Agenda Item No: 7a DEVELOPMENT CONTROL COMMITTEE 5 FEBRUARY 2013 REPORT BY ASSISTANT DIRECTOR ENVIRONMENT AND PLANNING Subject: Change of use to a recycling facility to manage waste electrical and electronic equipment, ELVs, cardboard, plastics and tyres at Earlstrees Road, Earlstrees Industrial Estate, Corby NN17 4AZ Applicant: WEEE Environmental GB Ltd Recommendations: That the application be granted planning permission subject to the conditions in Appendix A. 1. Purpose of Report 1.1 The purpose of this report is to provide the Committee with professional planning advice on ay issues, Development Plan Policies and other material considerations relevant to the determination of a planning application. 2. Relevant Priority Outcomes The content of this report supports the delivery of the following corporate outcomes: Perspective Outcome Customers - to achieve our A cleaner, greener and more prosperous county vision, what will our customers see? 3. Background 3.1 The application site is a large plot of vacant industrial land covering a total area of 2.2 hectares and is located within the established Earlstrees Industrial Estate on the northern outskirts of Corby. The application site is situated to the south side of Earlstrees Road and is bordered by Weetabix to the east, Ceva Logistics to the west, and residential properties on Hubble Road to the south. Avon Cosmetics and another Weetabix building occupy sites to the north on the opposite side of Earlstrees Road. 3.2 The site currently has planning permission to operate as a B8 (storage/distribution) use and was last used as a car storage facility, although the site is currently vacant. Most of the site comprises hardstanding, and there are two existing buildings located to the north and east comprising a total of 1,858 square metres. Access is from Earlstrees Road. 3.3 The applicant, WEEE Environmental GB Ltd, currently operates a recycling facility for Waste Electrical and Electronic Equipment (WEEEE) at premises in Mill Road, Wellingborough (and has done for the last three years). Planning permission has recently been gained on the site to recycle End of Life Vehicles (ELV’s) but has not yet been implemented. The applicant is looking to relocate operations from Wellingborough to the application site in order to gain a secure tenancy to expand its current operations into other recycling ventures. 4. Proposal 4.1 The applicant, WEEE Environmental GB Ltd, is seeking planning permission for the change of use of land to: Manage a recycling operation – principally a WEEE (waste electrical and electronic equipment) and ELV (end of life vehicles) depolluting facility. Store, sort and recycle plastics, paper and tyres, cardboard and other packaging waste. Sort batteries for treatment at other suitably licensed facilities. 4.2 It is intended that the site will deal with waste from the commercial sector and handle up to 25,000 tonnes of waste per year. The site would not accept domestic, liquid or food waste, and the processes would not involve any chemical or heat treatment. All waste delivered to the site will be directed to the appropriate area for storage (as shown on Drawing Earls 44) prior to being sorted and/or processed depending on the type of waste. ELV’s (pre and post de-pollution) and commercial refrigeration will be stored outside and all other wastes including products reclaimed from de-polluted vehicles and other waste electrical equipment will be stored inside the buildings. The ELV and WEEE de-pollution operations will also be carried out inside the buildings. A mobile baler will be brought to the site once a week on average to bale the de-polluted ELV’s. 5. Consultation 5.1 An initial consultation on the original information submitted with the planning application was undertaken in October 2012. However, further assessment information was required by the WPA and also as a result of comments received during the consultation period. The applicant submitted the following additional information: Updated Planning Statement; Noise Impact Assessment; External Lighting Report and Plan; Fire Scheme; Security Scheme; and Revised Site Layout. Further consultation was undertaken on the additional information in December 2012. 5.2 The following is a summary of the responses received during consultation on this application. Full copies can be made available to the committee members on request. Corby Borough Council (CBC) 5.3 No objection subject to noise issues being fully addressed prior to permission being issued and conditions being imposed relating to hours of operation, lighting, visual impact and contamination. Also requested that consideration be given to whether removal of ‘Permitted Development’ rights to extend the buildings would be reasonable in this case given the relationship between the site and residential properties on Hubble Road. 5.4 In response to the re-consultation, notably the Noise Impact Assessment, CBC’s Environmental Protection Officer (EPO) requested further information in light of insufficient data to confirm the suitability of the suggested noise mitigation controls. Further information was submitted and the EPO has stated that although this department does not consider the site as ideal for a waste operation, directly backing onto residential properties, in light of lighting and noise reports propose the following conditions to safeguard and reflect the comments: 1 The overall night time operations will not increase the background noise levels over the night time period. 2. The overall light environment when the site is in use after dark will not be increased at the residential buildings Environment Agency (EA) 5.5 No objection to the proposed development but advises that Anglian Water should confirm that they are satisfied that all surface water is able to be discharged via the surface water sewer. The EA made several informative comments for the applicant’s attention regarding taking reasonable precautions to mitigate against potential noise and dust from the proposed development on nearby receptors and the Environmental Permit application process. This information is included as informatives to the recommended planning conditions. Highway Authority 5.6 Commented initially that the applicant had failed to demonstrate or give adequate information in order for a full assessment to be given and therefore, in its initial form the proposals were unacceptable to the Highway Authority for highway safety reasons. 5.7 Following the submission of revised information, the Highway Authority has no objection in principle to the proposed development subject to a condition being imposed requiring the applicant to ensure that sufficient turning and manoeuvrability and adequate on site parking will be maintained within the development site. 5.8 Having considered the additional documents, the Highway Authority notes the revised site layout identifies vehicle turning and the ELV parking area being some 50m in length to address previous observations. The Highway Authority has no objection in principle to the proposal on highway related issues, although on site parking and turning manoeuvrability shall be retained for its long term use. 5.9 Additional comments from Terry 7/1/2013 Following the applicants proposals to install acoustic barriers inside the site the Highway Authority has asked for further information in the form of swept path analysis for HGV’s to demonstrate that the barriers will not interfere with the free flow of HGV’s in and out of the site in a forward gear. An oral update on this matter will be provided. Crime Prevention Design Advisor (CPDA) 5.10 Following a site visit accompanied by the applicant, the CPDA reported that Northamptonshire Police had no formal objections to the planning application. At the site visit the CPDA made recommendations with regards any upgrade to the existing intruder alarm and CCTV that would enhance the systems. The CPDA also inspected the perimeter security of the site from the western end of Hubble Road and does not feel that the site or business has any particular risk in terms of security/crime or anti social behaviour and the proposed measures are considered risk commensurate. The CPDA also discussed the proposal with two members of the police Safer Community Team which cover the area. The two officers are also of the opinion that the business will not be detrimental to the area. The Northamptonshire Police Community Safety Department would visit the site to provide more specific crime prevention advice in terms of utilising the CCTV and intruder alarm system to their best advantage if the application is approved. 5.11 Following the submission of a Security Scheme, the CPDA has no outstanding concerns regarding the security of the site taking into consideration the vulnerability of goods stored and the proposed level of crime prevention measures taken. Northamptonshire Fire and Rescue Service (FRS) 5.12 No adverse comments. No objection to the site as whilst vacant the Fire Safety Order (FSO) 2005 does not apply. Should the company put into place the items mentioned in the Fire Scheme and address the issues raised it is likely they will comply with the FSO when occupied. As and when the company occupies the site it will fall into the FRS risk based inspection programme and would be subject to an inspection. Anglian Water (AW) 5.13 There are no assets owned by AW or those subject to an adoption agreement within the development site boundary. AW commented on wastewater services as follows: The foul drainage from this development is in the catchment of Corby STW that at present has available capacity for these flows. The sewerage system at present has available capacity for these flows. If the developer wishes to connect to AW’s sewerage network they should serve notice under Section 106 of the Water Industry Act 1991. The preferred method of surface water disposal would be to a sustainable drainage system (SUDS) with connection to sewer seen as the last option.