Development Control Committee Meeting to be held on 4 July 2012 Electoral Division affected: Farington South Ribble Borough: Application 07/12/0355 Temporary Household Waste Recycling Centre until 31 December 2012 at Unit 12, Centurion Way, Farington, Leyland Contact for further information: Robert Hope, 01772 534159, Environment Directorate DevCon@lancashire.gov.uk Executive Summary Application - Temporary Household Waste Recycling Centre until 31 December 2012 at Unit 12, Centurion Way, Farington, Leyland. Recommendation – Summary That planning permission be granted subject to conditions controlling time limits, site operations and hours of opening. Applicant’s Proposal Planning permission is sought for the change of use of an existing vacant industrial/office building and yard area to a temporary household waste recycling centre (HWRC) until 31 December 2012. The applicant initially sought planning permission until 31 March 2013. However, the redevelopment works at the existing HWRC are now anticipated to be complete by the end of December 2012. The yard area and building would be used to store containers for members of the public to deposit a typical range of waste materials, which would subsequently be removed off site for re-use and recycling elsewhere. The building would also be used for indoor staff parking, and office and welfare facilities. The site would be operational from 7.30am to 7.30pm, 7 days a week. The applicant has submitted a transport statement and simple transport assessment based on figures from the existing HRWC. However, the applicant anticipates that the volume of traffic would be significantly lower as there would be a reduced service at the site and the public would be encouraged to use other existing sites at Ingol and Chorley. Description and Location of Site The existing vacant unit and yard area are located at the southern end of the Lancashire Business Park off Centurion Way. The application site covers an area of approximately 0.8 hectare. Leyland Waste Technology Park is located to the west of the site, a lorry park to the south, the business park estate office to the east and a unit housing an engineering merchant's to the north. Background History Planning permission was granted on 1 June 2010 for the change of use of the same site subject of this application to a waste transfer station (ref. 07/10/0146). The permission is subject to a number of conditions controlling operations within the building, hours of opening and waste types, which are not entirely compatible with the applicant's proposal. The permission has not been implemented. Planning Policy Framework Directive on Waste A Community Strategy for Waste Management EU Sustainable Development Strategy 2001 Securing the Future (UK Strategy for Sustainable Development) Waste Management Licensing Regulations 1994 Municipal Waste Management Strategy (MWMS) 2008-2020 National Planning Policy Framework The National Planning Policy Framework (NPPF) was published on 27 March 2012; it sets out the Government's planning policies for England. Planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise. Although the NPPF does not contain specific waste policies, waste planning authorities must have regard to the policies in the Framework so far as relevant when taking decisions on waste applications. Planning Policies and decisions must reflect and where appropriate promote relevant EU obligations and statutory requirements. The Framework sets out the meaning of sustainable development for the purposes of the planning system. It sets out three dimensions to sustainable development: economic, social and environmental. At the heart of the NPPF is a presumption in favour of sustainable development and for decision taking means approving development proposals that accord with the development plan. Where the development plan is absent, silent or relevant policies are out of date planning permission should be granted unless there any adverse impacts which would significantly and demonstrably outweigh the benefits when assessed against the policies in the Framework as a whole or when specific policies of the Framework indicate development should be restricted. Planning Policy Statements and Guidance Notes PPS10 Planning for Sustainable Waste Management Joint Lancashire Minerals and Waste Development Framework Core Strategy Policy CS7 Policy CS9 Managing our Waste as a Resource Achieving Sustainable Waste Management Lancashire Minerals and Waste Local Plan Policy 2 Policy 23 Policy 37 Policy 94 Policy 112 Quality of Life Water Resource Protection Strategic Road Network Provision of New Household Waste Disposal Centres Standards of Operation South Ribble Local Plan Policy EMP3 Employment Policy 3: Main Existing Employment Areas Consultations Farington Parish Council – No observations received. South Ribble Borough Council - No observations received. LCC Highways - No observations received. Environment Agency - No observations received. Representations – The application has been advertised by press and site notice, and neighbouring properties informed by individual letter. One letter of representation has been received from a neighbouring unit stating no objection subject to planning permission being on the temporary basis applied for, entry and exit to the facility would be as proposed only (not to the rear) and that there would be no problems with odour or vermin. Advice Director of Transport and Environment – Observations Planning permission has recently been granted for the redevelopment and extension of the existing Farington HWRC off Flensburg Way, Farington (ref. 07/12/0029). To allow for the works to be undertaken, the site needs to be temporarily closed and an alternative temporary site found to ensure a continuation of provision until the redeveloped site can be re-opened. This application seeks to ensure that alternative temporary site. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires planning applications to be determined in accordance with the Development Plan, unless material considerations indicate otherwise. In considering the issues that arise from the proposed development it is not only necessary to take into consideration the relevant policies of the Development Plan but also the planning history of the site and all other material planning considerations. Government policy is a material consideration that should be given appropriate weight in the decision making process. 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 Lancashire Minerals and Waste Local Plan 2003, The Joint Lancashire Minerals and Waste Development Framework Core Strategy and the South Ribble Local Plan. The Lancashire Minerals and Waste Local Plan and the Joint Lancashire Minerals and Waste Development Framework Core Strategy were prepared with regard to the EU Waste Framework Directive and Paragraph 4 of Part 1 of Schedule 4 of the Waste Management Licensing Regulations 1994. The ‘relevant objectives’ are referred to in the plan and the policies were prepared to reflect the intentions of such. As Waste Disposal Authority, the County Council has a statutory duty to provide HWRCs in close proximity to residential areas where residents may deposit their household waste. The service also makes a significant contribution to Lancashire Waste Partnership's goal of diverting municipal waste away from landfill, by ensuring householders have access to a facility to allow them to either recycle or dispose of their bulky household waste. Policy CS9 of the Joint Lancashire Minerals and Waste Development Framework Core Strategy states that priority will be given to the location of local waste facilities, such as HWRCs close to residential or community areas. Although the proposal is for a temporary use, Policy 94 of the LMWLP is relevant for assessing the acceptability of new HWRC facilities. The policy states that developments of this type will be supported if they are located close to the source of the waste, will not give rise to unacceptable adverse impacts on people and their environment, are suitably located on appropriate industrial areas, are suitably located in relation to the existing network of sites, and the highway network and site access can satisfactorily accommodate the traffic generated. The layout of the application site would not be appropriate for use as a permanent HWRC designed to modern standards as the site is a single level industrial unit and yard with a restricted area rather than a purpose designed split level facility with segregated public and service vehicle working areas. However, it is considered adequate as a temporary measure. In all other respects the proposed development is considered to comply with the policies of the development plan and in particular the requirements of Policy 94 of the LMWLP. The site and surrounding road network could satisfactorily accommodate the estimated number of cars and HGVs that would visit the site and it is considered unlikely that odour or vermin would be an issue given the types of waste that are commonly deposited at HWRC sites. Conditions are recommended to restrict the use of the site as a HWRC to that applied for (31 December 2012), hours of opening to those applied for to ensure there would be no unreasonable disturbance in the locale, and controls over the containment and storage of waste in the yard area. Furthermore, the temporary HWRC site would have to be compliant with waste management permitting conditions imposed by the Environment Agency in relation to site management practices and pollution control. Summary of Reasons for Decision National and regional planning policy encourages recycling and the re-use of waste to reduce reliance on landfill. The proposal would provide a temporary solution while the existing HWRC site is redeveloped and extended and would provide a facility close to the source of waste, would not give rise to unacceptable adverse impacts on people and their environment; the HWRC would be suitably located in relation to the existing network of sites, and the highway network could satisfactorily accommodate the traffic generated. Controls over site operations and hours of opening would ensure the development would not have any unacceptable impacts on the amenities of adjacent properties or the local environment. The development complies with the policies of the Development Plan. The policies of the development plan relevant to this decision are: Joint Lancashire Minerals and Waste Development Framework Core Strategy Policy CS7 Policy CS9 Managing our Waste as a Resource Achieving Sustainable Waste Management Lancashire Minerals and Waste Local Plan Policy 2 Policy 23 Policy 37 Policy 94 Policy 112 Quality of Life Water Resource Protection Strategic Road Network Provision of New Household Waste Disposal Centres Standards of Operation South Ribble Local Plan Policy EMP3 Employment Policy 3: Main Existing Employment Areas Recommendation That planning permission be Granted subject to the following conditions: Time Limits 1. The temporary household waste recycling centre operations authorised by this permission shall cease by 31 December 2012 including the removal of all waste materials from the site. Reason: To conform with Policy 94 of the Lancashire Minerals and Waste Local Plan. 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 1 June 2012 as amended by an email from Andrew Tomlinson on 18 June 2012 with a revised end date of 31 December 2012. b) Submitted Plans and documents: Drawing number ENVSR01 - Location Plan, received on 14 June 2012. Drawing number ENVSR02 - Site Plan, received on 14 June 2012. 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 Policies CS7 and CS9 of the Joint Lancashire Minerals and Waste Development Framework Core Strategy, and Policies 2, 23, 37, 94 and 112 of the Lancashire Minerals and Waste Local Plan. Hours of Working 3. The temporary household waste recycling centre shall not be open and no operations on the site shall take place outside the hours of: 0730 to 1930 hours, Mondays to Sundays. This condition shall not, however, operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential repairs to plant and machinery used on site. Reason: To safeguard the amenity of adjacent properties/landowners and land users and to conform with Policies 2 and 94 of the Lancashire Minerals and Waste Local Plan. Site Operations 4. All skips associated with the development shall be stored within the site as identified on drawing number ENVSR02 entitled 'Site Plan'. Reason: To safeguard the amenity of adjacent properties/landowners and land users and to conform with Policies 2 and 94 of the Lancashire Minerals and Waste Local Plan. 5. Any waste or recycled materials to be stored within the yard shall be stored in purpose designed skips or storage containers. The skips/storage containers, any waste or processed materials contained therein, and storage of empty skips shall not exceed a height of 3 metres as measured above the existing yard level. Reason: To safeguard the amenity of adjacent properties/landowners and land users and to conform with Policies 2 and 94 of the Lancashire Minerals and Waste Local Plan. Local Government (Access to Information) Act 1985 List of Background Papers Paper 07/12/0355 Date June 2012 Contact/Directorate/Ext R Hope/ENV/34159 Reason for Inclusion in Part II, if appropriate N/A