Agenda item

The Committee considered a planning application made under Section 73 of the Town and Country Planning Act 1990 (as amended) to vary condition 2 of planning permission: 14/000045/CM "Proposed extension to existing Waste Transfer Station Building" to amend the design of the building extension and omission of the proposed  2 metre high wall at Digaway and Clearaway Ltd, Grove House Yard, Tewkesbury Road, Upton-upon-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 Landscape Character and Visual Impacts, Residential Amenity, and Other Matters – Water Environment and Flood Risks, Traffic and Highway Safety, and Ecology and Biodiversity.

 

The Head of Strategic Infrastructure and Economy concluded that the applicant had stated that during the construction of the Waste Transfer Station building extension, two minor alterations to the original design became necessary. These were amendments to the design of the Waste Transfer Station building extension, so that the south-east corner of the building was reduced in size by approximately 18 square metres, relocation of the roller shutter door, and the emission of a proposed 2 metre high visual screen wall to the south of the building extension. However, the applicant was proposing a close boarded acoustic fence, measuring approximately 2 metres high, to be installed to the south and west of the extension building. As such this application sought to vary condition 2 (approved drawings list) of the planning permission 14/000045/CM.

 

The applicant stated that during construction, it was noted that circulation space on the eastern side of the building was limited and the decision was taken to reduce the floor area of the building and the repositioned roller shutter door opening provides a more convenient ingress and egress to the building. The applicant also stated that to construct a wall to the south of the building extension would significantly limit the useable space within the yard to the detriment of the operational arrangements of the business.

 

Based on the advice of the County Landscape Officer and Malvern Hills District Council, 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.

 

Based upon the advice of Worcestershire Regulatory Services and the Environment Agency, it was 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, including a dust management plan and conditions requiring the installation of the proposed acoustic fencing, and high speed roller shutter door.

 

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:

 

·         In response to a query about the difference between the wall and the proposed acoustic fence, Ben Greenaway, the agent acting on behalf of the applicant commented that due to the nature of its construction with insulated panels, the acoustic fence would be more effective acoustically than the wall. The acoustic fence would also be closer to the existing boundary and therefore create more circulation space in the yard

·         the representative of the Head of Strategic Infrastructure and Economy explained that the requirement to construct a wall was part of the original approved plans and therefore would have to be constructed in accordance with those plans

·         In response to a query about the location of the residents complaining about noise impact, Ben Greenaway explained that complaints had been received from residents a distance away from the site. None of the residents in the nearest properties to the site had objected and many of them worked at the site. It was considered that the fence would provide a better solution to noise concerns than the wall and this view was supported by Worcestershire Regulatory Service

·         What was the purpose of this application, was it to increase throughput, increase efficiencies or placate objections from local residents? The representative of the Head of Strategic Infrastructure and Economy commented that this application had resulted from the Council’s Planning Monitoring and Enforcement Officer visiting the site and noting work that had been carried out not in accordance with the approved plans. The Council had therefore requested the submission of an application to regularise the matter. The application was not related to throughput

·         In response to a concern about future maintenance arrangements, the representative of the Head of Strategic Infrastructure and Economy commented that a condition was proposed which required the applicant to maintain the acoustic fence

·         Waste transfer facilities provided an important service in the county and such facilities should be sited as near as possible to the people who used them which was the reason that this facility would continue to grow. The only real issues raised by local residents related to appearance and noise. Worcestershire Regulatory Services had indicated that the acoustic fence would be marginally more effective than the wall for noise attenuation. The inclusion of the acoustic fence in this application gave the Council greater control over future maintenance arrangements. The acoustic fence would also improve the appearance of the site

·         Had any complaints about the site been made ahead of this application? The Planning Monitoring and Enforcement Officer explained that letters had been received from the local residents group GRRAATE who represented the Grove area, complaining about noise and dust. As a result, he had visited the site on several occasions to different locations alongside representatives of the Environment Agency (EA), Worcestershire Regulatory Services and the district council’s enforcement team. There had not been any proven noise issues 

·         The official noise attenuation thresholds were high. The impact on local residents could still be severe even where these thresholds were not met. However, although the proposals were not ideal there would be an improvement to the existing noise issues

·         Concern was expressed that maintenance work was taking place outside the operating hours of the facility. The Planning Monitoring and Enforcement Officer responded that this issue related to the machinery associated with the operations of the waste transfer business not the general operations on the site. There was a concrete batching plant that had access through the site and it was difficult to establish which activity the complaints related to. Maintenance of the building was not part of this application. 

 

RESOLVED that planning permission be granted for the carrying-out of development pursuant to planning permission reference number 14/000045/CM, without complying with condition 2 of that permission to amend the design of the building extension and omission of the proposed 2 metre high wall at Digaway and Clearaway Ltd, Grove House Yard, Tewkesbury Road, Upton-upon-Severn, Worcestershire, subject to the following conditions:

 

Approved Plans

a)    The development hereby approved shall be carried out in accordance with the details shown on submitted drawings referenced: PL-01; A200, received by the County Planning Authority on 16 August 2019, A101, A102, A103, except where otherwise stipulated by conditions attached to this permission;

 

Materials

b)    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

c)    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 or Public Holidays. No machinery or equipment shall operate on the site outside the hours;

 

Construction Hours

d)    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

e)    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;

 

f)     All doors to the building shall be kept closed except to allow entry and exit;

 

g)    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;

 

h)    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

i)     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

j)     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

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

 

l)     No materials shall be burnt on the site;

 

Storage

m)   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

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

 

o)    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

p)    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

q)    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;

 

r)    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

s)    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

t)     Within 3 months of the date of this permission, a detailed scheme for the mitigation of dust shall be submitted to and approved in writing by the County Planning Authority. The approved scheme shall be implemented and complied with at all times for the duration of the development hereby permitted;

 

Planning Permission

u)    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;

 

Roller Shutter Door

v)    The new opening (access) in the extension building hereby approved, as shown between Points Z and Y on the 'East' Elevation on Drawing Number: A102, titled: 'Elevations' and Drawing Numbered: A101, titled: 'Floor Plan', shall be fitted within a high-speed roller shutter door within 3 months of the date of this permission; and

 

Acoustic Fencing

w)   The 2 metre high close boarded acoustic fencing, as shown on drawing numbered: A200, received by the County Planning Authority on 16 August 2019, titled: Site Plan, and document titled: JAKOUSTIC – Jacksons Fencing shall be installed within 3 months of the date of this permission and shall be maintained for the duration of the development hereby approved.