23/01255/Fll
Perth and Kinross Council · 13 March 2024
Back to Planning and Placemaking Committee — 13 March 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 13 March 2024 Report of Handling by Strategic Lead - Economy, Development & Planning (Report No. 24/74) PROPOSAL: Siting of mobile crushing and screening plant (for a temporary period) LOCATION: Newtyle Farm, Dunkeld, PH8 0HZ Ref. No: 23/01255/FLL Ward No: P5 - Strathtay Summary This report recommends approval for the siting of mobile crushing and screening machinery at Newtyle Farm, Dunkeld, as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 This application seeks to obtain detailed planning permission for the siting of a mobile crusher and screener (the ‘machinery’) for a two-year period at a former slate extraction site at Newtyle Farm, Dunkeld. The machinery has previously been sited and operated for several years on both this, and at various other locations within the former slate extraction area. 2 In its current location, detailed planning permission was granted in 2020 until 1 July 2023, at which point it should have been removed on the basis that it was no longer required. This current application essentially looks to extend that temporary period for a further 2-years, as there remain waste slate reserves to gather, process and export. 3 It should be noted that this planning application relates solely to the siting, and operation of the machinery. The physical gathering and removal of the surrounding waste slate material left over from the former mineral working deposits is permitted development under the terms of Part 19, Class 66 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GPDO) and is subject to the specific conditions stated within that class – which includes control over the eventual restoration of the site and details of the vehicular access. For this particular part of the quarry the Class 66 authorisation remains active, and material can still be removed from the site, but is not being screened or crushed.
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PRE-APPLICATION CONSULTATION 4 The proposal is not classified as ‘Major’ development and as such does not require any statutory pre-application consultation with the local community. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 5 The proposal has been screened and is not considered to require assessment through EIA. DEVELOPMENT PLAN 6 The Development Plan for the area comprises National Planning Framework 4 (NPF4), Perth and Kinross Local Development Plan 2 (2019) (LDP2) and statutory supplementary planning guidance (SPG). National Planning Framework 4 7 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. 8 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 26: Business and industry • Policy 29: Rural Development Perth and Kinross Local Development Plan 2 (2019) 10 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 11 The site is located within the landward area of the LDP2, where the following policies are applicable, • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 37: Inert and Construction Waste
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• Policy 38: Environment and Conservation • Policy 41: Bio-diversity • Policy 56: Noise Pollution • Policy 57: Air Quality Statutory Supplementary Planning Guidance 12 The following statutory SPG are applicable to this proposal, • Placemaking • Delivering Zero Waste • Landscape OTHER PKC POLICIES Non-Statutory Planning Guidance (PG) 13 The following non-statutory PG is applicable, • Planning & Nature NATIONAL PLANNING GUIDANCE 14 The Scottish Government expresses its planning policies and guidance through Advice Notes (PAN), Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding SITE HISTORY 16 20/0005/NOTIF – Class 66 approval for the removal of slate waste from the area directly surrounding the application site. 17 20/00409/FLL – Detailed planning permission was approved until 1 July 2023 for the siting of the mobile crusher and screener (for a temporary period).
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CONSULTATIONS 18 As part of the planning application process the following bodies were consulted: External 19 Dunkeld and Birnam Community Council - Object to the proposals. The principle areas of concern relate to: traffic; ecological and landscapes impacts; impacts on trees; and processing of waste materials. Further concern is also shared with regard to the Council’s enforcement of previous suspensive conditions. Internal 20 Environmental Health - No objection, subject to similar noise and dust conditions being attached to any permission, as applied to 20/00409/FLL. REPRESENTATIONS 21 Six objections have been received. Five from individuals, the other from Dunkeld and Birnam Community Council. The principal issues raised are: • Contrary to the Development Plan • Impact on visual amenity • Traffic concerns • Impact on residential amenity (noise and dust) • Impact on ecology • Impact on trees • Loss of open space • Inappropriate land use 22 These issues are addressed below in the main appraisal section, however the majority of them are not directly applicable to this planning application. They are more applicable to the excavation activities. ADDITIONAL STATEMENTS 23 Screening Opinion No EIA required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not Required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact Planning Statement
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APPRAISAL 24 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the LDP2 and statutory SPG. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. 25 In terms of other material considerations, this involves considerations of the Council’s non-statutory planning guidance and consideration of the sites planning history. Policy 26 There are relevant policies contained across the Development Plan. 27 Within the NPF4, Policy 26 (Business and Industry) looks to encourage, promote and facilitate business and industrial uses, whilst Policy 29 (Rural Development) encourages rural economic activity and diversification – both subject to being in suitable and appropriate locations. Both policies also look to ensure that the nature and scale of the proposals is compatible, and in keeping with the surrounding area. Policy 4 (Natural Places) seeks to ensure that our natural assets are protected against inappropriate new developments. 28 Within the LDP2, the site lies within the landward area where land use Policies 1 (Placemaking), 8 (Rural Business and Diversification), 37 (Management of Inert and Construction Waste), 38 (Environment and Conservation) and 50 (noise) would be directly applicable. 29 Policy 1 seeks to ensure that all new developments do not have an adverse impact on the local environment, which includes visual and residential amenity impacts. Policy 8 supports the expansion of existing businesses and the creation of new ones in rural areas and that there is a preference for such developments to be within or adjacent to existing settlements. However, in this case, where the location is out with a settlement proposals may be acceptable where they offer opportunities to diversify an existing business or are related to a site-specific resource or opportunity – providing that the proposal contributes positively to the local economy through (amongst other things) the provision of permanent employment. 30 Policy 37 offers support for proposals which are for the recycling and processing of insert and construction waste, providing they are environmentally acceptable and take place in suitable locations – such as at existing industrial and brownfield sites. Policy 38 seeks to ensure that our natural assets are protected against inappropriate new development. 31 Finally, Policy 56 states that there will be a presumption against development which will generate high levels of noise in the locality of existing or proposed
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noise sensitive land uses, and similarly against the locating of noise sensitive uses near to sources of noise generation. 32 In terms of statutory SPG, the Council’s policies on Placemaking, Landscapes and Delivering Zero Waste are applicable, and the content of these broadly follows the comparable LDP2 policies. Land Use Acceptability 33 As stated previously, this application is not related to the physical extraction of any additional material, that being authorised under the explicit terms of Part 19, Class 66 of the GPDO and that position will not change until the area of extraction is exhausted. 20/0005/NOTIF relates to this, and there are no time restrictions thereon. 34 In light of this, the proposal is only concerned with siting machinery associated to the further onsite processing of the remaining waste material, to effectively make it more usable (and suitable) for use in the construction industry, all for a temporary period of two years. 35 Slate was originally quarried but has been exhausted. Left over from the quarrying is a significant quantity of slate waste, a by-product, and this remains across the former quarry site and on the land immediately surrounding the proposed location of the machinery. The applicant is continuing to remove this slate waste via their approval under Part 19, Class 66 of the GDPO. 36 The removal and proposed processing of the slate waste, to make it a more usable product, would effectively see the slate resource exhausted and quarrying associated waste removed. 37 The principle of this would align positively with Policy 37 of the LDP2, supporting a proposal which involves recycling and processing of inert and construction waste, which is environmentally acceptable, within an already industrial / brownfield landscape, and the machinery will be removed upon exhaustion of the slate resource. Given the site is in the middle of an area that has previously seen slate quarrying and is currently having slate waste removed (lawfully), the area where the machinery is to be sited can be considered to be both industrial and brownfield in character already. 38 In terms of rural business and diversification, Policy 8 of the LDP2 and Policies 26 and 29 of the NPF4 are all applicable. 39 In the context of rural business, Policy 8 of the LDP2 and Policy 29 of the NPF4 both offer support for the expansion of existing businesses within rural areas, when the proposal offers opportunities to diversify an existing business or when the process is related to a site specific resource or opportunity – providing that the proposal contributes positively to the local economy through (amongst other things) the provision of permanent employment, and there is no adverse impact on the environment or communities.
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40 The proposed siting of the machinery to further process onsite waste material (with no need to import), and to make it more suitable for local businesses to use for construction projects aligns positively with the aims and objectives of these policies. There is no unacceptable harm to the environment via the use of the machinery, and nuisance from noise and dust arising directly from the use of the machinery is controllable to within tolerance levels. 41 It is accepted that the principle of processing the waste slate onsite before transporting it elsewhere is not new and does not constitute a diversification of the existing business, rather it is the continuation of the business and has been previously carried out across the wider area of waste reserves. Thus, the proposal would be a continuation and expansion of an existing business, and an opportunity to continue to use the associated site-specific resource. 42 The proposal is therefore considered complaint with both Policy 8 of the LDP2 and Policy 29 of the NPF4, in relation to rural businesses and diversification. 43 Support for business and industry in a general context is offered by Policy 26 of the NPF4 which supports businesses and industry providing that proposals are of a scale and nature which is compatible with the surrounding area, proposals are compatible with the primary business function of the area and that protection is afforded to residential amenity and the surrounding environment. In this context the machinery will be sited within the centre of an area of quarry related waste, of which processing will continue for the proposed duration of the siting of the machinery. There will be no direct impact on the environment as a direct result of this proposal (i.e. further physical excavations of material), and the impacts associated to the operation of the machinery can be controlled so that nuisance to residential properties is within acceptable tolerances. As such, there is not considered to be any conflict with Policy 26 of the NPF4. Noise and Dust Pollution 44 It is accepted that there has been and will be some noise and dust generation, both from the excavation and removal of the slate waste from the site, and more so by the operation of the machinery. 45 It is important to clarify that the scope of the planning application under consideration relates solely to the proposed siting of the machinery and its processes only, and not any impacts from the associated physical removal of slate waste. The potential for noise and dust generation by the proposed equipment has been assessed fully Environmental Health and subject to conditions 3 – 6, such nuisance can be a) controlled and b) monitored (if required). 46 The proposal is therefore considered in accordance with Policy 56 of the LDP2, and the more generic amenity policies of the Development Plan.
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Residential Amenity 47 In terms of overlooking or loss of privacy to neighbouring residential properties, the proposal raises no concerns. The proposed location of the equipment being some 160m from the closest residential dwelling. 48 In terms of nuisance from dust and noise, as stated above these elements are controllable to an acceptable level. 49 It is accepted that there is noise and dust generated from the removal of the slate waste, beyond that from the proposed machinery, and this is out with the scope of planning control. However, it is considered that more noise and dust would be generated by the operation of the machinery, and this can be subject to planning control. Evidence indicates that due to the relatively large particulate size, most dust arising from use of the machinery would be deposited within the immediate vicinity - which sits within the larger area of slate waste working and would not affect the residential properties directly. 50 In terms of noise, subject to appropriate noise and operational time conditions, nuisance should not occur to any existing residential property as a direct result of the use of either the machinery. Subject to these proposed conditions, the use of the equipment can be adequately controlled so that there is no unacceptable impact on the residential amenity. Dust on the Local Road Network 51 Although the removal of material from the site does not require planning permission and cannot be controlled through this planning application, it is the case that the proposed crushing and screening process may create additional dust, over and above that which would be created just by collecting, loading and transporting the waste material unprocessed. 52 Accordingly, vehicles leaving the site therefore have the potential to transfer this dust onto the public roads. There have also been related complaints during previous operations of screening and crushing machinery. 53 However, the general state of the public road and its ability to accommodate HGV movements associated with the removal of the slate waste from this site is not a matter open for consideration under the limits of this planning application. 54 Notwithstanding, controlling the transfer of dust (which could in part be seen to be directly caused from the crushing / screening process) onto the public road is a consideration and could cause nuisance to residential properties near the site, and also properties which are located along the haulage routes. 55 On this basis it is considered appropriate to try to minimise the level of additional dust nuisance arising by seeking the further submission and approval of an updated Dust Management Plan (Condition 6). It is expected that the dust
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management procedures will look to increase and improve upon some of the existing measures, such as the wetting of exposed material and internal roadways. during dry weather, regular use of a road sweeper and the potential need for wheel wash facilities before vehicles leave the site. Roads and Access 56 This proposal raises no issues over vehicular access or parking – which are all in place. It is noted that concerns over the number of movements of HGVs on local roads has been raised within the representations, and the impact that has been having and will continue to have on road and pedestrian safety and the condition of the roads themselves. However, the Class 66 approval allows for no specific restrictions on these traffic movements. It is also important to note that the level of HGV movements would not significantly differ between a) raw slate waste being removed and b) processed slate waste being removed – the volumes being largely comparable. Thus, also impact on local roads is appreciated, it is not a material planning consideration for this application. Trees 57 A number of objections, and the Community Council, comment on the impact that this development will have on trees during the material harvesting. However, again, this application is not for any removal of slate waste from the ground, just the siting of machinery (on already excavated land) and the associated processing by that machinery. As a result of this, there are no trees which are affected directly by the proposal. Impact on National Scenic Area 58 The extraction of the waste material is permitted development and is not considered by this planning application. Policy 38 of the LDP2 and Policy 4 of the NPF4 should be noted, however the siting of the machinery in the context of the larger extraction areas are considered to have limited, temporary and ultimately acceptable impact on the integrity of the National Scenic Area. Impact on Bio-diversity 59 The siting and use of the proposed equipment would have little impact on any local habitats or wildlife species. The areas where the machinery is to be located are man-made ground, which has little in the way of habitat value. Noise arising from the use of the crusher and screener would be in combination with existing noise associated the extraction of the material and would not result in any disturbance to wildlife in isolation. Drainage and Flooding 60 The proposal raises no issues in terms of drainage or flooding.
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Developer Contributions 61 The proposal has no requirement for any Developer Contributions or Affordable Housing provision. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 62 None. CONCLUSION AND REASONS FOR RECOMMENDATION 63 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, the adopted Local Development Plan 2 (2019) and statutory SPG. Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. 64 Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application, subject to the following conditions, 1. Permission is hereby granted for a limited period until 13 March 2026. Prior to this date, the use of all plant and machinery associated with this development shall cease, and all associated equipment removed from the site. Reason - In view of the nature of the proposed development and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. Noise from any plant and machinery associated with this development shall be controlled so that noise levels do not exceed 55dB LAeq, 1 hour (free field) at any adjacent dwellinghouse. Reason - To ensure a satisfactory standard of local environmental quality. 4. Prior to the commencement of the development hereby approved, confirmation of the model of both crusher and screener shall be submitted to and approved in
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writing by the Council as Planning Authority. Any change from the approved model(s) shall be approved in writing with the Council before being brought into site. All plant and equipment shall thereafter be operated and maintained according to the manufacturer's recommendations. This includes all necessary servicing and the provision of satisfactory exhaust systems to ensure that noise emissions are minimised. Records regarding all services and modifications made to all plant and equipment shall be kept on site and shall be available for inspection by the Council as Planning Authority. Reason - To ensure a satisfactory standard of local environmental quality. 5. The hours of operation of the plant and equipment hereby approved shall be limited to 0700 hours to 1900 hours Monday to Friday and 0800 to1300 on Saturdays, with no operation on Sunday. Reason - To ensure a satisfactory standard of local environmental quality. 6. Prior to the commencement of the development hereby approved, a Dust Management Plan must be submitted to and approval in writing by the Council as Planning Authority. The plan must include adequate precautions to ensure that all times and at all stages of the process (including reinstatement), dust generation on the site and outwith, is minimised by implementing agreed dust prevention measures e.g. wheel washing facilities. The plan shall also provide details of future monitoring and reporting on the successfulness of the plan. The approved plan shall thereafter be implemented in full. Reason - To ensure a satisfactory standard of local environmental quality Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. Please use the form attached herewith. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country
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Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. Please use the form attached herewith. Background Papers: 6 letters of representation Date: 1st March 2024 DAVID LITTLEJOHN STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING