Item No 6

Planning Committee

15 June 2005

Derwentside District: Application for a Certificate of Lawfulness for an existing use of land as an end of life facility involving the depollution of dismantling of motor vehicles, storage of motor vehicles both pre and post depolluting and dismantling, storage and sale of spare parts of motor vehicles which includes the storage and sale of ferrous and non ferrous metals at Site A Brookside Works, Craghead Industrial Estate, Craghead, County Durham for Mr S Bell.

Report of John Suckling, Head of Planning

Background

1 The End-of-Life Vehicles [ELVs] Directive (2000/53/EC) aims to reduce waste arising and increase the recovery and recycling of cars, vans, and other vehicles. In the End-of-Life Vehicles Regulations 2003 came into effect on 3 November 2003. The Regulations apply new standards to existing vehicle dismantling sites. Operators working under a registered exemption under previous regulations are now required to apply for a new site licence (if accepting vehicles which have not already been depolluted), and reach new minimum technical standards for all sites that store or treat ELVs.

2 In seeking a new waste management licence from the Environment Agency to treat, or continue treating ELVs, site operators must demonstrate that there is a planning permission or Certificate of Lawfulness of existing use in force in relation to the site for which they are applying for a new licence, before a licence can be granted.

3 A wholesale review of the planning situation at sites dealing with ELVs has been triggered by the new Regulations.

Certificate of Lawfulness

4 An application has been received for a Certificate of Lawfulness for an existing use of land as an end-of-life vehicle facility at Site A Brookside Works, Craghead Industrial Estate, Craghead. The application comprises a plan and documentary evidence seeking to substantiate the case for a Certificate, and in effect a claim that the use began more than ten years before the date of application, in this case before18 March 1995, and has been in continuous use since. Under Section 191 of the Town and County Planning Act 1990 [concerned with procedure for established uses], a decision needs to be made on the basis of evidence and law, rather than on the planning merits.

5 In determining whether a use is lawful, the burden of proof is with the applicant. However, in consideration of these matters the local planning authority should give primary attention to the adequacy of the evidence submitted, rather than seeking to construct a different view on the premise that a claimed use is inappropriate. The planning merits of the use and environmental considerations are not relevant. In the case of a waste facility such as an ELV use, a waste management licence must nevertheless be obtained, and will be conditioned to address day to day environmental considerations and controls for operating the site.

The site

6 The site area as delineated is approximately 0.043 Ha of land in the north west part of Craghead Industrial Estate, Craghead as shown on the attached location plan. The Craghead Industrial Estate, is a general industrial estate allocated in the adopted Derwentside District Local Plan (1997) (Policy IN5) for development involving less attractive or un- neighbourly industrial uses. The site is adjacent to other vehicle dismantlers. The closest residential properties are approximately 20m to the west at Holmside Terrace and approximately 38m to the north at Wagtail Terrace.

Local authority planning history

7 Derwentside District Council granted planning permission for a change of use to storage of metals, parking and garaging of haulage vehicles in September 1969. This permission did not provide for outside storage unless agreed by the local planning authority. However, the precise area to which this permission relates is not known. In December 1970 planning permission was granted for a storage yard for ferrous and non ferrous metals and prefabricated building parts for an area to the south of the current application area. Planning permission was refused for the use of a larger area, including the current application area, as a scrap yard in August 1975. Outline planning permission for a building in this larger area to dismantle vehicles and store parts was granted in December 1980. This planning permission is considered to have lapsed as an application for approval of reserved matters was not submitted.

The application

8 The application form states that the application area is used for “an ended vehicle use which involves a depolluting and dismantling of motor vehicles both pre and post depolluting and dismantling storage and sale of spare parts of motor vehicles which includes the storage and sale of ferrous and non ferrous metals”. The applicant’s witness statement accompanying the application states that he wishes the certificate to cover “an end of life facility involving the depollution of dismantling of motor vehicles, storage of motor vehicles both pre and post dismantling, storage and sale of spare parts of motor vehicles which includes the storage and sale of ferrous and non ferrous metals”. From this description the application can be summarised as being for the existing use of land for an end of life vehicle use involving depolluting and dismantling of motor vehicles, storage of motor vehicles pre and post

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depolluting and dismantling, and sale of spare parts of motor vehicles which includes the storage and sale of ferrous and non-ferrous metals.

9 The application area comprises an outdoor area where the end of life vehicle activity is carried out. The applicant claims that since 1977 the entire site (that with planning permission and that to which the current application relates) was operated by a Mr Rowles who operated the site for the purpose of the acquisition of vehicles, storage of vehicles and demolition and dismantling of vehicles, the storage of vehicles pre and post demolition and storage of spare parts. It is claimed that Mr Rowles carried on the business on the whole of the site notwithstanding that his property did not include the land the subject of this application. It would appear that Mr Rowles operated the business as Craghead Metals Auto Salvage between the years 1975 to 1999. The applicant took over the business in 1999 from Mr Rowles, and renamed it Bells Breakers Auto Dismantlers.

Consultations and views received

10 Derwentside District Council offers no objection to the application and confirms the planning history of the site as set out in paragraph 7 above. The District Council considers that it is clear that the outside storage area agreed by the 1970 permission was exceeded and looked at in 1975 and in 1980 but never resolved. The 1975 permission which sought to resolve this matter, resulted in a refusal and the 1980 outline application only related to a storage building on the site. The scrap yard has continued to operate over the years without any resolution of these issues and it has been indicated by the District Council’s Enforcement Officer that it would clearly be immune from enforcement action.

11 Derwentside District Council (Revenues and Benefits Team) has not commented (consulted on 23/03/05).

12 The Environment Agency has not commented (consulted on 23/03/05).

Evidence and information

13 The applicant has submitted information including sworn witness statements from himself and from three customers regarding the use claimed over the entire site. One customer of Mr Rowles and Mr Bell claims that the use of the premises for scrap and waste materials has been continuous over the whole of the site from 1977 up to the present day. Another customer states that the site has been used for scrap and waste materials across the entire site. Another customer who was once an employee until 1994, claims that he has purchased parts from the site up to the present day.

14 The Appendix to this report sets out the significant weight of evidence that has been submitted in support of the application.

15 The submission of correspondence from the Environment Agency, copies of non-domestic rates, utility bills, tax returns and various receipts and invoices provide evidence that an end of life vehicle business has operated for the 10 year period but not all of the evidence submitted 3

refers to the site address. Nevertheless, from the evidence submitted and otherwise available it appears that on the balance of probability, the site has been used for vehicle dismantling and associated activities continuously for 10 years or more. The witness statements relate specially to the entire site claimed in the ELV submission and provide evidence of dismantling of vehicles before March 1995 and continuously since. During a site visit on 31 March 2005 it was evident that the application area was being used for the storage of a variety of vehicle parts. Depolluting and dismantling may take place within an open fronted building located within the application area which was also used for the storage of vehicle parts. The storage of whole vehicles was not taking place within the application area at that time. However, aerial photographs held by the County Council for 2001 appear to show the storage of vehicle parts and whole vehicles within the application area.

Recommendation and reasons

16 The Planning Committee needs to be satisfied, on the balance of probabilities, that the evidence submitted in respect of the ELV area at Site A Brookside Works, Craghead Industrial Estate, Craghead is adequate, conclusive and sufficient to demonstrate the claim for a Certificate of Lawfulness for 10 years of existing use of the land for an end of life vehicle use involving depolluting and dismantling of motor vehicles, storage of motor vehicles pre and post depolluting and dismantling, and sale of spare parts of motor vehicles which includes the storage and sale of ferrous and non-ferrous metals is lawful. Government guidance indicates that there would be no good reason to refuse an application if evidence is sufficiently precise and unambiguous to justify the grant of a Certificate. In this matter, the documentation submitted has been checked and assessed by the Authority with the above requirements in mind.

17 I recommend that a Certificate of Lawfulness be granted in respect of Site A Brookside Works, Craghead Industrial Estate, Craghead shown on the attached plan for an established use of land and building as an End of Life Vehicle facility, for the following reason:

The documentation submitted and information otherwise available to the Waste Planning Authority provides sufficient evidence that, on the balance of probabilities, the use of the defined area of land for an end of life vehicle use involving depolluting and dismantling of motor vehicles, storage of motor vehicles pre and post depolluting and dismantling, and sale of spare parts of motor vehicles which includes the storage and sale of ferrous and non-ferrous metals, has been so used continuously for longer than 10 years, such that a lawful use is established.

Background papers Application form dated 18 March 2005, certification dated 18 March 2005; covering letter from Smith Roddam Solicitors dated 18 March 2005 with supporting information. Letter from Smith Roddam Solicitors dated 21 March 2005 enclosing a site plan at 1:1250 scale. Consultation letters and responses and other correspondence on the application file COL/1/3. Contact: John Byers Tel: 0191 383 3408

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Appendix

Evidence submitted in support of the Certificate of Lawfulness application, at Site A Brookside Works, Craghead Industrial Estate, Craghead, County Durham for Mr S Bell.

1 A letter from the Environment Agency dated 22 September 1999 to Craghead Metals Auto Salvage provides notification of the annual fee for registration of exempt activities for the period 11 October 1999 to 10 October 2000. Attached to the letter is a notice of (and invoice for) annual fee in respect of exemption from the need to hold a waste management licence for the ‘recovery/storage of waste from scrap metal/motor vehicles’. A further letter from the Environment Agency to Mr Bell dated 28 February 2005 states that on 11 October 1995 the Agency granted an exemption from waste management licencing to Mr G Rowles at Craghead Metals Auto Salvage, Craghead Industrial Estate. According to the Agency letter this allowed the site to dismantle vehicles and store and sell parts and on 21 November 2001 the site was transferred to Mr Bell and a new exemption was raised for Bells Breakers Auto Dismantlers. The letter goes on to state that inspections showed the site being operated within the terms of the exemption and renewal certificate. This exemption confirms that the site was first registered as exempt from waste management licensing on 11 October 1995, sufficient to demonstrate at least 9 years occupation. It is not clear whether or not the exemption relates to the current application area. The applicant has submitted a waste management licence application to the Environment Agency, the application boundary includes the area granted planning permission in 1970 and the current application area.

2 Copies of non-domestic rates bills from Derwentside District Council for the site for the years 1994/1995, 1995/1996, 1996/1997, 1997/1998, 1998/1999 and 1999/2000 accompany the application. The bills are in the name of Mr Rowles, t/a Metals, and the address of the property giving rise to the charge is stated as being Site A, Brookside Works, Craghead. The property description is given as being “land used for storage”.

3 Also submitted with the application are bills from NWL for metered water and sewerage services for Craghead Metals site at Craghead Industrial Estate for various dates in 1995, 1996, 1997, 1998 and 1999. A copy of a ‘properties per account’ from NWL for Mr Rowles for Craghead Metals at Site A Craghead Industrial Estate, Craghead has been submitted stating that Mr Rowles occupied the property from 14 November 1989 to 5 November 1999. Bills addressed to Bells Breakers, Craghead Industrial Estate have also been submitted for various dates in 2000, 2001 and 2004.

4 Other bills submitted as evidence are bills from Northern Electric PLC in the name of Mr Rowles for the supply of electricity at Site A Brookside Works, Craghead Industrial Estate for dates in 1997, 1998 and 1999. Electricity bills and correspondence from Northern Electric and Gas 5

addressed to Mr Bell, Unit, Craghead Colliery Industrial Estate have been submitted dated 13 April 2000, 18 August 2000, 17 November 2000 and 25 April 2002 as has a credit note from National Power to Craghead Colliery Industrial Estate dated 19 August 2004.

5 BT telephone bills have been submitted in the name of Craghead Metals c/o Mr Rowles have been submitted for various dates in 1995, 1996, 1997, 1998 and 1999. BT bills in the name of Bells Breakers, Romanway Industrial Estate, Tindale Crescent, and Bells Breakers Low Meadows Farm, Lanchester for various dates in 2000, 2001 and 2003 have been submitted but do not mention the application site. Bills which specifically mention the business name and address of the application site have been submitted dated 8 February 2000 and 8 May 2000. The submission of the utility bills provide evidence that the business has operated out of the site for the 10 year period but they do not provide evidence that this encompasses the application site.

6 A solicitors letter to the applicant dated 23 December 1999 regarding the lease of Craghead Metals is included as evidence. As is a sales invoice dated 5 November 1999 which mentions stock in trade of business and plant and the equipment of the business.

7 A letter from Pullan Barns Chartered Accountants dated 2 March 2005 addressed to a Mr Roberts residing at the same address as Mr Rowles (there may be an error in the name) has been submitted which encloses accounts for the years ended 31 July 1996 to 5 November 1999 and tax returns for the years ended 5 April 2000 to 2004. According to the Accountants the documents show that trading was in his name from the yard up to 5 November 1999 and receiving rent from the yard since that date and that the tax return for the year 5 April 2000 shows the change over i.e. from trade to rent. Attached to this letter are financial statements for Mr Rowles t/a Craghead Metals, Colliery Yard, Craghead for 1996, 1997, 1998 and 1999. Each mention opening stock, purchases (no details are given), profit/loss, disposal of fixed assets including motor vehicles.

8 Tax returns from the Inland Revenue for Mr Rowles care of his home address for the years ended 2000, 2001, 2002, 2003 and 2004 are included with the evidence. The return for 2000 mentions the site address. The returns for 2001, 2002, 2003 and 2004 mention property income but no property address is given. A certificate for value added tax with an effective date of 15 November 1977 has been submitted in the name of Mr Rowles at The Colliiery Yard, Craghead. The trade classification is given as “dealing in scrap and other waste materials”.

9 Evidence for the purchase of vehicles are invoices for cars (one bill mentions a Ford Escort van) from HBC, Vehicle Services Collection, Storage and Sales in 1995, 1996 and 1997 with the purchaser name given as Craghead Metals, Craghead Industrial Estate. Some of the invoices specifically state “breaking vehicles”. Invoices from Phillips Insurance Co. Ltd. in the name of Craghead Metals for vehicles purchased from HBC have also been submitted. These invoices provide evidence that vehicles have been purchased by the occupier of the site.

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10 Evidence for the sale of metals include duty of care controlled waste transfer note and purchase transaction tickets in the name of Craghead Metals from the Robson Group Ltd for May 1995, June 1996, April 1997, May, June and October 1998 and July 1999 provide car details and mention car tyres and frag feed. Customer purchase invoices from Robinson & Hannon Ltd. listing Craghead Metals, Colliery Yard, Craghead as the seller of car shells and frag for various dates in 1995. Self bills in the name of Craghead Metals include the selling of steel to C H Newton Jnr & Co. Ltd., scrap metal, iron and steel processors for February 1995, March and April 1996. A receipt for the sale of irony aluminium from Craghead Metals to Blaydon Metal Co. dated 26 April 1996 and bill for the sale of frag feed to T Smith & Son dated April1996 and for light iron in July 1997. Sample invoices for the sale of scrap from Bells Autospares, Craghead Colliery Industrial Estate, Brookside Works, Craghead to J & J Stanley Ltd, Swalwell dated 2 December 2002 and 14 December 2002 have been submitted.

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