Agenda item

Full application for engineering operations, including cut and fill, to deliver an extended rip-rap embankment on the northern development parcel of phase II, in addition to further works to reinforce the old sheet piling around the dock wall.

 

LOCAL MEMBER: Councillor Huw Gruffydd Wyn Jones

 

Link to relevant background documents

 

(a)     Full application for engineering operations, including cut and fill, to deliver an extended rip-rap embankment on the northern development parcel of phase II, in addition to further works to reinforce the old sheet piling around the dock wall.

 

The Senior Planning Manager – Minerals and Waste expanded on the background of the application, reminding the members that there had been two previous applications on the site to raise the land level in order to develop it further. These included providing rock armour around the site, and rip-rap (sea defence). The purpose of this existing application was to extend the rip-rap further, along with the installation of sheet piling around the quay - the most intrusive elements of the application.

 

Following the submission of vibration and noise assessment, Gwynedd Council's Public Protection Unit was consulted. It was concluded to recommend approving the application with specific noise monitoring conditions during the work, along with vibration monitoring; and due to the proximity of houses to the site, restrict working hours to four hours a day, and only two hours in one specific location.       

 

          Following an assessment under the Habitats Act 2017, as part of the beach in front of the

site would be impacted by the work, it was not considered that there would be any impact on the international conservation sites of Traeth Lafan and the Menai Strait. Nevertheless, it was noted that there would be mitigation measures when installing the sheet piling to work no later than two hours prior and half an hour after high tide.

 

With regard to sheet piling installation matters, it was highlighted that as the dock walls were deteriorating, it would be mandatory to carry out salvage work for the future. With housing within 25m to the setting, the applicant's attention was drawn to less intrusive techniques of installing sheet piling into the ground, proposing the silent sheet piling technique. Although the applicant was willing to adopt this technique, the need for assurance of further mitigation measures was expressed, therefore additional conditions would be needed so that the applicant could confirm the exact technique and methodology used to install the sheet piling before commencing the work. The applicant would also need to confirm a vibration monitoring plan, the work site along with the type of equipment that would be used.      

 

(b)     Taking advantage of the right to speak, an objector, who represented the residents of the bay and nearby houses, noted the following main points:

·         That a previous application was refused due to the presence of Japanese knotweed. Evidence that the plant had been removed was required. The problem was the same with this site, and therefore there was a need to ensure that there was no Japanese knotweed on the site before commencement.

·         That the nearest house was approximately 20m from the site

·         Accepted that the applicant had agreed to change his method of working, but the report did not reflect working methods. The statistics were inaccurate, therefore a new application was required

·         The applicant did not have any commitment to the wishes of nearby residents. There was poor faith and trust in the applicant. They did not keep to their word and therefore, strict conditions were required to control the situation

 

(c)     Taking advantage of the right to speak, the applicant’s agent noted the following main points:

·         That an application to extend the work was warranted in November 2016

·         That the applicant was collaborating with the Planning Authority to seek solutions

·         That the applicant would adhere to the strict rules

·         That a habitats assessment had been completed

·         That there would be no adverse impact

·         Every concern had been satisfied

·         That the technical reports had been evaluated by the Planning Officers

 

(ch)   The local member (a member of this Planning Committee) made the following main points:

·           That noise from the vibration level was very loud

·           Using silent vibration-free equipment would be better than what was originally proposed, although it was not confirmed whether this machine would be used. If a condition was included to highlight this, the residents would be satisfied.

·           Accepted the need to protect the site from the sea

·           If the agent gave confirmation of the action plan, this would give residents assurance and the application would be considered acceptable.

 

(d)     It was proposed and seconded to approve the application along with imposing an additional condition, detailing the type of equipment that would be used.

 

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

·         Had the Japanese knotweed been removed in accordance with the requirement?

 

          RESOLVED - To authorise the Senior Planning and Public Protection Service Manager to approve the application subject to the range of conditions noted below, and additional conditions to agree on the type of equipment used to install the sheet piling, and a condition to monitor vibration 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 sheet piling operations and the import of 7,500 tonnes of rock armour (rip-rap) material to be implemented within a twelve-month timescale 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,

·        Sheet piling operations restricted to four hours per day in any 08.00 – 18.00 period with no operations being continuous for more than two hours at any given location

·        Recommended noise limit of 65dBA LAeq, 10 hours and requirement for noise monitoring,

·        Recommended vibration limit of 10 PPV mm-e -1 at the nearest residential property and requirement for vibration monitoring,

·        Notification of the commencement and completion of sheet piling operations,

·        Where noise and vibration levels (both airborne and structure-borne) exceed the predicted levels, the Local Planning Authority and Public Protection Department shall be notified as soon as practicable by telephone or by electronic means.

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

o   Prohibit sheet piling installation work two hours prior to high tide and an hour and a half after high tide between September and March i.e. a no work period of 3 hours encompassing high tide,

o   Any other work (constructing rip-rap and preparing the site) to be prohibited one and a half hours on either side of high tide between September and March i.e. a no work period of 3 hours encompassing high tide,

o   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,

o   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 rock armour and installation of sheet piling,

·        Detailed design of the rip-rap material, 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 measures, site monitoring and ecological mitigation 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 (Wales) Act 2015.