D

DEVELOPMENT CONTROL AND REGULATORY BOARD

19 TH AUGUST 2010

REPORT OF THE CHIEF EXECUTIVE

COUNTY MATTER

PART A – SUMMARY REPORT

APP.NO. & DATE: 2010/0484/01 (2010/C310/01) – 22 nd June 2010

PROPOSAL: Application to vary condition no.3 of permission ref. 2008/0653/01 (hours of operation) from 08:00 – 17:30 to 07:00 – 18:00 Monday to Friday and open on Public/Bank Holidays

LOCATION: Manor Farm, Road, Aston Flamville ( District)

APPLICANT: J & F Powner

MAIN ISSUES: Vehicle movements and traffic impact. Impact upon local amenity

RECOMMENDATION: Permit the extension of hours for delivery of compostable waste from 08.00 – 17.30 hours Monday to Friday to 07.00 – 18.00 hours Monday to Friday, subject to the amended condition as set out in the appendix to the main report, but do not permit the extension on the limits to deliveries of compostable waste to include Public/Bank Holidays.

Circulation Under Local Issues Alert Procedure

Mr. E. F. White CC

Officer to Contact

Dan Szymanski (0116 3057050) Email: [email protected]

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PART B – MAIN REPORT

Background

1. In March 2003 planning permission was granted for the development of a composting facility at Manor Farm, Aston Flamville. The permission was subject to 17 conditions and a section 106 agreement to control the routeing of vehicles to and from the site. In March 2006 permission was granted to vary condition 3 of the above permission (ref. 2006/0068/01) to include cardboard within the types of waste permitted to be composted at the site.

2. In April 2007 the Board approved a request from the applicant to vary condition nos. 4 (to increase vehicle movements from 60 to 100 per week) and 12 (to allow the site to open an hour earlier i.e. 07.00 hours) and a request to vary the vehicle routeing agreement (ref. 2006/1027/01). The amendment to the legal agreement sought to allow vehicles to enter the site from both Road and Sharnford Road, as opposed to Sharnford Road only.

3. In November 2008 the Board resolved to approve application ref. no. 2008/0653/01 for the relocation and extension of the site from the east to the west of Bridleway V34. This was approved subject to 21 conditions and a new routeing agreement specific to that planning permission. Subsequently in September 2009 the Board also approved an application to change the use of an existing farm shed on the site for the storage and bailing of plastics (ref. no. 2009/0487/01).

Location of Proposed Development

4. The existing composting operations are made up of a number of elements located in close proximity to each other within, and adjacent to, the complex of farm buildings. The farm buildings lie approximately 350m east of the village and 150m east of the Aston Flamville Conservation Area, screened by a small wooded area and a mature hedge. The operational composting area is provided in the form of a clay pad measuring approximately 90m x 40m, located on a field adjoining Public Bridleway No. V34 (on its eastern side). The pad is bounded by a clay bund approximately 0.5m high. As part of an earlier planning permission (ref. 2002/0747/01), the applicant provided a 3m wide grass verge adjacent to the bridleway to allow horse riders to seek refuge when vehicles are using the track.

5. The most recent permission (ref. 2008/0653/01) granted permission for the replacement pad measuring 115m x 50m on the north western side of the bridleway, on the same side as the farm complex and buildings. That pad would be surfaced in concrete and enclosed by a 3m high bund created using the stripped top soils. It would compost up to 25,000 tonnes of material per year. The new waste reception area will be located on land to the south of the pad within the existing farm yard. The office, parking and weighbridge area will be located as existing, to the south within the farm building area.

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Description of Proposal

6. Planning permission ref. 2008/0653/03 was granted in April 2009 for the construction of a new composting pad at the existing facility at Manor Farm. The new pad is nearly complete and operations are to be moved from the original site to the new pad; the original composting area will no longer be needed. Condition no.3 of the planning permission limits the timing of deliveries to the new site such that ‘no deliveries of compostable materials, or shredding or handling of such materials shall take place except between the hours of 08:00 and 17:30 Monday to Friday, 08:00 and 15:00 on Saturdays and no deliveries shall take place on Sundays or Public/Bank Holidays’

7. The planning application subject of this report seeks a variation of condition no.3 of planning permission ref. 2008/0653/03 to amend the limits to the timing of deliveries to the site such that ‘deliveries of compostable materials by municipal authorities shall take place between the hours of 07:00 to 18:00 Monday to Friday and on Public/Bank Holidays’.

8. The proposed change in the timing of deliveries to the site is sought to provide greater flexibility to Hinckley and Bosworth Borough Council in its household green waste collection. During spring of this year a number of problems arose regarding the amount of material collected during April as the gardening season began earlier than anticipated. As a result kerb side bins were occasionally still being collected into the evening. On one occasion a truck did not complete all collections until 21:30 and on a number of other occasions collection trucks were not arriving on site until 17:30 with tipping only permitted to take place until 18:00, leading to a backlog of trucks building up on the site. In order to prevent the backlogs impacting upon the collection schedule for the following days, site operators have resorted to allowing some trucks to tip in the morning at 7am (outside of permitted hours) to prevent a ‘knock-on’ effect occurring. The applicant states that this situation occurred on four collection days in April 2010.

9. The applicant also states that such flexibility in hours is required to facilitate the increase in participation rates in green waste recycling together with a significant increase in the number of houses built within the Borough. The resulting greater volume of green waste being collected will impact upon the timing of collections and the operation of collections rounds as a whole within the Borough. It is anticipated that there would only be 6 loads per week when collection vehicles would require access before 08:00 and after 17:30 hours, with shunter trucks deployed at peak times to help with the volume.

10. The principal justification to extend the delivery periods to include Public/Bank holidays is linked to the fact that from 17 th January 2010 Hinckley and Bosworth Borough Council has switched from a 4 day a week collection service to a 5 days a week service with 3 collection crews for green waste (4 in peak summer season). As such, this will result in collections on Public or Bank Holidays and therefore the applicant seeks the ability to accept deliveries of collected material to the site on these days. At present green waste has to be transported further afield to green waste sites in that are open to deliveries on Bank/Public Holidays such as Soars Lodge Farm, Broughton Astley (08 00 – 16 00 hours).

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11. The site also currently takes green waste deliveries from the County Council’s Barwell household waste recycling site. At present if the green waste bin at this site is filled on a Bank/Public holiday and needs to be taken off site, it has to be transported to a composting site in the east of the county near Market Harborough. It is stated that the ability to accept deliveries of green waste on Public/Bank holidays at the Manor Farm site would facilitate much shorter journeys than with existing arrangements.

12. It is proposed that during the extended hours of operation waste would be delivered on the shortest possible route to the site, lessening the impact of the vehicle movements on any one area and only affecting residential areas close to the collection round during such activities.

13. The proposed changes to the hours specified within condition no. 3 relate only to the delivery of waste; all other operations connected with the site would continue to be carried out within the previously consented hours.

Planning Policy

National Policy

14. National guidance on the development of land for waste management facilities is contained in PPS10 (Planning for Sustainable Waste Management) . The overall objective of Government policy is to protect human health and the environment by producing less waste and by using it as a resource wherever possible. Through more sustainable waste management, moving the management of waste up the ‘waste hierarchy’ and only disposing as a last resort, the Government aims to break the link between economic growth and the environmental impact of waste.

15. At paragraph 22 PPS10 explains that development plans form the framework within which decisions on proposals for development are taken. Where proposals are consistent with an up-to-date development plan, waste planning authorities should not require applicants for new or enhanced waste management facilities to demonstrate a market or quantitative need. In the interim before development plans are updated, WPAs should ensure proposals are consistent with PPS10 and the WPA’s core strategy. Paragraph 21 states that: in deciding which sites and areas to identify for waste management facilities, waste planning authorities should:

(i) assess their suitability for development against each of the following criteria: – the extent to which they support the policies in this PPS; – the physical and environmental constraints on development, including existing and proposed neighbouring land uses; – the cumulative effect of previous waste disposal facilities on the well-being of the local community, including any significant adverse impacts on environmental quality, social cohesion and inclusion or economic potential; – the capacity of existing and potential transport infrastructure to support the sustainable movement of waste, and products arising from resource recovery, seeking when practicable and beneficial to use modes other than road transport.

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(ii) give priority to the re-use of previously-developed land, and redundant agricultural and forestry buildings and their curtilages.

16. Waste Strategy 2007 sets targets for the recycling and composting of household waste. It requires at least 40% of waste to be recycled or composted by 2010, 45% by 2015 and 50% by 2020.

The Development Plan

17. The Development Plan in this instance is composed the , Leicester and Rutland Waste Local Plan (September 2002), and the Blaby District Local Plan (September 1999).

18. The Regional Plan (EMRP) was revoked by the Secretary of State with effect from July 2010. The overall regional context for waste policy is set by the Regional Waste Strategy (RWS), which is based on: working towards zero growth in waste by 2016; reducing the amount of waste sent to landfill; exceeding government targets for recycling and composting; and, taking a flexible approach to other forms of waste recovery on the basis that technology in this area is developing very quickly.

19. Policy WLP 7 of the Leicestershire, Leicester and Rutland Waste Local Plan states that the assessment of all proposals for waste management development will take account (inter-alia) of the following factors where appropriate: (ii) the effect on, and relationship to, sensitive nearby land uses (in particular residential properties) by reason of noise, dust, odour, litter, fumes, or any other potential nuisance, including reference to national and local air quality standards; (iii) the visual impact on the landscape and the surrounding area; (vi) transportation implications including the nature and volume of traffic, the point of access, the effect on the local environment and the highway capacity and safety implications; (x) the effect on public rights of way, sports, recreation and tourism facilities; (xviii) the provisions of the Development Plan and other planning guidance, being policies and proposals of local planning authorities for the area and any relevant strategies for the area; (xxv) the extent to which the development will contribute to an improvement in the efficiency of managing waste which is finally disposed at waste disposal sites.

20. Policy C2 of the Blaby District Local Plan states within the Countryside planning permission will not be granted for development which would have a significantly adverse effect upon the character and appearance of the landscape. Planning permission will be granted for small scale employment and leisure needs provided that criteria are met relating to: landscaping; character and appearance of nearby development; amenity and environmental impacts; and, fragmentation of agricultural holdings.

21. Policy C5 states that planning permission will be granted for the change of use and adaptation of an existing building in the countryside provided the following criteria are met:

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(i) the development can be carried out and sustained without the need for complete or substantial rebuilding, alteration or extension; (ii) the building is structurally sound and of appropriate design for the use proposed and is in keeping with the surroundings; (iii) the development (including any storage, plant or access provision) would have an adverse impact upon the character and appearance of the building or the landscape; and, (iv) the development would not result in an unsatisfactory relationship with other nearby uses including (inter-alia) vibration, emissions, noise, hours of working, disturbance, vehicular activity or an overbearing effect.

22. Policy CE12 states that planning permission will not be granted for development, which having regard to the general function of the area, would generate traffic levels, parking, noise or environmental problems which would be detrimental to the character or appearance of the Conservation Area. Existing uses which give rise to these problems will not normally be allowed to expand.

23. Policy CE22 states that planning permission will only be granted for development which: (i) takes into account and where appropriate, existing landscape, ecological or geological features; (ii) incorporates general landscaping and planting of an appropriate quality to assimilate the development into its local landscape and ecological context; (iii) provides a well landscaped and informal edge where development adjoins the countryside.

24. Policy WCS3 of the adopted Waste Development Framework Core Strategy and Development Control Policies Document sets out the strategy for non-strategic waste sites. The policy encourages the location of sites: in the Broad Locations for Strategic Sites indicated in the Key Diagram; in or close to the main urban areas of Hinckley or Melton Mowbray; within sustainable urban extensions; or, within or adjacent to an existing waste facility where it can be demonstrated that transport, operational and environmental benefits arise from co-location.

25. Policy WCS 4 provides a sequential approach commencing with existing waste management sites. It states that priority one will be given to land with an existing waste management use, where transport, operational and environmental benefits can be demonstrated as a consequence of the co-location of waste management facilities. The policy then includes unused and under-used agricultural buildings within the sequential list as a second priority site.

26. Policy WCS 5 states that the strategy for reuse, recycling, waste transfer and composting facilities is to allow new waste management development, provided the proposal does not cause unacceptable harm to the environment or communities.

27. Policy WCS10 outlines a strategy for environmental protection to ensure there are no adverse environmental impacts on waste including to: air, water and soil; the character and quality of the landscape; and, residential amenity. It also seeks the highest standards of operational practice for the management and working of sites.

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28. Policy WDC5 states that planning permission will not be granted for waste management development within the countryside, unless it can be demonstrated that: (i) the development is such that it cannot be accommodated within urban areas; (ii) there is an overriding need for the development; and (iii) the landscape character of the area will not be harmed.

Consultations

Blaby District Council

29. Objects to the proposal. The District Council is concerned that the vehicle movements associated with the operation have the potential to cause loss of amenity to local residents, particularly from as early as 7.00am on Bank Holidays, when residents might reasonably expect a degree of peace and quiet.

Notwithstanding this Council's objection, if the authority is minded to permit the proposal, it is suggested that the current variation is restricted, by condition, to the specific details as set out in the submitted planning statement. This makes a case for a minor increase in vehicular movements based on vehicles that would be operated by Hinckley and Bosworth Borough Council only. If left unrestricted, the comings and goings at the site by an unlimited number of companies/authorities from a wider area would be likely to result in an unacceptably intensive use of the site and the surrounding roads. This would inevitably lead to undue noise and disturbance for nearby residents during a public bank holiday as well as raising issues of unsustainability.

Aston Flamville Parish Council

30. The Parish Council objects to the application for variation of hours and on public / bank holidays, on the basis of the unreasonable early and late anti-social hours, (vis 07:00 and 18:00 extensions), and objects to the addition of use on public / bank holidays, as an intrusion to the normal life and practice custom which is the case in our own Blaby District Council policies.

The Application seeks to vary the hours to formalise the recent breaking of agreed planning conditions, many at times heavy trucks have arrived early at 07:00 , with others arriving after 17:30 , beyond well 18:00. All of these early and late deliveries are beyond the permitted hours (sic).

Our own District Council, Blaby DC does not collect any refuse or composting material on any Public/Bank holidays, and does not deliver to the facility at Manor Farm at all. It appears only the Contractor, Hinckley and Bosworth District (sic) Council, delivers to the Manor Farm facility, and J & F Powner Ltd wishes to increase these hours for the convenience of the commercial interests of Hinckley and Bosworth District (sic) Council.

Environment Agency

31. No objections

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Sharnford Parish Council

32 Sharnford Parish Council has also objected to the proposal, for the following reasons:

• extension of the daily working hours and days worked to include public/bank holidays is inappropriate in such a rural setting and on an access road such as Aston Lane; • impact upon the local amenity of the communities of Aston Flamville, and Sharnford of such additional and unsociable working hours and the additional traffic on local roads.

Leicestershire County Council Highways

33. No comments

Publicity

34. The proposal has been advertised by site notices and neighbour notification letters posted on the 24 th June 2010 and a press notice in the Leicester Mercury on the 29 th June 2010.

Representations Received

35. Four representations have been received from local residents, setting out the following reasons for objection:

• noise and vibration caused by existing vehicle movements; • number of vehicle movements as a result of the existing operations; • impact upon local amenity, particularly on Bank/Public Holidays in a designated conservation area; • road safety along Hinckley Road and Lychgate Lane.

Assessment of Proposal

36. The proposed extension to the hours of delivery for compostable waste to the composting site on weekday mornings and afternoons would facilitate greater flexibility for Hinckley and Bosworth Borough Council, in operating its collection of kerb side green waste. This is a particular problem during the peak spring/summer gardening season, when on occasions the site has struggled to facilitate the delivery and tipping of the required number of trucks within the existing permitted hours. The applicant seeks a relatively minor extension to the hours for such deliveries, namely an additional hour in the morning and half an hour in the afternoon. Estimates suggest that there would be only 6 loads per week when collection vehicles would require access outside of the existing time limits.

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37. Concerns regarding vehicle movements between 07 00 – 08 00 hours on weekdays, and the loss of local amenity have been raised by Blaby District Council, Aston Flamville Parish Council, Sharnford Parish Council and representations received from local residents. There is potential that noise and dust from vehicles travelling to and from the site, particularly at this earlier time, could have an adverse impact upon residential amenity. However, it is considered that the additional impact of a projected 6 loads per week outside of the existing limits to delivery times would be insignificant. Condition no. 4 of the extant planning permission (2008/0653/01) for the composting site limits the number of deliveries of compostable materials and collections to and from the site to 100 per week and a maximum of 30 in any one day. This application does not seek any intensification of the overall number of vehicles travelling to and from the site and there would no additional impact on highway safety.

38. The proposal also seeks consent for the site to receive deliveries of compostable waste on Public and Bank Holidays (not Sundays). The same parties have raised objection to this aspect of the proposal for local amenity reasons. It is considered that the impact upon local amenity of such activities on Public/Bank Holidays would have a significant adverse impact and advice from Blaby District Council does not support the principle of any Public/Bank Holiday working.

39. Hinckley and Bosworth Borough Council has commenced 5 days collections and as such collections already take place on these days, with trucks having to travel further afield through Blaby District to the sites at Soars Lodge Farm, (Broughton Astley) and Cosby Spinneys Farm (Cosby), given their specific locations, both of these sites are permitted to receive deliveries on Public/Bank Holidays to tip compostable waste. This situation gives rise to potential for wider impacts upon local amenity from noise traffic and dust as a result of trucks travelling through the District to these sites. If the facility at Manor Farm were to be permitted to receive deliveries on Public/Bank Holidays, there would be lesser impact from vehicle journeys upon the local amenity of residents within the wider Blaby District area.

40. The applicant has indicated that operating hours of 10 00 to 16 00 hours on Public/Bank Holidays would be acceptable for the anticipated delivery requirements and it is acknowledged that two other composting facilities within Blaby are permitted to operate on Public/Bank Holidays. Nonetheless, the principle of Public/Bank Holiday working is not considered acceptable in this instance. Local residents are likely to spend more time within their homes on these days, and given the location of the site within close proximity to the Aston Flamville village, it is considered that the movement of HGVs delivering compostable waste to the Manor Farm site on these days would have an unacceptable additional adverse impact upon the residential amenity.

Conclusion

41. The proposal seeks only to extend the limits to operational hours for deliveries of compostable material to the site; there would be no intensification of the total number of deliveries.

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42. It is considered that the proposed amendment of the limits for the delivery of compostable material by municipal authorities to the hours of 07 00 – 18 00 Monday to Friday would provide increased flexibility for site operations during peak times. The extended time period for deliveries would not have a significant additional adverse impact upon the amenities of local residents.

43. However, the proposed extension of activities to include deliveries of compostable material to the site on Public/Bank Holidays is not considered acceptable. It is considered that the additional impact of HGV movements in and around the village on these days would have an unacceptable adverse impact upon the amenities of local residents.

Recommendation

1. PERMIT subject to the conditions as set out in the appendix.

2. To endorse, as required by The Town and Country Planning (General Development Procedure) Order 1995 (as amended), a summary of the:

a. Policies and proposals in the development plan which are relevant to the decision, as follows:

This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant Circulars, together with the relevant development plan policies, including the following, and those referred to under the specific conditions as set out in the appendix:-

Leicestershire, Leicester and Rutland Waste Local Plan: Policies WLP7 and WLP8; and,

Waste Development Framework Core Strategy and Development Control Policies WCS3, WCS 4, WCS 5, WCS10 and WDC5.

Blaby District Local Plan: Policies C2, C5, CE12 and CE22.

b. Reasons for the grant of planning permission, as set out in Conclusion above.

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Permit, subject to the following conditions:

Conditions

1. Notwithstanding the provisions of Condition No. 3 of planning permission no. 2008/0653/01 (hours of operation), no more than 10 deliveries per week of compostable materials by, or on behalf of, municipal authorities shall be permitted between 0700-0800 hours and 1730-1800 hours Mondays-Fridays (except on any Public/Bank Holiday).

2. In all other respects, the requirements of Condition No. 3 of planning permission No. 2008/0653/01 (hours of operation) shall apply to the development.

3. In all other respects, the conditions attached to planning permission No. 2008/0653/01 shall apply to the approved development.

Reasons

1,2 To safeguard the amenities of the locality and minimise any additional impacts &3. arising from the approved extended hours of operation. (Policy WCS10 and Blaby District Local Plan Policies C2 and CE12).

Note to applicant

1. For the avoidance of doubt the effect of this consent is to amend the terms of the original condition no. 3 (ref. 2008/0653/01) in the following manner:

No deliveries of compostable materials, or shredding or handling of such materials shall take place except between the hours of:

0800 and 1730 Mondays to Fridays 0800 and 1500 on Saturdays; and (in addition to these limitations) No more than 10 deliveries of compostable materials per week (municipal authorities’ collections) between 0700-0800 and 1730-1800 Monday to Friday.

No deliveries shall take place on Sundays or Public/Bank Holidays.

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all the following applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children and Young People's Service and the Director of Corporate Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995. You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

COMMUNITY SAFETY IMPLICATIONS

Section 17 of the Crime and Disorder Act 1998 places a very broad duty on all local authorities 'to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all reasonably can to prevent, crime and disorder in its area'. Unless otherwise stated in the report, there are no discernible implications for crime reduction or community safety.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPLUSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

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