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Item 6 - Planning application DC20 253

West Dunbartonshire Council · 16 November 2022
Back to Planning Committee — 16 November 2022 and its agenda

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WEST DUNBARTONSHIRE COUNCIL
Report by Planning, Building Standards and Environmental Health Manager
Planning Committee: 16th November 2022
_____________________________________________________________
DC20/253: Amendment to Condition 1 of planning permission
DC07/233/FUL to extend the time of the approved landfilling
operation and restoration by 15 years at Auchencarroch
Landfill Site, Auchencarroch Road, Jamestown, Alexandria by
Barr Environmental Ltd
1. REASON FOR REPORT
1.1 The application seeks to amend the terms of a condition of a planning application
originally determined by the Planning Committee. The application also relates to a
landfill operation which has an annual waste capacity of over 25,000 tonnes and
therefore the original application would, if submitted afresh, would comprise a
major development as defined by The Town and Country Planning (Hierarchy of
Developments) (Scotland) Regulations 2009. Under the terms of the approved
Scheme of Delegation, it therefore requires to be determined by the Planning
Committee.
2. RECOMMENDATION
2.1 That the Committee indicate that it is Minded to Grant planning permission for the
operation of the site until 30th June 2024 and completion of the final restoration  by
30th June 2026 and delegate authority to the Planning, Building Standards and
Environmental Health Manager to issue the decision subject to the conditions set
out in Section 9 and the satisfactory review of the extant legal agreement and
conclusion of a new or updated legal agreement or other suitable mechanism to
secure an increased restoration bond value.
3. DEVELOPMENT DETAILS
3.1 Auchencarroch Landfill Site is located to the south-east of Jamestown and lies
between the open hills of Auchencarroch and Pappert Hill. It sits in a natural
plateau and although the site itself is hidden by the rising landform in front, the
access road is visible from Auchencarroch Road. The site has few neighbouring
sensitive receptors, the closest residential property being Mid Auchencarroch
Farmhouse, the owner of which is an interested party cited on the existing legal
agreement. Other agricultural holdings, primarily used for livestock grazing,
surround the site in all directions.
3.2 The existing landfill site has been operational since 1995 and planning permission
was granted in 2004 (DC02/324) to increase the life span of the area by extending
the area of the landfill facility. Application DC07/233/FUL allowed for the further
ITEM 6a

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extension of the site to the south-east. This area is a natural valley between
Auchencarroch and Pappert Hills and comprises a mix of semi-improved upland
pasture, heathland, and blanket bog. The proposal allowed for land raising to
continue the overall height of the existing restored landform in an easterly direction.
The finished landform of the existing and proposed landfill granted form a low hill
covered with heathland vegetation. This is a lower height than Auchencarroch Hill
(210m) and Pappert Hill (257m) and maintains surface drainage profile by having
gentle slopes on the east and west approaches. In terms of site area, the area
extended the landfill workings to 27.4ha within a total area of 43.2ha. Adjacent to
the site, also operated by Barr, is a materials recycling facility (MRF) which was
granted permission in 2013. The MRF separates out recyclable material from
waste, before the waste material goes to landfill.
3.3 Since the granting of planning permission in 2008, the volume of material and rate
of landfill has reduced, and it is anticipated this will continue to reduce with further
reductions in the waste that can be sent to landfill. Accordingly, existing capacity
remains on the site with the applicant indicating that eight cells for landfilling remain
unutilised. A programme for landfilling to utilise these cells is set out by the
applicant with the final cell due for completion by November 2037. 
3.4 Planning permission is sought to amend condition 1 of planning application
DC07/233/FUL which was granted permission on the 3rd of September 2008 for
the extension to landfill site including on-site recycling facility. 
Condition 1 states that:
“The development hereby permitted shall enure for the benefit of the applicant only
with the approved landfill operations to be completed by 31 December 2022 and
the final restoration of the site by 2024 unless otherwise agreed by the Planning
Authority”.   
3.5 Permission is sought to extend the time of the approved landfilling operation and
restoration by a further fifteen years. There is no physical extension to the landfill
proposed. The reason for the proposed time extension is due to the rate of
landfilling (amount of material coming on site) over the years since 2009, being
significantly less than originally anticipated due to a number of factors. This
includes reduction of waste being sent to landfill because more is now recycled,
increasing landfill tax and the opening of the Auchencarroch Materials Recycling
Facility which has increased on-site recycling rates. In addition to this there is an
upcoming landfill ban for household waste coming into force in 2025. For the
avoidance of doubt, the total landfill volume will not change, just the time period
over which the operation will take place. 
3.6 It is proposed to operate the landfill under the same restrictions placed on them
via previous planning consents. The landfill would be for the disposal of non-
hazardous waste and the site would operate between 7.30am and 5.00pm Monday
to Saturday with any additional working hours by written agreement with the
Planning Authority. The number of deliveries of landfill material to the site would
be restricted to a maximum of 116 in any one working day (232 HGV movements
per day) in accordance with the existing permission.

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3.7 The landfill operations during the proposed extended operational period would be
a continuation of those currently undertaken at Auchencarroch. The types of
wastes landfilled include residual household waste for West Dunbartonshire,
Inverclyde and Argyll and Bute local authorities. The site also accepts wastes from
local carriers. Residual wastes are those wastes left after the kerbside collection
and recovery of materials that can be recycled. 
3.8 The restoration after landfill would continue to be progressive during the life of the
site, initially to grassland to stabilise the soil restored on the capped surface of the
landfill but ultimately to dry heath vegetation and grassland for pasture. New
planting proposals around the perimeter of the site have been identified with the
majority taking place after restoration. On conclusion of the restoration, the surface
water treatment lagoon and reedbeds would be restored to wetland habitats.
3.9 The original application was a development that required the submission of an
Environmental Impact Assessment (EIA). For the purposes of the Section 42
application and updated EIA forms part of the application submission together with
a range of supporting documentation including a Planning Statement, Transport
Assessment, Preliminary Ecological Appraisal, Habitat Management Plan, Flood
Risk Assessment and Management Plans for Dust and Odour.
3.10 Following the submission of the application it was requested by the applicant that
processing of the application was sisted for business and operational reasons. This
resulted in the application being on hold for over a year.  The applicant has now
requested that the application is progressed to a determination as originally
submitted. 
4. CONSULTATIONS
4.1 West Dunbartonshire Council Roads Service and Environmental Health, SEPA,
NatureScot, Loch Lomond and the Trossachs National Park and West of Scotland
Archaeological Society  have no objection to the proposal.
4.2 West Dunbartonshire Council Biodiversity Officer has no objections in principle
however a number of points require to be considered in determining the
appropriateness of a time extension to the operation of the site including the validity
of the Ecological Appraisal, the ongoing Habitat Management proposals and the
requirement for a Landscape and Biodiversity Management Plan.
4.3 Scottish Water have not responded at the time of writing this report.
5. REPRESENTATIONS
5.1 Objections from three individuals were received in connection with the application.
The detail of each submitted representation is available in the electronic planning
file for the application and available for public viewing. The concerns raised can,
however, be summarised as follows:
Purpose of Site
• There is no requirement for the site given recycling requirements.

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Light Pollution
• There are issues from excessive illumination.
• None of the photos submitted are taken at night and this does not show the
large amount of lighting that is on all night.
• The lighting in a rural location is very intrusive.
• Lighting should be directed downwards so it only illuminates below and not all
round.
Odour
• There have been odour problems for the past 25 years so severe at times you
become nauseous.
• The odour problems are directly affecting a local business over recent years.
Noise
• Loud noises are coming from the newly extended site.
Vehicle movement
• There has not been adequate assessment of traffic levels along
Auchencarroch Road.
• Buses, waste vehicles, commercial vehicles and vehicles from the  sawmill use
this road.
• Vehicle speed is not regulated.
• Measures should be put in place to control speed.
Environmental Impact
• An assessment of the carbon footprint and environmental impact of the
haulage commercial vehicles and plant that are used in the delivery of this site
should be undertaken.
• There should be an environmental assessment of the vehicle and plant
operations including vehicle travel time, plant operations on site and the
associated commercial vehicles needed to operate the site.
5.2 The points and concerns raised will be considered in Section 7 below.
6. ASSESSMENT AGAINST THE DEVELOPMENT PLAN
Clydeplan Strategic Development Plan 2017
6.1 The 2017 Clydeplan Strategic Development Plan (Clydeplan) sets out a strategic
vision to be implemented through a spatial development strategy and advises on
planning for zero waste inclusive of the role landfill plays in dealing with waste.
Policy 11 advises on development proposals for waste management facilities.
Clydeplan recognises that even with high recycling targets, there will be wastes
from which no further value can be recovered and which will require to be put to
landfill. Accordingly, a requirement for a ten-year rolling capacity for landfill has
been set by the Scottish Government. However, it is recognised that this will
reduce over time in order to achieve the long-term zero waste plan (ZWP) target
of a maximum of 5% to landfill by 2025. The ten year rolling landfill capacity
requirement for the Clydeplan area is 10.1 million tonnes. Currently there is
adequate capacity within existing and approved sites within the city region to

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satisfy this requirement. The ten-year rolling landfill capacity requirements is to be
updated annually by SEPA and this will be kept under review by Clydeplan
6.2 The proposal does not seek to extend the capacity of the site, but rather extend
the operation time period to utilise existing capacity due to a lower rate of landfilling
than anticipated. This presents no conflict with Clydeplan and accordingly is
subject to an assessment against the Local Development Plan.
West Dunbartonshire Adopted Local Plan 2010
6.3 Policy PS1 seeks to protect established public utility, social and community
facilities as identified on the Proposals Map. The existing landfill site at
Auchencarroch is identified on the Proposals Map under this policy and forms a
public utility, the operation of which the Council seeks to protect. Policy PS4
advises on proposals for new or extended waste management infrastructure and
facilities including landfill sites and sets out the criteria for the assessment of such
proposals. This includes according with relevant waste strategies and plans, being
within or adjacent to an existing facility and complying with other Local Plan
policies. The proposal relates to an existing landfill site and does not seek to extend
the land take of the site, nor its capacity. It does seek to extend the time period for
the operation of the site to utilise existing consented, but unused capacity. 
6.4 Policy E1 seeks to ensure  the conservation of biodiversity and Policy E3A seeks
to ensure that development proposals do not have an adverse effect on the
integrity or character of Local Nature Conservation Sites. Policy E9 requires that
development proposals will have regard to the landscape character and
distinctiveness of the Plan area and of adjoining areas. Proposals which are
detrimental to the landscape will not generally be supported. Policy BE5 seeks to
ensure that cultural heritage resources such as archaeological sites are not
adversely affected. Policies F1 and F2 aim to ensure that new development is not
at risk from, and does not increase the risk of flooding, and has suitable SuDS
drainage infrastructure.
6.5 Policy GD1 seeks to ensure that all new development respects the character and
amenity of the area and sets out a range of criteria for the assessment of all
development proposals. 
6.6 The overall principle of the proposal to extend the time period for the operation of
the site is considered to comply with the policies of the adopted Local Plan.
However, it is assessed fully in Section 7 below, it is considered that a short term
extension to the time period is appropriate. 
7. ASSESSMENT AGAINST MATERIAL CONSIDERATIONS
7.1 The application is made under section 42 of the Planning Act 1997 which is an
application for planning permission for the development of the land but without
compliance with a condition or conditions on the original permission. In this case,
the applicant seeks not to comply with the terms of condition 1 of planning
permission DC07/233/FUL which requires landfill operations to cease by 31st
December 2022 and restoration operations to be completed by 2024. The effect of
a Section 42 application, if successful, is to grant planning permission again for the
whole development but with the amended conditions replacing those that were

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issued previously. The original application, as approved, has commenced and
therefore if granted it must be ensured that any conditions attached to the new
permission are relevant to the continued operation of the site.  Planning
Authorities, if minded, may attach new or updated conditions if permission is
granted.
National Policy
7.2 National Planning Framework (NPF) 3 requires all Scotland’s resources, including
waste, to be managed sustainably. NPF3 states that a decentralised network of
processing facilities will be needed for a circular economy where waste is
recognised as a resource opportunity and Planning Authorities are therefore
expected to work with the market to identify viable waste solutions with
sustainability central to all waste management.
7.3 Scottish Planning Policy (SPP) introduces a presumption in favour of sustainable
development. SPP also sets out that Scotland has a zero waste policy which
includes minimising landfill use to 5% of all waste output by 2025. SPP also
promotes the delivery of waste infrastructure at appropriate locations and waste
management should be prioritised through the Scottish Government’s waste
hierarchy. The hierarchy identified in Paragraph 176 is waste prevention, reuse,
recycling, energy recovery and waste disposal. Paragraph 182 goes on to advise
that that the planning system should support the provision of a network of
infrastructure to allow Scotland’s waste and secondary resources to be managed
in one of the nearest appropriate installations, by means of the most appropriate
methods and technologies, in order to protect the environment and public health. 
7.4 The proposal does not seek to extend the capacity of the site  but rather to extend
the operation time period to utilise existing capacity due to a lower rate of landfilling
than anticipated. The site currently has existing infrastructure in place that is
suitable for its continued use, is sited in an appropriate location and will continue
to provide a waste disposal facility which does not conflict with the aims of National
Policy. 
Zero Waste Plan Scotland (2010)
7.5 Scotland’s Zero Waste Plan sets out a vision that seeks to ensure that resource
use is minimised, valuable resources are not disposed of in landfills, and most
waste is sorted into separate streams for reprocessing, leaving only limited
amounts of waste to go to residual waste treatment. Adjacent to the landfill site is
a material recycling facility granted planning permission in 2013 and this separates
recyclables from waste before it goes to landfill. Accordingly, it is considered that
the operation on site does not conflict with Zero Waste Scotland policy as it
currently provides the opportunity to sort waste, to reuse it and recycle and to
reduce the amount that is deposited in landfill.
West Dunbartonshire Local Development Plan (LDP2) Proposed Plan
7.6 The modified Plan and associated documents was approved by the Council on 19
August 2020. The Council has advised the Scottish Ministers of its intention to
adopt the Plan. On 18 December 2020, the Scottish Ministers issued a Direction
in relation to the housing land chapter of the Plan. None of the policies considered
in the determination of this application are affected by that Direction. Therefore,
Local Development Plan 2 is the Council’s most up to date policy position and is

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afforded significant weight in the assessment and determination of planning
applications. 
7.7 The site is identified as an existing waste management facility and by Policy ZW1
and associated Table 10. Policy ZW1 requires that all such development meets
with the aims of the Zero Waste Plan and follow the development principles of the
Waste Hierarchy. The criteria for the assessment of new waste management
facilities is set out in the Policy, however it remains that this is not a new facility,
but rather a time extension to the operation of the existing facility to utilise
consented but unused capacity. Policy MIN2 requires appropriate financial
guarantees in respect of restoration. Whilst the policy relates to minerals extraction
rather than landfill sites, the general principles of the Policy are considered
relevant. 
7.8 Policy ENV1 addresses nature conservation and requires developments to
conserve biodiversity and habitat networks both within and adjacent to sites of
special designation together with non-designated habitats and protected species.
Policy ENV2 requires development to be sited and designed so as to relate to the
existing landscape character and ensure the integrity of landscape character is
maintained. Policy BE1, ENV4 ENV5 and ENV6 are similar to the cultural heritage,
water environment and flooding policies of the adopted Local Plan. Policy CP1
requires all new development to contribute towards creating successful places.
7.9 The overall principle of the proposal to extend the time period for the operation of
the site is considered to comply with the policies of proposed Local Development
Plan 2. 
Principle of Development
7.10 The site is currently an existing landfill site operating in accordance with planning
permission DC07/233/FUL. In terms of the current operation, the site allows the
controlled disposal by landfill of a variety of waste including from both household
and commercial sources. The site is identified within the adopted Local Plan and
proposed Local Development Plan 2 as a waste management site. In assessing
this application which has been submitted under Section 42 of the Town and
Country Planning (Scotland) Act 1997 (as amended), it is noted that Section 42 of
the Act states the Planning Authority shall consider only the question of the
conditions subject to which planning permission should be granted. This
application therefore does not revisit the principle of development on the site but
only considers the appropriateness of the conditions attached to the previous
consent. In assessing this it remains that there is, however, a requirement to
consider certain aspects of the development. In this case, the applicant seeks not
to comply with the terms of condition 1 of planning permission DC07/233/FUL
which requires landfill operations to cease by 31st December 2022 and restoration
operations to be completed by 2024. 
7.11 The submitted application seeks a 15 year extension to both the operation and site
restoration previously approved and the appropriateness of both an extension to
the operation and the suggested timescale require assessment. Following a full
and detailed assessment as set out below, it is concluded that a short term 
extension would balance the requirement to comprehensively update the position   
relating to ecology and habitat management together with allowing the review and

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update of the restoration proposals to be brought forward as part of a further full
application which would include the extension to the time for the operation of the
site for a longer period. It is concluded that an additional period of 18 months from
1st January 2023 is appropriate in this respect.
Landscape and Visual Impact
7.12 Landscape character is the distinct and recognisable pattern of elements that
occurs in a landscape leading to the way that it is perceived. Landscape sensitivity
is concerned with the inherent character of the landscape and the likelihood that
this character would be changed by the introduction of development. Landscape
capacity refers to the degree to which a particular landscape type or area is able
to accommodate change without significant effects on its character, or overall
change of landscape character type. A detailed Landscape and Visual Impact
Assessment (LVIA) has been undertaken and is considered as part of the
submitted EIA. The receptors of visual effects include the public at large,
comprising residents, workers, visitors and those travelling through the landscape.
This may include users of public footpaths and core paths. Representative
viewpoints form the basis for the site-based assessment of the potential effects of
the proposed development on views and visual amenity. These viewpoints were
agreed with the Council at the EIA Scoping stage
7.13 The effect of the proposal on the landscape of the area was fully considered during
the assessment of the previous planning application. It was accepted that
progressive landfill and restoration means that there will always be a cell which is
visible and will not blend in to the green backdrop of the landscape and adjacent
restored areas. The cumulative impacts on character were acknowledged to be
slightly adverse for the operation phase (i.e. during landfill operations), but would
become neutral following restoration. 
7.14 The LVIA submitted as part of the EIA for the current proposal for the extension of
time for the previously approved operation and restoration concludes that the
proposed time extension will not result in a change to the landscape character of
the locality beyond that which has already occurred as a result of the ongoing
landfilling and restoration operations. It is highlighted that as most of the restoration
to the western area is complete visibility of the ongoing operations, it will be
reduced as they will be screened from key vantage points by the restored landform.
It is further concluded that there would be no additional impacts on the Kilpatrick
Hills beyond the landfill operation previously consented for the site with the area
well contained visually. It is acknowledged that the existing landfill operation has
created a new skyline feature but with the ongoing progressive restoration, the site
blends with the surroundings. Overall it is concluded that the proposed extension
of time to the existing operations would not give rise to any additional significant
impacts on landscape character or visual amenity.  
7.15 The Loch Lomond and Trossachs National Park Planning Authority raised no
concerns regarding landscape and visual impact from the Park area. Overall, it is
considered the continued operation of the site presents no conflict with Policy E9
of the adopted Local Plan and Policy ENV2 of proposed Local Development Plan
2.

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Ecology and Biodiversity
7.16 Ecological issues are considered by the applicant as part of the submitted EIA and
are informed by a Preliminary Ecological Appraisal. Like matters relating to
landscape and visual impact, matters pertaining to ecology and biodiversity were
also fully considered in the assessment of the previous application. To mitigate
impact, a Habitat Management Plan which outlines the mitigation measures and
how they will be implemented by the applicant was agreed. It is a flexible document
controlled through planning conditions and as part of the legal agreement which
relates to the site. A variety of mitigation measures were agreed and are
implemented via this plan. The EIA considers that the proposal relates to the
continuation of existing landfill operations, the majority of ecological receptors are
likely to be absent from the site and will not be adversely impacted. Nesting birds
may be impacted but mitigation is proposed to ensure damage or disturbance to
active nests is avoided. Overall, it is concluded that there are no significant adverse
impacts to ecological receptors resulting from the continuation of landfill operations
as proposed by the time extension. 
7.17 The Council’s Biodiversity Officer has highlighted that the Preliminary Ecological
Appraisal is considered to be out of date given the time that has elapsed since it
was prepared. The Extended Phase 1 Habitat Survey was undertaken in
September 2018 for example. The Council’s Biodiversity Officer advises that there
are a number of protected habitats and designations in and around the site that
the ecologist has stated are adversely impacted upon, in particular in relation to
the watercourses. Notably, it is recommended that a Landscape and Biodiversity
Management Plan is created. The Biodiversity Officer further advises that the
previous Habitat Management Plan dates from 2008 and ideally, this should be
updated to take account of the current circumstance and to capture the ongoing
habitat loss and/or degradation and offer mitigation. This would be a means of
consolidating all the mitigation into one document. In considering the time
extension alone, the Biodiversity Officer is of the view that the current degradation
of adjacent habitat will now continue for a much longer period than was expected. 
7.18 Given the issues identified by the Council’s Biodiversity Officer in respect of the
validity of the Ecological Appraisal which was carried out some four years ago now,
the need for an updated Habitat Management Plan and full consideration of the
current circumstances in relation to the site, concerns arise from a possible further
15 years of landfill operations on the site. Notably, the current Habitat Management
Plan would be circa 30 years old at the conclusion of the extended period. Whilst
a short term extension could be considered acceptable with reference to Policy E1
and E3A of the adopted Local Plan and Policy ENV1 of proposed Local
Development Plan 2 to allow ongoing operations on the site, the 15 year time
extension as proposed raises concerns. Such a short term time extension of 18
months  to allow the continued operation of the site whilst giving the opportunity
for the applicant to undertake a review of matters relating to ecology, biodiversity
and habitat management proposals and bring forward a revised proposal for
consideration via a further full planning application which considers a longer term
time extension for the site is considered to offer an appropriate balance.
Impact on Water Resources and Flood Risk
7.19 The submitted EIA provides an assessment of the potential impact on the water
environment resulting from the time extension to the operations. In terms of the

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existing planning permission, to prevent groundwater pollution the site
incorporates a lining system, surface water management and leachate
management systems. An internal network of surface water drains and pumps
collected surface water runoff within the operational area and convey it to
settlement lagoons and leachate treatment facilities including reedbeds. The EIA
identified that the increased time to undertake landfilling activities will result in
landfill cells being open for an increased time and accordingly the period within
which leachate is generated, treated and discharged will increase. Increased
timescales will also result in increased volume of leachate. Additional
contamination risks to watercourses may also result. It is noted that an
Environmental Management Plan relating to leachate, surface water and
groundwater for the current operations will be updated to include the time
extension to the operational period. The EIA concludes that with appropriate
mitigation in place to prevent such occurrences, effects would be minor with no
significant impacts on the water environment. It is also concluded there will be no
significant residual effects. 
7.20 Surface water runoff within the operational landfill area is managed in accordance
with a permit under the Pollution Prevention and Control (Scotland) Regulations
2012 which is controlled by SEPA and offers no objections. There is no conflict
with Policy ENV5 of proposed Local Development Plan 2.
7.21 Whilst scoped out of the EIA as a specific topic, the Council’s Scoping Response
advised that a Flood Risk Assessment (FRA) be provided as an appendix to the
EIA. The submitted FRA identifies that the site is located at a higher elevation than
the closest watercourse and is at very low risk of fluvial flooding. The risk of surface
water and ground water flooding is low and the risk of flooding from sewers and
artificial sources is considered to be very low. The FRA acknowledges the existing
drainage regime for the site remain and with this, the risk of flooding to surrounding
areas will not increase. Therefore from a flooding and drainage perspective, no
issues arise from the time extension to the existing operation. SEPA also offers no
objection on flood risk grounds. There is thus no conflict with Policies F1 and F2
of the adopted Local Plan and Policy ENV6 of proposed Local Development Plan
2.
Air Quality
7.22 The potential implications on air quality, dust and odour impacts resulting from the
time extension for the operation of the landfill site have been assessed as part of
the EIA. As set out in the EIA, the landfill site is located approximately 2km from
the urban area and whilst there a number of rural properties found within the wider
landscape, these are a minimum of 800 metres from the landfill site itself. One
residential property is located adjacent to the site entrance, although it is around
1km from the landfill itself. 
7.23 Considering dust, it is recognised that such operations produce dust and this was
fully considered as part of the original planning application. Dusty activities are
mitigated in accordance with a dust management plan which is enforced by the
applicant at all times during day to day operations and this is controlled via the
environmental permit. A review of SEPA inspection reports in relation to this permit
has been undertaken and this indicates that there are some recorded instances of
track out and dirt issues on access routes. This review has informed a proposed

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amendment to the existing dust management plan which when included will seek
to ensure that the access route is kept clean during the extended period of
operation. Overall, it is considered that opportunities for dust generated on site to
impact on neighbouring sensitive receptors such as residential properties is low
and with continued dust management the effects are not significant. As there will
be no change in operations, there will thus be no change in fine particulate matter
emissions from the operation and following assessment it is concluded there is no
risk of air quality objectives being exceeded. 
7.24 Turning to odour, the perception and intensity of odour varies from person to
person. Landfill operations can give rise to odours through waste deposition and
gas generation. The intensity of odours is dependent on the level of generation
and rate of dispersion and odours can be most noticeable during periods of warm
weather and light winds. The majority of odour sensitive locations are located away
from the prevailing wind. Accordingly the risk of odour affecting nearby residential
properties for prolonged periods is considered to be low. The issue of odour is,
however, raised in the objections received. The EIA sets out that following review,
SEPA inspection reports indicate that some odours have been present during
inspections. However, these were only detected in locations nearest to the odorous
sources and not beyond the landfill boundary. Odour emissions have therefore
remained compliant with the permit. The applicant advises that a review of the
existing odour management plan has been undertaken and the existing odour
management plan is considered to continue to offer suitable mitigation. Overall,
the impacts resulting from the time extension of operations is not considered to be
significant. 
Litter
7.25 Litter control issues are currently managed via an existing planning condition and
in accordance with a management plan which is incorporated as an enforceable
condition in the permit under the Pollution Prevention and Control (Scotland)
Regulations 2012issued by SEPA. The site is on a gently sloping hillside which
would be exposed to winds from the south and south-west. It is concluded that with
the continued mitigation as set out in the Management Plan and will ensure that
there are no significant impacts associated with litter.  
Noise
7.26 Noise was scoped out of the EIA. Any noise implications were considered in full
during the assessment of the previous planning application inclusive of surveys
carried out as part of the EIA submitted at the time to determine the levels of
operational noise with respect to residential properties. No concerns arose and it
was concluded that regular noise monitoring was not required due to the distance
of the proposed development from the nearest residential properties.
Environmental Health raise no concerns regarding the ongoing operation of the
site. Whilst the concerns raised in the objections are noted, given the application
does not seek to change the approved operation, this position is considered to
remain valid and no concerns regarding noise to unacceptably disturb
neighbouring property arises.

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External Lighting
7.27 Concerns are raised in the objections received regarding the impact from external
lighting at the site including excessive illumination, the hours of illumination, the
illumination being intrusive within the rural area and the projection of the lighting
units. External lighting was considered as part of the previous planning application
with condition 10 requiring full details of the external lighting regime to be
submitted. This was provided by the applicant and the terms of the condition
discharged. It is accepted that the nature of the site will result in the provision of
lighting that does not replicate the sporadic lighting from rural properties within the
wider landscape and that for operational and security reasons lighting is required
on site. Notwithstanding the previous discharged of the condition relating to
external lighting, given the time that has elapsed since this, it is considered
appropriate to attach a condition to any new planning permission to extend the
time for the operation of the site to ensure that the impact of external lighting within
the rural landscape is minimised. 
Climate change
7.28 The likely significant effects of the time extension for the operation of the site in
terms of climate change together with risk mitigation in the context of the site,
surrounding area and wider environment is considered in the EIA, recognising that
climate change is a global issue. Whilst the EIA concludes that the operation of the
landfill site does produce CO2 emissions, the impact of the proposal remains the
same as the current landfill operation and there overall effect of the time extension
to the operation of the existing site is neutral. 
Traffic, transport and access
7.29 Whilst scoped out of the EIA, it remains that traffic, transport and access requires
to be considered and the applicant has submitted a Transport Statement in support
of the proposal. The access to the site via Auchencarroch Road is long
established. Auchencarroch road is single carriageway and from the access to the
landfill westwards for around 1350 metres it is around 4 metres wide with passing
places. Auchencarroch Road accesses to the A813. Auchencarroch Road also
forms part of the Core Path Network and National Cycle Network. In granting the
extension to the landfill site in 2008, it was envisaged that there would be a
maximum of 232 HGV movements per day (i.e. 116 arrivals and 116 departures),
and this was a condition of the planning permission. Increased rates of recycling
has reduced the level of waste going to landfill and this has reduced vehicle
movements to a maximum of circa 95 HGV movements per day. With 16 staff
employed on site, there is the potential for a further daily 32 staff vehicle
movements. It is expected that the number of vehicle movements to and from the
landfill during the additional years of operation is no higher than current, hence
users of the transport network would not experience any difference from the
current operation. 
7.30 Concerns are raised in the objections regarding traffic levels on Auchencarroch
Road together with vehicle speeds. The assessment of the application is informed
by a consultation response from the Council’s Roads Service whilst noted that the
site has operated satisfactorily from a roads perspective and accordingly there is
no objection to the continued operation. It is accepted that the extended operation
of the site will, however, to impact on local road users including walkers and
cyclists for a longer period of time. Whilst there would be a concern if the number

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of vehicle movement were to increase, this is not proposed here. It is therefore
accepted that notwithstanding a longer period of operation, there will be no
unacceptable impact on local road users beyond the established position. Matters
relating to speed limits and speed control measures on Auchencarroch Road are
not ones to be addressed via the planning process. 
Recreation
7.31 The operation of the site does not impact on any areas specifically set out for
recreational purposes. Although there are a number of footpaths and a cycle route
within the wider area there are no such paths located adjacent to the landfill. The
proposal to extend the operational period will not have any adverse impact on
existing access and recreational use of the local area.
Built and Cultural Heritage
7.32 Built and cultural heritage was scoped out of the EIA. There are no designated
heritage assets located either within or adjacent to the site. Turning to archaeology,
two features of archaeological interest where identified within the site on the site
and are recorded as being dams associated with the textile/printing industry in the
Leven Valley. At the time West of Scotland Archaeology Service (WOSAS)
recommended a condition requiring the implementation of a programme of
archaeological works to ensure their recording and recovery.  WOSAS were also
consulted in respect of the current application and they advise the time extension
itself would not raise any particular archaeological issue although the requirement
of the existing planning permission for a programme of archaeological works was
highlighted. It is noted that archaeological investigations were submitted following
the granting of the previous planning permission. Overall no additional built or
cultural heritage issues arise from the time extension proposal and there are no
conflicts with Policy BE5 of the adopted Local Plan and Policy BE1 of proposed
Local Development Plan 2.
Restoration
7.33 A restoration scheme was agreed as part of the existing planning permission. This
is based on an approach of progressive capping of the completed landfill cells. The
final restoration includes planting of woodland and linear strips of hedgerow, typical
heathland grass species will be seeded, peat will be stripped and translocated to
the restored profiles forming an acid heathland habitat. The reedbeds and surface
water lagoons will be managed to form wetland areas with diverse planting of
species and a small area will become agricultural grassland forming a permanent
pasture for sheep grazing.  
7.34 It is noted in the EIA that a review of the previously approved restoration plan has
been undertaken with just one minor update relating to a number of small
waterbodies across the site as a means of enhancing habitat creation / biodiversity.
Notwithstanding the applicant’s position within the application submission,
extending the operation and restoration of the site for a further 15 years raises the
concern that by the time the final restoration is being completed, this will be based
on a restoration scheme first considered 30 years previously. It is considered that
any time extension to the operation and restoration of the site for a further 15 years
be accompanied by a comprehensive review of both the continued
appropriateness of the current restoration proposals together with the potential
deliverability given the likely implications for the operation of the business with the

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reduction of waste going to landfill resulting from continued increases in recycling
together with restrictions on the use of landfill being introduced from 2025. The
applicant have themselves advised that in further considering the operation of the
site in the time since the submission of this application which is inclusive of a period
where the application was on hold at the applicants request, the wider commercial
context for landfill sites in Scotland has changed dramatically over the last few
years. With the introduction of the forthcoming landfill ban the revenues of all
landfill sites will fall significantly,  in line with the reduction of waste being landfilled.
At the time the current restoration plan was prepared the income of the site was
significantly higher, and a review of the restoration scheme to ensure long term
deliverability on site is now required in this context. 
7.35 As set out above, this application has been submitted under Section 42 of the Act.
In the context of the submitted application, all that can be considered is the
appropriateness of a time extension relating to the landfilling operation and
restoration as approved by planning permission DC07/233/FUL. It is beyond the
scope of the assessment of this application to consider amendments to the
approved landfilling operation or indeed the approved restoration. Whilst the
applicant seeks a 15 year time extension for the site it is not, however, beyond the
scope of this application to conclude that an alternative time extension period,
either shorter or longer, will be appropriate. In this case, it is acknowledged that
the current planning permission for the operation of the site expires at the end of
this year and that the site not only provides employment but provides an important
waste disposal operation. However, this must be balanced with all relevant
considerations and giving the above matters relating to the appropriateness and
deliverability of the restoration scheme a 15 year time extension for the approved
operation and restoration is not considered appropriate. Notwithstanding this, a
short term extension of 18 months to allow the continued operation of the site
would give the opportunity for the applicant to undertake a review of the restoration
proposals and bring forward a revised proposal for consideration via a further
planning application. Following detailed discussions, the applicant has confirmed
that they accept such an approach, and they would bring forward a further full
application on this basis. 
Restoration Bond 
7.36 A restoration bond is required to be set in place to ensure that there will be
sufficient funds to cover the detailed level of restoration required. The Council
holds a bond of a value of £120,000 during active landfilling operations with
reduced amounts held for a 30 year period following the cessation of the landfilling
operations and this was secured at the time of previously granting planning
permission. However it is acknowledged that this bond requires to be increased.
The applicant is agreeable to providing an increased bond to a value of circa 
£1 million and this can be secured by way of an updated legal agreement prior to
the issue of any planning permission. Such an approach follows the aims of Policy
MIN2 of proposed Local Development Plan 2.
The Landfill (Scotland) Regulations 2003
7.37 Regulation 5 of the Landfill (Scotland) Regulations 2003 requires that the Planning
Authority consider certain matters when deciding on the suitability of a landfill site.
These include matters such as the distances from the boundary of the site to
residential and recreational areas, the waterways, water bodies and other

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agricultural or urban sites and the protection of the natural or cultural heritage in
the area. It is considered that all the requirements under these regulations have
already been met both through the assessment of the original planning application
and through the submission of the EIA in support of this planning application. The
proposal is not considered to raise any adverse issues.
EIA Conclusions
7.38 The EIA considers various iterations  taking into account new landfill rates and the
upcoming restrictions of landfill waste. A proposed 15 year extension to time is
considered in the EIA as the preferred option although this does not preclude the
planning application assessment concluding an alternative time period for the
extension is appropriate. Given the proposal relates to an existing site, it is
concluded that alternative sites for landfill do not require to be considered. 
7.39 The EIA concludes that any impacts from the time extension of the landfill
operation will continue to be offset by way of the comprehensive mitigation
measures on the site as identified in specific sections of the EIA, supporting
documentation and by the approach of progressive restoration and revegetation.
Management plans are, and will continue to be in place including as a requirement
of the PPC permit. The EIA has concluded that with the continued mitigation the
proposal to extend the operation of the site will not lead to any unacceptable
impact. 
Public Engagement
7.40 As the planning application was submitted under Section 42 of the Town and
Country Planning (Scotland) Act 1997 (as amended), there are no public
engagement requirements that the applicant must follow prior to the submission of
the planning application. Notwithstanding this, the applicant advises that prior to
the submission of the application an information leaflet was distributed to
neighbouring properties and this included details relating to the operations at
Auchencarroch and the forthcoming application. This included the contact details
of the applicant and their agent should there be any questions. 
8. CONCLUSION
8.1 This proposal involves an extension to the time for the operation of an existing
landfill site which is facilitated by the lower than expected landfill rates due to
increased recycling and a reduction in waste being sent to landfill. This application
considers only the extension to the time for the operation of the site with no
changes proposed to the operations themselves or the restoration scheme. It
remains that the landfill operations are progressive and as each cell is filled
restoration works begin. The completed site would result in a low hill with heathland
habitat and some sporadic woodland, reflecting the landforms adjacent but at a
lesser height than Auchencarroch Hill and Pappert Hill. The finished levels would
continue those of the existing restored cells. No additional land will be developed
by the proposal beyond the currently consented position. 
8.2 The site comprises an important existing waste management facility which is
fundamental to the city regions ongoing waste management requirements and the
continued operation of the existing site to utilise consented capacity over a longer
period of time and does not conflict with the vision of Clydeplan. Both the adopted

Page 16

West Dunbartonshire Local Plan and proposed West Dunbartonshire Local
Development Plan 2 identify the site as a waste management facility with Policy
PS1 of the adopted Local Plan identifying the site as an established public utility
which the policy seeks to protect. Policy ZW1 identifying the site as suitable for the
management of waste. The site currently has existing infrastructure in place that
is suitable for its continued use, is sited in an appropriate location and will continue
to provide a waste disposal facility and it is not considered there is any conflict with
the aims of National Policy. 
8.3 In assessing the submitted EIA, all supporting documentation and taking account
of all material planning considerations, it is concluded that an extension of the time
for the operation of the landfill site is considered acceptable with reference to
landscape and visual impact, water resources and flood risk, air quality, litter,
climate change, traffic, transport and access, and recreation. Concerns arise,
however, in respect of matters relating to ecology and the restoration proposals 
8.4 The Ecological Appraisal was carried out some four years ago and it is noted that
there was also a period where the submitted application was on hold at the request
of the applicant. The need for an updated Habitat Management Plan and full
consideration of the current circumstances in relation to the site are accepted and
require to be addressed.  Concerns therefore arise from a possible further 15 years
of landfill operations on the site and the current habitat management plan would
be circa 30 years old at the conclusion of the extended period. A short term
extension would balance the requirement to comprehensively update the position
relating to ecology and habitat management whilst balancing the continued
operation of the facilities the site provides. The continued appropriateness and
deliverability of the restoration scheme also raised concerns and it is not
considered a 15 year time extension is appropriate. Notwithstanding this, a short
term extension to allow the continued operation of the site would allow the
continuation of operations on site in the short term whilst allowing the opportunity
for the review and update of the restoration proposals to be brought forward as
part of a further full application which would include the extension to the time for
the operation of the site for a longer period. It is concluded that an additional period
of 18 months from 1st January 2023 is appropriate in this respect. 
8.5 It remains that the environmental impacts will continue to be safeguarded via the
terms of the existing legal agreement with a review inclusive of an increased
restoration bond value being concluded prior to the issuing of planning permission.
8.6 Finally, the Council has a contractual arrangement with the applicant for the
disposal of waste. However as the development is not contrary to the development
plan, it does not require to be notified to the Scottish Ministers under the Town &
Country Planning (Notification of Applications) Direction 2009.
9. CONDITIONS
1. The development hereby permitted shall ensure for the benefit of the applicant only
with the approved landfill operations to be completed by 30th June 2024 and the
final restoration of the site by 30th June 2026 unless otherwise agreed in writing by
the Planning Authority.

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2. At all times during the lifetime of this permission, the landfill operations on site, the
operational conduct of the site and the restoration of the site shall be undertaken
as indicated in the Environmental Impact Assessment dated November 2020
together with all supporting documentation, plans and details that forms part of this
application. For the avoidance of doubt, the landfill operations shall be undertaken
and completed progressively as approved.
3. Except in the case of emergency the hours of working of the site shall be restricted
to between the hours of 7.30am to 5.00pm Monday to Saturday only and not on a
Sunday or on a recognised Public Holiday in West Dunbartonshire without the prior
written approval of the Planning Authority with the exception of essential site
maintenance and the maintenance of plant and machinery. Access to and exit from
the site shall be by way of Auchencarroch Road.
4. The number of deliveries of landfill material to the site shall not exceed 116 in any
one working day.
5. The site operator shall be responsible for the maintenance of a vehicle register log
book of all deliveries to the site which shall be available for inspection by the
Planning Authority upon request at any time.
6. The applicant shall be responsible for the collection and disposal of any windblown
material emanating from the area of infill or deposited from vehicles on or around
Auchencarroch Hill and Auchencarroch Road.
7. No burning of materials in connection with the infilling operations shall take place
on or adjoining the site.
8. That within 8 weeks of the date of this permission, the applicant shall undertake a
review of external lighting of the site and shall submit full details setting out how
the impact of external lighting on the site shall be minimised in the landscape. For
the avoidance of doubt this shall include full details of all existing and lighting at
the site, details of the hours of illumination, location, height, angles, power rating,
projection and any hoods or baffles to direct light. Any amendments of
recommendations in relation to external lighting shall be fully implemented within
8 weeks of the date the details are agreed in writing by the Planning Authority.
9. The annual monitoring on the progress of the mitigation areas shall be carried out
as required by the Habitat Management Plan and by the applicant or by any person
engaged by them. An annual report will be made available to the Technical
Working Group at least 3 weeks prior to the formal review meeting of that Group
and the annual monitoring report shall be approved by the Planning Authority.
10. The approved Habitat Management Plan dated July 2008 shall continue to be fully
implemented in connection with the operation of the site.
11. All advance works, including habitat translocation to receptor areas for landfill
restoration shall take place outside the bird nesting season (March to July
inclusive) unless a checking survey confirms the absence of nests. The checking
survey shall be carried out at a time and approved in advance by the Planning
Authority.

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12. All diversions of watercourses shall follow the details approved in respect of
condition 18 of planning permission DC07/233/FUL.
13. The access track which runs partly through the active landfill and links up with the
track leading to Paper Muir and the western edge of the commercial forestry
plantation shall not be used for the export of timber without the prior written
approval of the Planning Authority.
14. On completion of the landfill operations, except in so far as may be required for
leachate and gas monitoring, the site shall be cleared of all buildings, plant and
machinery with details of the phasing of this to be submitted for the approval of the
Planning Authority prior to the cessation of landfill operations on site.
15. Appropriate measures to prevent mud, dirt, dust, slurry or stones being carried
onto the highway shall be taken and such steps shall include the provision and the
use of hard standing areas and a wheel wash facility for the cleaning of all lorries,
dump trucks, other heavy vehicles and plant leaving the site.
16. The access road and public road adjacent to the site shall be kept clear of mud or
other deposited materials at all times by means of mechanical brushing.
17. All road vehicle transporting waste to site shall be suitably covered/happed to
ensure there is no escape of materials. Where appropriate, vehicles leaving the
site shall also be happed to minimise traffic noise associated with empty vehicles.
18. Soils to be imported to the site shall share similar profile characteristics as the soil
structure currently on site. Topsoil and sub-soil shall only be stripped when the
soils are sufficiently dry so that when moved, no damage will be done to the
structure of the soils. Apart from the works required to enclose the site, no
operations shall be carried out until the topsoil is fully stripped and stored in the
designated areas within the site.
19. Topsoil shall be stripped to full available depth from all areas within the site except
those areas designated in the approved plans as topsoil dumps. Following topsoil
stripping operations from any areas of land, sub-soil shall be stripped as a separate
operation to a depth, where possible, to achieve topsoil and sub-soil not less than
0.9 metre at restoration.
20. Topsoil and sub-soil shall be carefully stored in separate dumps and prevented
from mixing. Topsoil dumps shall not exceed 5 metres in height. Topsoil dumps
and sub soil dumps shall be evenly graded and tops shaped to prevent water
ponding. Sub-soil dumps shall not exceed 8 metres in height.
21. In the first available seeding season following their formation, all mounds of topsoil,
sub-soil and soil making materials shall be seeded in grass and shall be so
maintained until the soils are required for use in the restoration of the site except
as may be otherwise agreed with the Planning Authority.

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22. All water treatment areas and settlement lagoons shall be enclosed by a one metre
high stock-proof fence and shall be implemented prior to any significant soil
stripping.
23. Appropriate precautions shall be taken to prevent the discharge of oil from fuelling,
oil storage, plant maintenance and vehicle wash areas within the site.
24. Dust monitoring shall be routinely carried out by the applicant and undertaken
using appropriate equipment and recording devices. The results and records shall
be made available to the Planning Authority on a monthly basis during the
operational life of the site.
25. Noise monitoring programme shall be undertaken during the operational life of the
site using appropriate equipment and recording devices, the results of which shall
be made available to the Planning Authority on a monthly basis.
26. The total waste landfilled on site shall not exceed 225,000 tonnes (net) per year.
Pamela Clifford 
Planning, Building Standards and Environmental Health Manager 
Date: 16th November 2022  
______________________________________________________________
Person to Contact: Pamela Clifford, Planning, Building Standards and
Environmental Health Manager  
Email: Pamela.Clifford@west-dunbarton.gov.uk
Appendix: Location Plan
Background Papers: 1. Application documents and plans
2. Clydeplan Strategic Development Plan 2017
3. West Dunbartonshire Local Plan 2010
4. West Dunbartonshire LDP - Proposed Plan 2
5. National Planning Framework 3
6. Scottish Planning Policy 2014
7. Scotland’s Zero Waste Plan 2010
8. The Landfill (Scotland) Regulations 2003
9. Consultation responses
10. Representations
11. Planning permission DC07/233/FUL