Agenda Item No: 7a

DEVELOPMENT CONTROL COMMITTEE

19 October 2009

REPORT BY CHIEF PLANNING OFFICER

Proposed change of use to storage and transfer of hardcore Subject: waste and recycled aggregates, The Old Sewage Works, Road, Blisworth.

NCC Ref:09/00055/WAS and District Ref:S/2009/0792/PC

Applicant: Northampton Waste Management Limited.

That the application be approved subject to the conditions Recommendations: outlined in Appendix A.

1. Purpose of Report 1.1 The purpose of this report is to provide the Committee with professional planning advice on any issues, Development Plan Policies and other material considerations relevant to the determination of a planning application. 2. Relevant Corporate Outcome A cleaner, greener and more prosperous county

3. Background 3.1 The application site is 0.4 hectares of „brownfield‟ land comprising the eastern part of the former Blisworth Sewage Treatment Works. It is served by an access track some 70 metres in length which links it to the Northampton Road almost immediately opposite Railway Cottages, a terrace of 11 dwellings aligned gable-end on to Northampton Road. Young‟s, a commercial plant nursery and garden centre, is located to the north of the site, but separated from it by a grassed paddock, at a distance of approximately 85 metres at its closest point.

3.2 The southern boundary of the site abuts a high embankment (approximately 10 metres in height) with dense, mature trees and vegetation which carries the West Coast main railway line. The western boundary of the site is not currently defined on the ground and further to the west lays the remainder of the former Sewage Treatment Works. The eastern boundary of the site comprises an approximately one metre high hedge and the northern boundary a low, gappy hedge together with post and barbed wire fencing.

4. Proposal

4.1 The proposal is for a change of use to carry out open air storage and bulking up of hardcore, and construction and demolition wastes for the creation of recycled aggregates for up to 25,000 tonnes per annum. A further area of the former Sewage Treatment Works which is located immediately adjacent and to the west is currently shown on the Environment Agency flood map as in Flood Zone 2 and 3. This area has been excluded from the current application to avoid flooding concerns. However, the applicant‟s agent believes that the flood map may exaggerate the area that does flood and therefore, separately from this application, a flood map challenge will be conducted and, if successful, a second application would be submitted to extend the area to be used, and to add processing of the construction and demolition waste to produce recycled aggregates to the use currently proposed. 4.2 The planning application comprises the following elements: Reinforcement of existing access road and modernisation of access. Repair of the existing hardcore pad to bring it up to the standard required for the storage of construction and demolition waste and recycled aggregates. Creation of a perimeter bund to be planted with trees, to provide a degree of security for the site. Fencing of the site to the eastern and northern boundaries to screen road users, residents and the garden centre and provide a degree of security. It is proposed that hours of operation, including all associated vehicular movements would be restricted to 07.30-18.00 hours (Monday to Friday), 07.30 to 13.00 hours (Saturdays) with no working on Sundays, Public or Bank Holidays.

5. Consultation 5.1 The following is a brief summary of the responses to the consultations undertaken. 5.2 South Council (Environment and Implementation) Object on the following grounds:

Reduction in the speed limit on the Northampton Road needs to be resolved prior to the grant of planning permission otherwise access visibility is substandard.

Size and weight of HGV‟s requires clarification.

Weighbridge would be required.

Detailed assessment of arboricultural issues required including impact upon the oak tree adjacent to the existing access track which is the subject of a Tree Preservation Order.

Assessment of noise and dust impacts required.

Material stockpile heights require control.

Landscaping proposals required (instead of close-boarded fencing).

5.3 Council (Environmental Health) 5.4 No reply received.

5.5 Blisworth Parish Council

5.6 Object on the following grounds:

Consider proposed use is inappropriate.

Access visibility poor and highway safety concerns because vehicles often speed on this stretch of road.

Concerns re. fly-tipping and importation of hazardous wastes e.g asbestos

Concerns in respect of possible noise and dust, in particular dust adversely impacting upon the nearby plant nursery.

5.7 Parish Council

5.8 Strongly objects on the following grounds:

Vehicle access from both the south and the north, on a very sharp bend on the A43 (T)/ Road, which is well known for a number of fatal accidents (8). Change of ude will generate an increase in HGV traffic using the A43(T)/Towcester Road, which defeats the purpose of the A43 dual carriageway which was designed to take HGV traffic away from the villages of Milton Malsor and Blisworth. These two villages are totally unsuitable for increased numbers of HGV‟s. This proposal would further erode the rural ambience of of the Towcester Road and would be another step to conver this area into an industrial estate. Concern is expressed at the possibility of additional pollution due to the nature of the proposal. The neighbouring plant and nursery and the number of close dwellings would be affected by dust and pollution. Concern is expressed that due to the nature of the proposed business, in poor, wet weather conditions, the A43(T)/Towcester Road would become very muddy and dangerous for the normal day to day traffic.

5.9 Environment Agency No objection.

5.10 Highway Authority

5.11 No objection in principle subject to a reduction in the speed limit to 40mph being secured through a „Grampian‟ condition by means of a Traffic Regulation Order (TRO) and implemented prior to the commencement of development.

5.12 Have expressed concerns over the current access to the site in terms of inter-vehicle visability when leaving the site and the width of the access at the junction with the Northampton Road. Whilst the applicant has proposed a reduction in the speed limit to 40mph, until this speed limit is in force, the required inter-vehicle visibility splays would not be achievable. Without the Traffic Regulation Order in place to ensure the reduction in speed limit on Northampton Road the Highway Authority would be unable to support the proposal in its current form and would recommend refusal of the application on the following grounds:

5.13 “The proposal, if permitted, would result in increased traffic entering and leaving the site via a sub-standard means of access with the public highway giving rise to conditions detrimental to highway safety and free flow of traffic theron.”

5.14 The County Council‟s Collision Analysis and Investigation and Casualty Reduction officers have stated that if the developer wishes to pay for a Traffic Regulation Order for a reduction in speed limit, they would have no objections. There have been 5 crashes in the vicinity of the railway bridge in the last three years. These have all been close together and if it had been brought to the attention of the Collision Analysis and Investigation Officer, he would have looked into those figures. As the stretch of road does not look like a 60mph road, with street lights and existing developments, a reduction in speed limit would have been one of the considerations in any investigation.

5.15 The Casualty Reduction Officer suggests a site specific speed reduction which would stretch approximately 900 metres from the existing 30mph zone in Blisworth to the edge of the industrial estate which would leave a stretch of approximately 600 metres of national speed limit up to the 40mph zone at Milton Malsor. They would not support a limit over the entire length as this would extend into open countryside and would lose the opportunity to give southbound drivers a cue to reduce speed coinciding with a change in the nature of the road.

5.16 It is also recommended that if permission were to be granted then a condition to require a routing agreement to detail routes to the site avoiding nearby residential areas should be attached.

5.17 County Councillor Bernard Ingram ( Ward)

5.18 Verbally raised concerns expressed by residents of Milton Malsor that the proposal would be followed by a further application to expand the activities to include activities/operations of a much more detrimental nature such as crushing and screening. However, he appreciated that such additional development would require a further planning application which would itself be subject to full publis consultation.

5.19 District Councillor Stephen Clarke (Blisworth and Roade)

5.20 No reply received.

5.21 District Councillor Sally Townsend (Blisworth and Roade)

5.22 No reply received.

6. Public Advertisement and Neighbour Notification 6.1 A press notice appeared in the Northampton Chronicle and Echo on 27th August 2009 and a site notice was posted on site on 24th August 2009. In addition, individual letters of notification were sent to the 11 properties known as Railway Cottages and Young‟s Nurseries.

6.2 18 Individual letters or e-mails objecting to the proposal have been received, letters of objection from 2 local businesses (Young‟s Nurseries and John Bowen-Brown Limited)

and individual letters of objection from both Blisworth Heritage Society and Blisworth Neighbourhood Watch. A letter has also been received from Northampton Borough Councillor Paul Varnsverry ( Ward) objecting to the proposal and expressing concerns over the use of residential roads in West Hunsbury as „rat-runs‟ by HGV‟s.

6.3 The principal concerns raised in these representations may be summarised as follows:

That the proposed access to the site is located on a dangerous, blind bend where a number of serious, including fatal accidents have occurred, on a busy stretch of road used by commuters between Northampton and /M1 where speeding vehicles, including HGV‟s, are commonplace.

Increased noise levels in a peaceful and tranquil area.

Increased dust levels with a particularly adverse impact on Young‟s Nurseries.

The adverse impact of increased HGV traffic through Blisworth village on buildings, roads and the village school.

Other concerns raised were:

Possible odours or smell.

Mud or detritus on the highway.

Need for adequate site security to prevent fly-tipping and vandalism such as children throwing rocks at trains.

7. Development Plan Policies and Central Government Guidance 7.1 The Development Plan policies considered relevant to the determination of the planning application are as follows: - 7.2 Northamptonshire Waste Local Plan 2003 – 2016 (WLP)

Policy 1 – Principles for Waste Development

Policy 4 – Development of Local Waste Facilities

Policy 8 – Traffic and Access

Policy 15 – Local Amenity

Policy 17 – Waste Transfer, Recovery and Recycling 7.3 South Northamptonshire Local Plan (Adopted October 1997) „Saved‟ Policy EV19 – Trees and Woodlands 7.4 The following Central Government Guidance is also considered to be a significant material consideration:- Tree Preservation Orders: A Guide to the Law and Good Practice (The Guide sets out the Government‟s policy advice on the tree preservation order system. It outlines the

law as it currently stands in , taking into account the Town and Country Planning (Trees) Regulations 1999. 7.5 Further guidance of relevance is contained in BS5837:2005 “Trees in Relation to Construction. Recommendations.” This provides recommendations for the protection of trees during construction work.

8. Assessment

8.1 The main considerations in the assessment of this application are: -

(i) Whether the proposed development accords in principle with the Development Plan. (ii) Whether an acceptable access to the site can be achieved in terms of highway safety. (iii) Whether there are any unacceptable amenity impacts, including upon the oak tree adjacent to the existing access track which is subject to a Tree Preservation Order or other justification sufficient to refuse the application. The Development Plan

8.2 Section 54A of the Town and Country Planning Act 1990 stipulates that decisions on planning applications must be made in accordance with the development plan unless material considerations indicate otherwise.

8.3 The proposal is for the storage and transfer of hardcore waste and recycled aggregates with a throughput of 25,000 tonnes per annum and will be located on „brownfield‟ land.

8.4 Policy 1 of the Northamptonshire Waste Local Plan 2003-2016 (adopted March 2006) deals with the Principles for Waste Development and lists criteria which waste development should be consistent with. In relation to these criteria: the development would contribute to the existing local needs to manage waste; would be close to wastes arising in and around Northampton and therefore minimise transportation distances; and would satisfy the Best Practicable Environmental Option (BPEO) given that the inert waste would be bulked up for ultimate reuse. The development is therefore considered acceptable having regard to Policy 1.

8.5 Policy 4 (Development of Local Waste Facilities) also lists criteria for waste development to provide local facilities (those dealing with 50,000 tonnes or less per annum of non-hazardous waste) such as this which can be demonstrated will contribute to a sustainable waste management system for Northamptonshire. One of the criteria is whether the development is to be located on derelict, despoiled or brownfield land, which is the case with this proposal, and which is therefore considered to accords with this policy.

8.6 In respect of Policy 17 (Waste Transfer, Recovery and Recycling), the development will assist with the efficient collection and recovery of waste materials and is therefore considered acceptable in relation to this policy.

8.7 The proposal raises a number of issues in relation to access, traffic and highway safety and also to possible impacts on local amenity and therefore should also be considered in relation to Policy 8 (Traffic and Access) and Policy 15 (Local Amenity) of the Northamptonshire Waste Local Plan. The proposed (existing) access to the site passes close to an oak tree which is the subject of a Tree Preservation Order and therefore consideration should also be given to the „Saved‟ Policy EV19 (Trees and Woodlands) of the South Northamptonshire Council Local Plan (adopted October 1997) together with Central Government advice (see para.6.4 above). These matters are considered further in this report.

Traffic, Access and Highway Safety

8.8 Existing Situation: The location of the existing access which it is proposed to serve the site is located on a stretch of the Northampton Road which is derestricted and which lies between a 30mph zone entering Blisworth village to the south and a 40mph zone approaching Milton Malsor to the north. It is also located on the inside of a bend and the visibility to the south is particularly limited by the abutments of the stone railway bridge which carries the West Coast main railway line.

8.9 The principal major concern expressed by most local residents in their representations was over the safety of this access on a stretch of road where traffic frequently drives at high speeds and which is locally considered to be an accident „black-spot‟ where a number of accidents, including at least one fatality have occurred. The Highway Authority‟s Casualty Reduction Officer has confirmed that there have been 5 crashes in the vicinity of the railway bridge in the last three years. The Highway Authority has therefore taken the view that unless it is possible to ensure a reduction in the speed limit along this stretch of the Northampton Road then it would not be able to support the proposal in its current form and would therefore recommend refusal on the grounds set out in para.4.13 above.

8.10 Proposed Traffic Regulation Order: The applicant believes that if the speed limit were to be reduced to 40mph along this stretch of the Northampton Road then the requisite visibility splays could be achieved and the Highway Authority‟s grounds of objection removed. The applicant has therefore stated that, in the event that planning permission for the proposed development was to be granted then (the applicant) would be willing to enter into an agreement with the Highway Authority to seek to secure a Traffic Regulation Order (TRO) to reduce the speed limit along this stretch of the Northampton Road to 40mph and, if successful, would fund the necessary works to secure its implementation. The Highway Authority‟s Casualty Reduction Officer suggests a site specific speed reduction which would stretch approximately 900 metres from the existing 30mph zone in Blisworth to the edge of the industrial estate which would leave a stretch of approximately 600 metres of national speed limit up to the 40mph zone at Milton Malsor. They would not support a limit over the entire length as this would extend into open countryside and would lose the opportunity to give southbound drivers a cue to reduce speed coinciding with a change in the nature of the road.

8.11 ‘Grampian Condition’: A „Grampian condition‟ is a planning condition attached to a decision notice that prevents the start of a development until off-site works have been completed on land not controlled by the applicant. The applicant‟s agent has therefore requested that, if the Waste Planning Authority is minded to grant planning

permission for the proposal then a „Grampian‟ condition be attached to the consent which would have the effect of precluding the commencement of development on the site until such times as the 40mph speed limit was in place together with visibility splays to the complete satisfaction of the Highway Authority.

8.12 Under the circumstances as set out above, it is concluded that if the reduction in speed limit to 40mph is achieved by means of a TRO then, in the absence of an objection from the Highway Authority on highway safety grounds, there would not be justifiable or sustainable reason for refusing the proposal subject to an appropriate condition to improve the existing access.

8.13 Lorry Routing: Several representations have raised concerns in respect of the current impacts of Heavy Goods Vehicles through Milton Malsor and Blisworth villages, and other residential areas including East and West Hunsbury. The applicant‟s agent has confirmed that access to the site will predominantly be from the north, along the road which skirts the edge of the village of Milton Malsor on the Towcester Road (formerly the A43 (T) road, which is now „C‟ class) and not through the other parts of Milton Malsor. In the event that loads are due to arrive from sites in the south or to be delivered to the south the applicant is prepared to accept a restriction preventing access through Blisworth preferably by means of a planning condition. The applicant is also willing for the planning condition to prohibit traffic travelling through other parts of Milton Malsor (other than on Towcester Road) and through the residential areas of East and West Hunsbury and other nearby villages. (See Appendix A, condition 5).

Local Amenity Impacts

8.14 Noise: A number of representations have raised concerns that there might be an unacceptable level of noise generated by the proposal. The current proposal is for a change of use to storage of hardcore and secondary aggregates to facilitate „bulking- up of these materials for subsequent onward transmission and re-use.

8.15 The applicant considers that noise from the level of activity proposed will be minimal since it will be limited to the movement of vehicles, together with the tipping and loading of materials and this will only occur on a sporadic and infrequent basis. The applicant‟s agent has confirmed that deliveries and collections are only likely to take place on 2-3 days a week and even then only 2-3 loads per day. The maximum vehicular movements per day would be 14 and this is purely to allow for the odd occasion when a local job is generating a larger number of loads either in or out. Furthermore, the applicant proposes that hours of working would be limited to 07.30- 18.00 (Monday-Friday) and 07.30-13.00 on Saturdays with no working on Sundays, Public and Bank Holidays. The disturbance from HGV‟s travelling to and from the site along the Towcester Road was raised by Milton Malsor Parish Council. However, the properties which front onto this former trunk road are well set back and this, along with the low level of movements proposed, would not give rise to justifiable reason to refuse the application on traffic amenity grounds.

8.16 The current noise environment of the site is influenced by both the relatively high levels of traffic using the Northampton Road and by the frequent noise from high speed trains on the adjacent, elevated West Coast main rail line. Furthermore, the site is over 130 metres away from the nearest housing. Under the circumstances, and taking account of the relatively low level of activities proposed, it is considered that

noise from the proposal would be at levels which would justify refusal of the application.

8.17 The application states that, subject to Flood Risk issues being overcome to the satisfaction of the Environment Agency, a subsequent application might be made to extend the site and undertake processing of the construction and demolition wastes to produce recycled aggregates. Any such proposal would require a further planning application which would have to be determined in the light of the relevant circumstances and planning policies contained in the Development Plan at that time.

8.18 Dust: A number of representations have also raised concerns that dust from the proposed activities might produce an unacceptable impact. The applicant notes that the site is over 130 metres away from the nearest housing and also states that should dust become an issue then a water-bowser would be brought to the site and used to dampen aggregate stockpiles as part of a Dust Management Plan. (See para.7.17 below). It is considered that, subject to appropriate conditions to control dust, including the sheeting of lorries entering and leaving the site, dust is unlikely to give rise to a justifiable reason to refuse the planning application.

8.19 Situated approximately 85 metres to the north of the proposed site is Young‟s Nurseries who have made representations objecting to the proposal on a number of grounds several of which (access and noise) are considered elsewhere in this report. Their greatest concern, however, is that possible air pollution/dust could lead to contamination of plants/shrubs/trees stored outside, garden furniture, pots and other products with a devastating impact upon their business. They have also expressed concern that waste materials brought onto the site could be contaminated with chemicals or other pollutants which, were they to be leached out and enter the adjacent water course, could create major issues with their business.

8.20 In response to the representation made by the Nurseries owners the applicant‟s agent has confirmed that the applicant fully understands the need not to create a dust nuisance for the nearby nursery premises and also confirm that there is a mains water supply to the site, therefore it is easy to deploy both a water bowser with sprinkler bar to damp down the yard are and/or a large sprayer to damp down stockpiles. They also point out that the type of material to be handled at the site is not particularly dusty when handled, but that in the event that dust is found to be blowing off-site then the operations will cease until dust generation is brought under control. These measures have been set out in a Dust Management Scheme which the applicant‟s agent ha submitted in response to the concerns expressed by the owners‟ of Young‟s Nurseries. The implementation of the Scheme is a requirement of condition 12. (See Appendix A).

8.21 Whilst it is understandable that significant contamination of plants and other goods sold at the nursery/garden centre would be a serious cause for concern, it is considered that, on the basis of the relatively low level and nature of the activities proposed, and with the measures proposed in the Dust Management Scheme, that the generation of substantial levels of dust is considered to be unlikely and that dust generated on the site could be controlled by an appropriate condition. Subject therefore to such a condition being attached to any permission if granted, it is not considered that the levels of dust likely to be generated would represent a sufficiently adverse impact to sustain a refusal of planning permission.

8.22 Tree Preservation Order: Immediately adjacent to south of the existing access track which serves the site and some 70 metres from the Northampton Road, is a mature oak tree which is the subject of a Tree Preservation Order (TPO). The branches of one side of the canopy of the tree extends out and above the access track such that, at present, the lower branches would be likely to be subject to damage/abrasion by Heavy Goods Vehicles entering or leaving the site. Also, if planning permission were to be granted, then it is the applicant‟s intention to reinforce the road which could have implications for the root system of the tree, part of which must underlie the existing access track. As a consequence, the applicant was required to commission an arboricultural report to assess the implications of the proposal on the oak tree.

8.23 The report, which is from a practicing tree surgeon concludes that:

“although there is a patch of dead wood at the base of the trunk, this was not caused by the existing concrete road as the damage has been there for far too long. Any use of the road will not cause any further damage; however, the crown does require lifting because the passing lorries will damage any low hanging branches. I recommend that the tree is lifted all the way around to give it a full and natural shape. From the tree I have noticed some poor quality work has been carried out and the tree has lost some branches but the good news from this is that the has put on considerable recovery growth around these wounds indicating that it is in good health and that any lift done to this tree properly will have no ill effect.”

8.24 Any cutting down or carrying out of work on protected TPO trees which is required to implement a full planning permission does not require any further consent of the Local Planning Authority. However, in dealing with applications for planning permission Government advice is that the Local Planning Authority should consider a range of factors, including the potential loss of protected trees. In this case it is not proposed to remove the tree but to prune/remove some of its lower branches to facilitate the unobstructed passage of vehicles to and from the site. However, any such pruning works should be conditioned to take account of the guidance contained in BS5837:2005 “Trees in Relation to Construction. Recommendations.” The key issue therefore is whether the degree of pruning of the lower branches will result in an unacceptable loss of the amenity value currently provided by the oak tree. The oak tree is undoubtedly a pleasant, healthy and visually attractive specimen, however, because the tree is located some 70 metres back from the road and is viewed over hedges against a backdrop of existing, mature trees and vegetation which cover the railway embankment, its amenity impact from public viewpoints is relatively limited.

8.25 Under all of the above circumstances, it is considered that the limited pruning required to facilitate the unobstructed passage of vehicles to and from the site does not conflict with the provisions of „Saved‟ Policy EV19 (Trees and Woodlands) of the South Northamptonshire Local Plan (adopted October 1997) and, subject to the provisions of conditions 4 and 8 as set out in Appendix A, would not justify refusing this proposal.

8.26 Other: Other issues which have been raised in representations objecting to the proposal relate to concerns in respect of possible smells/odour, fly-tipping, vandalism and site security. The inert nature of the types of material it is proposed to import should not give rise to odours and it is considered that there is no particular reason to expect that the proposed site would be particularly vulnerable to the other security issues raised. Furthermore, the applicant proposes bunding and/or fencing to secure

the boundaries of the site together with associated landscaping/planting. Blisworth Parish Council have raised concerns that hazardous wastes such as asbestos could be imported to the site but this is precluded by condition 9. (See Appendix A). Furthermore, the development would require and Environmental Permit from the Environment Agency which would also deal with pollution control matters including waste types.

8.27 In response to queries raised by South Northamptonshire Council it has been confirmed by the applicant‟s agent that deliveries to the site will be by 32 tonne, 8- wheeler HGV‟s. Material stockpile height will be restricted to a maximum of 5 metres. (See Appendix A; condition 15).

8.28 In respect of concerns raised relating to mud on the road, the development proposed is to bring in clean hardcore materials and the site already has suitable hard surfaces on which HGV vehicles can travel and this should not result in a mud problem. However, this will be controlled by a proposed planning condition. (See Appendix A, condition 7).

9. Conclusion 9.1 It is considered that the proposal to change the use of the site from a former Sewage Treatment Works to a site for the open air storage and bulking up of hardcore waste and recycled aggregates is acceptable in principle and accords with the Development Plan in particular the provisions of Policies 1, 4 and 17 of the Northamptonshire Waste Local Plan (adopted March 2006). A number of amenity issues have been raised during the consultation process, most particularly in respect of noise, dust and the appropriate protection of an oak tree which is the subject of a Tree Preservation Order, however, it is considered that, subject to appropriate conditions these matters can be mitigated or controlled such as to be acceptable and in accordance with Policy 15 of the Northamptonshire Waste Local Plan (adopted March 2006) and Policy EV19 of the South Northamptonshire Local Plan (adopted October 1997). 9.2 It is recognised that, at present, the existing access which it is proposed to use is unacceptable in terms of highway safety and would not accord with Policy 8 of the Northamptonshire Waste Local Plan (adopted March 2006). However, it is accepted by the Highway Authority that, subject to the making and implementation of a Traffic Regulation Order to reduce the speed limit to 40mph along this stretch of the Northampton Road then this objection could be overcome. It is therefore considered that, under these particular circumstances this aspect of the proposal can be overcome by the use of a „Grampian‟ condition which has the effect of preventing development taking place until such time as the speed limit has come into force and an access provided to the complete satisfaction of the Highway Authority. 9.3 In conclusion it is considered that, subject to the making and implementation of a Traffic Regulation Order to reduce the speed limit on this stretch of the Northampton Road to 40mph and subject to the imposition of planning conditions as set out in Appendix A, that the proposal accords with the provisions of the Development Plan, in particular Policy 1 (Principles for Waste Development), Policy 4 (Development of Local Waste Facilities), Policy 8 (Traffic and Access), Policy 15 (Local Amenity) and Policy 17 (Waste Transfer, Recovery and Recycling) of the Northamptonshire Waste Local Plan (adopted March 2006) and Policy EV19 of the South Northamptonshire Local Plan (adopted October 1997) and should therefore be permitted.

Appendix A – Recommended Planning Conditions

Author: Name: Stuart Smith Team: Development Control

Contact details: Tel: 01604 237711 Fax: 01604 236065 Email: [email protected]

Background Papers: Planning Application file:09/00055/WAS

Is this report proposing a key decision is No taken?

If yes, is the decision in the Forward Plan? No

Will further decisions be required? If so, No please outline the timetable here

Is this report proposing an amendment to No the budget and/or policy framework?

Have the financial implications been cleared No. There are none relevant to the by the strategic finance manager (SFM)? determination of a planning application. Have any capital spend implications been cleared by the Capital Asset Investment Name of SFM: N/A Group (CAIG)

Has the report been cleared by the relevant No, but cleared by the Chief Planning Corporate Director or ACE? Officer

Has the relevant Cabinet Member been No consulted?

Has the relevant scrutiny committee been No consulted?

Have any legal implications been cleared by None applicable Legal Services?

Have any communications issues been None applicable cleared by Communications and Marketing?

Has an Equalities Impact Assessment been NO

carried out in relation to this report? There are no equal opportunity implications

Are there any community safety These are covered in the report in respect of implications? highway issues.

Are there any environmental implications: These are identified and discussed in this report.

Are there any human rights implications: The process for determining planning applications accords with the Human Rights Legislation

Constituency Interest: Roade

Agenda Item No: 7a – Appendix A – Recommended Planning Conditions

Commencement

1. The development must be begun not later than the expiration of THREE years beginning with the date of this permission.

Scope of Planning Permission

2. This planning permission shall relate to the area outlined in red on the plan of GP Planning Ltd GPP/JS/B/09/02, dated 30/07/2009, hereafter referred to as “the site”. The waste development hereby permitted shall only be carried out within “the site” in accordance with the details set out in the submitted application forms and supporting information except where otherwise amended by specific conditions attached to this permission. Access and Highway Safety

3. Prior to the occupation and use of the development hereby permitted a Traffic Regulation Order to secure a reduction in the speed limit to 40mph on the stretch of the Northampton Road adjacent to the proposed site access shall have been pursued with the Highway Authority and fully implemented unless otherwise agreed in writing by the Waste Planning Authority.

4. The development hereby permitted shall not commence until full details of all works to improve the existing access at its junction with the Northampton Road and to reinforce the existing access track has been submitted to, and approved by the Waste Planning Authority, such scheme including all necessary measures to protect the oak tree the subject of a Tree Preservation Order immediately to the south of the access track. The works as approved shall be implemented prior to the commencement of the use of the site for the development hereby permitted.

5. All HGV vehicles shall approach and leave the site from and to the north along the Northampton/Towcester Road and its junction with the A45 at the Mereway/Danes Camp Way roundabout, and no HGV vehicles shall travel through the villages of Milton Malsor (other than on the Towcester Road), , and Gayton or along the following roads serving residential areas off the Towcester Road in Northampton: Rowtree Road, Clannel Road, Hunsbury Hill Road and Ladybridge Drive. This is in accordance with the applicant‟s submitted agreement to not use these roads or travel through these villages other than to specifically collect or deliver materials from and to these locations as set out in the letter from GP Planning Limited dated 9th October 2009.

6. All operational vehicles arriving at and leaving the site shall be appropriately sealed so as to prevent material spillage, wind blow and dust nuisance.

7. All operational vehicles leaving the site shall be cleansed to ensure they are free of mud and other debris to ensure no mud or other debris is deposited on the public highway.

Works to Protect Oak Tree Subject to Tree Preservation Order

8. The development hereby permitted shall not commence until full details of all arboricultural works to raise the crown of the oak tree the subject of a Tree Preservation Order immediately to the south of the access track has been submitted to and approved by the Waste Planning Authority. These works shall be in accordance with the advice contained in BS5837:2005 “Trees in Relation to Construction. Recommendations.” Once approved the works shall be fully implemented in accordance with the approved details.

Waste Materials

9. Waste materials imported to the site shall be restricted to hardcore, demolition materials and recycled aggregates all to be inert in nature.

Permitted Operations

10. The development hereby permitted allows for the storage and subsequent exportation of materials as set out in condition 8 above and specifically excludes any other operations for the crushing, screening sorting or processing of imported waste materials.

11. Unless otherwise agreed by the Waste Planning Authority, the use hereby permitted and all associated vehicular movements shall be restricted to 07.30-18.00 hours (Monday to Friday), 07.30 to 13.00 hours (Saturdays) with no working on Sundays, Public or Bank Holidays.

Dust

12. The measures contained in the Dust Management Scheme submitted to the Waste Planning Authority by GP Planning Limited to ensure that provision shall be made at all times for the suppression of dust shall be implemented at all times throughout the life of the site.

Noise

13. All plant, equipment and machinery, including vehicles shall, where capable, be fitted with silencers, baffles, cladding or rubber linings, and be maintained so as to reduce noise to a minimum and operated in accordance with manufacturer‟s instructions. Lighting

14. Unless otherwise agreed in writing by the Waste Planning Authority no external lighting shall be installed until a scheme for such lighting has been submitted to and approved by the Waste Planning Authority in writing.

Stockpile Heights

15. Unless otherwise agreed in writing by the Waste Planning Authority stockpile heights of all materials shall at no time exceed 5 metres in height.

Landscaping and Boundary Treatment

16. No development shall take place until full details of the bunds, fencing or other boundary treatment, including associated landscaping, have been submitted to and approved in writing by the Waste Planning Authority. Once approved all boundary treatments shall be implemented prior to commencing the use hereby permitted. All landscaping shall be undertaken in the first planting season (October to March) following the site commencing the operations hereby permitted. Any trees or shrubs which die or for any reason fail to become established within five years of planting shall be replaced during the following planting season with trees and shrubs of a similar size and species as those originally required.

Consignment Note Records

17. Consignment note records and waste transfer note records relating to materials imported to, stored on or taken away from the site shall be made available to the WPA upon request.

HGV Movements & Monitoring

18. The operating company shall keep records of the quantity of waste received by weight, its source and Heavy Goods Vehicle (HGV) movements associated with the development and these records shall be provided to the Waste Planning Authority within seven days of a written request. All such information supplied will be treated on a confidential basis.

The reasons for the conditions and the relevant Development Plan policies are: -

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. To conform with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

3. To enable the Waste Planning Authority to retain control over the implementation of this permission and in the interests of highway safety (Policy 8 of the Northamptonshire Waste Local Plan (adopted March 2006).

4-7. In the interest of local amenity and in the interests of highway safety (Policies 8 and 15 of the Northamptonshire Waste Local Plan (adopted March 2006).

8. In the interests of local amenity. (Policy 15 of the Northamptonshire Waste Local Plan (adopted March 2006).

9. To define the waste materials which can be imported and in the interest of local amenity. (Policy 15 of the Northamptonshire Waste Local Plan (adopted March 2006).

10. To define the operations which are permitted and in the interests of local amenity. (Policy 15 of the Northamptonshire Waste Local Plan (adopted March 2006).

11-16. In the interests of local amenity. (Policy 15 of the Northamptonshire Waste Local Plan (adopted March 2006).

17,18 To enable the Waste Planning Authority to monitor compliance with condition 5 in the interests of highway safety and traffic amenity. Policy 8 and 15 of the Northamptonshire Waste Local Plan (adopted March 2006).