Agenda Item 5.4

Regulatory and Other Committee

Open Report on behalf of Richard Wills Executive Director for Communities

Report to: Planning and Regulation Committee

Date: 7 October 2013

Subject: County Matter Application – (E)S94/0700/13

Summary: Retrospective planning permission is sought by Waste Recycling Group to retain and regularise the existing household waste recycling centre at Landfill Site, Road, Kirkby on Bain, , LN10 6YN.

Recommendation: It is recommended that conditional planning permission be granted.

Background

1. The existing Household Waste Recycling Centre (HWRC) at Kirkby on Bain landfill site historically acted as an informal facility which allowed the public to bring wastes to the site without having to venture onto the landfill site itself. The HWRC was initially a temporary facility consisting of an open concrete pad which was associated with the wider landfill planning permission. In 2006, the HWRC was re-developed and upgraded to a more formal site with improved infrastructure and waste collection points/areas. Following an audit of the planning permissions and history of the landfill site it has been identified, however, that no planning permission for the original or upgraded HWRC site was ever granted and therefore a planning application has now been submitted to regularise this situation and which seeks permission to retain the HWRC at the site.

The Application

2. Retrospective planning permission is sought by Waste Recycling Group to regularise the existing Household Waste Recycling Centre (HWRC) at Kirkby on Bain Landfill Site, Tattershall Road, Kirkby on Bain, Woodhall Spa, LN10 6YN.

3. The HWRC handles around 5,000 tonnes of non-hazardous and hazardous waste materials per year which are brought to the site from members of the public. These materials are segregated and separately stored on site in

Page 211 dedicated zones/areas and/or skips prior to them being transferred off site for recycling and re-use by facilities elsewhere. Any non-recyclable wastes are currently transferred to the adjoining landfill site for disposal.

4. The HWRC is sited along the southern edge of the existing and operational landfill site and covers an area of approximately 2,500.sq.m. The facility is separated from the operational areas of the landfill site by a steel palisade perimeter fence and the site itself comprises of an area of hardstanding that is split into two levels and has a centralised overhead canopy (approx. 4m at its highest point). The upper level of the HWRC site provides an area for the movement of the public, cars and light vehicles bringing materials to the site as well as small bins for the separate storage of materials such as glass, metals, textiles, chemicals and electronics. Access to the top of the larger waste collection skips is also gained from this level. The lower level of the HWRC is not accessible to the public and is used for the storage of skips that are being used for the separate collection and storage of wastes and for skips not currently in use.

5. At present the HWRC is only open to the public between 09:00 and 16:00 hours Fridays, Saturdays, Sundays and Mondays (excluding Christmas Day, Boxing Day and New Year's Day). However, to maintain flexibility and to enable the site to meet any increase in public demand in the future, the application proposes that the site be allowed to open/operate seven days a week (including Bank Holidays) between 08:00 and 18:00 hours. During these hours (and at peak periods) the application states that the traffic associated with the site can be approx. 400 cars per day (800 movements) and three to four HGVs (six to eight movements) associated with the collection of wastes/transport off site. Outside of these hours, there can be approx. an additional 5 HGVs (10 movements) associated with the collection of wastes/transport off site.

Site and Surroundings

6. Kirkby on Bain landfill site lies approximately 2.5km north of the village of and 1km south west of the village of Kirkby on Bain. The HWRC site is positioned centrally along the southern edge of the landfill site, adjacent to the gas engines and leachate treatment facility that serve the landfill site. To the north, west and east lies the landfill site whose landform and existing vegetation help to screen views of the HWRC from outside of the site. To the south lies the shared access road which serves the HWRC and landfill site, beyond which lies a mature belt of trees/shrubs and former sand and gravel workings which also restrict views from this direction.

7. Access to the HWRC is via an existing tarmacadam access road which is shared by with the neighbouring landfill site. Entrance to the site is gained via Tattershall Road (to the east) and this entrance is considered to be of a suitable size and design to enable its use by both cars and HGVs.

Page 212 Main Planning Considerations

National Guidance

8. National Planning Policy Framework (NPPF) (March 2012) sets out the Government’s planning policies for and is a material planning consideration in the determination of planning applications. The NPPF does not contain specific waste policies as these will be published as part of the National Waste Management Plan for England. In the interim, national waste planning policy continues to be set out in Planning Policy Statement 10 ‘Planning for Sustainable Waste Management’ and decisions on waste applications should have regard to policies in the NPPF so far as they are relevant.

The main policies/statements set out in the NPPF which are relevant to this proposal are as follows (summarised):

Paragraph 109 - The planning system should contribute to and enhance the local environment by:

x protecting and enhancing valued landscapes, geological conservation interests and soils; x preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil, air, water or noise pollution or land instability.

Paragraph 120 - To prevent unacceptable risks from pollution and land stability, planning policies and decisions should ensure that new development is appropriate for its location. The effects (including cumulative effects) of pollution on health, the natural environment or general amenity, and the potential sensitivity of the areas or proposed development to adverse effects from pollution, should be taken into account.

Paragraph 122 - Local planning authorities should focus on whether the development itself is an acceptable use of land, and the impact of the use, rather than the control of processes or emissions themselves where they are subject to approval under pollution control regimes. Local planning authorities should assume that these regimes will operate effectively.

Paragraph 123 – Planning policies and decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as result of new development; mitigate and reduce to a minimum other adverse impacts on health and quality of life arising from noise from new development, including through the use of conditions, and; identify and protect areas of tranquillity which have remained relatively undisturbed by noise and are prized for their recreational and amenity value.

Paragraphs 186 and 187 – Local planning authorities should approach decision-taking in a positive way to foster the delivery of sustainable development and should look for solutions rather than problems, and

Page 213 decision-takers at every level should seek to approve applications for sustainable development where possible. Local planning authorities should work proactively with applicant to secure developments that improve the economic, social and environmental conditions in the area.

Paragraph 215 - states that 12 months after the publication of the NPPF (March 2012) due weight should be given to relevant policies in existing plans according to their degree of consistency with the framework (the closer the policies in the plan to the policies in the framework the greater the weight that may be given). This is of relevance to the Waste Local Plan (2006) and Local Plan Alteration (1999). The policies in these plans which are relevant to this application and confirmed as being in conformity with the NPPF are set out below.

Planning Policy Statement 10 (PPS10) “Planning for Sustainable Waste Management” remains in force despite the recent introduction of the NPPF (above). PPS10 reiterates the principles of sustainable waste management and the waste hierarchy and states that in considering planning applications for new or enhanced waste management facilities, waste planning authorities should consider the likely impact of the development on the local environment and amenity.

Annex E of PPS10 sets out the locational criteria which must be considered in relation to the suitability of proposed sites. Of particular relevance to this application are the issues relating to protection of water resources, land instability, visual intrusion, traffic and access, air emissions (including dust), odours, vermin and birds, noise and vibration, litter and potential land-use conflict.

Local Plan Context

9. Lincolnshire Waste Local Plan (2006) the following policies are of particular relevance to this application:

Policy WLP1 (Objective of the Plan) states that waste management proposals shall be considered in relation to their contribution towards the waste management hierarchy and assessed in terms of their accordance with the proximity principle, regional self-sufficiency, waste planning policies and their compatibility with neighbouring land uses and any environmental implications of the development on its setting.

Policy WLP2 (Household Waste Recycling Centres) identifies specific sites which, at the time the Waste Local Plan was adopted, were identified as potential suitable locations for the development of new household waste recycling centres during the plan period. WLP2 states that planning permission will be granted for the development of such facilities where they satisfy the criteria set out in Policy WLP21, on the following sites:

Page 214 x Land off Gallamore Lane, ; x Land at Summergangs Lane, Gainsborough; x Land at Corringham Road Industrial Estate, Gainsborough; x Land east of Uffington Road, Stamford; x Land off Bolingbroke Road, Louth; x Deepings – Former landfill site, Stowage Road/B1166.

Policy WLP21 (Environmental Considerations) states that planning permission for waste management facilities will be granted where a number of environmental considerations are met. Of particular relevance to this application are:

(v) Drainage, Flood Protection and Water Resources – supports proposals which would not adversely affect local land drainage systems, groundwater resources or be at an unacceptable risk of flooding or create an unacceptable risk of flooding elsewhere.

(xi) Dust, Odour, etc – supports proposals where they would not have an adverse impact on local amenity including air quality and/or other landuses as a result of traffic movements, visual impact, noise, dust, odour, litter and emissions, etc.

(xii) Transport System – supports proposals where there is sufficient capacity on the local or wider road network to accommodate traffic associated with the development and/or results in improvements or alternative modes of transport that can be implemented and/or would not have an adverse effect on road safety.

(xvii) Recovery of Materials – supports proposals where they contribute to the potential recovery of materials and energy via recycling, energy recovery and composting in reducing the amount of waste for final disposal.

The East Lindsey Local Plan Alteration (1999) (ELLP) forms part of the Development Plan and therefore, as confirmed by the NPPF, due weight should be given to relevant policies within the Plan according to their degree of consistency with the policies of the NPPF. The following policies are considered to be generally consistent with the NPPF and of relevance to this proposal:

Policy A3 (Local Areas and Settlement Hierarchy) lists a hierarchy of settlements and aims to concentrate major growth and development proposals towards the towns and major villages and then the smaller villages. Development outside of allocated sites and main towns and villages will be permitted (subject to other policies in the Plan and any other material considerations), provided its location, character, function, scale, design and operation are all consistent with the role, status and character of the settlement.

Page 215 Policy A4 (Protection of General Amenities) states that development, which unacceptably harms the general amenities of people living or working nearby, will not be permitted.

Policy A5 (Quality and Design of Development) seeks to ensure that all development proposals including their layout, density, scale, appearance or choice of materials do not detract from the distinctive character of the locality; retains or incorporates features or characteristics which are important to the quality of the local environment, and; where necessary, include landscaping schemes appropriate to its setting.

Policy ENV3 (Foul and Surface Water Disposal) states that development will be permitted where it can be shown that foul sewers, sewage treatment and surface water drainage of adequate capacity and design are available or that these can be provided in time to serve the development. Small scale development served by alternative means of sewage treatment and surface water disposal will be permitted where ground conditions are satisfactory and the plot is of sufficient size to provide an adequate subsoil drainage system.

Results of Consultation and Publicity

10. (a) Local County Council Member, Councillor D Hoyes MBE - who is also a member of the Planning and Regulation Committee, has been notified of the application but reserves his position until the meeting of the Committee.

(b) Kirkby Parish Council – were consulted on 16 April 2013 but no response/comments had been received at the time of writing this report.

(c) Tattershall with Thorpe Parish Council – support the application.

(d) Tumby Parish Council – were consulted on 16 April 2013 but no response/comments had been received at the time of writing this report.

(e) Environment Agency – have commented that the site/facility benefits from an Environmental Permit and there have been no issues regarding the site since it was first developed.

(f) Witham Third Internal Drainage Board – no observations to make on the development.

(g) Highways (Lincolnshire County Council) – no objection.

(h) Anglian Water Services Ltd – no comments to make on the development.

Page 216 11. The application has been publicised by notices posted at the site and in the local press ( News on 24 April 2013) and letters of notification were sent to the nearest neighbouring residents to the site. No representations have been received as a result of this publicity/notification.

District Council’s Recommendations

12. East Lindsey District Council do not wish to raise an objection.

Conclusions

Waste Policy Context and Locational Considerations

13. The HWRC provides a facility for the local community/public to bring and recycle bulky household wastes which are not capable of being disposed of via their normal household waste collection service. The HWRC allows a wider range of wastes and materials to be collected and deposited at the site which not only helps maximise the amount and range of wastes that are capable of being recovered for recycling and reuse elsewhere but which also contributes towards reducing the volumes of wastes that would otherwise be disposed of via landfill. Therefore whilst the HWRC itself does not directly process, recycle or reuse wastes it does nevertheless contribute towards achieving the objectives of PPS10 and Waste Local Plan Policies WLP1 and WLP21(xvii) by providing a means to assist in the recovery and recycling of wastes thereby moving the management of these wastes up the waste hierarchy.

14. In terms of location, the HWRC lies within the open countryside and is not therefore within one of the preferred locations or settlements advocated by ELLP Policy A3 or one of the sites allocated for such facilities identified by WLP Policy WLP2. The HWRC itself has existed at the site for a number of years and has grown from a fairly informal arrangement to a much more formalised facility following its redevelopment in 2006. The existence of the HWRC even appears to have been recognised and taken into account when the Waste Local Plan was prepared thus why the need for a new HWRC in this locality was not deemed necessary or a site for such a facility proposed by WLP Policy WLP2. The existing HWRC at Kirkby serves a number of villages in the area and the decision to redevelop and upgrade this site in 2006 in part reflects the important role this facility plays in meeting the needs and demands of these surrounding local communities. Consequently, if the HWRC were to close and be removed then due to the lack of any suitable alternative facilities in the area people would have to travel much further to dispose of their wastes. Therefore its retention and continued operation would ensure that needs and demands of the local community continue to be met.

15. Consequently, taking into account the above, whilst the HWRC is located in the open countryside, given its position within the site and its close proximity to the communities that it serves, the retention of the HWRC in this location is considered acceptable and appropriate and does not significantly conflict

Page 217 with the wider objectives of ELLP Policy A3 and WLP Policy WLP2 and accords with the locational criteria set out in WLP Policy WLP1.

Landscape & Visual Impact

16. In respect of landscape and visual impacts, whilst the HWRC is within the open countryside it is positioned along the southern edge of the existing and operational landfill site and is set back from the sites main frontage onto Tattershall Road. The HWRC site is shielded from the north and west by the landform of the landfill site and there is a belt of mature tree and shrub planting which help to screen the development from the south and from views elsewhere outside of the site. Given its position within the site and the surrounding boundary treatments its physical impact on the visual appearance and character of the open countryside and local landscape is therefore limited. Consequently, the HWRC is considered to have a negligible visual impact outside of the site and thus does not have a detrimental impact on local amenity or the character of the surrounding area in this respect and therefore accords with WLP Policy WLP21(xi) and ELLP Policy A5.

Noise

17. In terms of noise, the majority of noise arising from the operation of the HWRC is largely associated with the movement of vehicles on site (both private car and HGVs associated with the delivery and collection of wastes); the loading and unloading of skips; the deposit of wastes into skips/bins, and; operation of hydraulic compactors associated with the skips/containers. Although the HWRC does therefore give rise to and contribute towards noise in the area, given the existing and surrounding land-uses (i.e. quarrying and landfill operations) as well as its location within the site and distance from any noise sensitive properties, it's your Officers view that noise arising from this development is not significant nor having a detrimental impact on the surrounding environment. This view is supported by the fact that there have been no complaints regarding noise since the HWRC has been in operation, however, should complaints be received the applicant has stated that these would be logged and investigated and (where necessary) action taken to address or mitigate any issues that may be identified. As a result, on balance, it is considered that the continued operation of the HWRC would not have an adverse impact in respect of noise on the surrounding area or nearby local residents and therefore accords with ELLP Policy A4 and WLP Policy WLP21(xi).

Litter, Odour & Dust Control

18. The majority of the wastes accepted at the site are not conducive of the types that give rise to dust or odours, however, those that are (e.g. soils, dry greenwastes) are stored mostly in sealed skips or containers. In order to minimise any odours, skips are rotated and emptied once they reach their capacity, however, should any odour problems be identified then the offending skips are removed and cleaned before returning to site.

Page 218 19. In order to minimise dust and litter problems, during high winds or similar adverse weather conditions skips that contain potentially dusty materials or loose materials are sheeted or covered and the sites surface is kept clean and any loose waste collected by site operatives. In the event that excessive amounts of dust are generated a road sweeper would be employed on site too.

20. Finally, as wastes are stored in sealed skips and containers, pests and vermin are not considered to be a problem, however, to prevent any infestation the site is regularly inspected and if necessary baiting traps employed. The applicant states that there have been no complaints about litter, pests, dusts or odours since the HWRC has been operational and in reflection of this it is accepted that adequate measures are in place to ensure that the development does not have an adverse impact on the surrounding area or lead to unacceptable nuisance and therefore accord with ELLP Policy A4 and WLP Policy WLP21(xi).

Highways & Access

21. Access to the site is gained via the existing shared entrance onto Tattershall Road. Given its use by HGVs associated with the landfill site, this entrance is of a suitable standard and design for use by large vehicles and the long length of the access road between Tattershall Road and the HWRC helps prevent any problems of congestion on the public highway as a result of queuing vehicles waiting to access the site during peak periods. Although the number of vehicle movements associated with this development are significant, the majority of these movements are from private cars and the number and frequency of these vehicles can therefore vary significantly throughout the year. Despite the movements cited, however, no objections have been raised by the Highways Officer and therefore the development is not considered to have an adverse impact on the function or safety of the highway network and therefore accords with ELLP Policy A4 and ELLP Policy WLP21.

Drainage and Flood Risk

22. The proposal site lies within Flood Zone 1 which is the preferred location for the siting of new development as it is considered to be of the lowest risk and probability of flooding from main rivers or the sea. Waste management facilities (including those which handle hazardous wastes) are classified by the NPPF Technical Guidance (Table 2) as being a ‘more vulnerable’ use of land in terms of their flood risk vulnerability and the NPPF Technical Guidance acknowledges that the siting of such uses/developments within Flood Zone 1 is appropriate so long as the development would not generate or exacerbate the risks of flooding within the site or elsewhere.

23. In this case, the site is largely comprised of an impermeable concrete pad and surface waters from the site are therefore managed so as to minimise any potential flood and pollution risks. For the lower level of the site, this includes directing surface waters via channels and gullies to a sealed

Page 219 storage tank where waters are collected and retained. Prior to this tank reaching capacity it is emptied with waters be tinkered off site for treatment at a suitably licenced facility. For the upper level of the site, surface waters are directed via channels and gullies towards the landfill sites leachate lagoons where the waters are then held and treated in the same way as the leachate arising from the landfill operations. This includes the use and disposal of the waters to feed coppice that has been planted on the restored areas of the site.

24. No objections have been raised from the Environment Agency or IDB and therefore taking into account the location of the development and the above drainage measures, the risk of pollution any impacts in terms of flooding both on and off the site are considered to be low and therefore the development accords with the objectives of the NPPF, ELLP Policy ENV3 and Policy WLP21(v) of the Waste Local Plan.

Final Conclusions

25. Whilst the HWRC is located in the open countryside, taking into account its association with an existing and operational landfill site, its position and limited visual, environmental and amenity impacts on the surrounding area and given its close proximity to the communities that it serves, the retention of the HWRC in this location is considered acceptable and appropriate and does not significantly conflict with the wider objectives of ELLP Policy A3 and WLP Policy WLP2 and accords with the principles of the National Planning Policy Framework, Planning Policy Statement 10 and WLP Policies WLP1 and WLP21 and ELLP Policies A4, A5 and ENV3.

RECOMMENDATIONS

That planning permission be granted subject to the following conditions:

1. The development hereby permitted shall only be carried out in accordance with the following documents and plans, unless modified by the conditions attached to this planning permission or details subsequently approved pursuant to those conditions.

x Planning Application Form, Design and Access Statement and Supporting Statement (date stamped received 30 August 2013) and Supplementary Statement (date stamped received 15 April 2013) x Drawing No.713A115 – Site Plan x Drawing No.CE/KOB/02 – General Site Layout x Drawing No.CE/KOB/03 – Site Drainage Layout.

2. The permitted hours of opening are as follows:

08:00 to 18:00 hours Monday to Sunday including Bank and Public Holidays but excluding Christmas Day and Boxing Day.

Page 220 3. At such time that the facility hereby permitted is no longer required or is closed to members of the public and no wastes are accepted at the facility for a period exceeding 12 months or not later than six months from the date that the Waste Planning Authority has served written notification that the development and use hereby permitted shall permanently cease, a scheme and programme for the restoration of the site shall be submitted for the written approval of the Waste Planning Authority. The scheme shall make provision for the removal of the concrete base and all above ground structures and ancillary equipment and include details of the final levels, depth and materials to be used to restore the surface of the site, a programme and timetable for completion of those works and details for the intended after-use and five year aftercare and management proposals for the site. All restoration works shall be carried out in accordance with the approved scheme and timescales set out therein.

Reasons

1. To ensure the development is implemented in all respects in accordance with the approved details.

2. In the interests of general amenity of the area.

3. T o secure the proper restoration of the site should the use hereby permitted cease or no longer be required.

Appendix

These are listed below and attached at the back of the report

Appendix A Committee Plan

Page 221 Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed

Planning Application File Lincolnshire County Council, Planning, Witham Park (E)S94/0700/13 House, Waterside South, Lincoln

National Guidance Communities and Local Government website National Planning Policy www.communities.gov.uk Framework (2012) Planning Policy Statement 10 – Planning for Sustainable Waste Management

Lincolnshire Waste Local Lincolnshire County Council website Plan (2006) www.lincolnshire.gov.uk

East Lindsey Local Plan East Lindsey District Council website Alteration (1999) www.e-lindsey.gov.uk

This report was written by Marc Willis, who can be contacted on 01522 782070 or [email protected]

Page 222 LINCOLNSHIRE COUNTY COUNCIL Appendix A PLANNING

Site of Application

Site of Application

PublicPublic

LANDFILLLANDFILLLANDFILLLANDFILLLANDFILLLANDFILLLANDFILL SITE SITE SITE SITE SITESITESITE FootpathFootpath LANDFILLLANDFILLLANDFILLLANDFILLLANDFILLLANDFILLLANDFILL SITE SITE SITE SITE SITESITESITE

Prevailing Wind Direction from the south-west Ò

Site of Application

LINCOLNSHIRE COUNTY COUNCIL Reproduced from the 1996 Os Mapping with the permission of the Controller of Her Majesty's Stationery Office (C) Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to civil proceedings. OS LICENCE 1000025370

Location: Description: Kirkby on Bain Landfill Site To retain and regularise the existing household Tattershall Road waste recycling centre at Kirkby on Bain Landfill Kirkby on Bain Site Application No: (E)S94/0700/13(E)S94/0700/13 Scale: 1:10000 PlanningPage and 223Regulation Committee 7 October 2013 This page is intentionally left blank

Page 224