HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY, 7 NOVEMBER 2006, AT 10.00 A.M.
Agenda No.
6
HERTSMERE BOROUGH
APPLICATION FOR VARIATION OF PLANNING CONDITION 8 REFERENCE
0/0253-99(540) AT WOODCOCK HILL FARM, BARNET LANE, ELSTREE
Report of the Director of Environment
Author:
Kirsten Williamson
Local Member:
Martin Saunders
1.
Tel: 01992 556267
Purpose of Report
To consider planning application ref. 0/1020-06 (CM540) for a variation of
condition 8 of planning permission 0/0253-99 at Woodcock Hill Farm, Barnet
Lane, Elstree.
2.
Summary
2.1
Conditional planning permission (ref. 0/0253-99) was granted in August 1999 for
the composting of green and farm waste on a permanent basis. Amongst other
matters, conditions were imposed restricting the number of vehicle movements
and size of vehicles associated with the operation. The development began on
the 20 August 1999.
2.2
Temporary permission (ref: 0/0573-02) was granted in 2002 allowing increased
vehicle movements from 30 per day to 60 per day (30 in and 30 out) on Mondays
to Fridays and from 20 per day to 40 per day (20 in and 20 out) on Saturdays.
This application seeks permanent permission for this level of vehicle movements.
There are no proposals to increase the size of vehicles, which are currently
limited to a maximum gross weight of 7.5 tonnes or less.
2.3
The applicant suggests that the replacement condition could read as follows:
“There shall be no more than 60 vehicle movements (30 in and 30 out)
depositing waste or removing compost at the site during any one working day
(Monday to Friday). There shall be no more than 40 vehicle movements (20
in and 20 out) depositing waste or removing compost during the hours of
operation on Saturdays”.
2.4
The main issues regarding this application are whether the increase of vehicles
has had or would continue to have any significant effect on the Green Belt or the
local highway network. A further consideration is whether such an increase (and
therefore increase in the amount of waste entering the site) can be
accommodated without any detrimental impacts on the surrounding area and the
local highway network.
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3.
Conclusion
3.1
The report concludes that the Director of Environment should be authorised to
grant planning permission subject to the following conditions
1) Number and type of vehicles
3.2
The condition controlling odour should be amended to reflect the comments of
Hertsmere Environmental Health Department. All other relevant conditions
attached to planning permission 0/0253-99 should also remain in force.
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4.
Description of the site and proposed development
4.1
The application site is part of Woodcock Hill Farm, an ongoing agricultural
business. Although on the urban fringe of Borehamwood, the site is designated
metropolitan green belt. Access is obtained from Barnet Lane (A411) which is
designated as a primary route in the Hertsmere Borough Council Local Plan.
The site adjoins a former landfill site, which, when operational, used the same
access as that used by the current development.
4.2
The site presently has the benefit of a Planning Permission (Reference 0/025399), which was granted in November 2002. This permits the applicant to
compost green waste and farm waste on a permanent basis. Application
reference 0/0573-02 varied condition number 8 of Planning Permission 0/025399, on a temporary basis, to increase vehicle movements from 30 to 60 per day
(30 in and 30 out) Monday to Friday and 20 to 40 (20 in and 20 out) on
Saturdays.
4.3
Application 0/1421-04 which also sought to vary condition 8 was withdrawn on 19
July 2006.
4.4
This application seeks to again vary condition 8 (vehicle movements) of planning
permission 0/0253-99, to allow the increase in vehicle movements from 30 to 60
(30 in and 30 out) Monday to Friday and from 20 to 40 (20 in and 20 out) on
Saturdays on a permanent basis. The size of vehicle would be with maximum
gross weight of 7.5 tonnes or less as per the temporary planning permission. All
other conditions attached to the parent permission would be applied if permission
were granted.
5.
Consultations
5.1
Hertsmere Borough Council is due to consider the application on 26 October
2006. The Officer recommendation is that planning permission should be
refused on green belt grounds. The report also indicates that their Environmental
Health Department recommend that if planning permission is granted odour
controls should be tightened.
5.2
Elstree and Borehamwood Town Council makes no objection to the application.
5.3
Herts County Council as Highway Authority make no objection to the application
subject to the following condition
Condition: 1.) Unless otherwise agreed in writing by the Waste Planning
Authority, there shall be no more than 60 Heavy Goods Vehicle movements (30
in, 30 out ) at the site in any one working day and no more than 40 HGV
movements (20 in and 20 out) on Saturdays.
Reason: To minimise the adverse effects upon the free and safe flow of traffic
along the public highway in the vicinity of the site.
5.4
The Highways Agency does not intend to issue a direction and would
wish to comment further on the application.
5.5
not
The Environment Agency and CPRE have no comment to make on the proposal.
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5.6
Thames Water (Waste) had no objection to the proposal.
5.7
Three Valleys Water (Veolia), Transco, 24 Seven Utility - The Planning Provision,
Herts and Middlesex Wildlife Trust, Herts and Middlesex Badger Group were
consulted but did not respond.
5.8
Deacon Heights Residents Association objected to the application after
observing the following activities currently taking place:
 working out of hours and permitted days
 storing compost in incorrect places
 storing it higher than is permitted
 having more vehicle movements than is allowed
 day in and day out, constant noise from machinery
 Deliveries outside hours using the very dangerous farm entrance
They also expressed concern regarding the erosion of green belt and continued
implications for highway safety.
5.9
A total of 66 properties were consulted on the application and 15 letters objecting
to the application were received. The issues of concern can be summarised as:
 Excessive vehicle movements
 Mud on the road
 Flouting of 7.5 tonne limit on vehicle size
 Increased congestion
 Highway safety
 Use of unsuitable access on to Barnet Lane
5.10 A number of issues relating to the extant permission were raised and can be
summarised as follows:
 Smell
 Intensification of use
 insufficient control of development
 noise
 commercial non-conforming use in the green belt
 unsuitable location
 unrestricted development
 permitted hours of operation
 out of hours operation
 pollution
 impact on visual amenity
 height and placing of stockpiles
5.11 An advert was placed in the Borehamwood Times newspaper on 11 August 2006
and a site notice was erected on 1 August 2006.
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6.
Planning Considerations
6.1
The relevant development plan policies are:
HERTFORDSHIRE WASTE LOCAL PLAN 1995 – 2005 ADOPTED JANUARY
1999
WASTE POLICY 1 Sustainable Development
WASTE POLICY 2 Need for Waste Management Facilities
WASTE POLICY 6 Waste Minimisation
WASTE POLICY 12 Areas of search for permanent facilities for re-use, recovery,
recycling and transfer of waste
WASTE POLICY 14 Green Waste Composting outside areas of search
WASTE POLICY 40 Noise
WASTE POLICY 43 Traffic
WASTE POLICY 44 Proximity to other land uses
Strategic Plan Hertfordshire Structure Plan Review 1991 - 2011, adopted
April 1998
POLICY 1 SUSTAINABLE DEVELOPMENT
POLICY 5 GREEN BELT
POLICY 26 PRIMARY ROUTES AND THROUGH TRAFFIC
POLICY 29 TRAFFIC AND ROAD SAFETY IMPLICATIONS OF
DEVELOPMENT PROPOSALS
POLICY 55 WASTE MANAGEMENT
POLICY 57 POTENTIALLY POLLUTING DEVELOPMENT AND LOCATION OF
POLLUTION SENSITIVE DEVELOPMENT
Hertsmere Local Plan Adopted 19th MAY 2003
Policy K1: Sustainable Development
Policy K2: Development Strategy
Policy C1: Green Belt
Policy C4: Development Criteria in t h e Green Belt
Policy M2: Development and Movement
Policy M4: Borehamwood Transportation Strategy
Policy M12: Highways Standards
The site is identified in the Post Inquiry Modification of the Hertsmere District
Plan as being within the Metropolitan Green Belt and as a Landscape
Conservation Area.
6.2
The material considerations regarding this application are whether an increase in
vehicle movements would have any significant effect on both the Green Belt and
the local highway network and whether such an increase (and therefore increase
in the amount of waste entering the site) can be accommodated without any
negative effects.
Green Belt
6.3
The acceptability of the green composting use in this location was assessed as
part of the process for planning application 0/0253-99. Although the original
application represented a departure from the development plan in terms of Green
Belt, the use on this site accords with Waste Policy 14 as it is adjacent to existing
farm buildings and an ongoing agricultural business. The site will not extend
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further into the greenbelt as a result of this proposal and there has been no
additional visual intrusion or loss of openness. The height (maximum of 3
metres) and location of windrows are controlled by conditions and there are no
proposals to alter these.
Highway impacts
6.4
The majority of representations material to this application relate to the impact of
any increase in vehicle movement on Barnet Lane and the unsuitability of the use
in the urban fringe of Borehamwood. In granting planning permission reference
0/0573-02 for the temporary consent to increase vehicle movements, the
Highway Authority recommended a temporary permission in order that the effects
on the highway could be monitored over a period of two years. After monitoring,
it now considers that a permanent permission is acceptable, subject to a
condition limiting the movements to the suggested level.
6.5
Barnet Lane is a primary distributor road and the level of vehicle movement is not
out of keeping with this type of road. The extant permission includes controls on
vehicle size (limiting them to 7.5 tonnes or below GVW) as well as requirements
to prevent mud on the road.
Other environmental impacts
6.6
The extant permanent permission includes conditions to control odour, noise,
mud on the road, vehicle size, stock-pile height and site area. If planning
permission is granted, similar conditions would remain in force and provide a
means of addressing valid complaints. Hertsmere Borough Council
Environmental Health Department consider that a tightening of conditions to
allow greater control of odour would appropriate, and this is recommended.
6.7
Hertsmere officers are also of the view that the increase in vehicle movements
would increase the number and extent of composting piles, which would lead to
an increase in noise. There are no proposals to amend the conditions relating to
the height and location of windrows and there is an appropriate noise condition
already in force. The site has been operating at the same level of intensity for 4
years. There should be no further intensification by making the temporary
vehicle increase permanent.
6.8
A number of complaints have been made regarding smell and noise emanating
from the site and mud on the roads. In addition, a number of representations
regarding the application also refer to breaches of condition at the site, including
odour and noise. The enforcement team is in the process of validating
complaints and has submitted a request for information from the applicant.
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7.
Conclusions
7.1
The previous application was granted temporary permission to allow assessment
of increased vehicle movements. The “trial run” viewed as being both reasonable
and appropriate under Government Guidance detailed in paragraph 111 of
Circular 11/95 has now ended and an assessment can be reached on the
generated impacts. There have been a number of complaints relating to vehicles
movements, increased smell, noise and mud on the roads.
7.2
An existing condition of the planning permission allows the Council to monitor the
number of vehicles that enter and leave the site each day. This condition would
continue to apply to the operation and vehicles will continue to be monitored in
the future with enforcement action taken where expedient to do so.
7.3
Other complaints relate to issues controlled under the existing permanent
permission. The increased vehicle movements could allow for a more efficient
use of the site within operational hours and the associated impacts can be
effectively controlled by the existing conditions.
7.4
The Highway Authority has not objected to the increase in vehicle movements
and therefore the proposal is not deemed to be detrimental to highway safety.
The observed impacts are not considered to be significantly greater than those
resulting from the existing permission and are adequately dealt with by the extant
permission and associated conditions.
7.5
The report concludes that the Director of Environment should be authorised to
grant planning permission subject to the following conditions
1) Number and type of vehicles
7.6
The condition controlling odour should be amended to reflect the comments of
Hertsmere Environmental Health Department. All other relevant conditions
attached to planning permission 0/0253-99 should also remain in force.
8.
Financial implications
8.1
Planning applications should be determined on the basis of material planning
considerations, and not on the basis of their financial implications for the County
Council. However, it is a requirement of the County Council to advise all
Committees of the financial implications that may arise from their decisions.
8.2
If a planning application is refused or is not determined within a specific period,
the applicant has a right of appeal. Any appeal would result in additional costs,
which in part can be met from existing budget provisions. However, a major
public inquiry may give rise to significant costs for which there is no specific
budget provision.
If the County Council refuses an application without
reasonable planning grounds on which to base its decision, it may be liable to
pay the costs of the applicant in contesting the appeal.
Background information used by the author in compiling this report
Planning Application ref. -0/1020-06
Consultation responses and representations received in response to Planning Application ref. -0/1020-06
Planning Application ref. 0/0573-02
Planning permission ref. 0/0253-99
Hertfordshire Structure Plan Review 1991 to 2011 (adopted April 1998)
Hertfordshire Waste Local Plan 1995- 2005 (adopted January 1999)
Hertsmere District Local Plan Post Inquiry Modifications published September 2000
Appendix 1 – Relevant Development Plan Policies
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Appendix 1 – Relevant Development Plan Policies
HERTFORDSHIRE WASTE LOCAL PLAN 1995 – 2005 ADOPTED
JANUARY 1999
WASTE POLICY 1
IN IDENTIFYING LAND OR CONSIDERING PROPOSALS FOR WASTE MANAGEMENT
DEVELOPMENT, THE COUNTY COUNCIL WILL HAVE REGARD TO THE EXTENT TO
WHICH THE DEVELOPMENT IS SUSTAINABLE IN FORM AND LOCATION AND HELPS TO
CONSERVE RESOURCES OF LAND, WATER, MATERIALS, ENERGY AND THE
ENVIRONMENT AND MINIMISES TRAFFIC CONGESTION, TRAVEL DISTANCES, WASTE
GENERATION AND POLLUTION. THE COUNTY COUNCIL IN DEALING WITH WASTE
MANAGEMENT WILL GIVE PREFERENCE TO THE LOCATION OF WASTE RECYCLING,
HANDLING, REDUCTION AND DISPOSAL FACILITIES AS CLOSE AS PRACTICABLE TO
THE ORIGIN OF THE WASTE.
WASTE POLICY 2
THE ESTABLISHMENT OF FACILITIES FOR HANDLING, TRANSFER, TREATMENT AND
DISPOSAL OF WASTE (WASTE MANAGEMENT FACILITIES) WILL BE SUPPORTED
PROVIDED THAT IN ORDER TO ACCOMMODATE THE EQUIVALENT OF
HERTFORDSHIRE’S OWN WASTE ARISINGS, THERE IS A CLEARLY ESTABLISHED NEED
FOR ADDITIONAL CAPACITY AND FACILITIES OF THE KIND THAT THE PROPOSED
DEVELOPMENT
WOULD PROVIDE, WHICH OUTWEIGHS ANY MATERIAL
AGRICULTURAL, LANDSCAPE, CONSERVATION OR ENVIRONMENTAL INTEREST
AFFECTED BY THE PROPOSAL.
APPLICATIONS WHICH WOULD NOT MEET THE ENVIRONMENTAL AND PLANNING
STANDARDS CONTAINED IN OTHER POLICIES OF THE DEVELOPMENT PLAN,
INCLUDING THOSE RELATED TO QUALITY OF DESIGN, WILL NOT BE PERMITTED.
WASTE POLICY 6
THE COUNTY COUNCIL WILL STRONGLY SUPPORT ANY DEVELOPMENT PROPOSALS
WHICH ARE REQUIRED FOR THE PURPOSE OF MINIMISING WASTE, SUBJECT TO
OTHER DEVELOPMENT PLAN POLICIES, PARTICULARLY THOSE RELATING TO THE
ENVIRONMENTAL AND OTHER EFFECTS OF THE DEVELOPMENT.
WASTE POLICY 12
THE FOLLOWING LOCATIONS WHICH ARE INDICATED ON THE PROPOSALS MAP ARE
AREAS OF SEARCH FOR SITES FOR PERMANENT FACILITIES FOR THE RE-USE,
RECOVERY, TRANSFER AND RECYCLING OF WASTE.
INERT WASTE RECYCLING - LAND AT:
EASTMAN WAY/REDBOURN ROAD, HEMEL HEMPSTEAD.
NEW FORD ROAD, WALTHAM CROSS.
LONDON ROAD, STEVENAGE.
MARSH LANE, WARE.
SUNNYSIDE, BUNTINGFORD.
TWO WATERS, HEMEL HEMPSTEAD.
LAND AT FORMER POWER STATION, CARDIFF ROAD, WATFORD.
GREEN AND MIXED WASTE COMPOSTING - LAND AT:
SUNNYSIDE, BUNTINGFORD.
EASTMAN WAY/REDBOURN ROAD, HEMEL HEMPSTEAD.
MATERIALS RECOVERY FACILITIES - LAND AT:
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ALDENHAM BUS WORKS, ELSTREE. (FORMER)
BRITISH AEROSPACE SITE, HATFIELD. (FORMER)
CRANBORNE ROAD, POTTERS BAR.
LAND AT FORMER POWER STATION, CARDIFF ROAD, WATFORD
CRANE MEAD, WARE.
GREENHILL CRESCENT, WATFORD.
GUNNELS WOOD ROAD EMPLOYMENT AREA, STEVENAGE.
LONDON ROAD, STEVENAGE.
MARSH LANE, WARE.
NORTH ORBITAL TRADING ESTATE, ST ALBANS.
ORCHARD ROAD, ROYSTON.
ROYSTON ROAD, BALDOCK.
TWO WATERS, HEMEL HEMPSTEAD.
WORKS ROAD/BLACKHORSE ROAD, LETCHWORTH.
WASTE TRANSFER AND RECYCLING FACILITIES - LAND AT:
BISHOPS STORTFORD RAILWAY GOODS YARD (FORMER).
EASTMAN WAY/REDBOURN ROAD, HEMEL HEMPSTEAD.
IMPERIAL WAY INDUSTRIAL ESTATE/LAND ADJACENT TO WATFORD JUNCTION
STATION, WATFORD.
RECYCLING OF CANAL DREDGINGS - LAND AT:
LEA ROAD.
CRANE MEAD, WARE.
RATTY’S LANE, HODDESDON.
THE COUNTY COUNCIL WILL GRANT PERMISSION FOR THE ESTABLISHMENT OF
PERMANENT FACILITIES ON SITES IN THE PREFERRED AREAS OF SEARCH, SUBJECT
TO THE REQUIREMENTS OF WASTE POLICY 2.
WASTE POLICY 14
OUTSIDE AREAS OF SEARCH PROPOSALS FOR GREEN WASTE COMPOSTING WILL BE
SUPPORTED IN PRINCIPLE OUTSIDE BUILT-UP AREAS AND SETTLEMENT BOUNDARIES
DEFINED IN LOCAL PLANS WHERE THIS INVOLVES THE RE-USE OF AUTHORISED
PERMANENT BUILDINGS WHICH ARE IN KEEPING WITH THEIR SURROUNDINGS OR THE
USE OF LAND WITHIN OR ADJACENT TO FARM BUILDING COMPLEXES, SUBJECT TO
THE REQUIREMENTS OF POLICY 2 AND TO THE PROPOSALS BEING APPROPRIATE IN
SCALE, FORM, CHARACTER AND SITING TO THEIR LOCATION IN THE COUNTRYSIDE.
WASTE POLICY 40
WHERE THE COUNTY COUNCIL CONSIDERS THAT A WASTE MANAGEMENT PROPOSAL
IS LIKELY TO CAUSE SIGNIFICANT NOISE INTRUSION TO EXISTING NOISE SENSITIVE
DEVELOPMENT OR CONSTRAIN PLANNED NOISE SENSITIVE DEVELOPMENT,
PLANNING PERMISSION WILL NOT BE GRANTED UNLESS THE APPLICANT IS ABLE TO
DEMONSTRATE THAT NO SIGNIFICANT NOISE INTRUSION, OR CONSTRAINT ARISING
FROM NOISE, WILL OCCUR, OR THAT ANY SUCH PROBLEM CAN BE ADEQUATELY
CONTROLLED BY CONDITION.
CONDITIONS MAY INCLUDE, AMONGST OTHER MATTERS:
 CONTROL OF WORKING HOURS;
 MEASURES TO REDUCE THE IMPACT OF NOISE EMISSION FROM OPERATIONS;
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 A REQUIREMENT FOR A SCHEME TO BE SUBMITTED TO AND APPROVED BY THE
PLANNING AUTHORITY SPECIFYING A PROGRAMME OF WORK AND SITE LAYOUT
DESIGNED TO REDUCE NOISE LEVELS AT NOISE SENSITIVE LOCATIONS,
CONSTRUCTION OF BAFFLE MOUNDS AND ERECTION OF ACOUSTIC FENCING;
 LIMITS ON DAYTIME NOISE EMISSION FROM THE DEVELOPMENT.
DAY TIME NOISE LEVELS, AT NOISE SENSITIVE PROPERTIES USED AS DWELLINGS, OF
NO MORE THAN 70DB LAEQ.1HR. MAY BE PERMITTED FOR A PERIOD OF NO MORE
THAN 8 WEEKS TO ENABLE BAFFLE MOUNDS TO BE CONSTRUCTED.
IF A PROPOSED APPLICATION IS IN ESSENCE A LARGE SIGNIFICANT DEVELOPMENT,
AND NOISE GENERATION IS A SIGNIFICANT ISSUE, THE COUNTY COUNCIL WILL
REQUIRE THE APPLICANT TO SUBMIT WITH HIS APPLICATION AN ENVIRONMENTAL
NOISE STATEMENT.
THAT STATEMENT IS TO BE PREPARED IN THE LIGHT OF CURRENT GUIDANCE ON
PREPARATION OF SUCH, AND WILL INCLUDE SPECIFICALLY WITH RESPECT TO NOISE:
 IN THE CASE OF THE FILLING OF A VOID CREATED BY MINERAL EXTRACTION,
DETAILS OF NOISE DURING EXTRACTION OF MINERALS
FROM THE SITE, IF
AVAILABLE;
 DETAILS OF BACKGROUND NOISE;
 DETAILS OF LOCAL NOISE-SENSITIVE EXISTING AND PROPOSED DEVELOPMENT;
 PREDICTIONS OF THE FUTURE NOISE SEPARATELY FOR:
-
ACCESS TRAFFIC TO THE SITE
-
LANDFILL OPERATIONS
-
FIXED INDUSTRIAL DEVELOPMENT ON THE SITE;
 METHODS OF PROPOSED NOISE CONTROL AND MONITORING AND LIAISON
ARRANGEMENTS.
WASTE POLICY 43
PLANNING PERMISSION WILL ONLY BE GRANTED FOR THE DISPOSAL, TRANSFER,
PROCESSING OR RECYCLING OF WASTE WHICH IS CAPABLE OF BEING TRANSPORTED
TO SITES VIA RAIL, WATER OR PRIMARY AND DISTRIBUTOR ROADS AS IDENTIFIED IN
THE COUNTY COUNCIL’S CURRENT TRANSPORT POLICIES AND PROGRAMMES (TPP)
DOCUMENT). IN DETERMINING PROPOSALS, THE COUNTY COUNCIL WILL TAKE INTO
ACCOUNT THE EFFECT OF LORRY TRAFFIC ON LOCAL COMMUNITIES AND
RESIDENTIAL AREAS.
SUPPORT WILL BE GIVEN TO PROPOSALS FOR THE
TRANSPORT OF WASTE BY RAIL OR WATER.
WHERE THE TRANSPORT OF WASTE WOULD REQUIRE THE USE OF LOCAL ROADS (AS
DEFINED IN THE COUNTY COUNCIL’S TPP) TO GAIN ACCESS TO THE WASTE
MANAGEMENT SITE FROM THE MAJOR ROAD NETWORK, OR WHERE OTHER ROADS
MAY BE UNSUITABLE ON TRAFFIC SAFETY, ENGINEERING OR ENVIRONMENTAL
GROUNDS FOR INCREASED LEVELS OF HEAVY TRAFFIC, APPLICANTS FOR PLANNING
PERMISSION WILL BE REQUIRED TO CARRY OUT, AND SUBMIT THE RESULTS OF, A
STUDY OF THE IMPACT OF HEAVY GOODS VEHICLE TRAFFIC ON ROAD SAFETY AND
THE ENVIRONMENT.
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PLANNING PERMISSION WILL BE GRANTED IF THE TRAFFIC IMPACT STUDY
DEMONSTRATES THAT THE ADVERSE IMPACTS CAN BE AMELIORATED BY
ENVIRONMENTALLY ACCEPTABLE HIGHWAY AND/OR OTHER IMPROVEMENTS TO THE
SATISFACTION OF THE COUNTY COUNCIL. ALL ROAD WORKS WHICH WOULD BE
NECESSARY TO PERMIT WASTE MANAGEMENT DEVELOPMENT WOULD EITHER BE THE
SUBJECT OF PLANNING CONDITIONS REQUIRING THE WORKS TO BE CARRIED OUT IN
ADVANCE OF DEVELOPMENT OR SUBJECT TO THE APPLICANT ENTERING INTO A
LEGAL AGREEMENT WITH THE COUNTY COUNCIL TO ENSURE THE IMPLEMENTATION OF
SUCH IMPROVEMENTS. WHERE APPROPRIATE, LIMITS ON VEHICLE NUMBERS WILL BE
IMPOSED. WHERE ACCEPTABLE WORKS TO LOCAL RURAL ROADS WOULD ENABLE
TEMPORARY WASTE MANAGEMENT DEVELOPMENT TO TAKE PLACE, THE
RESTORATION OF SUCH ROADS BACK TO THEIR ORIGINAL SCALE AND APPEARANCE
ONCE WASTE DISPOSAL DEVELOPMENT IS COMPLETE MAY ALSO BE REQUIRED,
DEPENDING ON LOCAL CIRCUMSTANCES.
IN DETERMINING APPLICATIONS FOR WASTE MANAGEMENT FACILITIES, THE COUNTY
COUNCIL WILL TAKE INTO ACCOUNT THE EFFECT THE EXTRA ACTIVITY WILL HAVE
UPON OTHER USERS OF THE ROAD SYSTEM IN THE AREA, THE STRUCTURE OF THE
ROADS, ROAD VERGES, ROADSIDE TREES,
HEDGES AND THE ADJOINING
ENVIRONMENT.
CONDITIONS TO PREVENT ANY SOILING OF THE PUBLIC HIGHWAY MAY BE IMPOSED
INCLUDING THE PROVISION OF SUITABLY SURFACED ACCESS ROADS, WHEEL
CLEANING EQUIPMENT, AND, POSSIBLY, WATER BOWSERS AND SHEETING TO
PREVENT DUST OR SPILLAGE.
WASTE POLICY 44
THE COUNTY COUNCIL WILL NOT GRANT PLANNING PERMISSION FOR THE DISPOSAL
OF WASTE BY LANDFILL OR LANDRAISING IF THE PROPOSED ACTIVITY WOULD BE TOO
CLOSE TO EXISTING RESIDENTIAL OR EMPLOYMENT DEVELOPMENT. IN DECIDING
WHETHER THE PROPOSED LANDFILL OR LANDRAISING WOULD BE TOO CLOSE TO
EXISTING RESIDENTIAL OR EMPLOYMENT DEVELOPMENT, THE COUNTY COUNCIL WILL
TAKE INTO ACCOUNT THE FOLLOWING FACTORS:
a)
WHETHER THE ACTIVITIES WOULD BE WITHIN 250M OF RESIDENTIAL OR
EMPLOYMENT DEVELOPMENT, OR WITHIN 60M IN THE CASE OF DISPOSAL OF INERT
WASTE;
b)
THE LEVEL OF NOISE AND VIBRATION LIKELY TO EMANATE FROM THE SITE;
c)
THE EFFECTS OF FLOODLIGHTING THE SITE;
d)
THE PROPOSED HOURS OF WORKING;
e)
THE NUMBER OF PEOPLE WHO WOULD BE AFFECTED AND THE LENGTH OF TIME
THEY WOULD BE AFFECTED;
f)
WHETHER THERE WOULD BE ANY BARRIER OR SIGNIFICANT INTRUSION BETWEEN
THE PROPOSED DEPOSITION AND RESIDENTIAL OR EMPLOYMENT DEVELOPMENT
(SUCH AS A MAJOR ROAD OR RAILWAY EMBANKMENT); AND
g)
THE EFFECTS OF ANY PROPOSED AMELIORATIVE WORKS, SUCH AS EARTH
MOUNDS, INCLUDING ADVERSE EFFECTS.
PLANNING PERMISSION FOR WASTE DISPOSAL BY LANDFILL OR LANDRAISING WILL BE
REFUSED WHERE THE TYPE OF WASTE PROPOSED FOR A SITE LOCATED CLOSE TO OR
ON THE FLIGHT PATH OF AN OPERATIONAL AERODROME IS CONSIDERED BY THE
LOCAL PLANNING AUTHORITY TO BE LIKELY TO CREATE A DANGER FROM BIRD STRIKE
ON AIRCRAFT.
Strategic Plan Hertfordshire Structure Plan Review 1991 - 2011, adopted April 1998
POLICY 1 SUSTAINABLE DEVELOPMENT
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The policies of this Plan, together with those of local plans, will seek to enable
activities and development in Hertfordshire to be carried out consistently with the
principles of sustainable development. Those aspects within the ambit of the
Structure Plan and local plans will be subject to monitoring and review in the light
of evolving policies and concerns at national and international levels, and new
information as it comes forward. Where feasible, appropriate targets and
benchmarks will be set.
The general aim will be to:
i) encourage economic growth consistent with environmental constraints, with the
main emphasis on promoting the knowledge economy rather than mass industrial
production;
ii) make provision for the housing and social needs of people in ways which
minimise the need to travel and otherwise exploit the sustainability advantages of
urban concentration, with the prime emphasis on regeneration in the County’s
main towns;
iii) improve people’s quality of life, both in town and country, in ways which do not
prejudice the quality of life of people in the future or threaten the environment;
iv) avoid pollution in all its forms, in particular pollution of ground and surface
water resources;
v) contain road traffic growth, particularly in the main towns, and encourage
walking, cycling and greater use of passenger transport in preference to the
private car, in particular through development of new and improved bus and rail
services;
vi) conserve the County’s critical capital and other important environmental
assets, including its landscape, ecological, built and archaeological heritage, and
safeguard the County’s area of Green Belt;
vii) conserve natural resources, in particular the County’s best and most versatile
agricultural land;
viii) minimise resource depletion and make the most efficient use of land,
minerals, buildings, energy, water and waste.
POLICY 5 GREEN BELT
A Green Belt will be maintained in the south of the County as part of a Green Belt
about 12-15 miles deep around London with limited extensions along the main
radial corridors and around the towns, as indicated on the Key Diagram. The
Green Belt will also be maintained in the County to the east of Luton, as part of
the South Bedfordshire Green Belt. The precise boundaries of the Green Belt, as
modified in accordance with the following provisions of this policy, shall be as
defined in district local plans.
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… Development Control and Priorities
In the Green Belt there is a presumption against inappropriate development and
permission will not be given, except in very special circumstances, for purposes
other than those detailed in PPG2. Local plans may list settlements within the
Green Belt where infilling will be permitted under the guidelines contained in
PPG2 and in accordance with Policy 6 of this Plan. Subject to compliance with
the criteria in paragraph 3.8 of PPG2, re-use of existing buildings within the
Green Belt is not an inappropriate form of development, though the acceptability
of re-use in any particular case will also fall to be considered in the light of other
relevant policies and considerations, in particular traffic impact.
Throughout the Green Belt priorities for the use of land are to:
i)
provide opportunities for access to the open countryside
for the urban population;
ii)
provide opportunities for outdoor sport, and outdoor
recreation near urban areas;
`
iii)
retain attractive landscapes, and enhance landscapes near
to where people live;
iv)
improve damaged and derelict land;
v)
secure the nature conservation interest;
vi)
retain land in agricultural, forestry and related uses; and
vii)
support the objectives of Watling Chase Community Forest.
Development which is permitted within the Green Belt, and management of land
and activities within it, should aim to contribute to these priorities.
POLICY 26 PRIMARY ROUTES AND THROUGH TRAFFIC
The aim will be to secure the most efficient and effective use of primary routes.
Through traffic will be encouraged to use these routes and capacity
improvements may be made to this end, so long as they are environmentally
acceptable and in the context of a package approach designed to optimise
overall use of the network without significantly increasing the overall capacity of
the system. Formation of vehicular access to primary routes to facilitate
development will be permitted only in very special circumstances.
Heavy goods vehicles will be encouraged to use the Primary Route Network.
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POLICY 29 TRAFFIC AND ROAD SAFETY IMPLICATIONS OF
DEVELOPMENT PROPOSALS
The traffic and road safety implications of development proposals, and the
related proposals for addressing them, will be assessed in the light of the aims
and principles set out in Policy 22 and, in particular, any public transport
accessibility profiles required. Development will be located so that traffic is
discouraged from using roads, in particular local distributor and access roads, to
which it is not appropriate.
In particular, development which would generate a significant change in the
amount or type of traffic using rural roads will be resisted, where:
i) there is an increased risk of accidents, especially to pedestrians, cyclists and
other road users such as horse riders;
ii) where the road is poor in terms of width, alignment or structural condition; or
iii) where increased traffic would have an adverse effect on the rural character of
the road or the residential properties along it.
Development generating particular types of heavy traffic, including distribution
centres and waste and minerals operations, will be located such as to discourage
that traffic from using roads other than the primary network wherever possible.
POLICY 55 WASTE MANAGEMENT
The establishment of facilities for the handling, transfer, treatment and disposal of
waste will be supported, subject to the other policies of this Plan, particularly
those relating to the environmental and other effects of development, sufficient to
make an appropriate contribution to meeting the region’s needs. Regard will be
had to the proximity principle. Measures will be expected to minimise risk of
pollution of water, air and the surrounding land.
Those facilities further up the hierarchy of waste management will receive more
favourable consideration. This hierarchy takes the form of:
1. Minimisation: those processes which minimise waste at source
2. Reuse: facilities which enable reuse of materials without further processing
3. Recovery: facilities designed to make use of waste, through recycling of
materials or energy generation
4. Safe Disposal
Disposal of waste will only be permitted where it can be demonstrated that:
i) it will not give rise to unacceptable adverse environmental effects, in
particular air, water or land pollution, or other effects; and:
ii) it is necessary and appropriate to restore sites worked, or being worked, for
mineral extraction; or
iii) it would result in significant land drainage, landscape enhancement or other
environmental benefit.
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Within the context of the rest of this Policy, proposals which lead to the recycling
of construction waste will be supported, particularly on redevelopment sites
where this involves the reuse of demolition waste from the site.
POLICY 57 POTENTIALLY POLLUTING DEVELOPMENT AND LOCATION OF
POLLUTION SENSITIVE DEVELOPMENT
Development proposals which would be likely to result in or significantly
contribute to unacceptable levels of pollution will not be permitted.
Development proposals which would themselves be likely to be sensitive to
adverse environmental conditions, such as unacceptable levels of noise, air, light
and other pollution, will be resisted where such conditions exist or are likely to
exist in future and where mitigation measures would not afford satisfactory
protection.
Hertsmere Local Plan Adopted 19th MAY 2003
Policy K1: Sustainable Development
All activities and development in Hertsmere will be required to be carried out
consistently with the principles of sustainable development and the general aims
set out in Policy 1 of the Hertfordshire Structure Plan Review 1991- 2011
Policy K2: Development Strategy
The overall development needs of Hertsmere will be planned in accordance with
the settlement hierarchy set out in paragraph 5.9.
Initiatives such as Comprehensive Settlement Appraisals or Village
Appraisals will be developed in association with the local community and other
relevant parties for individual settlements to assist the process of monitoring and
reviewing the policies in this Plan.
Policy C1: Green Belt
Within the Green Belt, as defined on the Proposals Map, there is a general
presumption against inappropriate development and such development will not
be permitted unless very special circumstances exist.
Development proposals within the Green Belt will be assessed in relation to the
guidance set out in section 3 of PPG2 ‘Control Over Development’.
Policy C4: Development Criteria in the Green Belt
In addition to Policy C1 and any other specific policies set out in this Plan
particular regard will be paid to the following criteria when considering proposals
for development in the Green Belt:(i) developments should be located as unobtrusively as possible and
advantage should be taken of site contours, landscape features, etc. to
minimise the visual impact. Buildings should be grouped together and
isolated buildings in the countryside should be avoided;
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(ii) wherever possible, developments should use materials which are in
keeping with those of the locality. Where modern materials are acceptable
they should be unobtrusive in the landscape;
(iii) proposals must comply with the County Council's policy for traffic on
rural roads;
(iv) the scale, height and bulk of the development should be sympathetic to,
and compatible with, its landscape setting and not be harmful to the
openness of the Green Belt;
(v) existing trees, hedgerows and other features of landscape and
ecological interest should be retained and be reinforced by additional
planting of native species or other appropriate habitat enhancement in order
to enhance the character and extent of woodland in the Community Forest;
(vi) account will be taken of any lost contribution to farm economics and
management, with a strong presumption against development which would
fragment farm holdings.
Policy M2: Development and Movement
Development proposals will only be permitted in locations where good access
exists, or can be created, to passenger transport services, pedestrian and cycle
routes, and where the highway network and the
environment can accommodate the amount and type of transport movement
likely to be generated.
Where appropriate, contributions will be sought by means of planning obligations
towards the implementation of proposals in an approved transportation strategy
for the area, or towards a proposed study.
Development will not be permitted if:
(i) the scheme would cause or add significantly to road congestion;
(ii) the scheme would cause or add to safety problems for road users including
non-motorised users;
(iii) the traffic or parking generated by the development would adversely affect
the quality of the surrounding environment;
(iv) the site is poorly related to passenger transport services and the
development has inadequate facilities for cyclists and pedestrians, or does
not incorporate measures to improve such accessibility.
Policy M4: Borehamwood Transportation Strategy
The Borehamwood Transportation Strategy proposes an integrated package of
transport measures to improve Borehamwood Town Centre, and the approaches
to important destinations within the town. The strategy and related transport
plans will be material considerations in the determination of planning
applications. Development proposals will only be permitted in locations where
good access exists or can be created, to passenger transport services and routes
for non motorised users, and where the highway network can accommodate the
amount and type of transport and movement likely to be generated.
Policy M12: Highway Standards
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Development proposals should comply with the advice set out in the County
Council’s ‘Roads in Hertfordshire - A Design Guide’ (or as amended). Where
appropriate, contributions may be sought via planning obligations for off-site
highway works, demand management and other non-car based transport
improvements. The formation of a vehicular access directly onto a primary route
can only be permitted after consultation with, and the agreement of, DETR and
the Highways Agency.
In considering all planning applications for development, particular regard will be
paid to the following criteria:(i) the compatibility of the proposal with the movement and transport
policies set out in this Plan and the Hertfordshire Structure Plan Review
1991-2011;
(ii) the adequacy of any proposed vehicle access and the likely impact of
any associated traffic generation on the local road network and the
environment of the locality;
(iii) the adequacy within the site of space for the circulation, parking,
manoeuvring and loading and unloading of commercial vehicles.
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