Agenda Item No 5c. Committee: Regulatory Planning Committee

Date: 11 June 2008

Report by: Director of Transport and Environment

Proposal: Proposal seeking retrospective planning permission for the construction of two sheds.

Site Address: Greystone Quarry, Southerham, Lewes.

Applicant: M D J Light Brothers (SP) Limited

Application No. LW/532/CM

Key Issues: (i) Managing waste (ii) Effect on AONB (iii) Intensification of uses at the site (iv) Drainage (v) Local amenity

SUMMARY OF RECOMMENDATIONS

1. To grant planning permission, subject to conditions, as set out in paragraph 8.1

CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT

1. The Site and Surroundings

1.1 The application site is about 0.16 of a hectare in area and comprises two large buildings and is located within the existing waste transfer station (WTS) in the upper quarry to the west of the worked out lower chalk quarry of Greystone Quarry on the south-eastern side of Southerham, near Lewes.

1.2 A stand of trees is situated on an embankment at the south-western side of the WTS, beyond which is a transit site for travellers and the A27 Trunk Road. Plant, machinery and both processed and unprocessed waste stockpiles are located to the east. Trees are also present on the northern boundary of the WTS and the downland area of Machine Bottom rises beyond. Existing office buildings are present to the west of the application site as well as a weighbridge and the entrance to the WTS.

1.3 Access to the WTS is via the slip road leading from the A27 or from the minor road leading from the A26 through Cliffe Industrial Estate and Southerham to the north-west, although the latter is physically restricted in size and involves the use of a private road. Residential properties are situated to the north-west of the WTS along this minor road.

1.4 The WTS is within the Downs Area of Outstanding Natural Beauty (AONB) and lies on a Major Aquifer.

2. The Proposal

2.1 The applicant is seeking retrospective planning permission for the construction of two sheds.

2.2 Although planning permission was granted in 2003 for the construction of two sheds within the upper quarry (reference LW/393/CM), they were not constructed in accordance with the approved drawings. This application, therefore, seeks to regularise the situation. According to the applicant, the primary reason for the changes in the design and layout of the buildings, particularly in relation to the southern shed, was to allow sufficient circulation space between the buildings for vehicles associated with the waste transfer operations.

2.3 The design of the southern shed has led to the removal of a section of the quarry’s chalk embankment and cliff, together with associated trees and scrub and is now a vertical face, which has the potential to undermine the vegetation at the top of the cliff face and open the quarry up to views from the south and south-west. The additional space which has been created to the rear of the building has been used to re-locate various structures, including an electricity sub-station, and to undertake various works associated with the transfer operations.

2.4 The floorspace of the sheds is slightly less than that which was approved under permission LW/393/CM (1575m2 compared to 1650m2). The northern shed is 55 metres in length and 8.3 metres in height and the southern shed is 50 metres in length and 8.9 metres in height. The main purpose of the sheds is to provide both storage for waste materials and cover for waste transfer operations and accommodation for working practices on End-of-Life Vehicles (ELV).

3. Site History

3.1 Most of the upper quarry has been used as a scrap metal yard for many decades and more recently, as a waste transfer station. As noted above, planning permission was granted for two sheds in the upper quarry in 2003, although technically this application was not implemented, as the buildings were not constructed in accordance with the permission (reference LW/393/CM).

3.2 Various temporary planning permissions have been granted in the lower quarry over the last few years and there are currently proposals for development in both the upper and lower quarries, including a further planning application seeking retrospective planning permission for additional development in the upper quarry, in addition to this proposal.

4. Consultations and Representations

4.1 Council has not submitted any observations.

4.2 and Parish Council has not submitted any observations.

4.3 The Environment Agency raises no objections.

4.4 Representations: one letter has been received from a local resident who raises a concern that the drainage from the site is by soakaway to groundwater and as ELV are being treated at the site, it has the potential to lead to pollution of nearby domestic groundwater supplies.

5. The Development Plan policies of relevance to this decision are:

5.1 Regional Planning Guidance for the South East (RPG9) – Waste and Minerals, 2006: Policies: W6 (recycling targets); W7 (waste management capacity); W17 (location of waste management facilities).

5.2 and Brighton & Hove Structure Plan 1991-2011: Policies: EN2 & EN3 (AONB); EN11 (water quality).

5.3 East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP1 (strategy); WLP6 (expansions or alterations to existing facilities); WLP13 (transfer and recovery facilities); WLP37 (surface water); WLP38 (groundwater).

5.4 Lewes District Local Plan 2003: Policies: ST3 (design, form & setting of development); CT2 (AONB).

6. Considerations

Introduction

6.1 The planning permission for the sheds in application LW/393/CM was subject to a number of conditions, including the submission of details relating to various matters associated with the development, which were subsequently approved. Although the buildings, the subject of the current application, are different to those which were approved under LW/393/CM, the considerations remain similar.

Managing waste

6.2 Since construction, the buildings have been used for waste management purposes, including the storage of waste and cover for transfer operations, including accommodating working practices for managing ELV and waste electrical and electronic equipment. As a result, they have provided additional facilities for managing different waste streams resulting in increased efficiencies at the site.

6.3 The development is supported by waste management policies, as it has contributed to the diversion of waste being disposed of to land and increased net self-sufficiency in managing waste in the Plan area. It has also contributed to an increase in the recycling of household and commercial waste and therefore is in accordance with Policy W6 of RPG9 and Policy WLP1 of the Waste Local Plan.

Effect on AONB

6.4 Under application LW/393/CM, it was considered that the buildings would not be contrary to the aims of protecting the character and qualities of the AONB, as the development was proposed within an established WTS and would not be out of character within the setting of the WTS or involve change or damage to the countryside qualities of adjoining land.

6.5 Although the buildings, the subject of the current application, are not in themselves out of character within the setting of the WTS, the construction of the southern building has resulted in the removal of part of the quarry’s chalk embankment and cliff and associated vegetation. This has had the effect of reducing the area of trees and scrub on the south-western side of the quarry and undermining its importance as a visual screen from the south and south- west.

6.6 Although it was acknowledged under application LW/393/CM that the WTS benefited from tree screening and the local topography, it was also recognised that the maintenance and enhancement of this screening was important in concealing quarry activities in the long term, particularly as the site is within the AONB.

6.7 The removal of the embankment and cliff and associated vegetation conflicts with policies to protect the AONB. Remedial work is therefore required to provide for some compensation for this loss and provide for the long term stabilisation of the chalk face, including its protection from the adjoining operational waste activities. Consequently, I recommend the inclusion of a condition requiring details to be submitted on how the chalk face will be stabilised and secured from erosion, thereby avoiding any further damage. The condition should also provide for additional planting to enhance the remaining tree and scrub screen, as well as a landscape maintenance programme for the long term management of the south-western part of the quarry.

Intensification of uses at the site

6.8 Policy WLP6 of the Waste Local Plan supports, in principle, the expansion or alteration of existing waste management facilities.

6.9 Under application LW/393/CM, it was considered that the proposal had the potential to lead to conflict with other uses at the WTS due to the latter’s restricted size, unless appropriate controls were included. The proposed buildings were to be used for more intensive waste management activity and would reduce the area available to accommodate vehicular movement, together with the parking of lorries and storage of skips and containers. This would leave very little space to provide facilities for additional plant and machinery associated with existing uses. There was a concern that the new buildings should not prevent the proper working of the WTS nor result in activities associated with the WTS taking place outside the area, which did not benefit from planning permission.

6.10 Consequently, a condition was included on permission LW/393/CM, which required a plan to be submitted showing the storage, processing and parking areas, together with the vehicular turning area. A plan was submitted and approved.

6.11 This plan, however, relates to development which was not implemented. Moreover, the concern I had previously raised relating to the capacity of the site has, unfortunately, manifested itself in the re-design of the buildings by the applicant, in order to accommodate vehicle movements, which led to the subsequent removal of part of an embankment and cliff and associated vegetation. Therefore, in order to more readily control the relationship of the activities at the WTS, I propose a condition requiring the submission of a plan showing the arrangements for all the storage and processing of waste, plant and machinery and the parking of vehicles, together with the vehicular turning area for this part of the site.

Drainage

6.12 Policy EN11 of the Structure Plan seeks to protect water resources from development which may have an adverse effect and Policies WLP37 and WLP38 of the Waste Local Plan seek similar protection of surface water and groundwater.

6.13 The site lies on a Major Aquifer where there is a shallow groundwater table. Therefore, there is a high risk for water contamination, if appropriate mitigation measures are not employed.

6.14 Although under planning permission LW/393/CM, details on surface water drainage were submitted and approved under condition, they related to development which has not been implemented. Therefore, in order to fully control the current drainage arrangements at the site, I consider that a condition should be included requiring details to be submitted relating to the implementation of acceptable surface water collection and drainage arrangements. The importance of this is highlighted by a local resident who has raised concerns regarding the drainage arrangements at the site and the potential effect on groundwater. In relation to a separate proposal at the quarry, the Environment Agency has noted that drainage at the site is unacceptable. Local amenity

6.15 Policy WLP35 of the Waste Local Plan and Policy ST3 of the Lewes District Local Plan seek to protect amenity.

6.16 A requirement under permission LW/393/CM was for the applicant to submit a noise attenuation scheme, as it was considered that the activities could result in a loss of amenity to local residents. Such a scheme was submitted and approved. However, due to the approved development not being implemented, I consider that a similar condition is required so that current attenuation measures can be continued and thereafter maintained in order to minimise any effects on amenity.

7. Conclusion and reasons for approval

7.1 Two buildings had been granted planning permission in 2003, although they were not constructed in accordance with the approved drawings and were not the subject of planning controls. Consequently, this application is seeking retrospective planning permission for the buildings which were constructed.

7.2 The buildings are used for the management of waste and contribute to the diversion of waste being disposed of to land, as well as targets for recycling and recovery. As such, the development is supported by policies for managing waste.

7.3 The buildings are in keeping with the waste activities undertaken within the quarry. However, the construction of the southern shed has resulted in the removal of part of an embankment and cliff face which has removed and undermined the tree and scrub screening at the south-western boundary of the quarry. This is a significant loss and requires remediation through condition.

7.4 The uses associated with the buildings have intensified the activities at the site and it is not clear whether the WTS is able to accommodate all the uses properly within the site. Therefore, a condition is included requiring details on this matter. Further details are also required on drainage and noise attenuation.

7.5 It is unfortunate that the applicant did not seek amendments to the original scheme prior to construction, as this has led to the removal of part of a quarry face and uncertainty as to whether the activities within the WTS can be adequately accommodated. However, it would be difficult to refuse planning permission for the retention of the buildings, as I do not consider their removal would resolve the outstanding issues at the site. However, providing appropriate remediation works are carried out, I consider that the development can be accommodated within the quarry without undue adverse effect.

8. Recommendation

8.1 To recommend that the Planning Committee grants planning permission subject to the following conditions:-

1. By 11 July 2008 a detailed plan to a scale of 1:500 showing the arrangements for the parking and storage of all vehicles, plant, skips and containers and the processing areas associated with the use of the waste transfer station together with the turning area for the largest vehicle using the site shall be submitted to the Director of Transport and Environment for approval. The areas identified on a plan so approved shall not be used for any purpose other than that described and shall be implemented within 28 days of approval unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To ensure that uses within the waste transfer station site can be carried out effectively within the site, in the interests of the local environment, in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

2. The buildings shall not be used other than for the purposes of sorting, processing and storage of solid wastes, the sorting, processing and storage of ferrous and non-ferrous metals, the breaking of vehicles and the servicing and repair of vehicles operated from the site.

Reason: To ensure that the development is related only to the lawful planning uses of the site in the interests of the local environment and amenity, in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

3. Notwithstanding the provisions of Part 4 of Schedule 2 of The Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending replacing or re-enacting that Order) no buildings, moveable structures, works, plant or machinery shall be erected, installed, placed or constructed on the waste transfer station site. Any such development shall be subject to planning permission.

Reason: To enable the County Planning Authority to control and regulate the use of the land.

4. There shall be no vehicular access to or egress from the waste transfer station site other than by the UC 5065 road to the west of the site. All vehicles shall enter and leave the site in a forward gear only and all Heavy Goods Vehicles shall only turn right to enter the site and turn left to leave the site so that they enter or leave the site via the slip road to the A27.

Reason: In the interests of the local environment and highway safety.

5. By 11 July 2008 details of the surface and foul water drainage arrangements at the site which shall protect the aquifer and avoid surface water run off from the site onto the public highway shall be submitted to the Director of Transport and Environment for approval. The approved details shall be implemented within 28 days of approval and fully maintained thereafter unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To ensure satisfactory drainage of the site and to prevent water pollution and flooding of the local area, in accordance with Policies S1 (g) & (h) and EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies WLP37 and WLP38 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

6. By 11 July 2008 details of the noise attenuation measures employed at the site shall be submitted to the Director of Transport and Environment for approval and shall include the following:

(i) a description of the plant and equipment being used and the manufacturer's specification; (ii) details of the siting of plant and machinery; (iii) levels of noise being emitted from all plant and machinery, including details of the character of the noise or any vibration; and (iv) details of the attenuation properties of the plant and machinery in use and any works undertaken to attenuate noise.

The approved details shall be implemented within 28 days of approval and maintained in full unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To safeguard the amenity of nearby residents in this part of the Sussex Downs Area of Outstanding Natural Beauty.

7. The following operations shall not take place on the premises other than between the hours of 06.00 and 18.00 on Monday to Friday inclusive and between 06.00 and 16.00 on Saturdays and at no time on Sundays or Bank and Public Holidays:

(a) the removal of waste or processed materials and (b) any deliveries to the site

except with the prior written consent of the Director of Transport and Environment.

Reason: To safeguard the amenity of the users of nearby residential areas and this part of the Sussex Downs Area of Outstanding Natural Beauty.

8. Plant or machinery shall not be operated within the buildings hereby permitted other than between the hours of 07.00 and 17.00 Monday to Friday inclusive and between the hours of 08.00 and 12.00 on Saturdays and not at any time on Sundays, Bank and Public Holidays unless otherwise agreed in writing with the Director of Transport and Environment.

Reason: To safeguard the amenity of the users of nearby residential areas and this part of the Sussex Downs Area of Outstanding Natural Beauty.

9. By 11 August 2008 details of a landscaping scheme shall be submitted to the Director of Transport and Environment which shall include

(i) physical measures to secure the chalk face along the south-western side of the quarry; (ii) provision for additional planting along the south-western boundary of the quarry, including within the area between the chalk face and the physical measures employed in (i) and associated planting schedule; (iii) a landscape management plan for all trees, shrubs and other vegetation along the south-western boundary of the quarry; and (iv) a timetable for implementation of the measures to secure the chalk face in (i).

The approved scheme shall be carried out in full by 31 March 2009.

Reason: To ensure the chalk face is secured and an appropriate landscaping scheme is carried out in the interests of the amenity of the locality and in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

10. The buildings hereby approved shall not be illuminated other than in accordance with details first submitted to and approved in writing by the Director of Transport and Environment.

Reason: In the interests of the amenity of the locality and in accordance with Policy EN2 of the East Sussex and Brighton & Hove Structure Plan 1991-2011.

11. Any oil, fuel, lubricant and other potential pollutants shall be handled on the site in such a manner as to prevent pollution of any watercourse or aquifer. For any liquid other than water this shall include storage in suitable tanks and containers which shall be housed in an area surrounded by bund walls of sufficient height and construction so as to contain the equivalent of 110% of the total contents of all containers and associated pipework. The floor and walls of the bunded areas shall be impervious to both water and oil. The pipes shall vent downwards into the bund.

Reason: To minimise the risk of pollution to watercourses and the aquifer, in accordance with Policy EN11 of the East Sussex and Brighton & Hove Structure Plan 1991-2011 and Policies WLP37 and WLP38 of the East Sussex and Brighton & Hove Waste Local Plan 2006.

RUPERT CLUBB Director of Transport & Environment 3 June 2008

Contact Officer: Jeremy Patterson Tel. No. 01273 481626 Local Member: Councillor Pat Ost

BACKGROUND DOCUMENTS Application file LW/532/CM Planning permission LW/393/CM

LW/532/CM

Machine Bottom

Site entrance

Machine Bottom

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Grey Pit

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Scrap Yard Scrap Yard WB Upper Quarry Waste Transfer Station Grey Pit (disused)

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A 27 Quarry Two buildings subject of Application LW/532/CM

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Southerham Grey Pit

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