Hertfordshire County Council s9

HERTFORDSHIRE COUNTY COUNCIL Agenda No. DEVELOPMENT CONTROL COMMITTEE TUESDAY, 30th JANUARY 2007 at 10.00am 2 BROXBOURNE BOROUGH

APPLICATION FOR THE RECEPTION AND TREATMENT OF INERT SOLID WASTES TO PRODUCE RECYCLED SOILS AND AGGREGATES FOR REUSE BY THE CONSTRUCTION INDUSTRY AT COUNTY BROOK PLANTATION, BULLS CROSS RIDE, WALTHAM CROSS, HERTS

Report of the Director of Environment

Author: Felicity J.Hart Tel: 01992 556256

Local Member: Councillor R. Thomas (Adjoining Member: Enfield Council) : Councillor Mrs Annette Dreblow

1. Purpose of Report

1.1 To consider planning application ref. 7/0724-06 for the reception and treatment of inert solid wastes to produce recycled soils and aggregates for reuse by the construction industry on land at County Brook Plantation, Bulls Cross Ride, Waltham Cross, Hertfordshire.

2. Summary

2.1 This planning application has been submitted to seek permission for the use of land at County Brook Plantation for the reception and treatment of inert solid wastes to produce recycled soils and aggregates for reuse by the construction industry.

2.2Construction and demolition wastes are proposed to be taken to the County Brook Plantation site for processing and treatment. This would involve the use of static equipment for screening and crushing as well as the use of mobile plant to feed the equipment from stockpiles and to load vehicles with the recycled products.

2.3 The processes at the site would include the sorting, separation, screening and crushing of permitted wastes and their removal.

2.4 The principle issues relating to this application are:  impact of proposals on the Green Belt;  impact of the proposals on the local environment and amenity as a result of noise and vibration from increased traffic movements ( mainly HGV's );

09d5229645d616d30a63e4496d092861.doc 7/0724-06  impact of the proposals on local and adjacent land uses as a result of noise, from the site itself and from vehicle movements associated with the use and from pollution (smell, dust and litter) from the waste in the local environment;  impact of the proposals on highway safety and as a result of an increase in vehicle movements to and from the site;  need for the site as a waste site in Hertfordshire which would continue to contribute to the recovery or disposal of some of Hertfordshire's waste.

3. Conclusion

3.1 The report concludes that planning permission should be refused for the following reasons: i) The proposal constitutes inappropriate development in the green belt for which no very special circumstances have been demonstrated that would override harm and harm to the green belt. ii) There would be an adverse effect on the local environment and residential amenity of local residents due to noise (from both within the site and from vehicle movements associated with the use outside the site), litter and odour pollution in the area that cannot be satisfactorily controlled by conditions; iii) The proposal would result in a significant and adverse impact on highway safety and residential amenity due to numbers of heavy goods vehicles coming to and from the site.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 4.0 Description of the site and proposed development

4.1 The site comprises an open area of land surrounded by woodland and is situated to the north of the M25 in a rural location close to the County boundary. The land to the north of the site is occupied by the Western Cemetery and opposite on the eastern side of Bulls Cross Ride is a Camping and Caravanning site. There are sporadically located residential properties close by, situated to the north of the site off Bulls Cross Ride in Hertfordshire and to the south of the site in the London Borough of Enfield.

4.2 The site is currently used for the storage of mainly damaged/redundant plant and machinery (unauthorised) and the central part of the site has been cleared of trees some years ago and a substantial amount of hardcore has been laid down raising the natural land level. Mature trees remain surrounding the cleared (and raised) central area with woodland to the south and western parts of the site.

4.3 The applicant (Greater London Waste Disposal Ltd) proposes to use the site as an inert waste treatment and recycling centre for construction and demolition wastes. The treatment process proposed would involve the use of static equipment for screening and crushing as well as mobile plant to feed the equipment from stockpiles and to load vehicles with the recycled products. The proposed processes at the site include sorting, separation, screening and crushing of permitted wastes.

4.4 Specifically, it is proposed that on arrival at the site, inert wastes would be discharged into a stockpile from which an excavator or loading shovel would load a mechanical screener. Items too large for the mechanical screener would be removed for crushing. These would be stockpiled along with fines, prior to being put into a mobile crusher to generate saleable recycled aggregates. Screened fine materials (soils) and crushed hardcore are proposed to be stockpiled in designated storage areas.

4.5 The application states that the types of materials to be screened/ crushed would vary over time dependent on recycling markets and available inputs and technology.

The following has been put forward as an indication of throughput/ capacity proposed. . Unprocessed Inert wastes stockpile - max. capacity - 7,290 tonnes Maximum duration of storage - 4 weeks . Screening of inert wastes - maximum throughput – 1,000 tonnes/day . Processed inert fines stockpile - max. capacity - 2,250 tonnes Maximum duration of storage - 12 weeks

09d5229645d616d30a63e4496d092861.doc 7/0724-06 . Processed inert coarse stockpile - max. capacity 2,250 tonnes maximum duration of storage 12 weeks . Crushing of inert coarse wastes - max. throughput 500 tonnes/day . Processed hardcore stockpile - max. capacity of stockpile 2,250 tonnes max. duration of storage 12 weeks . Overspill stockpile for any of the above categories Maximum capacity of stockpile 7,290 tonnes Maximum duration of storage - 12 weeks

A maximum of 21,374 tonnes of waste/recovered materials is proposed to be stored on the site in normal circumstances.

4.6 Hours of operation and staffing

It is proposed that the site would operate from 06.00 am until 17.30 Monday to Friday and 07.00 - 13.00 on Saturdays. It is not proposed to open the site on Sundays or Bank Holidays. Within these hours it is proposed that all operations would take place including receipt of waste, recycling operations within the facility and dispatch of recycled materials and waste residues. It is proposed that the facility would operate for a minimum of 15 years.

4.7 It is proposed that 6 no. staff would be employed, 1 site manager, 1 administrator, 2 site/plant operators and 1 part-time administrator and 1 part-time plant fitter.

Proposed buildings and site layout

4.8 The application form states that the site is not currently being used, but that persistent fly tipping has led to the erection of secure fencing ( 2.5m high) and gates in the vicinity of the site entrance. Part of the site is surfaced with a substantial depth of hardcore. It is proposed that this will be extended to all areas for vehicle manoeuvring and stockpiling of wastes and recycled materials to minimise generation of mud.

4.9 Foul water is proposed to be drained to an underground septic tank. Rainwater would be collected and piped to a 3 stage interceptor before being discharged to watercourse.

4.10 A portacabin type building is proposed which would serve as a weighbridge/administrative office, mess room and changing room and toilets. This building is proposed to be located away from the entrance close to the north western boundary.

4.11 A large workshop building is also proposed in the furthest western corner of the site. It is proposed that this building would be of steel portal frame construction and would be 21m x 16m with a roller shutter

09d5229645d616d30a63e4496d092861.doc 7/0724-06 door on the entrance on the east elevation. It is proposed that the walls and roof would be constructed from dark grey plastic coated profiled steel sheeting panels.

Non-conforming wastes

4.12 All instances of non-conforming wastes are proposed to be treated as an emergency and will be placed in the quarantine area. Asbestos would be quarantined in a lockable, lidded skip and stored on the site until the skip is full awaiting transfer to a suitably licensed waste facility. Timber is proposed to be placed in a dedicated Ro-Ro container which, when full will be dispatched to a suitably licensed waste facility. Biodegradable and other non hazardous and /or non inert wastes are proposed to be placed in a dedicated Ro-Ro or similar container, which when full, would be dispatched to a suitable licensed waste facility. Scrap metals and liquids would be placed in separate containers and taken away. Bottled gases would be stored in an open cage awaiting collection by the owners

Highways

4.13 A Traffic Impact Assessment Report has been submitted with the planning application. This identifies the following highways that could be affected and the responsible highway authorities are as follows:

Bulls Cross Ride: L.B. of Enfield Whitewebbs Lane: L.B. of Enfield Bulls Cross: L.B of Enfield Bullsmoor Lane L.B. of Enfield A10 Grt. Cambridge Rd : Transport for London (TfL) M25 : Highways Agency ( HA)

4.14 The type of vehicle that would be used both for incoming waste and by outgoing re-cycled material is a four-axle tipper with a 30 tonne gross vehicle weight and a 20 tonne payload. It is anticipated that some 80 - 90% of vehicles would both arrive and depart with full payloads. The normal capacity of the site operation is expected to be approximately 600 tonnes and on this basis, assuming that 15% arrive or depart empty, then 68 movements (34 arrivals and 34 departures) are anticipated. Traffic movements by car/van associated with site staff and visitors are likely, at maximum, to be 28 movements during the day.

4.15 It is anticipated that the movements would take place between 0600 and 1600 with an average of 6/7 movements per hour generated. It is expected that all of the waste vehicle movements would be to/from the A10 and thus the local roads that would be used would be Bulls Cross Ride, Whitewebbs Lane (East), Bulls Cross(North) and Bullsmoor Lane. The applicant is prepared to enter a S106 Routing Agreement to guarantee that that would be the case. All of these roads have a 30mph speed restriction and are classified.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 4.16 Percentage traffic impact on the surrounding roads is described in the application as "relatively minimal" with the exception of impact on Bulls Cross Ride where the impact in morning peak hour is estimated at 14.6% and PM peak hour is estimated at 21.2%. It is noted that Bulls Cross Ride has a very low level of existing traffic movements.

Geometry of the highway

4.17 The application states that for a significant proportion of the total 300 metre length of highway from Bulls Cross ride to Bullsmoor Lane, the carriageway width is not wide enough to allow two goods vehicles to pass each other without either requiring the use of the adjacent footway/ verge or requiring the manoeuvre to be undertaken at very slow speed. The application states that the critical carriageway width dimensions are a minimum of 5.5metres for very slow speed passing and a minimum of 6 metres for reasonable speed passing. Also the corner radii at the Bulls Cross/Whitewebbs lane and Bulls Cross/ Bullsmoor Lane junctions are such as to require HGV's either to use adjacent footways/verges or to require the use of that part of the carriageway being used by opposing traffic. These deficiencies, therefore lead to inconvenience to road users, damage to footways/verges and potential highway safety problems. The Traffic Impact Assessment concludes that, on balance, the additional 68 additional goods vehicle movements per day ought to be taken as material in this case.

4.18 Plan SCP3 submitted with the application, shows a series of improvements proposed to deal with the potential problems as follows:  To provide a minimum carriageway width of 6.0 metres over the entire 300 metre length which would enable 2 maximum width goods vehicles (2.5 m width) to pass each other with an overall tolerance of 1.0m.  Improvements to the corner radii at the Bulls Cross Ride/ Whitewebbs Lane and Bulls Cross/ Bullsmoor Lane junctions. This would allow the appropriate manoeuvring of goods vehicles at each junction.  A minor widening of the carriageway at the bend in the highway at Gilmour Close.

Site History 4.19 The site has no formal planning history. At the end of the 19th Century, according to Ordnance Survey maps dated 1896 and 1914, a gravel pit is indicated on the land. In 1936 this is no longer indicated but the area is denoted as being wooded. The site has latterly (possibly in 1990's) been filled with hard core material to raise the land level and trees felled in recent years.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 4.20 The centre of the site is currently used for the storage of old plant and equipment, although no working of the site is taking place. The storage use of the site is unauthorised.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 5. Consultations

5.1 Broxbourne Borough Council: On the basis of information submitted with this application Broxbourne Borough Council objects and recommends refusal of this planning application for the following reasons: i) The development would result in a significant increase in the traffic on Bulls Cross Ride and would have an adverse effect on the local environment, contrary to Policy T6 of the Borough of Broxbourne Local Plan second Review 2001-2011. ii) The development represents an inappropriate use in the Green Belt, contrary to policy GBC2 and GBC16 of the Local Plan. iii) The development would result in disturbance to the nearby neighbouring properties contrary to Policy GBC6 of the Local Plan.

5.2 Enfield Council raises strong objection to the application for the following reasons: i) The proposed development would constitute inappropriate development in the Green Belt, which is by definition harmful, and no very exceptional circumstances have been put forward which would outweigh the harm caused by reason of inappropriateness. The proposal is therefore contrary to Policy GBC2 of the Borough of Broxbourne Local Plan - Second Review 2001-2011 and Planning Policy Guidance Note 2 - Green Belts. ii) The proposed use and associated operational development would detract from the open character and amenity of the Green Belt. The proposal is therefore contrary to Policy GBC2 of the Borough of Broxbourne Local Plan – Second Review 2001-2011 and Planning Policy Guidance Note 2 - Green Belts. iii) Based on the information provided the proposed use of the site as a waste transfer station will result in the generation of a significant volume of HGV movements that, given the nature of the roads leading to the site, will have an adverse effect on both the safety and free flow of traffic on the highway. The application proposes localised widening of roads within the London Borough of Enfield. This Authority is not convinced that these measures would address the traffic generation and highway concerns. The plans submitted are inadequate to fully assess the feasibility and impact of this widening. In any event, a 6m carriageway is and would remain sub-standard and does not allow two heavy goods vehicles to comfortably pass and maintain a safe distance for cyclists. iv) It appears that widening is achieved by cutting into the verge. This may be feasible in theory, but it would have an adverse and urbanising impact on the rural character of the street scene which would detract from the Green Belt.

5.3 The County Council as Highway Authority recommends that permission be refused for the following reasons:-

09d5229645d616d30a63e4496d092861.doc 7/0724-06 i) The local road network is unsuitable in width, construction and alignment for the type and number of lorry movements likely to be generated by this proposal. ii) The use of the local road network by heavy goods vehicles would be contrary to the weight restrictions which are already in place and would give rise to conditions prejudicial to highway safety.

5.4 Environment Agency has no objection in principle to the proposed development provided that conditions are imposed relating to:

i) The construction of storage facilities for oils, fuels or chemicals shall be carried out in accordance with details submitted to and approved in writing by the Local Planning Authority before development is commenced. ii) adequate sewerage and surface water drainage infrastructure to receive foul water and contaminated surface water discharges from the site is in place prior to use or occupation commencing. iii) a detailed site investigation to be carried out prior to commencement to establish if the site is contaminated, to assess the degree and nature of the contamination present, and to determine its potential for the pollution of the water environment. Details of appropriate measures to prevent pollution of groundwater and surface water, including provisions for monitoring, shall then be submitted to and approved in writing by the Planning Authority before development commences. The development shall then proceed in strict accordance with the measures approved. iv) The construction of the surface and foul drainage system shall be carried out in accordance with details submitted to and approved in writing by the Planning Authority before the development commences. v) No soakaways shall be constructed in contaminated ground.

5.5 Neighbour Consultation Responses A total of 23 Hertfordshire residents were consulted on the application (Enfield also carried out consultation) with 67 letters of objection received in total objecting on the following grounds: . inappropriate development in the Green Belt, . roads are already heavily congested and there is an existing vehicular weight limit, . adverse effect on both safety and free flow of traffic on the highway, . narrow country roads, . rural location, . widening of roads inappropriate, . access through Enfield,

09d5229645d616d30a63e4496d092861.doc 7/0724-06 . pollution from noise and . adverse effect on residential amenity.

6. Planning Considerations

6.1 The relevant development plan policies are:

Hertfordshire Structure Plan Review 1991 -2011 Adopted 1998 Policy 1 Sustainable Development Policy 5 Green Belt Policy 29 Traffic on rural roads Policy 55 Waste management Policy 57 Potentially polluting development and location of pollution sensitive development

The Waste Local Plan 1995 - 2005 adopted January 1999 WP1 Sustainable Development WP2 Need for Facilities WP12 Areas of search for permanent facilities for re-use, recovery, recycling and transfer of waste WP13 Criteria for Facilities outside Areas of Search WP16 Permanent Facilities WP18 Safeguarded Sites WP33 Landscape Intrusion WP40 Noise WP43 Traffic

Borough of Broxbourne Local Plan Second Review 2001-2011 adopted 8 December 2005 GBC2 Development within the Metropolitan Green Belt GBC6 Proposals for non-agricultural uses of Green Belt land T6 Rural Roads

National Guidance contained in PPG2 Green Belts PPS1 Delivering Sustainable Development PPS10: Planning for Sustainable Waste Management (2005) and Planning for Sustainable Waste Management: Companion Guide to Planning Policy Statement 10 (2006)

6.2 In accordance with national guidance contained in PPS10 ' Planning for Sustainable Waste Management' the Waste Planning Authority needs, in the determination of an application, to focus on whether development proposals comprise an acceptable use of the land, and the impacts of those uses on the development and use of land.'

09d5229645d616d30a63e4496d092861.doc 7/0724-06 Green Belt 6.5 The site is located in the Metropolitan Green Belt. Development proposed in the Green Belt must comply with the provisions of PPG2 (Green Belts). The proposed use of the site does not meet Green Belt purposes and does not assist in safeguarding the countryside from encroachment and the proposal does not maintain the openness of the area.

6.6 PPG2 states that there is a general presumption against inappropriate development and that such development should not be approved except in very special circumstances. PPG2 refers to inappropriate development as follows; 'Inappropriate development is, by definition, harmful to the Green Belt. It is for the applicant to show why permission should be granted. Very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.'

6.7 It is clear that the proposed use of the site would constitute inappropriate development as it does not fall within the list of types of development which PPG2 refers to (and are also referred to in Policy GBC2 of the Broxbourne Local Plan) and which can be constructed within the green belt. The proposed use of the land does not comply with any of the five criteria listed in paragraph 3.4 of PPG2 and therefore constitutes inappropriate development in the Green Belt.

6.8 No very special circumstances have been put forward by the applicant, although it is accepted that the proposed use would contribute to waste recycling in Hertfordshire. However, Waste Policy 2 of the Waste Local Plan clearly states that applications which would not meet the environment and planning standards contained in other policies of the development plan will not be permitted.

6.9 In addition, PPS10 states that if a proposal relates to a green belt site, then it is also likely to be inappropriate development. It may be appropriate if the applicant demonstrates that very special circumstances exist that clearly outweigh the harm caused by the site being developed in the green belt, and any other harm. However, no "very special circumstances" have been put forward by the applicant. Although it is accepted that the proposed use would contribute to waste recycling in the area, it is considered that the use could, however, operate from more appropriately located sites. Other sites not in the Green Belt could be equally suitable and it does not follow that the application site is a suitable location for this use. There are no specific locational advantages with the site that would justify the setting aside of Green Belt policy.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 Impact on the local environment

6.10 The character of the surrounding area is predominantly rural, with a mix of appropriate land uses including cemetery, camping site, equestrian uses and sporadic residential development. The area has an attractive rural appearance with a significant number of mature trees along Bulls Cross Ride with areas of established woodland on both sides of the road as well as the application site itself.

6.11 The proposed activities on site would result in outside stockpiles of material as well as two buildings and associated vehicles, skips, containers etc. It is considered that the operation of the site in this way, in conjunction with the significant increase in traffic movements to and from the site would have a severely detrimental visual effect on the surrounding area.

6.12 A 2.5 metre high steel and timber fence and gate has been erected for security along the front site boundary to the road and is of industrial style construction. Given the rural location of the application site, it is considered that the fence is of an inappropriate style and appearance in this location and has an adverse effect on the local environment.

Highway network and vehicle movements 6.13 The roads around the application site are of a rural nature, the section of Bulls Cross Ride in Enfield being a narrow, unclassified single carriageway approximately 6 metres wide. The section in Hertfordshire (to the north of the M25) is a narrow country lane and provides access to some residential properties, the Western Cemetery and a Camping and Caravanning Club.

6.14 Bulls Cross Ride forms a priority junction with Whitewebbs Lane, and incorporates adequate radii for current usage and a reasonable standard of visibility. There have been 5 personal injury accidents at or close to this junction over the past 5 years and currently there is a low volume of traffic currently using Bulls Cross Ride.

6.15 Whitewebbs Lane/Road is a single carriageway, rural-type unclassified road that connects Theobalds Park Road and Bullsmoor Lane (via Bulls Cross). The road is relatively narrow and has a poor alignment which, combined with high speeds, contributes to a relatively poor accidents record. Currently, a very small proportion of vehicles using these roads are heavy goods vehicles.

6.16 The section of Whitewebbs Lane to the east of Bulls Cross Ride has a 30MPH limit and a carriageway width generally less than 6m, with a pinch point down to 4.9m. There is also a narrow footway and verge on the southern side of the road.

6.17 At Gilmour Close, Whitewebbs Lane turns through 90 degrees and its name changes to Bulls Cross. The sharpness of the bend and the

09d5229645d616d30a63e4496d092861.doc 7/0724-06 boundary treatment results in limited forward visibility. Bulls Cross also has a narrow carriageway with a narrow footway on its western side.

6.18 Bulls Cross forms a priority junction with Bullsmoor Lane, with priority for traffic on the A105 ( southern arm of Bulls Cross and Bullsmoor Lane). The layout of the junction is sub-standard with poor visibility for vehicles turning right from Bullsmoor Lane into Bulls Cross (northern arm).

Traffic generation and proposed mitigation measures 6.19 The application states that material transported to and from the site would be mainly by 4 axle, 30 tonne tipper truck with a 20 tonne payload, although the use may generate other, larger vehicles.

6.20 The volume of HGV movements per day proposed (68) equates to a 283% increase in Whitewebbs Lane compared to the existing situation.

6.21 The Traffic Assessment submitted with the application suggests that some localised widening in Bulls Cross and Whitewebbs Lane should be undertaken to increase the carriageway to a uniform 6.0 metres. This widening would appear to cut into the verge and it is considered that this would visibly have an adverse urbanising impact on the street scene. Even at 6 metres wide the carriageway would still be sub-standard and would not allow two HGV's to comfortably pass and maintain a safe distance for cyclists.

6.22 Access to the application site is from Bulls Cross Ride. This road is a country lane, of a rural nature with a narrow carriageway. It is considered that an increase in HGV's as proposed along this section of road would have an adverse effect both on the safety and free flow of traffic as well as the local environment. The proposal would therefore conflict with Structure Plan policy 29 Traffic on Rural Roads.

Waste 6.23 Waste Local Plan Policy 2 states that the establishment of facilities such as that proposed by this application will be supported provided that in order to accommodate the equivalent of Hertfordshire's own waste arisings, there is a clearly established need for additional capacity which outweighs, amongst other interests, any environmental interest affected by the proposal. However, weight must be attached to PPS10 which has emerged after the adoption of the Waste Local Plan and is a material consideration.

6.24 PPS10 advises that Waste Planning Authorities need to focus on whether development is an acceptable use of the land, and the impacts of those uses on the development and use of land. PPS10 goes on to say that if a proposal relates to a site in a green belt, it is also likely to be inappropriate development.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 6.25 Structure Plan Policy 55 ( Waste Management) encourages and supports the recycling and re-using of waste, however it goes on to state that this needs to be balanced against the principles of sustainable development contained in Policy 1 of the Structure Plan particularly relating to the environmental and other effects of development. The policy also states that facilities should be sufficient to make an appropriate contribution to meeting the region's needs and regard will be had to the proximity principle. Waste would be likely to be taken to the application site from a number of different sources, some of which are outside of Hertfordshire. It is considered that the processing of this waste could take place at a more appropriately located site.

7. Conclusions

7.1 National planning guidance (both PPG2 and PPS10) refer to the fact that if a waste proposal is on a green belt site, then it is likely to be inappropriate development. Advice goes on to say that proposals may be still be appropriate if the applicant is able to demonstrate that very special circumstances exist that clearly outweigh the harm caused by the site being developed in the green belt, and any other harm. However, the applicant has not put forward circumstances which amount to very special circumstances and therefore the development is deemed to be inappropriate.

7.2 It is considered that there would be a significant adverse impact on the character and appearance of the local environment if the development were permitted. The site is situated in an attractive rural location surrounded by mature woodland and other appropriate land uses. The proposed use would result in an adverse effect on the residential amenity of local occupiers of properties both close to the site and further away on the vehicle route used to access and egress the site. The adjacent land uses, the cemetery and campsite, would also be severely adversely affected particularly due to their own quiet nature. These effects would specifically be caused by noise from vehicle movements (both from within the site and outside the site), noise from site operations and litter and odour pollution.

7.3 The proposal would have a significant and adverse impact on highway safety and residential amenity due to the numbers of heavy goods vehicles coming to and from the site and the mitigation measures put forward to address anticipated highway problems are not considered to be of sufficient benefit to avoid the significant effects that would occur. Waste Policy 43 requires the County Council to take into account the extra activity that would result on the road system in the area, the structure of the roads, road verges, roadside trees, hedges and adjoining environment. It is considered that there would be a significant adverse effect on all of the above if permission were to be granted.

7.4 It is accepted that there is a need for this type of waste facility; however Waste Policy 2 requires that there must be a clearly established need

09d5229645d616d30a63e4496d092861.doc 7/0724-06 for additional capacity and facilities proposed which must outweigh any material agricultural, landscape, conservation or environmental interest affected by the proposal. It is considered that in this case, the other material interests, as described, would be so significantly affected that they would outweigh the need for the facility. It is therefore considered that the application site is inappropriately located for the type and level of use proposed and that therefore permission should be refused.

8. Financial implications

8.1 Planning applications should be determined on the basis of material planning considerations, and not on the basis of their financial implications for the County Council. However, it is a requirement of the County Council to advise all Committees of the financial implications that may arise from their decisions.

8.2 If a planning application is refused or is not determined within a specific period, the applicant has a right of appeal. Any appeal would result in additional costs, which in part can be met from existing budget provisions. However, a major public inquiry may give rise to significant costs for which there is no specific budget provision. If the County Council refuses an application without reasonable planning grounds on which to base its decision, it may be liable to pay the costs of the applicant in contesting the appeal.

Background information used by the author in compiling this report

Planning application reference 7/0724-06 and Consultee responses Relevant policy documents Appendix 1 – Relevant development plan policies

09d5229645d616d30a63e4496d092861.doc 7/0724-06 Appendix 1

HERTFORDSHIRE STRUCTURE PLAN REVIEW 1991 - 2011 Adopted April 1998

POLICY 1 SUSTAINABLE DEVELOPMENT

The policies of this Plan, together with those of local plans, will seek to enable activities and development in Hertfordshire to be carried out consistently with the principles of sustainable development/ those aspects within the ambit of the Structure Plan and local plans will be subject to monitoring and review in the light of evolving policies and concerns at national and international levels, and new information as it comes forward. Where feasible, appropriate targets and benchmarks will be set.

The general aim will be to: i) encourage economic growth consistent with environmental constraints, with the main emphasis on promoting the knowledge economy rather than mass industrial production; ii) make provision for the housing and social needs of people in ways which minimise the need to travel and otherwise exploit the sustainability advantages of urban concentration, with the prime emphasis on regeneration in the County's main towns; iii) improve people's quality of life, both in town and country, in ways which do not prejudice the quality of life of people in the future or threaten the environment; iv) avoid pollution in all its forms, in particular pollution of ground and surface water resources; v) contain road traffic growth, particularly in the main towns, and encourage walking, cycling and greater use of passenger transport in preference to the private car, in particular through development of new and improved bus and rail services; vi) conserve the County's critical capital and other important environmental assets, including its landscape, ecological, built and archaeological heritage, and safeguard the County's area of Green Belt; vii) conserve natural resources, in particular the County's best and most versatile agricultural land; viii) minimise resource depletion and make the most efficient use of land, minerals, buildings, energy, water and waste.

POLICY 5 GREEN BELT

Development Control and Priorities

In the Green Belt there is a presumption against inappropriate development and permission will not be given, except in very special circumstances, for

09d5229645d616d30a63e4496d092861.doc 7/0724-06 purposes other than those detailed in PPG2. Local Plans may list settlements within the Green Belt where infilling will be permitted under the guidelines contained in PPG2 and in accordance with Policy 6 of this Plan. Subject to compliance with the criteria in paragraph 3.8 of PPG2, re-use of existing buildings within the Green Belt is not an inappropriate form of development, though the acceptability of re-use in any particular case will also fall to be considered in the light of other relevant policies and considerations, in particular traffic impact.

Throughout the Green Belt priorities for the use of land are to: i) provide opportunities for access to the open countryside for the urban population; ii) provide opportunities for outdoor sport, and outdoor recreation near urban areas; iii) retain attractive landscapes, and enhance landscapes near to where people live; iv improve damaged and derelict land; v secure the nature conservation interest; vii) support the objectives of Watling Chase Community Forest.

Development which is permitted within the Green Belt, and management of land and activities within it, should aim to contribute to these priorities.

POLICY 29 TRAFFIC AND ROAD SAFETY IMPLICATIONS OF DEVELOPMENT PROPOSALS

The traffic and road safety implications of development proposals, and the related proposals for addressing them, will be assessed in the light of the aims and principles set out in policy 22 and, in particular, any public transport accessibility profiles required. Development will be located so that traffic is discouraged from using roads, in particular local distributor and access roads, to which it is not appropriate.

In particular, development which would generate a significant change in the amount or type of traffic using rural roads will be resisted, where: i) there is an increased risk of accidents, especially to pedestrians, cyclists and other road users such as horse riders; ii) where the road is poor in terms of width, alignment or structural condition; or iii) where increased traffic would have an adverse effect on the rural character of the road or the residential properties along it.

Development generating particular types of heavy traffic, including distribution centres and waste and minerals operations, will be located such as to discourage that traffic from using roads other than the primary network wherever possible.

POLICY 55 WASTE MANAGEMENT

09d5229645d616d30a63e4496d092861.doc 7/0724-06 The establishment of facilities for the handling, transfer, treatment and disposal of waste will be supported, subject to the other policies of this Plan, particularly those relating to the environmental and other effects of development, sufficient to make an appropriate contribution to meeting the region's needs. Regard will be had to the proximity principle. Measures will be expected to minimise risk of pollution of water, air and the surrounding land.

Those facilities further up the hierarchy of waste management will receive more favourable consideration. This hierarchy takes the form of:

1. Minimisation: those processes which minimise waste at source 2. Reuse: facilities which enable reuse of materials without further processing 3. Recovery: facilities designed to make use of waste, through recycling of materials or energy generation 4. Safe Disposal

Disposal of waste will only be permitted where it can be demonstrated that: i) it will not give rise to unacceptable adverse environmental effects, in particular air, water or land pollution, or other effects; and: ii) it is necessary and appropriate to restore sites worked, or being worked, for mineral extraction; or iii) it would result in significant land drainage, landscape enhancement or other environmental benefit.

Within the context of the rest of this Policy, proposals which lead to the recycling of construction waste will be supported, particularly on redevelopment sites where this involves the reuse of demolition waste from the site.

HERTFORDSHIRE WASTE LOCAL PLAN 1995 - 2005 ADOPTED JANUARY 1999

WASTE POLICY 2

The establishment of facilities for handling, transfer, treatment and disposal of waste (waste management facilities) will be supported provided that in order to accommodate the equivalent of Hertfordshire's own waste arisings, there is a clearly established need for additional capacity and facilities of the kind that the proposed development would provide, which outweighs any material agricultural, landscape, conservation or environmental interest affected by the proposal.

Applications which would not meet the environmental and planning standards contained in other policies of the development plan, including those related to quality of design, will not be permitted.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 WASTE POLICY 12

The following locations which are indicated on the proposals map are areas of search for sites for permanent facilities for the re-use, recovery, transfer and re-cycling of waste.

Inert waste recycling - land at:

Eastman Way/Redbourn Road, Hemel Hempstead New Ford Road, Waltham Cross London Road, Stevenage Marsh Lane, Ware Sunnyside, Buntingford Two Waters, Hemel Hempstead Land at former Power Station, Cardiff Road, Watford

Green and mixed waste composting - land at :

Sunnyside, Buntingford. Eastman Way/Redbourn Road, Hemel Hempstead

Materials Recovery Facilities - land at :

Aldenham Bus Works, Elstree (former) British Aerospace site, Hatfield (former) Cranborne Road, Potters Bar Land at former Power Station, Cardiff Road, Watford Crane Mead, Ware Greenhill Crescent, Watford Gunnels Wood Road Employment Area, Stevenage London Road, Stevenage Marsh Lane, Ware North Orbital Trading Estate, St Albans Orchard Road, Royston Royston Road, Baldock Two Waters, Hemel Hempstead Works Road/Blackhorse Road, Letchworth

Waste Transfer and Recycling Facilities - land at::

Bishops Stortford railway goods yard (former) Eastman Way/ Redbourn Road, Hemel Hempstead Imperial Way Industrial Estate/land adjacent to Watford Junction Station, Watford

Recycling of Canal Dredgings - land at:

Lea Road Crane Mead, Ware

09d5229645d616d30a63e4496d092861.doc 7/0724-06 Ratty's Lane, Hoddesdon

The County Council will grant permission for the establishment of permanent facilities on sites in the preferred areas of search, subject to the requirements of Waste Policy 2.

WASTE POLICY 13

Proposals for facilities to re-use, recover, transfer and recycle waste outside preferred areas of search, or for additional categories of waste management within the areas of search, will be permitted subject to compliance with Waste Policy 2 and provided the proposals: i) minimise impact on local or natural environments; ii) have or could secure ready access to the main road network, or a rail or water link, avoiding, as far as possible, major residential areas. iii) in the case of large plants, are where visual and landscape impact is not a critical issue; iv) serve Hertfordshire's main population and employment areas; and v) are preferably on land falling into one of the following categories: A) Land allocated for development, or subject to potential redevelopment, or on despoiled land; B) Within or adjacent to existing waste management facilities such as household waste sites or waste transfer stations; C) Within or adjacent to an established or proposed general industrial area ( employment areas identified in District Local Plans with a significant proportion of B2/B8 uses or with major developments such as power stations); D) Within or adjacent to compatible land uses such as Local Authority depots, open storage uses, sewage works and mineral processing plant (for the life of the plant in the case of temporary permissions or plant on mineral working sites).

In all cases, proximity to existing and proposed residential areas will be taken into account.

WASTE POLICY 16

The use of land in the Green Belt for the re-use, recovery, recycling and storage of waste will not be permitted unless it maintains openness and does not conflict with the purposes of including land in the Green Belt. The construction of new buildings in the Green Belt for such purposes will not be permitted except in very special circumstances. The re-use of existing buildings in the Green Belt for such purposes, or for the carrying out of development associated with the re-use, recovery, recycling and storage of waste in rural areas beyond the Green Belt, may be permitted subject to other relevant policies of the Development Plan.

09d5229645d616d30a63e4496d092861.doc 7/0724-06 WASTE POLICY 40

Where the County Council considers that a waste management proposal is likely to cause significant noise intrusion to existing noise sensitive development or constrain planned noise sensitive development, planning permission will not be granted unless the applicant is able to demonstrate that no significant noise intrusion, or constraint arising from noise, will occur, or that any such problem can be adequately controlled by condition.

Conditions may include, amongst other matters :

 Control of working hours;  Measures to reduce the impact of noise emission from operations;  A requirement for a scheme to be submitted to and approved by the Planning Authority specifying a programme of work and site layout designed to reduce noise levels at noise sensitive locations, construction of baffle mounds and erection of acoustic fencing;  Limits on daytime noise emission from the development.

Day time noise levels, at noise sensitive properties used as dwellings, of no more than 70DB LAEQ.1HR. may be permitted for a period of no more than 8 weeks to enable baffle mounds to be constructed.

If a proposed application is in essence a large significant development, and noise generation is a significant issue, the County Council will require the applicant to submit with his application an environmental noise statement.

That statement is to be prepared in the light of current guidance on preparation of such, and will include specifically with respect to noise:

 In the case of the filling of a void created by mineral extraction, details of noise during extraction of minerals from the site, if available;  Details of background noise;  Details of local noise-sensitive existing and proposed development;  Predictions of the future noise separately for:

- Access traffic to the site - Landfill operations - Fixed industrial development on the site;

 Methods of proposed noise control and monitoring and liaison arrangements.

WASTE POLICY 43

Planning permission will only be granted for the disposal, transfer, processing or recycling of waste which is capable of being transported to sites via rail,

09d5229645d616d30a63e4496d092861.doc 7/0724-06 water or primary and distributor roads as identified in the County Council's current transport policies and programmes (TPP document). In determining proposals, the County Council will take into account the effect of lorry traffic on local communities and residential areas. Support will be given to proposals for the transport of waste by rail or water.

Where the transport of waste would require the use of local roads (as defined in the County Council's TPP) to gain access to the waste management site from the major road network, or where other roads may be unsuitable on traffic safety, engineering or environmental grounds for increased levels of heavy traffic, applicants for planning permission will be required to carry out, and submit the results of, a study of the impact of heavy goods vehicle traffic on road safety and the environment.

Planning permission will be granted if the Traffic Impact Study demonstrates that the adverse impacts can be ameliorated by environmentally acceptable highway and/or other improvements to the satisfaction of the County Council. All road works which would be necessary to permit waste management development would either be the subject of planning conditions requiring the works to be carried out in advance of development or subject to the applicant entering into a legal agreement with the County Council to ensure the implementation of such improvements. Where appropriate, limits on vehicle numbers will be imposed. Where acceptable works to local rural roads would enable temporary waste management development to take place, the restoration of such roads back to their original scale and appearance once waste disposal is complete may also be required, depending on local circumstances.

In determining applications for waste management facilities, the County Council will take into account the effect the extra activity will have upon other users of the road system in the area, the structure of the roads, road verges, roadside trees, hedges and the adjoining environment.

Conditions to prevent any soiling of the public highway may be imposed including the provision of suitably surfaced access roads, wheel cleaning equipment, and, possibly, water bowsers and sheeting to prevent dust or spillage.

BOROUGH OF BROXBOURNE LOCAL PLAN SECOND REVIEW 2001-2011 ADOPTED ON 8 DECEMBER 2005

Policy GBC2 - Development within the Green Belt

In order to preserve openness within the Metropolitan Green Belt, as defined on the proposals map, permission will not be granted for development other than: (I) the construction of new building(s) for the following purposes:

09d5229645d616d30a63e4496d092861.doc 7/0724-06 (a) agriculture or forestry (b) essential small scale facilities associated with outdoor sport or outdoor recreation and for cemeteries; (c) other uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it; (d) limited extensions to, alterations or replacement of existing dwellings subject to the requirements of Policies GBC11 + GBC13. (II) The re-use of an existing building subject to fulfilment of requirements of GBC15.

Policy GBC6 - Proposals for non-agricultural uses of Green Belt land

(I) Applications for the use of land ( as opposed to buildings) within the Green Belt for non-agricultural purposes will be assessed against the following criteria;

(a) Land that is of the highest quality and most versatile should only be developed in exceptional circumstances where a need is nevertheless demonstrated, and there is a choice between sites of different grades, development will be directed towards land of the lowest grade; (c) It must be demonstrated that the local highway network can satisfactorily accommodate the traffic generated by the proposal. (d) The development should not give rise to any material adverse environmental effects except where other sustainability considerations indicate otherwise.

Policy T6 - Rural Roads

Development that would result in significant increase in traffic on rural roads will be resisted where this would result in : a) Use of roads which are poor in terms of width, alignment and construction; b) an adverse effect on the local environment

09d5229645d616d30a63e4496d092861.doc 7/0724-06