AGENDA ITEM No.

Application No: Proposed Development:

14/00207/AMD Section 42 Variation to Condition 14 of Planning Permission 13/01 247/AMO to Allow Delivery to MBT Facility from 07:00 to 20:00 (Monday to Sunday Including Public and Bank Holidays, Excluding Christmas Day and New Year Day). Site Address:

Greengairs Site Meikle Drumgray Road Greengairs North Lanarkshire

Date Registered:

5th February 2014

Applicant: Agent: FCC Environment Ltd Amec Granville house Doherty Innovation Centre St Georges Road Penicuik Science Park Donnington Wood Bush Loan Telford Penicuik TF2 7RA EH26 OPZ Shropshire

Application Level: Contrary to Development Plan: Committee No

Ward: Representations: 007 Airdrie North 12 letters of representation received. Alan Beveridge, Sophia Coyle, Thomas Morgan, Andrew Spowart,

Recommendation: Approve Subject to Conditions

Reasoned Justification:

The proposed alteration to waste delivery hours for the consented ancillary Mechanical, Biological Treatment/In−Vessel Composting (MBT/IVC) facility is considered acceptable and in accordance with the terms of the development plan. The revised condition would include an additional control over the export of recycled materials and is considered appropriate. The extended operational hours would not have any significant impact in terms of increases in traffic volumes or noise impacts to those previously assessed and accepted. The extension to the previously agreed waste delivery hours is required to comply with emerging municipal waste contracts and the proposed alteration to condition 14 would not materially affect the nature, scale or purpose of the consented ancillary MBT/IVC waste management development proposed within Site. N'r;*...•'.c−/\ .' C..

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(//1$T\ 2 Outwith Plan Area From 11 locations. ... PLANNING APPLICATION 14/00207/AMD

Section 42 Variation to Condition 14 of Planning Reproduced by permts1on Produced Permission 13/01 247/AMO to Allow Waste Planning Development of the Ordnance Sumy on N and behalf of HMSO. 0 Grown Delivery to MBT Facility from 07:00 to 20:00 Environmental Services North Copyright and database right (Monday to Sunday Including Public and Bank North Lanarkshire Council Lanark_shlre 2009 Mreserved Fleming House Holidays, Excluding Christmas Day and Council Ordnance Sunmy 2 Tryst Road Licence number 100023396. New Year Day). Cumbemauld 067 1.1W Greengairs Landfill Site, Meikie Drumgray Road, Greengairs, Airdrie

* Representation Proposed Conditions:−

1. That unless otherwise agreed in writing by the Planning Authority waste deliveries to the site shall be between the hours of 7:00 to 20:00 Monday to Sunday (Inclusive) Excluding Christmas Day and New Years Day. The dispatch of recycled materials from the site shall be between 7:30 to 19:30 Monday to Friday (inclusive) and 7:30 to 13:00 Saturday.

Reason: In the interests of amenity of the surrounding are

2. That for the avoidance of doubt the list conditions set out under planning permission 131012471AMD shall still be applicable with the exception of condition 14 and subject to further amendments agreed under the terms of section 42 of the Town and Country Planning Act 1997.

Reason: To define the permission. Background Papers:

Consultation Responses:

NLC Protective Services received 241h February 2014. NLC Traffic & Transportation received 281h March 2014. Scottish Environment Protection Agencyreceived 31 March 2014.

Contact Information:

Any person wishing to inspect these documents should contact Mr Cohn Marshall at 01236 632497

Report Date:

4th April 2014 APPLICATION NO. 141002721AMD

REPORT

1. Site Description

1.1 The previously consented Mechanical Biological Treatment/In−Vessel Composting (MBTIIVC) waste processing building and associated infrastructure would be sited within the western extent of Greengairs Landfill Site and would be located approximately 1.0 km south of Wattston, 1.2 km south of Greengairs and 1.4km north of Plains. The MBT/IVC site area extends to some 9.8 ha, and covers a part of the larger operational landfill site that extends to some 300 ha.

2. Proposed Development

2.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997 and seeks to vary the terms of condition 14 of Planning Permission 13/012471AMD to Allow Waste Delivery to the MBT Facility from 07:00 to 20:00 (Monday to Sunday Including Public and Bank Holidays, Excluding Christmas Day and New Year Day).

2.2 The current planning permission (13101247/AMD) sets out the previously agreed waste delivery hours under the terms of existing condition 14.

That waste delivery and dispatch of recycled materials shall only take place Monday to Friday, 0730 a.m. until 0730 p.m., and Saturday 0730a.m. to 1 p.m., and not at all on Sundays or public holidays, except for essential plant maintenance unless otherwise agreed in writing with the Planning Authority.

Reason: In the interests of controlling the operations on the site in the interests of amenity.

2.3 The applicants have suggested that the proposed variation to condition 14 should also include an additional control over the export of recycled materials from the MBT/IVC plant as this part of its operation would remain unchanged and would only take place during Monday to Friday, 0730 am until 0730pm, and Saturday 0730am to 1 pm as previously agreed. The applicants have suggested the following alteration to the existing planning condition would be appropriate.

That waste delivery shall take place 07:00 to 20:00, 7 days per week. Emergency 24 hours delivery and dispatch access will be subject to prior agreement with the Planning Authority. The dispatch of recycled materials shall take place Monday to Friday, 07:30 until 19:30, and Saturday 0730 to 13.00

Reason: In the interests of controlling the operations on the site in the interests of amenity.

3. Applicant's Supporting Information

3.1 The applicant has provided a Supporting Statement and including updated reports covering traffic and noise impacts.

3.2 The applicants have advised that the reason for seeking a change to the permitted delivery access hours is to ensure the consented ancillary MBTIIVC facility would be sufficiently flexible to accommodate municipal waste deliveries directly to the facility. No additional volumes of waste would be allowed at the ancillary MBT facility beyond the previously agreed 210,000 tonnes per annum waste capacity and would be within the Landfill Site's allowed acceptance of 600,000 tonnes of waste per annum. 4. Site History

4.1 The planning history of the site and surrounding Drumshangie area includes a range of previous developments including previous open cast coal extraction works (now restored), waste management developments including a proposed Energy from Waste (EfW) incinerator plant, wind farm developments and more recently planning permission in principle was granted further time to enable a speculative Data Centre to be developed.

4.2 The Council recently granted permission 13/02384/AMD for a similar section 42 variation to the previously agreed waste delivery hours for the consented Energy from Waste (EfW) Incinerator Plant proposed at Drumshangie. for similar reasons noted at paragraph 3.2 above.

4.3 Greengairs Landfill Site currently operates under the terms of planning permission 07/00924/MIN which requires all land filling operations to be completed by May 2038. The landfill site is also subject to a progressive restoration scheme and this would be finally completed by 2045. The landfill planning permission restricts the importation of waste arisings after May 2038 excepting any requirements to import inert soils or other materials for final restoration purposes.

4.4 The proposed MBT/IVC waste management plant (subject to the section 42 amendment) was granted planning permission subject to conditions under the terms of 09/00849/FUL and subsequently amended under the terms of planning permission 13/01247/AMD. The MBT/IVC facility was considered ancillary to the main landfill operation and would be removed from the site as part of the overall restoration scheme covering the entire landfill site. The current MBT/IVC permission would allow an operational period until 22ndMay 2044 to allow the facility to supply inert composted materials during the final stages of the landfill restoration phase which as noted above would be finally completed in 2045. The MBT plant has consent to accept 210,000 tonnes of waste per annum and this would be Included within the Landfill Site's overall consented capacity of 600,000 tonnes per annum.

4.5 The consented MBT/IVC facility is also subject to an additional but separate s.42 application which seeks a variation to the previously agreed site layout plan and design of the MBT waste processing building. The details of this application are set out under 14/002721AMD and (in summary) seek to remove the In−Vessel Composting facility and a reduction in the overall gross floor area of the MBT building from 49,000m2 to13,000m2.

S. Development Plan

5.1 The application site is zoned as NBE 3B (Assessing Development in the Rural Investment Area) in the North Lanarkshire Local Plan 2012.

6. Consultations

6.1 There was no objection from SEPA but it was advised the operator may need to apply to SEPA to vary the existing Pollution Prevention and Control (PPC) Permit and/or make changes to the approved Site Management Plan as previously agreed by SEPA under their PPC regulations.

6.2 NLC Protective Services had no objection to the proposed change of waste delivery hours as it would have no adverse traffic impact with potential to affect residential receptors.

6.3 NLC Roads Operations noted the overall combined waste delivered to the landfill site does not exceed 600,000 tonnes of waste per annum and that the overall combined vehicle trips generated from the site do not exceed 191 Refuse Collection Vehicles /Heavy Goods Vehicle movements per day (382 two−way trips per day). NLC Roads Operations confirmed they had no objections to the proposed variation to the waste delivery hours as there would be no further net increase in the overall traffic volumes visiting the existing Landfill Site or the proposed MBT/IVC waste plant. Representations

7.1 There were 12 letters of representation received including separate letters of objection received from Greengairs Community Council and Stand Residents Association respectively. The material terms of objection can be fairly summarised as follows:−a)

The Plan (ZWP) neither requires nor demands a 7 day waste operation. b) The proposals are contrary to PAN 63 (Waste Management Planning) guidance notes: 5 (Area Waste Plans); 87 and 88 (Hours of Use). c) The Zero Waste Plan, National Planning Framework 2 and Scottish Planning Policy 2010 all seek to divert waste from landfill by up to 2.5 million tonnes by 2020. This will mean more HGVs using the MBT plant. d) The proposal fails to meet the requirements of DSP4 (Quality of Development) in terms of 3 (d) mitigating any likely air quality, noise or pollution impacts and (f) in terms of disturbance and loss of amenity. e) Policy EDI 3 C (Waste Development) is only applicable to new developments and cannot be used to justify the proposed variation. f) The proposals are contrary to the terms of SPG 10 as the proposed increase in hours significantly increases noise, air pollution and decreases amenity. g) There would be an unacceptable 20% increase in vehicle movements to the detriment of disturbance and loss of amenity particularly for those residents near the private haul road. h) NLC previously agreed to limit operations to 5.5 days per week. Any agreement to extend the operations to 7 days a week shows a lack of concern for the amenity of local residents. I) Increased noise and reductions in air quality would be detrimental to health. j) With 3 consented/operational waste facilities, this area has the highest density/capacity for waste disposal in Scotland. The cumulative impacts from bad neighbour type developments previously approved by NLC in this area have seen a continual degradation of the local environment and home life. k) Road Safety would be compromised through the cumulative increase of HGV's use of the B803. I) Noise from the road sweeper would be imposing over a 7 day period. m) With a 7 day operation, there would be a loss of recreational walking along Meikle Drumgray Road at the weekends as there is no access to the Drumshangie path system. n) Increased levels of noise and odour emissions. 0) NLC's RCVs will use this facility to dispose of its municipal waste collections but this should not be used to justify the proposed increases in waste delivery hours. p) Local Authorities have a responsibility to ensure that waste infrastructure projects do not impact on local residents. q) The planning application is a violation of Article 8 of the E.C.H.R. (European Convention of Human Rights).

N. B. Article 8— Right to respect for private and family life.

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well−being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

r) Increased operating hours will increase the number of HGVs travelling through the small village of WattstonlGreengairs which will increase carbon emissions from such heavy vehicles. s) Existing planning conditions are not properly implemented and there are ongoing concerns over early morning noise disturbance from HGVs waiting on the private haul road before accessing the landfill site at 7.30 am. The noise appraisal information does not include an analysis of noise disturbance generated from the private road.

8. Planning Assessment

8.1 This planning application was submitted under the terms of Section 42 of the Town and Country Planning (Scotland) Act 1997, which allows for the determination of applications to develop land without compliance with conditions previously attached to existing planning consents.

8.2 Section 42 of the 'Act sets out that on receiving such an application, the planning authority need only consider the question of the conditions subject to which planning permission was granted. If it is decided that planning permission should be granted subject to conditions differing from those subject to which the previous permission was granted, or that it should be granted unconditionally, planning permission should be granted.

8.3 Conversely, should it be decided that planning permission be granted with the same conditions to which the previous permission was granted, then planning permission should be refused.

8.4 The proposed MBT/IVC plant was granted planning permission on the basis that it would operate as an ancillary facility to the main landfill operations at Greengairs Landfill Site thereby introducing a materials recovery and facility utilising mechanical, biological and in−vessel composting technologies at the site.

8.5 The main issue to assess under this section 42 application is whether the proposed extension to the previously agreed waste delivery hours are acceptable in terms of the current development plan and any other material considerations. Glasgow and the Clyde Valley Strategic Development Plan 212

8.6 The proposed change to the consented waste delivery hours is not considered to be of strategic significance and the s42 variation to condition 14 of planning permission 13/01247/AMD only requires to be assessed under the relevant terms of the North Lanarkshire Local Plan and any other material consideration.

North Lanarkshire Local Plan 2012

8.7 As noted above the proposed ancillary MBTRVC facility has the benefit of an extant planning permission and a re−assessment of the principle of the development would not be appropriate under the terms of S42 of the 'Act. However, the impact of the proposed extension to the consented waste delivery hours would require to be assessed against the terms of the relevant policies of the local plan and associated Supplementary Planning Guidance (SPG).

8.8 NBE3 8 (Rural Investment Area) and NBE 3 A (Greenbelt): The principle of the development in terms of its location within an existing operational landfill site, have been previously considered acceptable and as such the further justification of the existing consented development does not need to be reassessed under this policy designation. 8.9 This notwithstanding, it is considered the proposals would continue to accord with the EDI 3 C criteria as the proposed MBT/IVC development would be sited within an existing operational landfill site which has permission to operate until 2044. The proposed MBT/IVC plant would also accord with the Zero Waste Plan (ZWP) Annex B and the EU Waste Framework Directive (as revised) and it has been previously demonstrated that impacts would be within acceptable levels including the previously agreed traffic volumes/trips and associated waste delivery hours. The ZWP effectively replaced the previous Area Waste Plans which were more restrictive in terms of establishing acceptable proximity principles for waste sources.

8.10 Whilst the ancillary MBT/IVC plant has not yet been constructed it is considered it would be acceptable under the above policies and would also maintain an accord with the assessment guidance set out under SPG EDI 3C (Assessing Planning Applications for Waste Development) in terms of addressing EU, national and regional guidance and issues of need and impact.

8.11 DSPI Amount of Development: The proposed s42 variation would not conflict with this development strategy policy as no additional land would be required.

8.12 DSP2 Location of Development: The proposed development's location was previously considered acceptable as discussed above and a re−assessment of this principle aspect would not be appropriate under this s.42 application.

8.13 DSP3 Impact of Development: As noted above the environmental impacts of the proposed MBT/IVC plant were previously considered to be acceptable under the terms of original planning permission 08/01023/FUL (as amended byl3/01247/AMD) and the list of conditions would still be relevant in any update to the permission under this section 42 application. Whilst some HGV trips would also involve the export recycled materials from the site these specific vehicle movements would still adhere to the previously agreed hours of operation: 7:30 to 19:30 Monday to Friday (inclusive) and 7:30 to 13:00 Saturday only).

8.14 DSP4 Quality of Development: The impacts of the proposed variation to the waste delivery hours would however require to be assessed under the terms of DSP 4 as follows.

8.15 A review of the previous considered traffic and noise impact assessments were provided by the applicant and in summary their consultants advised that there would be no change to the previous conclusions that traffic impacts on the trunk and local road network would be acceptable. In traffic terms it can be noted that with the MBT/IVC plant accepting waste deliveries over a longer 13 hour period (instead of the consented 9 hour period) this may reduce or dilute such impacts.

8.16 Whilst it can be noted that additional vehicle movements would be generated during the extended hours proposed for Saturday and Sunday, it is anticipated these would include 23 vehicles per day resulting in a total of 46 two−way trips. In this regard it can be noted that there would be no increase in the volume of waste material delivered to the site and therefore no significant increase in the overall number of vehicle trips. With the proposed delivery hours extended the actual vehicle trips could be spread over a wider time period with resultant reduction in average weekly trips.

8.17 In terms of other impacts, the applicant provided a summary review of the 2009 Environmental Statement which previously concluded that potential impacts on the water environment, ecology, landscape and visual, noise and air quality receptors from the MBT/IVC development would not be significant. This concluded that whilst there would be a change in the traffic distribution and noise, the respective assessments concluded there would be no significant effects on noise or traffic as a result of the amended hours. In this regard there was no objection from NLC Roads Operations, NLC Protective Services or SEPA. 8.18 Overall it is considered the proposed variation to delivery hours and would not raise any significant impacts over that previously assessed. As noted there was no objection from NLC Roads in terms of impacts on the public road network and there was no objection from NLC Protective Services or SEPA in regard to potential increases in noise or dust emissions in this regard. As such it is considered there would be adequate planning conditions in place to ensure no such impacts affected residential amenity. Moreover the operation of the proposed MBTIIVC plant would require to accord with environmental and waste management regulation controls implemented under SEPA's PPC permitting requirements. It is therefore considered the proposed variation to the waste delivery hours is acceptable and would accord with DSP4.

Material Considerations

8.19 Consultation Responses: In this regard it can be noted there was no objection from SEPA, NLC Roads, NLC Protective Services to the proposed extension to waste delivery tiours.

8.20 Representations: In response to the summary terms of objection the following comments should be noted:

Objection points a, b and C: Re−assessing the principle of the proposed s42 variation against the terms of national waste policies including the Zero Waste Plan, National Planning Framework 2 and PAN 63 would not be appropriate as the principle of the proposed MBT/IVC development has already been considered acceptable.

Objection points d, e and 1: The proposed s 42 variations are considered to accord with the relevant terms of Policy EDI 3 C, DSP 4 and SPG 10 as set out in the local plan.

Objection points g, h and i: Whilst there would be additional vehicle movements during the extended working hour period it is considered these additional trips would not be considered to have any significant impact on amenity or health. Waste deliveries would be within the 210,000 tonne per annum waste capacity allowance for the MBT/IVC plant and within the parent Landfill Site's overall maximum capacity limit of 600,000 tonnes per annum. The export of recycled materials from the MBT plant has previously

Objection point j: Cumulative impacts with other consented developments in the vicinity of Drumshangie Moss and Greengairs have previously been assessed. The proposed extension to waste delivery hours would not result in an unacceptable cumulative impact on existing amenity.

Objection point k: Road safety would not be compromised through the cumulative increase of HGVs use of part of the B803. There was no objection from NLC Roads Operations in this regard.

Objection point I: Whilst the operator would be obliged to deploy the road sweeper to clean parts of the public road network (as required), its additional use would not result in significant impacts as this operates on a temporary basis as and when the road requires to be cleaned.

Objection point m: The proposed 7 day operation would not prevent recreational access to the public road network or to the Drumshangie path system. The waste delivery vehicles utilise only part of Meikie Drumgray Road (between the end of the private access road and the site entrance) and whilst this section of roadway has no public footpaths this reflects the rural nature of the existing road network in this area. The additional waste delivery traffic incurred due to the extended hours proposed for Saturday and Sunday is anticipated to be around 23 additional delivery vehicles resulting in 46 additional two way trips per day. These additional vehicle trips would not result in any unacceptable impact in terms of road safety or emissions. Objection point n: Whilst waste delivery hours would be increased it is considered that this would not result in any unacceptable impacts from noise or odour. Such impacts would be subject to environmental regulatory controls implemented by NLC Protective Services or SEPA under their respective legislative or regulatory remit. Whilst some of the objectors have highlighted ongoing concerns in this regard, such complaints should be reported to either SEPA or NLC Protective Services to investigate such claims further.

Objection point 0: The proposal to vary the terms of the waste delivery hours are in line with the requirements of ongoing municipal waste contract procurement processes. However the Council's involvement in the Clyde Valley Waste Project is not relevant or material to the consideration of the proposals. Any such influence in the planning assessment process could be considered ultra vires and any decisions taken by the Planning Authority on that basis would be open to judicial review or legal challenge.

Objection point p: The proposals would not result in any significant unacceptable detriment to residential amenity.

Objection point q: The planning application is not considered to be a violation of Article 8 of the European Convention of Human Rights. The planning application details have been assessed in an appropriate manner under the terms of the development plan and other material considerations. The relevant neighbour notification and advertisement of the proposed amendments were completed and the terms of objection raised by local residents have been given appropriate consideration.

Objection point r: Waste delivery HGVs access the site via the private haul road and part of Meikie Drumgray Road as they are not allowed to use the B803 through Wattston/Greengairs. Whilst the small increase in vehicle trips during the extended delivery hours can be noted these would not be significant in terms of numbers, noise or emissions.

Objection point s: Concerns over noise, dust and odour emission from the current landfill site operations are not strictly material to the consideration of the S 42 variation to the MBT/IVC development. However, such nuisance complaints (if formally reported) would be subject to further investigation undertaken by either SEPA via the PPC permit, NLC Protective Services or NLC Roads Operations. In this regard the respective objector (Greengairs CC in this instance) has been advised in writing to raise such complaints directly with the appropriate agency or NLC service.

9. Conclusions

9.1 Planning permission for the proposed MBT/IVC development at Greengairs Landfill Site is in place under the terms of planning permission 091008491FUL (as amended by previous s42 variation approved under 13/01247/AMD). The proposed extension to waste delivery hours (required to comply with emerging municipal waste contracts) is considered acceptable and the introduction of an additional control over the export of recycled materials is an appropriate variation to the condition. This proposed alteration would not materially affect the nature, scale or purpose of the consented ancillary MBT/IVC development and would not have a significant impact in terms of traffic or noise impacts to those previously assessed and accepted. There was no objection raised within any of the consultation responses and whilst the terms of objection can be noted they have not been sustained and cannot be so weighted to suggest the previous hours of operation should remain unchanged thereby inviting a recommendation that planning permission be refused.

9.2 Conversely the proposed variation to existing Condition 14 is considered reasonable and it is recommended that planning permission be granted subject to an amended list of conditions.

9.3 Greengairs Community Council wishes to present its objections to this application at a hearing and have requested that a site visit be arranged to ensure members of the Planning and Transportation Committee are fully aware of the impact these proposals will have on the community. The grounds for this request are based on:

• Traffic, access problems • Loss of residential amenity re noise • Impact on the local environment • Health issues