Agenda No.

4

HERTFORDSHIRE COUNTY COUNCIL

DEVELOPMENT CONTROL COMMITTEE

TUESDAY, 31ST JANUARY 2006, AT 1.30 P.M.

EAST HERTS DISTRICT

PROPOSED VARIATION OF CONDITION 1 OF THE APPROVAL NOTICE NO. 3/1439-97 (093) DATED 15 SEPTEMBER 2003 (DETAILS PURSUANT TO CONDITIONS 3, 7 AND 10 OF PLANNING CONSENT REF. 3/1439-97 (93) TO EXTEND THE TIME LIMIT FOR THE REMOVAL OF THE BUILDING HOUSING THE WASTE RECYCLING OPERATIONS AT WATERHALL QUARRY, LOWER HATFIELD RD, HERTFORD.

Report of the Director of Environment

Author: Fiona Deyes Tel: 01992 556267

Local Member: Bryan Hammond

1. Purpose of Report

1.1 To consider planning application 3/1951-05 to vary condition 1 of the approval notice dated 15 September 2003 (details pursuant to Conditions 3,7,10 of planning consent ref. 3/1439-97) to extend the time limit for the removal of the building housing waste recycling operations.

2. Summary

2.1 In May 2003, details were submitted to seek the approval of the Local Planning Authority for the erection of a building to house the majority of the recycling activities at Water Hall Quarry, pursuant to Conditions 3, 7 and 10 of planning permission 3/1439-97 which granted permission for the recycling operations. Condition 3 requires operations to be carried out in accordance with details and plans submitted as part of the original application, unless otherwise agreed in writing with the Local Planning Authority. Condition 7 requires details of proposed buildings to be submitted to the Local Planning Authority. Condition 10 restricts permitted development rights and requires the prior approval of the Local Planning Authority to the erection of buildings. The building was subsequently approved on the 15th September 2003.

2.2 Condition 1 of the Approval Notice states ‘The building hereby approved shall be removed from the site within two years of the date this Approval Notice or on the substantial completion of infilling of Southfield Wood, whichever is the sooner.’

2.3 The building has not yet been constructed, and this application seeks to vary the time limit restriction for the removal of the same, in order to bring the permission into line with Condition 17 of planning permission 3/1439-97. The latter states ‘The development subject of this permission shall expire on 31 August 2010 and the plant, buildings, structures and equipment used in connection with this use shall be removed before the end of a further 12 months from this date.’

2.4 The application therefore proposes to vary Condition 1 of the Approval Notice as follows: ‘The building hereby approved shall be removed from the site by 31 August 2010, or on the substantial completion of infilling of Southfield Wood, whichever is the sooner.’

3. Conclusion

3.1 Condition 1 of the Approval Notice issued by the Council on 15 September 2003 limited the lifespan of the recycling building to 15 September 2005. This was done in order to tie in with the most up to date prediction of the end date for land filling at Southfield Wood, as advised by the site operators. The operators now advise that it is their intention to continue land filling at Southfield Wood until the consented end date for operations at Southfield Wood of 31 August 2010 (as specified in the over arching planning permission for operations at the Water Hall Quarry Complex, 3/0781-01). In this respect, it is considered consistent to vary Condition 1 accordingly.

3.2 In terms of the impact of extending the lifespan of the building, it is considered that the structure would intrude visually upon the surrounding landscape. However, given that such intrusion would only be for a short period of time (less than 5 years), and not for significantly longer than previously permitted (2 years), it is not considered sufficient to warrant refusal of the application.

3.3 Several consultees have queried the intention of the applicants in wishing to erect a substantial building, involving substantial expense, for such a short period of time. However, such analysis does not form a proper part of the determination of this planning application. The applicants have explicitly stated that they will remove the building in accordance with conditions governing the Materials Recycling Facility operations. Pending any future planning applications which may arise, failure to comply with extant planning conditions is likely to result in enforcement action.

3.4 It is therefore considered that the Director of Environment should be authorised to grant permission for the proposal, and vary Condition 1 of the Approval Notice dated 15 September 2003, as follows:

‘The building hereby approved shall be removed from the site by 31 August 2010, or on the substantial completion of infilling of Southfield Wood, whichever is the sooner.’


1. Description of the site and proposed development

1.1 The Water Hall Quarry complex is located some 4km south west of Hertford, on the B158, Lower Hatfield Road. The application site (1.26 hectares) lies within the central part of the complex, some 400m to the north of the B158. The village of Hertingfordbury is located 2km to the north of the B158, the hamlet of East End Green some 750m to the north east and Letty Green, 1km to the north west. The nearest residential properties are Water Hall Cottages, some 400m to the south, Roxford approximately 750m to the north east and the hamlet of East End Green some 750m to the north. Water Hall Farm lies approximately 200m to the south of the application site.

1.2 To the north and east of the application site are restored areas of former mineral working, which rise steeply above the application site. The application site is a height of approximately 50 metres AOD (above ordnance datum). The embankment to the north west rises some 57 – 58 metres AOD, and is planted with trees at the top section. To the north east the bank rises some 53 – 55 metres AOD. Adjoining the southern boundary of the quarry is a water-filled lagoon used to supply water to the processing plant at the quarry. To the west is the sand and gravel processing plant. Public Footpath Hertingfordbury 1 runs up to and alongside the western boundary of the application site. A permissive footpath, PP1, runs to the north east of the application site, and connects with Bridleway Hertingfordbury 2 at its lower end.

1.3 Planning permission 3/1439-97 was granted in June 1998 allowing a change of use to include recycling and storage of materials. In May 2003, details were submitted to seek the approval of the Local Planning Authority for the erection of a building to house the majority of the recycling activities at Water Hall Quarry, pursuant to Conditions 3, 7 and 10 of the planning permission. Condition 3 requires operations to be carried out in accordance with details and plans submitted as part of the original application, unless otherwise agreed in writing with the Local Planning Authority. Condition 7 requires details of the proposed building to be submitted to the Local Planning Authority. Condition 10 restricts permitted development rights and requires the prior approval of the Local Planning Authority to the erection of buildings. The building was subsequently approved on the 15th September 2003 by way of an Approval Notice.

1.4 Condition 1 of the Approval Notice states ‘The building hereby approved shall be removed from the site within two years of the date this Approval Notice or on the substantial completion of infilling of Southfield Wood, whichever is the sooner.’

1.5 The building has not yet been constructed and this application seeks to vary the time limit restriction for the removal of the same, in order to bring the permission into line with Condition 17 of planning permission 3/1439-97. The latter states ‘The development subject of this permission shall expire on 31 August 2010 and the plant, buildings, structures and equipment used in connection with this use shall be removed before the end of a further 12 months from this date.’

1.6 The application therefore proposes to vary Condition 1 as follows: ‘The building hereby approved shall be removed from the site by 31 August 2010, or on the substantial completion of infilling of Southfield Wood, whichever is the sooner.’

1.7 The permitted building would cover a footprint of approximately 1800m2. Constructed with a steel frame, it would be substantially enclosed on three sides by steel sheeting. The fourth side would be hung with heavy, clear plastic, curtain style doors which would allow vehicles to pass through but would afford a degree of noise attenuation.

1.8 Skip waste would be tipped on to the floor of the building, and spread by suitable plant, typically a front loading shovel. The material would be hand picked to remove recyclable material such as metal, timber and glass and this will be stored for removal. Any non- recyclable material would be stored for transfer to the landfill area. The residual hardcore would be removed from the building by suitable plant and put through the screen and crusher to generate a usable material.

1.9 Material arriving from transfer stations and potentially from Civic Amenity sites would be tipped into an external inspection area and any unsuitable material removed in accordance with the requirements set out in the Waste Management Licence. The material would then be loaded by appropriate plant into a feed hopper before passing along a conveyor through the building. Ferrous metals would be removed by overhead magnet whilst other recyclables will be removed by hand picking. These items (typically non-ferrous metals, textiles, timber, glass, etc) would be placed in appropriate storage containers for subsequent removal. The residual wastes would be stockpiled outside the building where they would be loaded into vehicles by a 3600 loader and taken to landfill. Stockpiled timber would be chipped from time to time using mobile plant brought to the site for this purpose. It would be necessary to install an additional weighbridge.

2. Consultations

2.1 East Herts Council does not object to the proposed development. However, it comments ‘While the location may be well away from the main road and set into rising ground around it will still nonetheless be very visible and is a substantial building. It is not within the category of appropriate development in the Green Belt and there will be an impact on the openness of the site. ….The main concern must be that this substantial new building is eventually removed, as I assume it must be to allow for the full restoration of the Waterhall quarry site. Subject to assurances on this I have no fundamental objection to vary the time period for the retention of the facility while the recycling process is in operation and this has already been agreed to 2010. I would ask that landscaping measures and the use of darker recessive colours for the external materials for the building be required to reduce the impact of the appearance of the building on the wider surroundings and the visual amenity of the Green Belt.’

2.2 Herts County Council as Highway Authority – does not object to the proposed development.

2.3 Rights of Way Unit at Herts County Council – does not object to the proposed development.

2.4 Little Berkhamsted Parish Council – objects to the proposed development. In the Parish Council’s view the proposed structure is excessive and would have a detrimental effect on views from surrounding areas, particularly from footpaths through the site, and from properties to the south and east. The Council believes that a new building in the Green Belt of such substantial dimensions would not meet the requirements of the Herts Waste Local Plan, with regard to impact on local or natural environments, and the Green Belt.

2.5 The Parish Council queries the intention of the applicant in seeking to erect a building requiring substantial capital investment when it is required that such building be removed by 2010. It has concerns that rather than remove the building, the applicant will seek permission to retain it permanently and to continue recycling, even though mineral extraction linked operations have ceased.

2.6 Hertingfordbury Preservation Society – comments that it considers that the location of the site is inappropriate for the recycling of waste. It states that the noise of the concrete crusher is intrusive. It is concerned that the visual impact of the building would be detrimental, and that light pollution would be created through the use of high intensity arc lights.

2.7 Environment Agency – has no comments to make on the proposed development.

2.8 Thames Water has no objection to the planning application, with regard to sewerage infrastructure.

2.9 Local residents – letters have been received from 2 residents. The first comments that the use of Waterhall Quarry compromises the safe use and enjoyment of Bridleway Hertingfordbury 2. The second queries why the applicants would wish to erect a building with a lifespan of only 5 years.


3. Planning Considerations

3.1 The relevant development plan documents and policies are listed below and the policies are detailed in full at Appendix A:

- Herts Structure Plan Review 1991 – 2011 (Adopted April 1998)

Policy 5 – Green Belt

- Herts Waste Local Plan (Adopted January 1999)

Waste Policy 33 – General Impact on the Wider Landscape

- East Herts Local Plan (Second Review) Deposit Version Dec. 2000

GBC3 – Appropriate Development in the Green Belt

3.2 In determining this application it must be taken into account that the structure and position of the recycling building itself have already been approved (subject to further approval by the Council of elevations and materials to be used in the construction process) by the notice issued by the Council on 15 September 2003. The only matter to be determined under this application is the variation of the time for removal of the building. It therefore falls to this report to consider: