Stephen Kenyon CPFA
Interim Executive Director of Resources and Regulation
Department for
Resources and Regulation
David Fowler
Assistant Director
(Localities)
3 Knowsley Place
Duke Street
Bury BL9 0EJ
www.bury.gov.uk
Electronic or fax service of
Legal Documents is not accepted
Our Ref DF/LG/FOI
Your Ref
Date 26 June 2015
Please ask for David Fowler
Direct Line 0161 253 5518
Ms Alyson Malach
14 Lowes Road
Bury
BL9 6PJ
Dear Ms Malach
Request for Information
I write further to your three emails received by the Council on 29th May 2015 and a further email received by the Council on 2nd June 2015 where you requested information regarding the planning application for the residential development of 24 dwellings on land off Lowes Road in Bury (ref: 58587).
Whilst your emails referred to the Freedom of Information Act, I consider that the information requested is environmental and as such, your request has been considered under the Environmental Information Regulations (EIR).
Your request for information is in the form of questions and in these circumstances, the Council is required to provide any recorded information it holds which answers a question. The Council does not have to provide information if it does not already hold it in recorded form but the Council will try to provide answers and explanations.
The Council’s response to your request is as follows;
Requests received on 29th May 2015
1. “I am writing to you under the FOI Act to request information on the decision to accept a planning application to build on a Lowes Road Landfill Site which is currently Open and other Protected Land. The site holding this status cannot be built on whilst holding this status and as this status has not been changed we the Lowes Road Landfill Residents Group want to know why a planning application has been accepted?”
The application has been validly made and whilst there are certain situations where the Council has statutory powers to decline to determine applications, none of those powers apply to this application. The site is designated as “other protected open land” under the Council’s Unitary Development Plan (UDP) and Chapter 7 of the UDP sets out the Council’s planning policies in relation to “other protected open land” against which the application will be assessed. Chapter 7 is available by following this link
http://www.bury.gov.uk/CHttpHandler.ashx?id=1488&p=0
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Ms Malach
26 June 2015
2. “How will you ensure the health and safety from the arsenic, and methane gases present on the site, and additional traffic in and around the area?”
Site investigation and risk assessment reports have been submitted by the applicant to assess the risks to future site users and off-site users from gas ingress and soil contamination. These reports are available on the Council’s website by following this link
http://e-planning.bury.gov.uk/DCWebPages/AcolNetCGI.gov?ACTION=UNWRAP&RIPNAME=Root.PgeAniteDocs&TheSystemkey=48511
An outline remediation strategy which includes the provision for a gas vent trench, building gas protection measures and clean soil within the gardens is proposed. Further investigation into soil contamination will be carried out within the residential area following the earthworks to determine the levels of contamination present.
The Environment Agency have been consulted on the application and are raising no objection but have requested that that any permission be subject to conditions that require the contaminated land issues to be addressed and the site safely developed. A copy of the consultation response from the Environment Agency dated 8 June 2015 is attached as Appendix 1. If the application is recommended by the case officer for approval, it will be on the basis that the permission is subject to conditions that require the contaminated land issues to be addressed and the site safely developed.
Also attached at Appendix 2 are copies of letters dated 3rd July 2014, 24th October 2014, 27th February 2014, 27th June 2014, 14th April 2015 and 13th May 2015 sent by the Council’s Environmental Protection Officer who has been dealing with this site.
In relation to traffic, a transport statement has been submitted by the applicant. This report is available on the Council’s website by following the same link provided above. The report sets out a series of measures that the applicant proposes to undertake in relation to traffic, namely, the funding of a traffic calming scheme, upgrading of Bridleway 37 and the resurfacing of Lowes Road (between the site and Talbot Grove). If the application is recommended for approval, these will be secured by planning conditions/obligations. The Council’s Highways department has been consulted on the application and has raised no objection but requested that conditions be imposed on any permission. A copy of their consultation response dated 3rd June 2015 is attached at Appendix 3. If the application is recommended for approval by the case officer, it will be on the basis that the permission is subject to the conditions requested by the Highways department.
3. “What guarantees can you offer the local residents regarding the methane gas issues in the landfill with regard to the safety of local residents and the school/nursery should we suffer any detriment, illness due to explosion or gasses in our homes”.
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Ms Malach
26 June 2015
Bury Council undertook an investigation in 2012/13 to assess whether gas from Lowes Road Landfill Site was migrating off site to affect the adjacent buildings and land. The report is attached at Appendix 4. The report concluded that the current ground and groundwater conditions were preventing significant lateral migration of gas which still exists in the landfill site. Any development of the site would have the potential to alter the current ground, groundwater and surface water conditions at the site which could significantly alter the gas regime.
Consequently, Bury Council requested that the applicant carry out further investigation and assessment of the risk to both new and existing houses before a decision on any proposal could be made. The investigations focussed on the site of the proposed residential development. The main landfill was found to have encroached into the former brickworks site and elevated concentrations of methane and carbon dioxide were found within the fill material.
The remediation actions have been proposed by the applicant to protect the residential development and the existing houses from gas ingress. These include the removal of all waste material from within the residential development and the installation of gas vent trench between the new houses and the landfill. The vent trench acts of a preferential pathway for gas and therefore will reduce the risk of gas migration to both the new and existing houses. Additionally, Bury Council has requested that new monitoring wells will be installed on the site to monitor changes of gas and groundwater levels throughout the development to ensure surrounding residents are not affected.
If the application is recommended by the case officer for approval, it will be on the basis that the permission is subject to the conditions that require the contaminated land issues to be addressed and the site safely developed.
4. The two end houses on Lowes Road 14/16 were built with additional steel rods to support them and safeguard them from the traffic on the corner where they are situated. If this planning application is approved can you guarantee that the two houses will not suffer any subsidence or cracks in the walls to these two homes and can you let us know what you intend to do to investigate why there was a need to reinforce these two homes against the traffic and your plans to add any necessary reinforcement should the planning application be accepted.
The Council’s Head of Building Control has checked the archives and reviewed the original Building Regulations deposited in 1967 for 14/16 Lowes Road - application reference 67/448. These show that the original foundation specification was a strip foundation approx 4’2’’deep with 6’’ thickness of concrete onto clay and sand sub soils. The Council can find no evidence that the foundations of either 14 or 16 Lowes Road have been constructed in any way to specifically safeguard against traffic movement.
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Ms Malach
26 June 2015
5. “A high percentage of our homes have rat problems and these rats appeared after the work carried out to clear and investigate the site in 2014/15 and the presence of rats are still in Chesham school, our gardens and around the school perimeter. Can you please let us know what you intend to do to tackle the problem of rats if the planning application goes ahead and the disturbance creates further vermin and health problems”.
Any vermin problems should be reported to the Council’s Pest Control Service. If a building or land is infested with rats or mice and the owner or occupier of the land is unable or unwilling to remove them, the Council can serve a legal notice to remedy the matter. This may require pest control treatments or repairs to drains to prevent pest infestation. If the notice is not complied with then the work will be carried out by us and any cost recovered from the person responsible.
The Council’s records show that Chesham School are under a contract with the Council and there are no issues with rats at the school.
6. “How do you propose to safeguard the residents on Lowes Road and surrounding areas from polluted water and air pollution?”
An Air Quality report has been submitted by developer and is available to view by following the same link provided in the response to question 2 above. The report concludes that the development will have no significant impact on air quality in the long term. In the short term there could be risks associated with dust from the development. These are planned to be mitigated by appropriate environmental controls.
If the application is recommended by the case officer for approval, it will be on the basis that conditions are imposed requiring that the developer must carry out surface and groundwater testing. The current outline remedial measures includes surface water control measures which includes the degassing of water collected before it enters the sewer.
7. “It is believed that the current plan is to build homes not in keeping with those on Lowes Road and surrounding areas and the three story homes will cause privacy issues to current residents”.
Whilst this is a statement rather than a question, the proposed site layout and proposed elevation plans for the development may be viewed by following the same link provided in the response to question 2 above. The Council will take into account all material planning considerations before determining the application including overlooking, loss of privacy, layout, density and building design.
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Ms Malach
26 June 2015
8. “Should this development go ahead in the event of the company going into Liquidation, what guarantees will the council offer should there be any problems with gases, contaminated water, explosions’, sewage, subsidence, damage to houses internally or externally etc.?”
The Council does not hold any recorded information in relation to this question but can advise that planning permission runs with the land and any conditions imposed on the permission will bind future owners. Where appropriate, some conditions may be “pre-commencement” conditions which means that no development can take place until they have been complied with.
9. “Can you inform us how the sewage for these 24 home will be routed and managed and whether or not the sewage pipes can carry the additional burden of sewage, and water required and more importantly that our homes will not be affected”.
The planning department has consulted with United Utilities and their response dated 28th April 2015 is attached at Appendix 5. You will also note that the consultation response from the highway’s department requests a condition that prior to commencement of development, a foul drainage scheme and surface water drainage scheme are submitted to the Council for approval. If the application is recommended by the case officer for approval, it will be on the basis that the permission is subject to such a condition.
10. “Can the electricity station sustain the building of 24 new homes and all of their requirements?”
The Council does not hold any recorded information in relation to this question but can advise that this would be the responsibility of the developer.
11. “If the council give planning permission would the company be prepared to remove all toxic waste to the right depth and be transparent and honest about the risk factor- confirming that it is NIL and not low or of no significance?”
The developer is proposing to excavate all waste material from within the residential area (the area nearest to the existing houses). The residential area and the main landfill where waste will remain will be separated by a gas vent trench. The waste material excavated from the residential area will be placed on top of the existing landfill in the memorial forest area, which will then be capped with inert material.
If the application is recommended by the case officer for approval, it will be on the basis that the permission is subject to the conditions that require the contaminated land issues to be addressed and the site safely developed.
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Ms Malach
26 June 2015
12. “We believe that 24 houses will put pressure on the local amenities and on the traffic causing congestion and damage to the two homes which were safeguarded against a finite amount of traffic flow in the original build have you considered the need for further support for these home given the potential increase of throughtraffic to Lowes Road in your planning requirements for the contractors”.
The Council has responded to this question in the responses to questions 2 and 4.
13. “Will the developer be arranging for the memorial forest, to be adequately guarded against vandals? The wooded area, leading down to the lido on the opposite side to the site, has had many trees damaged by local vandals. To have this happen would be most upsetting for anyone planting a tree in memory of a loved one”.
It is proposed that the Memorial Forest will be managed by a charity. Details have been provided by the developer in the Planning Statement, a copy of which may be viewed by following the link provided in the response to question 2 above. If the application is approved, the proposals for the Memorial Forest will be secured through planning conditions and/or obligations.