Council admit risk from hazardous waste in Wyndford demolition study

There is concern that the issues were not considered big enough by the council to warrant an Environmental Impact Assessment (EIA) which campaigners believe would have opened the project up to the scrutiny of councillors through the normal planning process.

Campaigners say that any further moves to go forward with the project will result in court action and they have called on the Scottish Government to intervene.

It has led to new calls for Scotland's biggest publicly funded housing association Wheatley Group to abandon the £73m plans which involve flattening the 1960s towers and the 600 homes.

Wheatley Homes Glasgow says the concerns over the demolition are "scaremongering".

Last week campaigners won a judicial review case after taking concerns to court over a failure to carry out an Environmental Impact Assessment (EIA) by Glasgow City Council or the Scottish Government.

READ MORE: Court action over moves on Wheatley Wyndford flats demolition

They argued that there was a failure to act lawfully over a decision to not have an environmental impact assessment over the demolition.

Judge Lord Lake ruled following a concession from the council, that "adequate reasons" were "not provided" in terms of the law surrounding use of impact assessments in its decision-making. He also said that the council were liable for the campaigners' costs in the action which have been estimated at around £10,000.

The council is now expected to make a fresh decision on whether an EIA is required through a fresh screening analysis but campaigners believe it will reach the same conclusion.

That is because the council say they do not accept that its original decision over the impact assessment was irrational or not within the powers of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017.

The council's original screening analysis at the centre of the controversy that has been seen by the Herald found that the  development would produce hazardous or toxic waste  during construction or operation or decommissioning. This came from asbestos and construction or demolition waste

There  was a risk of accidents during construction or operation of the development which could have an effect on people or the environment.

This related to "explosions, spillages and fires through the storage, handling and use or production of hazardous or toxic substances".

It found that the development would release pollutants or hazardous, toxic or noxious substances. They related to combustion of fossil fuels, construction activities and dust or odours from handling of materials including construction paraphernalia, sewage and waste.

The checkbox analysis found that many people would be affected and that there was the potential for a "significant environmental impact". The council said this was able to be addressed through its prior approval process.

There was an acceptance that there would be a risk to human health either during the construction or operation of the development . That involved air pollution from operational vehicle traffic and noise issues during the demolition period.

It said there was a probability of the impact occurring but a low probability of "potentially highly significant effect".

It said that the effects will be permanent and continuous and that it would not be irreversible.

It also said it would potentially be difficult to avoid, reduce, repair or compensate for the effects. But the council also indicated that it was able to be addressed through its prior approval process.

It also said the council considered that appropriate mitigation measures can be satisfactorily delivered and maintained regardless of whether or not the development was subject of an EIA.

The Wyndford blocks have been earmarked for demolition by the Wheatley Group which wants to replace the existing 600 social housing units – only around 10 percent of which are still occupied – with 300 new homes.

The housing association say the project will replace the "dated and unpopular blocks" with affordable family homes, 255 of which will be for social rent.

The council says that under the Town and Country Planning Regulations (Environmental Impact) (Scotland) an Environmental Impact Assessment is unlikely to be required for the development of land unless the new development is on a significantly greater scale than the previous land use, or the types of impacts are of a markedly different nature, or there is a high level of contamination.

It said: "In this particular case, the land use is not of a greater scale, as the proposal is for the demolition of the residential multi-storey blocks. The impact of the development is likely to affect the local area only, with the impact able to be addressed through the prior approval process."

The council told Wheatley that it considered that it the project was "unlikely to have significant effects on the environment" and so an EIA was not required.

But Nick Durie, of the Wyndford Residents Union, said the "shocking" screening opinion confirmed the effects of the project would be "catastrophic" and that council officers should not prevent the project to come under the scrutiny of councillors through the planning process.

He also said the Scottish Government should intervene.

"The council know this is immoral. It admits that it will be catastrophic. The council has to be taken to account otherwise they will get away with murder and the Scottish Government should intervene. If they were at all interested in governance they would have intervened ages ago."

He said there would be further court action if the council carried out another screening opinion that blocked the prospect of an EIA again.

Scottish ministers can call in any planning application at any time as a safeguard against inappropriate development being permitted, adding a further layer of scrutiny.

They usually intervene where a matter of genuine national interest may be at stake.

The residents union and the Scottish Tenants Organisation (STO) believe the flats can be safely retained and retrofitted. But Wheatley say that it is too difficult and expensive.

Wyndford estate was designed by Ernest Buteux, chief technical officer for the Scottish Special Housing Association (SSHA) from 1959-78. He was thought to be influenced by the designs of Le Corbusier – the father of modern architecture. It was built on a 55 acre site at the old Maryhill barracks, was estimated to cost £4m.

The anti-demolition campaign is backed by leading Scottish architects Alan Dunlop, Kate Macintosh and Malcolm Fraser.

They welcomed the court decision which forced the council review and say there is a clear need for an EIA.

Ms McIntosh said: "The courageous stand taken by the local residents, in this David and Goliath struggle, needs and deserves the backing of the Scottish government, which has committed itself to a policy of reducing emissions in conformity with the COP 26 declaration."

Mr Fraser, director of Fraser/Livingston Architects added that it was a "testament to the dogged professionalism of the residents union in reminding these authorities that there are legal and environmental checks on them bludgeoning their way to degeneration.

"I remain concerned at the extraordinary power I see the Wheatley Housing Group wielding."

And Mr Dunlop said it was a victory in a campaign against the "needless demolition of the Wyndford flats and the destruction of their homes".

A Wheatley Homes Glasgow spokesperson said: “Yet again, a small group of activists continue to scaremonger around matters that are completely standard when it comes to demolitions.

“There are currently demolition programmes taking place across Scotland, for example in New Gorbals, Lanarkshire and Ayrshire – all of which follow the same, standard procedures. There is nothing new and nothing different here.

“As we have said before, anyone who knows anything about planning and regeneration will be aware of these normal practices, carried out on every aspect of demolition proposals. Plans are then put in place to mitigate any potential risks identified.

“We have provided all information requested by the council.”

A Scottish Government spokesman said: “Any decision on redevelopment of Wyndford Tower Block is a matter for Wheatley Homes and Glasgow City Council, in line with relevant environmental and planning legislation.”

A council spokesman said: “As part of the general planning process, demolition doesn’t need planning permission. However, all urban development over a certain scale, including demolition, needs to be screened to see if it requires an Environmental Impact Assessment.

"In this case a screening process was carried out as usual and determined that an Environmental Impact Assessment was not required in this instance. The decision notice for this screening opinion has been withdrawn however and we have agreed to issue a fresh decision notice for this screening opinion, which will again look at whether or not an EIA is required.”