COMMITTEE REPORT Planning Services - Durham County Council

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COMMITTEE REPORT Planning Services - Durham County Council

Planning Services
COMMITTEE REPORT
APPLICATION DETAILS

APPLICATION NO: CMA/1/56
Change of use to waste transfer station and skip hire
FULL APPLICATION DESCRIPTION:
company
NAME OF APPLICANT: Mr D Ratcliffe
Compound J, Bradley Workshops, Bradley Road,
ADDRESS:
Leadgate, Consett, County Durham, DH8 6UG
ELECTORAL DIVISION: Leadgate and Medomsley
Chris Shields ,Planning Officer
CASE OFFICER:
03000 261 394 chris.shields@durham.gov.uk

DESCRIPTION OF THE SITE AND PROPOSALS

The Site

1. The application site covers an area of 0.35 hectares and includes 3 steel clad
industrial buildings. The site is located on the north eastern edge of the Bradley
Industrial Estate, to the west of Leadgate. The site is accessed from Bradley Road
to the north, which leads to the A691 to the west via Werdohl Way and the B6309 to
the east. There is an additional road to the south leading from the industrial estate
to Garden Terrace and Garden Place, however, vehicular access has been
prohibited through the placement of concrete pillars in the road.

The Proposal

2. The proposed development is for the change of use of Compound J at Bradley
Workshops, comprising of 3 buildings and associated yard area, from storage (Use
Class B8) to waste transfer station (Sui Generis) and associated skip hire.

3. The proposed site layout would largely reflect the existing situation; there are 3
buildings, 2 of which would remain as storage and the central building would be the
waste reception and HGV parking area. An office and weighbridge would be
erected at the site entrance. A chain link fence with a height of approximately 1.8
metres surrounds the site. The site also has a number of external concrete storage
bays currently used for storing graded building materials such as sand and gravel,
which would remain.

4. The facility would have the capacity to accept around 25,000 tonnes of construction,
demolition and excavation waste per year. Material processed at the site would be
inert and sourced from the applicants skip hire business. All waste arriving at the
site would be unloaded in the waste reception building and then sorted either by
hand or with a mechanical shovel. Plastics, timber, timber derivatives and metal are
sorted and segregated into skips for export to specialist recycling facilities. Inert
waste including soils, bricks and concrete would be crushed, screened and

separated into individual fractions for re-use. All processing operations would be
carried out inside the Waste Reception building.

5. The proposed facility would provide jobs for 10 new employees. The operating
hours for the site would be 7:30 am to 5:00 pm Monday to Friday and 7:30 am to
12:00 pm on Saturdays. There would be no works carried out on Sundays or bank
holidays.

6. The site would have a combined maximum of 20 Heavy Goods Vehicle (HGV) and
Light Goods Vehicle (LGV) movements per day (10 vehicles in and 10 vehicles out).
Additionally there would be up to 10 staff vehicles arriving and leaving each day.

PLANNING HISTORY

7. The site is allocated for general industrial in the Derwentside Local Plan (Adopted
January 1997). Planning Permission was granted in 1988 for a winter salt store
compound (Planning Permission 1/1988/0763). Subsequently 3 storage buildings
have been erected on the site (Planning Permissions 1/2002/0911, 1/2005/0672,
1/2006/0525).

PLANNING POLICY

NATIONAL POLICY

8. Planning Policy Statement 1: Delivering Sustainable Development sets out the
Governments overarching planning policies on the delivery of sustainable
development through the planning System.
9. Planning policy Statement 10: Planning for Sustainable Waste Management sets out
the Governments policy to be taken into account by waste planning authorities and
forms part of the national waste management plan for the UK.
10. The emerging National Planning Policy Framework (NPPF), currently in draft form, is
a material consideration in the determination of planning applications, and advances
a presumption in favour of sustainable development to encourage economic growth.

REGIONAL PLANNING POLICY

11. In July 2010 the Local Government Secretary signalled his intention to revoke
Regional Spatial Strategies with immediate effect, and that this was to be treated as
a material consideration in subsequent planning decisions. This was successfully
challenged in the High Court in November 2010, thus for the moment reinstating the
RSS. However, it remains the Government’s intention to abolish Regional Spatial
Strategies when Orders have been made under section 109 of the Localism Act
2011, and weight can now be attached to this intention. The following policies are
considered relevant

12. Policy 45 – Sustainable Waste Management: Encourages the development and
implementation of initiatives which will help to minimise waste, taking into the
consideration the waste hierarchy.
13. Policy 46 – Waste Management Provision: Seeks to increase waste recycling and
recovery by encouraging the provision of waste related businesses for this purpose.

LOCAL PLAN POLICY:

County Durham Waste Local Plan (April 2005)

14. Policy W2 – Need – requires the demonstration of need for a particular development
which cannot be met by an alternative solution higher up the waste hierarchy.

15. Policy W3 – Environmental Protection – states that proposals for new development
will be required to demonstrate that the natural and built environment and the living
conditions of local communities will be protected and where possible enhanced.

16. Policy W4 – Location of waste management facilities – states that proposals for new
waste management facilities will be determined having regard to protection of the
environment and local amenity, traffic impacts, opportunities to integrate with other
facilities or developments which will benefit from the recovery of materials and to
extend or develop existing waste management facilities.

17. Policy W29 – Modes of transport – requires that waste development incorporate
measures to minimise transportation of waste.

18. Policy W31 – Environmental impact of road traffic – states that waste development
will only be permitted if traffic estimated to be generated by the development can be
accommodated safely on the highway network, the amenity of roadside communities
is protected, the strategic highway network can be safely and conveniently accessed
and the impact of traffic generated by the development on local and recreational
amenity is otherwise acceptable.

19. Policy W32 – Planning obligations for controlling environmental impact – states that
in granting planning permission for waste development, planning conditions be
imposed to cover, in addition to other issues, the prevention of the transfer of mud,
dust, or litter onto the public highway by measures including the provision of wheel
cleaning facilities, suitably metalled access roads and the sheeting of laden vehicles.

20. Policy W33 – Protecting local amenity – requires that suitable mitigation measures
are incorporated into proposals to ensure that any harmful impacts from noise,
odour, litter, vermin, birds, dust, mud, visual intrusion and traffic and transport are
kept to an acceptable level.

21. Policy W38 – Waste Transfer Stations - seeks to ensure that proposals for the
recovery and recycling of inert waste materials including construction and demolition
waste will be permitted, provided that they can be satisfactorily located on land
identified for general industrial use, previously developed land or at an existing waste
transfer station.

22. Policy W39 – Waste recycling – states that proposals for the recovery and recycling
of inert waste materials, including construction and demolition waste, will be
permitted, provided that they can be satisfactorily located at existing waste transfer
stations, on land identified for general industrial use or on previously developed land
in sustainable locations.

Derwentside District Local Plan (Adopted January 1997)

23. Policy IN4- states that development on Bradley Shops Industrial Estate will only be
approved for business (Class B1), general industry (Class B2) and storage and
distribution (Class B8).

The above represents a summary of those policies considered most relevant in the Development Plan the full
text, criteria, and justifications of each may be accessed at
http://www.durham.gov.uk/Pages/Service.aspx?ServiceId=494

CONSULTATION AND PUBLICITY RESPONSES

STATUTORY RESPONSES:

24. The Environment Agency has raised no objections to the proposal.

25. The County Highway Authority has raised no objections to the proposal.

INTERNAL CONSULTEE RESPONSES:

26. The Spatial Policy Team consider that the development appears to be in general
conformity with the current and emerging policy framework for the County and has
no objection in principle to the development.

27. The Pollution Control Team have raised no objections to the proposal but have noted
that whilst the site is located within an existing industrial estate it is worth noting that
there are nearby residential receptors, the closest being in Garden Place some
12.5m from the compound boundary. Officers have stated that the applicant will
require a permit to operate a crusher on the site. It was also noted that the applicant
has made reference to a noise report and an air and dust environmental
assessment, neither of which have been included with the application. Officers have
therefore recommended that a full noise assessment and dust management plan be
submitted prior to the commencement of development, as well as other conditions to
ensure the protection of the environment.

PUBLIC RESPONSES:
28. The Local Ward Councillors have advised that they have been contacted by
residents expressing the view that the proposed facility would have a detrimental
effect to local residents/neighbours adjoining the business and material planning
concerns include the aspects of excess noise and dust, also that this type of
business will be difficult to monitor/control and therefore may be subject to
environmental disregard/abuse. It was also questioned why there is a need for this
facility in such close proximity to residential properties given that there are Durham
County Council recycling facilities nearby at Stoney Heap and Morrison Busty.

29. The application was advertised in the local press, letters were sent to neighbouring
residents and site notices were placed in the locality. Four objections were received
in response to the application and these raise issues in relation to impacts upon local
amenity including pollution, litter, noise, dust and traffic. There have also been
several questions raised over apparent mistakes in the supporting statement as it
suggests that the majority of the waste to be brought to the site would be from the
Sunderland area. The objectors have also questioned the need for the development
when other facilities are available in the nearby area.

APPLICANTS STATEMENT:

30. The applicant has submitted the following information to describe measures that
would be put in place to mitigate the concerns raised by objectors to the proposal.

31. Mud accumulation will be monitored and the site regularly cleaned to prevent
deleterious materials being carried out onto the highway. Dust and debris in other
areas of the yard will be swept-up on a regular basis to prevent build-up of waste in
and around the site.
32. The access area and adjacent highway will be monitored for evidence of mud and
other debris and cleaned immediately by a site operative who will manually sweep
away the debris. A road sweeper will be called if necessary. Site vehicles will be
cleaned regularly to prevent the transportation of mud and debris onto the highway.

33. The hard-standing and indoor areas of the transfer station shall be swept regularly to
prevent the build-up of dust and debris. In the event of the build-up of any dust,
measures shall be taken to suppress with water bowser and/or road-sweeper and
recorded in site diary.

34. Waste accepted at this facility will be dry waste and should therefore have no odour.
In the event that any waste is found to give off offensive odours it will be taken to the
Quarantine Skip and removed from site immediately. It will also be recorded in the
site diary. In the unlikely event that offensive odours are released from the site the
offending odour source shall be immediately identified and removed from the site to
a suitable tip in order to prevent further nuisance.

35. All plant and equipment shall be purchased and maintained to H.S.E. Guidelines.
Noise levels will be monitored. In the event that noise levels are reported it will be
investigated and recorded in the site diary.

36. Because of the nature of the transfer station building, wind blown litter will be kept to
a minimum; The site shall be checked daily for litter, which shall be collected and
Disposed of in the normal way.

The above represents a summary of the comments received on this application. The full written text is
available for inspection on the application file which can be viewed at County Hall

PLANNING CONSIDERATIONS AND ASSESSMENT

37. Having regard to the requirements of Section 38(6) of the Planning and Compulsory
Purchase Act 2004, the relevant Development Plan policies, relevant guidance and
all other material planning considerations, including representations received, it is
considered that the main planning issues in this instance relate to the impact of the
use upon residential amenity of occupants of nearby premises and highway safety.

Principle of Development

38. The site is located approximately 0.3km to the west of Leadgate centre on an area
designated for general industrial use as designated by the Derwentside District Local
Plan. The site is bounded to the south and west by neighbouring industrial units and
to the north and east by Watling Wood. The proposed development would involve
the use of the site for the importation and processing of inert construction waste
sourced from the applicant’s skip business.

39. National, regional and local planning policies are generally supportive towards
sustainable waste management initiatives and seek to promote the movement of
materials up the waste hierarchy.

40. National policy for the management of waste is contained in DEFRA’s Waste
Strategy for England 2007 which aims to meet and exceed diversion targets set by
the EU Landfill Directive and is generally supportive of waste transfer stations and
material recovery facilities. Regionally waste targets are contained within the North
East of England Regional Spatial Strategy, and require a 46% increase in the
recovery of Household Waste and a 73% increase in the recovery of Municipal Solid
Waste by 2016. In this respect Durham County Council has its own targets of a 75%
reduction across the County by 2020.
41. The Government announced in Waste Strategy 2007 that it was considering, in
conjunction with the construction industry, a target to halve the amount of
construction, demolition and excavation wastes going to landfill by 2012, as a result
of waste reduction, re-use and recycling. Final targets were set out in the Strategy
for Sustainable Construction (BERR, 2008), and include: by 2012 a 50% reduction of
construction, demolition and excavation waste to landfill compared to 2008; and by
2009 setting an overall target of diversion of demolition waste to landfill. The
Government in June 2011 published its Waste Policy Review. The Policy Review
notes that the existing halving waste to landfill commitment is on track to meet its
2012 target and highlights that the Waste Framework Directive target is to recovery
at least 70% of construction and demolition waste by 2020. The Policy Review
acknowledges that there will be some wastes for which landfill remains the best or
least worst option which are likely to include some inert materials and wastes to
restore quarries and mineral workings.
42. Government guidance in PPG10 (2005) has been transferred to the WLP principally
through Policies W1 to W4 (Policy W1 has not been ‘saved’). The strategy for the
WLP reflects the principles of national guidance that decisions on waste proposals
should be guided by the waste hierarchy which encourages reduction, re-use and
recovery of waste as a resource, before consideration is given to disposal as landfill.
PPS10 and the waste hierarchy have been updated in 2011 to incorporate changes
in the revised Waste Framework Directive (2008/98/EC). This now encourages
prevention before preparing for re-use, recycling, other recovery and finally disposal
as a last resort. Policies contained in the WLP remain relevant and refer to moving
the management of waste up the waste hierarchy without specifying the stages.
43. Policy W39 of the County Durham Waste Local Plan states that proposals for the
recovery of inert materials, including construction and demolition waste, will be
permitted provided that they can be satisfactorily located at existing waste transfer
stations, on land identified for general industrial use or on previously developed land
in sustainable locations.

44. The application site falls within Bradley Industrial Estate which is identified for
general industrial use by Policy IN4 of the Derwentside District Local Plan 1997.
Objectors to the proposal have stated that there is not an established need for the
facility given the proximity of the Brooms Dene and Annfield Plain Household Waste
Recovery Centres. The purpose of Household Waste Recovery Centres is as a
deposit point for small quantities of domestic waste, which is then taken to waste
transfer stations for processing. The proposed development would only accept
construction and demolition waste arriving primarily in skips and would then be
processed on site. There is an established need for facilities that would assist in
diverting waste away from landfill as set out in Policy W2 of the County Durham
Waste Local Plan.

Residential Amenity

45. The nearest Residential properties are located approximately 70 metres to the east
in Dere Park and approximately 30 metres (to the nearest property) to the south east
on Garden Terrace/Garden Place. Policy W33 of the County Durham Waste Local
Plan requires development to incorporate suitable mitigation measures to ensure that
any harmful impacts from noise, odour, litter, vermin, birds, dust and mud are kept to
an acceptable level. Waste processing operation at the site would be limited in scale
(it is proposed to process up to 25,000 tonnes of material per annum). Working
hours would be restricted through appropriate planning condition to between 07.30 –
17.00 Monday to Friday and 07.30 – 13.00 Saturdays with no working on Sundays,
Public or Bank Holidays.
46. Material processed at the site would be inert and sourced from the applicant’s skip
hire business. Given the inert nature of the material it is unlikely that the proposal
would have any adverse odour impact on the surrounding locality. All processing of
material would be carried out internally, which would limit the capacity for the site to
generate noise, dust and litter beyond the site boundary to a degree that would
cause a nuisance to the nearest sensitive properties. Notwithstanding this, the
Pollution Control Team have suggested that a full noise assessment and dust
management plan be submitted prior to the commencement of development, as well
as other conditions to ensure the protection of the environment and residential
amenity.
Traffic and Transport
47. Policy W31 of the County Durham Waste Local Plan states that waste development
will only be permitted if traffic estimated to be generated by the development can be
accommodated safely on the highway network, the amenity of roadside communities
is protected, the strategic highway network can be safely and conveniently accessed
and the impact of traffic generated by the development on local and recreational
amenity is otherwise acceptable. The site is located within an area identified for
general industrial uses and dedicated estate roads are provided that link to the A691
and B6309. The industrial estate was originally linked to the Garden Place and
Garden Terrace but concrete bollards have been erected prohibiting access via this
route. It is therefore considered that the development is in accordance with Policy
W31 of the County Durham Waste Local Plan, however it is considered that a
planning condition be imposed restricting vehicle movements at the site to 20 per
day (10in/10out) to prevent an undesirable intensification of the use of the site.

Other Matters

48. The proposed development would create 10 jobs in the surrounding area.

49. Whilst the proposed mitigation measures should help minimise the adverse impacts
of the site it will be essential that these are properly implemented and maintained. If
planning permission is granted the requirements of planning conditions will need to
be fully implemented and monitored and if necessarily enforced to ensure
compliance at all times.

50. The proposal is of a type that would be subject to a permit required through the
Environmental Permitting (England and Wales) Regulations 2007 which would
regulate issues at the site relating to pollution control. There are powers to enforce
should this not be complied with. The operator will be required to apply for an
Environmental Permit from the Environment Agency although this cannot be issued
until the planning position at the site has been established, in this case through the
determination of this application for planning permission.

CONCLUSION

51. Planning policy is generally supportive towards sustainable waste management
initiatives and seeks to locate waste transfer and material recycling facilities on land
identified for general industrial use or on previously developed land in sustainable
locations. The proposal would be located on an existing industrial unit and make a
small contribution to diverting waste materials up the waste hierarchy, away from
landfill. In this respect it is considered that the proposal would broadly accord with
Policies W38, W39 of the County Durham Waste Local Plan.

52. Notwithstanding this Policy W33 of the County Durham Waste Local Plan requires
that waste development will be required to incorporate suitable mitigation measures
to ensure that any harmful environmental impact is kept to an acceptable level.
Having regard to proposed mitigation measures and the views of the EHO and
Environment Agency it is considered sufficient control would be put in place. Subject
therefore to the proposed imposition of proposed planning conditions it is considered
that the development would be acceptable in this location.

RECOMMENDATION

That the application be APPROVED subject to the following conditions;

1. The development hereby approved must be begun no later than the expiration of three
years from the date of this permission.

Reason
Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990
as amended by the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall be carried out in accordance with the following
approved plans:

Drawing No. 001 ‘Existing Plan’
Drawing No. 002 ‘Proposed Plan’

Reason
To define the consent and ensure that a satisfactory form of development is obtained.

3. Prior to the commencement of development a full noise assessment should be
undertaken, as per BS4142:1997 'Method for rating industrial noise affecting mixed
residential and industrial areas', the assessment should provide mitigation measures if
required. No works should be undertaken until suitable methods of mitigating any issues
raised by the assessment have been agreed in writing by the Waste Planning Authority
and where required suitable methods of mitigation have been implemented.