Agenda item

The Committee considered a County Matter planning application for a proposed small scale waste transfer station and materials recycling facility associated with a skip hire business (Part Retrospective) at Stone Arrow Farm, Peopleton, near Pershore, Worcestershire.

 

The report set out 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 Strategic Infrastructure and Economy's comments in relation to Waste Hierarchy, Location of the Development, Landscape Character and Visual Impacts, Residential Amenity (Noise, Dust, Odour, Litter and Health Impacts, Traffic, Highway Safety and Public Right of Way, Water Environment, Ecology and Biodiversity, and Other Matters.

 

The Head of Strategic Infrastructure and Economy concluded that as the proposed development would involve the bulking up of various sources of waste in preparation for transfer and subsequent recycling by specialist operators, it would comply with the objectives of the waste hierarchy.

 

The Head of Strategic Infrastructure and Economy considered that on balance, given the proximity to the applicant's target market, the scale of the proposal, noting the National Planning Policy for Waste stated that Waste Planning Authorities should "drive waste management up the waste hierarchy, recognising the need for a mix of types and scale of facilities ", and the ease of access to the primary road network, the proposal would comply with Policy WCS 3 of the Worcestershire Waste Core Strategy relating to the Geographic Hierarchy.

 

The application site benefited from a certificate of lawful use existing for Use Class B2 (General Industrial) and planning permission for the storage of plant and machinery (construction) only and therefore, the site formed part of existing industrial land and complied with Policy WCS 6 of the Worcestershire Waste Core Strategy relating to compatible land uses. 

 

The proposal would generally be well screened from public views of the site, due to the existing established vegetation, bunding, intervening existing Stone Arrow Farm buildings and use of the existing building. Glimpsed views of the proposal would be possible along part of the Public Right of Way (Footpath PP-522), however, such views would be seen in the context of the existing established general industrial site and storage area for plant and machinery. In view of this, it was considered that the proposed development would not have an adverse or detrimental impact upon the character and appearance of the local area, subject to the imposition of appropriate conditions.

 

Based upon the advice of the Environment Agency, Worcestershire Regulatory Services and Public Health England, it was considered that the proposal would have no adverse noise, dust, odour or litter impacts upon residential amenity or that of human health, subject to the imposition of appropriate conditions.

 

The Head of Strategic Infrastructure and Economy was satisfied that the proposal would not have an unacceptable impact upon traffic or highway safety, subject to the imposition of conditions as recommended by the County Highways Officer and the installation of signage requiring all vehicles to turn right out of the site towards Evesham Road (A44).

 

The definitive route of Footpath PP-522 crossed the existing alternative site entrance. Local residents and Wychavon District Council had drawn the County Council's attention to the refusal of a previous planning application (District Ref: W/13/00100/CU). One of the grounds of refusal was that the extensive use of the access track by construction traffic could pose a risk to the safety of users of the public right of way that shared this entrance to the highway. Given the low number of vehicle movements associated with this development and that the County Footpath Officer had not objected, the Head of Strategic Infrastructure and Economy was satisfied that the proposal would not have an unacceptable impact upon the Public Right of Way.

 

Based on this advice of the Lead Local Flood Authority and Severn Trent Water Limited, it was considered that there would be no adverse effects on the water environment, subject to the imposition of a condition requiring details of the proposed underground storage tank.

 

The Head of Strategic Infrastructure and Economy considered that subject to the imposition of appropriate conditions as recommended by Worcestershire Wildlife Trust and the County Ecologist, the proposal would not have an unacceptable adverse impact on ecology and biodiversity at the site or on the surrounding area.

 

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 4, SWDP 6, SWDP 8, SWDP 12, SWDP 21, SWDP 22, SWDP 24, 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.

 

The representative of the Head of Strategic Infrastructure and Economy introduced the report and commented that on 31 August 2015, the Department for Communities and Local Government published a planning policy statement on green belt and intentional unauthorised development and made intentional unauthorised development a material consideration to be weighed in the determination of planning applications and appeals. There was no evidence before the Committee to suggest that the retrospective element of this scheme was intentional and unauthorised and in any event the weight to be given to this policy statement was limited, given that it had not been included in the revised National Planning Policy Framework (NPPF). The application should therefore be determined on its own merits.

 

He indicated that members had visited the site and observed the lean-to building where it was proposed to sort the waste and the proposed alternative access.

 

He reported that since the publication of the report, a letter had been received from a local district councillor drawing attention to the planning history of the site and, local concerns including the dumping of waste across the whole farm and waste being brought in as part of this application being dumped on farm land. She also reported concerns about fly-tipping of material on the adjacent farm land near the village of Peopleton and objections on the grounds of noise, light pollution, working hours and hazardous materials. She requested that if planning permission was granted that conditions be added to control noise, dust and odour emissions.

 

In the ensuing debate, the following points were made:

 

·         The local councillor emphasised the importance of focusing on the application before the Committee which was only a small part of the activities that took place on the site. It would be beneficial to provide a new access to the site given the location of the existing access and with the amount of traffic travelling along the C2115 to and from the village of Peopleton. The main problem had been the history of the site and ongoing issues associated with the previous permissions granted by Wychavon District Council. It was therefore important, should this application be approved, that it was subject to appropriate conditions and effectively monitored. Any monitoring arrangements should be undertaken in close liaison with the district council 

·         In response to a query, the representative of the Head of Strategic Infrastructure and Economy indicated that it was understood that the applicant had yet to receive a permit from the Environment Agency (EA). It was not unusual for applications of this small scale to receive planning permission to establish the principle for the development in advance of any permit submission

·         In response to a concern expressed about the proposed throughput and the number of vehicle movements, the representative of the Head of Strategic Infrastructure and Economy commented that the applicant had confirmed that 5,000 tonnes of material would be the maximum throughput. The applicant did not expect to get anywhere near that tonnage throughput and had emphasised that the work would be seasonal with less work in the winter months and more work in the summer months

·         As the local member suggested, if planning permission was granted, it was vital that this application and the ancillary activities were adequately monitored by this Council in liaison with Wychavon District Council to ensure that the activities on the site did not get out of control

·         This application was for a small-scale operation taking place in a single building but in the context of a relatively large site. It would generate a limited number of vehicle movements accessing the site through the proposed new access. The new access would also be used for the other ancillary activities taking place on the site. However it should be noted that the landowner had indicated that very few vehicle movements would be generated by these ancillary activities. The proposed operation was a one-man business with the sorting taking place in the lean-to building which would bring recycling nearer to its source. The report had addressed all the objections raised and none of the statutory consultees had objected

·         In response to a concern about the monitoring arrangements for mud deposited on the highway and whether wheel cleaning facilities would need to be installed, the representative of the Head of Strategic Infrastructure and Economy indicated that the Council's monitoring officer would make announced and unannounced visits to the site and investigate any complaints as necessary.

 

RESOLVED that planning permission be granted for a proposed small scale waste transfer station and materials recycling facility associated with a skip hire business (Part Retrospective) at Stone Arrow Farm, Peopleton, near Pershore, Worcestershire, subject to the following conditions:

 

Commencement

a)    The development must be begun not later than the expiration of three years beginning with the date of this permission;

 

Approved Plans

b)    The development hereby permitted shall be carried out in accordance with the details shown on submitted Drawings: GPP/CP/SAF/18/02, Rev 2, titled: Site Location Plan; GPP/CP/SAF/18/03, Rev 1, titled: Proposed Site Layout Plan; GPP/CP/SAF/18/04, Rev 1, titled: Existing Site Layout Plan, except where otherwise stipulated by conditions attached to this permission;

 

Throughput

c)    The annual throughput of the development hereby approved shall be limited to a maximum of 5,000 tonnes per annum and records shall be kept and made available to the County Planning Authority on written request for the duration of the operations on the site;

 

Waste Acceptance

d)    No wastes other than those defined in the application, namely Commercial and Industrial and Construction and Demolition wastes, shall be brought onto the site;

 

Hours of Working

e)    Construction works shall only be carried out on the site between 08:00 to 18:00 hours on Mondays to Fridays inclusive, and 08:00 to 13:00 hours on Saturdays, with no construction work on Sundays, Bank or Public Holidays;

 

f)     Operations, including any movement of skips and repair and maintenance of vehicles, plant and equipment associated with the development hereby approved shall only take place on the site between 08:30 to 17:30 hours Mondays to Fridays, 08:30 to 13:30 hours on Saturdays and not at all on Sundays, Bank or Public Holidays. No machinery or equipment associated with the development hereby approved shall operate on the site outside of these hours;

 

Dust

g)    Prior to the development hereby approved being brought into use, a Dust Management Plan shall be submitted to and approved in writing by the County Planning Authority. Thereafter the development shall be carried out in accordance with the approved details;

 

Noise

h)    The vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times, this shall include the fitting and use of effective silencers;

 

i)     No crushing, shredding, washing or chipping of waste materials shall take place on the site;

 

j)     Prior to the development hereby approved being brought into use, a Noise Management Plan shall be submitted to and approved in writing by the County Planning Authority. Thereafter the development shall be carried out in accordance with the approved details;

 

k)    The sorting of waste materials by hand and a hydraulic grab shall only take place within the building, as shown on drawing numbered: GPP/CP/SAF/18/03, Rev 1. No materials shall be sorted outside the building;

 

Litter

l)     Prior to the development hereby approved being brought into use, a Litter Management Plan shall be submitted to and approved in writing by the County Planning Authority. Thereafter the development shall be carried out in accordance with the approved details;

 

Pollution

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

 

n)    No materials shall be burnt on the site;

 

o)    Prior to the development hereby approved being brought into use, a post and wire fence shall be installed along the north-west boundary of the site, to demarcate the extant of the application site to prevent any encroachment or alterations of levels on land adjacent to the Bow Brook. The post and wire fence shall be maintained for the duration of the development hereby approved;

 

Drainage

p)    Prior to the development hereby approved being brought into use, details of the underground storage tank, including its volume and means of empting and any interception shall be submitted to and approved in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

q)    This permission does not allow the formation of any earth bunds from waste and other materials at the site or imported to the site;

 

Storage 

r)     Prior to the development hereby approved being brought into use, a drawing indicating the location, height and extent of empty skips storage, containers and inert waste material stockpiles shall be submitted to and approved in writing by the County Planning Authority. Thereafter, the development shall be carried out in accordance with the approved details;

 

s)    There shall be no external storage of waste materials, except inert waste materials, to be storedin accordance with condition r) above and condition t) below;

 

t)     The height of all externally stored skips, containers and inert waste material shall not exceed 4 metres in height. A scheme for the setting up of a permanent marker that allows operatives and officers from the County Planning Authority a means of visually checking the height shall be submitted to and agreed in writing by the County Planning Authority prior to the development hereby approved being brought into use. The agreed height markers shall be erected and maintained on site for the duration of the development hereby approved;

 

            Lighting

u)    Details of any new lighting to be installed at the site shall be submitted to the County Planning Authority for approval in writing prior to being erected.   These details shall include:-

 

               i.        Height of the lighting posts;

              ii.        Intensity of the lights;

             iii.        Spread of light (in metres);

             iv.        Any measure proposed to minimise the impact of the lighting or disturbance through glare;

              v.        Any measures to minimise the impact of lighting upon protected species and habitats; and

             vi.        Times when the lighting would be illuminated;

 

Biodiversity

v)    All vegetation clearance at the site shall be undertaken outside the bird nesting season which generally extends between March and September inclusive. If this is not possible then any vegetation that is to be removed or disturbed should be checked by an experienced Ecologist for nesting birds immediately prior to works commencing. If birds are found to be nesting any works which may affect them would have to be delayed until the young have fledged and the nest has been abandoned naturally;

 

w)   All existing trees, shrubs and hedgerows indicated to be retained shall be protected by suitable fencing in accordance with BS5837:2012. No materials shall be stored, no rubbish dumped, no fires lit and no buildings erected inside the fence.  In the event of any trees, shrub or hedgerow being damaged or removed by the development, it shall be replaced with like species and equivalent size, which in the case of a mature tree may entail multiple plantings, in the next planting season;

 

x)    Within 3 months of the date of this permission, an Ecological Enhancement Strategy shall be submitted to the County Planning Authority for approval in writing. The Strategy shall include:

 

               i.        Specification and location of pollinator-friendly and native planting, including species of grasses and wildflowers.

              ii.        Specification and location of new wildlife refuges, specifically for invertebrates and small mammals such as hedgehog.

             iii.        New / replacement nesting opportunities for birds, specifically: house sparrows, swifts and house martins. To be provided in the form of sparrow terraces, swift boxes and house martin cups on existing buildings, installed at minimum heights of 2 metres above ground level.

             iv.        New roosting opportunities for bats to be incorporated onto existing buildings. Bat boxes shall be installed at minimum heights of 2.5 metres above ground level and facing away from external illumination.

              v.        An Ecological Management Plan which shall set out how the establishment and favourable management of habitats and features proposed within the Ecological Enhancement Strategy will be undertaken for a period covering at least 5 years from the implementation of the Ecological Enhancement Strategy;

 

Thereafter, the development shall be carried out in accordance with the approved details;

 

y)    On implementation of the Ecological Enhancement Strategy (referred to in Condition x) above), a Statement of Conformity shall be submitted to the County Planning Authority by the applicant or their Ecological Clerk of Works confirming their successful implementation. A further report shall be submitted to the County Planning Authority providing monitoring information at the end of the Ecological Management Plan period;

 

z)    Notwithstanding the submitted details, within 3 months of the commencement of the development hereby approved, a planting scheme to include native species, sizes, numbers, spacing, densities; locations; and a planting specification for the development hereby approved, shall be submitted to the County Planning Authority for approval in writing, and implemented within the first available planting season (the period between 31 October in any one year and 31 March in the following year) on completion of the development. Any new trees or shrubs, which within a period of five years from the completion of the planting die, are removed, or become damaged or diseased, shall be replaced on an annual basis, in the next planting season with others of a similar size and species;

 

Highways

aa) 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;

 

bb) When commercial vehicles are exiting the site on to the C2115 road to access the Local Road Network, they shall turn right towards the A44. A sign shall be erected prior to the development hereby approved being brought into use, directing commercial vehicles exiting the site to turn right towards the A44;

 

cc) Prior to the development hereby approved being brought into use, the reconstruction of the vehicular access between the nearside edge of the adjoining carriageway and the gated entrance shall be carried out in accordance with a specification to be submitted to and approved in writing by the County Planning Authority, at a gradient not steeper than 1 in 20. Thereafter, the development shall be carried out in accordance with the approved details;

 

dd) The development hereby approved shall not be brought into use until the internal private access roadway, turning area and parking facilities shown on drawing GPP/CP/SAF/18/03, Rev 1 have been provided. Thereafter, these areas shall be retained and kept available for their respective approved uses at all times;

 

ee) No mud, dust or debris shall be carried onto the public highway. If necessary to comply with this requirement, wheel cleaning facilities of a type approved in writing by the County Planning Authority shall be installed at the site and used for the duration of the operations hereby approved; and

 

Planning Permission

ff)   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 activities/operations on the site.

 

Mr R A Adams asked that his abstention from the vote be recorded in the Minutes.