OFFICERS REPORT - DELEGATED Ref No: 051604 Case Officer: Mr N Parry Proposal: Application for removal or variation of a condition following grant of planning permission ref:048702 Location: 3PL Brookhill Landfill Site, Pinfold Lane Industrial Estate, Buckley, CH7 Applicant: Flintshire County Council Date Valid: 19 December 2013 Expiry Date: 13 February 2014 Consultation & Responses Local Member for Buckley Mountain: Councillor Carol Ellis originally requested that the application be referred to Planning Committee and requested a Committee Site Visit in line with Planning Policy as Flintshire is the applicant. Councillor Carol Ellis has had comments from members of the public that Flintshire County Council have not got a valid permission. However, at the Committee Call Over meeting on 28th April, 2014 it was concluded that the above reason for the application to go to Planning Committee was not a valid planning reason. Councillor Carol Ellis then agreed for the application to be determined under delegated powers and provided an additional consultation response. In this additional consultation response Councillor Carol Ellis requested that the application is reviewed after two years as other means of handling waste may be up and running by then. Councillor Carol Ellis also advised that regarding vehicles travelling to Brook Hill there have in the past been complaints about Ewloe Place and Liverpool Road and requests that vehicles use the A494 on to Pinfold Road. Local Member for Ewloe adjoining ward: Councillor Dave Mackie: No comments to date. Town Council: Buckley Town Council state that the application is recommended for refusal on the grounds that the original working time controls were put in place to protect the residents of nearby properties. The continued operations at the site should have the same operational hours as previously and the Bank and Public Holidays should be excluded from any working operations. It is assumed that Sundays are not included in the removal or variation of the Condition. Hawarden Community Council: No comments to date. Head of Public Protection: No adverse comments to make regarding this proposal. 1 Head of Assets and Transportation: No objection to the proposal and do not intend to make a recommendation on highway grounds. However, note that Public Footpath Number 5 crosses the application site and should be safeguarded before development commences. Natural Resources Wales: No principle objections to the variation of condition 4. The proposal is not likely to significantly affect any of the following interests: Deeside and Buckley Newt Sites Special Area of Conservation (SAC), Connah’s Quay Ponds and Woodlands Site of Special Scientific Interest (SSSI), Great crested newt. Rights of Way: State that Footpath 5 crosses the site and Footpath 5A abuts the site. A diversion will be required after the restoration is complete. Ramblers Association: Mr. Howard White objects to this application on behalf of the Ramblers Association. The reason for the objection is that the proposal directly impacts on the definitive line of public path Buckley 5. Although this path is already obstructed by fencing elsewhere this proposal would further obstruct the path and fails to make any positive proposal to resolve the situation (which has been subject of a Path Inquiry and Inspectors Decision). Due to technical issues with the application Mr. Howard White spoke to the case officer who clarified the situation so a second consultation response was made which confirmed the request to maintain a holding objection while the justification for this continued obstruction of Public path 5 is investigated. Mr. Howard White also states that there seems considerable uncertainty whether the quoted end date of 2016 is realistic. The Ramblers Association would like firmer commitments from the Flintshire County Council as to the reopening of public paths and open Space in this area and would ask that the possibility of designating the nearby former railway line as a public path be considered. Local Issues Action Group (LIAG) c/o Mr. J. Iball: No comments to date. Dwr Cymru/Welsh Water: Not consulted Airbus: Not consulted Coal Authority: Not consulted Neighbours: Press Notice, Site Notice, Neighbour Notification Three site notices posted on 16th January, 2014. One on site entrance, one on access road entrance and one on fence of site just off public footpath from back of industrial estate. Press Notice in The Chronicle on 30th January, 2014 and Neighbour Notification. Relevant History & Policies: Site History 2 Brookhill Landfill site occupies the former Brookhill and Catherall’s Claypit. Planning permission was granted for the landfill in 1992 by the former Alyn and Deeside District Council under reference 4/0/21554 and landfill commenced in April 1999. Permission was granted under reference 00142 for the waste transfer compound in April 2001. Permission was granted under reference 042735 for the extension of the waste transfer compound in August 2007. Several other permissions and approvals relating to the landfill operations but not relevant to the waste transfer compound have been granted since 1992. In February, 2011 permission was granted under reference 046591 for a Variation of condition number 4 attached to planning permission ref:042735 to extend the life of the development to 30/9/2011. In November, 2011 permission was granted under reference 048702 for Retention of existing transfer compound and proposed waste transfer slabs for green waste and food waste. Extended hours were also permitted to cover bank holidays. This permission expired in December, 2013. Planning Policies Flintshire Unitary Development Plan Local –Flintshire Unitary Development Plan (2011) Policy STR1 - New Development Policy STR10 - Resources Policy GEN1 - General Requirements for Development Policy EWP7 - Managing Waste Sustainably Policy EWP8 - Control of Waste Development and Operations Policy EWP11 - Development on or Adjacent to Landfill Sites Waste development is also guided by Regional and National guidance, including: Wales Waste Strategy 2002, Wise About Waste; Planning Policy Wales Technical Guidance Note 21: Waste, November 2001 and; North Wales Regional Waste Plan, November 2003 to 2013. The proposal would comply with the above policies. Planning Appraisal: Summary This is an application to extend the existing permission to continue to provide waste transfer slabs for green waste and food waste. This is to temporarily manage green waste and food waste that is collected from properties by Flintshire County Council. The facility will enable the food waste and the residual waste transfer activities that currently take place to continue at Brookhill until a permanent facility can be constructed. 3 The domestic waste baling and transfer facilities will continue to be required at Brookhill for residual 'black bag' waste until the North Wales Residual Waste Project comes on stream in 2017/18. The transfer compound pad was constructed in 2001 and had an end date of 30/9/2011. Planning permission 048702 for Retention of existing transfer compound and proposed waste transfer slabs for green waste and food waste was granted on 4th November, 2011 and had an end date of 31st December, 2013. As there is no operational landfill void with Flintshire, this facility is necessary to continue for the effective management of waste arisings until such time as the alternative arrangements become available for the treatment and handling of residual waste and food waste. There is a landfill on the site and this is currently under restoration. Waste tipping on the landfill site had ceased by the end of 2008. This current planning application will have no implications for the restoration of the landfill. The application proposes no other changes to the current operations at the site. Site location: The site is located within the boundary of Brookhill Landfill Site off Brookhill Way in Pinfold Lane Industrial Estate, Buckley. The waste transfer compound is located immediately to the south west of the landfill itself, adjoining the access road. Temporary retention of the waste transfer facility will not interfere with the restoration of the landfill dome, which is the most visible element of the landfill site. Description of and the need for the development: The site has been used for the disposal of waste, including household waste, since 1999 with the benefit of a planning permission issued by the former Alyn and Deeside Council in 1992; this planning permission was time limited with the importation of waste completed by the end of 2008. As an integral part of the operation a planning permission was sought and granted in April 2001 for the construction of a waste transfer compound, this facility allowed the transfer of waste from waste collection road vehicles to dump trucks for transport within the landfill site. This permission was due to expire on 30/09/11. The site also provided temporary storage of waste when site operations so required. In November, 2011 permission was granted under reference 048702 for Retention of existing transfer compound and proposed waste transfer slabs for green waste and food waste. Extended hours were also permitted to cover bank holidays. This permission expired in December, 2013. Tipping ceased at Brookhill on by the end of 2008 and from then onwards all nonrecoverable wastes from the municipal collection have been exported to landfill sites outside the County. The waste transfer compound at Brookhill has been retained as a reception and bulking up area for the refuse collection prior to transportation to landfill. The requirement for such a facility will remain until a suitable landfill or alternative means of managing waste becomes available elsewhere. 4 Waste that is collected and has to be bulked before onward transfer for final disposal outside the County has also been carried out at Standard Transfer station in Globe Way, Buckley, but the Applicant considers that the facility at Brookhill is more appropriate in future and would have a lesser impact on routes through Buckley. The continuation of the existing 'black bag' residual waste transfer operations together with the temporary provision of additional transfer facilities to manage green waste and food waste at Brookhill has allowed for the relocation of the management of these waste types away from the Standard Transfer Station with the benefit of reducing the associated traffic using Liverpool Road in Buckley. Transfer capacity is required because there is no available operational landfill within Flintshire. The timescale to obtain the necessary environmental permit and construct new landfill capacity at the nearby Parry’s Quarry is unknown, and in any event the use of such site would only be possible via a competitive tendering exercise. These sites are therefore not available as an alternative to continuing with residual household waste transfer activities. In addition, alternative means of managing Flintshire’s household waste are being actively developed in collaboration with other North Wales Councils. The procurement process for the North Wales Residual Waste Treatment Project to develop alternative facilities to manage Flintshire's residual household waste and food waste is on schedule to become operational in 2017/18. As these alternative sites become available, the relevant waste stream will no longer be taken to the Brookhill site. The lead time for obtaining the necessary consents and build time is such that a temporary waste transfer solution is required at Brookhill until these alternative locations and means of managing residual waste comes on stream. The existing transfer compound comprises of a concrete slab measuring 21 metres by 21 metres and is surrounded by concrete retaining walls topped with litter-proof secure fencing. The food waste transfer slab is of a similar construction and measures 20 metres by 10 metres. Appropriate drainage systems are in place to ensure that any potentially contaminated run off can be collected and treated in the leachate treatment plant within close proximity to the landfill site. The additional pad allows for the separate loading and unloading of food waste collected by the Council's specialist food waste collection vehicles. Food waste is stored in appropriate covered containers and is emptied daily. The required life of the facility is until alternative locations to manage or transfer waste become available. It is proposed to limit the life of the development to the time scales that the temporary facility is required, and to restore those parts of the site which are no longer required by the Council immediately following cessation of use. 5 Brookhill landfill has been capped and is currently in the process of restoration. When the existing transfer activities have ceased, the restoration of the waste transfer compound itself is estimated to take between 6 and 8 weeks. Site boundaries: The site is located within an area of existing industrial development and is well screened from the surrounding developments and units on the industrial estate. The application site is remote from residential housing and other sensitive development. Environmental assessment: It was not considered that the nature and scale of the proposal involved issues of more than local importance and consequently Environmental Impact Assessment was not required. An environmental statement is not required as the site area is below the appropriate thresholds. Pollution Control: For operational reasons the waste must be treated on an impermeable slab with appropriate drainage systems in place to prevent the escape of contaminated run off into surrounding soil or watercourses. Contaminated run-off or leachate will be collected and treated in the nearby leachate treatment plant. Access routes will be established for vehicles depositing material and for the removal of bulked material from the site. The site is covered by appropriate Environmental Permitting regime which will need to be amended as appropriate. Wildlife conservation: The Deeside and Buckley Newt Sites SAC lies within a short distance of the Application Site. The Applicant has provided mitigation ponds for the loss of habitat in relation to landfilling operations at Brookhill in the past and the site has been securely fenced to prevent the return of newts that have been translocated. The proposed development would not have any adverse impact on the SAC and there are measures in place for species protection across the entire landfill site. A condition is proposed to ensure that existing protected species provisions at the site remain in force. The consultation response from Natural Resources Wales enforced this position. Access: The application Site is accessed via a dedicated access within Pinfold Lane Industrial Estate. The existing site access is of a high standard. The majority of the traffic to and from the site will be by means of Pinfold Lane at the Ewloe Barn traffic light controlled junction which has direct access on to the A494, A55 and A550 principal highway network, and avoids traffic movements to and from the residential 6 areas of Buckley. Some traffic will continue to access the site via Buckley, depending upon collection round routing. The surrounding road network is capable of handling the anticipated vehicle numbers, which is predicted to be an average of 50 visits to the site per day by standard refuse collection vehicles and specialist food waste vehicles. There would be no unacceptable adverse highways or traffic impacts resulting from the proposed development. No amendments to existing access or highways arrangements are proposed. The proposed development will result in a reduced use of Standard Transfer Station with the benefit of reducing the associated traffic using Liverpool Road in Buckley. The proposed development will minimise the impact of highway movements and continue to provide a more effective waste management service. The application site is not open to the general public and no provision needs to be made for public access or parking. Traffic associated with the site uses both Pinfold Lane and Ewloe Place. Traffic routing on public highways cannot be controlled by conditions of a planning permission but the applicant has confirmed that it will minimise traffic impacts on residents on both routes by splitting the traffic between them. Public Footpath number 5 is affected by the development within the Pinfold Lane Industrial Estate, including Brookhill Landfill Site. The definitive route of the footpath is unable to be walked due to built development and fencing. The proposed development would not create any additional obstruction of the footpath, nor would it prevent the creation of new footpaths proposed as part of the restoration of the landfill site. However, the footpath will remain obstructed by buildings and structures outside the control of the applicant. A footpath diversion has not yet been concluded and the proposed development therefore continues to impact on the definitive route. The footpath issue insofar as it is affected by development at Brookhill Landfill Site will be resolved after restoration of the landfill is complete. The proposed development will not prevent the restoration of the landfill being carried out. Policy context: It is considered that the development is in compliance with all the relevant policies in terms of location and design and as a facility for the management of waste. The development will continue to assist in the achievement of Welsh Assembly Government waste recycling, diversion of waste from landfill and sustainability objectives. The development is in accordance with the objectives and policies set out in the Flintshire Unitary Development Plan. Policy EWP7 - Managing Waste Sustainably and Policy EWP8 - Control of Waste Development and Operations are particularly relevant to the proposed development. The Collections, Infrastructure and Markets Sector Plan and the newly published TAN 21:Waste recognises a continued need for a network of facilities to manage waste. Flintshire has the disadvantage that there are currently no facilities capable of accepting direct delivery 7 of residual household wastes for treatment or disposal and is therefore reliant on transfer facilities for the management of household waste arisings. There is a clear temporary need for facilities to allow for the sorting and bulking of waste. Amenity and nuisances: The resulting proposal represents a functional design solution which has minimal impact on the surrounding community. The Application Site is located within an industrial area and the nearest residential property is some distance away. Control over emissions from waste management facilities is a matter for Natural Resources Wales under its Environmental Permitting regime and the body has confirmed that its standard odour control condition has been imposed on the operation of the compound. Welsh Assembly Government guidance in TAN 21 Waste is that local planning authorities should not impose conditions in respect of emissions unless there is a valid and specific planning reason to do so. Waste Management Services as part of the Environment Directorate of Flintshire County Council deploys odour control equipment at the compound when odour is detected. In respect of stockpiling waste, skips containing waste are placed on the access road for collection and removal to landfill on the same day. Any skips containing waste still on site at the close of daily operations are taken back to the transfer compound and sheeted. They are taken off as the first load on the following day. The current permitted hours of working are Monday to Saturday: 07:00 to 18:00 hours and on Bank and Public Holidays between the hours of 07:00 to 18:00. Sundays, Christmas Day and Boxing Day: No working The reason for the extended hours to the previous planning permission is the difficulties that are faced in the management of the household waste collection over Bank Holidays. The applicant has confirmed there is no proposal to work on Sundays and the only activity at the site on Sundays would be three or four wagons leaving and entering the site as is the existing situation. BPEO: The Council must be satisfied that the development proposal is the Best Practical Environmental Option (BPEO) for the waste, management processes and location. The site is an existing operation and is capable of servicing waste from across the County. This application is to renew the existing development, alter hours of operation and provide for additional development to allow waste transfer operations to continue on a temporary basis until alternative provisions become available. 8 Conclusion: The waste transfer compound is at present essential to the disposal of the Council’s municipal waste arisings. These facilities will be required until such time as alternative provision is made for waste management within Flintshire. The temporary retention of the compound will not affect the restoration of the landfill itself but it will result in the continuation of the use of the site by waste haulage traffic and the perpetuation of whatever adverse impacts arise from the handling of waste on the site, however, these are considered to be localised to the immediate vicinity of the site, and otherwise related to traffic movements only. By consolidating residual waste transfer activity to a single site will improve operational efficiency and reduce the throughput of traffic currently passing through the residential areas of Buckley to visit the Standard transfer site, which will provide an improvement to the residential amenity. The site is only required on a temporary basis for residual 'black bag' and food waste until the North Wales Residual Waste Project becomes operational in 2017/18. The site is covered by appropriate Environmental Permitting regime which will need to be amended as appropriate. The development is in accordance with the objectives and policies set out in the Flintshire Unitary Development Plan. Policy EWP7 - Managing Waste Sustainably and Policy EWP8 - Control of Waste Development and Operations are particularly relevant to the proposed development. It is recommended therefore that permission be granted for the development. In considering this planning application the Council has acted in accordance with the Human Rights Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic society in furtherance of the legitimate aims of the Act and the Convention. Recommendation Code: / To grant planning permission subject to the following:- Conditions/Reasons: 1. The development hereby permitted shall be deemed to have commenced upon the date of issue of this certificate of permission. REASON: To comply with Sections 91 to 93 of the Town and Country Planning Act 1990. 2. The development hereby approved shall be carried out in accordance with the submitted application details, drawings and supporting documentation except as 9 may be modified by the conditions attached to this planning permission. approved details comprise: i. ii. iii. iv. v. vi. The Application Form received by Flintshire County Council on 19 December 2013. Supporting Statement received by Flintshire County Council on 19 December 2013. Drawing No. 1445/1/003 “Site Location Plan”. Dated May, 2011. Drawing No. 1445/1/002 “Slab Sections”. Dated May, 2011. Drawing No. 1445/1/001 “Proposed Waste Transfer Slab for Green Waste and Food Waste - Plan”. Dated May, 2011. Design and Access Statement received by Flintshire County Council on 19 December 2013. REASON: To define the planning permission area and to ensure that the use and operations are carried out in accordance with the approved schemes. 3. A copy of this decision notice and all approved plans and schemes and all documentation subsequently amended, approved or agreed in accordance with this permission shall be kept at the operators site office and made known to any person(s) given responsibility for the construction of the facility, and the management, or control of waste activities/operations at the site for inspection during all normal office hours. REASON: To assist the monitoring and compliance of the development with the permission, conditions and approved documentation. 4. The development hereby permitted shall cease on an agreed date with the Local Planning Authority to coincide with the opening of the North Wales Residual Waste Treatment Plant facility and the site shall be cleared of all stockpiles, materials, debris, plant, machinery and structures related to this development within 6 months of the cessation of the development. REASON: To ensure that the site is not left in a derelict state. In the interests of public safety and the amenity of the area. To maximise the potential for the future development of the site. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 5. The site and access route shall be maintained in a good state of repair throughout the duration of operations permitted by this planning permission. All heavy goods and light goods vehicles entering and exiting the site shall be sheeted, or the loads otherwise contained or secured, in order to prevent the discharge of loose materials and debris onto the highway. No mud, dust, debris or litter originating from the development herby approved shall be carried onto the public highway. 10 REASON: To prevent mud and debris from being carried out of the site onto the highway. In the interests of highway safety and amenity of users of the highway. To minimise the offsite dispersal of dust and debris by means of vehicular traffic. To control the generation of dust. In the interests of business and recreational amenity. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 6. The development hereby permitted shall only be carried out between: Monday to Saturday: 07:00 to 18:00 hours Bank and Public Holidays: 07:00 to 18:00 hours Sundays, Christmas Day and Boxing Day: No working REASON: To limit impacts associated with the development. In the interests of residential, business and recreational amenity. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 7. Excepting in an emergency, all waste material deposited on the waste transfer pad in accordance with this development shall be removed on a daily basis and no such material shall be stored on the transfer pad over night or at such other times when the facility is closed. REASON: In the interest of public amenity and to deter birds, pests and other vermin and to comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 8. The noise levels arising from the development shall not exceed the following levels at any neighbouring noise sensitive properties or land uses: (i) (ii) In the period 07:00-18:00 hours Monday to Saturday and Bank and Public Holidays 55dB LAeq (1 hour) free field measurement; Where evening or Sunday working is authorised under the provisions of Condition 6 above, 45 dB LAeq (1 hour) (free field). REASON: To control noise produced by the development. In the interests of residential, business and recreational amenity. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 9. All practicable means shall be employed to control the generation and dispersal of dust arising from operations on the site. Dust control measures shall include: (i) (ii) (iii) (iv) the use of a water spray and/or bowser to damp down dust prone areas; control of vehicular speed within the site access and application area; regular sweeping and removal of excess material from trafficked areas; avoidance of moving and handling materials and stockpiles in dry windy weather conditions without regular wetting of dust prone surfaces and 11 (v) minimising the generation of airborne dust during the loading and unloading of road vehicles by minimising the drop height of the materials into / from the vehicle. Notwithstanding the dust control measures referred to above, if visible dust emission should cross the site boundary, the site operations, except for emergency operations in connection with the safety of the site giving rise to such emission, shall be stopped until such time as there is no longer any visible dust emission from the site. REASON: To prevent dust being generated in sufficient quantities to result in perceptible dispersion beyond the boundary of the site. In the interests of business, recreational and residential amenity. In the interests of highway safety and the safety of persons within the vicinity of the site. To minimise the potential adverse health effects from exposure to dust. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 10. Within 3 months of the date of this planning permission, a scheme shall be submitted to the Local Planning Authority detailing the location and management of storage containers / skips to minimise the storage and handling of such containers along the site access road. Upon written approval the scheme shall be implemented in full with immediate effect. REASON: To prevent congestion on the site access road and to comply with Policies GEN1 and EWP8 of the Flintshire Unitary Development Plan. 11. Details of any floodlighting shall be submitted to and approved in writing by the Minerals and Waste Planning Authority prior to installation. Lighting shall be installed in accordance with the approved details. REASON: To reduce the visual impact from the development. In the interests of business, recreational and residential amenity. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 12. The site shall be secured by fencing and shall be locked outside of operational hours. Where additional fencing is either required, or existing fencing needs to be modified, details of the fencing shall be submitted for the written approval of the Local Planning Authority and upon approval shall be implemented with immediate effect. REASON: To define the boundary of the site and prevent unauthorised access. In the interests of public safety. In the interests of business, recreational and residential amenity. To ensure that the site is secure from large animals and unauthorised human access out of normal working hours. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 12 13. The scheme of reasonable avoidance for the Brookhill site shall continue to be applied, including the provision for protected species fencing and shall be checked and maintained at regular intervals. Where additional protected species fencing is either required, or existing protected species fencing needs to be modified details of the protected species fencing shall be submitted for the written approval of the Local Planning Authority and upon approval shall be implemented with immediate effect. REASON: To prevent protected species from entering the site and to comply with Policies GEN1 and EWP8 of the Flintshire Unitary Development Plan. 14. On discontinuance of use of the site all waste materials, structures, plant and machinery related to this development shall be removed from site within 6 months of the cessation of the development under the provisions of Condition 4 above. REASON: To ensure that the site is not left in a derelict state. In the interests of public safety and the amenity of the area. To maximise the potential for the future development of the site. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 15. On discontinuance of use of the site a restoration scheme shall be submitted for the written approval of the Local Planning Authority and the site shall be restored in accordance with the approved restoration scheme. REASON: To ensure that the site is not left in a derelict state. In the interests of public safety and the amenity of the area. To maximise the potential for the future development of the site. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. 16. On discontinuance of use of the site a scheme of after-care shall be submitted for the written approval of the Local Planning Authority and the site shall be subject to the approved after-care scheme. REASON: To ensure that the site is not left in a derelict state. In the interests of public safety and the amenity of the area. To maximise the potential for the future development of the site. To comply with Policies STR1, GEN1 and EWP8 of the Flintshire Unitary Development Plan. In considering this planning application the Council has acted in accordance with the Human Rights Act 1998 including Article 8 of the Convention and in a manner which is necessary in a democratic society in furtherance of the legitimate aims of the Act and the convention. Notes to Applicants 13 1. This permission relates to the following particulars received by the Local Planning Authority. - Application Form received by Flintshire County Council on 19 December 2013. - Supporting Statement received by Flintshire County Council on 19 December 2013. - Drawing No. 1445/1/003 “Site Location Plan”. Dated May, 2011. - Drawing No. 1445/1/002 “Slab Sections”. Dated May, 2011. - Drawing No. 1445/1/001 “Proposed Waste Transfer Slab for Green Waste and Food Waste - Plan”. Dated May, 2011. - Design and Access Statement received by Flintshire County Council on 19 December 2013. 2. You are reminded that this permission must be carried out strictly in accordance with the above specified plans and the conditions referred to upon this certificate of decision. If any amendments are proposed, you should NOT proceed without first obtaining the written approval of the Local Planning Authority. 3. Any development carried out without compliance with the plans and particulars forming this permission, or without full compliance with the conditions of this permission, is entirely at the owners/developers risk and will not prejudice the Local Planning Authority in respect of any decision it may make to take formal enforcement action. 4. The reason for granting planning permission is to ensure that an adequate network of waste management facilities is maintained to safely treat household waste. The development accords with the Flintshire Unitary Development Plan policies GEN1 – General Requirements for Development, STR1 – New Development, STR10 – Resources, EWP7 – Managing Waste Sustainably, EWP8 – Control of Waste Development and Operation, and EWP11 – Development on or adjacent to Landfill Sites. Furthermore, the development accords with National, Regional and Local Policy for Waste Management. The development is for a modest scale food waste, green waste and household waste transfer slabs located within a former landfill site which is currently undergoing restoration. The development does not compromise the use of the land. The potential for adverse impacts arising from noise, dust and odour is limited due to the small scale and low residence time, and the use of existing on site controls such as odour spray system. The site is previously developed and wildlife impact is negligible. The proposal is not environmental impact development on account of the small scale and limited extent of any potential adverse impacts. The development site is not close to residential housing and detrimental risk to the amenity is low. 5. The site is within close proximity to the Buckley Claypits Sites of Special Scientific Interest and Special Area of Conservation for great crested newts. You are reminded of your obligations to maintain the appropriate wildlife licence with the 14 Welsh Government and responsibilities towards European designated land, species and habitat. Date of Recommendation: 29th April, 2014 15