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Item C2 Retrospective Application for the Use of Land for Screening

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Item C2 Retrospective Application for the Use of Land for Screening DA/04/787 – Aggregate screening and crushing operation, F M Conway, Dartford Item C2 Retrospective application for the use of land for screening, crushing and processing of aggregates, construction and demolition waste and concrete together with open storage of these materials, F M Conway Works, Rochester Way, Dartford – DA/04/787 A report by Head of Planning Applications Unit to Planning Applications Committee on 22 nd March 2005. Application by F M Conway Limited to seek retrospective planning permission for the use of land for screening, crushing and processing of aggregates, construction and demolition waste and concrete together with open storage of these materials, Rochester Way, Dartford Recommendation: REFUSE Local Member: Mr B Wood Unrestricted 1. This is the second of two retrospective planning applications (DA/04/770 and DA/04/787) submitted by F M Conway Limited for waste management development on the FM Conway site off Rochester Way, Dartford. Members of the Planning Applications Committee visited the site on the 20 th September 2004 and again on 18 th January 2005. The visits also included viewing the site from the adjoining housing development and from the top of the earth bund between the site and the housing. Notes of the site visits are attached as Appendix 1. Site description and background 2. The site lies on a long established industrial estate within the Metropolitan Green Belt and whilst falling totally within the Dartford Borough Council area, is on the boundary with the London Borough of Bexley. Prior to the development taking place, the land formed part of F M Conway’s civil engineering yard. The neighbouring land-uses to the south and west are waste related and include the County Council’s civic amenity site. To the north lies a recently constructed housing development (Braeburn Park), which is separated from the industrial estate by an earth bund. This bund was constructed as part of the housing development. A section 106 legal agreement signed in October 2000 tied to the residential planning permission requires that this bund is planted and transferred to London Wildlife Trust for use as a nature conservation site. To date the planting has not been carried out. The nearest housing on the Braeburn Park estate is located some 100m from the Conway site boundary. The site extends to 1.14 ha. Details are shown on attached figures 1 and 2. 3. Land to the west of the site within Bexley forms part of the Old Orchard (The Gun Club) Site of Borough Importance for Nature Conservation. The extent of this site is currently being reviewed and consultations are to take place with a view to extending the area to include all the open land around the Braeburn Park housing. This would include the bund immediately adjacent to the application site. C2. 1 DA/04/787 – Aggregate screening and crushing operation, F M Conway, Dartford Figure 1 - Site Location C2. 2 DA/04/787 – Aggregate screening and crushing operation, F M Conway, Dartford Figure 2 – Site Layout C2. 3 DA/04/787 – Aggregate screening and crushing operation, F M Conway, Dartford 4. This application along with application DA/04/770 referred to above are both of a retrospective nature. The development appears to have taken place in advance of the necessary planning permission as a result of the history on the site. 5. The application on the site arises from investigation into complaints that were received about activities on the site. Investigation established that an aggregate crushing operation was on site. This has the benefit of a permit under the Environmental Protection Act from Dartford BC, but in my view does not have planning permission. F M Conway and its advisors disagree and consider that this use does not require planning permission as in its view the activity falls within the use class B2/B8 (industrial /storage) which it considers is already permitted on the site. 6. In an attempt to resolve the matter F M Conway Limited submitted this planning application for the aggregate crushing operation to Kent CC (DA/04/787) on a without prejudice basis. At the same time the Company submitted an application for a Certificate of Lawful Development (a CLUED) to Dartford BC. This latter application has been appealed against Dartford Borough Council’s failure to determine the application within the required timescale. A date for a public inquiry is awaited. In the meantime, a further CLUED application has been submitted to Dartford Borough Council and is currently being processed. Members should note that the Company needs either planning permission or a Certificate of Lawful Use to regularise the crushing activity and associated storage on the site. Retrospective Development 7. In accordance with Government advice on planning enforcement and the County Council’s own Enforcement Protocol, the County Council’s Regulation Committee agreed that an appropriate way to deal with this breach of planning control was to invite a retrospective planning application. This would enable any merits of the proposal to be considered. As Members are aware, retrospective applications are determined on the basis that the development had not been implemented. The Proposal 8. Application reference DA/04/787 seeks permission to stockpile construction and demolition waste, to screen and crush the material and to store it prior to its use as a feedstock to the aggregate washing plant (application DA/04/770). The site extends to 1.14ha and would have an average annual capacity of 170,000 tonnes. The application defines the site operation as: • ‘Importation of authorised waste and visual selection of waste suitable for re-use or recycling, with strict controls to eliminate contaminated materials. • Selection and storage of construction waste which are from a known source and have been put to a known use; • Loading of the combined crusher and screener by mechanical excavator • Separation of materials smaller than 14mm from the larger aggregate for separate storage and use as fines; • The production of aggregates after crushing of less than 75mm and the automatic return of oversized material to the crusher. The crusher is fully enclosed with dust guards/suppression over the vibrating feeder deck and screens to prevent dust generation; and • Transfer of sized aggregates from the crusher to either a stockpile or to the aggregate washing plant by wheeled loader.’ 9. The application is accompanied by a quality control protocol, which has been prepared by WRAP (Waste and Resources Action Programme) in conjunction with the Quarry C2. 4 DA/04/787 – Aggregate screening and crushing operation, F M Conway, Dartford Products Association and the Highways Agency. This sets out a formalised quality control procedure for the production of aggregates from recycled inert waste. The protocol would be adopted as part of the development. 10. Hours of working would be 0700 hours to 1800 hours Monday to Friday, excluding bank holidays and from 0700 hours to 1300 hours on Saturdays. Vehicles would have 24 access 7 days per week. The application is clear that waste management operations would not take place outside the stated hours. The application advises that the applicant has contracts that can require weekend and night- time working. These are however planned and except in emergencies (ie emergency road re-surfacing following an accident) the applicant advises that the work can be scheduled so that there is no requirement to load or unload outside the ‘normal’ hours. Access 11. Access would be via Rochester Way and then to the strategic road network – A2 and M25. Wheel washing facilities are proposed to prevent debris being deposited on the highway. The application forecasts the following daily traffic movements for the Conway site : Highway contracting 140 (LGV/HGV) Recycling highway waste arisings 130 Concrete mixing/supply 38 Cleansing operation 66 Stores 16 (various vehicles) Offices 290 (cars/vans) 580 total 12. The supporting information shows a typical daily traffic profile with 15% of traffic between 0700 and 0900 hours, 60% between 0900 and 1500 and 25% between 1500 to 1730 hours. The information draws attention to a reduction in the number of vehicles to the site as a result of the washing plant and that the use of recycled materials avoids some 50 vehicle movements a day. In conclusion, the applicant considers that the overall increase in traffic associated with the development is likely to be no more than 15-20 vehicle movements per day. 13. The application also advises that the proposals (DA/04/770 and this application) are an integrated waste management process that uses the most up to date technology that is available. The integrated process would ultimately enable F M Conway to recycle almost 100% of recovered materials arising from its highway engineering, construction and gully cleaning operations in London and North Kent. The applicant’s main markets are local authorities . It terms of construction and demolition arisings, the application identifies the source of waste as highway maintenance contracts from Dartford, Bexley, Bromley, Greenwich, Lewisham, Merton, Sutton and Southwark. In addition 27,000 tonnes (16% of the total capacity) is identified from ‘London Boroughs North of the River Thames’. Further details are shown in Appendix 2. 14. The proposal is accompanied by a BPEO Assessment and information to aid consideration of the very special circumstances test for development within the Green Belt, access, noise, dust, odour and visual impact. C2. 5 DA/04/787 – Aggregate screening and crushing operation, F M Conway, Dartford Mitigation Measures 15. A number of measures are included to mitigate the impact of the development. These relate to dust, odour, noise and visual impact. 16. The Dust and Odour Assessment submitted with the application related to both planning applications ( DA/04/770 and DA/04/787).
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