Agenda item

The Committee considered the Planning application made under Section 73 of the Town and Country Planning Act 1990 (as amended) to vary condition 1 (Approved Plans), remove condition 6 (requiring all doors to the building to remain closed), remove condition 22 (requirement for installation of roller shutter door) and to vary condition 23 (requirement to install acoustic fencing) of planning permission ref: 19/000016/CM, so as to remove the requirement to install a roller shutter door and reduce the extent of the acoustic fencing to be installed at Digaway and Clearaway Ltd, Grove House Yard, Tewkesbury Road, Upton-Upon-Severn, Worcestershire.

The report set out an update since the Committee meeting on 6 July 2021, the background of the proposal, the proposal itself, the relevant planning policy and details of the site, consultations and representations.

The report set out the Head of Planning and Transport Planning’s comments in relation to Landscape Character and Visual Impacts, Residential Amenity, Ecology and Biodiversity and Other Matters – Water Environment and Flood Risk, and Traffic and Highway Safety.

The Head of Planning and Transport Planning concluded that based upon the advice of Worcestershire Regulatory Services and the Environment Agency, the Head of Planning and Transport Planning considered that this application would have no adverse noise, dust or odour impacts on residential amenity or that of human health, subject to the imposition of the relevant extant conditions and revised conditions including compliance with the submitted Dust Management Plan and the maintenance of the installed acoustic fencing. The Head of Planning and Transport Planning considered that the proposed development accorded with Policy WCS 14 of the Worcestershire Waste Core Strategy and Policy SWDP 31 of the South Worcestershire Development Plan.

Based on the advice of the County Landscape Officer, it was considered that this

application would not have an adverse or detrimental impact upon the character and appearance of the local area, subject to the imposition of appropriate extant conditions. The Head of Planning and Transport Planning considered that the proposed development accords with Policies WCS 9 and WCS 14 of the Worcestershire Waste Core Strategy and Policy SWDP 25 of the South Worcestershire Development Plan.

Based on the advice of the County Ecologist and Worcestershire Wildlife Trust, it was considered that this application would not have an unacceptable impact upon ecology and biodiversity at the site or in the surrounding area, subject to the imposition of the relevant extant conditions and a revised condition requiring compliance with the submitted Dust Management Plan. The Head of Planning and Transport Planning considered that the proposal is in accordance with Policy WCS 9 of the Waste Core Strategy and Policy SWDP 22 of the South Worcestershire Development Plan.

Taking into account the provisions of the Development Plan and in particular Policies WCS 1, WCS 2, WCS 3, WCS 6, WCS 8, WCS 9, WCS 10, WCS 11, WCS 12, WCS 14 and WCS 15 of the Adopted Worcestershire Waste Core Strategy and Policies SWDP 1, SWDP 2, SWDP 3, SWDP 4, SWDP 8, SWDP 12, SWDP 21, SWDP 22, SWDP 25, SWDP 28, SWDP 29, SWDP 30 and SWDP 31 of the Adopted South Worcestershire Development Plan, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 In the ensuing debate, the following points were raised:

• Would there be any ongoing monitoring to ensure that noise was not an issue going forward? The representative of the Head of Planning and Transport Planning responded that the Environmental Permit issued by the EA controlled the site so if there were any issues then the EA could require certain actions to be taken by the applicant. The County Council’s Planning Enforcement and Monitoring Officer also regularly monitored the site and had attended visits to the site with representatives of Worcestershire Regulatory Services, the EA and the district council to look at noise and dust issues. None of the complaints received could be substantiated at that time
• In response a query about issues experienced on site, the Planning Enforcement and Monitoring Officer commented that he had visited the site at least 3 times a year over the last 6 years. It was a busy and compact site and no complaints had been received from residents in the adjacent live/work units. The main body of complaints came from a group of residents located approximately 400 metres from the site. Those complaints had been investigated and visits to the site with Worcestershire Regulatory Services and the EA had been conducted and no issues had been found with emissions from the site
• In response to a query about the noise attenuation fence, the representative of the Head of Planning and Transport Planning explained that the fence was in situ and condition 21 related to its installation.

RESOLVED that planning permission be granted for the carrying-out of development pursuant to planning permission reference number 19/000016/CM, without complying with condition 1 (approved plans), condition 6 (requiring all doors to the building to remain closed), condition 22 (requirement for installation of roller shutter door) and condition 23 (requirement to install acoustic fencing) of that permission, so as to remove the requirement to install a roller shutter door and to reduce the extent of the acoustic fencing to be installed, at Digaway and Clearaway Ltd, Grove House Yard, Tewkesbury Road, Upton-upon-Severn, Worcestershire, subject to the following conditions:

Approved Plans

1)      The development hereby approved shall be carried out in accordance with the details shown on the submitted drawings reference PL01; A200 A Rev A, A101 Rev A, A102, A103, except where otherwise stipulated by conditions attached to this permission;

Materials

2)      The development hereby approved shall be carried out in accordance with 'Application for Approval of Details Reserved by Condition – 14/000045/CM' and Appendix B Materials: titled: 'Travis Perkins';

Operating Hours

3)      Operations shall only take place on the site between 07:30 to 18:00 hours Mondays to Fridays, 07:30 to 13:00 hours on Saturdays and not at all on Sundays, Bank or Public Holidays. No machinery or equipment shall operate on the site outside the hours;

Construction Hours

4)      Construction works shall only be carried out on the site between the hours of 08:00 hours to 17:00 hours on Mondays to Fridays inclusive, and 08:00 hours to 13:00 hours on Saturdays, with no construction work on Sundays, Bank or Public Holidays;

       Pollution

5)      All the waste transfer operations including sorting, loading/unloading of vehicles and storage of waste shall only take place within the approved building provided for the purpose;

6)      All vehicles, plant and machinery operating within the site shall be maintained in accordance with the manufacturer's specifications at all times and this shall include the fitting and use of effective silencers;

7)      Any facilities for the storage of oils, fuels or chemicals shall be sited on impermeable bases and surrounded by impermeable walls.  The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%.  If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks and vessels plus 10%.  All filling points, associated pipework, vents, gauges and sight glasses must be located within the bund or have a secondary containment.  The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata.  Associated pipework shall be located above ground and protected from accidental damage.  All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund;

Throughput

8)      The operator shall ensure that the amount of wastes treated at the facility hereby approved does not exceed more than 5,000 tonnes per year. Records shall be kept for the inspection by the County Planning Authority on written request of the amount of throughput of materials for the durations of operations on the site;

Waste Acceptance

9)      The operator shall ensure that only non-hazardous construction and demolition wastes (described as soil, rubble, concrete, brick, timber, metal, glass, plastic and cardboard) are accepted at the site.  Any other waste shall be quarantined and removed from the site forthwith to a suitably licensed treatment or disposal facility;

Crushing, Screening and Burning

10)   No crushing or screening of waste materials shall take place on the site;

11)   No materials shall be burnt on the site;

Storage

12)   Notwithstanding the submitted details, there shall be no outside storage of materials (including wastes and processed materials) goods or equipment except empty skips.  Such skips shall only be stored in the storage area marked on drawing titled: 'Amended Site/Block Plan', received by the County Planning Authority on 5 March 2015 and shall not exceed 4 metres in height. A permanent height marker shall be provided at the skip storage area to show 4 metres from ground level;

Highways

13)   No mud, dust, dirt, or debris shall be deposited on the public highway;

14)   No waste materials shall be accepted at the site directly from members of the public, and no retail sales of wastes or processed materials to members of the public shall take place at the site;

       Drainage

15)   The development hereby approved shall be carried out in accordance with Planning Statement titled: 'Application for Approval of Details Reserved by Condition – 14/000045/CM', Appendix A: Drainage Details Drawing titled: 'Grove Farm Waste Transfer Station Surface Water Disposal', and document titled: 'Grove Farm Waste Transfer Station Extension, Surface Water Disposal', dated March 2018;

       Ecology and Biodiversity

16)   In the unlikely event that any protected species are found on the site during the works then all works must cease immediately, and the advice of a suitably qualified ecologist must be sought prior to works re-commencing;

17)   The site's northern, eastern and southern boundaries should be protected from any additional high-powered lighting. In these areas no new lighting should be installed other than may be unavoidably required for health, safety and security; in which case details of appropriate mitigation (timers/shielding or cowls) should be provided for the prior approval of the County Planning Authority;

Lighting

18)   The development hereby approved shall be carried out in accordance with the Planning Statement titled: 'Application for Approval of Details Reserved by Condition – 14/000045/CM', Appendix C Lighting, and Drawings Numbered: PL-4 and PL-05;

       Dust Management

19)   The development shall be carried out in accordance with the approved Dust Management Plan, dated 22 October 2020. The approved scheme shall be implemented for the duration of the development hereby approved;

Planning Permission

20)   A copy of this decision notice, together with all approved plans and documents required under the conditions of this permission shall be              maintained at the site office at all times throughout the period of the development and shall be made known to any person(s) given responsibility for management or control of waste activities /operations on the site; and

Acoustic Fencing

21)  The 2-metre high close boarded acoustic fencing, as shown on drawing numbered: A200 A Rev A titled: Site Plan, and document titled: JAKOUSTIC – Jacksons Fencing shall be installed and maintained for the duration of the development hereby approved.