Agenda Item 5.1

Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director for Communities

Report to: Planning and Regulation Committee

Date: 13 January 2014

Subject: County Matter Application – S7/2760/11

Summary: Supplementa ry Report At its meeting on 10 April 2012 the Planning and Regulation committee resolved that they were minded to grant planning permission to PMK Recycling Ltd (Agent: CPK Architects) to form a Household Waste Recycling Centre using the existing concrete surface at Bradstone Site, Outgang Road, Baston Fen, Baston. The Committee's resolution was subject to the imposition of the planning conditions and the applicant completing a S106 Planning Obligation to cover issues which were not considered capable of being appropriate secured by way of conditions. These matters included:  an Obligation to require all HGVs visiting the site to use the length of Outgang Road to the east of the application site to Cross Road and for the length of Cross Road to the A16;  to secure the sum of £6,500 for the administration, advertisement, consultation and implementation (and all associated works) for the erection of a digitalised speed sign;  following implementation of the development the developer shall deposit the sum of £40,000 with the County Council to be utilised by the local highway authority for maintenance and improvement works of the highway on the signed route to the site. The applicant is, following the receipt of legal advice, unwilling to progress on securing the Planning Obligation insofar as it relates to the contribution of £40,000 with the County Council to be used by the local highway authority for maintenance and improvement works of the highway on the signed route to the site. The Planning Obligation has not been completed as the applicant has confirmed they are not prepared to pay the required contribution for highway maintenance and improvement therefore the planning permission for the development cannot be issued.

Page 47 In view of the applicant's position that they are not prepared to enter into the agreement then there is no prospect that planning permission can be released without further Committee consideration . Whilst the Highways Officer still maintains that the £40,000 contribution is required given that the proposal will not generate any significant additional HGV movements it is not considered that a refusal of the application on highway grounds can be substantiated.

Recommendation: That subject to the completion of a Planning Obligation conditional planning permission be granted.

Background

1. At its meeting on 10 April 2012 the Planning and Regulation Committee resolved that they were minded to grant planning permission to PMK Recycling Ltd (Agent: CPK Architects) to form a Household Waste Recycling Centre using the existing concrete surface at Bradstone Site, Outgang Road, Baston Fen, Baston. Officers recommended that the application be granted subject to the imposition of proposed planning conditions and recommended that a S106 Planning Obligation also be secured to cover issues which were not considered capable of being appropriately secured by way of conditions. The matters to be included as part of the agreement included:

 an Obligation to require all HGVs visiting the site to use the length of Outgang Road to the east of the application site to Cross Road and for the length of Cross Road to the A16;

 the applicant be invited to enter into a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to secure the sum of £6,500 for the administration, advertisement, consultation and implementation (and all associated works) for the erection of a digitalised speed sign;

 following implementation of the development the developer shall deposit the sum of £40,000 with the County Council to be utilised by the local highway authority for maintenance and improvement works of the highway on the signed route to the site.

2. A copy of the committee reports dated 12 March 2012 and10 April 2012 is attached as Appendix B.

3. Since April 2012 discussions regarding the Planning Obligation have continued to take place between the Waste Planning Authority, the County Highway Authority, the applicant and their agent. However, following the receipt of legal advice the applicant is unwilling to progress on securing the Planning Obligation insofar as it relates to the element which requires the

Page 48 deposit of £40,000 with the County Council to be utilised by the local highway authority for maintenance and improvement works. As the Planning Obligation has not been completed, planning permission for the development cannot be issued and it is now nearly two years since the Planning Committee's original resolution to grant planning permission and it is necessary to bring this matter to a conclusion.

Main Planning Considerations

National Guidance

4. The NPPF (March 2012) sets out the government's planning policies for England and is a material planning consideration in the determination of planning applications. The main policies/statements set out in the NPPF which are relevant to this proposal are as follows (summarised):

Paragraph 32 notes that all developments that generate significant amounts of movement should be accompanied by a Transport Assessment. Decisions should take account of whether... improvements can be undertaken within the transport network that cost effectively limit the significant impacts of the development. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of the development are severe.

"Local planning authorities should consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations. Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition." (Para. 203: pg. 47)

"Planning obligations should only be sought where they meet all of the following tests:

 necessary to make the development acceptable in planning terms;  directly necessary to the development; and  fairly and reasonably related in scale and kind to the development." (Para. 204: pg. 47)

"Where obligations are being sought or revised, local planning authorities should take account of changes in market conditions over time and, wherever appropriate, be sufficiently flexible to prevent planned development being stalled." (Para. 205: pg. 47)

Conclusions

5. The applicant has made their position clear that they do not consider the requirement to contribute £40,000 for highway maintenance and improvements can be justified. The applicant argues that despite seeking clarification from highways as to what the money would be used for and justification for the works no satisfactory response has been provided.

Page 49

6. Without the contribution of £40,000 highways consider that the development would have a detrimental impact on the local highway network which would justify the application being refused. The advice from the NPPF is that permission should only be refused on transport grounds where the residual cumulative impacts of the development are severe.

7. Whilst it is clear that the development would result in an increase in vehicle movements from the public using cars to drop off waste at the site, the applicant submits that there would be no significant increase in HGV movements as the majority of the waste collected at the site would be transferred to the adjoining Materials Recycling Facility (MRF) operated by the applicant. In granting permission for the MRF no requirement was imposed for any highway improvements (other than to the access point).

8. The test therefore in this particular application with regard to the advice of the NPPF is that given this proposal would not generate any significant additional HGV movements without the contribution of £40,000 for maintenance and improvements would the residual cumulative impact of the development be so severe to warrant the refusal of the application. Despite the understandable concerns of the Highways Officer about the condition of the local highway network as the traffic figures presented by the applicant with the planning application do not show any increase in HGV movements there is no justification to refuse planning permission on highways grounds.

9. The applicant has stated his willingness to sign up to the two elements of the agreement. However he considers that the element to deposit the sum of £40,000 with the County Council to be utilised by the local highway authority for maintenance and improvement works of the highway on the signed route to the site, to be unreasonable.

10. It is now recommended that on completion of the Planning Obligation without the requirement for a contribution of £40,000 conditional planning permission be released.

RECOMMENDATIONS

That

(A) the application be invited to enter into a Section 106 Planning Obligation to secure:

 the sum of £6,500 for the administration, advertisement consultation and implementation (and all associated works) for the erection of a digitalised speed sign; and

 the routeing of all Heavy Commercial Vehicles via Outgang Road to the east of the site to Cross Road to the A1175.

Page 50 (B) subject to the completion of the Planning Obligation referred to above, the Executive Director be authorised to grant planning permission subject to the conditions set out below:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Written notification of the date of commencement should be sent to the Waste Planning Authority within seven days of such commencement.

2. The development shall be carried out, except where modified by other conditions to this permission, in strict accordance with the following plans and drawings:

 Location Plan - RSDP-LP02 Rev A - received on 2 September 2011  Proposed Site Plan Comprehensive Plan – RDSP-PL20 Rev A - received 2 September 2011  Drainage Areas – 8620 – 109 (dated May 2011) – received 2 September 2011  Proposed Site Plan of Household Waste Site – RSDP-PL15 – received 2 September 2011  PPS25 Drainage Strategy Report (dated 24 May 2011) – received 2 September 2011  Flood Risk Assessment Statement (dated May 2011) – received 2 September 2011  Design and Access Statement – received 6 September 2011  Transport Statement – received 13 October 2011  Planning Statement – (dated October 2011) – received 14 October 2011  Environmental Noise Assessment (dated October 2011) – received 14 October 2011  Line of Acoustic Fence – RSDP –PL20B – received 21 November 2011.

3. No operations (including vehicle movements associated with the transportation of waste/recycled materials) shall take place other than between the following hours:

08:00 hours to 18:00 hours Monday to Friday 08:00 hours to 16:00 hours Saturday, Sunday and Bank Holidays (except Christmas Day and Boxing Day when the site shall be closed).

4. No additional lighting shall be installed without the prior written approval of the Waste Planning Authority. All external lighting used on site shall accord with the details set out in the application and accompanying details and shall be turned off when the site is closed, unless otherwise agreed in writing by the Waste Planning Authority.

5. The total tonnage of waste received at the application site shall not exceed 25,000 tonnes per annum. Records of all waste leaving the site shall be retained at the site office for a period of two years and be made available for inspection by the Waste Planning Authority upon request.

Page 51 6. The access road shall be maintained in a good state of repair and kept clean of mud and other debris.

7. All surface water from the parking areas and hardstanding shall be passed through an oil interceptor prior to disposal to groundwater, a watercourse or a surface water sewer.

8. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times and shall be fitted with and use effective silencers.

9. Prior to commencement of use of the site, a scheme for the improvement of the vehicle access including details of materials, specification of works, construction method and means to disposed of surface water shall be submitted to the Waste Planning Authority for written approval. Such scheme as approved shall be implemented in full.

10. The arrangements shown on the approved plan RSDP-PL20-B dated 30 November 2011 for the parking/turning/manoeuvring/loading and unloading of vehicles shall be available at all times the premises are in use.

11. Prior to commencement of use, the access road and turning features shall be laid out, constructed and suitably hardened for the whole of their lengths. A minimum of 60 metres back from the highway boundary to the concrete apron fronting the site shall be surfaced in bituminous materials.

12. Prior to the commencement of operations, a sign, the details of which shall be submitted to and approved in writing by the Waste Planning Authority, shall be erected and thereafter maintained, at the exit onto Outgang Road, advising drivers of vehicle routes agreed with the Waste Planning Authority - to ensure that all HGVs entering and leaving the application site do so via the agreed signed route, that is via Outgang Road and Cross Road to the A16 and avoid travelling along Main Street, Baston. A written record shall be maintained at the site office of all movements out of the site by HGVs. Such records shall contain the vehicles registration and operating comp any’s identity and time/date of movement. The records shall be made available for inspection by the Waste Planning Authority if requested and retained for a period of not less than one month.

13. No operations shall commence on site until the applicant has submitted to the Waste Planning Authority, and received written approval, a Transport Plan for the routeing of HGVs to and from the site. The plan shall identify the arrangements for:

i) monitoring of the approved arrangements; ii) ensuring that all drivers of vehicles under the control of the applicant are made aware of the approved arrangements; and iii) the disciplinary steps that will be exercised in the event of default.

The approved plan shall be implemented throughout the life of the site.

Page 52

14. The development hereby permitted shall be used for the receipt of household waste only . The following materials shall not be accepted: asbestos, car tyres and car parts, healthcare waste or any waste not from a home/house, such as trade, commercial or industrial waste, rubble, building or demolition waste.

Reasons

1. This condition is required by Section 91 of the Town and Country Planning Act 1990.

2. To ensure the development is undertaken in accordance with the approved details.

3, 4, 5, & 6 In the interests of protecting the local amenity of the area.

7. In the interests of minimising surface water pollution.

8 & 9 In the interests of safety of the users of the public highway and the safety of the users of the site.

10. To enable calling vehicles to wait clear of the carriageway of Outgang Road and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

11. To ensure safe access to the site as well as the safety of users of the public highway.

12 & 13 In the interests of protecting the residential and local amenity of the area, as well as convenience and safety of users of the public highway.

14. For the avoidance of doubt and to ensure an acceptable form of development is achieved in the interests of local amenity.

Page 53 Appendices

These are listed below and attached at the back of the report

Appendix B Supplementary report reference 6.2 to the Planning and Regulation Committee on 10 April 2012 relating to County Matter Application to form a Household Waste Recycling Centre using the existing concrete surface. Comprising the construction of concrete walled bunkers for waste sorting, acoustic bund along part of north and western boundary of site, metal palisade boundary fence and gates, together with associated roadway markings and bollards at Bradstone Site, Outgang Road, Baston Fen, Baston by PMK Recycling Ltd (Agent: CPK Architects).

Appendix A(i) Report reference 5.2 to the Planning and Regulation Committee on 12 March 2012 relating to County Matter Application to form a Household Waste Recycling Centre using the existing concrete surface. Comprising the construction of concrete walled bunkers for waste sorting, acoustic bund along part of north and western boundary of site, metal pa lisade boundary fence and gates, together with associated roadway markings and bollards at Bradstone Site, Outgang Road, Baston Fen, Baston by PMK Recycling Ltd (Agent: CPK Architects).

Appendix A Committee Plan

Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park S7/2760/11 House, Watersid e South, Lincoln

National Planning Policy Communities and Local Government website Framework (2012) www.gov.uk

This report was written by Anne Cant, who can be contacted on 01522 782070 or [email protected]

Page 54 Appendix B

Report Reference: 6.2 Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director for Communities

Report to: Planning and Regulation Committee

Date: 10 April 2012

Subject: County Matter Application – S7/2760/11

Summary: Supplementary Report Planning permission is sought by PMK Recycling Ltd (Agent: CPK Architects) to form a Household Waste Recycling Centre (HWRC), using the existing concrete surface, comprising the construction of concrete walled bunkers for waste sorting, acoustic fencing along part of north and western boundary of site, metal palisade boundary fence and gates, together with associated roadway markings and bollards at Bradstone Site, Baston Outgang Road, Baston. At its meeting on 12 March 2012 the Planning and Regulation Committee, following concerns about the traffic implications of the application, resolved to undertake a site visit on Monday 2 April 2012.

Recommendation: Following the site visit on 2 April 2012 and in consideration of the relevant development plan policies and the comments received through consultation and publicity it is recommended that conditional planning permission be granted.

The Application

1. At its meeting on 12 March 2012, the Planning and Regulation Committee considered an application to form a Household Waste Recycling Centre (HWRC) using the existing concrete surface, comprising the construction of concrete walled bunkers for waste sorting, acoustic fencing along part of north and western boundary of site, metal palisade boundary fence and gates, together with associated roadway markings and bollards at Bradstone Site, Baston Outgang Road, Baston. Following consideration of the application and in particular concerns about the traffic implications of the application, Councillors resolved to undertake a site visit on Monday 2 April 2012.

Page 1 Page 55 2. A copy of the detailed report on this application is attached hereto as Appendix A(i).

3. It is understood that the County Council contract for the provision of a household waste recycling centre for this area has been awarded to a different operator. Whilst this is not a direct planning matter the Head of Environmental Management Lincolnshire County Council has raised issues about the description of the development as set out in the paragraph below

4. As Councillors may be aware paragraph 51 of the Environmental Protection Act 1990 sets out the “Functions of Waste Disposal Authorities (WDA)”, which states that it shall be the duty of the WDA to arrange... “for places to be provided at which persons resident in its area may deposit their household waste and for the disposal of waste so deposited”. The Waste Disposal Authority (WDA) have raised issues concerning the use of the title HWRC and the possible need to identify that, should planning permission be granted, the provision of the facility proposed by the applicant is not a WDA facility provided under contract and based on paragraph 51 1(b) of the Environmental Protection Act, to ensure there is no confusion to the general public .

5. Whilst strictly not a planning issue to ensure the development is only undertaken in line with what has been permitted and assessed it is considered that an additional condition is imposed limiting the material that can be imported to the site to that generated from households and not to extend to commercial waste.

RECOMMENDATIONS

It is recommended that the application is approved subject to the conditions and reasons outlined in the detailed report attached as Appendix B and the following additional condition:

1. The development hereby permitted shall be used for the receipt of household waste only . The following materials shall not be accepted: asbestos, car tyres and car parts, healthcare waste or any waste not from a home/house, such as trade, commercial or industrial waste, rubble, building or demolition waste.

Reason

1. For the avoidance of doubt and to ensure an acceptable form of development is achieved in the interests of local amenity.

Page 2 Page 56 Appendices

These are listed below and attached at the back of the report

Appendix A(i) Report Reference 5.2 to the Planning and Regulation Committee on 12 March 2012 relating to Planning Permission to continue to form a Household Waste Recycling Centre (HWRC), using the existing concrete surface, comprising the construction of concrete walled bunkers for waste sorting, acoustic fencing along part of north and western boundary of site, metal palisade boundary fence and gates, together with associated roadway markings and bollards at Bradstone Site, Baston Outgang Road, Baston.

Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park S7/2760/11 House, Waterside South, Lincoln

Planning and Regulation Lincolnshire County Council website Committee Meeting www.lincolnshire.gov.uk Minutes – 12 March 2012

This report was written by Anne Cant, who can be contacted on 01522 782070 or [email protected]

Page 3 Page 57 Page 58 Appendix A (i)

Report Reference: 5.2 Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director for Communities

Report to: Planning and Regulation Committee

Date: 12 March 2012

Subject: County Matter Application - S7/2760/11

Summary: Planning permission is sought by PMK Recycling Ltd (Agent: CPK Architects) to form a Household Waste Recycling Centre (HWRC), using the existing concrete surface, comprising the construction of concrete walled bunkers for waste sorting, acoustic fencing along part of north and western boundary of site, metal palisade boundary fence and gates, together with associated roadway markings and bollards at Bradstone Site, Baston Outgang Road, Baston.

Recommendation: That conditional planning permission be granted.

Background

1. The applicant currently operates a small materials recovery facility (MRF) to the east further along Baston Outgang Road. These operations were granted planning permission – to change the use of land and buildings from B1 (Business/Light Industry) to a waste recycling centre (S7/1276/05) by the Planning and Regulation Committee on 23 January 2006. A subsequent application was approved by the Committee on 10 March 2008 to continue working without complying with condition 3 of the original application. This condition related to working hours. The replacement condition allowed internal operations to take place between the hours of 23:00 to 07:00 on week nights. In 2010 planning permission was sought by PMK Recycling Ltd to extend a building within their waste recycling facility. This was to house an additional baling machine and feeder.

2. Councillors will recall that at their meeting on 31 October 2011 planning permission (S7/1775/11) was granted to PMK Recycling Ltd to change the use of land and building from Use Classes B2 (General Industry) and B8 (Storage and Distribution) to a similar scale Materials Recovery Facility (MRF) on the land adjoining the site of this application. That proposal comprised an extension to the existing building and the construction of a compound for outside storage of spoil and hardcore, including 2.4m high

Page 1 Page 59 concrete walls, as well as ancillary parking and weighbridge and the erection of a 2.4m high metal palisade boundary fence. The MRF:

x would accept co-mingled waste, which would be sorted and separated with the view to minimising the amount of waste that is sent to landfill e.g. paper, cardboard, ferrous metals, non-ferrous metals, plastic, rubber, wood (pallets and demolition timber only), textiles, glass, soil and rubble;

x externally would require the construction of a 2.4m high concrete wall, on three sides of an area 102m by 38m would be enclosed by a to create a compound for the storage of spoil and hardcore to the east of the building;

x would receive, recycle and transfer wastes 24 hours per day, however, lorry movements would be limited to between 07:00 – 17:30 Monday to Friday and 07:00 – 15:00 Saturday, with no operation on Sundays; and

x the applicant is currently undertaking the necessary actions to enable them to move operations from the site along Outgang Road to this recently permitted site.

3. Councillors will also recall that at their meeting on the 13 February 2012, they deferred consideration of the application, at the applicants request, until this meeting. At that time the Local Highways Authority had recommended that planning permission be refused as “ The roads and junctions leading to the site are substandard in that they are of insufficient capacity to accommodate the additional traffic which the proposed development would generate and the increased use of such roads would result in the increase in the likelihood of unacceptable danger to users of the highway. Should the applicant provide further information in support of the application then this authority will look again at this stance”. The request for deferral was made to enable the applicant, following discussion with the Waste Planning Authority and the Local Highway Authority, to undertake detailed traffic surveys of the A15/Main Street/ Greatford Road junction in Baston. The resulting information has been submitted to the Local Highways Authority – and their comments are set out in this report.

The Application

4. Planning permission is now sought by PMK Recycling Ltd to form a Household Waste Recycling Centre (HWRC), using the existing concrete surface, on the land adjoining the newly consented MRF. The proposal would comprise the construction of concrete walled bunkers for waste sorting, acoustic fencing along part of north and western boundary of site, metal palisade boundary fence and gates, together with associated roadway markings and bollards. The site would:

x have an annual throughput of up to 75,000 tonnes;

Page 2 Page 60 x be open to the public from:

08:00 to 18:00 Monday to Friday 08:00 to 16:00 Saturdays 08:00 to 16:00 Sundays and Bank holidays (except Christmas Day and Boxing Day);

x employ six operatives;

x cover an area of 0.6147ha, which has the benefit of an existing flat hardstanding over the entire area;

x be adjacent to the applicant's newly consented Materials Recycling Facility which would process waste arising from this development (should planning permission be granted);

x not be visible from the public highway nor from Baston Village;

x offer local employment (staff welfare facilities and car parking are located on the adjoining MRF);

x be able to accommodate up to 28 cars queuing within the site to the off loading lane;

x incorporate a bypass lane opposite the off loading lane to assist in allowing the traffic to free flow;

x utilise the existing concrete hardstanding with thermoplastic road markings used to mark the lanes;

x address surface water drainage in the same manner as the recently approved application (S7/1775/11);

x require the construction of bunkers which would be formed by concrete retaining walls, one metre high at the front and 2.4m high between each bunker. The rear of the bunkers would be enclosed by demountable herris fencing; and

x require exposed boundaries of the site and those separating the HWRC from the commercial areas of the site to be enclosed by a 2.4m high steel palisade fence. An entrance gate would be installed with a 2m height limiting bar.

5. The applicant’s agent has submitted the following information in support of the application.

Page 3 Page 61 6. The Location

x The HWRC would be located within an 13km (8 mile) radius of Bourne and villages such as the Deepings and would primarily provide a facility for those areas. Existing facilities within those areas are close to capacity and have little or no room to expand. The proposed HWRC would therefore enhance the network of facilities within the local area. The new HWRC would cater for increased demand within the area and provide extra capacity for future waste arising from planned growth in housing provision;

x The proposal complies with Policy 38 of the East Midlands Regional Spatial Strategy, Policy WLP21 of the Waste Local Plan and the advice within PPS10. Having assessed the sites that are allocated within Policy WLP2 of the Waste Local Plan (2006) it is concluded that the proposed site is a more suitable and sustainable location that would be able to provide for future as well as existing demand;

x The development would consist of an area of hardstanding, with concrete bunkers or containers for the household waste. There would be safe vehicular access in and out of the site for vehicles together with dedicated pedestrian zones for use whilst disposing of waste;

x The proposed site is located more than double the distance from residential properties relative to the existing facility and is not visible from the road as a result of the existing landscaping. The site can accommodate all the vehicle movements on site, and there is room for expansion.

7. The Policy Background

The Waste Local Plan has selected six sites within Lincolnshire as being suitable locations for HWRC including Uffington Road, Stamford and Stowgate Road, Deeping St James. The four other allocated sites are considered, given their location well outside of the likely catchment of this HWRC, to be of limited relevance to the proposed scheme.

Annex E of PPS10 highlights the potential impact of waste management facilities; these concerns are reflected in Policy 38 of the RSS and in Policy WLP21 of the WLP. The advice indicates the potential issues with regard to noise on sensitive users, such as residential dwellings, will need to be balanced against the desire for facilities to be located close to an appropriate population in order to meet the aims of sustainability and provide a catchment for local need.

The proposed site is located within a group of commercial premises, less than a mile from Baston. There are a limited number of noise sensitive premises within the vicinity of the site and the surrounding uses are complementary to a waste management facility. In addition, it provides good accessibility to the surrounding villages in order to cater for the needs

Page 4 Page 62 of local communities. The site will help to meet the aims of the RSS by providing a small facility that will enhance the existing network within rural areas but will not draw users from larger areas that would create an unsustainable transport impact.

8. Traffic Statement

In support of the application a traffic statement has been undertaken, it sets out the following information. The proposed Household Waste Recycling Centre would:

x provide 16 bays and be used by members of the public;

x be constructed adjacent to the recently consented MRF. Materials collected at the HWRC would be internally transferred directly to the MRF;

x be accessed off Outgang Road via a secured access which would be jointly used by vehicles entering and leaving the MRF and the HWRC. The vehicles are separated internally to provide dedicated, secure access to both sites;

x have an access and visibility splay designed to accommodate a 7.5 tonne box van,(i.e. the largest vehicle which may access the household waste recycling centre), and a 16.5m long articulated HGV (i.e. the largest vehicle which may access the waste transfer station successfully entering and exiting the respective sites). HGVs would continue to enter the site to and from the northeast to avoid having to travel through Baston;

x generate an estimated average of 245 visits are generated a day, i.e. a total of 490 trips. This figure is based on, and is typical of, vehicle movements relating to similar HWRC Lincolnshire.

The applicant has agreed, following meetings with the Parish Council, to fund highway signage directing all traffic wanting to access the HWRC to use the A16, Cross Road and Outgang Road to discourage traffic to travel through the village of Baston. The applicant is also willing to provide a vehicle activated speed identification at an appropriate location in the village of Baston to encourage vehicles travelling through the village to do so at an appropriate speed.

9. A detailed assessment of the A15/Main Street/Greatford Road junction in Baston has been undertaken. Traffic surveys were commissioned based on the agreed scope set out with the Local Highways Authority. The survey results have been analysed and sent to the Local Highways Authority for detailed and careful consideration. Several assumptions have been made, and certain factors taken into account to ensure the figures are appropriate to assess the probable impacts of the application, including:

Page 5 Page 63 x expected growth, (assessment up to 2017).

x utilising a distribution pattern for the household waste recycling centre local to the site, and assuming the Bourne site is closed for robustness. With an assumption that most people would visit the closest centre, a 10km radius was been plotted for each centre, which demonstrates the general coverage of the local area. The number of households in the wards was identified and the likely proportion of that ward likely to use the Baston site was identified. A route to the Baston site was then identified for each ward.

x the proportion of trips using each route, based on the number of households, was calculated. As a worst case assessment, all (householder) traffic was assigned to use the A15/Main Street/Greatford Road junction.

10. The results of the capacity assessment completed for the various scenarios demonstrate that the junction works satisfactorily in all scenarios. It is hoped the details submitted satisfies the Local Highway Authority concerns regarding the operation of the junction and the highways objection to the planning application can now be removed.

11. Noise

An environmental noise assessment has been carried out and submitted in support of the application. The Household Waste Recycling Centre would be located on a site adjoining a recently consented Materials Recovery Facility. Noise emissions from the site are likely to be dominated by the following:-

x noise breakout from operations in the processing building;

x a fork lift truck which will take waste into the processing building;

x domestic vehicles visiting the site to drop off waste.

The assessment considered noise emissions from the whole site at the most noise sensitive time which is likely to be Sunday. Long-term and short term noise measurements were taken of the background noise level close to the nearest residents, as well as of the vehicles which would be located on the site. A predictive model was created to estimate noise emissions at the nearest dwellings for the daytime and night-time. The assessment showed that the noise impact of the new site under worst-case operation is likely to be 1dB above a level which is regarded as “marginal significance” British Standard BS 4142. Recommendations are given to reduce this to a level of “marginal significance ”.

The highest “Rated Level” of the noise at the nearest dwellings is predicted to be LAr,Tr 42dB(A) in the daytime and LAr,Tr 30dB(A) at night-time. Based on a two day unattended survey carried out at the current site, the

Page 6 Page 64 background noise levels LA90, 1 hour assumed for the assessment is LA90,T 36dB(A) for the daytime and LA90,T 30dB(A) for the night-time. The highest BS:4142 Assessment Level is +6dB(A) during the daytime. This is 1dB more than a level which BS:4142 regards as being of marginal significance. The following recommendations are proposed to reduce this by 1dB to a level of marginal significance:

x a 3m high noise barrier should be constructed around the north of the site. This can be either a bund or a close boarded fence which has a surface density of 10 kg/m 2 or greater. The location of the fence has been shown on a plan submitted supporting the application;

x all employees should be made aware of the proximity of the residents and the potential that noise from site may cause disturbance, particularly at night;

x roller shutter doors on the process building should be kept closed at night and only open in the day for loading and unloading (this relates to the MRF operations);

x vehicle movements in the yard should be kept to a minimum in the day and there should be none at night (this relates to the MRF operations).

Noise levels in the daytime in the amenity areas of the nearest dwellings resulting from the proposal are significantly below (i.e. better than) a level which World Health Organisation (WHO) Guidance regards as the threshold of moderate annoyance. Predicted noise levels are therefore acceptable in amenity areas according to WHO Guidance. Predicted noise levels inside the nearest dwellings during daytime are significantly below (i.e. better than) WHO Guideline levels for annoyance. Predicted noise levels at night-time are below WHO Guideline levels for sleep disturbance. Noise levels are therefore likely to be acceptable inside the nearest dwellings.

12. Flood Risk and Drainage

The proposed site for the Household Waste Recycling Centre falls within flood zones 2 and 3. The applicant has submitted a Flood Risk Assessment (FRA) in support of the application. The FRA states that the site is not located on a Functional Floodplain, it is located in a passive floodplain, protected by main river defences to a 1 in 100 year return period. It is the finding of the FRA that although the site is located within flood zones 2 and 3, the site itself has a very low risk of flooding due to the current standards of drainage, flood defences and land levels in the surrounding area. The report states that the proposed development is on a brownfield site with no increase in surface water run off.

Site and Surroundings

13. Baston is located on the A15, 5km to the north west of Market Deeping. The site is located 1.5km to the east of Baston and to the south of Baston

Page 7 Page 65 Outgang Road. The surrounding area is a mix of flat agricultural land, gravel excavations, associated water bodies, interspersed with some industrial units. The northern boundary of the site runs parallel with Baston Outgang Road, from which access to the site is gained, a tree belt along the road provides some screening of the site. To the west, abutting the site is the access road to Cemex Aggregates. The road leads to a major sand and gravel excavation and substantial plant site, abutting the southern boundary of the newly approved MRF, which marks the southern boundary of the site currently under consideration. Beyond the road, further to the east, there is a small collection of industrial buildings used for commercial purposes, beyond which is the nearest residential property. To the west of the site is a small, recently planted, bund.

14. The closest residential properties are located along Baston Outgang Road when measured from the boundary of site one residential property is located 207m, boundary to boundary, and 231m boundary to property to the west. With another residential property located 120m to the east, boundary to boundary, and 151m when measured from boundary to property.

Main Planning Considerations

National Guidance

15. There are a number of national Planning Policy Statements and Planning Policy Guidance Notes which are of relevance to the proposed development. The key ones in the assessment and determination of this application are:

Planning Policy Statement 1 “Delivering Sustainable Development” in relation to sustainability of location, design and impact on climate change.

Planning Policy Statement 4 (PPS4) "Planning for Sustainable Economic Growth" 2009 sets out the Government's policy framework for planning for sustainable economic developments in urban and rural areas. Policy EC11 states that in determining planning applications for economic development which are not in accordance with the development plan, local planning authorities should weigh market and other economic information alongside environmental and social information. They should take into full account any longer term benefits, as well as the costs, of development, such as job creation or improved productivity including any wider benefits to national, regional or local economies; and consider whether those proposals help to meet the wider objectives of the development plan.

Planning Policy Statement 7 “Sustainable Development in Rural Areas” - seeks to protect the design and character of rural settlements, protect and enhance the quality and character of the wider countryside, support the reuse of appropriately located and suitably constructed existing buildings in the countryside, where this would meet sustainable development objectives .

Page 8 Page 66 Planning Policy Statement 10 (PPS10) “Planning for Sustainable Waste Management” reiterates the principles of sustainable waste management and the waste hierarchy and states that in considering planning applications for new or enhanced waste management facilities, waste planning authorities should consider the likely impact of the development on the local environment and amenity.

Annex E of PPS10 sets out the locational criteria which must be considered in relation to the suitability of proposed sites. Of particular relevance to this application are the issues of traffic and access, and noise.

Planning Policy Guidance 13 “Transport” - seeks to reduce the need to travel and emphasises the need to consider sustainable forms of transport.

Regional Guidance

16. The East Midlands Regional Plan (2009) forms part of the development plan for the proposed development. The following Policy is of relevance in this case:

Policy 38 – Regional Priorities for Waste Management, seeks to implement the Regional Waste Strategy, achieve zero growth in all forms of controlled waste by 2016 and has a focus on waste being treated higher up in the waste hierarchy. It states that Waste Planning Authorities should make provision in their Waste Development Frameworks for waste management capacity equal to the amount of waste generated and requiring management in their areas. For the Eastern Sub-area, it states that the future pattern of provision should combine larger facilities in and around Lincoln and the Sub- Regional Centres, with a dispersed pattern of smaller facilities in the more rural areas.

Local Plan Context

17. The following policies of the Waste Local Plan 2006 (Saved Policies 2009) are relevant:

Policy WLP1 states that waste management proposals will be considered in relation to their contribution towards the waste management hierarchy which in order of priority is:

Page 9 Page 67 x Reduction (minimisation of waste); x Reuse; x Recycling and composting; x Energy recovery from waste; x Disposal of residual waste.

When applying the hierarchy and assessing the need for waste facilities regard will be paid to:- x Proximity principle; x Regional self-sufficiency; x Waste planning policies and proposals of neighbouring areas; x Best available techniques and the environmental setting of the facility.

Policy WLP2 (Household Waste Recycling Centres) states:

Planning permission will be granted for household waste recycling centres, subject to the proposals satisfying the criteria set out in Policy WLP21, on the following sites: - x Land off Gallamore Lane, Market Rasen; x Land at Summergangs Lane, Gainsborough; x Land at Corringham Road Industrial Estate, Gainsborough; x Land east of Uffington Road, Stamford; x Land off Bolingbroke Road, Louth; x Deepings – former landfill site, Stowgate Road/B1166.

Policy WLP21 (Environmental Considerations) states:

Planning permission for waste management facilities will be granted in the following instances (the following are the relevant sections from this Policy):

Dust, Odour etc (xi) Where the development including its associated traffic movements, visual impact, noise, dust, odour, litter, and emissions, and its potential to attract scavenging birds, other vermin and insects would not have an adverse effect on local residential amenity including air quality; and/or other local land uses.

Transport System (xii) Where sufficient capacity is available on the local or wider road system for the traffic that is expected to be generated. Improvements or alternative modes of transport can be implemented and/or where there would not be an adverse effect on road safety.

Recovery of Materials (xvii) Where possible and appropriate the development proposal contributes to the potential recovery of materials and energy via recycling, energy

Page 10 Page 68 recovery and composting in reducing the amount of waste for final disposal.

18. The following policies of the South Kesteven Core Strategy (July 2010) are relevant:

EN1: Protection and Enhancement of the Character of the District

Development must be appropriate to the character and significant natural, historic and cultural attributes and features of the landscape within which it is situated, and contribute to its conservation, enhancement or restoration.

All development proposals and site allocations will be assessed in relation to the stated criteria.

SP2: Sustainable Communities

Outside of the main towns of Grantham, Stamford, Bourne and the Deepings, development would be directed to rural settlements where localised service use is already strong including, Baston.

In those villages, which have been identified as Local Service Centres, development will be allowed in accordance with the Spatial Strategy and subject to the following:

Support will be given to proposals and activities that protect, retain or enhance existing community assets, or that lead to the provision of additional assets that improve community well-being. Proposals involving the loss of community facilities, including land in community use will not be supported. There will be a presumption against the change of use of existing retail, service and employment premises.

E1: Employment Development

To meet the objectives of the Council's Economic Development Strategy and the Sustainable Community Plan the Council will ensure that a portfolio of land and buildings, with a range of sizes, uses and locations, with access to a good transport network is available to ensure a successful, competitive and well-balanced business environment.

Within the rural areas new employment development that meets a local need will generally be supported within local service centres, providing that the proposals will not have an adverse impact on the character and setting of the village, or negatively impact on neighbouring land uses through visual, noise, traffic or pollution impacts.

Outside Local Service Centres, rural diversification proposals will be supported where it can be demonstrated that it is necessary to meet the needs of farming, forestry, recreation, tourism or other enterprises and has an essential requirement for a rural location. Such proposals would need to

Page 11 Page 69 demonstrate that they will help to support or regenerate a sustainable rural economy.

Results of Consultation and Publicity

19. (a) Local County Council Member, Councillor T M Trollope-Bellew – who is a member of the Planning and Regulation Committee, reserves his comments until the meeting.

(b) Baston Parish Council – were worried about the environmental impact on the area and grave concerns about the increase of traffic through the village, especially at weekends. If this application was successful the Parish Council would request that the following be included in a S106 Planning Obligation: Ͳ

1. PMK meet the costs of supplying and installing one electronic flashing speed sign along Main Street, Baston;

2. Signs at major junctions directing traffic away from Baston.

(c) South Kesteven District Council, Environmental Health Officer – has requested that:

1. An acoustic fence or bund of height at least 3m and capable of giving at least 1dB attenuation, as specified by the noise assessment report included with the application documents.

2. There should be no vehicle movements in the yard between 19:00 and 06:00 hours, except for workers’ own vehicles.

(d) Environment Agency – raise no objections but has provided a number of advisory comments which could be appropriately dealt with by way of informatives should planning permission be granted.

(e) Highways (Lincolnshire County Council) – raise no objection to the application, subject to the applicant entering into a Section 106 Agreement seeking a financial contribution to facilitate the erection of a digitised speed sign, and for maintenance and improvement works of the highway on the signed route to the site. Following the completion of the S106, they have requested that several relevant highways conditions should be imposed on any planning permission.

(f) Welland and Deepings Internal Drainage Board - the Board have been in discussions with the applicant’s agent dealing with the drainage strategy for the site. We are happy that drainage issues are being properly addressed and have verbally agreed the continued use of the existing route for disposal of surface water to our drain. Progress to full written approval should follow in due course once agreed pumping rates have been confirmed. We are also happy to take the discharge

Page 12 Page 70 of treated effluent to our drain subject to a confirmed maximum flow rate per 24 hour period and consent of the Environment Agency.

(g) Anglian Water Services – the applicant has indicated on their application that their method of foul and surface water drainage is not to a public sewer. Therefore, this is outside our jurisdiction for comment and the Planning Authority will need to seek the views of the Environment Agency to gauge whether the solutions identified are acceptable from their perspective.

20. The application has been advertised by site notice and a press notice in the Bourne Local on 11 November 2011. The application has been publicised as a departure from the Development Plan as it does not meet the locational criteria set out in Policy WLP2 (Household Waste Recycling Centres) of the Lincolnshire Waste Local Plan 2006 (Saved Policies 2009). Thirteen letters and 71 emails have been received setting out the following (summarised) objections:

x a successful Household Waste Recycling Centre (HWRC) operates at Pinfold Industrial Estate Bourne, is there a need for another facility (6 miles (9.7km) to the south) within such close proximity? The applicant has focused on sites allocated in the Waste Local Plan there has been no assessment of existing provision;

x the applicant states there is a need for the proposed HWRC, although no supporting evidence is provided. The supporting information makes reference to the close proximity of Bourne – this implies Bourne is seen as a possible source of materials for the proposed Baston HWRC. However, as has been noted there is already a HWRC in Bourne and it would be contrary to Central and Local Government aims and policies to encourage and support the sustainable disposal of waste materials – to encourage materials to be taken from Bourne to Baston – when as suitable facility is already provided in Bourne, supporting that local population;

x the Transport Assessment, submitted in support of the application, is based on assumptions of vehicle movements therefore any conclusion regarding the possible impacts are unfounded. Similarly, no detailed assessment relating to vehicle movements to and from the adjacent quarry has been made. Again any conclusions drawn are not based on factual information. It is the objector's contention that without a detailed assessment of the levels of vehicle movements the Waste Planning Authority can not access the possible impacts of the proposed development;

x Central and Local Government policy aims, set out in PPS10 and the emerging Waste Core Strategy, to locate waste facilities away from the open countryside to industrial areas to avoid conflict with road users, this proposal would be contrary to those aims;

Page 13 Page 71 x the site is too close to the village, this will lead to noise disturbance, odour, vermin, congestion and if there is a fire at the site the smoke could pose a danger to local residents; x hazardous waste could be inadvertently taken to and deposited at the site; x the site is located within a Flood Plain, plans for development on the edge of Baston village have been refused due to this designation; x there will be a significant increase in traffic as a result of this proposal. Therefore the potential for congestion is substantial, other routes may be suggested but vehicles may still use the road through the village; x there is potential conflict with the children and parents travelling to and from the village school and vehicles travelling to the proposed HWRC; x the proposed opening hours include weekend and bank holidays, the noise generated will be intrusive to the community; x there is no need for the proposal as established and adequate sites are located in Bourne and the Deepings. These sites are also closer to the population centres; x the contention that it would reduce emissions by developing a HRWC in Baston as it would remove the need for villagers to travel to Bourne, is misleading – if the Bourne site is replaced by the Baston site, then far more emissions will be create by Bourne traffic coming to Baston; x the Traffic Statement is incorrect, it states that HGV traffic generated by the current Baston operation avoid Main Street and only travel eastward on the Outgang Road. This is not the case as PMK HGVs, and other HGVs delivering to PMK, are frequently seen travelling to and from the A15 along Main Street. Main Street is not a major highway but a residential thoroughfare with hundreds of villagers living along it; x Councillors should be made aware of an application by the operator of the adjacent quarry who has submitted an application to renew an unimplemented planning permission for the importation, processing and distribution of minerals. Councillors should not consider the applications in isolation but must consider the cumulative impacts of the developments on local residents and local Highways, in particular the short and long term impact; x roadside trees have already been cut down to make some kind of 'lay-by' access to the Waste site entrance – is this is in anticipation of the HWRC approval. Given the increase in traffic could there be need a roundabout, 'Slow Down' and 'Heavy vehicle' turning signs; even Speed Limit signs etc etc for this particular road. Increasing and continual heavy

Page 14 Page 72 traffic on this area will require continual road surfacing work on the access to the sites off Outgang Road, Outgang Road itself and along the Cross Fen Road to accommodate these increases in traffic. Has LCC Highways considered the increased traffic hazard at the Cross Fen and A16 (60 mph) fast 2-way road junction? It maybe acceptable for the significant HGV movements but when you add the public traffic travelling to the HWRC, a figure of similar volumes, this could become a major hazard, in particular for those users unused to the speed of the A16 vehicles.

21. The applicant's agent has highlighted the following issues in response to the comments raised by the objectors.

x The objector appears to have misunderstood the rationale for the purpose of a HWRC at Baston, namely to contribute to the network to minimise the need for unsustainable journeys and whilst some trade may be expected from Bourne the Baston site provides a location to serve the rural areas also. The vehicle movements to the Cemex site are available if required.

x The access is not shared with Cemex it is independent. LCC Highways Department have found the access arrangement to be acceptable subject to repairs and hard surfacing for the first 60m into the site.

x The issue of traffic travelling through the village has been addressed by PMK entering into a Section 106 Planning Obligation to provide signage around the village redirecting traffic around the village with a speed reactive sign in the village also. This solution was agreed at a meeting with the Parish Council which was initiated by PMK in the interest of being a good neighbour to the villagers.

x The proposed site on Outgang Road is an existing industrial usage as are several other neighbouring sites. The current site has not been in use for a number of years and therefore granting this permission brings the site back into operation and is a sustainable reuse of the land commensurate with the adjoining waste recycling station.

x The trees which have been felled are on the neighbours land, they were a row of very mature poplars which ran parallel to the entrance road into PMK site. The trees which had reached maturity, had become dangerous shredding branches in mild winds. This is typical of poplar trees. PMK advised the owner that the trees were dropping large branches on the entrance drive to the site and this was a health and safety risk. The owner chose to fell them. We understand further trees are to be planted by the owner to replace the felled trees. The layout of the road is as the original planning application no lay by has been created.

x PMK's 106 agreement not only includes the signage around the village and the speed sign to be located within the village, it also includes a sum

Page 15 Page 73 of money for the upkeep of Cross Street. All other issues have been addressed in our TIA which confirms the acceptability of the major junction for the increased traffic flow.

District Council’s Recommendations

22. The South Kesteven District Council raised no objection to the proposal other than to request a noise assessment impact be carried out and that conditions be imposed where necessary to safeguard the amenities of residents in the locality and the residents of the nearby village of Baston to west through which any traffic travelling to this site will need to pass.

Conclusions

23. The proposal seeks planning permission to construct a Household Waste Recycling Centre (HWRC) adjacent to the applicant's recently consented Materials Recovery Facility (MRF). The site was previously used in connection with the manufacturing and storage of concrete products (B2 General Industry and B8 Storage and Distribution). The thrust of planning policy and guidance at national and local level is to move waste up the waste hierarchy – reduce, reuse and recycle. Policies also aim to give priority to proposals involving previously developed land and to support the development of existing operational sites, subject to careful consideration of the impacts of proposals on existing land uses/users. The key issues in considering this proposal are the planning policy context and an assessment of any adverse environmental and amenity impacts.

Policy Context

24. WLP2 “Household Waste Recycling Centres”, of the Waste Local Plan identifies six locations within Lincolnshire (three in West Lindsey, one in East Lindsey and two in South Kesteven – one in Stamford and one in the Deepings) which were, at the time the plan was written, considered suitable locations for HWRC. The site of this application is not included in the list as it was not available or put forward for consideration at the time the plan was prepared. However, it is considered that, should this use be considered acceptable in land use planning and environmental terms it would not, given the location and scale of the proposal and the location and scale of other similar site throughout the County, significantly prejudice the implementation of the development plan's policies and proposals, although the development represents a departure from the Development Plan. This policy also makes reference to the need for the proposed development to comply with the environmental considerations and criteria set out in Policy WLP21.

25. Policy E1 “Employment Development” of the South Kesteven Core Strategy supports the provision of a “portfolio” of land and buildings, with a range of sizes, uses and locations, with access to a good transport network. The aim is to provide a “successful, competitive and well-balanced business environment". Again any negative impacts on the environment must be carefully considered and, if appropriate, the new employment development

Page 16 Page 74 will be supported. This activity would provide additional employment and would also improve and maintain existing employment due to the proposed interrelationship with the adjoining MRF.

26. The proposal would enable the operator to maximise the potential of the recycling/recovery operation providing a HRWC and MRF, improving the facility, limiting the impact on local amenity, this would contribute to the objectives of Policy WLP1 and meet the criteria set out in part (xvii) of WPL21 of the Lincolnshire Waste Local Plan (2006) (Saved Policies 2009).

Environmental Considerations

27. The application has been screened pursuant to the Environmental Impact Assessment (EIA) Regulations. Given the location, nature and scale of the proposal it was concluded that it is not EIA development. The screening opinion was made having regard to the relevant section criteria set out in Schedule 3 of the Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 (as amended) and Circular 03/99 "Environmental Impact Assessment".

Dust, Odour etc

28. The site adjoins a substantial area of sand and gravel extraction, with a significant sand and gravel processing plant area to the rear of the site. The application site would make use of land previously used for a development closely related to sand and gravel extraction which has no restriction on other uses once the concrete products manufacturing ceases. The site is also adjacent to the applicant's MRF which the applicant contends would be utilised in the processing of the waste brought to the site. The development would not be out of scale or character with many of the surrounding uses in the locality. Having regard to the location, surroundings, the design and management of the facility and the nature of the materials brought to the HWRC, it is considered unlikely that this type of operation would given rise to issues such as dust, odour to a level which is likely to cause harm to the surrounding landuses/users, in keeping with Policy EN1 of the South Kesteven Core Strategy and Part (xi) of Policy WLP21 of the Lincolnshire Waste Local Plan (Saved Policies 2009).

Noise

29. The application is supported by the submission of an Acoustic Assessment due to concerns over the potential impact upon the nearest residential properties from operations at weekends and bank holidays. The assessment considered noise emissions from the proposed HWRC and MRF at the most noise sensitive time which is likely to be Sunday. That report concludes that any noise created would, subject to the erection of a noise attenuation fence, be below the WHO thresholds during both daytime and night time working. The acoustic report sets out several measures which would assist in mitigating against any negative impacts from the development which are supported and reinforced by the comments of the

Page 17 Page 75 South Kesteven District Council Environmental Health Officer. Subject to the imposition of suitable conditions to secure the mitigation measures identified (including an acoustic fence along the north western and south western boundaries) the proposed development adheres with Policy EN1 of the South Kesteven Core Strategy and Part (xi) of Policy WLP21 of the Lincolnshire Waste Local Plan (Saved Policies 2009).

Traffic

30. One local resident has raised concerns that an application has recently been submitted by a quarry operator on the adjacent site. He considers that Councillors should have regard to the possible impacts of that application, on this proposed development, and that due consideration should be given to the cumulative impact of these applications on local residents and the local highways system. There are several issues which need to be considered in regard to this request:

x Councillors have to consider the application which is before them. Each application is assessed on its merits and impacts. It would not be appropriate or justifiable for a Local Planning Authority to recommend refusal on an application currently before them on the grounds that another application, that has been submitted but not considered, could possible impacts on the development before them.

x The Local Highways Authority, also consider each application on its merits/ impact and this includes an assessment of current highway situation (so when the other application is considered – if planning permission is granted for the HWRC - the Highways Authority will take this into consideration prior to making any comments) with regards to the specifics of this proposal.

x The Local Highway Authority have requested that, should Councillors be minded to grant planning permission, a planning obligation and conditions be imposed to mitigate any possible negative impacts, these measures include:

- a routing agreement for general HGV traffic. - a general signing scheme to be conditioned as part of this application. - a financial contribution to assist with the erection of a reactive speed sign (although the applicant is providing the speed sign following discussions and to address the concerns of the Parish Council). - a financial contribution for maintenance and improvement works, for a specified section of highway. - levels of HGV movements in connection with the HWRC are relatively small scale and the HGV volumes for the HWRC will not have an excessive impact on HGV flows in the locality.

31 . The major objection raised by all local residents, who have commented on this proposal is the impact on highways safety through the village of Baston, as well as the wider highway network. Local residents have raised strong

Page 18 Page 76 objections as they consider that a further increase in traffic will lead to conflict between vehicle and pedestrians - in particular the impact on the safety of children going to and from the local school and at weekends and holidays. There is no doubt that the proposal would have an impact in the locality. The issue at the heart of the consideration of this proposal is, would the likely impacts both in terms of highway safety and impact on amenity would be of such a magnitude to support refusal of the planning application. Highway Safety and mitigation measures are discussed in the following paragraphs. However from an amenity perspective it should be noted that HGV’s used in connection with the HWRC would be routed away from the village. This could be secured through a Planning Obligation which would need to be completed before any permission granted could be released. Therefore any impact on amenity (noise and disturbance) would be restricted to that generated by cars travelling from the A15, along Main Road to the site. It is considered that, whilst there would be an increase in terms of the level of noise and disturbance, given the nature of the vehicles and activities the magnitude of the disturbance and impact on residential amenity would not be of a level that would be detrimental to the amenity residents could reasonably expect to enjoy. The proposal therefore accords with Policy EN1 of the South Kesteven Core Strategy and part (xi) of Waste Local Plan Policy WLP21.

32. As has been noted this site already has the benefit of planning permission for B2 (General Industry) and B8 (Storage and Distribution). The applicant submitted a Transport Statement in support of the application. The figures provided indicated that there could be an average of 245 car visits (490 movements) by the public per day and 2.3 HGV (4.6) visits per day. It should be noted that these figures are estimated and were calculated using vehicle movements at other HWRC within Lincolnshire.

33. The Baston Parish Council have also raised concerns regarding the increase of traffic through the village, in particular at weekends. The Parish Council have requested that, should Councillors be minded to grant planning permission, the applicant be required to provide an electronic speed sign on Main Street, Baston, as well as signs at major junctions on the A15 and A16 directing traffic way from Baston. The applicant has agreed to fund highway signage directing all traffic visiting the HWRC to use the A16, Cross Road and Outgang Road to discourage traffic from travelling through the village of Baston. The applicant is also willing to provide a vehicle activated speed identification unit at an appropriate location in the village of Baston to encourage vehicles travelling through the village at an appropriate speed. Having considered the information before them Highways have advised that there are no objections to the development, subject to the applicant undertaking the traffic management measures outlined above and compliance with other requirements which would be addressed by conditions and the Planning Obligation. These measures would require a S106 Planning Obligation to be secured. Subject to such an agreement the proposal therefore accords with Policy EN1 of the South Kesteven Core Strategy and part (xii) of Waste Local Plan Policy WLP21.

Page 19 Page 77 34. Waste Local Plan Policy WLP1 reflects the provisions of PPS10 to manage waste as close as possible to the point at which it is generated and to deal with waste in the most self-sufficient manner. This not only meets the aim of the Waste Local Plan for self-sufficiency in Lincolnshire but also complies with East Midlands Regional Plan 38, PPS 10 and Waste Local Plan Policy WLP1 in relation to the proximity principle and regional self-sufficiency. Should planning permission be granted this would not affect the planning permission at the existing HWRC site in Bourne, although it would be competition in terms of the HWRC contract – but this is not a planning issue.

Overall Conclusion

35. The application has been assessed against adopted local development policies in particular Waste Local Plan Policies WPL21 and Policies EN1, SP2 and E1 of the Local Development Framework for South Kesteven Core Strategy and it is considered that the proposal, subject to the imposition of relevant conditions, can be undertaken in a manner where the level of impact would be not be unacceptable. Consequently, it is concluded that this use is acceptable in land use planning and environmental terms, and would not significantly prejudice the implementation of the development plan's policies and proposals, although the development represents a departure from the Development Plan. Following consideration of the objectives of the policy and the comments received through consultation and publicity, it is considered that, on balance, conditional planning permission should be granted.

RECOMMENDATIONS

A. That the applicant be invited to enter into a Planning Obligation under Section 106 of the Town and Country Planning Act 1990 to secure the sum of £6,500 for the administration, advertisement, consultation and implementation (and all associated works) for the erection of a digitalised speed sign. Also that as part of that Agreement, following implementation of the development the developer shall deposit the sum of £40,000 with the County Council to be utilised by the local highway authority for maintenance and improvement works of the highway on the signed route to the site. Also an Obligation to require all HGV’s visiting the site to use the length of Outgang Road to the east of the application site to Cross Road and for the length of Cross Road to the A16.

B. Subject to the completion of the Planning Obligation referred to above, the Executive Director for Communities be authorised to grant planning permission subject to the following conditions:

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Written notification of the date of commencement should be sent to the Waste Planning Authority within seven days of such commencement.

Page 20 Page 78 2. The development shall be carried out, except where modified by other conditions to this permission, in strict accordance with the following plans and drawings:

x Location Plan - RSDP-LP02 Rev A - received on 2 September 2011 x Proposed Site Plan Comprehensive Plan – RDSP-PL20 Rev A - received 2 September 2011 x Drainage Areas – 8620 – 109 (dated May 2011) – received 2 September 2011 x Proposed Site Plan of Household Waste Site – RSDP-PL15 – received 2 September 2011 x PPS25 Drainage Strategy Report (dated 24 May 2011) – received 2 September 2011 x Flood Risk Assessment Statement (dated May 2011) – received 2 September 2011 x Design and Access Statement – received 6 September 2011 x Transport Statement – received 13 October 2011 x Planning Statement – (dated October 2011) – received 14 October 2011 x Environmental Noise Assessment (dated October 2011) – received 14 October 2011 x Line of Acoustic Fence – RSDP–PL20B – received 21 November 2011.

3. No operations (including vehicle movements associated with the transportation of waste/recycled materials) shall take place other than between the following hours:

08:00 hours to 18:00 hours Monday to Friday 08:00 hours to 16:00 hours Saturday, Sunday and Bank Holidays (except Christmas Day and Boxing Day when the site shall be closed).

4. No additional lighting shall be installed without the prior written approval of the Waste Planning Authority. All external lighting used on site shall accord with the details set out in the application and accompanying details and shall be turned off when the site is closed, unless otherwise agreed in writing by the Waste Planning Authority.

5. The total tonnage of waste received at the application site shall not exceed 25,000 tonnes per annum. Records of all waste leaving the site shall be retained at the site office for a period of two years and be made available for inspection by the Waste Planning Authority upon request.

6. The access road shall be maintained in a good state of repair and kept clean of mud and other debris.

7. All surface water from the parking areas and hardstanding shall be passed through an oil interceptor prior to disposal to groundwater, a watercourse or a surface water sewer.

Page 21 Page 79 8. All vehicles, plant and machinery operated within the site shall be maintained in accordance with the manufacturer’s specification at all times and shall be fitted with and use effective silencers.

9. Prior to commencement of use of the site, a scheme for the improvement of the vehicle access including details of materials, specification of works, construction method and means to disposed of surface water shall be submitted to the Waste Planning Authority for written approval. Such scheme as approved shall be implemented in full.

10. The arrangements shown on the approved plan RSDP-PL20-B dated 30 November 2011 for the parking/turning/manoeuvring/loading and unloading of vehicles shall be available at all times the premises are in use.

11. Prior to commencement of use, the access road and turning features shall be laid out, constructed and suitably hardened for the whole of their lengths. A minimum of 60 metres back from the highway boundary to the concrete apron fronting the site shall be surfaced in bituminous materials.

12. Prior to the commencement of operations, a sign, the details of which shall be submitted to and approved in writing by the Waste Planning Authority, shall be erected and thereafter maintained, at the exit onto Outgang Road, advising drivers of vehicle routes agreed with the Waste Planning Authority - to ensure that all HGV’s entering and leaving the application site do so via the agreed signed route, that is via Outgang Road and Cross Road to the A16 and avoid travelling along Main Street, Baston. A written record shall be maintained at the site office of all movements out of the site by HGVs. Such records shall contain the vehicles registration and operating company’s identity and time/date of movement. The records shall be made available for inspection by the Waste Planning Authority if requested and retained for a period of not less than one month.

13. No operations shall commence on site until the applicant has submitted to the Waste Planning Authority, and received written approval, a Transport Plan for the routeing of HGVs to and from the site. The plan shall identify the arrangements for:

i) monitoring of the approved arrangements, ii) ensuring that all drivers of vehicles under the control of the applicant are made aware of the approved arrangements, and iii) the disciplinary steps that will be exercised in the event of default.

The approved plan shall be implemented throughout the life of the site.

Reasons

1. This condition is required by Section 91 of the Town and Country Planning Act 1990.

Page 22 Page 80 2. To ensure the development is undertaken in accordance with the approved details.

3, 4, 5, & 6 In the interests of protecting the local amenity of the area.

7. In the interests of minimising surface water pollution.

8 & 9 In the interests of safety of the users of the public highway and the safety of the users of the site.

10. To enable calling vehicles to wait clear of the carriageway of Outgang Road and to allow vehicles to enter and leave the highway in a forward gear in the interests of highway safety.

11. To ensure safe access to the site as well as the safety of users of the public highway.

12 & 13 In the interests of protecting the residential and local amenity of the area, as well as convenience and safety of users of the public highway.

Reasons for Granting Planning Permission

The proposed site was previously used for the manufacturing and storage of concrete products and would fall within the classes B2 and B8, and site adjoining a substantial area of sand and gravel extraction, within a significant plant area to the rear of the site. The HWRC would abut the applicant’s MRF. The proposal would enable the operator to improve the waste recycling facility provided. The proposed development would contribute to the potential recovery of waste materials per Part (xvii) of Policy WLP21. The proposal is fully in accordance with PPS10, the East Midlands Regional Plan (2009). Whilst the application represents a departure from Waste Local Plan Policy WLP2 it is acknowledged that this reflected the position for the provision of HWRC in 2006. Since that time circumstances have changed and it is not considered that granting permission for this particular site would comprise the requirements of Policy WLP2.

Policies Referred To

National Guidance Planning Policy Statement 1 - Delivering Sustainable Development Planning Policy Statement 4 - Planning for Sustainable Economic Growth Planning Policy Statement 7 - Sustainable Development in Rural Areas Planning Policy Statement 10 - Planning for Sustainable Waste Management Planning Policy Guidance 13 – Transport

East Midlands Regional Plan (2009) Policy 38 - Regional Priorities for Waste Management

Page 23 Page 81 Waste Local Plan 2006 (Saved Policies 2009) Policy WLP1 - Objective of the Plan Policy WLP2 - Household Waste Recycling Centres Policy WLP21 - Environmental Considerations

Local Development Framework for South Kesteven Core Strategy (2010) Policy EN1 - Protection and Enhancement of the character of the district Policy SP2 - Sustainable Communities Policy E1 - Employment Development

Informative

The applicant's attention is drawn to the comments/advice contained within the Environment Agency's letter dated 29 November 2011 (ref: AN/2011/113351/01- L01) attached to this Decision Notice.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

Page 24 Page 82 Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park S7/2760/11 House, Waterside South, Lincoln

National Guidance Communities and Local Government website Planning Policy www.communities.gov.uk Statement 4 - Planning for Sustainable Economic Growth 2009

East Midlands Regional East Midlands Councils website Plan (2009) www.emcouncils.gov.uk

Lincolnshire Waste Local Lincolnshire County Council website Plan 2006 (Saved www.lincolnshire.gov.uk Policies 2009) South Kesteven Core South Kesteven District Council website Strategy 2010 www.southkesteven.gov.uk

This report was written by Anne Cant, who can be contacted on 01522 782070 or [email protected]

Page 25 Page 83 Page 84 Appendix A LINCOLNSHIRE COUNTY COUNCIL PLANNING

Applicant's Existing Waste Management Site

ddd ResidentialResidential aaaddd ResidentialResidential oooaaa RR ggg aaannn PropertyProperty ttttgggaaa PropertyProperty uuuttttggg OOuuu nnnOO ooonnn sssttttooo aaasss BBaaa SiteSite ofof ApplicationApplication

NN ooo ooorrrr rrrrtttt tttthhh MM ResidentialResidential eee ResidentialResidential aaa ddd ooo ww PropertyProperty RR ooo aaa ddd

Sand and Gravel Processing Plant Materials Recovery Facility

Prevailing Wind Direction from the south-west Ò

Proposed Routeing Agreement

LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370

Location: Description: Outgang Road To form a Household Waste Recycling Centre, using the Baston Fen existing concrete surface. Construction of concrete walled bunkers for waste sorting, acoustic bund along part of north Application No: S7/2760/11S7/2760/11 and west boundary of the site. Scale: 1:5000 Planning andPage Regulation 85 Committee 12 March 2012 This page is intentionally left blank

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