Development Control Committee
Meeting to be held on 15 January 2014
Electoral Division affected:
Wyreside
Wyre Borough: Application No. 02/13/0788
Variation of Condition 2 of permission 02/08/1116 to allow the importation and
treatment of waste wood, Iron House Farm, Lancaster Road, Out Rawcliffe.
Contact for further information:
Stephen Bergus, 01772 534124, Environment Directorate
DevCon@lancashire.gov.uk
Executive Summary
Application – Variation of Condition 2 of permission 02/08/1116 to allow the
importation and treatment of wood waste, Iron House Farm, Lancaster Road, Out
Rawcliffe.
Recommendation – Summary
That subject to the applicant first entering into a Section 106 agreement relating to
the routing of heavy goods vehicles and tractors and trailers to and from the site
being via Lancaster Road and Rawcliffe Road (other than from within a defined area
referred to within the legal agreement), planning permission for the change of use of
land to be used for composting and the treatment of waste wood be granted subject
to conditions controlling time limits, working hours, environmental controls,
restriction of waste types to green waste and waste wood only and the control of the
heights of stockpiled and windrowed materials.
Applicant’s Proposal
Planning permission is sought for the modification of condition 2 of permission
02/08/1116 to allow the importation and treatment of waste wood to a green waste
composting operation at Iron House Farm. Condition 2 restricts the composting
operations to the importation and processing of green wastes only.
It is proposed to import up to 5,000 tonnes of untreated and treated waste wood to
the site per year sourced from commercial and industrial, construction and
demolition and furniture and pallet wastes. The waste timber would be shredded
/chipped in the same area of the site used for green waste processing and using the
same machinery that is currently utilised. The importation of waste wood would be
an alternative to green waste and therefore the total tonnages of waste accepted to
the site would remain within the currently permitted limit of 25,000 tonnes per year;
there would be no increase in HGV movements.
Description and Location of Site
The application site is at Iron House Farm in Out Rawcliffe, 9km east of Fleetwood
town centre. The site is accessed off Lancaster Road (a C class road) via a track
known as Hornby's Lane. The site extends over 1.6 hectares accommodating two
former agricultural buildings, a large concreted pad area in the centre where waste
reception takes place and an open area of land to the west presently used for the
windrowing and storage of compost.
The nearest residential property to the site is located at Moss Cottage Farm, 150
metres north of the site.
Background
History
Planning permission for a change of use of land to form a composting site was
granted in March 2010 (ref 02/08/1116)
Planning permission for a proposed site office and weighbridge was granted in
March 2010 (ref 02/09/0816)
Planning Policy
PPS10 Planning for Sustainable Waste Management
National Planning Policy Framework (NPPF)
Paragraphs 11 – 14, 17, 18 – 20, 56 – 66, 109 and 120 are relevant with regard to
the requirement for sustainable development, core planning principles, strong local
economy, the requirement for good design and conserving and enhancing the
natural environment.
Joint Lancashire Minerals and Waste Development Framework Core Strategy DPD
(LMWDF)
Policy CS7
Managing our waste as a resource
Lancashire Minerals and Waste Development Framework – Site Allocations and
Development Management DPD
Policy NPPF 1
Policy DM2
Policy WM1
Policy WM3
Presumption in favour of sustainable development
Development Management
Capacity of Waste Management facilities
Local Built Waste Management Facilities
Wyre Borough Council Local Plan
Policy SP13
Development in the Countryside
Policy SP14
Policy EMP12
Standards of Design and Amenity
Diversification of the Rural Economy
Consultations
Wyre Borough Council: No objection.
Out Rawcliffe Parish Council: No observations received
Environment Agency - raise no objection to the proposals but raise concerns that
the proposed activity would increase the production of dust, bio-aerosols and other
particulates at the site. The company has provided a Management System to
support the application but the Agency does not consider it to be adequate as it is
specific to the composting activity and does not mention the proposed wood
recycling. This document would need to be updated should planning permission be
granted, as would the submitted Dust Management Plan and the Site Specific Bioaerosol Risk Assessment (SSBRA). The Agency would not support further permit
changes or variations that would lead to increased production of bio-aerosols without
reviewing an updated risk assessment. The Agency would require further written
details from the operator of the operating procedures for the wood recycling activities
for approval by the Agency if planning permission is granted.
Alternatively, wood chipping is allowed under a T6 waste exemption. However
planning permission would be required before operations could commence. An
exemption would only be allowed if the relevant objectives as stated in article 4 of
the Waste Framework Directive were met meaning that waste must be recovered or
disposed of without endangering human health and without using processes or
methods which could harm the environment, and in particular without risk to water,
air, soil, plants or animals, causing nuisance through noise or odours; adversely
affecting the countryside or places of special interest. If the activity is to be carried
out under exemption from Environmental Permitting the application needs to
demonstrate that these objectives could be met. This would involve maintaining bioaerosols at the current level set out in the SSBRA.
The Agency recommends that the operator takes into account any additional
contribution to bio-aerosols posed by wood waste processing. Consideration would
need to be given to the additional activities in revising the site environment
management system and control measures within the SSBRA.
LCC Assistant Director (Highways) – No objection.
Representations – The application has been advertised by press and site notice, and
neighbouring residents informed by individual letter. No representations have been
received.
Advice
Director of Transport and Environment – Observations
Planning permission was originally granted in March 2010 for the carrying out of
green waste composting operations at Iron House Farm (planning permission
2/08/1116). Condition 2 to the permission only permits the importation of green
waste consisting of grass, tree and hedge cuttings, parks and garden wastes and
green waste produced by householders and prohibits waste construction timber,
paper, cardboard, meat or any other product of animal origin. Planning permission is
now sought for the modification of condition 2 of that permission to allow the
importation and shredding/chipping of treated and untreated waste timber as a
partial replacement to the green wastes.
The facility currently has a throughput of 25,000 tons per annum (tpa) of green waste
for composting; the variation seeks to utilise a proportion of this limit for wood waste
processing. The proposed tonnage limits for the new processing would be broken
down as 20,000tpa for open windrow composting and 5,000tpa for wood waste
processing; 25% of the imported wood would be untreated with the remaining 75%
being treated; giving a total throughput of 25,000tpa. The tonnages of waste
imported to the site and levels of associated traffic would therefore not increase.
National policy seeks to achieve sustainable waste management by moving the
management of waste up the ‘waste hierarchy’ of reduction, re-use, recycling,
composting, using waste as a source of energy and only disposing of waste as a last
resort. PPS 10 stresses that the wider environmental and economic benefits of
sustainable waste management are material considerations that should be given
significant weight in determining planning applications.
The Development Plan for the site is made up of the Joint Lancashire Minerals and
Waste Development Framework Core Strategy and Site Allocations and
Development Management Policies DPD'S and the Wyre Borough Local Plan. The
Minerals and Waste Local Development Framework DPD's were prepared with
regard to the EU Waste Framework Directive and the need to ensure that waste
management is carried out without endangering human health and without harming
the environment. The plans and the policies were prepared to reflect these
intentions.
The NPPF seeks to promote a strong local economy by supporting sustainable
economic growth and the expansion of all types of business and enterprise in rural
areas in order to create jobs and prosperity. The principle of the development is
therefore supported and is considered acceptable for the purposes of the NPPF.
Policy DM2 of the Lancashire Minerals and Waste Development Framework – Site
Allocations and Development Management DPD supports proposals for waste
management operations where it can be demonstrated that all material, social,
economic or environmental impacts that would cause demonstrable harm can be
eliminated or reduced to acceptable levels.
In relation to environmental impacts, the wood waste would be shredded using the
same mechanical equipment as is currently used at the site for the shredding of
green waste. No additional plant/machinery will be required to carry out the proposed
wood shredding activities and the noise levels generated by the plant during the
shredding of wood would be similar to those experienced in relation to green waste
processing. In terms of visual impacts, the stockpiles of raw and processed materials
would be of a similar scale to those currently associated with green wastes and
therefore it is considered that there would be no greater impact on the character of
the countryside. One residential property is located 140 metres to the north of the
site. A bio aerosol report has been submitted which concludes that the risk of bio
aerosols emissions to sensitive receptors is moderate. Given that the majority of the
timber imported to the site will be chipped and then exported rather than composted,
the proposed development should not result in an increase in bio aerosols that would
affect residential amenity or health.
The main issue concerns the appropriateness of the timber processing activities in
the rural area.
Policy EMP12 of the Wyre Borough Local Plan supports diversification of the rural
economy providing that the development does not conflict with adjacent land uses,
and that the scale and nature of the activity would not be detrimental to the character
of the area.
The site is located in an area designated as open countryside in the Wyre Borough
Local Plan. Policy SP13 seeks to restrict development in areas designated as
countryside to that concerned with the needs of agriculture, forestry, tourism and
their related activities or other uses appropriate to a rural area. The existing
permission permits the processing of green waste to form a compost material and
these activities were permitted on this site as the product could be applied to
agricultural land and therefore the composting activities were considered appropriate
in a rural area. However, only 25% of the imported wood waste, (the untreated
portion) would be incorporated into the compost produced by the existing green
waste operations. The remaining 75% of imported timber would be treated wood and
once shredded, would be suitable for the biomass market and would be exported to
markets not related to rural enterprises. The majority of the timber shredding
operations cannot therefore demonstrate the same necessity for a rural location;
However, the timber shredding operations would be located on an existing waste
management facility, would utilise existing equipment and would not increase
impacts on the rural area. Whilst, this site is served by a typical rural road network of
C class roads, the proposed development would not increase the levels of traffic to
the site as the overall tonnages of waste accepted would remain with existing
permitted limitations. The source of raw materials and destinations of biomass fuels
produced may not be particularly close to the application site but the volumes are
relatively small and in any event travel distances have to remain as short as possible
to be viable. Wyre Borough Council has not raised any objection to the proposal and
therefore it would appear the Council does not consider the proposal to conflict with
Policy SP13 of the Wyre Borough Local Plan. Therefore whilst timber shredding for
biomass fuel production may not strictly demand an agricultural location, it is
considered that the scale and impacts of the proposal would be such that they would
not endanger human health or harm the character of this area of countryside or have
any unacceptable landuse implications planning purposes subject to compliance with
the conditions set out in the recommendation. Subject to the imposition of conditions
and maintaining the restrictions of the Legal Agreement in respect of vehicle routing
the proposal would be acceptable in terms of sustainable waste management, the
policies of the NPPF and the policies of the Development Plan.
A number of the conditions to the existing planning permission refer only to green
waste, the wording to those conditions forming part of the recommendation have
been modified to include reference to waste wood. The existing permission was also
subject to a section 106 agreement relating to vehicle routeing. Should planning
permission be granted, it will be necessary for a revised legal agreement to be
entered into to reflect the proposed changes.
In view of the nature, location and purpose of the proposal, it is considered that no
Convention Rights set out in the Human Rights Act 1998 would be affected.
Recommendation
That subject to the applicant first entering into a Section 106 agreement relating to
the routing of heavy goods vehicles and tractors and trailers to and from the site
being via Lancaster Road and Rawcliffe Road (other than from within a defined area
referred to within the legal agreement), planning permission for the change of use of
land to be used for composting and the treatment of waste wood be granted subject
to the following conditions:Time Limits
1.
The development shall commence not later than 3 years from the date of this
permission.
Reason: Imposed pursuant to Section 91 (1) (a) of the Town and Country
Planning Act 1990.
Working Programme
2.
The development shall be carried out, except where modified by the
conditions to this permission, in accordance with the following documents:
a)
The Planning Application received by the County Planning
Authority on 14th November 2008 as modified by the emails
from Graham Anthony Associates dated 29th January 2009,
13th February 2009 and 24th February 2009 as modified by the
planning application ref 2/13/0788 and accompanying planning
statement received by the County Planning Authority on 17
October 2013
b)
Submitted Plans and documents:
Drawing GA 1574 -10 Rev A - Site Plan
Drawing GA1574 - 11 - Proposed site plan / junction
alterations.
Drawing GA1574 - 55 - Untitled Drawing
Site Layout Plan RRS001.
Drainage Plan RRS002.
Location Plan RRS003
c)
All schemes and programmes approved in accordance with this
permission.
Reason: For the avoidance of doubt, to enable the County Planning Authority
to adequately control the development and to minimise the impact of the
development on the amenities of the local area, and to conform with policy
DM2 of the Lancashire Minerals and Waste Local Development Framework
Site Allocations and Development Management Policies DPD and policy
SP14 of the Wyre Borough Council Local Plan.
Site Operations
3.
No stockpile of green waste, waste wood, chipped timber or compost shall
exceed a height of three metres as measured above the existing ground level.
Reason: To safeguard the visual amenity and the amenity of local residents
and adjacent properties/landowners and land users and to conform with Policy
DM2 of the Joint Lancashire Minerals and Waste Local Plan Site Allocation
and Development Plan Policies DPD and Policy SP14 of the Wyre Borough
Council Local Plan.
4.
No waste other than green waste and waste wood shall be deposited at or
brought onto the site. Green wastes shall only comprise of grass, tree and
hedge cuttings, parks and garden wastes and green waste produced by
householders and shall not include paper, cardboard, meat or any other
product of animal origin. Waste wood includes all wood types with the
exception of wood that is not permitted by the Environmental Permit or
Exemption issued by the Environment Agency. Any other wastes shall be
removed from the site within 24 hours and taken to a licensed waste
management site.
Reason: Waste materials outside these categories raise environmental and
amenity issues which would require consideration afresh and to conform with
Policy DM2 the Lancashire Minerals and Waste Local Development
Framework Site Allocations and Development Management Policies DPD and
Policy SP14 Wyre Borough Council Local Plan.
Hours of Working
5.
No waste handling or shredding operations shall take place outside the hours
of:
0800 to 1800 hours Monday to Friday (except Public Holidays)
0830 to 1230 hours on Saturdays (except Public Holidays)
No such waste handling or shredding operations shall take place on Sundays
or Public Holidays.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users, and to conform with Policy DM2 of the
Lancashire Minerals and Waste Development Framework Site Allocations and
Development Management DPD and Policy SP14 of the Wyre Borough
Council Local Plan.
Control of Noise
6.
All plant, equipment and machinery used in connection with the operation and
maintenance of the site shall be equipped with effective silencing equipment
or sound proofing equipment to the standard of design set out in the
manufacturer's specification and shall be maintained in accordance with that
specification at all times throughout the development.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy DM2 of the
Joint Lancashire Minerals and Waste Local Plan Site Allocation and
Development Plan Policies DPD and Policy SP14 of the Wyre Borough
Council Local Plan.
Dust
7.
Measures shall be taken at all times during the development to ensure that no
dust or windblown material from the site is carried outside the site.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy DM2 of the
Joint Lancashire Minerals and Waste Local Plan Site Allocation and
Development Plan Policies DPD and Policy SP14 of the Wyre Borough
Council Local Plan.
Highway Matters
8.
Measures shall be taken at all times during the development to ensure that no
dust, mud or other debris is deposited onto Lancaster Road by vehicles
leaving the site.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with Policy DM2 of the
Joint Lancashire Minerals and Waste Local Plan Site Allocation and
Development Plan Policies DPD and Policy SP14 of the Wyre Borough
Council Local Plan.
9.
No more than 5 heavy goods vehicles, as defined in this permission, shall
leave the site in any one day from Mondays to Saturday inclusive. No such
vehicles shall leave the site on Saturday afternoons (after 12.30pm), Sundays
or Public Holidays.
Reason: In the interests of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local
Plan Site Allocation and Development Plan Policies DPD and Policy SP14 of
the Wyre Borough Council Local Plan.
10.
A written record shall be maintained at the site office of all movements out of
the site by heavy goods vehicles, as defined in this permission; such records
shall contain the vehicle’s weight, nature of material being carried, registration
number and the time and date of the movement and shall be made available
for inspection by the County Planning Authority or his representative at all
reasonable times. Each daily record shall be retained at the site for a period
of 12 months.
Reason: In the interests of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local
Plan Site Allocation and Development Plan Policies DPD and Policy SP14 of
the Wyre Borough Council Local Plan.
11.
All vehicles transporting compost and shredded wood waste from the site
shall be securely sheeted.
Reason: In the interests of highway safety and to safeguard the amenity of
local residents and adjacent properties/landowners and land users and to
conform with Policy DM2 of the Joint Lancashire Minerals and Waste Local
Plan Site Allocation and Development Plan Policies DPD and Policy SP14 of
the Wyre Borough Council Local Plan.
Definitions
Heavy Goods Vehicle: A vehicle of more than 7.5 tonnes gross weight.
Notes
The grant of planning permission does not remove the need to obtain the relevant
statutory consents/licences from the Environment Agency.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
02/13/0788
02/09/0816
02/08/1116
Date
Contact/Directorate/Ext
Jonathan Haine/Environment/534124
Reason for Inclusion in Part II, if appropriate
N/A