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Arkwright Colliery, Arkwright Applicant: Suez Recycling and Recovery Uk Code No: Cw4/0717/35 4.690.26

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Arkwright Colliery, Arkwright Applicant: Suez Recycling and Recovery Uk Code No: Cw4/0717/35 4.690.26 Public Agenda Item No 3.1 DERBYSHIRE COUNTY COUNCIL REGULATORY – LICENSING AND APPEALS 9 April 2018 Report of the Strategic Director - Economy, Transport and Environment 1 APPLICATION UNDER SECTION 73 TOWN & COUNTRY PLANNING ACT 1990 WITH PROPOSED VARIATION TO REQUIREMENT IN CONDITION 10 OF PLANNING PERMISSION CW4/0614/42, TO ALLOW WASTE COLLECTION AUTHORITIES DELIVERIES OF GREEN WASTE TO THE SITE ON BANK HOLIDAYS EXCEPT CHRISTMAS DAY, BOXING DAY AND NEW YEAR’S DAY, BETWEEN 0800 TO 1600 HOURS, IN-VESSEL COMPOSTING FACILITY, FORMER ARKWRIGHT COLLIERY, ARKWRIGHT APPLICANT: SUEZ RECYCLING AND RECOVERY UK CODE NO: CW4/0717/35 4.690.26 Introductory Summary This application relates to previously granted planning permission for the construction and operation of an in-vessel composting (IVC) facility on land at the former Arkwright Colliery, Arkwright The variation to the conditions requirements which applicant is proposing would relax the requirement which is currently under Condition 10 of the permission the facility is operating under so as to allow for the receipt of green waste on bank holidays; except for Christmas Day, Boxing Day and New Year’s Day. I do not consider that the proposed variation would give rise to any significant environmental or amenity impacts. I am satisfied that the proposal would accord with the provisions of the National Planning Policy Framework (NPPF) and development plan policies. I therefore recommend that the application is approved so as to enable a new permission to be granted subject to the imposition of conditions which reflect the proposed variation and are otherwise similar those to which the current permission is subject. (1) Purpose of Report To enable the Committee to determine the application. (2) Information and Analysis Site and Surroundings The application site is located approximately 0.3 kilometres (km) to the south of Arkwright Town, to the east of Deepsick Lane. The site covers 10.3 RP16 2018.doc 1 9 April 2018 Public hectares (ha), although only 2 ha of this site is occupied by the IVC facility building. The site is situated on part of the former Arkwright opencast coal extraction site. The site is surrounded by countryside consisting of restored agricultural land and new woodland planting, with allotments to the north. The nearest residential property is Nursery Farm to the east on Sutton Lane. Other residential properties are situated along Deepsick Lane to the west. Land to the south of the site slopes downwards before rising again up to the village of Sutton Scarsdale, of which part is designated as a Conservation Area. The village is also the location of Sutton Scarsdale Hall which is a listed building. Background The permitted operations comprise an IVC facility designed to manage approximately 40,000 tonnes per annum of biodegradable waste from local authority kerbside waste collections. Planning History Planning Description of Determination Application Ref. No. Application/Development Date/Decision CW4/0609/77 Proposed construction and Approved 22 operation of an in-vessel February 2010 composting facility, Arkwright Town NMA/1013/20 Application for a Non-Material Approved 24 Amendment (to add a planning October 2013 condition to the extant permission code number CW4/0609/77 which lists the approved planning drawings) at the Arkwright Opencast Colliery, Deepsick Lane, Arkwright CW4/0114/141 Section 73 application not to Approved 6 comply with Conditions 3(b) March 2014 (Approved Drawings), 7(ii) (Landscaping Scheme) and 7(iii) (Relocation of the Sutton Hall Sluice) of Planning Permission Code Number CW4/0609/77 in order to allow minor material amendments to the development originally proposed and to allow for other circumstantial changes at Arkwright Opencast Colliery, Deepsick Lane, Arkwright RP16 2018.doc 2 9 April 2018 Public CW4/0614/42 Section 73 application to vary Approved 10 Condition 10 of planning permission November CW4/0114/141 to permit local 2014 borough/district authorities that collect green waste to transport it to the IVC facility for processing to be accepted at the site on Saturdays prior to and immediately after bank or other holidays until 1700 hours at Arkwright Opencast Colliery, Deepsick Lane, Arkwright The Application and Proposal The IVC facility currently accepts and processes green waste from Chesterfield Borough, North East Derbyshire District and Bolsover District waste collection authorities. As the facility is unable to accept incoming waste on bank holidays or national holidays (generally referred to together in this report simply as “bank holidays”), any waste collected by the waste collection authorities on bank holidays therefore has to be sent to a temporary green waste holding facility near Alfreton and held there until it can be day transferred to the IVC facility site on a normal working day. The applicant is therefore proposing that a new permission under the application would be subject to a condition that in effect would be a variation to Condition 10 of the existing planning consent that would allow green waste to be received at the IVC facility directly on some bank holidays. The current Condition 10 governs the permitted times of operation including times for delivery of waste to the facility which do not allow for any deliveries on any bank holidays. It is worded as follows: “Whilst the composting process is a continuous one, the hours of operation for all other activities, including the transport of material to and from the site shall be: Monday to Friday 0800 hours to 1700 hours, Saturday 0800 hours to 1300 hours, except that Deliveries of green waste to the site on Saturdays immediately prior to and after a bank holiday or other national holiday may take place between 0800 hours to 1700 hours. There shall be no operations undertaken, other than routine maintenance, on Sundays, bank or other national holidays The only bank holiday on which the collection authorities currently undertake normal routine green waste collections is Good Friday. The applicant states that it does not expect this to change, however, the new permission is being RP16 2018.doc 3 9 April 2018 Public sought to allow waste to be received at the IVC facility on any bank holidays excluding Christmas, Boxing Day and New Year’s Day to provide flexibility in case the collection practices change in the future. The application states that there would be a maximum of 12 deliveries between 0800 hours – 1600 hours on a bank holiday. Overall, the amount of waste received at the site would be unchanged. It is not proposed that any waste from any other source would be received on any bank holiday. These deliveries of waste from other sources and all other operations would continue within the existing permitted hours of operation. The applicant does not propose any processing of the green waste on bank holidays. The applicant has suggested that Condition 10 of the existing planning permission is amended as follows: “Whilst the composting process is a continuous one, the hours of operation for all other activities, including the transport of material to and from the site shall be: Monday to Friday 0800 hours to 1700 hours, Saturday 0800 hours to 1300 hours, except that deliveries of green waste to the site on Saturdays immediately prior to and after a bank holiday or other national holiday may take place between 0800 hours to 1700 hours and Deliveries of green waste to site on bank holidays, except for Christmas Day, Boxing Day and New Year’s Day may take place between 0800 hours and 1600 hours. There shall be no operations undertaken, other than routine maintenance, on Sundays, bank or other national holidays.” Consultations Local Member Councillor Barker (Sutton) was consulted with comments were requested by 21 August 2017. No response had been received at the time of writing. North East Derbyshire District Council Planning North East Derbyshire District Council (NEDDC) (Planning) was consulted with comments requested by 21 August 2017. No response had been received at the time of writing. RP16 2018.doc 4 9 April 2018 Public Environmental Health Officer NEDDC (Environmental Health Officer (EHO)) responded on 17 August 2017 and confirmed that there has been complaint history in respect of odour nuisance. The EHO confirms that NEDDC has received some complaints about fly infestation in relation to this site and there have not been any complaints about noise from the site. The EHO states that the Environment Agency (EA) is the lead regulator for this site. The NEDDC EHO has provided the following summary of odour complaints pertaining to the application site: Year Complaints EHO Visits Odour at the Odour received receptor deemed to be excessive 2014 15 3 1 0 2015 2 0 0 0 2016 4 1 1 0 2017 2 1 0 0 Environment Agency The EA Planning Liaison Team responded on 31 July 2017 and confirmed that the EA did not ask for this condition and has no comments in this respect. Sutton cum Duckmanton Parish Council Sutton cum Duckmanton Parish Council responded on 16 August 2017. The Parish Council is aware of recent comments recently about bad odours from the site and requested information on how this is going to be mitigated and whether or not this proposed change to the operating hours will affect this at all. Calow Parish Council Calow Parish Council was consulted with comments requested by 21 August 2017. No response had been received at the time of writing. Internal Consultations The County Highway Authority responded on 31 July 2017 and has no objections. Publicity The application was publicised by a notice in the Derbyshire Times and by site notice (with a request for observations by 1 September 2017). The application was also notified to neighbouring properties by hand delivered notifications with a request for observations by 1 September 2017.
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