COMMITTEE DATE: 28/11/2011
Application Reference:
11/0730
WARD:
DATE REGISTERED:
LOCAL PLAN ALLOCATION:
Ingthorpe
15/09/11
Industrial / Business Development Land
APPLICATION TYPE:
APPLICANT:
Full Planning Permission
Fylde Coast Metals Ltd
PROPOSAL:
Use of premises as metal recycling and processing centre.
LOCATION:
201 BRISTOL AVENUE, BLACKPOOL, FY2 0JF
------------------------------------------------------------------------------------------------------------------------Summary of Recommendation:
Refuse
CASE OFFICER
M Shaw
SITE DESCRIPTION
Single storey brick building with associated enclosed yard area positioned on the outside
corner of Bristol Avenue where it sweeps around towards the junction with Moor Park
Avenue. The site was formerly used as a dental laboratory which is classed within the Town
& Country Planning (Use Classes Order) as a B1 use (offices/research and development/light
industrial) which, by definition, can locate adjacent to residential property without having an
noticeable impact in terms of the activity or processes undertaken with regards to a number
of factors namely noise, smell, dust, vibration, fumes, smoke, soot, ash or grit.
The application site is adjoined by a three storey office building to the west and a single
storey building to the east occupied by the NHS although there are industrial premises
nearby elsewhere on Bristol Avenue including T Print. Bristol Avenue is also the site of the
Councils' Household Waste Recycling Centre. There is a public footpath running along the
eastern boundary of the site connecting Bristol Avenue and Pinewood Avenue
The application site is designated under Policy DE1 of the Blackpool Local Plan 2001-2016 as
being within a Main Industrial/Business Area where offices, research and development,
light/general industry and warehousing are acceptable although there are houses
immediately to the rear fronting Pinewood Avenue. The application site and nearby houses
do not directly abut but are separated by a landscaped area 15 metres wide. The nearest
houses are some 33 metres from the rear site boundary.
The Committee will have visited the site on 28th November 2011
DETAILS OF PROPOSAL
Continued use of this Council owned site as a metal re-cycling and processing site. It is
understood that the use commenced in May of this year, without planning permission, and
this application seeks to regularise matters. The site measures 25 metres x 37 metres and
other than a small area abutting Bristol Avenue most of the site area is enclosed with vehicle
access gates onto Bristol Avenue. The site comprises a single storey brick building with a
pitched roof along the western boundary with the remainder of the enclosed site area
measuring 14.5 metres x 32 metres being the 'scrapyard'. The former grassed areas either
side of the site access have been hardsurfaced to form 8 parking spaces.
The car parking area which was formerly within the curtilage of the site is now a scrapyard
where scrap metal is deposited and lifted into a skip using a large mechanical grabbing
machine which has then proceeded to compact the metal although the applicant states that
this compacting of the metal does not now take place. There are usually two skips within the
yard at any one time and these are located towards the front/side boundary. The yard area
is demarcated by a 1.8 metre high pallisade fence which has been covered over with a
screen and the fence has recently been topped with an anti-climb device giving a total
height of approximately 2.4 metres. A vehicle access opening has also been formed on the
side elevation of the building where wires and other smaller materials are processed and
weighed. There is a weighbridge within the building and a second, much larger weighbridge
in the yard area.
The applicant has submitted two supporting statements and a noise report. Following the
submission of the second supporting statement and the noise report the proposed hours of
business are now as follows:Monday to Friday 08:30 to 17:00
Saturday 09:00 to 13:00
Sundays and Bank Holidays- Closed
the first supporting statement sets out that the site will handle 1,000 tonnes of ferrous and
non-ferrous metals per annum. It is considered that the visual impact of the use is mitigated
by the high number of trees to the rear. Two vehicles can be unloaded at one time during
busy periods and containers are removed either Friday or Saturday taking 20 minutes to
complete. There are high levels of background noise from road traffic or other industrial
units and drivers are advised not to leave vehicles running idle when visiting the site.
Following a site meeting a second supporting statement was submitted to address concerns
raised to the planning application. It states drivers are advised not to park on double yellow
lines or in the entrance to adjoining premises. There are two large containers at the site
which have been re-located further from the houses to reduce noise, and one container is
removed daily, and the other container no more than twice weekly. 10-15 vehicles attend
the site during the normal working day and the yard is washed down on a daily basis. The
business carries out a number of contracts on behalf of the Council and Blackpool Coastal
Housing.
Following the service of an Abatement Notice in respect of noise nuisance by the Council
(dated 11 October 2011) the applicant has re-located the scrap handler to the south-east
perimeter of the yard, the two large containers have been relocated, adjustments made to
the engine of the scrap handler to reduce noise emissions. A new bonnet has been ordered
for the scrap handler which will reduce noise by up to 30%, staff instructed to lower metal
into the container with no compacting. The scrap handler will be used twice a day between
11-30 to 12-00 and between 15-30 to 16-00. A 3 metre high close boarded fence will be
erected to the north and east perimeter of the yard and painted green. The applicant is even
prepared to fully enclose the yard.
The applicant has also submitted a report from Sound Advice which states Bristol Avenue
whilst a through route is not particularly busy. The scrap handler will be used twice a day for
15 minutes each time. Typical background noise levels are 44db and the worst case noise
levels over a daytime hour would be between 52db and 54db. However these levels would
be present for very short periods, most of the time there would be no effect whatsoever,
although it would be prudent to reduce noise exposure with a solid barrier on the perimeter.
3 metres high would be most appropriate height reducing noise by 12-15db, thus noise
levels to dwellings would be reduced to 40-42db below background noise levels. If the above
recommendations are addressed there seems little reason from a noise aspect why planning
permission should not be granted.
MAIN PLANNING ISSUES
Principle of Use
Impact on Residential Amenity
Traffic Generation/ Car parking/ Servicing
Land Ownership/ Enforcement Issues
CONSULTATIONS
Head of Transportation - No objection although it was noted during a site visit that a skip
collection vehicle struggled to manoeuvre properly due to the width of the gate and lack of
space within the site. It may be better for the gate and access to be widened though this
would result in the loss of some forecourt parking. The collection of skips should be
restricted between 09:30 and 15:00 and a 'banksman' should be used to direct the vehicle
during the collections.
Head of Housing & Environmental Protection Services - During a site visit on 15th
September it was observed that part of the scrap metal handling process involved the use of
a mechanical grapple dropping various scrap metal into a large skip. In order to reduce the
bulk the scrap metal was then being hammered down by the claw of the grapple. The
applicants have been advised that the noise generated by this process amounted to a
statutory noise nuisance and that this method of working should not continue and that an
alternative method should be used.
The same process was observed on 4th October and was sufficient in amplitude and
duration to be a statutory noise nuisance, therefore on 11th October a noise abatement
notice was served under the Environmental Protection Act 1990. It is therefore considered
that this operation should not be allowed to continue and an objection is raised to this
application.
In response to the Sound Advice report it is unclear what types of activities were performed
during the hour measurement period and therefore it may not be representative. The worse
case readings are disputed and it is stated that complaints are likely to be received from the
level of activity undertaken at the time of measurement. The movement of scrap metal to
site inevitably creates vehicle noise but particularly impact noise that residents will
frequently experience. The scrap handler is an additional noise source and has been
witnessed to be compacting the scrap metal thereby creating noise and vibration. The
transfer of containers on and off site is also a noisy activity.
The provision of a barrier may have some effect in reducing some types of noise received at
the nearest dwellings but will not have the effect indicated in the report and is only based
on the noise assessment taken at the time. Even with the implementation of the
recommendations in the supporting statement it is recommended that the application be
refused due to its impact on residents.
PUBLICITY AND REPRESENTATIONS
Site Notice posted on 16th September 2011
Neighbours notified of application on 15th September, 27th September and 20th October
2011, letters were sent out in relation to the initial application submission to which a
number of objections were raised and then a re-notification was undertaken following the
submission of the supplementary supporting statement and a noise assessment. As a result
22 letters of objection and three petitions signed by 59 local residents/ business occupants.
One of the petitions is from Pinewood Avenue and the other two are from NST Travel who
occupy the offices next to the site. The letters of objection are from 50, 51, 52, 54, 58, 62, 66
Pinewood Avenue, 1 The Mews St Ann's (works locally), 9 Salt Marsh Lane, Poulton and two
letters where no address is given.
The objections are on the following grounds:
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the constant noise is a violation of residents' human rights, everyone should be able to
relax in their own homes and not be bombarded with constant noise.
they have been processing metal without permission which should stop immediately
often confronted early morning with skip lorries which obstruct other traffic causing
dangers for pedestrians and other motorists, in another instance a lorry reversed out of
the site nearly causing an accident. It is stated there is a road traffic accident waiting to
happen.
the adjoining NHS premises, which is a clinic for the visually impaired, has been used as a
turning facility for the scrap business
the noise can vary from constant banging, which is not just for 15 minutes twice a day as
reported, to creating very little noise, however it isn't just the noise it is the building
vibrating every time the grabber is used to smash down scrap metal.
there is also a back up of huge scrap trucks queuing to off load each morning. Vehicles
reverse in and out without a banksman.
these premises used to make dental parts and all of a sudden became a scrap metal yard
from first thing in the morning til last thing at night.
surely the size and location of the premises are unsuitable for this size of operation.
workers in the adjoining offices are regularly unable to hear customers whilst on the
telephone.
the previous occupants did not produce any noise and the business was entirely
undertaken inside the building.
the use often starts prior to 7am with the crane revving followed by banging and
crashing. This necessitates windows having to be closed, and often continues beyond
8pm.
the noise is often accompanied by vibration not dissimilar to earth tremors and may
affect property foundations.
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during recent southerly winds there has been a strong smell of fuel and oils.
the proposal is contrary to the 'Balanced and Healthy Communities' of the Local Plan.
BH3 states 'developments will not be permitted which would adversely affect the
amenity of those occupying residential accommodation by the use of and activity
associated with the proposed development.
it is understood Bristol Avenue was supposed to be quiet industry. Adjoining back
gardens can no longer be used to relax and the early starts and late finishes affect
children's sleep and one resident who works shifts.
the use has reduced the number of songbirds locally, and may have affected local bat
roosts and the hibernation of frogs and newts.
whilst the applicant claims the visual impacts are minimal this is far from the truth as
residents can see the large mechanical grab, huge skip and enormous piles of waste
including scrap cars. A few trees does little to conceal the unsightly processing centre
and it will be further exposed in autumn. As dark nights draw in any floodlights would
shine directly into adjoining houses.
the use has grown immensely over the last 5 months and there is concern about the
potential fire hazard so close to houses including oil/ petrol and diesel from the cars.
the appearance of this facility is a disgrace
some residents point out that there has not been a problem with the Waste Disposal
Site nearby and the attempted comparison is absurd.
the applicants cannot quote the Waste Management Duty of Care given that they have
been trading illegally
it is apparent that the use will not adhere to the World Health Organisations Guidelines
for Community Noise
there is no reference made by the applicants as to the potential impact on the new
Moor Park health and leisure facility in terms of the increased commercial traffic
the use will inevitably devalue adjoining homes.
there is constant noise as huge amounts of metal deposited from trucks onto the ground
is sorted then dumped into the skips
stray metal could cause serious injury given the public right of way running alongside the
site.
in response to the submitted statements
 the relocation of the scrap handler and the two skips a couple of feet from the original
position has made no difference.
 will reductions in the engine noise reduce its lifting capacity and hence take longer to
load the container?
 the noise of the scrap handler is not the relevant point it is the noise the scrap makes
when handled.
 the noise from the scrap handling process has not improved, it is felt that nothing could
be done to reduce noise to an acceptable level
 it is not in keeping with other businesses in the area and should never have been
allowed to operate so near to houses
 if scrap is not compounded then the containers are only part filled as it is not cost
worthy to the applicant.
 should permission be granted residents are worried the scrap handler will not be
confined to 15-20 minute periods.
 to erect a 3 metre high fence itself requires permission and a close boarded fence will be
visually detrimental.
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the washing down of the yard will surely use chemicals, are there drains in place to catch
the fluids?
there is concern regarding potential fire given the yard stores tyres and gas storage
bottles, not in the required cages.
in moving the scrap handler this has created a problem for adjoining offices disrupting
phone calls and meetings.
the scrap handler is still crushing and dumping.
a 10ft high perimeter fence would surely create unacceptable noise levels for people
working there.
the parking situation is crazy. Customers still leave heavy lorries parked on double
yellow lines and the Fylde Coast Metals own lorries are parked in dangerous positions
obstructing traffic because the yard is way too small.
the only solution is to place the business on a heavy industrial site away from residential
areas and public walkways. Horse riders use this route but the sudden noise could prove
fatal.
the fact that the noise calculations only relate to adjoining houses is pointed out and
should be re-calculated.
the noise calculations are also challenged based on the grab arm being used once per
hour, its used at least twice in the hour if it gets plenty of deliveries.
Three letters of support have been received to the proposal, one from 29 Beachwood Grove,
a second letter from an unknown address on Pinewood Avenue and the third from 18 Bristol
Avenue. It is stated by one supporter that they live within 100 yards of the site and have had
no problems with noise or vibrations. Times are hard due to the recession and the business
has brought much needed jobs to the area and there are too many unemployed as it is. The
third supporter from 18 Bristol Avenue and uses the site 3/4 times a week. He strongly
supports people who are trying and considers that it is a well run site. He also comments
about a man caught videoing the site from the pathway to the side.
NATIONAL PLANNING POLICY AND GUIDANCE
Planning Policy Statement 1- Delivering Sustainable Development
Planning Policy Statement 4- Planning for Sustainable Economic Growth
Planning Policy Statement 10- Planning for Sustainable Waste Management
Planning Policy Guidance 13 Transport
Planning Policy Guidance 24 Planning & Noise
EMERGING NATIONAL PLANNING POLICY
The Minister of State for Decentralisation (Mr. Greg Clark) issued a Statement 'Planning for
Growth' on the 23rd March 2011 which emphasises the Governments top priority to reform
the planning system to promote sustainable economic growth and jobs. The Chancellor
indicated that the forthcoming National Planning Policy Framework will expect local
planning authorities to plan positively for new development; to deal promptly and
favourably with applications that comply with up-to-date plans and national planning
policies.
The Draft National Planning Policy Framework states that the planning system should
promote strong, vibrant and healthy communities by creating a good quality built
environment, with accessible local services that reflect the community's needs and supports
its health and well-being (Consultation period ended 17th October 2011).
SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
BH3- Residential and Visitor Amenity
BH4- Public Health & Safety
DE1- Industrial and Business Land Provision
AS1- General Development Requirements
EMERGING PLANNING POLICY
Core Strategy Preferred Option (April 2010) S6- Employment Development and Economic Diversification
S7- Quality of Place
G5- Climate Change and Sustainable Development
ASSESSMENT
Principle of Use - the application is allocated within the Local Plan as a Main Industrial/
Business Area and within Policy DE1 which states that the permitted uses within this area
are offices, research/ development, light/ general industry and warehousing falling within
Use Classes B1, B2 and B8 of the Town & Country Planning (Use Classes) Oder 1987 as
amended. The proposal however involves a 'sui generis' use i.e.: having no specific use class
and therefore constituting a use on its own.
It is considered that a metal recycling and processing centre (it might also be described as a
scrapyard with associated building/ offices) is an industrial type of use usually best located
within a designated Main Industrial/Business Area subject to it being considered acceptable
in terms of all potential impacts. These impacts would include traffic generation, vehicle
access, car parking, visual impact, assessment the processes undertaken and the impact
upon residential amenity, due in this instance to the close proximity of houses on Pinewood
Avenue, arising from the noise generated by the business. It would usually be the case that
these impacts would be estimated based upon the application submission and experience of
other similar businesses although as this particular business has commenced in advance of
obtaining planning permission the impacts can therefore be readily be assessed.
Notwithstanding the fact that the applicant has indicated a willingness to adjust his business
activities to reduce its obvious impact on adjoining residential amenity this does not appear
to have happened on site given that the applicant has taken delivery of scrap vehicles on the
site contrary to his licence with Environment Agency, and also as indicated by the noise
abatement notice served by Environmental Protection colleagues relating to the compacting
of metal when deposited within the skip. Despite the application site being located within an
area allocated for industrial/ business use the operation of the proposed business on this
relatively small site and in this location adjacent to residential property and office uses is
considered unacceptable due principally to the excessive noise levels from the activities
being undertaken.
Impact on Residential/ Business Amenity - The business occupies a site with a relatively
small yard area measuring 14.5 x 32 metres and generates significant activity with regular
skip deliveries and collections, individual deliveries of scrap metal from domestic and
commercial vehicles, the weighing, processing and movement of the metal within the site,
and the depositing of the metal within the skip by the grabber vehicle ready for collection.
This depositing process itself generates a significant level of noise though this was/ is
compounded by the metal then being compacted by the grabber banging the metal to
create more space within the skip.
In visual terms the small yard area has a large mechanical grabber, two large skips, a
weighbridge and scrap metals deposited and then stored on the ground ready for putting
into the skips. This itself, as would be expected from any scrap business, is fairly unsightly to
adjoining residential property and also to adjoining office uses. However this visual impact is
exacerbated by the anti-climb device fitting to the top of the original pallisade fencing. There
are trees to the rear of the site offering some screening of the site. There is also a footpath
link between Bristol Avenue and Pinewood Avenue alongside the side boundary of the yard
area.
Whilst the Head of Transportation has commented that there are no objections to the
application, notwithstanding the comment that the gates would be better if widened, it is
considered that the vehicular activity to and from the site adds to the impact on the
amenities of the occupiers of the immediate area in terms of noise, disturbance and visual
intrusion.
Traffic Generation/Car Parking/ Servicing - the premises have 8 car parking spaces directly
outside the front of the yard, 4 spaces on either side of the access gates which are used by
staff and customers of the business. In addition to the 'domestic' type traffic are the
commercial vehicles delivering and collecting the skips and delivering larger items/amounts
of scrap metal, this has included scrap vehicles, although it is understood that the
Environment Agency licence prohibits the acceptance of scrap cars. The vehicles either
reverse into or reverse out of the yard area, given their size, and the limited space available
within the yard.
Bristol Avenue is a through route although does not appear to be a particularly busy road
though the business is located on the outside of the bend. Whilst the Head of Transportation
advises that there are no objections to the application in highway safety terms subject to a
restriction on the hours of skip collection and on the use of a banksman, the vehicular
activity adds to the impact on the amenity of the area.
Land Ownership/ Enforcement Issues - the Council owns the application site and the
applicant has a lease for the site. Under usual circumstances any refusal of planning
permission, where it is considered expedient to carry out enforcement action, would result
in action being taken against any persons with an interest in the land concerned. Effectively
in this instance this would mean that the Council would be enforcing against itself which is
not appropriate and therefore should this planning application be refused it is intended that
the cessation of the unauthorised use be pursued by the Council via the lease agreement.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
none
HUMAN RIGHTS ACT
Under Article eight and Article one of the first protocol to the Convention on Human Rights,
a person is entitled to the right to respect for private and family life, and the peaceful
enjoyment of his/her property. However, these rights are qualified in that they must be set
against the general interest and the protection of the rights and freedoms of others. There
are no specific human rights issues raised by this application
CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's general
duty, in all its functions, to have regard to community safety issues as required by section 17
of the Crime and Disorder Act 1998
ADDITIONAL BACKGROUND DOCUMENTS
none
Recommended Decision:
Refuse
Conditions and Reasons
1.
The use has a significantly detrimental impact on the amenities of the adjoining
residential and business occupants due to their close proximity to the application site, the
level of activity involved and cramped yard area, the volume and type of traffic
generated, the excessive noise levels involved in delivering metals to the site, processing,
handling and storing the metals and the collection of metals from the site, including the
operation of the scrap handling vehicle, and the visual intrusion of the yard area including
the boundary treatment. The issues are compounded by the fact that the majority of the
operations occur in the yard and not within the building
The use is therefore contrary to Policies AS1, BH3 and BH4 of the Blackpool Local Plan
2001-2016.
Advice Notes to Developer
Not applicable