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Delegated Report Local Member’s Interest Mr. M. Olszewski Newcastle Unparished SCHEME OF DELEGATION TO OFFICERS WASTE COUNTY MATTER Application No: N.14/05/2022 W (Newcastle under Lyme Borough) Applicant: Mr Nathan Wilkinson Jones Description: Asbestos waste transfer station. Location: Unit 804 Lowfield Drive, Centre 500, Wolstanton, Newcastle under Lyme. Summary of the Proposals Planning permission is sought to carry out operations for the bulking up of bonded asbestos waste for onward transfer to a separate disposal destination. The application is retrospective and the operations for asbestos waste transfer at the site have been ongoing since 2012. The operations relate to asbestos generated by its removal from domestic premises, local authorities, housing associations, NHS Trusts, commercial and industrial premises within a 30 mile radius of the site as part of the applicant’s primary business operating as a licenced asbestos removal contractor. The operations had been carried out under exemption for the storage and transfer of asbestos waste, though the applicant was advised by the Environment Agency that the exemption is not designed for Asbestos Removal Contractors. The applicant has therefore sought in parallel to this application an Environmental Permit for a waste operation from the Environment Agency. The Agency issued an Environmental Permit on 29 August 2014. Asbestos waste is to be bulked and bagged at source and brought back to the site in 10 vehicles (vans) at the end of each working day. The asbestos waste is then transferred to larger (2 x 35 yard) steel lockable containers. The steel containers when full are collected by a third party for onward disposal to landfill twice per week. The site handles approximately 520 tonnes of asbestos waste per year. The site does not accept and does not propose to accept asbestos waste from third parties or the general public. The operations are carried out in the outside yard compound area to the rear of the industrial unit. The layout consists of a concreted area within the compound which is a separately secured area with fixed metal herras fencing 2m in height. The compound houses the large steel containers and bag containers with a separate area for decontamination equipment and other ancillary storage (coveralls etc). Three skips are also provided to take general waste, wood and metal generated by 1 the unit and small quantities of other waste generated by the business as a removal contractor. The adjacent industrial unit is used for storage associated with the applicant’s business and offices and would not be used for the transfer of asbestos wastes. All asbestos waste transfer operations would be carried out externally. Operating hours are proposed to be 08:00 to 17:00 (Monday to Friday) and 08:00 to 12:00 (Saturdays). These hours are the same as those for the industrial unit. The proposals are accompanied by a Supporting Statement and a Design and Access Statement. Site and Surroundings The site is located within the Centre 500 Industrial Estate (Unit 804), Wolstanton, Newcastle under Lyme. The Unit is the last of four industrial units accessed by an internal service road (Lowfield Drive). To the north of the site lie further industrial units and a works lies to the south. To the east is a rail line with further industrial premises beyond; the A500 lies directly to the west. The nearest residential properties are located on the other side of the A500 at an elevated position around 80 metres from the site. The site consists of an industrial unit with offices which has a permitted B2/B8 Use. The Unit has an open yard area to the rear which is bounded by 2.5m high security fencing with lockable gates. Existing tree planting lies beyond the boundary on all sides to the rear of the site. The development plan policies relevant to this decision: Staffordshire and Stoke-on-Trent Waste Local Plan (2010 – 2026) (adopted 22 March 2013): • Policy 1.1 – General Principles • Policy 2.3 – Broad Locations • Policy 3.1 - General requirements for new and enhanced facilities • Policy 4.1 – Sustainable Design • Policy 4.2 - Protection of Environmental Quality Newcastle under Lyme Local Plan 2011 (saved policies): • Policy T16 – General Parking Arrangements • Policy T18 – Development – Servicing Requirements Newcastle-under-Lyme and Stoke-on-Trent Core Spatial Strategy (2006-2026) • Policy CSP1 – Design Quality • Policy SP3 – Spatial Principles of Movement and Access • Policy ASP5 - Newcastle and Kidsgrove Urban Neighbourhoods Area Spatial Policy 2 Other Material Considerations: The National Planning Policy Framework (NPPF). In particular: • Section 7: Requiring Good Design; National Planning Policy for Waste. In particular: • Section 7 – Determining Planning Applications. The Waste Management Plan for England The Waste Framework Directive Relevant Planning History Planning permission (ref: 05/00965/FUL was granted by Newcastle under Lyme Borough Council for B2/B8 industrial units and associated offices on 17 January 2007. No planning permissions have been granted by Staffordshire County Council relating to the site. Screening Opinion: No Environmental Statement: No Consultation Responses Internal Transport Development Control Team – no objections. External Public Health England – recommended the carrying out of perimeter monitoring for asbestos fibres along with a sampling programme. In response, the applicant carried out independent monitoring at the site. Environment Agency – no objections. The Agency advises that an application for a standard rules permit has been applied for and a permit has been issued. Western Power Distribution has provided details of assets in close proximity to the site and has provided details of safe working procedures that should be followed. Stoke on Trent City Council – no objections. Severn Trent Water – no objections. Discussions have been held with the applicant in respect of surface water and foul water drainage for the site. Drainage proposals are supported. Newcastle-under-Lyme Borough Council (Environmental Health) – no objections. 3 Health and Safety Executive provided general advice about the handling of asbestos waste and appropriate design for an asbestos waste transfer station. District/Parish Council Newcastle-under-Lyme Borough Council – no objections subject to a condition to control external lighting. They also acknowledge that the Environmental Permit would address most matters relating to the operations. Publicity and Representations Site notice: Yes Press notice: No Notification letters were sent out to the nearest neighbouring residential properties and letters were delivered by hand to the nearest industrial premises. No objections have been received. Applicant’s/agent’s case The application seeks to regularise a waste transfer operation that has been carried out at the site since 2012. The applicant contends that the operations have been carried out at the site to high standards, and that the operations are essential to the future sustainability of their business as a licenced asbestos removal contractor; a business which has been conducted for 10 years and employs 30 people. The applicant also contends that having this facility in North Staffordshire on the Stoke on Trent border, gives the local population the means of dealing with asbestos wastes locally and efficiently and would reduce fly tipping. The supporting statement accompanying the application states that since the closure of a local waste transfer station, the applicant has been bulking up a proportion of the bonded waste at their site under the Environment Agency ‘Non waste framework directive’ for the temporary storage of waste controlled by the producer exemption. The Environment Agency had advised the applicant that this exemption was not intended for asbestos removal contractors and that to be in compliance, of the need to apply for an Environmental Permit. Having now been issued with a Permit, it is the applicant’s intention to continue to use the facility to supplement the current business. Key Issues Having given careful consideration to the application and supporting information, the relevant development plan policies, the other material considerations and the consultation responses referred to above, the key issues are considered to be: • Waste planning policy considerations • Design and visual amenity Waste planning policy considerations The National Planning Policy Framework does not contain specific policies for waste. It does however seek to secure high quality design of development (section 7). 4 The ‘Waste Management Plan for England’ sets out the Government’s ambition to work towards a more sustainable and efficient approach to resource use and waste management. It sets out the ambitions to drive waste management up the waste hierarchy, ensuring that waste is considered alongside other spatial planning concerns, to provide a framework in which communities and businesses are engaged to take more responsibility of their own waste, helping to secure the re-use, recovery or disposal of waste without endangering human health and without harming the environment, and in ensuring design and layout complements sustainable waste management. National waste policy is contained within the ‘National Planning Policy for Waste’. It supports sustainable waste management and sets out the criteria for determining planning applications (section 7). With particular regard to these proposals, when determining planning applications, section 7 states that waste planning authorities should:
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