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Garlaff landfill Site, Skares - Barr Ltd - East Ayrshire Council

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1997, the application should be approved unless material considerations<br />

indicate otherwise. As indicated in section 6 in the report, there are material<br />

considerations relevant to this application. It is considered that the weight that<br />

should be attached to these material considerations, where relevant to policy,<br />

should be greater than that given to the policies of the Adopted Local Plans due<br />

to the age of these plans. However, these material considerations are also<br />

generally supportive of the proposed development.<br />

3.2 It is considered that the proposed development is consistent with the<br />

policy provisions of the EALP and in particular the waste management policies<br />

contained therein. The proposed continuation of the present levels of waste<br />

disposal from the current waste streams meets the proximity principle promoted<br />

by policy. However, it is recognised that in order to ensure continued compliance<br />

with this policy, it will be necessary to impose control over the geographical<br />

sources of waste.<br />

3.3 The applicant has indicated that operations will continue at the present<br />

level and accordingly the assessment of impacts has been carried out on that<br />

basis. Any significant increase in the volume of waste to be directed to the site<br />

on an annual basis could result in additional impacts. Consequently it is<br />

considered that the importation of waste should be restricted by condition to the<br />

current level.<br />

3.4 Apart from an objection raised by the Scottish Wildlife Trust, there are no<br />

significant consultee objections or concerns with respect to the proposed<br />

development. Although the Scottish Wildlife Trust has objected to the proposed<br />

development, the objection is not based on any impact on flora or fauna, and it is<br />

significant that neither Scottish Natural Heritage nor the Royal Society for the<br />

Protection of Birds objects to the proposed development subject to appropriate<br />

restoration that would provide net environmental gains.<br />

3.5 The proposed development has not attracted any significant level of<br />

objection from local communities or from residents living within the locality of the<br />

development. The main concerns relate to the emission of odours, <strong>landfill</strong> gas<br />

and litter. It is considered that through the implementation of the mitigation<br />

measures promoted in the EIS and with the additional operational controls that<br />

will be imposed and monitored by SEPA, the proposed development can be<br />

undertaken in an environmentally acceptable manner.<br />

3.6 In respect of all relevant matters and material considerations to be taken<br />

into account, it is considered that the application should be approved. Should<br />

the Committee agree with this view and be disposed to grant planning<br />

permission, any consent should be withheld until the appropriate Section 75<br />

Agreement under the Town and Country Planning (Scotland) Act 1997, covering<br />

the following matters, has been duly concluded:<br />

3.7 Section 75 Agreement

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