Agenda item

The Committee considered a County Matter planning application made under Section 73 of the Town and Country Planning Act 1990 (as amended) to vary condition 1 of planning permission: 13/000054/CM to allow for continued use of the site for recycling of soils by screening for off-site distribution until the completion of the landfill site in 15 years-time at Summerway Landfill site, Hillary Road, Stourport-on-Severn, 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 and Air Quality Impacts), Traffic and Highway Safety, Water Environment, and Ecology and Biodiversity.

 

The Head of Strategic Infrastructure and Economy concluded that it was expected that the landfilling operations would have been completed by now, but changes to the regulations relating to landfilling, the introduction of the Landfill Tax and changes in the way waste material was managed to ensure as much as possible was recycled and reused before any residue was disposed of by landfill had significantly reduced landfilling operations. Consequently, the site had previously not received any significant volumes of waste and the applicant had diversified his business to include operations involving the storage and recycling of waste materials. Landfilling and restoration operations continued on the site.

 

The recycling of soils could be considered ancillary to the landfill operations. The applicant had put forward very special circumstances for allowing the proposal to remain in this Green Belt location. However, the Head of Strategic Infrastructure and Economy considered it would be prudent to impose a condition limiting the period of time of operations for a further 5 years after which time the position with regard to the landfill operations and compatibility of ancillary uses such as the soil recycling operations could be reassessed.

 

The Head of Strategic Infrastructure and Economy considered that the proposal would comply with the locational Policies WCS 3, WCS 6 and WCS 7 of the Waste Core Strategy.

 

It was considered that as the proposed development would involve collecting, recycling and reusing waste soils, it would comply with the objectives of the waste hierarchy.

 

Based on the advice of the County Landscape Officer, 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 extant planning conditions regarding restricting stockpile heights and locations to prevent visual harm, maintenance of landscaping scheme, and retention of horseshoe shaped bund for the duration of the operations.

 

Based on the advice of Worcestershire Regulatory Services and the Environment Agency, it was considered that the proposal would have no adverse noise, dust or air quality impacts upon residential amenity or that of human health, subject to the imposition of the relevant extant 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 appropriate conditions as imposed on the extant planning permission and as recommended by the County Highways Officer.

 

Based on the advice of North Worcestershire Water Management and Severn Trent Water Limited, the Head of Strategic Infrastructure and Economy considered that there would be no adverse effects on the water environment, subject to the imposition of appropriate conditions, as imposed on the extant planning permission

 

The Head of Strategic Infrastructure and Economy considered that the proposal would not have an unacceptable adverse impact on ecology and biodiversity at the site or on the surrounding area.

 

On balance, taking into account the provisions of the Development Plan and in particular Policies WCS 1, WCS 2, WCS 3, WCS 6, WCS 7, WCS 8, WCS 9, WCS 10, WCS 11, WCS 12, WCS 13, WCS 14 and WCS 15 of the Adopted Worcestershire Waste Core Strategy and Policies DS01, CP01, CP02, CP03, CP11, CP12, CP13 and CP14 of the Adopted Wyre Forest District Council Core Strategy and Policies SAL.PFSD1, SAL.GPB1, SAL.CC1, SAL.CC2, SAL.CC4, SAL.CC7, SAL.UP1, SAL.UP5  and SAL.UP9 of the Adopted Wyre Forest District Council Site Allocations and Policies Local Plan, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 

Two other applications for this site were considered at Minute numbers 1024 and 1025.

 

The representative of the Head of Strategic Infrastructure and Economy introduced the report and commented that Mr Copley, an objector to all three proposals had been invited to address the Committee but was unable to attend. Mr Copley had expressed concerns over high levels of noise and air pollution generated by the trucks that use the site, high level of mud deposited on Hillary Road, mud, noise and diesel fumes along with the poor road surface, and the noise and disruption of the cleaning of the road.

 

Mr Morris, the agent acting on behalf of the applicant addressed the Committee with regard to all 3 applications before the Committee.  He set out the Government Guidance and Planning Policies that he argued would support the waste recycling and landfill operations at the site.

 

He requested that planning permission be granted for fifteen years for the following reasons: The applicant had a successful track record in recycling. It was considered important for both long-term investment from the banks so that any right off periods were covered and there was longevity in potential employment for upcoming apprentices. The landfill site had an open-ended planning permission and a Permit renewed every year by way of a subsistence charge. The applicant had been operating from this site for over 20 years.

 

He indicated that the applicant had two Directors all employed on a full-time basis who both worked for the applicant, in addition to 25 full time staff. It was the intention with the new offices to seek for at least two apprentices which would be both for office and fitting/servicing plant. The majority of the staff lived within 3 miles of the site.

 

The applicant took all of the road planings from all of the County Highways Depots in the area, stocked and recycled the material for re use on roads.100% of this material was recycled and the majority re-used by the County Council. This site accepted and recycled all of the rejected bricks from Baggeridge Brick and accepted block pavers from District Council developments. These products were crushed and re-used. The site played a major part in helping to achieve local and national recycling targets for construction and demolition waste. Sub and top soils were all being recycled. The site played a major part in recycling soils and the County Highways Department had been happy with the service provided by the applicant and the location was useful for delivery and return of materials from around the County and had a good road infrastructure. The site also provided for local disposal of inert wastes that were not suitable for recycling.

 

The applicant had a proven and sound track record with no enforcement notices served on them and no environmental or transport legal cases brought against them. The applicant had an excellent working relationship with the Minerals Planning Authority, the District Environmental Health Department, the Environment Agency and VOSA

 

He therefore asked that the application for an increase in the time limits from 5 years to 15 years be approved for continued economic development in the area and to continue to provide local employment and a long-term base in Worcestershire and to support the County Council’s as open for business policy.

 

In response to Mr Morris’ presentation, the following query was raised:

 

·         Mr Morris responded to a query relating to concerns about pollution from vehicles on the highway. He commented that the site was visited at least 4 times a year by the EA. Noise and dust monitoring was carried out and reported 4 times a year to the EA, and the district and county councils monitored noise and dust. No notices of concern had been received from them or from VOSA who had recently renewed the applicant’s operating license for the site. The site was fully compliant with planning and transport legislation. He disputed the accusation that the highway had been contaminated as a new wheel washing facility had been introduced as well as a road sweeper with a traction brush to sweep debris off the road. He could not guarantee that the road would be completely clear all of the time but every effort was made to keep it clean. The road had never been impassable and he was not aware of any complaints being made to the district council, County Council or EA.

 

In the ensuing debate, the following points were raised:

 

·         A local councillor commented that the county needed a recycling facility of this nature. The applicant was not intending to expand the facility but to improve facilities to allow them to operate more efficiently. The road was clean and well looked after by the applicant. He argued that considering the level of investment on site, 5 years was insufficient and he recommended granting permission for 15 years

·         It was queried why officers were recommending permission be granted for only 5 years. The representative of the Head of Strategic Infrastructure and Economy responded that 5 years was being recommended on the basis of the site’s location in the Green Belt. The operations were inappropriate development in the Green Belt unless special circumstances were demonstrated. The proposed developments were considered ancillary and officers were concerned about the amount of landfilling taking place. The temporary permission for 5 years would allow a degree of planning control on the site however members might wish to give more weight to the economic impact on the operator

·         In terms of planning control, given the rate of landfilling at the site, it was argued that a 5 or 10 year permission would not give any further element of planning control on the site and 15 years would seem more appropriate

·         Having regard to officers’ concerns, a 10 year permission would seem reasonable.  An amendment was moved and seconded that condition a) be amended so that permission be granted for a 10 year period

 

RESOLVED that planning permission be granted for the carrying-out of development pursuant to planning permission reference number 13/000054/CM, without complying with condition 1 of that permission to allow for continued use of the site for recycling of soils by screening for off-site distribution until the completion of the landfill site in 15 years-time at Summerway Landfill Site, Hillary Road, Stourport-on-Severn, Worcestershire, subject to the following conditions:

 

a)    The development hereby approved shall cease 10 years from the date of this permission or on the restoration of the landfill site whichever is the sooner;

 

b)   The development hereby permitted shall be carried out in accordance with the details shown on submitted Drawing Numbered: 13/082_02, Rev 1A, except where otherwise stipulated by conditions attached to this permission;

 

c)    Within 3 months of the date of this permission, an updated scheme shall be submitted to the County Planning Authority for approval in writing showing how the position of the screening plant and associated stockpiles shall be marked out on the ground. Thereafter, no waste or screened materials associated with the screening operations shall be stored outside of the approved / marked areas. The approved scheme shall then be implemented for the duration of the operations hereby approved;

 

d)   The operator shall retain copies of all records associated with the import and export of all soils to and from the site associated with the operations hereby approved. The records shall include the type, volume and destinations of all soils imported and exported from the site. All records shall be available for future inspection by authorised officers from Worcestershire County Council upon request;

 

e)    The operator shall retain records of all materials imported and disposed of on site to landfill. These records shall include the type and volume of all materials disposed of to landfill on the site. All records shall be made available for future inspection by authorised officers from Worcestershire County Council upon request;

 

f)     The development hereby approved shall only be operated by D E Talbot Transport and shall not be let to, or operated by any other person or company;

 

g)   The soil screening facility shall only be available for use by the applicant ancillary to the surrounding landfill operation;

 

h)   All stockpiles associated with the soil recycling operations hereby approved shall be a maximum of 5 metres high. Within 3 months of the date of this permission an updated scheme providing a method of visually checking the stockpile height shall be submitted to the County Planning Authority for approval in writing and shall be implemented for the duration of the development hereby approved;

 

i)     There shall be no skips stored on the site;

 

j)     There shall be no burning of any materials on the site;

 

k)    There shall be no crushing of any material on the site;

 

l)     The screening operations hereby approved shall not be made open to the general public;

 

m)  Soil screening operations and movement of heavy vehicles to and from the site in connection with the development hereby approved, shall only take place between the hours of 08:00 to 16:00 hours Mondays to Fridays inclusive, with no operations being undertaken on Saturdays, Sundays, Bank or Public Holidays;

 

n)   The development hereby approved shall be carried out in accordance with the submitted Summerway Landfill Particulates Risk Assessment, Ref: ARM/DET/PRA/1.00/2018, the submitted Dust Management Plan, Revision 3.0 and submitted Noise and Vibration Management Plan, Revision 1.00, dated 2018;

 

o)   Within 3 months of the date of this permission, an updated scheme for the prevention of mud and detritus being deposited on the public highway shall be submitted to the County Planning Authority for approval in writing. The approved scheme shall be implemented and complied with at all times for the duration of the development hereby approved;

 

p)   All surface water runoff generated on the site will as far as reasonably practicable be dealt with on the site and not discharged onto the public highway;

 

q)   The landscape scheme for the site shall be maintained in accordance with the approved scheme pursuant to condition 17 on permission reference: 13/000054/CM, dated 17 February 2014;

 

r)     The horseshoe shaped bund referred to in condition 18 of planning permission reference: 13/000054/CM, dated 17 February 2014, shall be retained for the duration of operations hereby approved;

 

s)    Within 3 months of the date of this permission, details of sheltered and secure bicycle parking to comply to comply with Worcestershire County Council’s Streetscape Design Guide shall be submitted to the County Planning Authority for approval in writing. Thereafter the development shall be carried out in accordance with the approved details, and the approved cycle parking shall be kept available for the parking of bicycles only; and

 

t)     The Employment Travel Plan referenced in Chapter 6 of the submitted Enviroarm Ltd Transport Statement, dated December 2018 shall be implemented and monitored in accordance with the regime contained within the Plan for the duration of the operations hereby approved. These shall include:

 

                     i.        A travel welcome pack for all employees:

                    ii.        Details of a car sharing scheme for use in accessing the site;

                   iii.        Information on walk, cycle routes to and from the site and public transport maps and information;

                   iv.        Robust targets for achieving a mode shift from private vehicle use to sustainable modes of transport at the site; and

                    v.        The appointment of a Travel Plan Coordinator to implement, manage and monitor the Travel Plan and to report on its findings.

 

In the event of failing to meet the targets within the Plan a revised Plan shall be submitted to and approved in writing by the County Planning Authority to address any shortfalls, and where necessary make provision for and promote improved sustainable forms of access to and from the site. The Plan thereafter shall be implemented and updated in agreement with the County Planning Authority and thereafter implemented as amended.