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

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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.

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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).

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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:

• Consider the likely impact on the local environment and on amenity against the criteria set out in Appendix B and the locational implications of any advice on health from the relevant health bodies. Waste planning authorities should avoid carrying out their own detailed assessment of epidemiological and other health studies;

• Ensure that waste management facilities in themselves are well designed, so that they contribute positively to the character and quality of the area in which they are located;

• Concern themselves with implementing the planning strategy in the Local Plan and not with the control of processes which are a matter for the pollution control authorities. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced.

The Staffordshire and Stoke on Trent Waste Local Plan supports the aims for sustainable waste management and sets out the general principles (policy 1.1) to accord with national policy and guidance. In specific regard to this application, it contains policy for locational criteria (policy 2.3), the general requirements for new and enhanced facilities (policy 3.1), and the expected measures to support sustainable design (policy 4.1), and the consideration that should be given to protect environmental quality (policy 4.2).

Land Use The proposals represent a change of use from a B2/B8 use to a ‘sui generis’ waste use.

Waste Local Plan (policy 2.3) seeks to encourage a network of sustainable waste management facilities which enable the movement of waste to be minimised, ensure that waste is being dealt with as close as possible to where it arises, and reduce the need to transport waste great distances. The policy states that preference will be given to such developments on general industrial land (including urban and rural general industrial estates (alongside B2 & B8 uses).

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Waste would be transferred to the site as part of the applicants business within the local area (30 mile radius), and as the site currently has a B2/B8 use, the development is therefore supported by this policy.

Conclusion: Having regard to the consultation responses, policies and other material considerations referred to above, it is reasonable to conclude that the proposals would provide a facility to deal with asbestos waste as close as possible to where it arises, and reduce the need to transport waste great distances. The development is a suitable use on an industrial estate and therefore accords with locational policy criteria.

Waste Operations Asbestos is defined as a stable non-reactive hazardous waste by the Environment Agency and for planning policy purposes is a special waste where proposals for its management are supported in the National Policy Statement for Hazardous Waste.

The ‘National Planning Policy for Waste’ (section 7), directs the consideration of likely impacts on the local environment and on amenity, though not with the control of processes which are a matter for the pollution control authorities.

Public Health England had advised on the carrying out of monitoring on the site for asbestos fibres. The applicant undertook to carry out independent monitoring and the results were sent by the applicant to the Newcastle under Lyme Borough Council Environmental Health Officer and the Environment Agency who are the relevant pollution control authorities. No objections have been received by these pollution control authorities.

The process involved in handling the asbestos waste is carried out by experienced and qualified staff employed by the applicant in carrying out asbestos removal. The vans that return to the site each day unload bulked and double bagged asbestos waste and transfer it to the lockable containers so that no spillage can occur. It is therefore considered that the risks of contamination to the environment are minimised. Furthermore, an Environmental Permit has been issued by the Environment Agency which places stringent controls for the operation of the facility, such as the types and volumes of waste that may be accepted; how the waste is to be treated; how it is to be stored; and the specific emission limits and conditions relating to any need to keep activities away from sensitive receptors.

Conclusion: Having regard to the consultation responses, policies and other material considerations referred to above, it is reasonable to conclude that the proposals would not cause any materially harmful impacts to people of the local environment or.

Design and visual amenity

Waste Local Plan (policy 4.2), Newcastle under Lyme and Stoke on Trent Core Spatial Strategy (policy CSP1), and the NPPF (section 7), all seek to ensure high quality design and development that is appropriate to the surroundings, that respects and integrates with the character and appearance of the locality.

6 Waste Local Plan (policy 3.1), promotes the general requirements for new and enhanced facilities, and with particular regard to this application seeks that new waste management facilities should: i Be fully contained within well designed purpose built or appropriately modified existing buildings or enclosed structures appropriate to the technology or process. Where this is not practicable or environmentally acceptable, the applicant must clearly demonstrate that any environmental impacts can be effectively mitigated by alternative means; iii Be compatible with nearby uses, and appropriate in scale and character to their surroundings giving careful consideration to any cumulative effects that may arise (Refer to 'Policy 4: Sustainable design and protection and improvement of environmental quality'); v All proposals should be submitted together with details on the annual throughput and waste stream that the site would handle.

General advice relating to the handling of asbestos waste and appropriate design for an asbestos waste transfer station has been provided by the Health and Safety Executive.

The waste transfer operations have been carried out in its current location to the rear of the industrial unit for around two years. The site is appropriately secured which has a separate secured compound area within to contain the lockable receptor containers. The site layout and proposed management of asbestos waste is in general accordance with the advice provided by the Health and Safety Executive.

The site premises are the last of a series of four industrial units accessed from Lowfield Drive and therefore not accessible to other users of the industrial estate. It is also well screened by existing vegetation around the site and not readily viewed due to an adjacent rail line to the east and dual carriageway to the west. The development itself consists of two lockable containers in a fenced compound which has a concrete base and does not therefore impact on its surroundings any more than other compound areas with containers on the industrial estate. The facility is well maintained and set out with appropriate safety signage, cctv and existing lighting.

The application seeks to transfer 520 tonnes of asbestos waste per year (10 tonnes per week), which reflects the current situation. It would however be appropriate to impose conditions to limit the amount of waste to be accepted at the site as proposed in order that the facility continues to maintain a high quality of design and is managed and maintained such that it remains appropriate to its surroundings and continues to respect and integrate with the character and appearance of the locality.

In terms of waste asbestos operations being carried out within a building, given the nature of its transfer from vehicles to a lockable skip which itself requires collection, it is reasonable to accept that such operations are appropriate to be carried out in the open and given the stringent controls that are imposed in an Environmental Permit, it is reasonable to consider that any environmental impacts can be effectively mitigated and that there would be no cumulative impacts.

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No objections have been received from consultees, though Newcastle under Lyme Borough Council has requested that a condition is imposed for the control of lighting. As lighting is currently provided, it is considered reasonable to impose a condition only in the event that lighting is to be modified to accommodate the waste transfer activities.

Conclusion: Having regard to the consultation responses, policies and other material considerations referred to above, it is reasonable to conclude that subject to conditions to control the amount of asbestos waste transferred to the site, and to control lighting, the proposals are acceptable in terms of design and would have no unacceptable adverse impact in terms of visual amenity.

Overall Conclusion

Overall, as an exercise of judgement, taking the relevant development plan policies as a whole and having given careful consideration to application and supporting information, the consultation responses, and the other material considerations, referred to above, it is reasonable to conclude that the development should be permitted, subject to the attached conditions.

Recommendation

PERMIT subject to the attached conditions

SIGNED: [Electronic Copy: Signature Removed]

Mike Grundy Planning, Policy and Development Control Manager

DATE: 17 November 2014

8 Recommended Conditions: N.14/05/2022 W

Definition of Consent and Conformity with Plans

1. This planning permission shall only relate to the site edged red on the ‘Site and Location Plan as Proposed’ (dwg no. DD-AIB-02), hereafter referred to as ‘the Site’ and the development hereby permitted shall only be carried out in accordance with the approved documents and plans referred to below:

Documents

• Planning Application Form dated 17 July 2014 • Supporting Statement • Design and Access Statement

Plans/Drawings

• Site and Location Plan as Proposed (dwg no. DD-AIB-02) • Site and Location Plan as Proposed (dwg no. DD-AIB-03) except in so far as the approved documents and plans referred to above are amended by the conditions specified below:

Reason: To define the permission and to ensure the permission is implemented in all respects in accordance with the submitted details.

Commencement of development

2. The development hereby permitted shall be deemed to have commenced on the date of this permission.

Reason: In order to comply with the provisions of Section 91 of the Town and Country Planning Act, 1990, as amended by Section 51 of the Planning and Compulsory Purchase Act, 2004.

Cessation of Operations

3. In the event that the development hereby permitted ceases, the Waste Planning Authority shall be notified in writing within 7 days of the cessation date and no further asbestos waste shall be imported on to the Site. For the purposes of this permission, the operations shall be deemed to have ceased from the date of notification of cessation or if no asbestos waste has been imported or exported from the Site for a period of 6 months.

4. Within 3 months of the cessation date as defined by Condition 3, the Site shall be cleared of all asbestos waste, skips, containers, and associated equipment.

Reasons (3 & 4): In order to ensure that should the development operations hereby permitted cease that the Site is cleared and to accord with the Staffordshire and

9 Stoke-on-Trent Waste Local Plan (policy 4.2); the Newcastle-under-Lyme Local Plan saved policy (policy E9); the National Planning Policy Framework (section 1); and, the National Planning Policy for Waste (section 5).

Waste types and throughput

5. The overall quantity of asbestos waste imported on to the Site shall not exceed a full working week average of 10 tonnes, and shall not exceed 520 tonnes per calendar year.

Reason: To accord with the provisions of the application, to limit the scale of operations at the Site; and to protect the environment and amenity of the surrounding area. These requirements are in accordance with the Staffordshire and Stoke-on- Trent Waste Local Plan (policy 4.2); and the National Planning Policy for Waste (section 7) and its accompanying Appendix B.

Hours of Operation

6. No operations associated with the development hereby permitted, other than for reasons of health and safety, shall not take place at the Site other than between the following hours:

• 08:00 to 17:00 Mondays to Fridays • 08:00 to 12:00 on Saturdays

No such operations hereby permitted shall take place on Sundays, Bank and Public Holidays.

Reason: To accord with the provisions of the application, to protect the amenity of neighbours in accordance with the Staffordshire and Stoke-on-Trent Waste Local Plan (policy 4.2); the National Planning Policy Framework (section 11); and the National Planning Policy for Waste (section 7) and its accompanying Appendix B.

Development Restrictions

7. No asbestos waste shall be delivered or accepted to the Site from the general public or third parties and only asbestos waste delivered to the Site in double sealed bags shall be handled at the Site.

Reasons: To accord with the provisions of the application and to protect the amenity of neighbours in accordance with the Staffordshire and Stoke-on-Trent Waste Local Plan (policy 4.2); and, the National Planning Policy Framework (section 11).

Record Keeping

8. Records of the total quantity of asbestos waste delivered to the Site per day shall be kept at the Site and shall be provided to the Waste Planning Authority within 7 days of a request being made. In making a request, the Waste Planning Authority shall specify the dates between which the records shall be provided.

10 Reason: In order to monitor the operations at the Site and in the interests of amenity in accordance with the Staffordshire and Stoke-on-Trent Waste Local Plan (policy 4).

Lighting

9. External lighting shall be positioned so as not to cause nuisance to the occupiers of nearby properties, land and road users.

10. In the event that external lighting should be modified, then lighting shall only be installed in compliance with a Lighting Scheme which shall first be submitted for the written approval of the Waste Planning Authority.

The scheme shall include details of the position, luminance and coverage of the proposed lighting.

Lighting shall be carried out in accordance with the approved Lighting Scheme.

Reasons (9 & 10): To protect the amenity of neighbours in accordance with the Staffordshire and Stoke-on-Trent Waste Local Plan (policy 4); and, the National Planning Policy Framework (section 11).

Site Security

11. Outside the permitted working hours as defined by Condition 6, measures shall be taken to ensure there is no unauthorised access to the Site. This shall include the locking of gates to the Site when the Site is unsupervised.

Reason: In the interests of safety and local amenity in accordance with the Staffordshire and Stoke-on-Trent Waste Local Plan (policy 4.2), and the National Planning Policy Framework (section 11).

Copy of the Permission

12. This planning permission, including all documents hereby permitted and any documents subsequently approved in accordance with this planning permission shall be available at the offices from where the Site is to be managed and shall be made known to any person(s) given responsibility for the management or control of the Site operations associated with the development hereby permitted.

Reason: To assist the monitoring and to encourage compliance with the planning permission in order that the construction operations associated with development hereby permitted are carried out in accordance with the planning permission.

INFORMATIVES:

1. Newcastle under Lyme Borough Council has advised as follows:

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With regard to Condition 10, guidance regarding appropriate lighting schemes is provided within the Institute of Lighting Professional publication ‘Guidance for the Reduction of Obtrusive Light’ available from: https://www.theilp.org.uk/documents/obtrusive-light/

2. Western Power Distribution advise as follows:

There are underground electricity cables near the Site. Western Power has directed that safe working procedures should be practised and advised following the safety advice for safe working in the vicinity of electricity. Advice can be obtained through the Western Power Distribution website: www.westernpower.co.uk/Health-and- Safety/Public-Safety

You can also contact Western Power on 0845 724 0240 for general inquiries.

The positive and proactive steps taken in handling the application

In dealing with planning applications, the government require local planning authorities to make a statement about how we have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application. [ref. The Town and Country Planning (Development Management Procedure) (England) (Amendment No. 2) Order 2012 – Part 4, Article 31(1)(cc)]

Staffordshire County Council endeavours to work positively and proactively in order to determine planning applications in an efficient and effective manner and in accordance with the presumption in favour of sustainable development, as described in the National Planning Policy Framework.

In dealing with the application, no notable problems arose.

All matters that arose were addressed by conditions of the planning permission.

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