PURPOSE OF REPORT Since this proposal is recommended for approval and is deemed as significantly contrary to the Development Plan, the application should not be dealt with under delegated powers and is presented to the Comhairle for a decision.

COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being

implemented.

SUMMARY 2.1 This is an application for planning permission for the creation and use of a temporary

waste transfer station at the former dormitory site in Marybank, Isle of Lewis. The applicant is UBC Group Limited, 11-13 Henderson Drive, Inverness, IV1 1TR. One representation has been received in respect of this proposal from Calum Mackenzie on behalf of Comhairle nan Eilean Siar Marybank Depot, with regards to land tenure and site boundaries. Conflicts of land tenure/ownership are negotiated outwith the remit of planning. No objections have been received from statutory consultees.

2.2 The applicant has provided a Waste Transfer Station Working Plan in order to the aid the assessment of the proposal in light of SEPA requirements regarding Waste Transfer Licensing.

2.3 Though the development is contrary to proposal HCL2 within the Western Isles Local Plan 2008, the proposal accords with other provisions within the Development Plan with regards to efficient use of resources, reduction of pollution, minimisation of waste and promotion of the use of recycled materials. The proposal also accords with Scottish national policies and strategies, particularly Scotland’s Zero Waste Plan, National Waste Plan, and the consolidated Scottish Planning Policy. Given the temporary nature of the proposed development, the proposed use of the site for future housing can be maintained.

2.4 Conditions are attached to planning consents for waste transfer facilities which address and refer to the Working Plan, restrict hours of operation, seek to reduce noise and light pollution and may provide a framework for subsequent mitigation if adverse impacts occur. A condition has been applied in Appendix 1 which will limit the duration of consent in order to safeguard the site for future housing development and in order to maintain the long-term amenity of neighbouring residential properties.

RECOMMENDATION 3.1 It is recommended that the Comhairle APPROVE the application, subject to

conditions in Appendix 1 of this Report. Contact Officer: Eric Wojchik Tel: 01851 822690 Email: e.wojchik@cne-siar.gov.uk Appendices: 1 Schedule of proposed conditions 2 Site Plan, Bunding and Skips Plan and Welfare Facility Background Papers: None

ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 22 MARCH 2011 APPLICATION FOR PLANNING PERMISSION FOR A TEMPORARY WASTE TRANSFER STATION AT THE FORMER DORMITORY SITE, MARYBANK, ISLE OF LEWIS (REF NO 10/00298) Report by Director of Development

BACKGROUND 4.1 The application is for planning permission for the temporary use as a Waste Transfer

Station at the former Dormitory site in Marybank, Isle of Lewis. The site itself is currently functioning as a builders yard and part waste transfer station for UBC Ltd. The current planning proposal will allow a measure of control of the site in terms of SEPA protocol and imposed planning conditions.

4.2 The site is approximately 1.5 ha in area. The site is located to the West of the Comhairle Marybank Depot, to the East of Marybank Industrial Estate, and to the Northeast of Allt Na Broige residential area in Marybank. The proposal involves the storage of inert materials with areas designated for aggregate storage, skips, recycling, crushing, storage of concrete products, storage of building materials, a scaffolding plant, cabin storage, and a welfare facility. The crushing area is approximately 90 metres away from the nearest noise sensitive properties at 7-10 Allt Na Broige, Marybank. Officers of the Comhairle have recommended conditions regarding hours of operation in order to reduce impact on noise sensitive properties. The developer has agreed to amend the Working Plan to take account of these new hours. The crushing area will be bunded with a 3 metre high by 1 metre wide bund of peat, rock, and vegetation mix in order to further screen the development and reduce noise impacts. Access is taken via the existing access from the A859 which links Stornoway and Tarbert. The Waste Transfer Station Working Plan sets out in further detail on the site description, site engineering, site infrastructure, and site operations. The Working Plan was created in consultation with SEPA.

4.3 The site is designated for housing within the Western Isles Local Plan 2008 under policy HCL2 and in Map 4 appended to the Local Plan. The current proposal for a Waste Transfer Station on this designated housing site is considered contrary to the Development Plan. The proposal may also impact on the viability of an adjacent site within the Local Plan, LP/HCL1(e), Allt na Broige, Marybank (North). In discussions with the Officers of the Comhairle regarding future plans for the Dormitory Site, Marybank, UBC Ltd has stated their intention to develop the site for housing after a temporary period of operation as a waste transfer station, for a period of 5-8 years, to allow site preparation works, namely the lowering and levelling of ground levels.

RESPONSES TO CONSULTATION COMHAIRLE ENVIRONMENTAL HEALTH

5.1 ‘Noisy works should be limited to 8am-6pm Monday - Friday and 9am - 1pm on Saturdays. There should be no Sunday working.’ TECHNICAL SERVICES - ROADS

5.2 ‘No objection provided that previous conditions relating to surface water flowing on to the A859 are addressed.’

SCOTTISH WATER 5.3 ‘Scottish Water has no objection to this planning application. There may be

contaminated land issues relevant to the development of this site. The developer must ensure that satisfactory precautionary measures are taken to protect public water and sewer pipes from any possible contamination. The developer may have to submit a full soil investigation report to Scottish Water. Customer Connections will be able to provide advice on this subject on request.’

SCOTTISH ENVIRONMENTAL PROTECTION AGENCY 5.4 ‘This facility will require to be regulated under the Waste Management Licensing

Regulations 1994 (as amended). The applicant has been in contact with our Hebrides and Central Highlands team, and has supplied a copy of the draft Working Plan.

The minimum requirements for consentability information in relation to planning applications which will also require authorisation under Waste Management Licensing are similar to the information required for commenting on compliance with the National Waste Strategy at the planning application stage including:

a) Type, condition, and volume of waste.

b) Waste treatment proposed. c) How the facility works, what wastes go in, and what the final products will be.

The issues controlled under Waste Management Licensing which do not need to be addressed by a planning condition are similar to those in PPC ie:

Waste types and quantities

Site infrastructure Treatment techniques Process and pollution controls eg litter, noise (operational only), vermin, dust and odour Emissions from the site to air, water or land.

Zero Waste From the information in the Working Plan dated 20 July 2010 and the additional document we understand that the facility will be used for the storing, crushing, screening, sorting and transfer of waste, and to support the waste hierarchy. We therefore support this proposal as it will support the sustainable management of waste and the implementation of the National Waste Plan, and Scotland’s Zero Waste Plan. Odour dust noise and litter The following issues will be controlled by us through conditions in the Waste Management Licence:

Odour;

Dust; Noise (operational only); Litter.

Any construction noise remains the remit of the local authority. We therefore recommend that you consult your environmental health colleagues on this matter. Noise pollution includes vehicle movements, breaking/slowing, reversing beeps or messages and may include weekend noise, and may also increase vibration.

Surface water From the information provided by the applicant in the SUDS information (Application Registration number 10/00298 dated 10 December 2010), surface water runoff is to be treated through existing swales and filter strips leading to a soakaway via a detention basin. This is acceptable to us in terms of water quality as it provides 3 levels of treatment for surface water run-off from the industrial development.

Flood Risk We have no objection to the proposed development on flood risk grounds. Notwithstanding this we would expect Comhairle nan Eilean Siar to undertake their responsibilities as the Flood Prevention Authority.

It is noted that a small part in the south east corner of the application site lies within the 1 in 200 year (0.5% annual probability) flood envelope of the Indicative River & Coastal Flood Map (Scotland), and may therefore be at medium to high risk of flooding.

The site and location plans indicate that all operational areas of the Waste Transfer Station lie away from the Bayhead River and at present lies outwith the Flood Map.

The applicant has measured levels across one cross-section of the site running from east to west. These are shown on drawing 4 and section 1 plan. These levels were measured to a local datum and not metres Above Ordnance Datum (mAOD). They indicate that the land height to the east of the Bayhead River at present is several metres above the river channel. It was stated in the Working Plan document (UBC 20.7.10) that UBC Group Ltd have owned the ground for the last 15 years. Operation of the site has resulted in raised levels across the site. This would therefore suggest that at present it is unlikely that the site would be subject to flooding from the Bayhead River.

It is stated in the Working Plan document (UBC 20.7.10) that UBC Group Ltd have outline planning permission for housing at this site and this would take over the site in 5 to 8 years time. UBC Group have been working with finished ground levels and during the operation time of the Waste Transfer Station the site will be lowered to these finished ground levels.

It is recommended that when the Waste Transfer Station ceases to operate that SEPA is consulted on the proposed housing development.’

NATIONAL AIR TRAFFIC SERVICES 5.5 ‘No safeguarding objection to the proposal.’

BUILDING STANDARDS 5.6 ‘No comments at this time.’

REPRESENTATIONS 6.1 A representation has been received from the following:

• Calum Mackenzie, Head of Estates, CnES, Marybank Depot, Willowglen, Stornoway, Isle of Lewis

6.2 The full terms of the representations can be read on the file at the Development

Department. However, they can be summarised as follows:

‘The drawings provided are unclear as to the site boundary between the development site and the Comhairle Depot. This should be clarified between the landowners/tenants prior to the perimeter fence being erected.’ VIEWS OF THE APPLICANT

7.1 No views expressed. In response to consultations, the applicant has stated the following: ‘I made the application for the Site License through SEPA. I have noted the advice they gave on their letter dated 5 January in which they stated that they had no objection to the planning application. UBC will amend our times of noisy operations in order to comply with Comhairle EH requirements. There should be no concerns regarding contaminated land (as Scottish Water have stated) because only inert materials will be processed on site.’ DECISIONS AFFECTING THE SITE

8.1 The site is identified under proposal LP/HCL2 for housing development.

THE DEVELOPMENT PLAN 9.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 says, “Where, in

making any determination under the planning Acts, regard is to be had to the Development Plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.” Attention is therefore drawn initially to any relevant policies or other elements of the Development Plan. This is then followed by comment on any other material considerations before a conclusion is reached.

9.2 Western Isles Structure Plan

PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE SP/SC10 In conjunction with its Community

Planning partners, the Comhairle will seek to encourage land use and development solutions that assist in utilizing resources efficiently, reducing pollution, minimizing waste and promoting the use of recycled materials where possible.

This proposal will assist in the reduction of waste taken off the island or to landfill through re-use and recycling of local inert construction waste.

SP/DM1

Development proposals that can be absorbed without harming the local social, economic or environmental characteristics of the Sustainable Community Area in which they are located, will generally be supported.

It is considered that the scale of the development can be absorbed without harming the economic and environmental characteristics of the Sustainable Community Area. This proposal would regularise activity which is currently ongoing on site, which would afford a greater degree of control via planning conditions and waste licensing.

SP/DM7 In dealing with applications for development the Comhairle will take account of the requirements of other relevant Structure Plan policies and will ensure: i) quality siting, landscaping and

designs that incorporate sustainable management techniques. (In this regard the Comhairle will encourage development that follows the guidance contained in the Scottish Executive publication ‘Designing Places’ as well as its own Design Guidance);

ii) no undue harm to neighbouring uses as a result of the development;

iii) appropriate measures are in place for the safe movement of traffic and associated parking both on and off site;

iv) the impact on the natural heritage is fully considered (e.g. the Western Isles Landscape Character Assessment will be used;

v) biodiversity and ecological interests are maintained and, where possible, enhanced.

vi) appropriate measures are in place for the safe movement of traffic and associated parking both on and off site;

vii) there will be no pollution outwih the prescribed limits to air, land,

The site is currently operating as a builder’s yard and waste transfer station without requisite planning permission and SEPA waste transfer licensing. This use would not be appropriate in the long-term, given potential long-term amenity impacts. There will be a degree of impact on the residents of Allt Na Broige from noise and potential dust. These impacts can be greatly reduced through bunding, restricted hours of operation, and procedural measures. There is no known impact on natural heritage provided SEPA regulatory requirements are adhered to. Biodiversity and ecological interests will be maintained provided SEPA regulatory requirements are adhered to. The Director of Technical Services Services has assessed the access arrangements and requires suitable drainage of the access. Provided that the provisions in the

fresh water, or sea; viii) there will be no likelihood of

causing harmful erosion; ix) account is taken of the

requirements of safeguarding zones;

x) the protection, maintenance and where possible, enhancement of built heritage resources.

The Comhairle will seek to facilitate development that would otherwise be unacceptable by the imposition of conditions.

Working Plan and SEPA License are adhered to, there should be no likelihood of pollution or erosion. NATS have been consulted and they raised no objection. Built heritage resources should not be adversely affected.

SP/DM8 Development proposals in areas of significant flood risk, inland and on the coast, will not be approved except where:

i) the applicant can demonstrate that the development is compatible with the risk of flooding; and

ii) the proposal includes acceptable measures to mitigate against the potential effects of flooding on and offsite arising from the proposal; and

iii) the proposal will not add to the area of a Flood Prevention Scheme.

The SE corner of the site is within the 1 in 200 year (0.5% annual probability) flood envelope of the Indicative River & Coastal Flood Map (Scotland), and may therefore be at medium to high risk of flooding. However, the site has been raised through works in recent years, which means that the operational area of the waste transfer station is outwith the flood envelope. Any developer must consult with SEPA prior to future proposals for any housing on the site.

SP/ED13 In addition to the requirements of other Structure Plan policies, sites should meet all the following criteria:

i) the landscape and visual impact is acceptable;

ii) appropriate management and restoration arrangements, including end use, are agreed;

iii) the proposal accords with the Western Isles Area Waste Plan.

The visual and landscape impact is minimal considering that the site cannot be seen from principal approaches along the A859. The site is also not readily visible from Marybank or Newvalley given the intervening topography. The site will need to be restored and cleared prior to implementation of any housing proposals on site.

9.3 Western Isles Local Plan PLAN REF RELEVANT TERMS IMPLICATIONS FOR THIS CASE LP/DM1

In assessing development proposals an appropriate and acceptable quality of development and design that relates to setting will be required...In assessing small scale development of all types the potential incremental impact of development on the area as a whole will be considered.” This policy says that account will be taken of Structure Plan Policy DM7 (quoted above) and of the “Development and Design Considerations” contained in Appendix 2 of the Finalised Western Isles Local Plan. Relevant considerations in this appendix are as follows: “Location – appropriate and sympathetic location in the landscape or townscape.”…

The development will not set a precedent of incremental development because any future proposals for this site will need to comply with Development Plan policy regarding appropriate location. The site will need to be fully reinstated to the satisfaction of the Comhairle as planning authority prior to the implementation of any other proposals on the site.

The site is not highly visible from the main arterial route along the A859 and through Marybank and Newvalley, due to intervening topography.

LP/ED2 Development proposals (particularly for housing) adjacent to existing or proposed general industrial/storage sites (use classes 5&6) or waste management sites will be assessed carefully to ensure that the industrial activities are not constrained. This may be achieved either through creation of a buffer zone between uses or by use of design and landscaping techniques.

The development is constrained at present due to the existing housing to the south west of the site. The site cannot be further developed without potentially impacting on neighbouring proposals for housing in the vicinity, namely at Allt Na Broige.

LP/HCL2 It is proposed that the Dormitory Site, Marybank be developed for housing.

While the development is contrary to the Local Plan proposal HCL2, the temporary consent for a Waste Transfer Station in this location allows a degree of control over current operations on site, through SEPA licensing and planning conditions.

OTHER PLANNING CONSIDERATIONS

SCOTTISH PLANNING POLICY 10.1 The consolidated Scottish Planning policy states the following: "In keeping with the

proximity principle, towns and cities will often be the best locations for new waste transfer, separation and handling installations" (paragraph 216). The Scottish Government has adopted Zero Waste as a goal. This means eliminating the unnecessary use of raw materials, sustainable design, resource efficiency and waste prevention, reusing products wherever possible, and recovering value from products when they reach the end of their lives either through recycling, composting or energy recovery, in accordance with the waste hierarchy. A sustainable approach to waste management planning relies on a number of objectives including those reflected in the

Zero Waste Plan and the waste hierarchy, reduced reliance on landfill and the precautionary and proximity principles. The waste hierarchy favours prevention over reuse, recycling, recovery then disposal. The proximity principle requires waste to be dealt with as close as possible to where it is produced. This means taking local responsibility for the treatment and disposal of waste.

The development complies with Scottish Government policy on waste reduction through

its Zero Waste Plan, which encourages use of waste transfer stations to reduce the amount of waste going to landfill.

NOISE POLLUTION

10.2 The Planning Advice Note 56, Planning and Noise, states, ‘Noise can have a considerable impact upon our quality of lives. Internal levels less than 35dB(A) are recommended to preserve the restorative process of sleep. At a distance level of 1 metre from the speaker, relaxed conversation occurs at a noise level of approximately 56dB(A) and normal and raised voice levels of approximately 66dB(A) and 72dB(A) respectively (Environmental Health Criterion 12 – Noise, World Health Organisation, 1980).

The Waste Transfer Station Working Plan states that the crusher produces noise of 86dB at 7 metres. The bund around the crushing area and distance from noise sensitive properties (90 metres) should reduce noise impacts to acceptable levels. Conditions restricting hours of operation for noisy operations should assist in mitigating noise impacts arising from use of the crusher.

CONTROL AND MONITORING OF DUST

10.3 The Waste Transfer Working Plan emphasizes that crushing activities will be restricted to wet days; if any crushing were to take place on dry days, then spraying equipment will be used to dampen the works. When crushing is in operation, the site perimeter will be monitored for dust, and the results will be recorded in the site diary.

ODOURS

10.4 There is no likely risk of odours from the waste specified on the site, as the site is designated for inert materials.

VISUAL IMPACT

10.5 The Waste Transfer Working Plan states that all stockpiles of materials shall not be higher than the surrounding bunding. The sorting and skip area is surrounded by earth bunding, and this will not be visible from the main Marybank road. Given the topography, the site will not be visible from the main A859 linking Stornoway to Tarbert.

SURFACE WATER DRAINAGE

10.6 Surface water runoff is to be treated through existing swales and filter strips leading to a soakaway via a detention basin. This is acceptable to SEPA in terms of water quality as it provides 3 levels of treatment for surface water run-off from the industrial development.

REPRESENTATIONS

10.7 One representation was received in respect of this proposal from Calum Mackenzie on behalf of Comhairle nan Eilean Siar Marybank Depot, with regards to land tenure and site boundaries. Conflicts of land tenure/ownership are negotiated outwith the remit of planning.

CONCLUSION

11.1 In assessing an application for planning permission, the Comhairle must base its decision on the statutory Development Plan and Scottish Government Guidance unless material considerations indicate otherwise. The Development Plan and Scottish Government Guidance support development of waste management facilities in order to reduce waste sent to landfill, increase recycling and re-use, and reduce pollution.

11.2 Though the development is contrary to proposal HCL2 within the Western Isles Local Plan 2008, the proposal accords with other provisions within the Development Plan with regards to efficient use of resources, reduction of pollution, minimisation of waste and promotion of the use of recycled materials. The proposal also accords with Scottish national policies and strategies, particularly Scotland’s Zero Waste Plan, National Waste Plan, and the consolidated Scottish Planning Policy. A condition has been applied which will limit the duration of use as a Waste Transfer Station in order to safeguard any future Development Plan proposals for the site and maintain the long-term amenity of neighbouring residential properties. The proposal will allow control over current, unauthorised activities on site through the regulatory framework of planning conditions and SEPA licensing.

11.3 There are no other material planning considerations that indicate that the application should be refused, and on this basis it is recommended that the application be approved subject to conditions. For the reasons stated above, it is recommended that the application be approved subject the conditions within Appendix 1 of the Report.

APPENDIX 1

SCHEDULE OF PROPOSED CONDITIONS

Condition 1 The planning permission for the Waste Transfer Station shall expire on

30 April 2016. On or before the expiry of this permission, all works associated with the Waste Transfer Station shall cease and the site restored according to the details within the Site Restoration Plan unless a renewal of planning permission has previously been granted.

Reason To maintain a measure of control over temporary use in the interests of Development Plan proposals and long-term amenity impacts on neighbouring premises.

Condition 2 Six months prior to the expiration of this permission, a Site Restoration Plan

shall be submitted for the written approval of the Comhairle as planning authority in consultation with SEPA, and all restoration work shall be carried out in accordance with said plan, unless otherwise agreed in writing with the Comhairle as planning authority.

Reason To secure the satisfactory restoration of the site. Condition 3 The development to which this planning permission relates shall be carried out

in accordance with the Waste Transfer Station Working Plan (20/07/2010) attached to and forming part of this planning permission, unless otherwise agreed in writing with the Comhairle as planning authority.

Reason In order to secure the satisfactory development of the site. Condition 4 Any noisy operations on the site to which this planning permission relates

shall, throughout the life of the development, only take place between the hours of 0800 - 1800; on Mondays, to Fridays; and 0900 - 1300 on Saturdays.

Reason In order to protect the occupants of nearby premises from nuisance and disturbance. Condition 5 The approved bunding shall be completed to the satisfaction of the Comhairle

within six months of this grant of this planning permission and shall then be retained throughout the life of the development, unless otherwise agreed in writing with the Comhairle as planning authority.

Reason In order to secure adequate screening of the development in the interests of the visual amenity of the area.

Condition 6 In the event that the temporary building housing the site office, canteen/drying

room, and toilet block approved by this planning permission becomes obsolete, redundant or falls into disrepair for a period exceeding 6 months, the unit shall be wholly removed and the site restored to the satisfaction of the Comhairle as planning authority.

Reason To prevent deterioration of the site in the interests of visual amenity. Condition 7 Despite the provisions of the Town and Country Planning (General Permitted

Development) (Scotland) Order, 1992 (or any subsequent similar Order), foul drainage shall be to the public sewerage system and at no time throughout the life of the development shall it be connected to a private system (septic tank, cesspool etc.).

Reason To comply with the requirements of the Western Isles Structure Plan and because drainage to the public system is in the best interests of public health.

Condition 8 The means of access hereby approved shall be surfaced, graded and drained

so that throughout the life of the development, no surface water flows from the access on to the public highway.

Reason In the interests of road safety. Condition 9 Any security lighting within the site shall be faced inward to minimise light

pollution outwith the site. Reason To protect passing traffic from light pollution.

Informative If during the course of development any previously unsuspected or un-encountered contamination becomes evident, you should bring this to the attention of the Planning Authority immediately by contacting the Contaminated Land Team on 01851 822694.

APPENDIX 2 Site Plan

Bunding and Skips Plan

Welfare Facility