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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01507/B Applicant : Douglas Borough Council Proposal : Creation of Civic Amenity Site. Variation of Condition C25 on approved planning application 21/00731/B Site Address : Recycling And Storage Compound Richmond Hill Douglas Isle Of Man IM4 1JH
Planning Officer: Mr Paul Visigah Photo Taken : 06.08.2021 Site Visit : 06.08.2021 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.05.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The development must be carried out strictly in accordance with the particulars contained in the application, the plans and Environmental Impact Assessment accompanying (as amended) subject to conditions covering matters below.
Reason: For the avoidance doubt and to ensure that the development is carried out in accordance with the submitted details.
C 3. No processing, sorting or composting shall take place on the site. The deposition by the public of materials into separate containers are not precluded.
Reason: For the avoidance of doubt and the application has been assessed on basis of information a para 4.6.1 of the Environmental Statement dated June 2021.
C 4. Prior to the commencement of the development hereby approved (including site clearance), a Site Environmental Management Plan (SEMP) which details how adverse impacts on the wildlife on site (particularly regarding hydrological links from direct and indirect pollutants such as concrete, fuels and lubricants) will be avoided and/or minimised to
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insignificant levels on the environment and surrounding area, during the construction and operational phases of the development, particularly from direct and indirect pollutants.
Reason: To avoid, minimise or mitigate effects on the environment and surrounding area during the construction project and once the amenity site is operational.
C 5. The development hereby approved shall not be commenced until details of a 'Construction Management Plan', which details the necessary mitigation measures to be taken during construction, have been submitted to and approved in writing by the Department.
The CMP shall include, but not necessarily be limited to, the following. o Risk assessment of potentially damaging construction activities. o Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). o The location and timing of sensitive works on site. o Responsible persons and lines of communication. o Use of protective fences, exclusion barriers and warning signs. o Any necessary mitigation measures other than those listed above to be carried out during the construction. All works carried out during the construction period shall be undertaken strictly in accordance with the approved CMP.
Reason: To ensure that there are no adverse impacts resulting from the construction works and to ensure the development accords with the provisions set out at 2.5.12 of the Environmental Impact Assessment.
C 6. Prior to the commencement of the development hereby approved, a Lighting Plan shall be submitted to and approved in writing by the Department. The lighting of the site will be designed utilising inward directed led lighting columns to provide required site illumination without creating undue light pollution. The development shall not be carried out other than in accordance with the approved plan.
Reason: To provide adequate safeguards for the ecological species existing on the site and ensure that the mitigation set out at 5.1 of the PEAR which accompanied the Environmental Impact Assessment is implemented.
C 7. The development hereby approved shall be carried out in strict accordance with the submitted mitigation scheme detailed in Section 5.1 of the Manx Wildlife Trust's PEAR dated March 2021 to provide appropriate mitigation for Common Lizards, Common Frogs, and birds within the site and immediate locality.
Reason: To safeguard a statutorily protected species.
C 8. Prior to the commencement of the development hereby permitted, details of the proposed planting and landscaping shown on Drawing No. A_PL_001 Rev H dated stamped received 18 August 2021 shall be submitted to and approved in writing by the Department.
Details of the scheme shall include:
a) Existing landscape features and vegetation to be retained. b) Protection measures for any landscape features to be retained, if required. c) The location of new trees, shrubs, hedges, lawned areas and wildflower areas. d) A schedule of planting to comprise species, plant sizes and proposed numbers and density, where appropriate.
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e) A programme for the implementation, completion and subsequent management of the proposed landscaping, not including the wildflower planting which is covered by condition 7 in relation to (e).
All proposals shall be carried out in accordance with the approved planting scheme and any management programme.
Any planting which, within a period of 5 years from the completion of the development, in the opinion of the Department is dying, being severely damaged or becoming seriously diseased, shall be replaced by plants of similar size and species to those originally required to be planted.
Reason: To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.
C 9. Within three months to the use of the development hereby approved, the scheme to create the Wildflower meadow shown on Drawing No. A_PL_001 date stamped as having been received 18 August 2021 shall commence.
With regards to the wildflower planting, the scheme shall be implemented and maintained in accordance with the measures detailed in section 5.2-5.6 of the PEAR which accompanied the Environmental Impact Assessment.
Reason: To ensure that a native and sustainable wildlife meadow area is created and maintained.
C 10. Prior to the commencement of the works hereby approved, details for the designated quarantine area for non-conforming waste on the site shall be submitted to and approved in writing by the department. The quarantine area shall be provided in accordance with the approved details, and shall thereafter be retained as such.
Reason: To ensure that provision is made for the separation and removal of non-conforming wastes from the site.
C 11. No development in connection with the development hereby approved shall be occupied/brought into use unless the proposed foul sewage and surface water drainage system[s] have been provided in accordance with the approved plans A_PL_005 Rev D dated 19.08.21. The foul and surface water drainage system[s] shall be permanently retained thereafter in accordance with the approved scheme.
Reason: In order to ensure that adequate drainage facilities are provided, and retained, in the interests of the amenity of the area and to ensure the development accords with the provisions set out at 4.3.1 - 4.3.3 of the Environmental Impact Assessment.
C 12. Prior to the commencement of the development hereby permitted, a queue management strategy shall be submitted to and approved in writing by the Department. The strategy shall include details of both staff parking and any work vehicles. The strategy shall be implemented and thereafter retained.
Reason: To ensure that the development will not compromise the free flow of traffic or highway safety during the operational phase of the development.
C 13. The timing of works during the construction phase of the development shall only be as per paragraphs 4.7.1 of the Environmental Impact Assessment received on 24.06.2021.
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Reason: In the interests of local amenity and to ensure that the stipulated timing of works in the Environmental Impact Assessment is implemented.
C 14. The development hereby approved shall not be in operation outside the following times: Summer Hours (commencing the first Saturday in April until the last Sunday of September): o Monday to Saturday 08:00 - 19:00 o Sundays and Bank Holidays 08:00 - 16:00 Winter Hours: o Daily 08:00 - 16:00 The Site will be closed on Christmas Day, Boxing Day, New Year's Day and Tynwald Day.
Reason: In order to maintain the amenities of the area.
C 15. No development shall commence until a scheme for the provision of the bird and bat boxes shown in Appendix 4 of the Request for a Scoping Opinion received 24 June 2021, has been submitted to the Department for approval. The details shall include a plan showing their location on site, and the buildings, structures or features they are to be attached to. The works to install the bird/bat boxes shall take place strictly in accordance with the approved details and shall be completed before the first occupation of the development. The bird/bat boxes shall be permanently retained in accordance with the approved details.
Reason: To safeguard a statutorily protected species.
C 16. No part of the development hereby approved shall be occupied / brought into use until the proposed energy strategy set out in the Energy Impact Assessment/Statement (Appendix
Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.
C 17. The development hereby approved shall not be occupied or operated until the access, pedestrian and vehicle layout have been provided to accord with the Revised Proposed Site Plan Drawing No: AL PL 001 Rev H date stamped and received 19 August 2021. Such areas shall not be used for any purpose other than pedestrian movements and the access, parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: In the interests of highway safety.
C 18. Prior to the erection of the proposed gate cabin details of its design, location, colour, materials shall be submitted to and approved in writing by the Department. Once provided/constructed the cabin shall thereafter be retained as per the approved details.
Reason: For the avoidance of doubt and to ensure the design is appropriate and in the interests of the visual amenity of the area.
C 19. The recycling store shown on Drawing No. A_PL_001 Rev H shall only be used for the purposes of drop of and pick up of items, no recycling shall take place on site.
Reason: For the avoidance of doubt.
C 20. No works in connection with the development hereby approved shall commence until details of the proposed retaining walls, including as a minimum height and materials as shown on Drawing No. A_PL_001 Rev H have been submitted to and approved in writing by the Department.
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The retaining walls shall be carried out in accordance with the approved scheme and thereafter retained.
Reason: To ensure the implementation and management of a satisfactory scheme and in the interests of the visual amenity of the area.
C 21. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 or any order amending, revoking or re-enacting that Order no means of enclosure or fences, walls and gates, other than that shown on Drawing No. A_PL_001 Rev H and approved under condition 21 shall be erected on the site under the terms of Class 39 of Schedule 1 to that Order without an express grant of planning approval from the Department.
Reason: In the interests of the character and appearance of the development.
C 22. Notwithstanding the information shown on the approved drawings all fencing should be paladin fencing. The fence shall be dark green in colour.
To ensure the implementation and management of a satisfactory scheme of landscaping which will help to integrate the proposed development into the local landscape in the interests of the visual amenity of the area.
C 23. Prior to the commencement of the development hereby approved, details of Staff Cycle storage and changing facilities, and staff EV Charging points shall be submitted to and approved in writing by the Department. The Staff Cycle storage and changing facilities, and EV Charging points shall be provided strictly in accordance with the details, and thereafter retained as such.
Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.
C 24. The cladding and roof finish of the building must be coloured olive green or as otherwise approved by the Department and retained as such. The gantries (including the galvanised steel frames and balustrades) shall be retained in galvanised finish.
Reason: to minimise the visual impact of the development on the surrounding area.
This application has been recommended for approval for the following reason. On balance, and for the reasons set out in this report, it is considered the proposal would comply with the relevant policies as indicated within the Isle of Man Strategic Plan and would align with the principles of the Isle of Man Waste Policy and Strategy and the Area Plan for the East, and is not considered to have so great an impact on the surrounding area and its residents to justify a refusal. The proposal is considered worthy of support and is recommended for approval subject to conditions which have been referred to in the report.
Plans/Drawings/Information; This approval relates to the plans and documents received 23 December 2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
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THE APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS THE APPLICATION IS ACCOMPANIED BY AN ENVIRONMENTAL IMPACT ASSESSMENT
1.0 THE SITE 1.1 The site is the Recycling and Storage Compound, Richmond Hill situated adjacent to hazardous waste transfer facility and animal waste processing plant. The site is also situated about 80m southeast of the energy from waste facility in the Richmond Hill area of Braddan. Access to the application site is via the Kewaigue Road (A6).
1.2 The site which currently includes areas of grass and gravel, has wire fencing along its boundary with a metal gate providing access into the site. There are no trees on site to be impacted by the development. The site slopes steeply towards the south-west boundary, although the site access and frontage are at the level of the abutting highway. The site is around 1.4 hectares in area.
1.3 The nature of the topography of the immediate vicinity is such that there are no views towards the fields situated northeast given the raised nature of the lands northeast of the site which rises above 5m.
2.0 THE PROPOSAL 2.1 The application seeks planning approval for Variation of Condition C25 on approved planning application 21/00731/B for Creation of Civic Amenity Site.
2.2 Condition 25 states: "Colour of Building and bays
The cladding and roof finish of the building, and the gantries (including the galvanised steel frames and balustrades) must be coloured olive green or as otherwise approved by the Department and retained as such.
Reason: to minimise the visual impact of the development on the surrounding area."
2.2 It is indicated on the submitted drawing that: The gantry would be a galvanized steel structure with open mesh flooring & 1.1m high weldmesh fence on tubular galvanized steel balustrade. The gantry would also have a 2.4m high weldmesh fence on tubular, galvanized steel frame adjacent the parking side of the gantry.
2.3 The Cover Email provided by the applicants states the following:
2.4 An Environmental Impact Assessment was carried out for the scheme and Environmental Statement has been provided. The EIA includes a Non-Technical Summary which indicates the following: "The Eastern District Civic Amenity Site Joint Committee accepts the recommendation that the cladding and roof finish of the building should be coloured olive green.
Due to the hard wearing nature of the site and the maintenance issues surrounding painted galvanised steel frames and balustrades at the gantries, the painting of these items is not deemed an acceptable recommendation. The paintwork would constantly be chipped and worn due to members of the public using the balustrades for leverage to dispose of waste, also the skips and heavy machinery used on site would easily cause paintwork damage to the steel frames.
In relation to the view from the neighbouring properties, the backdrop of the gantries will be onto grey concrete retaining walls, therefore painting the gantries olive green will contrast them to their surroundings, making it more visible and unsightly for the neighbouring
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properties. We therefore request that you relax of this condition in so far as the gantries and balustrades are concerned and look forward to hearing your decision.
The neighbouring residents to the site, Mr & Mrs Bateson, have been consulted and support this application to vary condition C25 for the reasons stated above."
2.4.1 Scope of EIA: 2.4.1.1 The following topic areas have been considered within this EIA, and are included as technical chapters within this ES: o Transport; and o Landscape and Visual Impact Assessment.
2.4.1.2 The following topics were scoped out of the ES given the location of the site, the existing baseline conditions, and the site history: o Ecology; o Ground Conditions; o Air Quality; o Noise and Vibration; o Water Environment; and o Archaeology and Cultural Heritage.
2.4.2 The Following parts of the Environmental Impact Statement are also relevant to the current application:
2.4.3 Landscape and Visual Impact 2.4.3.1 The LVIA focusses on the area within a 2km radius of the location of the proposed development, with a particular focus on a 1km radius. This radius was chosen as the area with the potential to be impacted by the proposed Re-use building. Given the height of this building, it is considered unlikely that there would be any significant effects beyond this.
2.4.3.2 No valued areas or sensitive receptors such as statutory landscape designations are located within the 2km boundary of this study area.
2.4.3.3 The proposed development would not have a significant effect on the character of the landscape or surrounding features, due to the location of the proposal within the Industrial Park - close to the adjacent Energy from Waste Facility and other waste management facilities. These structures around the site are significantly larger than the proposals and consist of visually dominant features, such as the incinerator stack associated with the adjacent Energy from Waste Facility.
2.4.3.4 The effects of the proposal would not extend far beyond the immediate setting of the site, effects would be confined to within 1km of the site as existing vegetation, the rolling landscape, and industrial surroundings screen the site from view. The effect on the landscape of the proposed development has therefore been considered not significant.
2.4.3.5 Overall, the proposed Civic Amenity Site would not result in any significant effects. Furthermore, any non-significant effects would reduce over time once the proposed additional vegetation is established to provide further screening.
2.4.4 Consideration of alternatives: Alternative site locations have been considered by the Joint Eastern Civic Amenity Site Committee, and an additional eight possible site locations were investigated. These were discounted in favour of the Site described within this proposal due to its position adjacent to the Energy from Waste Facility, and location within an area zoned for 'Industrial' waste purposes.
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2.4.5 Cumulative Effects: 2.4.5.1 The EIA has not identified any development projects in proximity to the site requiring consideration within the study. As such, cumulative effects of the proposed development in combination with other nearby developments have not been assessed.
2.4.5.2 As neither the transport nor landscape assessments outlined above found there to be any significant effects, it is concluded that there are no cumulative effects arising from a combination of environmental impacts.
2.5 The EIA indicates that they have consulted with various bodies including DEFA, Department of Infrastructure, Braddan Parish Commissioner (via Joint ECAS Committee), Manx National Heritage and the Manx Wildlife Trust.
2.6 A document stating the Rationale for Site Relocation prepared by the Douglas Borough Council and provided by the applicant. This document concludes that the proposed Eastern Civic Amenity Site is designed to WRAP (Waste & Resources Action Programme) specifications and designed to accommodate the ever growing population in the East of the Isle of Man, highlighted by the increase in areas zoned for housing in the Eastern Area Plan. The document states that the current Eastern Civic Amenity Site is currently operating at maximum capacity and in certain times in excess of its capacity. This has necessitated the relocation of the Eastern Civic Amenity Site to the proposed Middle Farm site.
2.7 Further to the documents provided in support of the application, the applicant have also provided email correspondence from the neighbours who initially requested that condition 25 be included dated 22 November 2022, which states that following: "We have considered your proposal to request an alteration to the planning conditions and I can confirm that we do not raise any objection if the gantries, frames, balustrades and wire fence are left a natural steel colour rather than being painted green. We note that you do not propose an alteration to the colour of the building itself or of the skips which are to be olive green".
3.0 PLANNING POLICIES 3.1 The site is within an area zoned as Special Industry (Including EFW, AWPP & HWTF) on the Area Plan for the East Map 4 and the site is not within a Conservation Area. The site does not lie within a high flood risk zone, there are no Registered trees on the site, and the site is also not within a Registered Tree Area.
3.2 The Character Appraisal within the Area Plan for the East states thus concerning the area: "Landscape Character Area: Douglas Head (D12)
3.2.1 Landscape Strategy Conserve and enhance: a) the character, quality and distinctiveness of the area, with its open and panoramic views over large rectilinear fields; b) its steep winding small lanes enclosed by grassed Manx hedges; c) its scattered hill farms fringed by trees. 3.2.2 Key Views Open and expansive views from most of the area out to sea, along the coast, over Douglas Bay and inland over the incised inland plateau up to the northern Uplands. Telecommunications tower on hill top forms highly visible landmark in surrounding areas.
3.3.3 The following policy within the Area Plan is also considered relevant: 3.3.3.1 Employment Proposal 5:
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"Part of Site BE010g at Middle Farm, Braddan, measuring some 6.9ha, and lying immediately to the east of the existing waste management complex at Richmond Hill, is allocated for special industrial use, particularly the management processing, recycling and storage of waste".
3.3.3.2 Development Brief 1. "No planning approval will be granted for the development of any part of this site until a Masterplan for the whole of the 6.9ha site has been submitted to and approved by the planning authority. The Masterplan must show all proposed spatial elements, including areas intended for buildings; open work areas; structural landscaping areas; and circulation and parking arrangements. The Masterplan must show how these elements will be phased. 2. There must be no net qualitative loss of biodiversity as a result of the development of this site, 3. An Environmental Impact Assessment will be needed for any development proposed on this site. 4. A Travel Plan must be submitted as part of any planning application which sets out a strategy for the delivery of sustainable transport objectives, and demonstrates how these are to be achieved and updated over time. 5. Consideration should be given to the provision of cycle parking and changing facilities as part of any development proposal.
3.3.3.3 Employment Proposal 6: "Within the Waste Infrastructure Consultation Zone at Richmond Hill, there will be a presumption against development for purposes in which vulnerable members of the public would be present, including housing, and educational and medical establishments".
3.4 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:
3.4.1 General Policy 2 states: "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; (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; (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".
3.4.2 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:
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(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
3.4.3 Strategic Policy 4: (b) - protects the nature conservation value of urban and rural areas (c) - indicates development must not cause or lead to unacceptable environmental pollution or disturbance
3.4.4 Environment Policy 4 protects biodiversity (including protected species and designated sites).
3.4.5 Environment Policy 22 deals with vibration, odour, noise and light pollution in relation to nearby properties.
3.4.6 Environment Policy 24: Development which is likely to have a significant effect on the environment will be required: i) to be accompanied by an Environmental Impact Assessment in certain cases; and ii) to be accompanied by suitable supporting environmental information in all other cases.
3.4.7 Paragraph 7.18.2 "For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall within these categories, but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows:
i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects".
3.4.8 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.
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3.4.9 Strategic Policy 10 - new development should not adversely affect highway safety for all users and encourage pedestrian movement.
3.4.10 Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."
3.4.11 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.
3.4.11.1 Appendix 7: It is essential therefore that any applications for industrial development can demonstrate that there is sufficient off street parking provided within the application. A general policy of one space per 50 square metres of nett will be required with additional space for manoeuvring where larger vehicles may be using the site, although an increased standard may be needed for uses which generate a high level of traffic, including light industrial and research and development businesses.
3.4.12 Transport Policy 8: "The Department will require all applications for major development to be accompanied by a Transport Assessment."
3.5 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Waste Policy and Strategy 2012 - 2022: 4.1.1 It was adopted in 2012 and is intended to be applicable until 2022. This refers to a general strategy where waste is ultimately reduced to zero through a series of reduction, reusing, recycling and ultimately disposal. The Vision towards zero waste will involve the provision of the necessary waste infrastructure, continuing to be guided by the appropriate principles, applying proportionate legislation and increasing the efficiency and effectiveness of our waste resources, taking into consideration the financial constraints facing the Island. This goes on to explain that the success and delivery of this approach will be measured by two high level performance targets - to recycle 70% of the Island's waste across sectors and secondly the commit to reduce waste to landfill to 5%. This is to be achieved by 2022 (page 4).
4.1.2 Policy 4 - Waste Infrastructure: It states that we will ensure that the Island has access to an adequate network of waste storage, processing, treatment and disposal facilities developed in accordance with the principles of self-sufficiency, proximity and cost, whilst complying with the appropriate legislation.
4.1.3 Strategy - Key Proposals: It seeks to "work with all partners to ensure resources deployed to street-based "waste" activities are optimised" and "work with Planning to provide clear standards to Local Authorities and developers relating to the size, space requirements and other constraints for waste and recycling containment and handling systems" (page 6).
4.14 The recycling targets stated are - household - 30%, construction and demolition - 90% and commercial and industrial - 50%. It also refers to increasing the rates of recycling of plastics, textiles and non-ferrous metals and identifying opportunities for the recycling of commercial waste including a commercial waste subsidy scheme which should be reviewed and maintained and the identification of new sites for "recycling on the go".
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4.15 A key economical policy is to ensure that operational costs to Government are matched by income therefrom and that the cost of waste activities is neutral to Government, to promote greater regionalisation for household waste collection regimes to ensure resources are optimised, reducing the amount of refuse collection vehicle trips to the EFWP which are at less than 90% gross vehicle weight and increase where appropriate the level of waste treated on- Island to reduce waste costs to industry as well as identifying joint procurement opportunities for the Island's Civic Amenity Sites.
4.16 There is nothing within the Strategy which specifically identifies the need for new or increased recycling sites.
4.17 Appendix 1 (Waste Management 2010/11): The Strategy also identifies that 50% of the Island's waste is related to construction and demolition; 23% comes from household generated waste which is taken to recycling banks, kerbside recycling, street litter and 22% comes from the Island's commercial and industrial activities. The final stage in the management process is composting, recycling or landfill.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 "Species conservation To effectively conserve rare species requires evidence-based policies and measures, which in turn need data from studies undertaken on the Island or in comparable places. Conservation measures may include law enforcement or incentives to land managers for habitat management such as grazing or control of non-native species.
The Isle of Man Delivery Plan will identify species and habitats requiring action (Biodiversity Action Plans). Work on the plans and conserving some plants and animals has already begun. For example bee orchid, basking shark and red-billed chough are subject to dedicated programmes of research and conservation. Key species and priority habitats will be identified and plans drawn up".
4.3 Minerals Act 1986 4.3.1 Minerals act 1986 states in Part 2 - Miscellaneous; paragraph 29 states; "that over 200m2 of excavation requires a mineral license from the Department of Enterprise.
5.0 PLANNING HISTORY 5.1 The most recent application for the site under PA 21/00731/B for Creation of Civic Amenity Site which was approved by the Planning Committee on 21 February 2022 is considered to be particularly relevant to the current application. The application was approved subject to 25 conditions, one of which the current application seeks to vary.
5.1.1 There was particular reference to the visual impact of the scheme as those in neighbouring dwellings were concerned that the proposed external finish of the building and gantry would increase its visual impact when viewed from the surrounding landscape. Upon further review, the Planning Committee recommended that the building and bays should be green in order to lessen the visual impact, with condition 25 imposed to achieve this aim.
5.2 The site has been the subject of an earlier planning application for the relocation of existing stone recycling area and creation of industrial starter units under PA 10/00155/B. This was refused by the Planning Committee in July 2010, but approved at appeal.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 The Department of Infrastructure (DOI) Highways Division have indicated that there is 'No Highway Interest' regarding the application in a letter dated 23 December 2022.
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6.2 Braddan commissioner have stated that they have no objection to the application (24 January 2023).
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The main issue to consider in the assessment of the current application is the Landscape/Visual Impact. It is considered that the principle of development, the need for EIA, impacts on local amenity (noise, smell, and light), highway impacts, flood risk concerns, impacts on ecology, and issues with excavation on site would remain as initially assessed and determined under PA 21/00731/B. As such, these elements of the development would not be assessed within this report.
7.2 The issues which are controlled by the waste disposal licence and discharge licence are not matters for planning control as they are the subject of other regulatory controls. Therefore, these matters would be better addressed via the appropriate instruments and as such would not be assessed as part of this application.
7.3 LANDSCAPE/VISUAL IMPACT (GP2, WP1) 7.3.1 Chapter 7 of the applicant's EIA considers Landscape and Visual Impact Assessment.
7.3.2 Paragraph 7.1.2 of the ES states that Chapter 7 "(and its associated figures and appendices) is not intended to be read as a standalone assessment and reference should be made to the front end of this Environmental Statement (ES) (Chapters 1 - 5), as well as the final chapter, 'Summary of Residual and Cumulative Effects' (Chapter 8).
7.3.3 In terms of the potential impacts upon the landscape character areas during construction, paragraph 7.5.3 states that: "The construction phase would result in some short term / temporary adverse effects for the duration of the works, which would be approximately 36 weeks. It is not anticipated that these effects would be significant due to the existing use of the site and its context within Middle Park Industrial Estate".
7.3.4 With regard to potential impacts upon the landscape character of the completed development, two issues are considered. These are; i. The potential impacts upon the character of the site; and ii. The Potential impacts upon the character of the setting (locality).
7.3.4.1 In relation to the impact on the character of the application site, paragraphs 7.5.4 - 7.5.5 states, "Following the criteria set out in Table 2 of Appendix 7.1, the site is considered to be of low value as it is in poor condition, with low importance, scenic quality and rarity and due to existing industrial related uses which would be suitable for "recovery" in the future. The susceptibility of the site to the proposed change is considered to be low as the development would introduce industrial buildings and ancillary structures, but in the context of the existing industrial activity at the site. The site is therefore considered to be of low sensitivity to the proposed development.
The magnitude of the impact on the site would be low due to the existing use and cluttered appearance of the site and the presence of the adjacent waste management facilities. The overall effect of the development upon the landscape character of the site would be slight adverse (not significant)".
7.3.4.2 In terms of the potential impacts upon the character of the setting (locality), paragraphs 7.5.6 - 7.5.8 states, " Though at odds with the pastureland within the study area, the proposed civic amenity site would be in keeping with the existing industrial land use within the site and the surrounding industrial estate. The buildings would be smaller than the existing adjacent buildings and situated within the context of the surrounding structures.
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The surrounding area is considered to be of medium value as there is some scenic quality which is likely to be valued locally. The area is considered to be of medium to low susceptibility to the proposed change as the development would introduce industrial buildings in the context of the existing industrial activity at the site. Therefore, the sensitivity of the surrounding area to the proposed development is also medium.
The scale (footprint, massing, and height) of the proposed development would mean that the buildings have the potential to be seen predominantly in the immediate area and to some extent within 1km of the site, although these would be in the context of the existing buildings and industrial uses on site. The variation in ZTV (Zone of Theoretical Visibility) coverage and additional screening from overlying vegetation cover when allied to the existing industrial use of the site would mean that the magnitude of the impacts of the proposed development would be low. Overall effects would therefore be slight to moderate adverse (not significant) and would reduce with distance from the site".
7.3.5 In assessing the visual effects (impacts) the issues considered were (i) the potential visual impacts during construction, as well as (ii) the Potential visual Impacts during operation. Paragraph 7.6.1 states that the approach to assessing these impacts were based on the a desk-based study, a and a series of field investigations which verified the main settlements, communities, roads, railways, footpaths, and cycle routes (visual receptors) from which the site can be seen within the study area. It further states that the focuses on those within 1km of the site as it is considered that, due to distance and the intervening topography, development and vegetation, any views of the proposals from receptors beyond 1km would not be significant. The representative viewpoints are illustrated on the ZTV (Figure 7.1). Photographs were taken in April 2021 and are provided as Figures 7.2 to 7.7. The impacts detailed using the ZTV (Figure 7.1) and knowledge of the site.
7.3.6 In terms of the Potential visual effects during construction, paragraph 7.6.3 of the ES notes that Table 7.1 of the ES identifies possible construction impacts. It states that, "For the receptors that would experience visual effects during operation, all the impacts are assumed to be adverse during the construction phase, but the level of these adverse impacts would be reduced by the short duration of operations. A condition has therefore been attached to this to ensure that the construction work is carried out within the stipulated construction time in 4.7.1 of the ES to ensure that the observed impacts are not exacerbated during the course of the construction phase. As well, a condition requiring a 'Construction Management Plan', which details the necessary mitigation measures to be taken during construction, has also been imposed.
7.3.7 In terms of the potential visual during the operation of the facility, 7.6.4 states, "The ZTV (Figure 7.1) indicates that the site and its ancillary structures would in theory be visible from within much of the land within the 2km study area. However, the surrounding tree clumps, fragmented woodlands along field boundaries and other topographical undulations suggest there is limited visibility of the proposal within the ZTV. In addition, the current development (which consists of the Energy from Waste disposal facility and stack and other industrial units) would further obscure the site from view".
7.3.8 The visual impact during operation on residential receptors:
7.3.8.1 In relation to the visual impact on residential receptors which is the key concern for the current proposal, paragraph 7.6.5 states that none of the individual properties, communities and settlements, all of which are considered high sensitivity receptors have been assessed as having significant visual effects from the proposed development. Paragraph 7.6.6 further states, "...as it was not possible to enter the curtilage of private residential properties, the assessment erred on the side of caution and took a worst-case scenario from each property. The most noticeable effects would be experienced by the residents of the following properties:
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o Slight to moderate adverse (not significant) effects on the overall visual amenity of the unnamed property northwest of Cronkbane Farm, 540m to the south-west, where the proposed development would be intermittently visible in the context of the existing site and screening vegetation around the property, the view would be similar to Viewpoint 3. o Slight adverse (not significant) effects on the overall visual amenity of Cronkbane Farm, (similar to Viewpoint 3) 570m to the south-southwest, where there may be glimpses of the proposed development between intervening vegetation".
7.3.8.2 Given the identified landscape and visual impacts, which are not considered to be significant (but adverse in some cases), the various mitigation set out in paragraphs 7.7.1 - 7.7.2 of the ES states, "Mitigation measures are required in order to avoid, reduce, remedy or compensate for any adverse effects of the development. The principle of mitigation commences with the design of the development and is an iterative process, in that measures are taken, wherever possible, to adjust the design to minimise adverse effects. This has already been undertaken by locating the proposed development within an area of existing industrial and waste management development.
7.3.8.3 Additional mitigation has also been incorporated into the design of the development as the existing boundary vegetation would be retained and reinforced to provide some screening of the development.
7.3.8.4 Whilst the occupants of Cronkbane House, Oak Hill, Port Soderick had initially suggested that the colour of building and gantry should be green to reduce visual impact. They have sent in additional comments which indicate that they consider the proposed change to the colour of the gantry to be acceptable for the reasons that have been articulated by the applicants, particularly as the colour of the building would be retained as previously approved. It is also vital to note that it has been established within 7.4.21 of the ES that: "The colours of the landscape in the vicinity of the proposed development site are dominated by the soft greens and browns of the farmland and the contrasting darker tree belts and plantations and lighter large scale industrial development"; a condition that would serve to further diminish any visual impacts that would result from finishing the gantry and its associated features in galvanised steel, given the prominence of the green background within the site and surrounding area.
7.3.8.5 Based on the foregoing, it is considered that the visual and landscape impacts resulting from the gantry having galvanized steel finish would be negligible, particularly as the backdrop of the gantries will be onto grey concrete retaining walls.
8.0 CONCLUSION 8.1 The principle of the development is welcomed, as it reuses an existing site and will increase the effectiveness of a vital element of infrastructure whilst also, once in operation, reduce the potential for wider environmental/amenity impacts.
8.2 On balance, it is considered that the application should be supported (subject to conditions), given that the identified impacts are acceptable, with the mitigation proposed within the scheme to deal with associated impacts considered to be appropriate.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material;
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(e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 19.06.2023
Signed : P VISIGAH Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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