HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
FRIDAY 18TH DECEMBER 2009 AT 2.00 PM
Agenda No.
1
HERTSMERE BOROUGH
APPLICATION FOR PROPOSED CHANGE OF USE OF LAND TO A
GREEN WASTE RECYCLING AND COMPOSTING OPERATION,
INCLUDING THE SITING OF TEMPORARY STRUCTURES INCLUDING
SKIP, MACHINERY, PORTALOO AND ERECTION OF A STEEL PORTAL
FRAMED BUILDING AT ELSTREE HILL SOUTH, ADJACENT TO A41
BYPASS, ELSTREE, HERTFORDSHIRE
Report of the Director of Environment and Commercial Services
Author:
Conor Guilfoyle Tel: 01992 588 670
Local Member: Caroline Clapper
1
Purpose of Report
3.2
To consider planning application ref. 0/1816-09 for a green waste
recycling and composting operation at Elstree Hill South, adjoining the
A41 roundabout at Elstree.
2
Summary
3.3
This application proposes a new green waste recycling and composting
operation, the siting of temporary structures including skip, machinery,
portaloo and erection of a steel portal framed building. The site is
located at Elstree Hill South, adjoining the A41 roundabout, and would
receive, chip and shred, and compost green waste. It is proposed that
200-250 tonnes of green waste (mostly wood) would be received onto
the site per day; 150-200 tonnes of this green waste would be
processed and delivered daily as bio-mass fuel to local power plants.
Access to the site would be via the A5183 between the two
roundabouts at the A41 junction. Heavy goods vehicles would be
restricted from travelling via Elstree crossroads due to an existing
weight restriction.
3.4
A maximum of 50 tonnes would be broken down into smaller particles
that would be too small to be used as bio-fuel. These shredded small
particles would be used for composting, and be exported by the same
landscape gardeners that would unload their green waste at the site.
This would result in the two elements of the site working together with
each other to ensure that all of the green waste is utilised to its full
potential, whilst minimising waste.
3.5
The proposed operating hours are 06.00 - 18:30 Monday to Saturday.
The chippers and shredders would operate between 08.00 - 16:30pm
Monday to Friday. The proposed operation would require 3-4 members
of staff. The proposal would generate192 HGV vehicle movements (96
in, and 96 out) per day, plus 8 daily vehicle movements for staff.
0/1816-09 (CM888)
1
2.4
The composting element of the proposal would replace an existing
composting facility nearby at Woodcock Hill Farm, Barnet Lane where
the land would be restored.
3.6
2.5
The principal issues to be taken into account in determining this
application are:







Green Belt;
specific Locational Advantages of the site and proposal;
need for proposal;
benefits of proposal to Hertfordshire;
impact on amenity;
air quality;
highways and Access
3
Conclusion
3.1
The proposal would constitute inappropriate development in the Green
Belt. Very special circumstances must therefore be demonstrated
which clearly outweigh any harm to the Green Belt and any other harm.
Such circumstances may be given considerable weight. The applicant
has cited wider environmental benefits, economic benefits, and specific
locational advantages of the proposal.
3.2
The wider environmental benefits would be that the proposal would
provide capacity for recycling of biomass and the composting of waste,
thereby pushing the waste up the hierarchy and avoiding landfill. This
would recover value from the waste. Combining a composting and
biomass recycling facility would enable a more economical operation
and maximises value gained by recovery from waste streams. A site
search of Hertfordshire highlighted this area of land in the south of
Hertfordshire. It has good access and proximity to the biomass plant at
Slough. The location would enable the continuity of the operation to be
relocated from Woodcock Hill and would enable both operations to take
place on the one site.
3.3
The relocation from Woodcock Hill Farm to Elstree Hill South provides
some clear advantages. These are that the Elstree Hill South site
would have less impact upon the amenity of residents and the
openness of the Green Belt than the existing operations at Woodcock
Hill Farm. The very special circumstances are the locational
advantages and wider environmental and economic advantages and
gains from the relocation of compost from Woodcock Farm to Elstree
Hill South which together outweigh the harm to the Green Belt and any
other harm.
3.4
Potential noise and odour impacts are considered minimal, particularly
in light of the proposal’s location adjacent to a busy roadway, its
0/1816-09 (CM888)
2
distance from the nearest residential properties, and the containment of
most activities inside the proposed building. It is considered that the
potential impacts of noise and dust could be sufficiently controlled by
conditions.
3.5
Air quality concerns are not considered significant given the weight
restriction preventing heavy goods vehicles travelling to and from the
site via Elstree crossroads, which is an Air Quality Management Area.
Additionally, it is considered that the risk from bio-aerosols is minimal.
This matter would nevertheless fall under the control of the
Environment Agency.
3.6
The report therefore concludes that subject to no intervention by the
Secretary of State, and subject to the conclusion of a legal agreement
to secure the cessation of composting activities by the applicant at
Woodcock Hill Farm, the Director of Environment and Commercial
Services should be authorised to grant planning permission for a green
waste recycling unit and composting operation at Elstree Hill South,
adjoining the A41 roundabout, Hertfordshire (application no. 1/1816-09)
subject to conditions to include:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Time Limit
Removal of Permitted Development rights
Hours of operation - 06.00am - 18.30 pm Monday to Saturday
with no operations on Sundays or Public and Bank Holidays,
except Sundays for emergency maintenance only.
Hours of operation of machinery including chippers, screeners,
and shredders - 08.00am - 16.30 pm Monday to Friday and
09:00 – 13:00 on Saturdays with no operations on Sundays, or
Public and Bank Holidays, except for emergency maintenance
only.
Permitted operations including limit on throughput of material
Limit on quantity and height of waste materials stored on site
Waste throughput
No more than 200 HGV vehicle movements per day.
Highway works including relocation of gates to be completed
prior to site coming into use.
Applicant to enter into Section 278 agreement to secure
highway works.
Landscaping scheme
Limit on noise levels
Erection of noise barrier
Vehicle register
Maintenance of machinery.
Detailed plan showing parking area for cars, HGVs, and other
vehicles, location of machinery, cabin, temporary structures,
and site layout
Details of foul and surface water drainage
Details of lighting
Details of dust suppression
0/1816-09 (CM888)
3
20.
21.
No retail sale of compost from the site
Site layout as per approved plan
0/1816-09 (CM888)
4
4 Description of the site and proposed development
4.2
The site is located at Elstree Hill South, adjoining the A41 roundabout.
The area is semi-rural in nature and within the Green Belt. The site is
bounded by the A5183 dual carriageway to the west from which access
is gained. A small section of the rest of the site outside the scope of
this application and covered in hardstanding lies to the south, and
agricultural land designated as green belt lies to the north and east and
south-east. The lawful use of the site is agricultural land.
4.3
The site covers an area of approximately two hectares (4.94 acres)
which is currently a mixture of hard surfacing, compacted ground, and
agricultural land including an area of recently planted trees and mostly
pastureland. Part of the site was previously used as a builder’s yard but
that use has now ceased following an enforcement notice requiring
removal of temporary structures, storage containers and portable
buildings. The other part of the site is agricultural land. An existing
building remains on northwest part of the site following a successful
appeal in December 2006. The existing hard surfacing also remains in
place in this area of the site. A gated site entrance off the A5183 is
located on the southwest of the site.
4.4
There is a substantial hedge on the Elstree Hill South road frontage.
Earth bunding with planting has been provided on the north and east
boundaries of the site. Planting of some trees which are at an early
stage of growth has also been carried out within the site, between the
areas proposed for the green waste recycling operation and that for the
composting operation. These trees would need to be removed to
accommodate the composting activities. In addition, some trees of
early stages of growth have been planted along north and north-east
boundaries of the agricultural land.
4.5
This application seeks a change of use to green waste recycling and
composting operation, the erection of temporary structures, and the
erection of a new steel portal framed building. The temporary structures
comprise of a portaloo, skip, machinery, and a site cabin. The new
building would house the screener, shredder, and chipper, and the
compost grading area. It would have a floor area of 2230 m2, a low roof
pitch of 10 degrees, and be clad with steel sheeting in a ‘goose wing
grey’ colour. The eaves height would be approximately 6 metres to
allow for vehicular access, with the ridge height at just over 10.6
metres. The existing building on the site would function as a workshop
and storage for spare parts.
4.6
Green waste material would be brought onto the site by 8-wheel HGVs,
lorries, and vans. The green waste would be sourced primarily from
landscape gardeners and landscapers in the south-west Hertfordshire
area. Loads would be recorded over a weigh bridge and recorded daily
in a log book. Approximately 200-250 tonnes of green waste would be
received at the site per day. The proposal is for 200 vehicle movements
per day (100 in and 100 out). Of these, 192 vehicle movements (96 in
and 96 out) would be large vehicles accessing the site. 4 staff vehicles
0/1816-09 (CM888)
5
would account for 8 daily vehicle movements (4 in and 4 out).
4.7
Processing would involve a shredder and chipper. The chipped and
shredded material would be passed through a screener, which would
remove any non-organic material such as small pieces of metal and
plastic, which would be discarded in skips located on the site.
4.8
The majority of processed waste would be delivered to local power
plants for use as bio-fuel to provide renewable energy. It is anticipated
that approximately 150-200 tonnes of green waste would be processed
daily as bio-mass fuel. As part of the process, some material would be
broken down into smaller particles called ‘finings’, which are too small
to be used for bio-fuel.
4.9
It is proposed that these finings (a maximum of 50 tonnes per day),
would be transferred over to the composting area of the site to be
composted, a process which takes a number of weeks.
4.10
A composting operation is currently carried out by the applicant on
another site, Woodcock Hill Farm, which is located approximately 1.5
miles from the application site, on Barnet Lane. This application
proposes to relocate this operation to the application site to operate
alongside the bio-fuel operation. Should this application be approved,
the applicant would enter into a legal agreement to this effect in order
to ensure the existing composting operation at Woodcock Hill Farm is
removed and the land restored.
4.11
When the compost is ready for use, it would be exported by the same
landscape gardeners that would unload their green waste at the site,
thereby requiring no additional vehicles for export of the compost.
4.12
Effectively, this would result in the two operations working together to
ensure that all of the green waste is utilised to its full potential, whilst
minimising wastage.
4.13
It is proposed that the hours of operation would be 06.00 - 18:30
Monday to Saturday. The proposed operation would require 3-4
members of staff.
0/1816-09 (CM888)
6
4.14
Planning History
ASDAS0/1853-09
Green waste recycling unit
APP/N1920/A/202521 Erection of Barn (Appeal)
TP/06/0348
TP/05/0296
Refused 19/05/09
Allowed 20/12/06
Temporary use for 1 year as drainage
contractors’ storage yard.
Refused 06/06/06
Erection of building for agricultural use
Refused 20/04/06
Enforcement appeal
Dismissed
i use of site for drainage storage
ii erection of over-height gates/fence
iii erection of portable buildings
iv formation of hard-standing
TP/03/0910
TP/03/0734
APP/N1920/A/20252
Retention of use of land for a drainage
contractor’s depot
Refused
Erection of single storey building
Refused 22/10/04
Erection of barn (Appeal)
Allowed 20/12/06
22/10/04
5 Consultations
5.2
Hertsmere Borough Council object to the proposal on the following
grounds;
1. The proposal would be inappropriate development in the Green Belt
for which no case of very special circumstances have been
demonstrated to overcome objection in principle to the loss of
openness and other harm. The development is thereby contrary to
C1 of the Hertsmere Local Plan (2003) and Policy CS12 of the
Emerging Core Strategy (December 2008)
2. Insufficient information has been submitted to demonstrate the
implications of the proposal for the scale, nature and management
of traffic movements on local roads. Due to the insufficient
information submitted the development appears that it may give rise
to unacceptable levels of waste traffic through the centre of Elstree
Village and along Barnet Lane. This would result in unacceptable
noise, dust and other disturbance to local residents and have
adverse impacts on the quality of the Conservation Area and listed
therein. The development would result in additional traffic coming
into the site due to the relocation of Woodcock Hill waste site with
possible adverse implications for Highway Safety. The development
would be contrary to Hertsmere Local Plan (2003) policies C4, C7,
0/1816-09 (CM888)
7
E16, E22, E2, M2 and M12 and policies CS21, CS12, and CS15 of
the emerging Core Strategy (December 2008).
3. Insufficient information has been submitted to demonstrate the
extent and scale of all the structure to be created on site, including
the lagoons and composting area, the boundary treatment of the
site or the scale, extent, methods and waste management on the
site. Based on the information submitted the development would
severely adversely be intrusive in the local landscape and would
potentially give rise to noise, dust and other disturbance to local
residents. The application is thereby contrary to Hertsmere Local
Plan (2004) policies C4, C7, D17, D19, E7 AND E8 as well as
policies CS12 and CS15 of the Emerging Core Strategy (2008).
5.3
Environmental Health at Hertsmere Borough Council has the following
comments to make:
Hertsmere Borough Council Environmental Health wish to bring to the
attention of Hertfordshire County Council the possible detrimental
impact this proposed site could have on the area, if planning
permission is approved for this development, due to the potential
increase in air pollution, noise and odour.
Composting does have the potential, where it is not properly controlled,
to cause environmental pollution, harm to human health and nuisance
through odours, leachate and potentially harmful bio aerosols.
5.4
Elstree and Borehamwood Town Council have not responded.
5.5
Elstree and Borehamwood Green Belt Society object to the proposal on
the following grounds:
 Daily large vehicle movements proposed are unacceptable at
Elstree Hill South and Elstree village crossroads, which is
already a congestion hotspot.
 Increased heavy vehicles would increase pollution, congestion,
and the risk of accidents and danger to pedestrians.
 Increased heavy vehicles would reduce quality of life and
destabilise adjacent buildings.
5.6
The Environment Agency does not object to the proposal subject to the
following condition:
No development approved by this planning permission shall be
commenced until a scheme for the surface and foul water drainage
system and details of the surfacing of the site have been submitted to
and approved in writing by the local planning authority.
0/1816-09 (CM888)
8
Reason:
In order to avoid any contaminated water posing risk of pollution to the
surrounding environment.
5.7
Hertfordshire County Council as Highway Authority - This proposal
includes the relocation of the Green Waste facility at the Woodcock Hill
Farm onto the application site. The Woodcock Hill site would be closed.
This means that there would be no more HGV traffic visiting Woodcock
Hill site and using Barnet Lane which is subject to an existing weight
restriction. There would be less HGV traffic using Barnet Lane and the
Elstree Hill crossroads
5.8
The proposed development would generate 200 two-way trips per day
with access from Elstree Hill South (A5183), between the Centennial
Park roundabout and North Western Avenue (A41) roundabout. The
location of the site provides good access to the main road network.
Therefore the highway authority does not wish to object to the proposal
subject to the above conditions:
1. There shall be no more than a total of 200 HGV vehicle
movements per day (100 in/100 out) of vehicles over 7.5 tonnes)
laden weight.
2. Before the development is brought into use the site access shall
be improved in accordance with the details shown on Drawing No
P542. (Figure 4C).
3. Before the development is brought into use any gates provided
are to be set back 20 metres from the back of the footway.
Reason for conditions:
1. To ensure that the adverse effect on highway safety, the
environment and amenity of the (residential area) through which
access is sought is minimised.
2. In the interest of highway safety.
3. So that vehicles can stand clear of the highway while the gates
are opened and closed in the interest of highway safety.
5.9
A total of 53 properties were consulted on the application and 5 letters
objecting to the application were received. The issues of concern can
be summarised as:
 Traffic congestion due to at Elstree crossroads and the
roundabout at Elstree Hill South resulting from proposed vehicle
movements.
 Increased traffic would increase accident risk, noise and dust.
 Detrimental noise, dust, and disturbance impacts on residential
amenity.
 Proposed hours of operation are excessive.
 Location within the Green Belt.
0/1816-09 (CM888)
9

5.10
Visual impact of steel portal framed building on the landscape.
Site notices were erected on 20th October 2009 and an advert placed in
the Herts Advertiser on 5th November 2009.
6 Planning considerations
6.2
The relevant development plan policies are:
East of England Plan (May 2008)
Policy WM2 (Waste Management Targets)
Policy WM4 (Regional Waste Apportionment)
Hertfordshire Waste Local Plan 1995- 1999 (adopted January 1999)
Waste Policy 1 (Sustainable Development)
Waste Policy 2 (Need for waste management facilities)
Waste Policy 3 (Waste minimisation and new developments)
Waste Policy 13 (Criteria for facilities for re-use, recovery, recycling and
transfer of waste (except green waste composting) outside areas of
search)
Waste Policy 14 (Green Waste Composting Outside Areas of Search)
Waste Policy 16 (Green Belt: Permanent facilities for re-use, recovery,
recycling and storage of waste at mineral, landfill and landraising sites)
Waste Policy 20 (Waste reduction facilities (Including Incineration))
Waste Policy 33 (Landscape Intrusion)
Waste Policy 40 (Noise)
Waste Policy 43 (Traffic)
Hertsmere Local Plan (adopted 2003)
Policy K1 (Sustainable Development)
Policy C1 (Green Belt)
Policy C3 (Reuse of Buildings in the Green Belt)
Policy C4 (Development Criteria in the Green Belt)
C15 (Farm and Countryside Diversification)
Policy D3 (Control of Development Drainage and Runoff
Considerations)
Policy D14 (Noisy Development)
Policy D17 (Pollution Control)
Policy D19 (Lighting Installations and Light Pollution)
Policy E7 (Trees and Hedgerows – Protection and Retention)
Policy E8 (Trees, Hedgerows and Development)
Policy D21 (Design and Setting of Development)
Policy M2 (Development and Movement)
Policy M12 (Highway Standards)
0/1816-09 (CM888)
10
6.3
The principal issues to be taken into account in determining this
application are:
 Green Belt;
 specific locational advantages of the site and proposal;
 need for proposal;
 benefits of proposal to Hertfordshire;
 impact on amenity;
 air quality;
 highways and Access
Green Belt.
6.4
This proposal is located within the Metropolitan Green Belt.
6.5
This application seeks a change of use of the barn (allowed on appeal
in 2006 as ancillary to agricultural use) to workshop and spare parts
storage, and for the site to be used as a green waste recycling and
composting site, with numerous temporary structures and a new
building on site. PPG 2 states that the development within the Green
Belt is inappropriate, unless it is for certain specified purposes. As this
proposal does not fall within any of the categories of exemption, it is, by
definition, considered to be inappropriate development. PPG 2 states
that very special circumstances to justify inappropriate development will
not exist unless the harm by reason of inappropriateness, and any
other harm, is clearly outweighed by other considerations.
6.6
Policy C1 of the Hertsmere Local Plan requires development proposals
within the Green Belt to be assessed in relation to the guidance set out
in section 3 of PPG2 ‘Control Over Development’. It states that ‘Very
special circumstances to justify inappropriate development will not exist
unless the harm by reason of inappropriateness, and any other harm, is
clearly outweighed by other considerations.’
6.7
Consideration of very special circumstances
6.8
National, regional and local policy seeks to move waste management
up the waste hierarchy and divert waste away from landfill except as a
last resort. Policy WM2 of the East of England Plan states that
“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”.
6.9
PPS10 ‘Planning for Sustainable Waste Management’. This states that
“planning authorities should, to the extent appropriate to their
responsibilities, prepare and deliver planning strategies that help
deliver sustainable development through driving waste management up
the waste hierarchy, addressing waste as a resource and looking to
disposal as the last option”.
6.10
By creating a bio-mass fuel and composting any residual material the
0/1816-09 (CM888)
11
proposal would contribute towards diverting material away from landfill.
However, in balancing the benefits of the proposal consideration also
needs to be given to the potential harm to the Green Belt in terms of
loss of openness and the extent to which this could be avoided.
6.11
In January 2007, a search was undertaken by the applicant’s planning
agent for suitable sites in Hertfordshire. Factors considered in
identifying a suitable site included: economic viability, location within
Hertfordshire, location with access to the primary road network,
availability for long term lease, flat site, minimum site area of 0.5
hectares. The site is considered by the applicant to meet these criteria.
Additionally, there is no requirement for the hardstanding on the site to
be removed. Therefore, this site is also suitable as it has already been
laid with a hardstanding and can continue to use this. The search
yielded five sites in Hertfordshire, however the site at Elstree Hill South
was scored by the applicant as the highest in terms of the
aforementioned criteria.
6.12
More recently, the applicant submitted a more comprehensive revised
site search. This explored 78 possible sites in Hertfordshire, against
requirements which include a relatively close location to the source of
waste arisings and the power plant to which the green waste would be
exported, and close proximity to a compositing site where the finings
by-product can be delivered. Again, the site at Elstree Hill South best
met these criteria, and was shown to comply with the proximity
principle, which states that waste should be managed as near as
possible to its place of production because of the environmental impact
of the transportation of waste.
6.13
The site assessment states that the proposal would not be
appropriately located in an urban site as it would conflict with the
adjacent land uses. It also states that a large proportion of non-urban
land in Hertfordshire is Green Belt, and the locational constraints and
highly urbanised southwest corner of Hertfordshire means a suitable
site outside of the Green Belt in this area could not be found.
Locational advantage of proposal:
6.14
One of the key planning objectives of PPS 10 states the need to
“protect green belts but recognise the particular locational needs of
some types of waste management facilities when…determining
planning applications, that these locational needs, together with the
wider environmental and economic benefits of sustainable waste
management, are material considerations that should be given
significant weight in determining whether proposals should be given
planning permission”. In assessing site suitability for development, PPS
10 states that “the capacity of existing and potential transport
infrastructure to support the sustainable movement of waste, and
products arising from resource recovery…” should be taken into
account.
6.15
An outline of the locational advantages of the site has been made by
the applicant through the inclusion of a search of suitable sites, which
0/1816-09 (CM888)
12
suggests that this application site scores best according to the search
criteria. This site was partly chosen on the basis that it would be large
enough to support both the production of bio-fuel and the composting
operations.
6.16
Given that the bio-fuel is to be exported to the power plant in Slough,
the site is well placed adjacent to the M1 and M25 motorways and A41
road giving ready and easy access to the road network.
6.17
It is considered that the above points demonstrate that the locational
advantage of this site is of sufficient weight that it could constitute very
special circumstances. However, these would need to be weighed
against any other harm to justify this proposal in the Green Belt.
Need for proposal
6.18
There are two other wood chip production sites in Hertfordshire. One is
situated in East Hertfordshire and deals primarily with palletts. The
other currently operates near St. Albans, taking in mixed wood waste.
This proposal would contribute towards meeting existing and future
deficiencies by recycling landscape waste arisings from within
Hertfordshire.
6.19
Demand for a site such as this has already been demonstrated by the
continuing use at Woodcock Hill Farm, which this site would replace.
Accordingly, this application would continue to meet an existing
deficiency in dealing with wood waste in the county. It is considered
that the location of this site is preferable to that at Woodcock Hill Farm,
given its good road access, it is well screened, and is located in the
same broad areas as a major employment site (Centennial Park). In
accordance with Waste Policies 1 and 2, this need, combined with
managing waste further up the waste hierarchy, can be considered a
very special circumstance.
6.20
In addition to providing a better location for composting, this proposal
presents an opportunity to derive energy from wood waste by
producing biomass fuel in the form of wood chips. It would provide a
renewable source of energy as biomass fuel which contributes towards
government renewable energy and emissions targets.
6.21
The applicant has indicated that the waste arisings are likely to arise
within a 10 mile radius of the site, which would include parts of London,
given the site’s location close to the county boundary. Given that there
will inevitably be some movement of waste across administrative
boundaries, consideration has been given as to whether it would be
appropriate to include a condition requiring the source of the waste to
be identified and limited to a reasonable percentage from Hertfordshire.
However, in light of the likely throughput of waste, having regard to the
proximity principle and the likely limit on distance that this type of waste
would travel it is considered that this would be not be reasonable.
0/1816-09 (CM888)
13
Impact on openness of the Green Belt
6.22
The site is surrounded by dense evergreen planting forming hedging
along the highway boundary which shields the site from view from the
highway and partly from the residential properties on Sullivan Way.
Additionally, a raised area of established trees form a well developed
screen on the north part of the site which faces towards the properties
of Elstree Hill, and some newly established trees form a boundary
treatment to the north east and eastern part of the site on the open
grassland portion of the site. The southern boundary of the site is well
screened by mature, established landscaping which bounds the M1.
6.23
Waste Policy 16 of the Hertfordshire Waste Plan states that “the use of
land in the Green Belt for the re-use, recovery, recycling and storage of
waste will not be permitted unless it maintains openness and does not
conflict with the purposes of including land in the Green Belt”. Given
the existing hardstanding in place, and the established boundary
treatments to the site, the proposal‘s impact on openness would be
mitigated. In addition, it is considered that a landscaping scheme could
be required which could effectively further reduce the impact of the
proposed activities on openness.
6.24
Notwithstanding this, while the hardstanding may already exist, the
proposed activities to take place on it currently do not exist on the site.
The majority of these activities would take place inside a newly
constructed steel portal framed building. Therefore, in terms of the
recycling operation, it is the building which would cause the greater
impact upon the openness of the Green Belt, rather than the green
waste recycling activities themselves.
6.25
Whilst the construction of the building and proposed activities that
would take place inside may impact on the openness of the Green Belt,
this needs to be weighed against the presence of well established
landscaping at the site. This is in line with parts (i), (iv) and (v) of policy
C4 of the Hertsmere Local Plan. Additionally, Policy D21 of the
Hertsmere Local Plan requires proposals to “retain, enhance or create
spaces, views, landmarks or other townscape and landscape features
which make a material contribution to the character of the area” and
“not impact adversely on prominent ridge lines, or other important
topographical, ecological or landscape features”. It is considered that
the proposal accords with this policy. The site is situated downhill from
Elstree adjacent to the M1 motorway and A41, and is partially enclosed
by well established landscaping on the western side of the site, and
more open in character on the eastern side of the site where the
composting element of the proposal would be located. The surrounding
landscape is more prominent as it is open in nature and gently rolls
uphill towards Barnet Lane.
6.26
The building is proposed to be ‘goose wing grey’ in colour to reduce the
visual impact on the surrounding landscape. Unlike the existing building
on the site, allowed on appeal, the proposed building would not be
considered ancillary to agricultural use. Whilst the building is
nevertheless of substantial size and dominance, it is considered that
0/1816-09 (CM888)
14
the low roof profile and colour treatment would minimise this impact as
much as possible. In addition, it would be located within the northwestern corner of the site, amongst well established landscaping and a
buffer of trees. It is therefore considered that this building would not
significantly damage the character of openness of the wider area of
Green Belt.
6.27
In terms of impact upon the Green Belt, it is considered that the
advantages of the building housing the recycling activities, in
comparison to such activities taking place in the open, outweigh the
harm caused to the openness of the Green Belt by containing the
visual and audible impacts from machinery.
6.28
The impact of the composting operation on the openness of the Green
Belt primarily focuses on visual considerations, as the composting
windrows themselves would be low profile and unobtrusive in nature.
Indeed, composting activities may be viewed as not particularly out of
place in rural land, particularly in times of increasing diversification.
However, the operations would require maturing compost to be
stockpiled. There is existing boundary planting around the composted
area to the north and east. Stockpiles of material can normally be
adequately managed by way of a planning condition limiting their
height. With an adequate landscaping scheme, in addition to the
existing vegetation to the southern boundary, it is considered that the
composting activities could be well screened by vegetation which is
sympathetic to the local area and landscape character. This is
therefore also considered to accord with policies C4 and D21.
6.29
Consideration is also given to the relocation of composting activities
from Woodcock Hill Farm to this site and restoration of the land. This
equates to the offsetting of approximately 0.9 hectares of Green Belt
land at Woodcock Hill Farm to contribute towards the ‘open’ character
of the Green Belt.
6.30
The application site at Elstree Hill South is approximately 2 hectares
including both the recycling and composting elements of the proposal,
and a significant amount of leftover land. It is considered that in
addition to the potential of landscaping, the areas of ‘leftover’ land in
this proposal would also help to mitigate the impacts of the composting
and recycling operations upon the openness of the Green Belt, and
retain the open character of the area. A condition could be imposed
requiring certain areas of the site not proposed to be used for recycling
or composting activities, to be kept free from use.
6.31
Notwithstanding this consideration, this special circumstance, along
with others, would need to be weighed against any other harm when
evaluating this proposal.
Impact on amenity: Noise
6.32
Residents from the nearest homes are concerned that noise emanating
from the machinery in the proposed operation would be unpleasant,
intrusive, and harmful to the enjoyment and amenity of their homes and
0/1816-09 (CM888)
15
gardens. Additionally, residents are concerned that the proposed 06.00
start of operations would cause a disturbance in the early hours of the
morning.
6.33
Waste Policy 40 in the Hertfordshire Waste Local Plan sets out the
framework for assessing noise implications of such proposals. It states
that where a proposal is likely to cause significant noise intrusion to
existing 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
6.34
Accordingly, the main issues to consider here are;
1)
The significance of noise generation associated with the
proposal,
2)
Whether the noise generated by the proposal would be harmful to
the amenity of the nearest residential properties, and whether any
such harm can be mitigated by way of condition.
6.35
Policy D14 of the Hertsmere Local Plan requires regard to be had to
the cumulative impact of noisy development, the time and nature of the
noise and the character of the surrounding area. The noise generated
by the proposal would mainly originate from the machinery and
equipment, notably the chipper, shredder, screener, loading shovels
and excavators, and to a lesser extent, vehicle movements associated
with the proposal. In terms of the cumulative impact, it could be argued
that the noise generated by the machinery would be ‘cancelled out’, to
some degree, by the traffic noise of the area.
6.36
With regard to Policy D14’s reference to the character of the
surrounding area, the site is located adjacent to two busy roundabouts,
very close to the M1 motorway, opposite a petrol filling station and in
near proximity to Centennial Park employment estate. Therefore, it is
considered that this area at Elstree Hill South is already one of
significant traffic generation and associated noise from such activity.
The nearest residents, notably those on Elstree Hill, and residents of
Sullivan Way already live close to this area with the noisy M1 corridor
and A41 road close by.
6.37
Notwithstanding this, the applicant commissioned an independent
acoustic assessment to be carried out to show that noise levels
resulting from the proposal would not be a source of noise nuisance at
nearby dwellings. The site was assessed with regard to BS 4142: 1997
‘Method for rating industrial noise affecting mixed residential and
industrial areas’. It was determined that a 3 metre noise barrier should
be erected around the northern parts of the site boundary, to reduce
noise emissions. The rating noise levels of the proposed site plant and
activities, with the provision of the noise barrier as a remedial measure,
are predicted to be 3 decibels below the worst-case background noise
levels. This indicated that the likelihood of complaints due to operation
of the site would be assessed as being unlikely, particularly as the
measurements were undertaken at all points assuming worst-case
0/1816-09 (CM888)
16
noise levels.
6.38
However, it is worth bearing in mind that some measurements were
taken in conditions very different to those in which the equipment is
proposed to be used on this site, and various assumptions had to be
made to correct the noise levels from an indoor to an outdoor scenario.
However, noise levels for equipment are provided by the equipment
manufacturer, and these are in line with levels reported for equipment
by other manufacturers. Additionally, comparison of the current and
‘with proposal’ road traffic noise levels affecting 1 Sullivan Way have
indicated increased noise levels of no more than 0.2 decibels in both
day and night periods. Such increases would be imperceptible and
therefore the predicted additional 200 vehicles resulting from this
development are deemed not to have a detrimental impact on day-time
or night-time road traffic noise levels on Elstree Hill South or at Sullivan
Way.
6.39
The nearest residential garden is approximately 123 metres from the
proposal, and the nearest house is approximately 135 metres from the
green waste element of the proposal. As a minimum distance, and with
other residents located further away from the proposal, any noise
emanating from the site would be located a reasonable distance away
from the houses.
6.40
In light of the existing traffic noise and the findings of the acoustic
report, noise from the site operations would not be considered to be
harmful to the amenity of the nearest residential properties. As a
precautionary measure however, and in line with Waste Policy 40, and
Policy D14 of the Hertsmere Local Plan, it is considered any noise
problem could be adequately controlled by condition. In particular, the
concerns over operating hours, particularly at early mornings, could be
addressed by way of a condition on hours of operation for the site,
which also contains specific hours of operation for the shredding and
chipping equipment.
Impact on amenity: Dust
6.41
Some consultation responses cited dust as a concern. The proposal
would involve the importation of mostly moist waste, such as wood
chippings. However, the operations proposed would nevertheless be
likely to produce some dust. As the chipping and other activities would
take place under the cover of the proposed building, it is considered
that the spread of dust would be kept to a minimum. Nevertheless, in
line with Policy 43 of the Hertfordshire Waste Local Plan, a condition to
prevent dust is recommended. Such a condition should mitigate the
dust threat to the nearest properties.
Impact on amenity: Odour
6.42
Whilst numerous letters received from the nearest residents expressed
concern that unpleasant odour would be generated from the proposal,
this is unlikely. The activities on site would process existing green
waste, most of which would be wood, which should not usually cause
0/1816-09 (CM888)
17
significant odour. Such activities would take place within a building thus
shielding them from wind which could carry odour.
6.43
It is recognised that composting sites by their very nature do involve a
certain level of odour. The existing composting operations at Woodcock
Hill Farm have attracted a number of complaints in the past from
nearby residential areas. However, the proposed composting operation
on this application site would lie 195 metres from the nearest
residential property, with the majority being over 250 metres away.
The nature of the composting operation means that odours are not very
strong. In addition to lying a significant distance from the nearest
residential properties, the site is well shielded by vegetation and
topography, being downhill from the nearest residential dwellings.
Therefore, it is considered that odour generation at the proposal would
be minimal, and would not result in adverse effects upon the nearest
residential areas.
Highways and access
6.44
The proposal seeks 200 vehicle movements per day. There is an
existing vehicular access off Elstree Hill South (A5183) for which the
Highway Authority has requested alterations be made to incorporate a
larger kerb radii and to set back the gates to the site. The site access is
located between two roundabouts on a short stretch of the dual
carriageway of the A5183 which benefits the proposal as it would
provide a self-regulating one way traffic flow.
6.45
Objections have citied highway capacity and safety issues as a
concern, notably at Elstree crossroads. However, the Highway
Authority has no objection to the proposed vehicle numbers or access
arrangements in terms of highway capacity and safety. Therefore, the
proposal is in compliance of Policies M2 and M12 of the Hertsmere
Local Plan. The highway arrangements are also in compliance with
Waste policy 1 as the proposed use is on a site which would minimise
congestion due to it’s proximity to the A41 and M1 motorway.
6.46
The existing vehicle movements associated with the composting
operations at Woodcock Hill Farm are exempt from a vehicle weight
limit on Barnet Lane, as the farm lies within the weight limit zone.
Therefore, such movements currently contribute to the congestion
experienced at Elstree crossroads. Heavy goods vehicle movements
associated with this proposal would not be exempt from the weight
limit, as the site lies outside the weight limit zone, and therefore any
such movements would need to travel to and from the site via the A41
roundabout. This accords with Waste Polices 13 (Part II) and 43 of the
Hertfordshire Waste Local Plan which requires such proposed facilities
to have ready access to the main road network in order to avoid major
residential areas. The proposal would therefore result in an
improvement on the Elstree crossroads.
6.47
As the highway authority do not see reason to object to the proposal in
terms of capacity and safety, the ready access to the primary road
network complies with relevant policies, and the proposal would
0/1816-09 (CM888)
18
eliminate the Elstree crossroads as a route for heavy goods vehicles
relating to composting operations, it is considered that the proposal is
acceptable in terms of highway impacts
Potential impact on air quality
6.48
Concern was raised that composting does have the potential, where it
is not properly controlled, to cause environmental pollution, including,
but not exclusively, to human health through potentially harmful bio
aerosols, and also from leachate. Concern was also raised relating to
the air quality management area at Elstree crossroads.
6.49
Bio-aerosols resulting from the turning of the compost may become airborne and it is considered that the risk is worth investigating if the
composting activities are carried out within 250 metres of residential
dwellings. A number of dwellings fall within 250 metres of the site and
therefore it has been recommended by Environmental Health at
Hertsmere Borough Council that a bio-aerosol risk assessment is
carried out at the planning application stage in order to impose
conditions to alleviate any identified hazards. However, this matter is
normally dealt with by the Environment Agency under the
environmental permit regime. If permission is granted for this proposal,
the applicant would be required to apply for such a permit before
operations could take place. The Environment Agency would require a
risk assessment to be carried out and the results taken into account,
before making a decision.
6.50
Hertsmere Borough Council recognises the issue of congestion at
Elstree crossroads in their consultation response, highlighting the air
quality management area here. They have requested that if permission
is granted, a condition in the form of a ‘route management system’ is
put in place. Such a condition is not considered reasonable or
necessary as, the movements associated with the current operations at
Woodcock Hill Farm would cease and movements associated with this
proposal would have to avoid the Elstree crossroads.
6.51
In terms of air quality, it is therefore considered that this proposal would
at worst result in no additional pollution at the air quality management
area at Elstree crossroads, and quite likely reduce the existing pollution
levels through the removal of existing heavy goods vehicles
movements at the crossroads associated with the current Woodcock
Hill Farm operation.
7 Conclusions
7.1
The proposal would constitute inappropriate development in the Green
Belt. Very special circumstances must therefore be demonstrated
which clearly outweigh any harm to the Green Belt and any other harm.
Such circumstances may be given considerable weight. The applicant
has cited wider environmental benefits, economic benefits, and specific
locational advantages of the proposal.
0/1816-09 (CM888)
19
7.2
The wider environmental benefits would be that the proposal would
provide capacity for recycling of biomass and the composting of waste,
thereby pushing the waste up the hierarchy and avoiding landfill. This
would recover value from the waste. Combining a composting and
biomass recycling facility would enable a more economical operation
and maximises value gained by recovery from waste streams. A site
search of Hertfordshire highlighted this area of land in the south of
Hertfordshire. It has good access and proximity to the biomass plant at
Slough. The location would enable the continuity of the operation to be
relocated from Woodcock Hill and would enable both operations to take
place on the one site.
7.3
The relocation from Woodcock Hill Farm to Elstree Hill South provides
some clear advantages. These are that the Elstree Hill South site
would have less impact upon the amenity of residents and the
openness of the Green Belt than the existing operations at Woodcock
Hill Farm. The very special circumstances are the locational
advantages and wider environmental and economic advantages and
gains from the relocation of compost from Woodcock Farm to Elstree
Hill South which together outweigh the harm to the Green Belt and any
other harm.
7.4
Potential noise and odour impacts are considered minimal, particularly
in light of the proposal’s location adjacent to a busy roadway, its
distance from the nearest residential properties, and the containment of
most activities inside the proposed building. It is considered that the
potential impacts of noise and dust could be sufficiently controlled by
conditions.
7.5
Air quality concerns are not considered significant given the weight
restriction preventing heavy goods vehicles travelling to and from the
site via Elstree crossroads, which is an Air Quality Management Area.
Additionally, it is considered that the risk from bio-aerosols is minimal.
This matter would nevertheless fall under the control of the
Environment Agency.
7.6
The report therefore concludes that subject to no intervention by the
Secretary of State, and subject to the conclusion of a legal agreement
to secure the cessation of composting activities by the applicant at
Woodcock Hill Farm, the Director of Environment and Commercial
Services should be authorised to grant planning permission for a green
waste recycling unit and composting operation at Elstree Hill South,
adjoining the A41 roundabout, Hertfordshire (application no. 1/1816-09)
subject to conditions to include:
1. Time Limit
2. Removal of Permitted Development rights
3. Hours of operation - 06.00am - 18.30 pm Monday to Saturday
with no operations on Sundays or Public and Bank Holidays,
except Sundays for emergency maintenance only.
0/1816-09 (CM888)
20
4. Hours of operation of machinery including chippers, screeners,
and shredders - 08.00am - 16.30 pm Monday to Friday and 09:00
– 13:00 on Saturdays with no operations on, Sundays, or Public
and Bank Holidays, except for emergency maintenance only.
5. Permitted operations including limit on throughput of material
6. Limit on quantity and height of waste materials stored on site
7. Waste throughput
8. No more than 200 HGV vehicle movements per day.
9. Highway works including relocation of gates to be completed prior
to site coming into use.
10. Applicant to enter into Section 278 agreement to secure highway
works.
11. Landscaping scheme
12. Limit on noise levels
13. Erection of noise barrier
14. Vehicle register
15. Maintenance of machinery.
16. Detailed plan showing parking area for cars, HGVs, and other
vehicles, location of machinery, cabin, temporary structures, and
site layout
17. Details of foul and surface water drainage
18. Details of lighting
19. Details of dust suppression
20. No retail sale of compost from the site
21. Site layout as per approved plan
8 Financial Implications
8.2
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.
8.3
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 1/1816-09
Consultee responses
East of England Plan (May 2008)
Hertfordshire Waste Local Plan 1995-2005
0/1816-09 (CM888)
21
Hertsmere Local Plan 2003
Hertfordshire Waste Core Strategy
PPG 2: Green Belts
PPS 10: Planning for Sustainable Waste Management.
PPS22: Renewable Energy
PPS23: Planning and Pollution Control
0/1816-09 (CM888)
22
Appendix 1 – Relevant development plan policies
Hertfordshire Waste Local Plan 1995- 1999 (adopted January 1999)
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 3 – WASTE MINIMISATION AND NEW DEVELOPMENTS
In considering proposals for development, (including re-development), the
County Council will have regard to the volumes and types of waste generated
by the development during construction and subsequent occupation and the
measures proposed to:
(I)
(II)
(III)
Minimise, re-use and recycle waste;
Minimise the pollution potential of unavoidable waste; and
Dispose of unavoidable waste
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:
0/1816-09 (CM888)
23
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;
c)
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);
d)
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 14 – GREEN WASTE COMPOSTING OUTSIDE AREAS
OF SEARCH
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 16 – PERMANENT FACILITIES FOR RE-USE,
RECOVERY, RECYCLING AND STORAGE OF WASTE AT MINERAL,
LANDFILL AND LANDRAISING SITES
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.
0/1816-09 (CM888)
24
WASTE POLICY 20 – WASTE REDUCTION FACILITIES (INCLUDING
INCINERATION)
When considering planning applications for waste reduction facilities
(including incinerators), including those handling agricultural and forestry
wastes, the County Council will encourage associated proposals for energy
recovery.
WASTE POLICY 33 – LANDSCAPE INSTRUSION
The impact of all applications for waste management facilities on the
landscape will be considered, and planning permission may be refused on the
grounds of significant landscape intrusion and loss of important landscapes,
permission may be withheld where natural regeneration forms and attractive
landscape feature. Within landscape conservation areas, planning
applications and associated landscaping and restoration schemes will be
expected to include proposals which will result in a landscape which at least
matches the existing quality of the area and preferably offers clear benefits
and improvements to it. Landscape improvement measures will also be
expected elsewhere, particularly within landscape development areas.
The likely visual intrusion during operations will also be considered. The
provision of quick, effective tree and/or shrub screens should be undertaken
on an around sites, where appropriate, prior to the commencement of
development and (in the case of a large scale project involving filling of
mineral void or raising level of land) during the operations. Although native
trees and shrub species will be normally be expected, species appropriate to
the local landscape will be required in all cases.
WASTE POLICY 40 - NOISE
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;

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;
0/1816-09 (CM888)
25

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
arrangements.
noise
control and
monitoring
and
liaison
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.
0/1816-09 (CM888)
26
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.
Hertsmere Local Plan (adopted 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 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 C3: Reuse of Buildings in the Green Belt
Planning permission will not be granted for the reuse and adaptation of
buildings in the Green Belt unless the proposed development complies with
Policy C1.
Where planning permission is granted conditions may be imposed to prevent
open storage, extensive hardstanding or car parking or the erection of new
means of enclosure that would be detrimental to the visual amenity of the
surrounding area.
Planning permission will only be granted to reuse and convert a building in the
Green Belt for residential use if, in addition to compliance with the criteria for
reuse in PPG2, evidence is submitted to demonstrate that:
0/1816-09 (CM888)
27
(i) every reasonable attempt has been made to secure a suitable nonresidential reuse for the building; or
(ii) the residential conversion is only a subordinate part of a scheme for reuse
in accordance with this policy; or
(iii) residential conversion is the most appropriate use for the building.
Planning permission will not be granted for the reuse of a building constructed
under agricultural permitted development rights within ten years of its
substantial completion unless the applicant can demonstrate that the building
has been genuinely used for agriculture, is no longer required for that purpose
and would not lead to further pressure for additional farm related buildings.
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;
(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 C15: Farm and Countryside Diversification
The diversification of farm enterprises will be permitted, provided that:(i) where relevant, the proposal retains existing, or provides additional
or alternative employment;
(ii) the proposal has no material detrimental effect on the landscape,
residential amenity, archaeological interests, ecological interests,
the highway network or other resources;
(iii) the proposal does not involve the permanent loss of agricultural land of
Grades 1, 2 and 3a unless it can be demonstrated that there is no other site
suitable and clearly available for the particular purpose and the advantages of
the proposal outweigh all other material considerations
0/1816-09 (CM888)
28
Policy D3: Control of Development Drainage and Runoff Considerations
Planning permission will not be granted for development within areas at
risk of flooding unless it incorporates appropriate flood protection
measures. Where development is proposed in an area at risk of flooding a
detailed drainage impact study will be required from the applicant to assess
any increase in risk of flooding. A drainage impact study may also be required
where the development is not in an area at risk of flooding but where a risk
might be created as a consequence of the development. The development will
be refused if it is considered it would unduly increase the risk of flooding.
Policy D14: Noisy Development
New development involving noisy activities should be sited away from noisesensitive land uses. Regard will be paid to the cumulative impact of noisy
development, the time and nature of the noise and the character of the
surrounding area. In particular there is a need to ensure that residential
properties, and nature conservation sites, are protected from the impact of
undue noise levels. Where planning permission is granted appropriate
conditions may be imposed to control the level of noise emitted.
Policy D17: Pollution Control
Planning Permission will be refused for development in locations where:(i) there is a potential health risk to the occupiers of the proposed
development as a result of the land being contaminated, or
pollutants being emitted from land or existing premises in the
vicinity; or
(ii) it could give rise to unacceptable levels and types of pollution
which would adversely affect the use of other land, natural
resources or the environment in general.
Policy D19: Lighting Installations and Light Pollution
In order to minimise light pollution, external lighting scheme proposals,
including floodlighting, will only be approved where it can be
demonstrated that:
(i) the scheme proposed is the minimum needed for security and/or
operational purposes;
(ii) it minimises the potential pollution from glare and light spillage;
(iii) there would be no adverse impact on residential amenity;
(iv) there would be no adverse impact on the character or openness of
the Green Belt;
(v) it would not adversely affect ecological interests; and
(vi) there would be no dazzling or distraction of drivers using nearby
roads.
Policy D21: Design and Setting of Development
Development proposals must:
(i)respect or improve the character of their surroundings and adjacent
properties in terms of scale, massing, materials, layout, bulk and height;
0/1816-09 (CM888)
29
(ii)retain, enhance or create spaces, views, landmarks or other townscape and
landscape features which make a material contribution to the character of the
area;
(iii)not impact adversely on prominent ridge lines, or other important
topographical, ecological or landscape features; and
(iv)create safe and accessible environments.
Policy E7: Trees and Hedgerows – Protection and Retention
Tree Preservation Orders will be made to ensure that existing trees, or
groups of trees, which are healthy and contribute to the amenity of the
area, are retained and protected. When permission is given to remove
existing trees subject to Tree Preservation Orders replacement planting
will be required. The Council will also use its powers under the Hedgerow
Regulations 1997 (and any successive legislation) to protect hedgerows.
Planning permission will be refused for development which would result
in the loss, or likely loss, of any healthy trees and/or hedgerows which
make a valuable contribution to the amenity of the area in which they are
located unless the benefits of the proposed development outweigh the
amenity value of the tree and/or hedgerow. If development is approved
which would result in the removal of trees and/or hedgerows, equivalent
and appropriate replacement planting will be required.
Policy E8: Trees, Hedgerows and Development
On development sites where existing trees and/or hedgerows are to be
retained and/or new planting provided it will be a requirement that:(i) the proposals provide sufficient space between trees and/or
hedgerows and buildings, roads/footpaths and parking areas to
enable the implementation of the development to take place without
affecting the existing and proposed landscape features and ensure
that their health is not endangered by water deprivation;
(ii) existing trees, which are removed to enable the development to take
place, are replaced by two trees for every one removed within the
landscape scheme for the site. Adequate attention shall be given to
the species and the spaces required for these trees to mature within
the overall layout of the development. Appropriate replacement
planting will also be required for any hedgerows which are removed
to enable the development to take place;
(iii) the location of all site works including storage of materials and the
location of services (i.e. gas, electricity, water, drainage,
communications cables) shall not directly or indirectly damage or
destroy any trees or hedges to be retained; and
(iv) adequate protection shall be provided throughout the period of
construction to protect trunks, root systems and limbs from
damage. Where appropriate, details of fencing or other protection
measures will be required for approval before any works commence
on site.
Development proposals should ensure that sufficient land is provided for
additional planting and landscaping. Existing wildlife habitats, ecological,
0/1816-09 (CM888)
30
topographical and landscape features; including trees, hedges, shrubs,
water features and walls; should be retained and utilised in the new
scheme.
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 M12: Highway Standards
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.
East of England Plan (May 2008)
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
0/1816-09 (CM888)
31
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.
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 tonnages of waste (thousand tonnes) to be managed
Year 2005/6 2010/11 2015/16- 010/11 - 2015/16 - 2020/21
Bedfordshire & Luton 1,450 1,460 1,620
Cambridgeshire & Peterborough 2,140 2,190 2,460
Essex & Southend 3,150 2,300 3,670
Hertfordshire 2, 220 2,360 2,650
Norfolk 2,090 2,280 2,580
Suffolk 1, 870 1,950 2,180
Thurrock 540 510 510
Region 12,680 13,790 15,170
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 residues 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.
0/1816-09 (CM888)
32