DELEGATED REPORT

Report considered and agreed by Head of Planning

…Tony Cook………………………………….. date ……17 April 2014…………

Report considered and agreed by Principal Planning Officer, Planning Policy and Development Management

…Jeremy Patterson………………………….. date ……16 April 2014………

Report by: / Director of Communities, Economy and Transport
Proposal: / Installation of plant for the dry mixing and blending of aggregates and cementitious products.
Site Address: / The Saltings, Rye Wharf, Harbour Road, Rye, East Sussex, TN31 7TE.
Applicant: / Rastrum Ltd
Application No. / RR/727/CM
Key Issues: / i)  Purpose of development
ii)  Development outside development boundaries
iii)  Siting of development
iv)  Impact on designated sites for nature conservation
v)  Flood risk and groundwater protection
vi)  Lorry Movements
Contact Officer: / Paul Carnell: Tel 01273 481833
Local Member:
/ Councillor Keith Glazier

RESOLUTION OF THE DIRECTOR OF COMMUNITIES ECONOMY AND TRANSPORT

Under the powers delegated to me by the Governance Committee on 30 January 2003, I resolve to approve the proposal subject to the conditions set out in the recommendation.

CONSIDERATION OF RELEVANT PLANNING MATTERS

1. The Site and Surroundings

1.1 The proposed site is located within The Saltings, a large area of land to the west of Rastrums Wharf, or Rye Wharf, at Rye Harbour, on the southern bank of the River Rother. The majority of The Saltings is within the Rye Harbour Site of Special Scientific Interest (SSSI) although the red line area of the application site is to the east of this designated area. The application site is also in close proximity to the Dungeness, Romney Marsh and Rye Bay SSSI, proposed Special Protection Area (pSPA) and Ramsar Site and the Dungeness to Pett Level SPA. The site is also within a Flood Zone 3.

1.2 The site is used by Rastrums Wharf for the open air storage of aggregates brought in over the wharf. The site is accessed through the main wharf site from Harbour Road, located to the south.

1.3 Rastrums Wharf is situated toward the eastern end of Harbour Road. Whilst Harbour Road to the west of the site is characterised by typical port industrial and storage uses, residential housing and amenities are located to the east and south-east of Rastrums Wharf, together with a caravan park and Rye Harbour Nature Reserve. A small recreational field and church are situated directly opposite the site to the south.

2. The Proposal

2.1 It is proposed to install and operate plant for the dry mixing and blending of aggregates and cementitious products. The proposed plant would be used initially to supply the Bexhill-Hastings Link Road development with lean-mix concrete, however, if demand exists beyond the cessation of the construction of the Link Road, the plant would remain to improve the blending and mixing facilities at the wharf.

2.2 The plant would occupy approximately 600 square metres of land within the aggregate storage area to the west of the main wharf buildings. The final model of plant which would be installed has not yet been chosen, although the applicant has confirmed that the height of the plant would not exceed 15 metres and it would be no longer than 25 metres. It is proposed to operate the plant between the hours of 07.30 and 16.00 Monday to Friday and 07.30 to 12.00 on Saturdays.

2.3 The majority of the required material for producing the lean-mix would be imported across the wharf. Once mixed, the blended material would be loaded directly onto lorries and removed from site. Vehicles would enter the site through the main Rastrum’s Wharf entrance off Harbour Road.

3. Site History

3.1 Rother District Council has dealt with the majority of planning applications at Rastrums Wharf. The most relevant of these is: RR/2013/1538/P – Granted in 2013 for Port related and Industrial Development (a part detailed/part outline application involving landscaping, development of seven starter units as part of a wider industrial estate and outline permission for a change of use for the remainder of the land at The Saltings for business use).

4. Consultations and Representations

4.1 Rother District Council – The District Council raises no objections to the proposal subject to:

·  No objection from Natural England;

·  No objection from the Environment Agency; and

·  If the County Council is minded to grant approval, appropriate conditions should be included relating to drainage, protection of local ecology and landscaping.

It is understood that the District Council considers that the application is for a temporary time period related to the construction of the Bexhill Hastings Link Road.

However, the District Council was informed that the application is for full planning permission and did not only relate to the construction of the Link Road. Despite this, the District Council has not amended its comments.

Rother District Council’s Pollution Control Officer confirms a permit from the District Council will be required in line with the Environmental Permitting Regulations (England and Wales) 2010 (as amended) because the application involves cement batching.

4.2 Icklesham/Winchelsea Parish Council – The Parish Council raises no objection to the application.

4.3 Natural England (NE) – The application site is within close proximity to the Dungeness, Romney Marsh and Rye Bay pSPA, which is a European site, and therefore has the potential to affect its interest features. A European designated site, is afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the ‘Habitats Regulations’). The site is also listed as the Dungeness, Romney Marsh and Rye Bay Ramsar site and also notified at a national level as the Dungeness, Romney Marsh and Rye Bay SSSI.

In considering the European site interest, NE advises that under the provisions of the Habitats Regulations, the County Council should have regard for any potential impacts that a plan or project may have. The Conservation objectives for each European site explain how the site should be restored and/or maintained and may be helpful in assessing what, if any, potential impacts a plan or project may have.

The consultation documents provided do not include information to demonstrate that the requirements of Regulations 61 and 62 of the Habitats Regulations have been considered by the County Council, i.e. the consultation does not include a Habitats Regulations Assessment.

In advising the County Council on the requirements relating to Habitats Regulations Assessment, and to assist the County Council in screening for the likelihood of significant effects, based on the information provided, NE offers the following advice:

·  The proposal is not necessary for the management of the European site; and

·  That the proposal is unlikely to have a significant effect on any European site, and can therefore be screened out from any requirement for further assessment.

NE therefore offers no objection to the proposal, subject to conditions, as outlined below.

This proposal is in close proximity to the Dungeness, Romney Marsh and Rye Bay SSSI. However, given the nature and scale of this proposal, NE is satisfied that there is not likely to be an adverse effect on this site as a result of the proposal being carried out in strict accordance with the details of the application as submitted. NE therefore advises the County Council that this SSSI does not represent a constraint in determining this application. Should the details of this application change, NE draws the County Council’s attention to Section 28(I) of the Wildlife and Countryside Act 1981 (as amended), requiring that NE is re-consulted. The LPA should consider securing measures to enhance the biodiversity of the site from the applicant, if it is minded to grant permission for this application.

4.4 Environment Agency (EA) – The EA offers no objections to the proposal as submitted. A condition is suggested on pollution prevention measures.

The containment of the cementitious material within a silo will reduce the pollution risk associated with spillages of such material, as will the removal of processed material once blended. The EA would wish to see management systems and spill kits in place as part of the above scheme, however, to ensure any spillages of cementitious material, fuel or oils associated with the plant are swiftly addressed and not allowed to pass to the soakaway. A soakaway and associated silt trap would be deemed appropriate drainage as part of the scheme for such a development subject to the material being processed through the plant posing no heightened risk to groundwater or the adjacent River Rother.

If any feed stocks are deemed a waste product, a permit from the EA may be required for the storage and processing of the material. This information should be included as an informative.

4.5 Highway Authority – Raises no objections, as the level of traffic generated by the proposed use is unlikely to have a perceptible impact on the road leading to the site or the surrounding highway.

4.6 Highways Agency – Raises no objection to the application.

4.7 Representations: None received.

5. The Development Plan and other policies of relevance to this decision are:

5.1 East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013 – Policies WMP15 (Safeguarding railheads and wharves), WMP25 (General amenity), WMP26 (Traffic impacts), WMP27(b) (Environment and Environmental Enhancement) and WMP28b (Water resources and water quality).

5.2 Rother District Local Plan – Saved Policies DS1 (Development Principles) (vii) & (xi), DS4 (Development outside development boundaries) and GD1 (General Development Considerations) (iv), (x) & (xv).

In July 2012, Rother District Council determined that virtually all its 2006 Rother District Local Plan policies were compliant with the National Planning Policy Framework. Policies in the Rother District Local Plan 2006 will continue to be used to determine planning applications alongside the NPPF.

5.3 National Planning Policy Framework March 2012

The National Planning Policy Framework (NPPF) was published on 27 March 2012 and the Framework applies with immediate effect. It does not change the status of the development plan as the starting point for decision making. It constitutes guidance as a material consideration in determining planning applications. For 12 months following publication, full weight was given to development plan documents adopted since 2004 even if there was a limited degree of conflict. Following the expiry of this 12 months period, due weight should now be given to relevant policies in existing plans according to their degree of consistency with the NPPF. At the heart of the NPPF is a presumption in favour of sustainable development. The NPPF does not contain specific waste policies but regard should be had to NPPF policies so far as relevant. There are policies facilitating the use of minerals and there are provisions covering transport, good design, protecting the natural environment and references to avoiding noise giving rise to significant adverse impacts and limiting light pollution.

6. Considerations

Purpose of development

6.1 Policy WMP15 of the Waste and Minerals Plan safeguards existing, planned and potential minerals wharf facilities and their consequential capacity in order to contribute towards meeting local and regional supply for aggregates and other minerals, as well as supporting modal shift in the transport of minerals. Capacity for landing, processing and handling and associated storage of minerals at Rye Port will be safeguarded.

6.2 The applicant is seeking planning permission to increase the processing capacity of the wharf using aggregates imported by ship. Currently, aggregates are imported by ship into Rye Port and over Rastrums Wharf. The application site is used as an area for aggregates storage with other land at the wharf. The applicant wishes to increase importation so that it can be used for processing into cement based products. This will require the provision of specialist plant. In the short term, such processing would contribute to the construction of the Bexhill-Hastings Link Road, although in the longer term, the applicant would seek to continue to supply processed aggregate products to the construction market. As such, the proposal is supported by Policy WMP15 of the Waste and Minerals Plan in safeguarding the wharf for ship imported aggregate uses.

Development outside development boundaries

6.3 Saved Policy DS4 of the Rother District Local Plan resists development outside of the defined development boundaries of the Plan. The Saltings is part of a gap within the Rye Harbour employment area.

6.4 Planning permission has been granted at The Saltings (subject to a Section 106 agreement) by Rother District Council for the construction of a business park.

6.5 The application site is a small area to the far east of The Saltings on land used by the wharf for aggregate storage, and is within the boundary of the larger redevelopment scheme (see above). Although outside a development boundary, the proposed site location is not considered to be a typical area of ‘countryside’ in the context that it adjoins an established employment area. Furthermore, the principle of development at The Saltings has been considered and accepted by Rother District Council and it is reasonable to conclude the character of the area is likely to change in the coming years. Should the proposed redevelopment not go ahead, the current application site still remains in close proximity to an established industrial use. The proposed siting of the plant outside a defined development boundary is therefore considered, in principle, to be acceptable.

Siting of development

6.6 Saved Policy GD1(iv) of the Rother District Local Plan requires new development to respect, and not detract from, the local character and appearance of the area.

6.7 The Saltings is a large area of predominantly flat land on the southern bank of the River Rother. Harbour Road contains a long-established concentration of industrial uses and is an important employment area for Rye. The majority of the industrial units along Harbour Road are located very close to the road, giving a stark and dominating industrial appearance to the area. This increases the visual importance of the few gaps between buildings along Harbour Road which provide some visual relief through the presence of trees and other vegetation, together with long views towards the sites of nature conservation.

6.8 The Saltings is a green gap between employment uses on Harbour Road, although, as noted above, Rother District Council has recently granted planning permission for development on the site. This development would include a landscape scheme to help soften views to the site and provide a less dominant appearance to the proposed employment space compared to elsewhere on Harbour Road.