D

DEVELOPMENT CONTROL AND REGULATORY BOARD

23 RD APRIL 2009

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

COUNTY MATTER

PART A – SUMMARY REPORT

APP. NO. & DATE: 2009/0033/06 (2009/C009/06) – 5th January 2009

PROPOSAL: Extension to existing composting site

LOCATION: Buckminster Road, Sproxton,

APPLICANT: Craig & Neil Birch

MAIN ISSUES: Policy objectives for waste activities, traffic generation and environmental impacts.

RECOMMENDATION: PERMIT subject to the conditions listed in Appendix 1.

Circulation Under Local Issues Alert Procedure

Mr. J. B. Rhodes, CC

Officer to Contact

Georg Urban (Tel. 0116 305 6756) Email: [email protected]

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PART B – MAIN REPORT

Background

1. This application relates to an extension to an existing on-farm composting site near the village of Sproxton. A temporary planning permission was granted in February 2006, allowing composting operations to take place for a period of three years.

2. The 2006 permission limited the operators to a maximum of 12 deliveries per week. The permission also limited the capacity of the site to no more than 1000 cubic metres of composting material at anyone time. The finished compost product is ultimately spread on land within the applicant’s ownership.

3. The operators are now seeking permission to extend the current site and to retain the site, as extended, on a permanent basis.

Location of Proposed Development

4. The village of Sproxton is located in the eastern part of Melton District, approximately 11km east northeast of Melton Mowbray. The B676 Melton Mowbray to road runs 2km south of the village.

5. The existing composting site is located in a field to the south of the village, adjacent to a smaller unclassified road leading south towards Coston and the B676. The application site includes the existing site and an area of 53 by 63 metres directly to the south, onto which composting operations would be transferred from the existing site. Access to the site is from the Sproxton- Buckminster road, just north of its junction with the unclassified minor road.

6. The site is set in an open, gently rolling landscape with extensive views mainly to the east, south and west. The existing composting area is located in the north eastern corner of a large arable field measuring approximately 140 x 240 metres, which slopes gently towards the east and south. Field boundaries are formed by hedges of varying heights, the hedge along the northern field boundary being approximately 1.7 – 2m high.

7. The nearest properties in Sproxton are along The Nook and Coston Road, in the south western part of the village, about 420-450m north west of the site. Due to the topography of the area the site cannot be seen from these properties. However, it is visible from a number of properties along Stow Hill at the southern edge of Sproxton.

8. Footpath E68a, which runs in a north-south direction from Sproxton to the unclassified Sproxton-Coston road south of the village, follows the western edge of the field in which the application site is located. Footpath E57 runs from Sproxton south east to Buckminster and crosses fields south of the village. The footpath meets Buckminster Road approximately 60m north of the site access and 150m north of the composting site.

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9. The River Eye, a local stream, runs to the west and south of Sproxton and at its closest point comes within 700m of the site. A small unnamed tributary watercourse runs parallel to the Sproxton to Coston road and at its nearest point is approximately 350m west of the site.

Description of Proposal

10. The proposed development involves the construction of a concrete hardstanding which would be linked to the existing site by a 25m long internal access road; a concrete retaining wall along part of the southern and eastern edges of the proposed extension to the composting area; the installation of a weighbridge and portable building; and associated landscaping works. Once the additional concrete hardstanding has been completed, all composting operations would be moved to the new part of the site. The proposal would also result in an increase in the throughput of the composting site and associated vehicle movements.

The composting site

11. The area currently used for the composting of waste would be retained and used as circulation space. An access road would be constructed, leading from the south eastern corner of the existing site southwards to the proposed extension area. A weighbridge would be installed in the existing composting area between the main access to the site and the new track leading to the proposed extension. A portable building measuring approximately 6m long x 3m wide x 3m high, serving as a site office and accommodating the weighbridge equipment, would be placed adjacent to the weighbridge.

12. The proposed extension area would be located to the south of the existing site. Topsoil would be stripped from an area of 40 x 50 m to a depth of 350mm. The resulting void would be backfilled with a 150mm layer of hardcore sub-base, on top of which a 200mm concrete hardstanding would then be constructed. The concrete area would incorporate a slight gradient to allow rainwater and run-off liquid to be channelled towards the south. A concrete retaining wall with a maximum height of 500mm would be constructed along the southern and part of the eastern edges of the area, containing any run-off from the site. The topsoil stripped from this area would be placed in two storage bunds to be constructed along the southern and eastern edges of the extension area.

Site Access

13. The existing site is accessed from Buckminster Road. The site access was constructed in accordance with the requirements of the Highway Authority when the site was established. This proposal involves increased HGV traffic and the Highway Authority has requested that access improvements be made. The operators have confirmed that they are happy to improve the access as required.

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Proposed operations

14. The current composting operations at the site would continue, namely, green waste and other organic material would be brought to the site from various sources. The site currently accepts green waste and wood waste from LCC civic amenity sites at Bottesford, Melton and Somerby as well as “brown bin” waste (garden waste) from doorstep collections in Rutland. In addition, it is proposed to increase the waste throughput of the site from 2,000-4,000 tonnes currently per year to 8,000 per year.

15. On arrival, vehicles delivering waste to the site would pass the weighbridge before proceeding to the extension area, where waste would be deposited. Any material which requires shredding would initially be separated out. Once a sufficient amount of material has accumulated, a shredder would be brought onto the site to process the material.

16. Waste for composting would be stacked in a single pile, referred to as a “clamp”, where it would remain during the composting process. During composting, the temperature inside the clamp would increase to 55-65°C, which would pasteurise the material. The applicants propose to increase the height of the compost pile from currently 3m to 4m in order to allow a more efficient use of the site.

17. The clamp would be turned as necessary using a telescopic loader. The frequency of turning would depend on the type of material present, the stage of the process and the desired speed of the operation. In order to ensure proper aeration, the waste would have to be turned at regular intervals. The duration of the composting process varies depending on the type of waste materials involved and operational aspects such as whether material would be shredded or not. For the type of waste handled by the application site, the process would take approximately 12 weeks.

18. Following completion of the composting process, the composted material would act as an organic fertiliser which would be moved onto fields within the applicants’ landholding and stored until a suitable time is available for spreading. No sale or export of the finished product would take place.

Vehicle movements

19. The applicant anticipates a maximum of 16 deliveries of waste per day to the site at peak periods.

Hours of operation

20. The proposed hours of operation are Monday to Saturday 0800 to 1800 hours, with the exception of shredding of waste, which would only take place on weekdays (but not on Saturdays, Bank Holidays or Public Holidays). No operations at all would take place on Sundays.

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Planning Policy

National Guidance

21. Government advice on planning and waste management is set out in the Waste Strategy 2007 and Planning Policy Statement 10 (PPS10) : Planning for Sustainable Waste Management . The Waste Strategy was published in May 2007 and updates the earlier Waste Strategy 2000. It describes the need for a significant change in the way in which waste is managed to reduce the amount that is taken to landfill and to promote the recycling and re-use of materials. The Strategy sets a target to recycle or compost at least 40% of household waste by 2010, 45% by 2015 and 50% by 2020 and to recover 53% of municipal waste by 2010, 67% by 2015 and 75% by 2020. The Government therefore encourages efforts to reduce waste and substantially increase re-use, recycling and composting.

22. PPS10 provides advice about how the land use planning system should contribute to sustainable waste management through the provision of the required waste management facilities in . It continues to promote sustainable development and the waste hierarchy of reduction, re-use, recycling and composting and energy recovery, with disposal as the last option. It also explains the relationship between the planning and pollution control regimes.

23. Planning Policy Statement 23 : Planning and Pollution Control (2004) deals with the relationship between the planning and pollution control regimes. It advises that any consideration of the quality of land, air or water and potential impacts arising from development possibly leading to impacts on health are capable of being material planning considerations in so far as they arise, or may arise from, or may affect any land use. It also states that the planning and pollution control regimes should complement rather than duplicate each other.

24. The Development Plan in this instance comprises the Regional Spatial Strategy for the , the , Leicester and Rutland Waste Local Plan and the Melton Local Plan.

East Midlands Regional Plan

25. The current Regional Spatial Strategy for the East Midlands was published in March 2009 as the East Midlands Regional Plan . It provides a broad development strategy for the East Midlands up to 2026, setting out the regional guidance for development in the East Midlands and applying the general principles for sustainable development which are contained in national guidance.

26. The Regional Core Objectives set out in the Plan include the protection and enhancement of the environment by reducing the amount of waste produced and increasing the amount recycled or otherwise beneficially managed. The Plan also sets minimum targets for the recycling and composting of municipal solid waste of 30% by 2010 and 50% by 2015.

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27. Detailed policies are to be developed through the Regional Waste Strategy (RWS), which is to be based on the following principles: • Working towards zero growth in waste by 2016; • Reducing the amount of waste sent to landfill; • Exceeding government targets for recycling and composting to achieve levels of current best practice; and • taking a flexible approach to other forms of waste recovery on the basis that technology in this area is developing very quickly.

East Midlands Regional Waste Strategy

28. Whilst not part of the Development Plan, the East Midlands Regional Waste Strategy is a material consideration and Policy 1.7 states that Waste Development Plans should allocate specific sites for a range of types and scales of waste management facilities, with such sites being assessed against the following criteria: • Proximity to existing or major new or planned developments; • Good transport connections, with preference given to rail and water; • Compatible land uses including active mineral sites, previous or existing industrial land use, contaminated or derelict land, land adjoining sewage treatment works; and • Locally based environmental and amenity criteria.

Local Policies

29. The Leicestershire, Leicester and Rutland Waste Local Plan supports the composting, recycling and re-use of waste.

• Policy WLP 2 states that permission will be granted for waste management development for the recycling and re-use of all types of waste product, subject to proposals meeting identified environmental criteria set out in Policy WLP 8 . • Policy WLP 4 contains a presumption in favour of composting sites, subject to the proposals meeting the criteria set out in Policy WLP 8 . • Policy WLP 6 itemises those matters that should be submitted in support of applications for waste management development. • Policy WLP 7 lists the considerations the planning authority will take into account when determining applications for waste management development. These include: (I) the nature of material to be managed; (II) the effect on, and relationship to, sensitive nearby land uses (in particular residential properties) by reason of noise, dust, odour, litter, fumes, or any other potential nuisance; (VI) transportation impacts; (XIV) the contribution that the proposed development makes to the implementation of the Waste Hierarchy, taking into account the Best Practicable Environmental Option (BPEO).

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• Policy WLP 8 indicates those instances where new waste management facilities will not be permitted by virtue of the effect they would have on environmentally sensitive areas, unless there is an overriding need or the impact can be alleviated by appropriate measures. • Policy WLP 10 states that heavy lorry movements associated with waste management operations will be restricted from using unsuitable roads by means of traffic management or other appropriate measures such as lorry routeing agreements. • Policy WLP 11 states that conditions will be attached to planning permissions in order to minimise the effect of development on the environment and local residents.

Melton Local Plan

30. Overall Strategy Policy OS2 clarifies which type of development will or will not be permitted in the open countryside. The policy states that planning permission for development outside the town and village envelope will not be granted except in special circumstances, which includes development essential to the operational requirements of agriculture and forestry and limited small-scale development for employment, recreation and tourism that is not significantly detrimental to the appearance to the countryside.

31. Countryside and the Natural Environment Policy C2 states that planning permission for farm-based diversification proposals will be granted if the development is: • ancillary to the main agricultural use, • compatible with its rural location in terms of scale, design and layout, • there is no significant adverse impact on the character and appearance of the rural landscape, • access, servicing and parking would be provided without detriment the rural character of the area, and • the traffic generated by the proposal can be accommodated on the local highway network without reducing road safety.

Leicestershire and Leicester Waste Development Framework

32. The County Council (in conjunction with Leicester City Council) is preparing its Waste Development Framework (WDF), which will replace the existing Waste Local Plan. The Core Strategy and Development Control Policies document has been submitted to the Secretary of State in June 2008 and has undergone an Examination by a Planning Inspector in February 2009. Therefore it is a material consideration in the determination of the current application, albeit having limited weight at present.

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• Policy CS3 states that strategy for non-strategic waste sites is to locate them in the following areas, taking into account the principles set out in Policy CS4: Waste Location Principles : (i) in the Broad Locations indicated in the Key Diagram, (ii) in or close to the main urban areas of Hinckley or Melton Mowbray; (iii) within sustainable urban extensions; (iv) within or adjacent to an existing waste facility. Where it can be demonstrated that a more dispersed location outside the above areas is necessary, locations in smaller settlements or rural areas will be considered subject to the principles set out in Policy CS4. • Policy CS4 contains the strategy for locating waste sites, including a sequential approach for their location. The policy gives the highest priority to locations on land with an existing waste management use where transport, operational and environmental benefits can be demonstrated as a consequence of the co-location of waste management facilities. • Policy CS5 states that the strategy for re-use, recycling, waste transfer and composting facilities is to allow new waste management development, provided the proposal does not cause unacceptable harm to the environment or communities. • Policy CS10 sets out the strategy for environmental protection, which aims to protect the natural and built environment by ensuring that no unacceptable impacts arise from development. • Policy DC8 presumes against waste management development which is likely to generate significant adverse impacts from noise, dust, vibration, odour emissions, illumination, visual intrusion or traffic. • Policy DC9 presumes against waste management development which would result in an unacceptable cumulative impact on the environment or the amenity of a local community.

Consultations

Melton Borough Council (Planning)

33. No objections.

Melton Borough Council (Environmental Health Officer)

34. The Environmental Health Officer is the officer primarily involved in responding to nuisance complaints. He advises that he has received no complaints of a nuisance arising from the current composting activities at the existing site, and consequently has no objections to the proposed development.

Sproxton Parish Council

35. The Parish Council forwarded the views expressed at a meeting of approximately 40 residents held in February 2009. Primary concerns were: • Increased volume of traffic to and from the site due to the proposed expansion, including both lorry traffic and tractors and trailer movements to transport compost to other parts of the farm;

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• Traffic safety – the village has several dangerous bends – increased level of risk to pedestrians and other vehicles; • Potential adverse impact on sensitive buildings and stone walls close to roads; • Operating hours – villagers expressed a desire to confine operating hours to weekdays only, in order to maintain peace at weekends and reduce the risk to children playing in the village; • Odours – some villagers complained about odours from the current operation, although it was said to be tolerable. Nevertheless, there was concern about increased levels of operation resulting in increased odours. For other villagers, odour was not a problem; • Increased volume of waste could lead to an increased level of plastic littering the fields; • Some villagers expressed concern about potential health risks from bioaerosols emitted by composting heaps. The composting heaps would be more than 250m away from dwellings, but some villagers thought this was not far enough. The Parish Council would like to support the sustainable farming methods practiced by the Birch family on their farm, but wish to ensure that villagers are not overly disadvantaged as a consequence.

Environment Agency

36. No objection, but advise that all activities must comply with the appropriate Environmental Permit for Composting in open windrows.

Health Protection Agency (East Midlands)

37. No objection, but advises that the production and storage of compost can only take place with an Environmental Permit. Furthermore, the Health Protection Agency notes that the site would be fully bunded to allow any leachate to be contained, absorbed and recirculated naturally to help the composting process, and recommends that any collection systems, leachate storage, and re- circulation methods to be employed on site do not result in emissions to air, land or water that could pose a risk to off-site receptors. The HPA recommends that the applicant can demonstrate that the proposed concrete bund would be sufficient to contain rainwater runoff and leachate from the site.

38. The HPA advises that composting facilities have the potential to produce bioaerosols and, when evaluating potential adverse health effects, it is necessary to consider exposure to all sources of organic dust which are present in an area (e.g. from other agricultural activities) and other factors, such as medical history of nearby receptors. A brief review of the literature carried out by the Health Protection Agency indicates little evidence of human health risks associated with proximity to organic composting centres. The HPA further assesses that the principal impacts on the local population are more likely to be from increased traffic and possible nuisance smells, rather than health risks.

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Highway Authority

39. No objections to the proposal, subject to conditions covering: limits to daily vehicle movements; design of site access; the proposed operation always remaining ancillary to the agricultural use of the site; use of wheel cleaning equipment; and provision of improved site access with suitable width, radii and visibility splays.

Natural England

40. No objection.

Publicity

41. The proposal has been advertised by two site notices, posted at the site access and on the village notice board on the corner of School Hill and Main Street. A public notice also appeared in the Melton Times on 22 nd January 2009. In addition, all 87 properties in Sproxton were notified by individual letters.

Representations Received

42. 21 representations have been received from 17 properties in Sproxton and one property in Pickworth in . Multiple representations have been received from a number of properties.

43. 14 representations object to the development on grounds of odour; likelihood of debris being spread outside the site; increased traffic; noise; wind-blown litter; visual impact; and operating hours. A number of representations referred to waste material being stockpiled in fields around the village. Four representations express concern about the operation and its anticipated impacts whilst not expressly raising an objection. Two representations suggest that the operation should be relocated to a site west of the village. Three representatives write in support of the proposal.

Assessment of Proposal

44. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires every planning application to be determined in accordance with the development plan unless material considerations indicate otherwise.

Policy Considerations

45. At all levels the relevant policies seek to achieve sustainable waste management. PPS1 Delivering Sustainable Development sets out the general principles of sustainable development, which include reducing the need to travel, bringing vacant previously developed land back into use, and enhancing and protecting biodiversity. PPS10 Planning for Sustainable Waste Management reaffirms the government’s aim to move waste management up the waste hierarchy by encouraging the re-use, reduction and recycling of waste rather than

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its disposal. It also stresses the need to provide sufficient waste management facilities of the right type, in the right place and at the right time. It is considered that the proposal accords with the general thrust of relevant national policies.

46. The Regional Spatial Strategy for the East Midlands sets regional priorities for waste management. The proposed development could make a contribution to these targets by providing capacity for waste to be composted.

47. The proposed development accords with the general principles of sustainable development and is therefore acceptable in general policy terms. As a waste management facility it is well located to the areas of waste arisings, thereby minimising the distance which waste is transported to the facility, i.e. from within the and the County of Rutland.

Traffic

48. The applicant anticipates that the extension of the site could give rise to a maximum of 16 deliveries per day. The Highway Authority does not raise any objection to the proposed development. Local residents have voiced concern over the suitability of the road through Sproxton for heavy goods traffic. However, the majority of deliveries are expected to arrive from the south rather than via the road leading through the village. The figure of 16 deliveries per day has been estimated as a maximum figure during peak times. Due to the nature of green waste, the actual amount of waste arisings fluctuates throughout the year.

Hours of operation

49. The applicant proposes to extend the hours of operations to also include Saturday afternoons, in order to service existing contracts with local authorities which operate doorstep collection rounds on Saturdays. Given the distance of the composting site from the nearest properties in Sproxton this is considered to be acceptable. Furthermore, it is proposed to limit shredding activities, which are the noisiest activities on the site, to weekdays only (excluding Bank Holidays and Public Holidays). No operations at all would take place on Sundays.

Odour

50. Composting can produce odour but, if operations are managed properly, odour should not become a nuisance. If, however, the material is not turned on a regular basis it will become anaerobic due to the lack of oxygen, resulting in strong unpleasant odour, which has the potential to become a nuisance. The generation of odour could be controlled to a certain extent by ensuring that the site is run in accordance with good practice for composting operations. This would include the aeration of the waste material on a regular basis to avoid it becoming anaerobic, and mixing the material to achieve the correct carbon to nitrogen ratio.

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51. Wind information obtained from a five-year (1998-2002) summary of wind speed and direction from the observing station at Nottingham East Midlands Airport indicates that the predominant wind directions at the observing station are from the southwest and the south-southwest, occurring for approximately 11% and 10% of the time, respectively. Calm winds occur relatively frequently at 21% of the time but may be due to the anemometer measurement method utilised at the observing station. Any other wind directions occur between 2% and 4.5% of the time for each individual wind direction.

52. Based on this information, it is anticipated that the prevailing winds would therefore blow past the village into an area of open farmland to the east of Sproxton, which contains no sensitive receptors.

53. Due to the location of the application site in relation to the village and the distance of the nearest sensitive receptors it is therefore considered significant odour impacts are unlikely to be generated by the proposal, provided that the operations are run in accordance with good practice. A representation received in response to publicity for this application raised the issue of strong unpleasant odours, but the source of the odour could not be established. Furthermore, the Environmental Health Officer and the Environment Agency have not received any complaints about odour from the composting site.

Noise

54. The noisiest activity on the site would be the shredding of material. Not all material would require shredding (e.g. grass cuttings). For operational reasons, material would not necessarily be shredded straight away after delivery to the site. Instead, a shredder would be hired for a day once a sufficient amount of material has accumulated. This would reduce the number of days during which shredding is carried out on the site. No shredding would be carried out at weekends or on Bank or Public Holidays.

Wind-blown litter/likelihood of debris being spread outside the site

55. A number of representations have voiced concern over wind-blown litter from the site and the risk of debris being spread outside the site. Due to the material composted and the prevailing wind direction, it is not anticipated that waste materials would be carried off-site by the wind. Notwithstanding this, if environmental conditions are such that there is a risk of waste being blown off- site, the operator would be required to take suitable steps to ensure that operations on site do not give rise to such complaints.

Visual Impact

56. The existing site is clearly visible when travelling south-north along the unnamed minor road running immediately east of the site. Close to the site the existing operations are screened by the roadside hedge.

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57. The existing site is noticeable within the simple landscape pattern of hedged fields, but not particularly intrusive because its scale and colours are generally compatible with its agricultural surroundings. However, the proposal would more than double the site area and introduce a built structure into the open countryside, which would increase the overall impact on the local landscape character.

58. Overall Strategy Policy OS2 of the Melton Local Plan makes provision for some limited form of development in the countryside, subject to consideration of impact on the appearance or character of the landscape. Such development includes limited small-scale development for employment, recreation and tourism which is not significantly detrimental to the appearance and rural character of the open countryside.

59. It is considered that the proposed development would meet the criteria set out in Policy OS2 as it comprises limited small-scale development. The impact of the site, when seen in context with the surrounding agricultural activities, would not be of a scale which would be contrary to this policy. The size and colour of the proposed weighbridge office would be controlled by planning conditions to ensure that the site office blends in with its surroundings and is of an appropriate size. However, in order to restrict the visual impact of the activity it is considered that the maximum height of compost stockpiles should remain at 3m as in the existing operation.

60. The applicants advise that additional landscaping would be provided to help screen the proposed development. The soil which would be stripped to form the additional hardstanding would be placed in a bund along the southern and eastern edge of the site.

61. A calculation of the available soil resource and comparison with the proposed dimensions of the soil bund indicates that the stripping of soils from the extension area (40m x 50m x 0.35m deep) would release about 700m 3 of soil, whereas the initial design submitted with the application shows a bund with a capacity of approximately 7,000m 3. Should permission be granted it would therefore be subject to a planning condition requiring further details of soil bund construction and dimensions to be submitted to the Director of Community Services for approval.

Stockpiling waste material in fields around the village

62. Following maturation, the material may be stored in a separate stockpile before it is spread onto the applicant’s land during a suitable crop window. The applicants have substantial landholdings to the north, south and west of Sproxton. This may necessitate transhipment of the composted material by tractor and trailer to other parts of the landholding using the public highway. The number of vehicle movements associated with this activity would depend on the amount of material composted. The storage of compost on or adjacent to the field where it is to be

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spread is undertaken under an exemption from the Waste Management Licensing/Environmental Permit regime but may require a separate planning permission if compost is stored for a length of time.

Materials on site

63. The exact nature of the material to be imported would depend on the waste disposal contracts which the operator would secure. The operation would require an Environmental Permit from the Environment Agency, which would restrict the types and amounts of material which may be brought to and processed on the site. The weight of each load would vary depending on the type and volume of material.

64. Concerns have been raised in the past over the suitability of medium-density fibreboard (MDF) for composting, given that MDF production uses formaldehyde as a manufacturing resin. The Environment Agency, as the authority responsible for pollution control, was asked to clarify its position with regard to the composting of MDF waste. The Agency advised that some wastes have the potential to be either hazardous or not, depending on whether they contain “dangerous substances”. MDF is one such material which would be classed as hazardous waste only if dangerous substances are present above threshold concentrations. In wood glues the free formaldehyde is approximately 2%, and as a concentration in the MDF as a whole it would be significantly less. In 2002, MDF was approved by the Environment Agency’s Process Department as a waste that can be composted.

Ecological Advice

65. Data indicates that bats and barn owl have been recorded in the vicinity of the application site. Furthermore, the proposed development is within 500 metres of a number of ponds. The County Ecologist therefore recommends that the guidelines cited in Trigger 8 of Protected Species Decisions for Development Control be followed and the potential impact of the proposed development on Great Crested Newt be investigated.

66. Following a survey, an independent ecologist has confirmed that the application site is of low value to Great Crested Newts, with no direct connections between the proposed site and areas of terrestrial habitat that could be suitable for newts.

Miscellaneous

67. The applicants also propose erecting solar panels and a small wind turbine on top of the building, which would help supply the electricity needed to power the weighbridge. Whilst briefly mentioned in the Design & Access Statement, the application and supporting statement make no reference to such proposals. As those consulted on this application may be unaware of this aspect of the proposal, it is considered appropriate that should permission be granted, a condition should be attached stating that the consent does not relate to the erection of a wind turbine and that a separate application would be required for this type of development.

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Conclusion

68. The application proposes an extension to an existing composting operation at a comparatively remote location. The main potential impacts of the proposed development would relate to traffic movements, but noise, dust, odour, visual impact and air quality are also of concern to local residents.

69. The Highway Authority does not raise an objection to the proposal subject to the imposition of conditions relating to the geometry of the site access and the control of the use of the weighbridge. It is anticipated that the majority of site traffic would approach the site from the south without passing through the village of Sproxton. Noise impacts would be controlled by limiting noisy activities (shredding of waste) to weekdays only and by operating a shredder only when a sufficient amount of material has accumulated. Odour could be controlled by adherence to good practice and the imposition of a planning condition requiring remedial action if complaints about odour are received. The visual impacts of the proposal are small and occur mainly from viewpoints to the south east and south. These can be mitigated by improved landscaping.

70. The existing site has operated for a period of approximately 3 years and during this time has been the subject of regular inspections by officers of the County Council. On balance, it is considered that the proposed development would be in accordance with planning policy and any material adverse impacts can be mitigated by appropriate conditions.

Recommendation

1. PERMIT subject to the conditions as set out in the appendix.

2. To endorse, as required by the Town and Country Planning (General Development Procedure) Order 1995 (as amended), a summary of the:

a. Policies and proposals in the development plan which are relevant to the decision, as follows:

This application has been determined in accordance with the Town and Country Planning Acts, and in the context of the Government’s current planning policy guidance and the relevant Circulars, together with the relevant development plan policies, including the following, and those referred to under the specific conditions as set out in the appendix:-

Leicestershire, Leicester and Rutland Waste Local Plan Policies WLP 2, WLP 4, WLP 6, WLP 7, WLP 8, WLP 10 and WLP 11

Melton Local Plan Policies OS2 and C2

b. Reasons for the grant of planning permission, as set out in Conclusion above.

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APPENDIX

Conditions

1. The development to which this permission relates shall be commenced within 3 years from the date of this permission. Written notification of the date of commencement of construction of the extension area shall be given to the Director of Community Services within 7 days of commencement.

2. Unless otherwise agreed in writing by the Director of Community Services or required by the conditions attached to this permission, the development hereby permitted shall be carried out only in accordance with the details submitted with the application reference no. 2009/0033/06.

3. All operations associated with the development hereby permitted shall take place only within the area edged red as shown on the 1:1250 scale plan marked “Plan 1: Site Plan” submitted with the planning application.

Hours of Operation

4. No delivery, sorting, movement or turning of compostable material shall take place except between the hours of 08.00 to 18.00 hours Monday to Saturday. No shredding of material shall take place except between the hours of 08.00 to 17.00 hours Monday to Friday. No shredding of material shall take place on Saturdays, Sundays, Bank or Public Holidays and no activities at all shall take place on Sundays.

Site Construction

5. No stripping of soil shall take place until the site area has been demarcated in accordance with details to be submitted to the Director of Community Services for approval. The demarcation shall remain in place for the duration of operations on site.

6. The proposed portable building shall not be installed until details of its dimensions, colours and external finishes have been submitted to and approved in writing by the Director of Community Services. The building shall thereafter be constructed only in accordance with the approved details.

7. No topsoil or subsoil shall be removed from the site. All soils shall be permanently retained on site and used in the restoration of the site.

8. The soil storage bund shall be seeded with a suitable grass seed mixture. Once established, the sward shall be managed throughout the period of storage and kept weed free.

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Access and Highways

9. The construction of the extension to the site shall not commence until details of improvements to the site access have submitted to and approved by the Director of Community Services and the site access has been constructed in accordance with the approved details. Such details shall include:

a) Improvements to the vehicular access to the site with 6 metre control radii on both sides of the access; b) The provision of visibility splays of not less than 2.4 metres by 160 metres at the junction of the access with Buckminster Road. These shall be in accordance with the standards contained in Places, Streets and Movement and the current County Council design guide and shall be so maintained throughout the duration of the development. Nothing shall be allowed to grow above a height of 0.9 metres above ground level within the visibility splays; c) The widening of the vehicular access to the site to an effective minimum width of 6 metres over a distance of at least 20 metres behind the Highway boundary. Once widened, the access drive shall be so maintained throughout the duration of the development; d) The provision of turning facilities within the site, in order to allow vehicles to enter and leave in a forward direction. The turning area so provided shall not be obstructed and shall be available for use throughout the duration of the development;

The site access shall be maintained in accordance with the approved details throughout the duration of the development.

10. Any vehicular access gates, barriers, bollards, chains or other such obstructions which are to be erected shall be set back a minimum distance of 15 metres behind the Highway boundary and shall be hung so as to open inwards only.

11. The extension to the site area shall not be brought into use until details of the wheel washing facilities have been submitted to the Director of Community Services for approval. The approved wheel washing facilities shall be maintained throughout the operational period of the development. No vehicles shall enter the public highway from the site unless their wheels and chassis have been cleaned to prevent material being deposited on the highway.

Delivery of Waste

12. Deliveries of compostable materials to the site shall be limited to a maximum number of 16 on any one day.

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13. A record of daily vehicle movements and tonnages of waste delivered to the site shall be maintained at all times and shall be submitted for inspection to the Director of Community services at 3-monthly intervals, commencing with the date of first reception of waste at the site following the construction of the extension area.

Operational Matters

14. No waste material shall be tipped, stored, sorted, processed, screened, shredded or handled in any part of the site other than the hard-surfaced extension area hereby permitted and indicated on the 1:1250 scale plan marked “Plan 1: Site Plan” submitted with the planning application.

15. Unless previously approved in writing by the Director of Community Services, the types of waste which may be brought to and processed at the site shall be limited to: • Green waste from plant origin; • Wood products (including chipboard, hardboard and MDF); • Paper-based products or residues from paper production; • Farm wastes such as animal manures; • Crop residues from production operations such as oil seed rape pressing (provided no solvents are used in the production process).

No other waste materials shall be brought onto the site. Incidental arisings of non-compostable material shall be placed in an enclosed container prior to their removal from the site.

16. As and when contracts for the disposal of waste at the application site are entered into, the operator shall notify the Director of Community Services of the types and quantities of waste to be deposited at the site under the contract.

17. The weighbridge shall not be used for general use or by any other vehicles except those bringing composting materials to the site.

18. Following delivery to the site, all wastes shall be inspected and moved to the composting area within 48 hours. No waste material or containers or skips shall be stored on the site except as may be required by Condition 15 above.

19. Any stockpiles of material on the site shall not exceed a height of 3 metres above the finished floor level.

20. Unless otherwise agreed in writing by the Director of Community Services, the final compost product shall be used as a soil conditioner/fertiliser within the land in the ownership of the applicant at Beech Tree Farm only and no material whatsoever shall be exported beyond the agricultural holding. No material shall be stored outside the confines of the application site except with the prior written approval by the Director of Community Services of details of the location, volume and duration of storage.

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21. No sales of compost shall take place from the site.

22. The volume of compost materials being processed, stored or treated on site at any one time shall not exceed 3000 cubic metres.

23. In the event of any complaint being received about the composting operation hereby permitted, the operator shall inform the Director of Community Services within 48 hours. If, in the opinion of the Director of Community Services, it is considered that the complaint warrants further investigation, a report shall be submitted to him prior to further operations taking place. Where necessary, a scheme of mitigation measures shall be submitted to and approved by the Director of Community Services and subsequently implemented. The scheme of measures shall seek to mitigate the effects of the operation that gave rise to the original complaint.

Drainage

24. There shall be no discharge of foul or contaminated drainage from the site into either the groundwater or any surface waters, whether direct or via soakaways.

Environmental Protection

25. All vehicles, plant and machinery shall operate during the permitted hours only, shall be maintained in accordance with the manufacturers’ specification at all times and shall be fitted with and use effective silencers.

Lighting and Fencing

26. No lighting installations or fencing shall be provided or erected on site unless details of any installation have first been submitted to and approved in writing by the Director of Community Services.

Landscaping

27. The hedgerow along the northern boundary of the site shall be maintained at a minimum height of 2.5 metres.

28. Prior to the commencement of the development hereby approved, a landscaping scheme shall be submitted to the Director of Community Services for approval. This shall include details of the species, numbers and locations of new plants and details of their maintenance. The landscaping scheme shall be implemented during the first available planting season following its approval and thereafter maintained throughout the duration of the development.

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Site Restoration

29. A scheme detailing the restoration of the site shall be submitted to and agreed in writing by the Director of Community Services within 3 months of permanent cessation of composting operations. Such a scheme shall include the removal of all hardstandings, demarcations, access roads and the drainage system, the reinstatement of soils across the site, and the return of the site to an agriculture standard. Following the cessation of composting operations the agreed scheme shall be implemented as approved within 1 year of the cessation of composting operations.

30. Notwithstanding any references in the submitted documents, this consent does not relate to the approval of any wind turbine facility. Any such facility shall be the subject of a separate application, inclusive of the details of the siting, design and appearance.

Reasons

1 To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2, 3, To enable the Waste Planning Authority to adequately control the 5, 6, development, to ensure it remains compatible with this rural location and 12,13 to minimise its impact on the amenities of the local area. 14,15 (Leicestershire, Leicester and Rutland Waste Local Plan Policies WLP 8 16,21 and WLP 11) & 22

4,18 To safeguard the visual and rural amenities of the locality and 19,20 the local community. (Leicestershire, Leicester and Rutland 23,25 Waste Local Plan Policy WLP 11) &26

7&8 In the interest of satisfactory restoration of the site. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 13)

9 In the interests of highway safety and the amenities of the area, to enable vehicles to enter and leave the site in a forward direction in the interests of the safety of road users, to afford adequate visibility at the site access and road junction to cater for the expected volume of traffic joining the existing highway network, and to ensure that vehicles entering and leaving the site may pass each other clear of the highway and not cause problems or dangers within the highway. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 11)

10 To enable a vehicle to stand clear of the highway whilst the gates are opened/closed and protect the free and safe passage of traffic, including pedestrians, in the public highway. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 11)

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11 In the interests of highway safety and the amenities of the area, and to reduce the possibility of deleterious material such as stones, mud etc. being deposited in the highway and becoming a hazard for road users. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 11)

12 To enable the Waste Planning Authority to adequately control the development and to minimise its impact on the amenities of the local area. (Leicestershire, Leicester and Rutland Waste Local Plan Policies WLP 8 and WLP 11)

17 In the interests of highway safety and to prevent inappropriate use of the weighbridge, which may create dangers due to increased traffic on the local road network. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 11)

24 To minimise the risk of pollution of watercourses and aquifers. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 8)

27&28 To ensure the maintenance of screening to the site and to protect the appearance and character of the area. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 11)

29 To ensure the site is restored in an adequate manner in the interest of the amenity of the area. (Leicestershire, Leicester and Rutland Waste Local Plan Policies WLP 8 and WLP 11)

30. For the avoidance of doubt and to enable the Waste Planning Authority to adequately control the development, to ensure it remains compatible with this rural location and to minimise its impact on the amenities of the local area. (Leicestershire, Leicester and Rutland Waste Local Plan Policy WLP 11)

Notes to the Applicant

Protection of nesting birds – The applicant is reminded that nesting birds are protected by law under the Wildlife and Countryside Act 1981. Therefore, any disturbance of nesting birds would constitute an offence under the law. It may be prudent, therefore, to defer any works to hedges and trees until the fledglings have left the nest and are fully independent.

The bird nesting season occurs between early spring and late summer, when resident and migratory bird species nest and rear their young. Trees and hedgerows are common nesting sites. The presence of nesting birds may have direct implications on the development, particularly where it involves works to trees or the removal of hedgerows.

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Soil handling - No soil movement operations should take place except when the full depth of soil to be stripped or otherwise transported is in a suitably dry soil moisture condition, such that damage to its structure shall be avoided. Conditions shall be sufficiently dry for the topsoil to be separated from the subsoil without difficulty. Soil handling and movement shall not be carried out a) between the months of October to April (inclusive); b) when it is raining; or c) when there are pools of water on the surface

All soil handling operations should be carried out having regard to the Defra Good Practice Guide for Handling Soils.

Site access improvements – All works within the limits of the Highway with regard to the access shall be carried out to the satisfaction of the Northern Area Manager (telephone 0116 305 2104).

The improvements required to the access include surfacing in a hard bound material for a minimum distance of 15 metres back from the highway boundary, provision of 2.4 metre by 160 metre visibility splays, increased junction radii, drainage, and no gates, barriers etc. being installed within 15 metres of the highway boundary.

Portable building - Acceptable colours for the portable building are dark green (BS 12B25 or similar), olive green and dark brown.

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Children’s Services and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970, the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984 and to the Disability Discrimination Act 1995. You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

COMMUNITY SAFETY IMPLICATIONS

Section 17 of the Crime and Disorder Act 1998 places a very broad duty on all local authorities 'to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all reasonably can to prevent, crime and disorder in its area'. Unless otherwise stated in the report, there are no discernible implications for crime reduction or community safety.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 38(6) OF PLANNING AND COMPULSORY PURCHASE ACT 2004

Members are reminded that Section 38(6) of the 2004 Act requires that:

“If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Regional Spatial Strategy, Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are given in the Town and Country Planning Act 1990:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices; Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

DC®. BOARD 23/04/2009