Environment and Protective Services Committee: 22 September 2015
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ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 22 SEPTEMBER 2015 15/00076/MIN – PLANNING APPLICATION FOR SAND EXTRACTION FROM VALLAY ISLAND, CLADDACH VALLAY, SOLLAS, ISLE OF NORTH UIST Report by Director of Development PURPOSE OF REPORT This application was considered by the June meeting of this committee when it was agreed that consideration of the application be deferred to the next scheduled meeting of the Committee to enable an analysis of the sand concerned to be submitted by the applicant to inform consideration of the application. Since this is the next scheduled meeting the application is presented to the Committee for further consideration. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.1 This Report relates to a Planning Application to extract 5000 tonnes (c. 3,030m³) of sand, over a period of ten years, from a 1.4 hectare site within a high dune system in the north east area of the uninhabited Island of Vallay, Isle of North Uist. 2.2 Determination of this application was deferred at the 16 June meeting of this Committee to allow submission of an analysis of the sand from the proposed extraction site. 2.3 On 17 August the applicant submitted a sand analysis undertaken by Celtest of North Wales. This was also emailed by the applicant’s agent to Members. 2.4 The analysis showed that the sand met all relevant standards for mortar and plastering works. 2.5 The analysis did not, however, make any assessment of whether the sand from Vallay was in some way superior to that of the approved sand extraction site at Balemartin. Previous analyses by the British Geological Survey and for the Scottish Agricultural College have suggested that the Balemartin sand is also suitable for a range of uses including mortar and plastering works. 2.6 The applicant’s agent has suggested that a comparative analysis can only be attained fairly if both sand sources are tested with the same rigour. As this has not been undertaken by the applicant, enquiries have been made with Celtest to ascertain what the terms would be for subjecting Balemartin sand to the same tests. An update on this will be reported verbally to the Committee. RECOMMENDATION 3.1 It is recommended that determination of the application be deferred until an analysis of Balemartin sand to comparable standards to that undertaken on sand from the application site on Vallay has been received. Contact Officer Alastair Banks Telephone: 01870 604990, Email: [email protected] Appendix 1 Report to 16 June meeting of the Environment and Protective Services Committee APPENDIX 1 ENVIRONMENT AND PROTECTIVE SERVICES COMMITTEE: 16 JUNE 2015 15/00076/MIN – PLANNING APPLICATION FOR SAND EXTRACTION FROM VALLAY ISLAND, CLADDACH VALLAY, SOLLAS, ISLE OF NORTH UIST Report by Director of Development PURPOSE OF REPORT Since the application is considered by the Appointed Officer to be sensitive the planning application is presented to the Committee for a decision. COMPETENCE 1.1 There are no legal, financial or other constraints to the recommendation being implemented. SUMMARY 2.7 This Report relates to a Planning Application to extract 5000 tonnes (c. 3,030m³) of sand, over a period of ten years, from a 1.4 hectare site within a high dune system in the north east area of the uninhabited Island of Vallay, Isle of North Uist. 2.8 The Outer Hebrides Local Development Plan (OHLDP) identifies in Policy 21 a landbank of permitted reserves to meet local needs for minerals and aggregate for the Plan period. Included within the identified reserves is a site is Balemartin, North Uist, a site with an extant planning permission for sand extraction with considerable unexploited reserves, sufficient to serve the needs of the local community for the foreseeable future. 2.9 An analysis of sand at Balemartin by the British Geological Survey (BGS) (labelled as Balelone by BGS) and the supporting statements in the BGS report indicate that the sand is of a quality suitable for a range of use including building sand for rendering and mortaring. 2.10 The applicant has submitted statements by local building merchants in support of his planning application, which claim that the sand from Vallay Island has properties that make it more suitable for certain building works (rendering and mortaring in particular), than the sand from the consented site at Balemartin. However, in order to provide more substance to these statements, the applicant’s agent was asked to provide a sand analysis, which would enable an objective comparison of the proposed sand with that from the identified and consented site. The applicant has declined to provide this analysis and in its absence there is no basis for independent verification of the stated need. 2.11 Policy 21 states that “proposals for development outwith the sites listed will require to demonstrate that needs cannot be met from existing consented sites and recycled sources; the extension of existing sites; and the reopening of dormant or old workings…”. The proposal fails to make such a demonstration, in particular because of the ample reserves of sand at the site in the Policy 21 list at Balemartin. 2.12 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. The applicant’s failure to substantiate claims with objective scientific analysis suggests that there are no material considerations of sufficient weight that might justify a decision other than in accordance with the OHLDP. The application is therefore recommended for refusal. RECOMMENDATION 3.2 It is recommended that the application be REFUSED for the reasons shown in Appendix 1 to this Report. Contact Officer Alastair Banks Telephone: 01870 604990, Email: [email protected] Appendix 1 Schedule of Proposed Reason for Refusal 2 Location Plan Background Papers None DESCRIPTION OF THE PROPOSAL 4.1 It is proposed to extract 5000 tonnes (an estimated 3,030m³) of sand over a period of ten years from a 1.4 hectare site within a high dune system in the north east area of the uninhabited Island of Vallay. 4.2 The sand would be excavated by a tracked machine and transported from the island by a tractor and trailer. An average of two daily loads of over three tonnes would be taken off the island. A direct route would be taken from the sand pit directly to the south and joining an existing machair track which is used for general farm management. The sand would then be transported across Vallay Strand to Claddach Vallay where it would be loaded on to lorries. Timings would be dictated by the low tide, but are expected to take place between 8am and 5pm. Operations would take place throughout the year based on demand. 4.3 The application form says that “The proposed pit will not change the overall landscape of the area as there are already several large open sand dunes. Therefore no landscaping should be required. When the site is no longer used it will be covered with seaweed from the nearby shore. This will allow the natural regeneration of the site. The site will (then) be used for rough grazing of cattle.” 4.4 The proposal is within the class of Local development within the Planning Hierarchy. ADMINISTRATIVE PROCESS 5.1 The planning application by R.C. MacAulay Kirkibost Ltd, Whiteshore, Bayhead, North Uist HS6 5DY, was registered on 10 March 2015. ENVIRONMENTAL IMPACT ASSESSMENT (SCOTLAND) REGULATIONS 2011 6.1 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (The 2011 Regulations) apply to this proposal. 6.2 The proposed development is Schedule 2 Development – Categories 2 (Extractive industry) in terms of the 2011 Regulations. 6.3 Having assessed the characteristics and location of the development and the characteristics of the potential impact as set out in Schedule 3 to the 2011 Regulations, Comhairle nan Eilean Siar on 4 February 2015 issued a Screening Opinion stating that in its opinion the proposed development is not considered likely to have a significant impact on the environment and that the submission of an Environmental Statement was not required. PREVIOUS PLANNING DECISIONS RELATING TO THE SITE 7.1 There are no relevant previous planning decisions which affect the site, but enforcement action in the form of an Enforcement Notice was taken in 2013 to stop the unlawful extraction of sand from Vallay. RESPONSES TO CONSULTATION 8.1 The full terms of the responses to statutory and other consultations by the Planning Authority can be read on file at the Development Department. The following is a summary of those relevant to the determination of the application. SCOTTISH NATURAL HERITAGE (SNH) 8.2 “This proposal will have a likely significant effect on the Shifting dunes with marram and dune grassland features of the North Uist Machair Special Area of Conservation (SAC), however considering the scale of the loss in relation to the extent of these habitats throughout the site and the fact that the vegetation will be reinstated once extraction has ceased the proposal will not adversely affect the site integrity for these qualifying interests. The proposal also lies within North Uist Machair & Islands Special Protection Area (SPA) and Vallay Site of Special Scientific Interest (SSSI), however it will not have a significant effect on designated features within these sites.” SCOTTISH ENVIRONMENT PROTECTION AGENCY (SEPA) 8.3 An initial objection on grounds of inadequate information on impact on groundwater ecosystems was withdrawn following submission of details from SNH. “SEPA has been provided with more information from SNH by way of their email which we received on 29 May 2015.