DEVELOPMENT SERVICES Local Member - Councillor T.B. Marshall PLANNING APPLICATION REPORT Date of Validity – 15th September 2005 BUTE AND COWAL AREA COMMITTEE Committee Date – 6th December 2005 9th November 2005
Reference Number: 05/01919/COU Applicants Name: Scottish Water Solutions Application Type: Detailed Application Application Description: Use of car park as temporary construction compound incorporating the siting of 5 portacabins, storage of materials and parking of construction vehicles, and erection of 2.4 metre high timber fence with floodlights, in connection with Dunoon Wastewater Treatment Works. Location: Ardnadam Car Park, Sandbank
(A ) THE APPLICATION Development requiring express planning permission • Use of car park as temporary construction compound, siting of 5 portacabins, storage of materials and parking of construction vehicles, • Erection of 2.4 metre high timber fence and external floodlighting
Other operations not requiring planning permission Removal of nine trees on site to the west to achieve sightlines
(B) RECOMMENDATION Given the level of representation, it is recommended that subject to a discretionary hearing planning permission be Granted subject to the conditions and reasons, together with a ‘note to the applicant’ as set out overleaf.
(C ) DETERMINING ISSUES AND MATERIAL CONSIDERATIONS Twenty two letters of objection have been received in respect of this application. These refer to the necessity to use this particular site, noise, disturbance, road and pedestrian safety, loss of outlook, pollution, effect on an adjacent children’s play park, effect on property prices, alternative sites and reinstatement works. Scottish Water has an obligation to provide new sewage treatment facilities for the area. In order to facilitate these works, it is necessary for a site compound to be established during the construction phase for the works in the Sandbank area. Planning permission has already been granted for the temporary use of the West Bay Car Park in Dunoon as part of that section of the works. Scottish Water confirm that the site will only be in use as a site compound for a period of 2 years whereupon the site will be reinstated to its current use as an informal car park. Sandbank Community Development Trust who own the site propose to landscape the site in the future.
Whilst it is inevitable that the site will create temporary problems of noise and disturbance during the construction phase, this is already happening in other locations as part of the greater scheme. Scottish Water has investigated alternative sites for a compound, all of which have been disregarded as being too close to residential properties( Cromlech Rd and Pilot St). Regrettably Scottish Water advise that this is the only suitable site with no alternative being available The Department is sympathetic to many of the issues raised, but can reassure the objectors that the contentious issues can be alleviated and controlled by the imposition of planning conditions and other legislation.
Head of Planning Services Case Officer B Close 01369-70-8604 Area Team Leader S. Campbell 01369-70-8608 "In reaching my assessment on this application, I have had regard to the documents identified in brackets above which are available for public inspection in terms of the Local Government (Access to Information) Act 1985". F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002196\AI00025100\01919WRSCOTTISHWATERCONSTRUCTIONCOMPOUNDARDNADAMCARPARKSANDB ANK0.DOC
CONDITIONS AND REASONS RELATIVE TO APPLICATION 05/01919/COU
Conditions
1. The temporary use of the land/construction site (edged red) shall only be used by Scottish Water and/ or their contractors in direct association with the construction of wastewater treatment works within the environs of Ardnadam/Sandbank and/or in direct connection with new pipe laying or other ‘permitted development’ works within the environs of Ardnadam/Sandbank which constitute ‘permitted development’ under the General Permitted Development (Scotland) Order 1992. This temporary permission shall be valid until 6th December 2007 and immediately thereafter the land shall be restored to its original condition as a parking area, unless a further planning permission is granted to extend this temporary permission.
Reason: This permission is a temporary use only in order to enable the Planning Authority the opportunity to assess the likely effect of the use on the surrounding area with regard to the visual amenities of the locality.
2. The development of the site shall be undertaken in strict accordance with the approved plans titled 1:2500 Site Location Drawing No. 1243-SW-100-DG-SH-1222-01 received 15th September 2005, 1:500 Site Plan Drawing No. 1243-SW-100-DG-SH-1223-01 received 15th September 2005, 1:500 Site Elevations Drawing No. 1243-SW-100-DG-SH-1224-01 received 15th September 2005 unless consent for variation is obtained in writing from the Planning Authority.
Reason : For the avoidance of doubt and to ensure that the development is undertaken in strict accordance with the approved and amended plans.
3. No plant, equipment or contruction materials shall be stored outwith the site edged red on the approved plan.
Reason: To safeguard the visual amenity of the area and to ensure there is no obstruction to the public highway.
4. All lighting units shall be operated, positioned and angled to prevent any glare or light spillage outwith the boundary of the site.
Reason: to safeguard the residential amenity of the area.
5. No works shall commence until the developer has submitted a dust management plan for the prior written approval by the Planning Authority. This plan shall address issues such as the potential sources of particulates, mitigation measures to be adopted to control particulate emissions and the methods of monitoring and recording matters relating to particulate control, all to the satisfaction of the Planning Authority in consultation with Public Protection Service. The dust management plan, as may be approved, shall be implemented commensurate with the commencement of the proposed operation.
Reason: In the interests of public health and amenity.
6. Notwithstanding the submitted information, no vehicle movements (and starting of engines), no use of any plant and no cleaning and maintenance of plant, vehicles or machinery shall commence outwith the hours of 0730 to 1930 Monday to Friday and 0800 to 1300 on Saturdays. No works shall take place on the site and no plant or vehicles shall leave the site outwith such prescribed times and at no time on Sundays or Bank Holidays, except as otherwise agreed in writing with the Planning Authority in conjunction with Public Protection.
Reason: To protect the amenity of local residents from undue noise and disturbance from vehicles leaving the site.
7. Prior to the commencement of any works on site, mains power for the anticipated power consumption of the site shall be provided. The use of a generator on-site shall be restricted to emergencies only.
Reason: To protect the amenity of local residents from undue noise and disturbance from generators.
8. Prior to any works commencing on site, sightlines from both Eastern and Western Gates shall be provided and shall be 90 metres in each direction from a 2.5 metre setback. All hedges, walls and fences etc within the visibility splays shall be maintained at a height not greater than 1 m above the road.
Reason: In the interests of highway safety.
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9. Prior to the use of the site for storage purposes, the timber boundary fence indicated on the approved plan, which shall be close boarded, shall be erected from within the existing car park area to reduce any congestion on the carriageway and shall remain in place for the duration of the use of the site for storage purposes.
Reason: To protect the visual amenity of the area and to ensure that the adjacent footway is not impeded.
10. Prior to the commencement of any works on site, the timber boundary fence that shall be close- boarded shall be erected for the duration of the temporary works.
Reason: In the interests of visual amenity. 11. All vehicles, plant and machinery operated within the site shall be maintained in accordance with manufacturer’s specification at all times, and shall be fitted with and use effective silencers. Reason: To ensure minimum disturbance from operations and avoidance of nuisance to the local community.
12. Prior to the commencement of any works on site details of the location of a vehicular wash-down area shall be submitted to and approved in writing by the Planning Authority. No works shall commence on site until the vehicular wash-down area has been brought into use. It shall be retained in the approved location for the duration of the entire operation and restoration works unless the prior written consent of the Planning Authority is obtained for variation.
Reason: To prevent contamination on the public road and in the interests of road safety.
13. For the avoidance of any doubt, this permission only permits single storey portacabins which shall not exceed 2.7 metres in height and plant and materials shall not be stacked or deposited to a height exceeding the boundary fence i.e. 2.4 metres.
Reason: In the interests of visual amenity.
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ADVISORY NOTES TO APPLICANT RELATIVE TO APPLICATION 05/01919/COU
(i) Public Protection has advised that it has powers under the Environmental Protection Act 1990 to remedy any environmental nuisance including noise, dust, odour and light pollution. The applicant is strongly advised to develop an Environmental Management Plan and bring it to the attention of all contractors who may use the site.
It is strongly recommended that such a plan should be submitted prior to any works taking place on the compound and associated infrastructure and agreement reached with Jo Rains, Senior Environmental Health Officer, Argyll and Bute Council, Hill Street, Dunoon (telephone Number 01369 703959).
(ii) The Area Roads Manager has advised that a Road Opening Permit (S56) may be required for service connections. The applicant is advised to contact the Area Roads Manager (Mr. Paul Farrell, tel. 01369 703959) directly upon this matter.
(iii) This temporary planning permission does/does not imply that permission will/will not be forthcoming for other planning applications including any future planning application relative to a Construction of Waste Water Treatment Works and ancillary development.
(iv) A system of surface water drainage is required to prevent water running onto the road and to do so would be contrary to Section 99 of the Roads (Scotland) Act 1984 that states that:
"(i) The owner and occupier of any land, whether or not that land is such as constitutes a structure over or across a road, shall prevent any flow of water, or of filth, dirt or offensive matter from, or any percolation of water through, the land onto the road." v) The applicant is strongly advised to contact SEPA directly (contact Clare Pritchett, Planning Liaison Officer, tel. 01224 248338) regarding details of surface water drainage in respect of potential environmental pollution.
(vi)The applicant is advised that :
• This development may involve building over, or in such a way as to obstruct access to an existing public sewer main. The applicant must contact Scottish Water Operation, Technical Support team to ascertain what measures are to be taken to protect this apparatus.
• Planning & Development Services no longer deal with requests for location of services. Should the developer require this information, they should contact Property Searches Department, Bullion House, Dundee, DD2 5BB;
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APPENDIX RELATIVE TO APPLICATION 05/01919/COU
A. MATERIAL CONSIDERATIONS
(i) Site History
None. There is, however, a related application (ref. 05/01675/DET) on this agenda by Scottish Water Solutions for the installation of a MCC kiosk and the formation of a lay-by at the western end of the car park site but outwith this application boundary. This proposal also involves the removal of the nine tees on an adjacent site to achieve westerly sightlines.
(ii) Consultations
Area Roads Manager: (Memo dated 31st August 2005); No objections subject to conditions regarding sightlines from east and west accesses, visibility splays, construction of the compound, provision for wheel washing, surface water drainage system.
Public Protection: (memo dated 28th October 2005): No objection in principle but activities and vehicle movements may cause noise or dust nuisance to the surrounding residential area. Conditions recommended regarding dust suppression, lighting, working hours and supply of mains power.
Scottish Water (letter dated 23rd September 2005): No objections. Advisory notes.
Sandbank Community Council: Views awaited.
(iii) Publicity
The proposal has been advertised under Section 34 Bad Neighbour, Article 9 Vacant Land (closing date 14th October 2005) and as a Potential Departure (closing date 21st October 2005). Twenty-two letters of objection have been received (with 14 letters taking the form of a standard letter) from:
J. Bellaby, 2 Marina View, Sandbank (letter dated 17th September 2005; J.M. Wightman, Harbour Lights, 7 Marina View, Ardnadam (letter dated 16th September 2005); Gordon Anderson, 8 Marina View, Sandbank (letter dated 18th September 2005; Mrs. C.J Chapman, 3 Marina View, Pier Road, Sandbank (letter received 22nd September 2005); Mrs. H. Giles, 3 Wallace Court, Sandbank (letter received 27th September 2005; S. Scott, 19 Wallace Court, Sandbank (letter received 27th September 2005; Mrs. S. Jamieson, 4 Wallace Court, Sandbank (letter received 27th September 2005; Thomas McGeoch, Wardwell, Shore Road, Sandbank (letter dated 26th September 2005; D and S Cameron, 1 Ferguslie Place, Sandbank (letter received 27th September 2005; Mr and Mrs. Morrice, Ben Nevis G2, Ferguslie St, Sandbank (letter received 27th September 2005); Ms L Douglas, Stanley Villa (L/F), Ferguslie Street, Sandbank (letter received 27th September 2005); Mrs. J. Sutherland, 6 Wallace Court, Sandbank (letter received 27th September 2005); Mr. S. McBride, 7 Wallace Court, Sandbank (letter received 27th September 2005); Mrs. M. McLean, 9 Wallace Court, Sandbank (letter received 27th September 2005); Mrs. C. Cameron, 3 Wallace Court, Sandbank (letter received 27th September 2005); Mr and Mrs. S. Gillian, 4 Ferguslie Place, Sandbank (letter received 27th September 2005); Mrs. A. Abbott, 5 Wallace Court, Sandbank (letter received 27th September 2005); Mrs. Elaine James, 3 Ferguslie Place, Sandbank (letter received 27th September 2005); Margaret Campbell, Crossburn, Shore Road, Sandbank (letter dated 21st September 2005); Mr and Mrs. MacDonald, Fairholm, Sandbank (letter received 27th September 2005); Mr and Mrs. S. Smith, 133 Lutterworth Rd, Nuneaton, Warwickshire (letter dated 21st September 2005); J A Moen, Trentino House, Shore Road, Sandbank (letter dated 1st October 2005).
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A summary of the points raised is as follows:
i)Site is adjacent to residential properties. Some properties have not been consulted. Plans do not show Marina View
Comment : The site is located some 30-50 metres away from the nearest residential properties on Shore Road. All notifiable properties have been correctly neighbour notified including new properties at 1-7 Marina View. In addition, the proposal was advertised on 30th September 2005.
ii)The location of the site will lead to traffic delays exacerbating existing pipeworks disruption.
Comment : This is unfortunately inevitable. Dunoon and Sandbank only have a few distributor roads, which may undoubtedly lead to slight delays with more dumper trucks and heavy machinery on the local road network. This is already happened in many parts of Hunter’s Quay, Kirn, Dunoon and Innellan at present as part of the ongoing works by Scottish Water.
iii) Noise levels from dumper trucks, plant and heavy machinery leading to loss of residential amenity. Noise, dust and floodlighting unacceptable given the proximity of residential properties. Noise and disruption is anticipated. Possibility of noise due to electrical generators.
Comment : Public Protection has not raised any objections. These detailed matters are best addressed via the Environmental Protection Act 1990 and the Control of Pollution Act 1974 – see Note to Applicant. Public Protection recommends conditions and advisory notes regarding working hours. Noise can be dealt with under Public Protection’s legislation. Specific conditions are recommended regarding floodlighting which Public Protection has powers to enforce in terms of light pollution.
iv) The car park is used by local residents to walk their dogs, parking for tourists, a playground for cycling and skating where local children have insufficient facilities. This land was acquired to provide a protected walkway and gardens with limited car parking areas for the enjoyment of the community
Comment : This car park is seldom used. At present it comprises an informal car parking area with some recycling facilities at the western end. It does not constitute a formal play area, this is located to the west of this site. The owners of the site have plans to develop the entire site as a formal landscaped area for the benefit of the community and visitors. The current application is only a temporary use for a period of two years.
v) What reinstatement works are proposed?
Comment : A condition is recommended requiring the site to be fully reinstated at the end of the two year period.
vi) Increase in the number of vehicles using Ferguslie Street
Comment : The Area Roads Manager offers no objection to the proposed development subject to the removal of nine trees close to the junction of the A815 with Ferguslie Street to improve westerly sightlines.
vii) The car park site is prone to flooding at times of high tides and not suitable for the storage of construction materials
Comment : The Area Roads Manager has made no comment regarding potential flooding of the site.
viii) Loss of view for residents, motorists and coaches alike. Loss of property values by virtue of the temporary use of the compound
Comment : These are not material planning considerations.
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ix) The compound could create a potential hazard from children accessing the site climbing about large pipes and access to plant machinery.
Comment: Responsibility for Health and Safety on the site rests solely with Scottish Water. Scottish Water confirms that during construction, the site will be fenced off with on-site security. All work will be undertaken in accordance with statutory legislation and safety systems of work.
x) Major concerns due to the bad publicity and previous unprofessionalism of Scottish Water to meet any legislation, concerns with regards to their compliance with legislation and their regard to the environment.
Comment: This comment is not a relevant planning consideration and is a matter for Scottish Water to carry out their responsibilities in accordance with their legislation.
B. POLICY OVERVIEW AND ASSESSMENT
Cowal Local Plan 1993
POL COM 5
The Council will oppose ‘bad neighbour’ developments when it is considered that they would adversely affect the amenity of neighbouring properties and land.
POL RUR 1
The Council will seek to maintain and enhance the landscape quality, scenic area and coasts. The Council will resist prominent or sporadic development which would have an adverse landscape impact – development to be assesses against i) Environmental impact; ii) Locational/operational need; iii) Economic benefit iv) Infrastructure and servicing implications.
Argyll and Bute Local Plan Finalised Draft 2005
Policy E 3 ‘bad neighbour’ development and safeguarding zones
Development and associated land use shall not originate nor give rise to substantial bad neighbour impacts that are significantly injurious to and incompatible to lawful use of neighbouring land and property….in appropriate cases planning conditions can be imposed.
C. ASSESSMENT
(i) Site and Proposal
The application site is a strip of land situated on the Holy Loch side of the A815, Shore Road, close to its junction with Ferguslie Street and Pier Road. The site is located a minimum of some 30-50 metres distant from the nearest residential properties on Shore Road which are well set back from the A815. The length of the site extends to some 150 metres, the depth generally 18 metres. This piece of ground was formerly in use as a car park for the American Navy but is now owned by the Sandbank Community Development Trust where it is still in use as an informal car park. The Trust hopes to landscape the site in the future as a community facility.
As part of Scottish Water’s obligation to provide new sewage treatment facilities for the Dunoon and Sandbank area and to allow for effective working, the applicant wishes to provide a further site compound to augment the existing temporary compound at West Bay, Dunoon. It is proposed to utilise the majority of the Ardnadam car park as a temporary compound to service the construction of the sewage treatment works within Dunoon and Sandbank. This would entail the siting of perimeter timber fencing, 2.4 m in height around the majority of the car park, the siting of 5 single storey portacabins at the eastern boundary adjacent to the old Ardnadam Pier and the storage of plant and materials.
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Working Hours
Hours of operation are proposed with workforce on site at 0700, mobilising at 0730 and continuing until 1930 with the workforce departing from the site at 2000. Due to local tides it may be necessary for works to be undertaken outwith these periods.
Vehicle Movements
It is anticipated that there will be between 80-100 vehicle movements per day, primarily by dumper trucks servicing the working sites. As there is a hardstanding surface on the site, it is not considered necessary to provide wheel wash facilities and a jet wash will be available for use if and when required.
Site Lighting
In order to minimise the amount of lighting at the site, separate lighting systems for working during the hours of darkness and for security are proposed. The former system would be installed on the southern perimeter facing out to the Holy Loch and would be activated as required to allow safe working. The latter system would be installed on the inside of the boundary fence for operation overnight for security purposes.
(ii) Assessment
Scottish Water wish to be in a position to have all matters associated with their construction activities in place should planning permission be forthcoming in respect of its future wastewater treatment facility in Dunoon.
While Scottish Water confirms that a possible alternative site south of Cromlech Road was favoured, this site was within a residential area served by minor residential roads and not considered suitable by either the Planning Authority or the Area Roads Manager.
Concerns raised by local residents are entirely understandable in respect of a loss of amenity by noise and overlooking in particular. The current site is overlooked by a number of residential properties set back from Shore Road and it is inevitable that the view will be affected by a construction compound, albeit of a temporary nature.
However, given the height of the timber screen fence (i.e. 2.4 metres high), the single storey portacabins at 2.7 metres high, would be mostly screened from view. Whilst the proposal could technically be considered as contrary to Policy RUR 1, the use is a temporary one, fulfilling a particular and necessary function in Scottish Water’s ongoing works to improve wastewater facilities in the area. In this regard it is considered that the development is consistent with development plan policy including POL RUR 1 given its limited impact on the coastal landscape. In terms of road safety, the Area Roads Manager has raised no objections subject to conditions regarding sightlines, visibility splays and construction methods.
While nine trees will require to be removed on an adjacent site to the west of the application site (the subject of application ref. 05/01675/DET for a kiosk and layby), this matter can be dealt with by Scottish Water under the Sewerage (Scotland) Act 1968 which enables them to lay sewers on private land without the requirement to purchase the land. Where a pipe has been laid under Notice, Scottish Water effectively has servitude of aqueduct by implication. On this basis Scottish Water can prevent the planting of trees on and around the line of any pipe.
Public Protection recommends conditions regarding dust suppression, vehicle movements and operating hours and the use of mains power as opposed to a generator, which may give rise to public nuisance.
In taking the contents of Circular 4/98 ‘The Use of Conditions in Planning Permissions’ into account, it is considered that conditions requiring the submission of noise management plans would not meet the ‘six tests’ and would be more appropriately controlled under legislation enforced by the Public Protection Service. It is intended, therefore, to inform Scottish Water as a ‘Note to Applicant’ that early contact should be made with Public Protection in terms of agreeing the parameters and procedures for noise management within.
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(iii) Conclusion
The main issue is that the site lies on a coastal location beside the Holy Loch where development plan polices seek to protect such locations and enhance the quality of the environment. Given that the new wastewater treatment facilities and associated infrastructure are essential and that the compound is only for a temporary period with no other obvious site readily available, it is considered that the development plan polices will not be permanently undermined. This has to be set against the much larger construction work/activities associated with the wastewater treatment and infrastructure works and in comparison, this temporary development would have a ‘neutral’ and limited impact.
Subject to appropriate conditions, the proposal is acceptable.
Requirement for a Discretionary Hearing
As twenty-two letters of representation have been received, it is considered appropriate that a discretionary hearing be convened.
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