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AGENDA ITEM .5B AGENDA ITEM .5b..................... DR/08/12 Committee DEVELOPMENT & REGULATION Date 23 March 2012 MINERALS AND WASTE DEVELOPMENT Proposal: Use of the site as a recycling centre for inert and non-hazardous household, commercial and industrial waste and end of life vehicles. Proposed associated development to include the erection of a workshop, modular building, weighbridge and 6m high boundary fencing (part-retrospective) Location: Unit 7, Maple River Industrial Estate, River Way, Harlow, Essex, CM20 2DP Reference: ESS/52/11/HLW Report by Head of Environmental Planning Enquiries to: Tom McCarthy Tel: 01245 437507 Reproduced from the Ordnance Survey Map with the permission of the Controller of Her Majesty‟s Stationery Office, Crown Copyright reserved Essex County Council, Chelmsford Licence L000 19602 DR/08/12 1 1. BACKGROUND The planning application for the above development was considered at the Development and Regulation Committee on Friday 24 February 2012. The officer report (inclusive of the addendum) is attached at Appendix 1. Members resolved to refuse the application for the recycling centre for inert and non-hazardous household, commercial and industrial waste and end of life vehicles (part retrospective) for the following reasons: Over-intensification of use of the site Detrimental impact to the adjacent business units by way of increased vehicle movements on the private access road „Maple River‟ It was noted that as the development has already, in part, been carried out, the unauthorised development may require enforcement action to secure its removal. In accordance with the Committee Protocol, a formal decision on the application was deferred until the March 2012 meeting of the Development and Regulation Committee. The deferral was to allow officers to provide an appropriate and reasonable recommendation, based on planning policy, setting out the reasons for refusal in full as well as a consideration of whether it is expedient to undertake enforcement action to remedy the existing breach of planning control. 2. SITE The site is located on the north eastern edge of Harlow, within the Templefields/River Way Industrial Estate and covers an area of approximately 0.26ha. The site was previously in use as a ready-mix concrete plant however is now derelict. Since the application was submitted the various structures and building on site previously used in connection with the concrete plant have been removed. In addition to this, some works with regard to the new proposed „waste‟ use have taken place including the erection of the perimeter fence, weighbridge and staff amenity portacabin office. The site is accessed from a shared private access to the north of River Way. The subject unit is located at the end of this dead-end road. The shared access is used by the range of uses which occupy the industrial/warehouse/distribution style units located either side of the road. In terms of the locality, the Maple River Industrial Estate is separated from the main centre of Harlow by the railway corridor, 500m south of the site. To the north of the site is a belt of woodland containing mature trees along the river Stort and this rear boundary line of the site also marks the start/end of the Metropolitan Green Belt. In 2011 the area to which this application relates, and the surrounding north eastern part of the Templefields Industrial Estate was awarded Enterprise DR/08/12 2 Zone (EZ) status by the Department for Communities and Local Government. In principle the aim of the EZ is to attract businesses and create jobs for local people which in turn will create growth. A full description of the development is set out in the report at Appendix 1. 3. CONSIDERATION Harlow Local Plan (2006) (HLP) Policy ER6 (Retaining Existing Employment Areas) states that planning permission for change of use or redevelopment to uses other than those identified in policy ER5 (full appraisal of HLP policy ER5 is contained in the original officers report at Appendix 1) will be permitted if: 1) The amount or range of sites or premises available for employment use would not be reduced below the level required in the Local Plan period; 2) The proposal will not lead to the loss of an employment site of high quality; 3) There is a demonstrable lack of market demand for employment over a long period, and the efforts made to market the site for business, industry and warehousing have been demonstrated to the satisfaction of the Council; 4) The development would be accessible by means other than the car; 5) The proposal would be in accordance with the sequential approach to development; 6) The proposal would not generate levels of traffic on surrounding roads which would result in congestion or loss of amenity. Given the resolution that the proposed development represents an over- intensification of use which would result in a detrimental impact to the adjacent business units by way of increased vehicle movements on River Way, accordingly the proposal is considered to conflict with (point 6, above of) the Harlow Local Plan (2006) (HLP) in force in the area which the land to which this application relates. Given the resolution made at the February 2012 Committee meeting, and that the development proposed was part retrospective, it is necessary to consider whether enforcement action is required to remedy the breach of planning control. As an industrial area, the site is able to benefit from Part 8 of the Town and Country Planning (General Permitted Development) Order 1995 (GDPO) – Industrial and Warehouse Development. Whilst some of the works which have occurred on site would fall within this remit, the 6m high perimeter fence and staff amenity/office building would normally require express planning permission, and not be classed as permitted development under Part 8 of the GPDO. Given that the site is located within an allocated industrial area and that use DR/08/12 3 of the land for a waste management facility has not commenced, and accordingly there are no vehicle movements associated with such a use, it is not considered expedient to secure the removal of the perimeter fence and office building from the site. Any use of the site for industrial or commercial development would be a matter for the District Council to consider. Nonetheless, should any waste management use commence on site in the future without the necessary planning permission, enforcement action may be necessary to prevent any harm caused to local amenity. 4. RECOMMENDATION That planning permission be refused for the following reasons:- 1. The proposed development represents an over-intensification of use of the site and would lead to an unacceptable increase in vehicle movements, which would be detrimental to the efficient and safe use of the private access road and would have a detrimental impact on the amenity of adjacent business units, contrary to Harlow Local Plan (2006) policy ER6 (Retaining Existing Employment Areas) 5. BACKGROUND PAPERS Consultation replies Representations Ref: P/DM/TM/ESS/52/11/HLW 6. LOCAL MEMBER NOTIFICATION HALROW – Harlow North DR/08/12 4 APPENDIX 1 AGENDA ITEM ...5a................... DR/04/12 Committee DEVELOPMENT & REGULATION Date 24 February 2012 MINERALS AND WASTE DEVELOPMENT Proposal: Use of the site as a recycling centre for inert and non-hazardous household, commercial and industrial waste and end of life vehicles. Proposed associated development to include the erection of a workshop, modular building, weighbridge and 6m high boundary fencing (part-retrospective) Location: Unit 7, Maple River Industrial Estate, River Way, Harlow, Essex, CM20 2DP Reference: ESS/52/11/HLW Report by Head of Environmental Planning Enquiries to: Tom McCarthy Tel: 01245 437507 „The site‟ – Unit 7 „Private‟ access road DR/08/12 5 1. BACKGROUND & SITE The applicant is a skip hire and waste company. It currently operates from a site in Hastingwood, Epping Forest however the intention is to close this site and redevelop it as housing. As such the company is seeking a new base to operate from and have identified this site as suitable. The site is located on the north eastern edge of Harlow, within the Templefields/River Way Industrial Estate and covers an area of approximately 0.26ha. The site was previously in use as a ready-mix concrete plant however is now derelict. Since the application was submitted the various structures and building on site previously used as part of the concrete plant have been removed. In addition to this, some works with regard to the new proposed „waste‟ use have taken place including the erection of the perimeter fence, weighbridge and staff amenity portacabin office. This work however has stopped, at the request of the County Council, until the formal determination of the application. The site is accessed from a shared private access to the north of River Way. The subject unit is located at the end of this dead-end road. The shared access is used by the range of uses which occupy the industrial/warehouse/distribution style units located either side of the road including a technology company, a sign manufacturer, a moulding and diecast company, a cleaning company and a wooden pallet distribution centre. In terms of the locality, the Maple River Industrial Estate is separated from the main centre of Harlow by the railway corridor, 500m south of the site, with Harlow Mill railway station located 600m south-east of the site. The site is surrounded by a number of industrial/commercial premises as part of the Estate, as a whole. To the north of the site however, is a belt of woodland containing mature trees along the river Stort. The rear boundary line of the site also marks the start/end of the Metropolitan Green Belt.
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