PLANNING SUPPORTING STATEMENT NCC Received 05/06/2017
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TOWN-PLANNING.CO.UK Use of Land for the importation, storage and processing of construction and infrastructure inert waste Land Adjacent to Railway Line (Former Highways Depot), Off Great North Road, North Muskham, Newark, NG23 6HN Applicant: Laffey's Ltd PLANNING SUPPORTING STATEMENT NCC Received 05/06/2017 June 2017 South View, 16 Hounsfield Way, Sutton on Trent, Newark, Nottinghamshire, NG23 6PX Tel: 01636 822528; Mobile 07521 731789; Email: [email protected] Managing Director – Anthony Northcote, HNCert LA(P), Dip TP, PgDip URP, MA, FGS, ICIOB, MInstLM, MCMI, MRTPI TOWN-PLANNING.CO.UK is a trading name of Anthony Northcote Planning Ltd, Company Registered in England & Wales (6979909) Website: www.town-planning.co.uk TOWN-PLANNING.CO.UK Great North Road, North Muskham This planning statement has been produced by TOWN-PLANNING.CO.UK to support this individual planning proposal and the conclusions it reaches are based only upon the planning application information the LPA has made available on its website, other published information and information provided to the company by the client and/or their representatives. The author of this report is: Anthony Bryan Northcote, Managing Director of TOWN-PLANNING.CO.UK. He holds a Higher National Certificate in Land Administration (Planning) with Distinction; Diploma with Distinction in Town Planning; Post-Graduate Diploma with Distinction in Urban and Regional Planning together with a Master of Arts Degree in Urban and Regional Planning. He was elected to the Royal Town Planning Institute in 1996 and now has over 26 years planning experience within the public and private sectors involving a full range of planning issues. In addition he is also a Member of the Institute of Leadership and Management; a Member of the Chartered Institute of Management; a Member of the Town and Country Planning Association; a Member of the United Kingdom Environmental Law Association; a Fellow of the Geological Society; and an Incorporate of the Chartered Institute of Building. © TOWN-PLANNING.CO.UK June 2017 Received NCC 05/06/2017 2 TOWN-PLANNING.CO.UK Great North Road, North Muskham The Site The formal OS address for the site is Land Adjacent to Railway Line, Off Great North Road, North Muskham, Newark, NG23 6HN. The site is shown below and lies at Grid Reference: 479181 – 358652. It was used for many decades until recently by the Highway Authority (Nottinghamshire County Council) as a highways depot specifically for the importation, storage and processing of construction and infrastructure inert waste. The County Council has we understand terminated its lease of the site. The site is understood to be owned by Mr Butler, although some uncertainty of ownership of all the area remains due to the passage of time. Received NCC 05/06/2017 © Crown Copyright, used under Open Government Licence It is accessed from Great North Road, the B6325, the access lies 73m south of the North Muskham Roundabout with the A1. The eastern side of the site abuts the highway, the south-western edge of the site abuts the East Coast Mainline Railway line. The land to the west is former railway sidings, known as Muskham Sidings and used since at least 1875, within the same ownership. The site itself was the former public highway 3 TOWN-PLANNING.CO.UK Great North Road, North Muskham route of Great North Road, which crossed the East Coast Mainline by level crossing until the overbridge was built. We are unclear as to the precise date the level crossing was built but the overbridge was in existence at the time of the 1960 OS Map. Received NCC 05/06/2017 © Google, used under commercial arrangement (Date of Image 19th April 2007) The Surroundings To the north of the site is a property known as Cherubs Day Nursery, which in 2016 had consent for the change of use of existing building from D1 to mixed use of B1 (main office for social care business, incorporating office administration, meetings and training) and D1 to continue to provide daycare services. To the south is a property known as Downside Cottage, the former crossing cottage, which operates as a 4 TOWN-PLANNING.CO.UK Great North Road, North Muskham mixed residential and taxi operating base. Downside Cottage lies on the opposite side of the East Coast Mainline. Further north around the A1 roundabout and Bathley Lane there are two dwellings known as Jaymin and The Gate House and the Ashiana Restaurant. Beyond Ashiana Restaurant lie the properties Dairy House and North Road Farm. Further south on Mill Lane, on the other side of the East Coast Mainline in the parish of Bathley, is Railway Cottage and the adjacent Timber Sales Yard. Further to the north-west on the opposite side of the East Coast Mainline on Muskham Lane in Bathley parish lie two properties Corden Lodge and Ashurst. These properties are the following distances from the application site: Cherubs 112m (to the north) Downside Cottage 17m (to the south-west) Jaymin 155m (to north-west) The Gate House 140m (to north-west) Ashiana Restaurant 150m (to the north) Railway Cottage 319m (to the south) Dairy House 265m (to the north) North Road Farm 309m (to the north) Received Corden Lodge 320m (to the north-west) Ashurst 327m (to the north-west) NCC 05/06/2017 The nearest properties in North Muskham village are Mill House (450m to the south-east); Tumbleweed on Nelson Lane (239m to the north-east); Brackendale on Waltons Lane (331m to the north-east). These properties lie on the opposite side of the A1. Site Photographs We took the following photographs on site on the 2nd December 2016, at this time the site was still in use by Nottinghamshire County Council as the Highway Authority: 5 TOWN-PLANNING.CO.UK Great North Road, North Muskham Received NCC 05/06/2017 Location and Direction of Photographs 6 TOWN-PLANNING.CO.UK Great North Road, North Muskham Received NCC 05/06/2017 Photograph 1 (Shown by Purple Arrow) – Looking North Across Site Towards Entrance 7 TOWN-PLANNING.CO.UK Great North Road, North Muskham Received NCC 05/06/2017 Photograph 2 (Shown by Green Arrow) – Looking South Across Site Towards East Coast Mainline 8 TOWN-PLANNING.CO.UK Great North Road, North Muskham Received Photograph 3 (Shown by Orange Arrow) – Looking East Across Adjacent Land Towards Site NCC 05/06/2017 Photograph 4 (Shown by Blue Arrow) – Material on Site 9 TOWN-PLANNING.CO.UK Great North Road, North Muskham Received NCC 05/06/2017 Photograph 5 (Shown by Black Arrow) – Material on Site 10 TOWN-PLANNING.CO.UK Great North Road, North Muskham Planning History We can find no recorded planning history for the site on the Newark & Sherwood District Council online planning records or on the Nottinghamshire County Council online planning records. There are planning records for the Cherubs Day Nursery to the north, the land to the west and Downsize Cottage to the south of the East Coast Mainline. Historical Use of the Application Site The site has been utilised by the County Council as Highway Authority and by a number of private contractors for the importation of inert waste from construction and infrastructure projects. The construction and infrastructure inert waste has been processed and sorted on site, involving crushing and screening activities. It has then been stored on site, often for many months on end before being taken off-site for reuse in construction and infrastructure projects. Movement of material to and from the site has been by HGV, processing and sorting on site has been undertaken by plant and machinery brought onto the site. Crushing and screening activities have been undertaken by mobile plant brought onto site. Received We believe that the defined activities applied for has taken place on the site for a period in excess of at least 30 years by our clients as a contractor on behalf of the County Council as Highway Authority. We are aware NCC 05/06/2017 that other contractors have also undertaken the same type of activity on the site over the same period. The importation of inert waste from construction and infrastructure projects by the County Council has not been undertaken with the benefit of any planning permission. Instead the Highway Authority are of the view that the works have benefitted from permitted development rights under the Town and Country Planning (General Permitted Development) (England) Order 2015 and its predecessors. This is understood to have been under Schedule 2, Part 9 - Development relating to roads, Class A (b) – development by highways authorities which states: “A. The carrying out by a highway authority— (a) on land within the boundaries of a road, of any works required for the maintenance or improvement of the road, where such works involve development by virtue of section 55(2)(b)(g) of the Act; or (b) on land outside but adjoining the boundary of an existing highway of works required for or incidental to the maintenance or improvement of the highway.” 11 TOWN-PLANNING.CO.UK Great North Road, North Muskham In this case we have not been able to secure detailed evidence on tonnages imported, stored or processed on site by the Highway Authority. The physical size of the site itself is a limiting factor on the scale of activity that can be carried out on the site. The works undertaken by our clients on behalf of the County Council over several decades has involved the use of the same plant and machinery as would be utilised in the current proposed development. Photographs of Historical Use from Published Sources The following site photographs have been obtained from published sources, these illustrate that the site has been utilised for this activity clearly at least since 9th April 2004.