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This application is recommended to be considered by the Planning Committee as it is likely to be of wider public interest and the Local Authority object to the proposal which is recommended for approval.
The application site is Lhergydhoo Sand Pit, Lhergydhoo, Ramsey Road, German. The site was originally a sand quarry however the extraction of sand has now ceased. As part of the works to backfill the quarry, some ancillary recycling activity occurred on the site. It is now used more commercially for the recycling of inert waste although no approval for this as a separate activity has been given. The site has been partially filled however much of the area remains excavated.
This application seeks approval for the temporary use of the land for recycling for one year and subsequent restoration of the site to agricultural use over a two year period.
The application submission includes a document labelled Planning Statement which sets out the description of the development proposed. There is also an Environmental Impact Assessment (EIA).
The submitted Planning Statement sets out that JCK Ltd was granted planning approval on the 29th July 2010 for a new recycling operation at Balthane Industrial Estate, Ballasalla. It is set out that the new site will take approximately one year to prepare before it is operational.
The statement clarifies that this application seeks approval to continue recycling at Lhergydhoo for a one year period followed by a two year period to complete the restoration of the site. Once the Balthane site is operational, only the (inert) waste from the recycling carried out at Balthane will be brought to Lhergydhoo to complete the restoration of the land back to agricultural use.
The statement further asserts that the disposal of inert waste at Lhergydhoo (to restore the site) has approval without a time limit for completion as part of the permission for the sandpit..
The applicant advises that a survey carried out in August 2010 indicated a volume of 68,762 cubic metres left to fill the Lhegydhoo site to the original profile. The finished profile will be dependent on the amount of inert waste brought to the site from the construction industry within the next three years, but will not exceed the previously approved levels.
Restoration of the final profile will include a 200mm layer of topsoil, seeded with grass suitable for animal grazing, with ground slopes graded accordingly. The existing post and wire fencing will remain and the stone walls adjacent to the entrance will be replaced with hedging. The existing vehicular entrance will be reduced in width to that normally expected for an agricultural field but the visibility splay will remain. The staff cabins, weighbridge and wheel washer will be removed and the internal roadway would be taken up and landscaped within the overall finished profile.
The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance (AHLV) by the 1982 Development Order.
Since the consideration and determination of the 2002 application for the sandpit and the 2004 application for the recycling of wood (see planning history below), the Strategic Plan has been adopted. It is appropriate to consider the policies contained therein when considering the planning merits of the development.
The overarching Strategic Aim is:
'To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the
quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.'
The relevant policies are:
Chapter 12 sets out the policies relating the waste management on the Island. The following policy is adopted:
Waste Policy 1 is the most relevant of the policies. It states:
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:
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.
The origins of the sandpit appear to date back to the 1940s.
PA 93/00201: Extension to Sandpit and reinstatement to pasture following infilling with inert materials. Granted following an appeal on 16 March 1994 subject to conditions.
PA 02/02365: Works to allow final excavation at sandpit and reinstatement to pasture (originally approved under 93/00201B) using inert materials with amended access arrangements onto the highway. Granted 11 June 2003 subject to conditions.
Condition 2 states that 'only waste from the construction industry shall be deposited as backfill and that waste shall only contain the following types of material(s):
Soil, slay, sand, stone, brick, concrete, ceramic materials, slate, glass, plastics metals all of which shall be non-leachate forming materials.'
Condition 3 limits the operations on site to 'the extraction, movement, grading of sand and any associated delivery of sand/gravel to the site and delivery, movement, deposit, levelling, compacting and covering of waste materials.'
Condition 7 states:
"Following completion of the final phase of infilling, the site must be topped with subsoil and then top soil in accordance with the approved drawings and returned to agricultural land."
PA 04/01180: Recycling of Wood into woodchips and siting of additional plant. The application was granted on 17 November 2004. The decision notice clarifies that the approval was an amendment to allow for wood chipping until the final phase of the infilling of the sandpit was complete. It allowed for the reception, sorting and chipping of waste plant matter including wood and bark and the storage of such, pending removal off site for recycling elsewhere.
Condition 6 of the approval clarified the limitations of the uses on site thus:
'...operations shall include the extraction, movement, grading of sand and any associated delivery of sand/gravel to the site and delivery, movement, deposit, levelling, compacting, and covering of waste materials as well as the shipping of waste plant matter.'
06/1473/B: Excavation of part of field for the extraction of sand, with access to site via a duct under Ballagyr Lane, installation of new entrance gate, and provision of a perimeter tree planting scheme.
06/01366/R: An application for use of the site for the recycling of materials was submitted on 14 August 2006. The application was withdrawn on 25 September 2006, shortly before an application for certificate of lawfulness was submitted. (see below)
06/01773/LAW: Recycling of inert waste materials. An application for a certificate of lawfulness was submitted on 25 October 2006. A subsequent decision was made by the Director of Planning and Building Control in accordance with his delegated authority to refuse to grant the certificate. The decision was challenged by way of a Petition of Doleance in respect of the procedures which were undertaken in its determination. The decision was subsequently quashed and a review was undertaken by an independent inspector. The Inspector's recommendation was made on 9 January 2009. His recommendations were accepted by the Hon P A Gawne MHK who was appointed to
undertake the functions of the Minister for Local Government and the Environment. The application was formally refused on 21 January 2009.
The owners/occupiers of Woodheights, Knocksharry, German object to this application. Their objections may be summarised as concerns regarding visual impact, highways issues, noise, dust and impact and amenity and the need to make such an application given the decision made on the 2006 Certificate of Lawfulness application.
The Isle of Man Water and Sewerage Authority do not object to this application but have submitted a note which sets out that it is an offence to discharge polluting or harmful matter to any public sewer or watercourse. The applicant is reminded of this matter however this is dealt with under separate legislation to that of the Town and Country Planning Act.
The owners/occupiers of Beech House, Whitestrand, Lhergydhoo, German objects to this application setting out that they have objected to previous proposals and that planning approval has been refused by an independent inspector (this presumably refers to the Certificate of Lawfulness application).
The owners/occupiers of Medehamstede, Lhergydhoo, German object to this application on the grounds of noise, dust, highway issues, the location of the site and failure of the applicant to adhere to previous planning conditions.
The owner/occupier of Knocksharry House, Switchback Road, German supports this scheme as it timetables an end of the operation and the restoration of the site which is long overdue. They set out that they would strongly oppose any extension to the timescales set out within section 2.3 of the application submission.
The owners/occupiers of St Germain's Halt, Lhergy Dhoo, German object to this application on the grounds of visual intrusion into an area of High Landscape or Coastal Value and Scenic Significance, noise intrusion, and that the operations at the site have not complied with planning requirements.
German Parish Commissioners object to this application setting out that the operations have carried on without planning permission and that it is indicated that it would likely close in the near future. As such the Commissioners feel that the application is unnecessary.
The application seeks a temporary approval to carry out recycling at the site for a period of 1 year followed by a 2 year period of infilling as part of the restoration of the sandpit. The justification behind the proposal is to allow the transition of the recycling operation from the application site to the new site at Balthane which the applicant has planning approval for (10/00623/C). Furthermore by allowing a period of regularised recycling at the site, the rate at which the land can be restored would be quicker. These apparent benefits must however be balanced against the harm that could be caused to the amenities of adjacent properties and to the character of the surrounding area.
The 2002 planning approval for continued sand extraction at the site included a condition which required the restoration of the site once the sand quarrying operation had ceased. However, the condition does not include any phasing for any restoration or indeed a date by which the land must be finally restored. As such, there is no control in place to ensure that the site is reinstated to agricultural use. This is important as the site lies within an area recognised as being of High Landscape or Coastal Value and Scenic Significance. Whilst the quarry's inauguration predates this designation, it remains that the site detracts visually from the amenities of area. Furthermore, the restoration of the site could take an indefinite time to complete which in itself would likely cause disturbance to adjacent properties over a protracted timescale. One of the factors in favour of allowing a relatively short period of authorised recycling at the site would be a significantly
accelerated restoration programme of three years in total. Additionally, the Planning Authority would be able to impose controls over the use of the site which are not currently in place.
Recycling is a key aim of the Isle of Man Strategic Plan 2007 Plan, indeed it is embodied within the Strategic Objectives of the Plan where it is stated that in terms of resources, the Department will seek “To contribute towards reducing energy consumption by encouraging more efficient use of energy through conservation, recycling and waste reduction”. Furthermore, Paragraph 12.2.12 sets out that “The need for waste management facilities will be assessed against policies set out in the Government’s waste management plan, and in particular the waste hierarchy. The Government recognises that to promote sustainable waste management it will need to encourage the development of facilities for reuse, recovery and recycling”. Waste Policy 1 provides detailed guidance on how to assess applications which include recycling. The policy identifies the issues to consider, highlighting adverse impacts upon local residents, wildlife and highways safety.
The Planning Authority seeks to ensure that where development takes place, it does so in a way which does not undermine the amenity of local residents in an unacceptable way. This objective is sometimes challenged for development that needs to be site specific, as was the case with the sand quarry. The necessary processes to extract and backfill the sandpit are inherently un-neighbourly.
The harm arising from the use of the site for recycling has been set out by several adjacent property owners. Concerns raised include highway safety, noise and dust emissions and impact upon the surrounding area. Recycling at the site has been carried out without authorisation and this continues to date. As such the impacts currently experienced by neighbouring properties are likely to continue during the 1 year period of authorised recycling proposed by this application. It is not disputed that the use of the site has adverse impacts both on the surrounding area in general and more specifically upon individual properties.
At the current time, the view of the Planning Authority is that the recycling activities taking place are at such a level that they are now not ancillary to the use of the site as a sandpit. The recycling was previously carried out in order to obtain inert material to backfill areas of the pit and the remaining material was taken from the site. More recently, the recycling has become more of a commercial operation where recycled goods are separated for re-use and only a small proportion is used for the restoration of the site.
The Inspector who considered the application for a Certificate of Lawfulness deemed that the shift from ancillary use to commercial operation occurred sometime in 2005 when sand extraction ceased. This would mean that the use would be lawful if it were allowed to continue beyond 2015.
The Inspector’s conclusions are not a definitive decision; if further information can be provided to demonstrate that the commercial activity commenced earlier, then an alternative decision could be reached. At the moment, the applicant has in abeyance a Petition of Doleance over the Inspector’s findings.
Whilst the proposal for the use for recycling is contrary to the development plan, due to the location of the site in the countryside and in an AHLV, to refuse planning permission would mean that the restoration of the site could be carried out at a rate determined by the applicant and this could still involve a level of recycling activity. It should be noted that there would be little or no incentive for the operator to expend capital on restoration given that there is no control in place to require such action. However, should the temporary approval applied for be granted, this would give the Planning Authority the controls to require restoration within a set timescale of a considerably reduced period. The site would be restored to agricultural use and the impacts of the current operations would be removed.
There are factors weighing in favour of either of the options outlined above being taken. One scenario could remove the impacts upon amenity relatively quickly however the site would be left as
an eyesore on an otherwise attractive rural landscape, contrary to EP1 and EP2. Alternatively, the impact upon amenity could be prolonged by a further year, with a subsequent two year period of infilling (contrary to part (b) of WP1) although this would serve to restore the site in a timely manner to the benefit of the area and residents. Once completed, the amenity of adjacent properties would be significantly improved.
Furthermore, there is a possibility that enforcement action could be unsuccessful or that a Certificate of Lawfulness could be granted if further information and evidence were to be provided.
It is concluded that based on the issues considered in this report, on balance permission should be granted. This would provide the Planning Authority with the necessary controls required to ensure that the site is returned to agricultural land expeditiously.
Permit.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
German Parish Commissioners The owners/occupiers of Medehamstede, Lhergydhoo, German
Accordingly the following parties are not granted Interested Party Status:
The owners/occupiers of Woodheights, Knocksharry, German The owners/occupiers of Beech House, Whitestrand, Lhergydhoo, German The owner/occupier of Knocksharry House, Switchback Road, German The owners/occupiers of St Germain’s Halt, Lhergy Dhoo, German The Isle of Man Water and Sewerage Authority
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 03.02.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The recycling operations shall only be for inert waste from the construction industry and shall be limited to the following types of material: soil, clay, sand, stone, brick, concrete, ceramic materials, slate, glass, plastics and metals, all of which shall be non-leachate materials.
C 2.
This approval relates to the temporary use of land for recycling for one year and subsequent restoration of site to agricultural use, Sand Pit, Lhergydhoo, German as shown by Location Plan, Site Plan and SP005 all received 20th October 2010.
C 3.
On, or prior to one year from the date of implementation of the permission, the staff cabins, weighbridge and all machinery including the powerscreen chieftan, but excluding machinery essential for the restoration and landscaping works and a site office, shall be removed from the site.
C 4.
Within a period of three years from the date of this permission, the site shall have been restored to the levels provided in plan number SP005, or other such levels as may be agreed with the Planning Authority and in accordance with a restoration scheme which shall have been approved in writing by the Planning Authority.
C 5.
On, or prior to three years from the date of this permission, all machinery and buildings shall have been removed from the site, and the access and hardstanding shall be removed and landscaped in accordance with a plan to be submitted to and approved in writing by the Planning Authority.
C 6.
The site shall only be operated between the hours of 0800 and 1700 Mondays to Saturdays. The site shall not be operated on Sundays or bank holidays. These limitations shall apply to operations on site. For the purpose of this condition, operations shall include: the delivery, processing, bailing, separation, sorting, depositing, levelling or compacting and any other waste related activity.
C 7.
No waste shall be burned on site.
C 8.
This permission shall remain valid for a period of one year from the date of the approval and the applicant shall notify The Department of Infrastructure of the date of commencement.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Permit Authority Meeting Date : 10-2-2011
Signed : D. L. C. L. (handwritten) Presenting Officer
Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
3 February 2011 10/01555/C Page 9 of 9
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