P/2015/0942 Grid Ref: 296632.9 267941.51

Planning, Taxi Licensing and Rights of Way Committee Report

Application No: P/2015/0942 Grid Ref: 296632.9 267941.51

Community Rhayader Valid Date: Officer: Council: 28/09/2015 Robin Wynne Williams

Applicant: Mr Simon Kendrick Powys County Council County Hall Engineering Design Services Llandrindod Wells LD1 5LG

Location: Council Depot (Waste & Recycling) Station Road Rhayader Rhayader LD6 5AW

Proposal: The redevelopment of the existing waste & recycling bulking facility including removal of 2 store buildings, construction of building for bulking up of waste and cardboard, new welfare amenity building, conversion of existing welfare unit to offices and all associated works

Application Application for Full Planning Permission Type:

The reason for Committee determination

The application has been submitted by Powys County Council

Site Location and Description

The Rhayader Depot site is located on the south west edge of the town and along the northern edge of the B4518 that runs in a south westerly direction from the A470/A44 junction. The depot and existing recycling bulking facility is on the site of the old Rhayader railway station.

Since the station’s closure the site has been used as a Council depot as a highways depot and a waste transfer facility. The site at present contains a waste transfer building, weighbridge, welfare unit, two storage sheds, a glass collection bay, bunded concrete slabs, the railway station building which is used as site offices, a disused railway goods building, bunded vehicle wash-down area, bunded refuelling area, open areas of hardstanding for vehicle parking and manoeuvring.

Consultee Response

Rhayader TC - No objection

Highways Dept South – No objection

Building Control – No comment

Wales & West Utilities Advisory in relation to working in close proximity to apparatus

Environmental Health No objections subject to the inclusion of plannig conditions relating to noise and pest control.

PCC Ecologist No objections subject to the inclusion of planning conditions relating to mitigation associated with bats, birds and contamination control

PCC Land Drainage (Simon Crowther) – No comment

Natural Resources Wales No objections subject to a condition specifying the requirement of Natural Resources Wales European Species Development License. Comments were also included relating to Flood Risk, Environmental Permitting, Land Contamination and the requirements of the Local Authority to have regard to conserving biodiversity under the Natural Environment and Rural Communities Act 2006.

Disability Powys - No comment

Cllrs – No comment

PCC Contaminated land Officer No objection subject to the inclusion of planning conditions for further survey work to be undertaken, the submission and implementation of a remediation scheme associated with any contamination. Further conditions are also advised in relation to unexpected contamination that may be discovered on site and a condition relating to a long term monitoring and maintenance scheme for the site.

Representations

Planning History

P/2013/0205-Full: Change of use of land to mixed use highway depot and Use Class B8 - CC P/2010/1227 - Full: Provision of new welfare unit CC PR159204 – Change of use to waste transfer station PR159205 – Change of use land to form new storage compound PR159202 – Provision of car park & shared use path link to Elan Valley Trail R1592 – Salt storage barn

Principal Planning Policies

National planning policy and guidance

Planning Policy Wales (2014) Technical Advice Note 5 – Nature Conservation and Planning (2009)

Technical Advice Note 12 – Design (2009) Technical Advice Note 15 – Development and Flood Risk (2004) Technical Advice Note 21 – Waste (2014) Towards Zero Waste: The overarching Waste Strategy Document for Wales, June 2010 Collections, Infrastructure and Markets Sector Plan, 2012 The Waste (England and Wales) Regulations 2011

Local planning policies

UDP SP 11 – Waste Management UDP GP 1 – Development Control UDP GP 4 – Highway and Parking Requirements UDP ENV 3 – Safeguarding biodiversity and natural habitats UDP ENV 7 – Protected Species UDP EC 1 – Business, Industrial and Commercial Developments UDP T 3 – Transport Assessments and Travel Plans UDP MW 1 – Mining and Waste disposal UDP MW10 – Additional Waste Transfer Stations UDP MW 14 – Noise UDP MW 15 – Reversing Alarms UDP MW 16 – Dust and Litter UDP UDP DC 3 – External Lighting UDP DC 15 – Development on unstable or contaminated land

RDG=Powys Residential Design Guide NAW=National Assembly for Wales TAN= Technical Advice Note UDP=Powys Unitary Development Plan, MIPPS=Ministerial Interim Planning Policy Statement

Officer Appraisal

National and Local Policies - Waste

Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and paragraph 3.1.2 of Planning Policy Wales, which requires applications to be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise.

The main policies to be considered in the determination of this application are the policies of the Powys Unitary Development Plan. The policies and guidance contained within TAN21 are also central to the determination of this application. The materiality of the above polices are discussed in the following planning appraisal.

In exercising its planning functions in dealing with waste management applications; Local Planning Authorities must consider Articles 18 and 20 of The Waste (England and Wales) Regulations 2011, which states that the Waste Framework Directive - EC Council Directive 1999/31/EC (Landfill of Waste) and 2008/98/EC must be given weight.

The EU Landfill Directive specifying European targets for the diversion of biodegradable municipal waste from landfill together with the Waste Framework Directive is driving Local Authorities to manage waste as high up the up the Waste Hierarchy as possible. In order to achieve this, the EU and Welsh Assembly Governments have set stringent recycling targets and have detailed their proposed penalties to Local Authorities who fail to deliver alternative waste management arrangements. As a result the Welsh Assembly Government has made it clear through the adoption of The National Waste Strategy document Towards Zero Waste that resources will be directed towards local authority policies which are based on very high levels of waste recycling and composting; together with minimal levels of landfilling.

In response, Powys County Council are seeking to develop fit for purpose bulking sites across the county which will allow the Council to bulk, mechanically separate, bale and transfer recyclable material and wastes more effectively. Powys County Council have identified the need to develop three regional waste transfer and bulking sites across the county to undertake this operation; so as to optimise the collection operations, save on haulage costs whilst also complying with national targets which requires waste to be managed as high up the Waste Hierarchy as possible. This is in accordance with strategic policy SP11 of the UDP which states that the provision of an integrated and adequate network of waste management facilities is supported in accordance regional waste plans and waste management and recycling strategies and plans.

The Rhayader Highways Depot was granted planning permission in 2006 for the use as a waste transfer station under planning reference PR159204. This planning application is to redevelop the recycling and bulking facility as the mid region waste and recycling bulking facility for the Council.

The proposed development will require the demolition of two existing steel framed store buildings and the construction of a new purpose built steel portal framed building for bulking of mixed municipal wastes and cardboard, a new welfare amenity building, the conversion of the existing welfare unit into serviceable offices, surfacing and lining of existing hardstandings for parking and routeing of vehicles together with associated infrastructure including rainwater harvesting system, new foul water link, a new three-phase electricity supply and new layout for lighting and cctv cameras on site.

Built element of the proposal

The proposed steel frame building is to replace the 2 existing pre-fabricated steel buildings which are in a dilapidated state. Although the footprint of the new building will be larger than the existing buildings; measuring 41metres in length, 20 metres in width and almost 10metres in height to its ridge, it can be easily accommodated on site and will not be adversely located within the landscape. The proposed welfare facility will measure approximately 16 metres in length, 8 metres in width and 3.4 metres in height and can also be easily accommodated on site without adverse impacts. Together with the associated work, it is considered that the development in

4 relation to its design, scale mass and material will not have an adverse impact on the character of the surrounding area, the environment or local amenity and therefore the proposal is in accordance with UDP policy GP1.

Environment and Amenity

The site is to continue to operate between the hours of 07:00 and 18:00 Monday to Saturday and will operate on Bank Holidays. The site will be closed on Sundays and Christmas Bank Holiday, unless emergency maintenance work is required.

The Environmental Health Department consider it expedient to include a noise condition to ensure that noise is maintained to an acceptable level in the interests of residential amenity. By also including conditions to control dust, litter, pests, lighting and noise of on-site machinery, it is considered that the development will not have an adverse impact on the environment and local amenity and therefore the proposal is in accordance with UDP policy MW1, MW14, MW15, MW16 and DC3.

In addition, the Environmental Health department states that the site currently operates under a permit issued by NRW and there are conditions attached to the permit to protect the environment from polluting air and land. TAN21 – Waste; states that planning authorities should take into account the ability of Environmental Permits to control the operations of waste facilities, and its interactions with the environment; and should not duplicate control more appropriately imposed as part of the permit.

Highways

Currently there are 17 refuse vehicles operating from within the application site, they are used to collect kerbside waste and recycling from the mid Powys region. These 17 vehicles all make one round trip daily with the residual waste being deposited at the Bryn Posteg tip near Llanidloes and the recyclate deposited at the application site upon the vehicles return. This proposal will allow all wastes to be deposited daily at the application site which will then result in:

Approximately 2 bulked HGV’s departing weekly to Bryn Posteg to dispose residual waste, 2 weekly food collections, and 1 weekly collection from site for glass, plastics, cans, paper and cardboard.

The recycled material is currently bulked and transferred on site; therefore the only additional vehicular movement associated with the proposal is the transfer of bulked residual waste to Bryn Posteg. Therefore it is considered that the development will not have an adverse impact upon the highway network and is in accordance with UDP policy GP4 and T3.

Ecology

It is noted that the Ecological Survey Report submitted in support of the application identifies the use of one of the buildings that is to be demolished as a day roost for one Soprano Pipistrelle bat which is a European Protected Species. The report

5 states that a Natural Resources Wales European Species Development License is to be obtained to undertake works that will disturb, damage/destroy a European Protected Species. Mitigation will be undertaken in the form of undertaking the work between the 1st October and 31st March when bats are less likely to be present, ensuring that an Ecological Clerk of Works delivers a toolbox talk to all site personnel covering awareness of potential presence of bats and measures to be undertaken if protected species are encountered or identified during the works. Mitigation will also include the fixing of two bat boxes on the North West elevation of the new building.

Subject to the implementation of mitigation measures relating to bats, nesting birds and the pollution prevention plan referred to within the Ecological Survey Report; it is considered that the development will not have an adverse impact on biodiversity or protected species and therefore the proposal is in accordance with UDP policy ENV3 and ENV7.

Contaminated Land

The site’s previous use was as a railway station and former landfill. These land uses has the potential to cause contamination. In support of the application a Site Condition Report, Geo-environmental Desk Study and Ground Investigation Report has been submitted. Subject to the information submitted, the Authority’s Contaminated Land Officer has recommended that conditions are applied for further survey work to be undertaken to assess the nature and extent of any contamination on site, the submission and implementation of a remediation scheme associated with any contamination. Further conditions are also advised in relation to unexpected contamination that may be discovered on site and a condition relating to a long term monitoring and maintenance scheme for the site. The Contaminated Land Officer also recommends that the Council’s guidance leaflet for the development of sites with potential contamination is also brought to the applicant’s attention. Natural Resources Wales also recommends that an advisory is included should planning permission be granted requiring the implementation of the Guiding Principles for Land Contamination be followed. Subject to the applicant undertaking the required actions in accordance with the planning conditions recommended it is considered that the development accords with UDP policy DC15.

Other observations and representations

It is noted that a nominal part of the site along its northern boundary is located within the C2 flood zone. However the proposal does not include any development within the C2 zone and no adverse comments were received by NRW to this effect.

Representation has been submitted by Wales & West Utilities, suggesting that should planning permission be granted an advisory note is attached stating that apparatus may be present in the area and that measures should be put in place for their protection.

No adverse responses have been received by statutory consultees or members of the public to the application.

Recommendation

Based on the above report it is considered that the proposal accords with local and national policies noted within this document. Subject to the inclusion of the planning conditions noted below that are considered to be necessary, fulfil a planning purpose and fairly and reasonably relate to the development it is recommended that planning permission is granted.

Conditions

1. The development to which this permission relates shall begin no later than the expiration of five years beginning with the date of this permission.

Reason: To comply with the requirements of the Town and Country Planning Acts

2. Unless otherwise required by planning condition or agreed in writing by the local planning authority the development shall be carried out in accordance with the drawings, plans and details validated on the 28/09/2015.

Reason: To secure the proper development of the site and to comply with the requirements of the Town and Country Planning Acts

3. Prior to the installation of any external lighting, a lighting scheme shall be submitted in writing for the written approval of the Local Planning Authority. The approved Lighting Scheme shall be installed and implemented as approved and maintained throughout the life of the development.

Reason: For the avoidance of doubt, to ensure that lighting is designed to an acceptable level in which reduces light pollution from the site, in the interests of residential amenity and nature conservation.

4. Noise from the operation of the facility approved shall not exceed the background noise levels by more than 5dB(A) at the nearest noise sensitive properties as identified by the applicant and agreed in writing with the Local Planning Authority.

Reason: To protect the amenities of local residents and occupiers of adjacent land.

5. All waste shall be delivered to the site in suitably enclosed vessels/containers/trailers and no delivery vehicles shall be permitted to leave the site unless the vessels/containers/trailers are suitably enclosed.

Reason: For the avoidance of doubt, in the interests of local amenity and to ensure that no waste or fugitive odour is released and/or emitted during transportation.

6. All vehicles and machinery operated within the site shall be maintained in accordance with the manufacturer's specification at all times, and shall be fitted with and use effective silencers. Vehicles when reversing will not emit

warning noise that would have an adverse impact on residential or rural amenity.

Reason: To ensure minimum disturbance from operations and to minimise the adverse impact of noise generated by the operations on the local community.

7. Prior to the commissioning of the facility, an Operational Environmental Management Plan shall be submitted in writing to the Local Planning Authority for written approval and shall be implemented as approved thereof. The approved plan/scheme shall include a monitoring/mitigation and management plan for dust, fugitive litter and pest control.

Reason: For the avoidance of doubt, to ensure that impacts of the facility is mitigated and maintained to an acceptable level in the interests of residential amenity and nature conservation.

8. Unless otherwise agreed in writing with the Local Planning Authority the hours of operation for the approved facility shall be restricted to:-

- 07:00 - 18:00 hours on Mondays to Saturdays - 07:00 – 18:00 hours on Bank and Public Holidays

Notwithstanding the above no operation shall take place on Sundays and Christmas Bank Holidays.

Reason: For the avoidance of doubt and to protect the amenities of local residents.

9. Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least 110% of the volume of the tank's capacity. The drainage system of the bund shall be sealed with no disharge to any watercourse, land or underground strata

Reason: To prevent pollution of the water environment

10. Prior to the commencement of construction, the following components of a scheme to deal with the risks associated with contamination of the site, shall be submitted for the written approval of the Local Planning Authority:

a) A preliminary risk assessment, which has identified,

• All previous uses, • Potential contaminants associated with those uses, • A conceptual model of the site indicating sources, pathways and receptors, • Potentially unacceptable risks.

b) A site investigation scheme based upon a) to provide information for as detailed assessment of the risk to all receptors that may be affected, including those off site. c) The site investigation results and the detailed risk assessment and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. d) A verification plan providing details of the data that will be collected to demonstrate that the works set out in c) are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components will require the written approval of the Local Planning Authority. The scheme shall be implemented as approved for the life of the development.

Reason: The site is in an area of potentially contaminative past uses. To protect the water environment and human health and in the interests of wildlife conservation.

11. Prior to the commencement of construction, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted for the written approval of the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long term monitoring and maintenance plan") for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority.

Reason: The site is in an area of potentially contaminative past uses. To protect the water environment and human health and in the interests of wildlife conservation.

12. If during construction and/or operation of the site, contamination not previously identified is found to be present at the site; then no further development shall be carried out in that area of the site until the developer has submitted, and obtained written approval from the Local Planning Authority for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: The site is in an area of potentially contaminative past uses. To protect the water environment and human health and in the interests of wildlife conservation.

13. The development hereby permitted shall be carried out in accordance with the mitigation measures set out in relation to bats and nesting birds and the pollution prevention plan as detailed within the submitted Ecological Report Ref: H2333902 validated by the authority on the 28/09/2015.

REASON: In the interests of biodiversity and nature conservation.

Notes

Wales & West Utilities The developer should contact Wales & West Utilities prior to works commencing in relation to general conditions to be observed for the protection of apparatus and the prevention of distruption to gas supplies. We refer you to the Notes and Informatives requested by Wales & West Utilitiesl in their letter dated 13/10/2015 Ref: 8150050042 including Safe Working Practice Notes attached to this decision.]

Natural Resources Wales The developer is advised to contact Natural Resources Wales prior to works commencing. We refer you to the Notes and Informatives submitted by Natural Resources Wales in their letter dated 26/10/2015 Ref: CAS-11444-R9K2 attached to this decision.

Powys County Council Ecology YGS We refer you to the Supplemenatary notes within the Ecological response of the 30/10/2015 attached to this decision.

Powys County Council Contaminated Land, Environmental Health Department We refer you to the supplementary notes within the Contaminated Land response of the 30/10/2015 Ref: WK/201517772 attached to this decision.

______Case Officer: Robin Wynne Williams- Minerals And Waste Planning Officer Tel: 01286 679833 E-mail:[email protected]