DC and R Report
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DEVELOPMENT CONTROL AND REGULATION COMMITTEE 23 June 2016 A report by the Assistant Director of Environment & Regulatory Services _____________________________________________________________________ Application Nos: 3/16/9008 & 3/16/9009 District: Eden District Council Applicant: Eden Recycling Parish: Waitby Parish Meeting Unit 8, Station Yard Kirkby Stephen Received: 1 AprilKirkby 2016 Stephen Site/Location: Waitby Sidings Open Windrow Compost Maturation Site, Waitby, Kirkby Stephen, CA17 4HH; OS Grid Ref: E 375597 N 509177 Proposals: Ref. 3/16/9008 - Remove Condition 1 of Planning Permission 3/14/9006 so as to remove the time-limit for the use of the land for the maturation of compost. Ref. 3/16/9009 - Provision of concrete slab to assist in the management of composting waste _____________________________________________________________________ 1.0 RECOMMENDATIONS 1.1 That planning permission for planning application reference 3/16/9008 is Granted subject to the conditions in Appendix 1. 1.2 That planning permission for planning application reference 3/16/9009 is Granted subject to the conditions in Appendix 2. 2.0 THE PROPOSAL 2.1 Planning Application Reference 3/16/9008 is submitted under Section 73 of the Town and Country Planning Act 1990 (as amended) and seeks remove the temporary time limit imposed under Condition 1 of Planning Permission 3/14/9006 so as to allow the permanent use of the site for the maturation of compost. 2.2 Planning Application Reference 3/16/9009 seeks full planning permission to form a concrete slab on site to assist in the management of compost windrow. The proposed concrete slab would be rectangular in form and measure 10m in width by 15m in length and would be set on the existing former railway track bed. A central sump with a 100litre capacity would be provided beneath this. 3.0 PLANNING BACKGROUND Responsible Planning Authority 3.1 Cumbria County Council is responsible for all planning matters relating to minerals and waste related developments within the County outside of the National Parks. 3.2 On the 23 October 2015 the Government confirmed the proposed extensions to the boundaries of the Yorkshire Dales and Lake District National Parks. The application site falls within the confirmed extended Yorkshire Dales National Park boundary. The alterations to the National Park boundaries take effect from 1 August 2016 from when the National Park will become the minerals and waste planning authority responsible for determining applications of this nature and for monitoring the site. Planning History 3.3 A retrospective planning application (Ref. 3/14/9006) for the change of use of land near Waitby Sidings from a disused railway to land for maturation of compost was lodged in July 2014. The use of this land for this purpose began in January/February 2013. The officer report on the application recommended granting planning permission for a temporary trial period (to cover a three further composting seasons) in order to provide an opportunity to assess the effect and acceptability of the development on the area in light of the conditional limits proposed so that the planning authority could ensure the low-key restricted use of the site proposed is achievable. The application was presented to the Development Control & Regulation Committee on 8 October 2014, when planning permission was granted for a temporary trial period. The temporary planning permission expires on 30 April 2018. 3.4 The current planning conditions limit the use of the windrow to final maturation and the waste streams present within it to bio-degradable green wastes. The conditions also control the location (reinforcing a 100m separation distance of the windrow from the boundary of Waitby Crossing Cottage), height (3m limit), and extent of the windrow and amount of composting material on site. Commentary in respect of Planning Compliance 3.5 Ongoing correspondence regarding the operation of the site has been received from the neighbouring property since planning permission was granted. The correspondence has primarily concerned the presence on the site of waste items outside the terms of its consents. When the issues raised have been investigated no breach of planning condition nor has any other contravention of planning control been identified. In terms of waste items, nothing more has been seen on site by officers than occasional fugitive traces of plastics and other inert wastes within the larger compost body that have slipped through the initial material screening process of the collected green waste materials. Similarly, photographs provided to officers by members of the public have not indicated any quantities of unsuitable non-green composting wastes. The Environment Agency has also recently visited the site and not detected any non-compliance with the terms of the Waste Exemption the site operates under (EA T23 Waste Exemption). Due to the retrospective and trial nature of the planning permission, it should be noted that in addition to reactive visits to the site, officers have also proactively monitored the site when in the Upper Eden area and no breaches of planning control have been identified. 3.6 The applicant’s agent has submitted a commentary regarding compliance with the planning conditions to date. This presents a strong picture of compliance with the conditions. Where it highlights part non-compliances, actions to rectify this and justification have been provided. For example it reports an instance where mud was tracked onto the highway and that, when this was brought to the operator’s attention, this material was cleared up within hours on the same day. 4.0 SITE LOCATION & DESCRIPTION OF THE SITE AND ITS SURROUNDING CONTEXT 4.1 The site is located approximately 1.5km west of Kirkby Stephen and 850m north- east of the small village of Waitby. It is situated in an area of sparsely populated countryside that is characterised by rolling upland farmland (in both arable and pastoral use) with strong field patterns with a mix of mature hedgerows, post- and-wire fencing and stone walls. The site is within a small enclosed valley area ensconced between rolling drumlin hills. The site is situated on the trackbed of the disused Eden Valley Railway. This trackbed remains as a feature in the landscape and as field boundaries although no track physically remains in situ. 4.2 Access to the site from the public highway is gained via an unclassified lane (the U3305). The U3305 extends from the C3080 - the Kirkby Stephen (Christian Head) to Waitby road just west of Sandwath Bridge (and is sign-posted “Moorlands, Stripes, Smardale Mill”). After approximately 900m on this narrow section of minor road (where vehicle passing is generally achieved by pulling into agricultural gateways) the site is then reached by turning left just past Waitby Cottage and proceeding 80m down Public Right of Way No. 371008, which is a byway open to all traffic. This 80m length of land/track is in the applicant’s ownership. 4.3 The northern end of the site is adjacent to the southern garden boundary of Waitby Crossing Cottage. The residential dwelling house is approximately 50m from the site boundary. Coniferous trees along the properties southern boundary screen the site from view within the curtilage of the dwelling. The next nearest residential property is Moorlands, approximately 340m to the east. The parcel of land is immediately surrounded by farmland on all other sides. Sandwith Sike watercourse lies approximately 20m south of the application area. 4.4 Upon entering the site the disused railway line is slightly undercut, with the track bed gradually rising upward in elevation as it progresses southward onto a clear embankment that stands approximately 0.5m-1m above the ground level of surrounding fields in the proposed composting area. This gently sloping engineered gradient makes a portion of the internal access track leading up to the windrow more susceptible to surface water ponding from heavy rainfall events. A small un-named watercourse crosses the southern edge of the red line boundary of the site, 90m from the operational area of the site. Site Extent and Operational Area 4.5 The planning permission boundary covers an area of 0.48ha including the site access. The main parcel of land averages out as being approximately 17m in width (being 11m wide at its narrowest point and 22m wide at its broadest). Within the site the green waste composting windrow is sited so that it is at least 100m from the southern boundary of Waitby Crossing Cottage and is limited to a maximum of 40m in length. 5.0 PARTICULARS AND NATURE OF THE OPERATION AND USE 5.1 The applicant provides skips to a number of villages in the Upper Eden area for the collection of bio-degradable green garden waste. When full, the skips are taken to the applicant’s Station Yard site in Kirkby Stephen where the contents are sorted, appropriate green material shredded and the resulting compost material held and managed for the initial 6-8 week sanitisation and primary stabilisation period prior to being brought to the Waitby sidings site for maturation by open-windrow. The time period for maturation generally ranges from 2-4 months. Once the material has matured, it is screened on site into dumpy bags or skips and the composting product is returned to local villages for their use and the excess sold to the general public. The deposit and screening of material is seasonal, generally taking place over the more temperate growing season – i.e. from March/April through to late September / early October. 5.2 All deliveries of material to the site are undertaken using the applicant’s small 4 wheel wagon which can carry 12 tonnes. The applicant states that the site has a maximum operational throughput of 180-240 tonnes per annum with a maximum of 60 tonnes of material being held at anyone point in time on site (in order to meet the restrictions set-out by his Waste Exemption).