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. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002196\AI00025100\01919WRSCOTTISHWATERCONSTRUCTIONCOMPOUNDARDNADAMCARPARKSANDB ANK0.DOC 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. F:\MODERNGOV\DATA\PUBLISHED\INTRANET\C00000242\M00002196\AI00025100\01919WRSCOTTISHWATERCONSTRUCTIONCOMPOUNDARDNADAMCARPARKSANDB ANK0.DOC 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).