Agenda item

Application under Section 73 to vary condition 2 on planning permission C15/1081/11/LL to extend the timescale to complete the development in accordance with the application plans (submission of further information to support a variation of condition 3, cut and fill operations).

 

LOCAL MEMBER:    Councillor Huw Gruffydd Wyn Jones

 

Link to relevant background documents

Application under Section 73 to vary condition 2 on permission number C15/1081/11/LL to extend the timescale to complete the development in accordance with the application's plans (additional information was presented to vary condition 3 to facilitate the cut and fill operations).

        

(a)     The Senior Minerals and Waste Planning Officer elaborated on the background to the application, noting that the application had been deferred at the meeting of the Committee held on 19 March 2018 in order to investigate matters involving fully managing Japanese knotweed before further work could be commenced on installing the stone sea defence materials.

 

It was noted, following discussions, that a consensus was reached on a plan that satisfied the Planning Service, the Public Protection Service and Natural Resources Wales to treat and manage Japanese knotweed. It was explained that the intention was to spray the plant over a period of at least two years with two treatments every season. This work had to be carried out before any further development took place on the site.

 

          Attention was drawn to the additional observations that had been received.

 

          Consideration had been given to birds in the bay, the sturdiness of the land and the effect the work would have on the land along with traffic management measures. It was noted that several conditions were recommended that dealt with all the considerations, such as biodiversity and the amenities of nearby residents.

 

It was explained that the applicant anticipated that the work of installing the rip-rap material around the site would take approximately 3 to 4 months with the removal of approximately 25 loads per day. It was noted that this would lend stability to the site.

 

The development was acceptable in terms of relevant local and national policies for the reasons noted in the report.

         

(b)     The local member (a member of the Planning Committee) made the following main points:-

·         Nothing had been done to treat the Japanese knotweed on the site since the application was discussed at the Committee on 19 March;

·         It was only very recently that Natural Resources Wales had agreed to the proposal;

·         If the Japanese knotweed were treated at this time of year it would be ineffective;

·         Getting rid of Japanese knotweed from the site would take years, the plant was on the periphery of the site where it is intended to install the rip-rap;

·         Referred to a letter from the Public Protection Unit. Clear that the Unit had concerns about work going ahead without having eradicated the Japanese knotweed;

·         If the application were approved, requested that a condition for the rip-rap work not to proceed until the Japanese knotweed had been eradicated or treated at least three times;

·         Asked on behalf of residents to amend the approved working hours to exclude Saturdays and Sundays, to reduce the effect the work would have on them.

 

(c)     In response to the observations of the local member, the Senior Planning Officer - Minerals and Waste noted that condition 21 stated that the applicant would have to demonstrate that the Japanese knotweed had been eradicated from the site before proceeding with the development. In terms of Saturday working, that the work times had been restricted to an hour and a half on either side of high tide. He noted that removing Saturday as a working day would mean that the work would take more than three to four months.

 

(ch)   It was proposed and seconded to approve the application.

 

         An amendment to amend the working hours was proposed with the withdrawal of Saturdays. The amendment was seconded.

 

During the ensuing discussion, the following main observations were noted by members:

 

·         Why had the applicant not commenced the work?

·         Further information should be provided about contaminants in the land before work commences;

·         Two years had elapsed since the original application was approved and this was an application to extend the permission. There was a real need to treat the Japanese knotweed.

 

(ch)   In response to the above observations, the officers noted that:

·         It was important to agree the methodology in accordance with Welsh Government requirements. The insistence was on using spraying methodology over a period of at least two years to deal with the Japanese knotweed. The original proposal to screen the material would have had a greater impact on residential amenities;

·         In accordance with the original application, the land was covered with slate waste because of concerns, at the time, of airborne emissions. As regards the concerns about leachate, the applicant would submit water samples to the Public Protection Service and Natural Resources Wales. Either there was no risk of polluting the environment or the risk was low. The constitution and contamination of the land had been thoroughly examined;

·         The applicant was required to submit an application detailing the steps to be taken to deal with the Japanese knotweed. The applicant had missed the opportunity to begin the spraying work this season. The work would, therefore, commence next year.

 

RESOLVED to authorise the Senior Planning and Public Protection Service Manager to approve the application subject to a range of conditions as follows, and, where noted, to submit specific information in accordance with the conditions prior to the commencement of the development:

 

·        Commence the development within five years,

·        Temporary operations involving the full implementation of the cut and fill scheme and import of 7,500 tonnes of stone to be implemented within a nine-month time-scale of the date of notification to the Local Planning Authority,  

·        Permitted operations and compliance with submitted Details / Plans;

·        Transport of materials restricted to 150 tonnes a day, between 08.00 and 17.00 Monday to Friday, or a total of eight loads a day;

·        Before the commencement of the development, the Regeneration and After care plan for the site would be submitted for approval by the Local Planning Authority and will include a provision for improving biodiversity. Restoration to commence within 3 years of the completion of operations involving the installation of rip-rap unless further planning permission is granted,  

·        Mitigation measures to reduce the impact on redshank, rock pipit and other features of local biodiversity interest, including:

·         Prohibiting construction/dumping work one hour before and one hour after high tide between September and March i.e. a no work period of 3 hours encompassing high tide,

·         Monitoring surveys should be undertaken during the construction period to check that birds are continuing to use the site and that measures to minimise disturbance are being implemented successfully,

·         applicants to produce and operate a detailed work schedule detailing the daily restricted work times encompassing high tide as stated in the condition

·        Removal of surplus civil engineering equipment, structures and plant machinery upon completion of the development,

·        Control dust released and provide wheel washing equipment on site as a planning condition,

·        Use restricted to the disposal of stones

·        Detailed design of the stones, maximum size of stone to be used and any future maintenance requirements to be in accordance with the details previously approved under a condition

·        Pollution Control, site monitoring and ecological mitigation measures to be implemented in accordance with the Construction Environment Management Plan to be submitted for approval by the local Planning Authority prior to the commencement of the development to ensure good practice and mitigation measures have been established to protect the aquatic environment, including: working conditions on the site and measures to control environmental impacts such as HGV movements, wheel washing facilities, vehicle sheeting, safe storage areas, air quality, working hours, noise/vibration, waste and pollution control.  Also, monitor potential run-off from silt and waste materials to mitigate for the potential environmental impact of the development and spill procedures

·        The applicant to undertake a water sampling and analysis plan during the period of the development to discover whether any pollutants are present in any leachate

·        Fuel or lubricants to be stored in a location to be agreed in writing with the Local Planning Authority. Bunding to be at least 110% of the fuel tank capacity.

·        Before the commencement of the development on the site, evidence will be submitted for approval by the Local Planning Authority to confirm that the Japanese knotweed treatment programme has been successful and that an independent consultant confirms that all invasive plant matter has been eradicated. The amended plan requires that the contractor continue to inspect the land for any regrowth for a 10 year period and provides any photographic and monitoring documentation, any remedial work to eradicate any regrowth and any case of Japanese knotweed in the vicinity of the site.

·        The use made of on-track plant on site should be restricted as much as possible, until the areas containing Japanese knotweed have been cleared or separated.  If it is deemed necessary to use on-track plant in areas where Japanese knotweed is present, a geo-textile layer must be used as a surface upon which vehicles may travel.  

·        Note to the applicant referring to the consultation response of Natural Resources Wales, Gwynedd Council Flood Risk Management and Coastal Erosion Service, and the location of Welsh Water equipment that require safe access at all times

·        Note to applicant that the responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner.

·        Note to applicant that the application has been assessed in accordance with the seven sustainability goals of the Well-being of Future Generations Act (Wales) 2015.