HERTFORDSHIRE COUNTY COUNCIL DEVELOPMENT CONTROL COMMITTEE TUESDAY 17 FEBRUARY 2009 AT 10AM Agenda No. 1 NORTH HERTS DISTRICT APPLICATION FOR A CHANGE OF USE FROM A STORAGE AND DISTRIBUTION FACILITY (B8) TO A RECYCLABLES BULKING FACILITY (SUI GENERIS) AT THE NEW BARN, GREAT NORTH ROAD, RADWELL, BALDOCK, HERTFORDSHIRE, SG7 5EN. Report of the Director of Environment Author: Iain Leech Tel: 01992 556225 Local Member: A F Hunter 1 Purpose of Report 1.1 To consider planning application ref. 1/0052-09 for a change of use to recyclables bulking facility at The New Barn, Great North Road, Radwell, Baldock, Hertfordshire, SG7 5EN. 2 Summary 2.1 This application seeks planning permission for the proposed change of use of ‘The New Barn’, Great North Road, Radwell, Baldock, Hertfordshire from a Storage and Distribution Facility (B8) to a Recyclables Bulking Facility (RBF) (Sui Generis). 2.2 The site is bounded on all sides by major roads, principally the southbound carriageway of the A1 (M). To the north of the site, is the Baldock Motorway Service Area while to the south, the site is bounded by a solitary dwelling known as ‘The Weighbridge’. The site was previously used for the storage and distribution of redundant items of furniture and stock pending re-sale and dispatch of goods, but is no longer operational and all activities relating to this contract ceased in April 2008. 2.3 Waste arising in the North Hertfordshire area would be brought in from kerbside collections and HWRC (Household Waste Recycling Centre) facilities and be sorted and baled for onward transportation to reprocessing facilities as appropriate. The proposed site operations would consist of the segregation and bulking of recyclable materials. Vehicles would enter the site with glass, cans and paper, deposit them into the appropriate segregated areas and then leave the site. There would be certain items of plant equipment on-site necessary to deal with the imported waste materials, such as a loading shovel to load the recyclables into lorries for despatch; and sorting and baling equipment to sort and bale the recyclable materials into transportable loads which would be sorted on-site pending dispatch. 116104364 1/0052-09 1 2.4 The proposal does not involve any new buildings or alterations to existing buildings. No changes to the existing access configuration or roads used to access the site are proposed. 2.5 The proposed hours of operation for the RBF would be 0700-1600 Mondays to Fridays and 0800-1500 on Saturdays (following a Bank Holiday only). The site is not proposed to be open on Sundays or Bank Holidays. It is anticipated that the proposed development would generate an average of 38 vehicle movements per day (19 in and 19 out). The development would provide employment of an additional 2 employees. 2.6 The principle issues to be taken into account are: Whether it is appropriate development for the rural area beyond the Green Belt Highways impacts Environmental impacts of bulking operations including noise. 3 Conclusion 3.1 The proposed recyclable waste bulking facility would be beneficial in terms of redirecting HGV traffic away from surrounding towns and onto a higher road hierarchy. The proposal would be appropriate within the rural area beyond the green belt by assisting in the continuation of kerbside waste collections. The proposal would not be visually intrusive nor encroach upon the surrounding countryside. Neither would it result in any unacceptable environmental impacts. 3.2 It is therefore recommended that the Director of Environment be authorised to grant planning permission subject to conditions to include: i) Time limit for implementation; ii) Hours of operation; iii) Control of dust; iv) Access improvements; v) Measures to prevent the deposit of mud and debris on the highway; vi) Restriction of site operations including depositing, sorting and baling of waste to be restricted to within the existing building on site; vii) Limit on maximum daily vehicle movements; viii) Scheme to dispose of contaminated surface water and foul water. 116104364 1/0052-09 2 4 Description of the site and proposed development 4.1 The application site measures an area of 0.68 hectares and is located within the rural area beyond the Green Belt. It is located directly to the east of the A1(M) which runs north to south parallel to it. The site is located approximately 160m south of Junction 10 of the A1(M). Baldock Motorway Services are located to the north with a residential property (“The Weighbridge”) located approximately 180m to the south. 4.2 The site is bounded by bunding and some existing tree planting and comprises an area of hard standing and a large timber-clad building. It is accessed off the A507 via a shared unmade access with “The Weighbridge” residential property. 4.3 The site was previously used for the storage and distribution of redundant items of furniture and stock pending re-sale and dispatch of goods, but is no longer operational and all activities relating to this contract ceased in April 2008. 4.4 Waste arising in the North Hertfordshire area would be brought in from the County’s kerbside collections and HWRC (Household Waste Recycling Centre) facilities and be sorted and baled for onward transportation to reprocessing facilities as appropriate. The proposed site operations would consist of the segregation and bulking of recyclable materials. Vehicles would enter the site with glass, cans and paper, deposit them into the appropriate segregated areas and then leave the site. There would be certain items of plant equipment on-site necessary to deal with the imported waste materials, such as a loading shovel to load the recyclables into lorries for despatch; and sorting and baling equipment to sort and bale the recyclable materials into transportable loads which would be sorted on-site pending dispatch. 4.5 The proposed hours of operation for the RBF would be 0700-1600 Mondays to Fridays and 0800-1500 on selected Saturdays (following Bank Holidays only when there is a need to catch up on collections). The site would not be open on Sundays or Bank Holidays. It is anticipated that the proposed development would generate an average of 38 vehicle movements per day (19 in and 19 out). The development would provide employment for an additional 2 employees 5 5.1 Consultations North Herts District Council considers the site to be suitable in principle for the proposal. They also raise a number of issues; firstly that the barn and land was approved as a depot in 2005 with a condition prohibiting over spill of site activities onto the surrounding grassland. This condition should continue, be secured by condition and strictly enforced. Care should be taken to minimise the impact of traffic and operational noise/smell etc on the nearest residential property in addition to a condition controlling hours of operation. It is agreed that the topography of the site, including the bunding and grassland area would mitigate any significant impacts on the Baldock Motorway Service Area. 116104364 1/0052-09 3 5.2 Radwell Parish Council had not responded at the time this report was prepared. 5.3 The Environment Agency consider the proposal would only be acceptable if conditions are imposed requiring a scheme to dispose of contaminated surface water and foul water. They further advise that an Environmental Permit would be required. 5.4 Hertfordshire County Council as Highway Authority has no objections subject to conditions to include access improvements, any gates being set back by 12m from the highway, making up of the access for the first 5 m from the highway and a limit on daily vehicle movements. 5.5 CPRE and Cable and Wireless had not responded at the time this report was prepared. 5.6 A total of 25 properties were consulted on the application and no letters objecting to the application were received at the time of drafting this report. 5.7 Two site notices were erected on 21 January 2009 and an advert placed in the Comet series newspaper on 15 January 2009. 6 Planning considerations 6.1 PPS10: Planning for Sustainable Waste Management sets out national policy in relation to waste. The relevant development plan policies are included in Appendix 1 and listed below: East of England Plan Policy WM1 Waste Management Objectives Policy WM2 Waste Management Targets Policy WM4 Regional Waste Apportionment Policy WM8 Actions for Waste Authorities, Waste Companies and Other Partners. Hertfordshire Waste Local Plan 1991- 2011 (adopted April 1998) Waste Policy 1 (Sustainable Development) Waste Policy 2 (Need) Waste Policy 13 (Sites outside areas of search) Waste Policy 43 (Traffic) 116104364 1/0052-09 4 North Herts District Local Plan No. 2 (adopted April 1996) Policy 6 (Rural Area beyond the Green Belt) 6.2 The principal issues to be taken into account in determining this application are: Whether it is appropriate development for the rural area beyond the Green Belt Highways impacts Environmental impacts of bulking operations including noise. 6.3 Policy 6 of the North Herts District Local Plan states, inter alia, that a development proposal [in the rural area beyond the Green Belt] will normally only be permitted where it would be strictly necessary for the needs of agriculture, forestry or any proven need for local community services and that the proposal would positively improve the rural environment. 6.4 The proposed site would operate as a bulking/baling facility for kerbside collections of recyclable goods (glass, cans, paper) from the surrounding area (North Herts District). Whilst this service currently takes place (with waste being taken to a facility operated by East Herts District Council on the A507 near Buntingford) the provision of this facility would assist in providing an essential community service which would be located closer to the source of the waste arising. In addition, such a provision would result in HGVs (transporting kerbside recyclables from collections in North Herts) being redirected from passing through Baldock to access the existing facility to using the A1 and A roads avoiding residential areas to the benefit of the rural environment. 6.5 In terms of encroaching upon the surrounding countryside, the proposed operations would make use of an existing timber-clad building and hard standing. As such, there would be no further encroachment into the rural area beyond the existing site boundary. Furthermore, except for vehicle movements and the appearance of plant and machinery on the site there would be a very limited visual impact associated with the proposal. The site is heavily screened on all sides except directly from the south by a bund and tree planting. The nearest residential property is “The Weighbridge” located some 180m to the south. The orientation of this property means that that the rear of the property does not directly face the application site. In addition, there is a substantial belt of trees between this property and the application site. It is therefore considered that the proposal would not be contrary to Policy 6 and would have a minimal visual impact. . 6.6 In terms of the need for the facility, Policy WM1 (Waste Management Objectives) of the RSS states that one objective should be to minimise the environmental impacts of waste management including impacts arising from the movement of waste. As stated above, the proposal would result in a reduction of HGVs passing through Baldock, lessening in part the associated impacts for those residents currently affected. Highways impacts are discussed further in paragraph 6.9. 116104364 1/0052-09 5 6.7 Policy WM2 of the RSS outlines national targets for recycling (with the relevant target being that 50% of municipal waste should be recovered by 2010). The provision of this facility would assist generally with Hertfordshire meeting this target by providing another facility for the sorting/bulking of recyclables as part of the overall infrastructure to improve recycling rates. The applicant (Veolia) has an existing contract with North Herts District Council to collect kerbside waste from households and the proposal would assist in the continuation of this service. 6.8 Policy 13 of the Hertfordshire Waste Local Plan relates to proposals outside areas of search as this proposal is. As discussed below, the proposal would have very good access to the major highway network and assist in reducing vehicle movements through residential areas. It would directly serve Hertfordshire’s population (in the north Herts area) and would make use of a previously developed site. The proposal would therefore be in accordance with Policy 13. 6.9 The proposal would necessitate an average of 38 movements a day (19 in and 19 out). The site is accessed directly from A507 via an unmade access road and is located less than 600m (as measured driving from the access, northwards along the A507 to Junction 10) from Junction 10 of the A1(M). The site is therefore located within very short distance of the strategic highway network in accordance with Hertfordshire Waste Local Plan Policy 43. It is considered that both the A507 and A1(M) would be capable of accommodating vehicle movements associated with the proposal particularly as there would be a negligible increase in vehicle movements associated with the previous storage use of the site. The Transport Statement submitted as part of the application indicates that average daily flows on the A507 over 5 days (from survey data in 2007) number over 5000 and that previous site operations produced approximately 36 two-way vehicle movements. The proposed movements would only represent a very small proportion of daily movements therefore using the A507. 6.10 The access off the A507 to the site and to a residential property road is unmade. From a site visit it appeared that the access was muddy and could therefore give rise to mud/debris being tracked onto the highway. It is therefore proposed that subject to the applicant being in control of the necessary land that the access be made up to a suitable standard as per the recommendation from Highways. 6.11 There would be various activities that would generate noise associated with the proposal. Noise would be generated from waste being unloaded/loaded, being segregated and also being baled. However, the majority of these activities would take place within the existing building on site which would help reduce noise. In addition, the nearest residential property (The Weighbridge) is located approximately 180m south of the site and is bounded by a 1.8m high wooden panel fencing. The A1(M) flanks the site to the west and is only located approximately 30m west of The Weighbridge so that the existing background noise levels are already fairly high. It is considered that the noise levels associated with the proposal would be unlikely to result in a noticeable increase above those existing. 116104364 1/0052-09 6 6.12 A desk based noise assessment was submitted as part of the application. This provides details of previous noise surveys for the A1(M) which indicate that background noise levels along sections of the A1(M) are typically between 55dB and 60dB LA90. In terms of site operations, the assessment states that the delivery/collection of waste and movement of waste within the site would produce noise levels of up to 51dB Laeq with the cumulative noise effect of proposed site operations (including vehicle movements) generating noise of up to 53dB laeq. This would be below the likely background noise levels associated with the A1(M). It is therefore considered that site operations would not result in any unacceptable increases in noise levels at the nearest residential property. However, it is considered appropriate to impose a condition requiring depositing, sorting and baling of waste to be restricted to within the existing building on site. Another condition would also be imposed as requested by North Herts District Council to restrict all site operations to the existing building and hardstanding on site. 7 Conclusions 7.1 The proposed recyclable waste bulking facility would be beneficial in terms of redirecting HGV traffic away from surrounding towns and onto a higher road hierarchy, The proposal would be appropriate within the rural area beyond the green belt by assisting in the continuation of kerbside waste collections. The proposal would not be visually intrusive nor encroach upon the surrounding countryside. Neither would it result in any unacceptable environmental impacts. 7.2 It is therefore recommended that the Director of Environment be authorised to grant planning permission subject to conditions to include: i) Time limit for implementation; ii) Hours of operation; iii) Control of dust; iv) Access improvements; v) Measures to prevent the deposit of mud and debris on the highway; vi) Restriction of site operations including depositing, sorting and baling of waste to be restricted to within the existing building on site; vii) Limit on maximum daily vehicle movements; viii)Scheme to dispose of contaminated surface water and foul water. 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 and Sub-Committees of the financial implications that may arise from a decision of the Committee. 116104364 1/0052-09 7 8.2 If a planning application is refused, is determined differently than applied for 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 reference 1/0000-09 Consultee responses Relevant policy documents as set out in paragraph 6.1 and summarised in Appendix 1. 116104364 1/0052-09 8 Appendix 1 – Relevant development plan policies POLICY WM1 – WASTE MANAGEMENT OBJECTIVES In implementing the overall vision and objectives of the Regional Spatial Strategy waste management policies should be based on the following objectives: To ensure timely and adequate provision of the facilities required for the recovery and disposal of the region’s waste and for the reducing quantum of wastes imported into the region; To minimise the impact of new development, particularly in the key centres of development and change, on regional waste management requirements; To minimise the environmental impact of waste management, including impacts arising from the movement of waste, and help secure the recovery and disposal of waste without endangering human health; To seek community support and participation in promoting responsible waste behaviour and approaches to management, viewing waste as a resource and maximising re-use, recycling, composting and energy recovery; and In determining proposals for planning permission to give weight to the particular locational needs of some types of waste management facility, together with the wider environmental and economic benefits of sustainable waste management. POLICY WM2 – WASTE MANAGEMENT TARGETS Challenging but achievable targets should be adopted by all authorities and commercial waste producers to minimise waste and provide the basis for implementing the overall aim of recycling, composting and recovering value from waste. The objectives are to eliminate the landfilling of untreated municipal and commercial waste by 2021 and secure at least the following minimum levels of recovery; Municipal waste – recovery of 50% at 2010 and 70% at 2015; Commercial and industrial waste – recovery of 72% at 2010 and 75% at 2015; The targets should be kept under review and extended beyond 2015 through the review of the RSS. 116104364 1/0052-09 9 POLICY WM4 – REGIONAL WASTE APPORTIONMENT In developing policies in their waste Local Development Documents, and when considering proposals for waste management facilities, waste planning authorities should take responsibility for waste arising within their own administrative areas. They should plan for the following quantities of waste (rounded figures), including provision to be made for imported waste in accordance with Policy WM3: ANNUAL TONAGES OF WASTE (1000 TONNES) TO BE MANAGED YEAR 2005/062010/11 Bedfordshire & Luton Cambridgeshire & Peterborough Essex & Southend Hertfordshire Norfolk Suffolk Thurrock Region 1450 2140 3150 2220 2090 1870 540 12680 2010/1 12015/1 6 1460 2190 2300 2360 2280 1950 510 13790 2015/162020/21 1620 2460 3670 2650 2580 2180 510 15170 For waste arising in the region no allowance has been made for waste residues from treatment processes. Waste development documents should assess the level of post treatment requiring further management and plan to manage these wastes. Collaboration with other areas or between waste planning authorities should be pursued where it provides benefits in land use and sustainability terms. POLICY WM8- ACTIONS FOR WASTE AUTHORITIES, WASTE COMPANIES AND OTHER PARTNERS When devising and operating waste management strategies, waste disposal and collection authorities and private sector waste companies should take into account the relationship between waste minimisation, waste collection and recycling/composting. Waste collection systems which aim to minimise waste at source should be adopted throughout the region, and separate collections of recyclable and compostable materials introduced. Waste disposal authorities should also adopt best practice, e.g. by ensuring that ‘bring sites’ and household waste recycling sites are widely available. All collection and recycling / composting schemes should be supported by a strong waste minimisation message. The Regional Assembly, EEDA and other partners should work to develop markets for recycled and recovered materials and products and to improve waste data quality. 116104364 1/0052-09 10 Hertfordshire Waste Local Plan 1991-2011 WASTE POLICY 1 – SUSTAINABLE DEVELOPMENT 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 – NEED FOR WASTE MANAGEMENT FACILITIES 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 13 – CRITERIA FOR FACILITIES FOR RE-USE, RECOVERY, RECYCLING, AND TRANSFER OF WASTE (EXCEPT GREEN WASTE COMPOSTING) OUTSIDE AREAS OF SEARCH Proposals for facilities to re-use, recover, transfer and recycle waste outside preferred areas of search, or for additional categories of waste management within the areas of search, will be permitted subject to compliance with waste policy 2 and provided the proposals: i) minimise impact on local or natural environments; ii) have or could secure ready access to the main road network, or a rail or water link, avoiding, as far as possible, major residential areas; iii) in the case of large plants, are where visual and landscape impact is not a critical issue; iv) serve Hertfordshire’s main population and employment areas; and v) are preferably on land falling into one of the following categories: a) land allocated for development, or subject to potential redevelopment, or on despoiled land; b) within or adjacent to existing waste management facilities such as household waste sites or waste transfer stations; 116104364 1/0052-09 11 c) d) within or adjacent to an established or proposed general industrial area (employment areas identified in district local plans with a significant proportion of b2/b8 uses or with major developments such as power stations); within or adjacent to compatible land uses such as local authority depots, open storage uses, sewage works and mineral processing plant (for the life of the plant in the case of temporary permissions or plant on mineral working sites). In all cases, proximity to existing and proposed residential areas will be taken into account. WASTE POLICY 43 - TRAFFIC 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. 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. 116104364 1/0052-09 12