Kelvin Williams
Head of Planning & Building Control
Wealden District Council
Council Offices, Vicarage Lane
HAILSHAM
BN27 2AX Fao Mr A Battams
Date: 14.12.12
please contact our ref your ref
Amanda Parks WD/704/CM WD/12/6009
Lewes (01273) 481846 AR/AP
Direct Fax (01273) 479040
Dear Mr Williams
town and country planning ACT 1990
WD/704/CM - Upgrade to existing Wastewater Treatment Works - two walk in kiosks.Vines Cross Wastewater Treatment Works, Foords Lane, Heathfield, East Sussex, TN21 9HA (Within land edged red on applicants plan no. AB.5500029.0Z0702 Version A)
At their meeting on 12 December 2012 the Planning Committee of the Regulatory Committee on behalf of the County Council resolved, to authorise the carrying out of the above development. Planning Permission is now granted. A copy of the Decision Notice is attached hereto.
Therefore, in accordance with the above Act would you please accept this letter in conjunction with the plans shown as formal notification of the development for the purpose of your Register of Planning Applications and Decisions.
Approved Plan(s) numbered: Supporting Statement, Design & Access Statement, AB.5500029.0Z0701 Version A - Site Location Plan (Scale 1:50000), AB.5500029.0Z0702 Version A - Site Location Plan (Scale 1:1250), AB.5500029.0Z0703 Version A - Site Layout Plan, AB.5500029.0Z0704 Version A - 30m3 Ferric Dosing Kiosk, AB.5500029.0Z0705 Version A - Effluent Monitoring Kiosk, Vines Cross WTW Site Photographs, 5500029 - Construction Noise Management Plan, Revision 1.0 - Construction Traffic Management Plan, Email from Nick Gillott of 4 Delivery dated 7 November 2012
Yours sincerely
Tony Cook
Tony Cook
Head of Planning
Copies to: Planning Liaison Officer - Environment Agency – for Information
Mr Gillott, 4 Delivery Ltd - Agent
EAST SUSSEX COUNTY COUNCIL
TOWN AND COUNTRY PLANNING ACT, 1990
TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010
______
To :- / Southern Water LtdC/o Mr Gillott / County Ref. No. WD/704/CM
4 Delivery Ltd
Elm Park Court
Tilgate Business Park
Brighton Road
Crawley
RH11 9BP / District Ref. No.:-WD/12/6009
In pursuance of their powers under the above mentioned Act, Order and Regulations, the Council as the local planning authority hereby GRANT PLANNING PERMISSION for upgrade to existing Wastewater Treatment Works - two walk in kiosks. Vines Cross Wastewater Treatment Works, Foords Lane, Heathfield, East Sussex, TN21 9HA (Within land edged red on applicants plan no. AB.5500029.0Z0702 Version A) in accordance with your application validated by the East Sussex County Council on 3 October 2012 and the plans and particulars submitted in connection therewith and subject also to due compliance with the condition(s) specified hereunder:-
1. The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.
Reason: To comply with Section 91 of the Town and Country Planning Act 1990.
2. The development hereby permitted shall be carried out in accordance with the plans listed in the Schedule of Approved Plans.
Reason: For the avoidance of doubt and in the interests of proper planning.
3. The external surfaces of the kiosks hereby permitted shall be coloured RAL 6013 (Reed Green) unless otherwise agreed in writing by the Director of Economy, Transport and Environment.
Reason: In the interests of visual amenity, in accordance with Policy WLP39 (b) of the East Sussex and Brighton & Hove Waste Local Plan 2006.
4. No machinery shall be operated, no process shall be carried out and no deliveries taken to or despatched from the site other than between the hours of 7.30am and 6.00pm on Mondays to Fridays inclusive and between 8.00am and 1.00pm on Saturdays and not at any time on Sundays, Bank and Public Holidays.
Reason: To safeguard the amenity of the occupiers of properties in the vicinity of the site and to comply with Policy WLP35 (b) of the East Sussex and Brighton & Hove Waste Local Plan 2006.
5. Prior to the commencement of development, the applicant shall agree works to reconstruct the junction radius on the northern side of the access with the East Sussex County Council's (ESCC's) Highways Inspector, and shall carry out the agreed reconstruction works to the satisfaction of the ESCC's Highways Inspector, prior to the commencement of development.
Reason: To prevent further erosion of the land adjacent to the junction, in the interests of visual amenity and highway safety, and to accord with Policy C4 of the South East Plan 2009 and Policy WLP36 (a) of the East Sussex and Brighton & Hove Waste Local Plan 2006.
6. The development shall be carried out in accordance with the submitted Construction Noise Management Plan (ref. 5500029), received by the County Council on 28 November 2012.
Reason: In the interests of protecting residential amenity, in accordance with Policy WLP35 (b, c) of the East Sussex and Brighton & Hove Waste Local Plan 2006.
7. The development shall be carried out in accordance with the submitted Construction Traffic Management Plan (revision 1.0), received by the County Council on 28 November 2012, and the detail in the email from Nick Gillott of 4 Delivery, dated 7th December 2012.
Reason: In the interests of highway safety and protecting residential amenity, in accordance with Policies WLP35 (b) and WLP36 of the East Sussex and Brighton & Hove Waste Local Plan 2006.
Schedule Of Approved Plans
Supporting Statement, Design & Access Statement, AB.5500029.0Z0701 Version A - Site Location Plan (Scale 1:50000), AB.5500029.0Z0702 Version A - Site Location Plan (Scale 1:1250), AB.5500029.0Z0703 Version A - Site Layout Plan, AB.5500029.0Z0704 Version A - 30m3 Ferric Dosing Kiosk, AB.5500029.0Z0705 Version A - Effluent Monitoring Kiosk, Vines Cross WTW Site Photographs, 5500029 - Construction Noise Management Plan, Revision 1.0 - Construction Traffic Management Plan, Email from Nick Gillott of 4 Delivery dated 7 November 2012
INFORMATIVES
1. The applicant is reminded that any works to trees adjacent to the access road that are covered by a Tree Preservation Order will need the approval of Wealden District Council.
2. The applicant is advised that traffic associated with the construction period and the normal operation of the Wastewater Treatment Works should approach the site on Foords Lane from the north, and should exit the same way, thereby avoiding the narrow roads to the south of the site access.
3. East Sussex County Council's Highway Inspector can be contacted on 0345 608 0193 (for condition 5 above).
4. The applicant is reminded that any temporary contractor's boards visible from any public area during the construction period should be removed promptly on completion of construction of the development.
The policies relevant to this decision are:
South East Plan 2009: Policy NRM2 (Water Quality), C4 (Landscape and Countryside Management).
On the 27 May 2010 the Secretary of State for Communities and Local Government highlighted the Government’s commitment to the intention to rapidly abolish Regional Strategies and return decision making powers on housing and planning to local Councils. On the 6 July 2010 the Secretary of State revoked, with immediate effect, Regional Strategies. However, a High Court decision on the 10 November 2010 found that Regional Strategies could not be revoked in their entirety. The effect of this decision is to re-establish Regional Strategies as part of the development plan and due weight will therefore be given to The South East Plan policies. However, the Government has indicated that it will enact its commitment to abolish Regional Strategies as part of the Localism Act which received Royal Assent on 15 November 2011. An Order is now required to revoke the Regional Strategy. The Government’s intention to revoke Regional Strategies is therefore a material consideration in the decision making process.
Wealden District Local Plan 1998: Policies: GD2 (Development Boundaries), EN27 (1, 2) (Design).
Non-Statutory Wealden Local Plan 2005: Policies: GD2 (Development Boundaries), BE1 (1, 2, 4, 7) (Design).
Wealden District (Incorporating Part of the South Downs National Park) Local Development Framework Core Strategy Submission Document, August 2011: Policy WCS12 (Biodiversity).
On 5 August 2011, Wealden District Council submitted their "Submission Core Strategy" for independent examination. The Core Strategy was considered for adoption and approved by Wealden District Full Council on 28th November 2012. The document will be considered for adoption by the South Downs National Park Authority on 19th February 2013. The Core Strategy is the Key policy document setting out the strategic vision and objectives for the Wealden District. To accompany the Core Strategy a Strategic Sites Development Plan Document (DPD) and Delivery and Site Allocations DPD will be produced (and collectively known as Site Allocation DPDs). It is believed that specific development management policies will be set out within the Site Allocations DPDs. The Submission Core Strategy is a material consideration when assessing the application, and in certain circumstances considerable weight may be attached to its policies. However, for the time being, the Wealden Local Plan remains part of the Development Plan of the area.
East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP1 (f) (Designated areas), WLP30 (Wastewater and Sewage Sludge), WLP35 (General Amenity Considerations), WLP36 (Transport Considerations), WLP39 (Design Considerations)
East Sussex, South Downs and Brighton & Hove Submission Waste & Minerals Plan – June 2012: Policies: WMP9 (Management of Wastewater and Sewage Sludge), WMP24 (a) (General Amenity), WMP25 (Traffic Impacts).
On 1 June 2012, the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan was submitted to Government for examination. Public Examination Hearings were held between 18 September and 28 September 2012. Only 1 Main Modification is proposed. The Plan sets out the strategic policy decisions for waste and minerals in the Plan Area up to 2026. Following adoption of the Plan, programmed for early 2013, a Waste and Minerals Sites Document will be produced. The Submission Plan is a material consideration when assessing the application, and in certain circumstances considerable weight may be attached to its policies. At the moment though, the East Sussex and Brighton & Hove Waste Local Plan 2006 remains in full as part of the development plan of the area.
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 can continue for development plan documents adopted since 2004 even if there is a limited degree of conflict. In other cases and following this 12 months period, due weight should 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.
Reasons for Approval
The proposal involves the construction of 2 buildings within the Wastewater Treatment Works. The development would be undertaken together with additional works which are “permitted development” by virtue of the applicant’s permitted development rights as a sewerage undertaker. The development is required in order to upgrade the existing wastewater treatment process to meet a new standard imposed by the Environment Agency, which should have the effect of improving water quality. It is considered that a need for the development has been demonstrated and the proposal accords with Policy NRM2 of the South East Plan 2009, Policy WLP30 of the East Sussex and Brighton & Hove Waste Local Plan 2006 and Policy WMP9 of the East Sussex, South Downs and Brighton & Hove Submission Waste & Minerals Plan (June 2012).
Proposed conditions for this development should ensure the proposal has no unacceptable effect on the landscape, residential amenity or highway safety, and the proposal accords with Policy C4 of the South East Plan 2009, Policies: GD2 and EN27 (1, 2) of the Wealden District Local Plan 1998, Policies: GD2 and BE1 (1, 2, 4, 7) of the Non-Statutory Wealden Local Plan 2005, Policies: WLP1 (f), WLP35, WLP36 and WLP39 of the East Sussex and Brighton & Hove Waste Local Plan 2006, and Policies: WMP24 (a) and WMP25 of the East Sussex, South Downs and Brighton & Hove Submission Waste & Minerals Plan (June 2012).
There are no other material considerations and the decision should be taken in accordance with the development plan.
In considering this planning application, the County Planning Authority has worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with the planning application by liaising with consultees, respondents and the applicant/agent and discussing changes to the proposal where considered appropriate or necessary. This approach has been taken positively and proactively in accordance with the requirement in the NPPF, and as set out in the Town and Country Planning (Development Management Procedure) (England) (Amendment No.2) Order 2012.
Signed Tony Cook
Date 14 December 2012
Tony Cook
Head of Planning
All enquiries should be addressed to:
Director of Economy, Transport & Environment,
Economy, Transport & Environment Department,
County Hall, St Anne's Crescent,
Lewes, East Sussex, BN7 1UE.
IMPORTANT - Please read notes attached.
Copies to: Planning Liaison Officer - Environment Agency - for information
Mr A Battams, Wealden District Council, for Statutory Planning Register
dncmgrac.doc
NOTIFICATION AS REQUIRED BY THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010
Appeals to the Secretary of State
o If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.
o If you want to appeal, then you must do so within six months of the date of this notice, using a form which you can get from the Secretary of State at Temple Quay House, 2TheSquare, Temple Quay, Bristol, BS1 6PN or online at www.planningportal.gov.uk.pcs.