal after the Government had purchased Balladoole Farm which was before a planning application had been submitted; this amounts to a total contempt for the public. The site is designated as one of High Landscape Value or Coastal Scenic Significance; the proposal is in direct conflict with planning policies of not permitting any new development in the countryside. A precedent has already been set by the refusal on appeal for development nearby on the basis that it was in the countryside. 40.Crosby Farm, Bride is a more suitable location, but the current Inspector will be under pressure to recommend the Balladoole site because it has already been purchased. There is also space available at The Point of Ayre which would have less visual impact, an existing access and transport routes, opportunities for a bigger facility and less inconvenience. Existing residential properties will experience noise disturbance; the scheme would blight the value of existing properties. Support the conditions suggested by Mr Oldfield. However, feel strongly that weekends/Bank Holidays should be restricted to 1000-1300 as that is "prime time" for us to relax and use our garden.
Purchase of Balladoole Farm was in direct contravention of the Government's own Isle of Man Strategic Plan 2007. A public Inquiry into why the purchase of the land took place prior to environmental studies and formalities is required. The land is not zoned for development, is contrary to General Policy 3 of the Strategic Plan and Environment Policy; it is an Area of High Visual Impact, Scenic Significance and Landscape Value. A precedent has been set for refusal of planning permissions for development in this locality.
The scheme involves the use of high quality agricultural land and would not be returned to that use in 20 years time; screening would not hide vehicles using the facility or enhance the landscape and scenic value of the area. The current scheme would set a precedent for the Waste Water Treatment Scheme. There has been no Northern Area Plan to which one can refer for land use; any permission now would indicate favouritism to a Government Department. Soakaways would compromise the SSSI.
43.I have started my assessment in the same way as that suggested by the representative of the Planning Division. Based upon the adopted planning policies contained within the Strategic Plan, the starting point for determination of this application should be whether the need for a Civic Amenity Site on this particular site outweighs the general presumption against development in the countryside. General Policy 3(g) of the adopted Strategic Plan for the Island states that an exception to the prohibition upon proposals outside of land zoned for development is where a scheme is recognised as being of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative. 44.The application site is within the countryside, outside of any area zoned for development and within an area determined as on of High Landscape or Coastal Value and Scenic Significance; one of the objectors also pointed out that it is in a locality where planning permission has been refused for a development scheme because it was in a countryside location. However, Tynwald adopted a Waste Management Plan in 2000 which indicated there must be regional Civic Amenity Sites, including one for the north of the Island. There is an existing facility at Wright's Pit at the Point of Ayre, but it is too small, poorly located and does not allow for a modern segregated facility able to deliver the necessary standards and requirements of Government Waste policies. 45.It seems to me that for some two decades, the Isle of Man Government has been gradually working towards the provision of what Tynwald regard as a national requirement for the Island. That involves a strategically placed Civic Amenity Site that is capable of providing an efficient, safe and modern disposal facility for waste disposal. In these circumstances, I have concluded that there is a national need to find an appropriate Civic Amenity Site to serve the north of the Island. 46.The Department's approach in finding such a site was to apply various criteria in order to establish a preferred location; one of the requirements was that it should be conveniently situated in order to
serve the greatest concentration of population in the north of the Island. To my mind, the Department was correct in identifying that area as being Ramsey. But in my opinion, that would rule out the suggestion made by some objectors of expanding the site at Wright's Pit. To require residents to travel to the Point of Ayre to dispose of their waste is likely to discourage them from such activities. It would also involve increasing the use of a route through small villages such as Bride; that is likely to be harmful to road safety. 47.In order to provide a proper assessment of locations, the Consultants appointed by the Department investigated some 40 sites in the north of the Island and tested them against various criteria; a further requirement was that due to the nature of the facility, it should not be close to residential areas. The assessment resulted in a final list of three sites, although it was found that all were within the Area of High Landscape Value and Scenic Significance; the final choice was the current application site at Balladoole Farm. 48. Having taken into account the findings of the Department's Consultants, I have concluded that the current choice for the Civic Amenity Site at the Balladoole Farm site would be preferable. This particular site is conveniently located at only 5 minutes drive from Ramsey and also on a route that has an adequate capacity to cope with the predicted additional traffic. Furthermore, when in operation, it is likely to reduce the use of the roads further north currently used to access the Wright's Pit facility. Therefore, I have concluded that the Department is correct in stating the proposed scheme would comply with the requirements of General Policy 3(g) in that the Tynwald has identified a national need for regional Civic Amenity Sites and that after extensive investigation, the Balladoole Farm site is a reasonable location to which there is no acceptable alternative. 49.However, that does not mean the current application site would meet all of the criteria upon which the assessment was made. As the objectors pointed out, in the proposed location for the facility the new development cannot easily be hidden and there would be a significant change in the landscape character of the site. Neither do I consider the proposed mitigation measures would allow a significant improvement in the scheme for some years. At the Inquiry, the Department's Consultants accepted that it would be about 15 years before the tree planting had any real effect. I suggest that despite the topography of the land and the existing Manx banks and hedges along the A10, the development of the application site would be clearly visible from the objectors' properties and perceived in terms of visual harm. 50.Furthermore, the access point from the A10 into the field would be clearly visible when using that highway. In my opinion, these are the down side of choosing a site in the middle of generally open
fields for a Civic Amenity Site. I would therefore suggest that it would assist by accepting a suggestion made by one objector of carrying out the mass planting of the trees in the next planting period prior to the commencement of construction works rather than wait until a later stage. I realise that such a suggestion is not the usual way in which planting is carried out for such developments, but the sooner the planting takes place, the sooner local residents would see the benefits of the planting. I also suggest that an increase in the height of the banks and planting along the access road would improve at least the perception of the scheme. Those changes could be part of the scheme necessary under suggested condition 5(1) 51.From the evidence presented on behalf of the Department, I consider any effects relating to noise, vibration, air quality and drainage would be minimal. That is not to say that local residents would not be able to see the lights of vehicles, site lighting or the occasional noise from vehicles and machinery on the site. But they should be sufficiently far away to avoid significant harm to their residential amenities. The Department has identified the three nearest residential properties to the site and even those dwellings would be sufficiently removed to prevent significant detriment to those residents' living environment. 52.It was suggested by some residents that the proposed hours of operation on the site should be reduced. Whilst I understand the concerns of those residents, I suggest that if the operational hours were reduced in the manner suggested, too many people would be deterred from using the facility. In all of these circumstances, I am satisfied that based upon the evidence presented to me, the proposed development would comply with the planning policies identified by the Planning Division. 53.One resident suggested that because the Government own the current application site, I would be under pressure to recommend that the Council of Ministers approve the scheme for the Balladoole Farm site. I would make it clear that I have not been influenced by that issue or any other matter and have based my conclusions and recommendation upon the planning merits of the case. Furthermore, my assessments and comments have not taken into account the possibility of using adjacent land for a waste water treatment plant as that would require a separate planning permission and justification. I have taken into account all other matters raised at the Inquiry and in written representations, but none was sufficient to outweigh the conclusions I have made.
54.A composite list of suggested conditions has been submitted in the event that planning permission is granted and has been appended as Annex 1. Mr D Oldfield and Mr A Brown were consulted by the Department and they are in agreement with most conditions
without prejudice to their basic opposition to the whole scheme. They were not content with the hours of operation and use by members of the public and the commencement of the planting scheme around the Civic Amenity Site; they also asked for three additional conditions. 55.I have reviewed all of the suggested conditions and endorse the need for all of the conditions in the interests of landscaping, mitigation of the scheme, preservation of wildlife, public safety and a proper access to the site. As far as the hours of opening are concerned, I have already commented upon them in previous paragraphs and have concluded that they should remain as proposed by the Department. 56.As far as condition 5(2) is concerned, I am in favour of obtaining as quick a start to the planting scheme as possible. Given the length of time to see any reasonable mitigation from the new planting, I do not see any harm in providing most of the mass woodland planting prior to commencement of the development. Such a provision could be included in the requirements of Condition 5(1) and need not impede the construction of the development. I do not support the remaining conditions suggested by the objectors given the extent of the mitigation proposed and the security likely at the site.
57.That the application be approved subject to the conditions listed in Annex 1.
FOR THE DEPARTMENT OF INFRASTRUCTURE Mr K Murray Mr J Wrigley Mr F Lagan Mr P Hazlehurst Mr M Welsby Mr T Cowin Mr I Lenandowsky Mr C Balmer Laura Davey Jennifer Chance FOR THE OBJECTORS Mr D Oldfield Mr C Oldfield Mr A Brown
| Monday to Thursday | 8.00am to 4.30pm | | --- | --- | | Friday | 8.00am to 4.00pm | | Saturday | 8.00am to 4.30pm | | Sunday | 9.00am to 4.30pm |
The last public access to the site shall be no later than 15 minutes before the closing time. The site shall be secured overnight. 8. A schematic diagram showing the height, position/location, direction, and angle of all external lighting will be produced and submitted to the Planning Authority prior to the opening of the civic amenity site to the public. 9. Private vehicles accessing the site for the purposes of utilising the civic amenity facilities shall remain on site only for the duration of delivering and picking up materials.
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