DEVELOPMENT CONTROL AND REGULATION COMMITTEE 23 February 2010 A Report by the Head of Environment _____________________________________________________________________ Application No 5/09/9011 District South Lakeland Applicant Mr Joe Howson Parish Whitwell & Selside North Gateside Farm Kendal Date of Receipt 16 December 2009 _____________________________________________________________________ PROPOSAL Change of Use of Barns from Commercial Storage Units to Waste Transfer Station for recycling and baling of cardboard, plastic and tin. Barns at North Gateside Farm, Selside, Kendal, Cumbria, LA8 9JX _____________________________________________________________________ RECOMMENDATION 1.1 That planning permission is granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2. 2.0 THE PROPOSAL 2.1 The site is a group of barns adjoining North Gateside Farm located at Selside north of Kendal accessed from the A6 by a recently widened and improved access. There are two barns, the first is sub divided into Barn A & B by an internal wall. The second barn is known as Barn C. A consent granted by South Lakeland District Council to allow change of use from agricultural use to commercial storage related to Barn A; B and the Western end of Barn C. The consent also included a new dedicated access suitable for commercial vehicles. 2.2 This application relates to the same barns and is an application for change of use from commercial storage to storage of pre-sorted cardboard, plastic and tins for bailing and transfer for recycling. 2.3 The layout utilises the new commercial access located on the other side of the barns away from residential properties. The original barn access is retained for domestic use accessing the farm and occasional access to the eastern end of Barn C. 2.4 The barns are typical modern farm building, consisting of metal framework, concrete panel walls topped with slatted timber cladding and pitched roof covering an area of approximately 1,000 square metres. The building is a flexible panel construction and it is proposed that an existing sliding door entrance would be swapped with an adjoining panel and transferred to a location further from the road to facilitate vehicle access. Internally an area for offices, mess room, toilet and storeroom is to be located at the end of the barn and two fire doors are to be created. 2.5 The proposal is to retain the existing barns for storage of the loose pre-sorted waste materials in bays which will then be bailed up ready to transfer. There is an extensive yard to allow turning for vehicles and parking for a limited number of vehicles. There is no outside storage or skips proposed. There is an existing landscape bund which visually screens the view of the barns and the yard from the A6 without compromising sight lines for vehicles. 3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 South Lakeland District Council has no objections. They granted consent for the change of use from agriculture to commercial storage and recommend that similar conditions relating to landscape, prevention of outside materials storage and use of access be applied to this application should consent be granted. 3.2 South Lakeland District Council Environmental Health requires that provisions for controlling noise from manoeuvring vehicles are put in place and that operational activities be restricted to 8.00-17.00 Monday to Friday and 8.00 to 13.00 on Saturday with no working on Sundays and Bank Holidays. 3.3 Whitwell & Selside Parish Meeting have been consulted but no reply had been received when this report was prepared. 3.4 Natural England accepts the findings of the bat survey and raises no objections with regard to protected species. They recommend that the three bat boxes be fixed to the barn as recommended in the specialist report in order to enhance the barn as a habitat for bats 3.5 Environment Agency has stated that the proposed activities are exempted within the Environmental Permitting Regulations 2007. The waste types of cardboard, plastic and tins must already be segregated in order to benefit from the exemption otherwise a permit would be required. 3.6 Lake District National Park have been consulted but no reply had been received when this report was prepared. 3.7 The Highway Authority has no objections to the improved new access being used for the proposed commercial use. They acknowledge that the proposed segregation of commercial from domestic traffic (which would continue to use the original access) reduces confusion and maintains highway safety onto the A6. 3.8 The local Member Mr SB Collins has been notified. 3.9 Two representations have been received from residents located south of the barns which are on the non operational side of the barns. Both representations consider that it is inappropriate to have a light industrial use in the countryside which may lead to expansion and that there are industrial parks more suited to the proposed use. They are concerned about the impact of commercial use on the boundary of the Lake District National Park and on views of the Kentmere Fells and the Howgills. One representation is concerned about noise and air pollution. 4.0 PLANNING ASSESSMENT 4.1 The proposed materials would be clean recyclable waste and it is not expected that there would be an odour or pollution problem. There is existing drainage installed in the yard and within the buildings which drains into an underground storage tank which was formerly linked to the circular slurry tank. The slurry tank is in the process of being dismantled for reuse on another farm and its removal will create further yard suitable for manoeuvring and turning. 4.2 It is proposed that approximately six delivery lorries will visit the site daily and there would be 5/6 cars also visiting the site. A dedicated area would be set aside for car parking at the far end of the yard. None of the operational parts of the yard, entrance to the barns or the car park is visible from the residences to the south as the barns screen the views. 4.3 Proposed operational hours would be 8.00 – 17.00 Monday to Friday and 8.00 – 13.00 Saturdays with no working on Sundays or Bank Holidays 4.4 Any noise will be set against existing traffic noise generated by A6 and should be compared against agricultural vehicles and delivery vehicles that would have previously serviced the barns. The development will give rise to some noise from vehicles and from operations on site, for example use of loading shovels and handling and baling cans. However, vehicular access to the barns would be on the side away from the nearest residential properties, which adjoins farmland and is contained by the landscape bund, and other activities would take place within the buildings themselves. Given control on hours, proximity to the road and containment of activities within the buildings I consider that noise should not unacceptable impact residential properties. 4.5 The landscape bund was established as part of the original consent and has been part planted. The bund restricts views to only the roof of the barns when seen from the north. When the landscaping has become established views will be completely screened. The application includes additional planting of native species to ensure containment of the development. Human Rights Act 1998 4.6 The proposal will have a limited impact on the visual, residential and environmental amenities of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community. Conclusion 4.7 The change of use to waste storage and transfer would be broadly similar in impact terms to the commercial storage use granted by South Lakeland District Council. The prevention of outside storage, controlled hours of working, the baling operation being carried out inside the building, measures to control noise and litter and the additional landscaping should ensure that residents’ amenities are safeguarded. I therefore recommend approval. Shaun Gorman Head of Environment Contact Miss Lesley Hulett, Kendal, tel: 01539 713114, email: [email protected] Background Papers Planning Application File Reference No. 5/09/9011 Electoral Division Identification Upper Kent ED - Mr SB Collins \\ccc-prdc-fp05\kendal\filing\planning\applications\south lakeland\2009\5099011 - Selside Waste Transfer Station\report 100223 dcr for Committee Appendix 1 Ref No. 5/09/9011 Development Control and Regulation Committee – 23 February 2010 TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED) SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION 1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies. 2 The key development plan policies taken into account by the County Council before granting permission were as follows: Cumbria Minerals and Waste Development Framework - Core Strategy and Generic Development Control Policies - April 2009 DEVELOPMENT CONTROL POLICIES DC 1 Traffic and Transport Proposals for minerals and waste developments should be located where they : a. are well related to the strategic route network as defined in the Local Transport Plan, and/or b. have potential for rail or sea transport and sustainable travel to work, and c. are located to minimise operational "minerals and waste road miles". Mineral developments that are not located as above may be permitted if: • they do not have unacceptable impacts on highway safety and fabric, the convenience of other road users and on community amenity, • where an appropriate standard of access and traffic routing can be provided, and appropriate mitigation measures for unavoidable impacts are provided.