Agenda No.

Agenda ItemNo

2

HERTFORDSHIRE COUNTY COUNCIL

DEVELOPMENT CONTROL COMMITTEE

TUESDAY 28 OCTOBER 2008 AT 10:00 AM

WELWYN HATFIELD BOROUGH

APPLICATION FOR CHANGE OF USE OF PART OF EXISTING SITE AND BUILDING FOR THE STORAGE, DISMANTLING AND DE-POLLUTION OF END OF LIFE VEHICLES (ELV) AT CHESTMINSTER LTD, BRIDGEFIELDS, WELWYN GARDEN CITY, HERTFORDSHIRE AL7 1RX

Report of the Director of Environment

Author: Felicity J. HartTel: 01992 556256

Local Member:Malcolm Cowan

Purpose of Report

1.1To consider planning application ref. 6/1549 -08 (CM0899) for the storage, dismantling and de-pollution of end of life vehicles (ELV) at Chestminster Ltd, Bridgefields, Welwyn Garden City, Herts.

2Summary

2.1This application seeks planning permission to change the use of part of the site and a building owned by Chestminster Ltd for use for the storage, dismantling and de-pollution of end of life vehicles (ELV)on land at Bridgefields, Welwyn Garden City, Herts AL7 1RX

2.2The applicant owns and operates a business on two adjoining pieces of land, used for warehousing, manufacture of metal racks and recycling of non-ferrous metals. The application site is currently used for the outside storage of metal racking. In addition there is a small building on the application site used as a warehouse.

2.3The proposal would involve end of life vehicles being brought to the site. They would be de-polluted in the existing building and then stored in the open on the site. It is proposed that they would not be stacked more than three high. They would then be baled in a baling machine to be located in the centre of the site before being taken away for recycling elsewhere.

2.4The main issues to be taken into account in determining this application are:

  • environmental impacts
  • traffic/highways

3.Conclusion

3.1The proposal seeks touse part of an existing industrial site for the processing of end of life vehicles. It is considered that the use would not be dissimilar to general industrial uses in its nature and therefore, in effect, it would not change the characteristics of the industrial estate. The proposal is not intended to lead to an increase in vehicle movements to and from the site as there would be a significant decrease in the amount of vehicles visiting the site as part of the existing haulage business. This established industrial use would be diversifying its industrial base into an area for which there is demand currently. As such more employment could be created and it is considered that the proposal would be acceptable.

3.2The report therefore concludes that the Director of Environment should be authorised to grant planning permissionsubject to conditions to include:

  1. hours of operation - 07.00am - 16.00 pm Monday to Friday with no operations on Sundays, or Public and Bank Holidays;

hours of operation of baling machine – 9.00 – 12.00pm Monday to Friday with no operation on weekends or Bank Holidays;

  1. HGV numbers limited to a daily maximum on weekdays and no movements of HGVs on Sundays or Bank Holidays;
  2. limit on quantity of cars stored on site at any one time;
  3. full details of all containers/tanks ( including their location on the site) to be used for the storage of components and fluids shall be submitted for approval;
  4. full details of specific areas designated for the storage of tyres shall be submitted for approval. Tyre stacks shall have a maximum height of 3 metres;
  5. details of proposed brick wall (including samples) to be submitted;
  6. stored cars shall only be within designated areas on plan and shall not be stored more than three high or two high if in a rack.

9existing portacabin shall be removed prior to commencement of development;

10.written permission of the WPA required for installation of any additional plant, equipment or buildings.

11.full details of any racking to be placed on the site whether for cars or parts shall be submitted for approval.

4Description of the site and proposed development

4.1This application seeks planning permission for change of use of part of an existing site operated by Chestminster Ltd, Bridgefields, Welwyn Garden City. The site currently comprises three elements; the northern part of the site contains a warehouse building with offices and the eastern portion of the site contains a building used for the manufacturing of metal racking and recycling of non-ferrous metals as well as a warehouse and car park. The remaining portion of land in the ownership of the applicant comprises the application site which is situated at the end of the cul-de-sac known as Bridgefields and between the other two parcels of land. It is used for the outside storage of metal racking. There is also a small building on the site which is used as a warehouse.

4.2This application site comprises 0.26 hectares and is covered with concrete hardstanding. The southern boundary of the site comprises a 2.4m high palisade fence with vegetation/shrubs situated in the site to the south. The land to the south of the application site contains gas holders. To the south west of the application site is a large industrial building and to the west a Post Office Sorting Office building.

4.3It is proposed to erect a 3 metre high brick wall along the entirety of the western boundary of the site. The only existing building on the site is proposed to remain. This is currently used as a warehouse and is attached to the main large warehouse building to the north. The application proposes its use as car de-polluting bays and it is proposed that the necessary equipment would be installed in order to do this. No physical alterations are proposed to the existing shell of the building.

4.4It is proposed that cars that have been through the de-pollution process would be stored (in the open) alongside the southern and western boundaries of the site to a height of no more than 3 vehicles high. These areas are specified on the submitted plan. Cars would then be baled and then sent for recycling or disposal elsewhere. It is proposed that the centre of the site would provide the location for the baling machine and grabs.

4.5It is not proposed that there should be any alterations to the access to the site which would remain as existing. The application states that the vehicle flows to and from the site would remain similar to the existing numbers with approximately 200 (100in, 100out) vehicles per day. It is anticipated that the number of the largest articulated vehicles would reduce if this proposal is implemented.

5.Consultations

5.1Welwyn Hatfield Borough – comments awaited.

Environmental Health at Welwyn Hatfield Borough have commented as follows:

Matters preventing land and water contamination will be addressed by the Environment Agency. If conditions are not recommended, a detailed scheme to protect the environment from all emissions and discharges should be submitted for approval.

Additionally, it appears that the nearest offices likely to be affected by noise from the operations are approximately 75m away from the site. Outside the façade of the offices noise levels are likely to be in the region of 65dB LAeq and 52dB internally. Peak noise during the 81 sec cycle may generate internal noise levels in excess of 64dB increasing the likelihood of complaints alleging statutory noise nuisance. Occasional use of the baler is unlikely to generate problems, although regular use throughout the day could result in complaints.

5.2Environment Agency

The EA objects to the proposed development as submitted due to insufficient information to demonstrate that the risk of pollution to controlled waters is acceptable. There are three strands to this objection as follows;

1. Consider that the level of risk posed by the proposal to be unacceptable.

2. The application fails to provide assurance that the risks of pollution are understood, as a preliminary risk assessment (including a desk study, conceptual model and initial assessment of risk) has not been provided. PPS23 takes a precautionary approach. It requires a proper assessment whenever there might be a risk, not only where the risk is known.

3. Under PPS23, the application should not be determined until information is provided to the satisfaction of the Local Planning Authority that the risk to controlled waters has been fully understood and can be addressed through appropriate measures. This is not currently the case.

The reason for the objection is that it is believed that there is a potential for contamination to be present at the site and possible risk to controlled waters.

5.3Three Valleys Water – no comments received

5.4Hertfordshire County Council as Highway Authority – formal comments to be reported orally

5.5A total of 225 properties were consulted on the application and 5 letters objecting to the application were received. The issues of concern can be summarised as:

  • Increase in traffic, particularly lorries.
  • Operation would be noisy & cause disturbance in professional business district.
  • Dust and air pollution would occur.
  • Potential for pollution of water course.

A site notice was erected on 28th August 2008.

Planning considerations

The relevant development plan policies are:

Hertfordshire Waste Local Plan 1995- 2005 (adopted January 1999)

Waste Policy 1 – Sustainable Development

Waste Policy 2 – Need for waste management facilities

Waste Policy 13 – Criteria for re-use, recovery, recycling and transfer of waste (except green waste composting) outside areas of search

Waste Policy 43 – Traffic

Welwyn Hatfield District Plan 2005 (adopted 15 April 2005)

Policy EMP1 (Employment Areas)

Policy EMP2 (Acceptable Uses in Employment Areas)

The main issues to be taken into account in determining this application are:

  • environmental impacts
  • traffic/highways

Environmental Impacts

6.3Policy 13 of the Hertfordshire Waste Local Plan describes suitable locations for waste facilities, outside of areas of search identified within the plan which includes land within or adjacent to an established or proposed general industrial area. The application site is located within the Welwyn Garden City Industrial Estate. The existing operation is a well-established business which occupies a significant portion of land, and the proposal would involve a change of useof part of the existing site to the new use. The new use would be classed as a waste use but essentially would have similar characteristics to the existing adjacent B2 General Industrial uses, the primary use of the existing operation being the manufacture of metal racking as well as non-ferrous metal recycling and warehousing. Policy EMP1 of the Welwyn Hatfield District Plan identifies the industrial estate as an employment area, stating that Class B uses (Class B uses include office, light and general industrial and storage uses) would be acceptable and that non-Class B uses would only be allowed where existing employment land are no longer required to meet future employment requirements.

6.4The existing use of the application site and the adjacent sites in the ownership of the applicant comprise a mix of B8 (storage/warehousing) and B2 (general industrial) uses. The proposed use, although in effect a ‘scrap yard’ (sui generis) would have similar environmental effects as a B2 use would. Noise would be emitted from the baling machine, which would crush vehicles prior to their removal from the site. No other operational processes are intended to occur in the open yard; the remaining processes of de-polluting the cars on arrival at the site would take place in an existing warehouse building. It is therefore considered that given the location of the site within an industrial area, that the operation of the baling machine would not cause unacceptable significant environmental effects to surrounding premises.

6.5It is therefore considered that the proposal would not conflict with Policy EMP2 of the Welwyn Hatfield District Plan.

6.6A pollution risk assessment has now been produced by the applicant, which addresses the issues raised by the Environment Agency. It is expected that their objection will therefore be withdrawn.

Traffic/Highways

6.7The application site has been used as part of the existing haulage business and as such the applicant considers that the haulage business is likely to reduce by about 50%. A mix of vehicles are envisaged to bring ELV vehicles in to the site, mainly being large flat bed rigid vehicles with the occasional articulated vehicle. Therefore, it is considered that the nature and number of the larger vehicles visiting the site is likely to reduce as part of this proposal as the number of articulated vehicles associated with the ELV facility will be less than the existing haulage operations in relation to the application site.

6.8Some existing staff are expected to work within the new facility although up to 5 new members of staff may be employed. Existing car parking facilities are considered sufficient for these purposes.

6.9It is therefore anticipated that the overall number of vehicles travelling to and from the site, if the proposal is implemented, will remain at a similar level to the existing situation. It is therefore considered that there would be no significant adverse impact on highway safety as a result of this proposal and that the application therefore complies with Waste Policy 43 Traffic.

7Conclusions

7.1The application site is located within an employment area (as identified in the Welwyn Hatfield District Plan). Policy EMP2 seeks to resist any other uses (except for use classes B1, B2 and B8) within designated employment areas. Whilst the proposed use is sui generis, it is not dissimilar to a B8 (general industrial) use and would therefore be unlikely to produce detrimental effects that would be unacceptable in the area. Planning conditions can be used to manage and control any effects.

7.2The proposal seeks to change the use of part of a site which has adjacent mixed general industrial and storage uses. Therefore, in effect, it would not significantly change the characteristics of this industrial area. The proposal would not lead to an increase in vehicle movements to and from the site and it is recognised that these uses have an important function in the local economy. This established business is diversifying to provide a wider industrial base and as such it is considered that the proposal is acceptable.

7.3The report therefore concludes that the Director of Environment should be authorised to grant planning permission for change of use of site and building for the storage, dismantling and de-pollution of end of life vehicles (ELV) at Chestminster Ltd, Bridgefields, Welwyn Garden City, Hertfordshire (application no. 6/ 1549 -08)subject to conditions to include:

  1. hours of operation (whole yard and building)- 07.00am - 16.00 pm Monday to Friday with no operations on Saturdays, Sundays, or Public and Bank Holidays;
  2. hours of operation of baling machine 9.00 – 12.00pm Monday to Friday with no operation on weekends or Bank Holidays;
  3. HGV numbers limited to a daily maximum of xx (xx in and xx out) on weekdays and no movements of HGVs on Sundays or Bank Holidays;
  4. limit on quantity of cars stored on site at any one time;
  5. full details of all containers/tanks ( including their location on the site) to be used for the storage of components and fluids shall be submitted for approval;
  6. full details of specific areas designated for the storage of tyres shall be submitted for approval. Tyre stacks shall have a maximum height of 3 metres;
  7. details of proposed brick wall (including samples) to be submitted;
  8. stored cars shall only be within designated areas on plan and shall not be stored more than three high or two high if in a rack.
  9. existing portacabin shall be removed prior to commencement of development;

10.written permission of the WPA required for installation of any additional plant, equipment or buildings.

11. full details of any racking to be placed on the site whether for cars or parts shall be submitted for approval.

8Financial Implications

8.1Planning applications should be determined on the basis of material planning considerations, and not on the basis of their financial implications for the County Council. However, it is a requirement of the County Council to advise all Committees and Sub-Committees of the financial implications that may arise from a decision of the Committee.

8.2If a planning application is refused, is determined differently than applied for or is not determined within a specific period, the applicant has a right of appeal. Any appeal would result in additional costs, which in part can be met from existing budget provisions. However, a major public inquiry may give rise to significant costs for which there is no specific budget provision. If the County Council refuses an application without reasonable planning grounds on which to base its decision, it may be liable to pay the costs of the applicant in contesting the appeal.

Background information used by the author in compiling this report

Planning application reference 6/1549-08

Consultee responses

Relevant policy documents

Appendix 1 – Relevant development plan policies

Appendix 1 – Relevant development plan policies

HERTFORDSHIRE WASTE LOCAL PLAN 1995- 2005 (ADOPTED JANUARY 1999)

WASTE POLICY 1 – SUSTAINABLE DEVELOPMENT

In identifying land or considering proposals for waste management development, the County Council will have regard to the extent to which the development is sustainable in form and location and helps to conserve resources of land, water, materials, energy and the environment and minimises traffic congestion, travel distances, waste generation and pollution. The County Council in dealing with waste management will give preference to the location of waste recycling, handling, reduction and disposal facilities as close as practicable to the origin of the waste.

WASTE POLICY 2 – NEED FOR WASTE MANAGEMENT FACILITIES

The establishment of facilities for handling, transfer, treatment and disposal of waste (waste management facilities) will be supported provided that in order to accommodate the equivalent of Hertfordshire’s own waste arisings, there is a clearly established need for additional capacity and facilities of the kind that the proposed development would provide, which outweighs any material agricultural, landscape, conservation or environmental interest affected by the proposal.

Applications which would not meet the environmental and planning standards contained in other policies of the development plan, including those related to quality of design, will not be permitted.

WASTE POLICY 13 – CRITERIA FOR FACILITIES FOR RE-USE, RECOVERY, RECYCLING, AND TRANSFER OF WASTE (EXCEPT GREEN WASTE COMPOSTING) OUTSIDE AREAS OF SEARCH

Proposals for facilities to re-use, recover, transfer and recycle waste outside preferred areas of search, or for additional categories of waste management within the areas of search, will be permitted subject to compliance with waste policy 2 and provided the proposals: