Agenda No.

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HERTFORDSHIRE COUNTY COUNCIL

DEVELOPMENT CONTROL COMMITTEE

TUESDAY 28 OCTOBER 2008 AT 10:00AM

NORTH HERTS DISTRICT

RETROSPECTIVE APPLICATION FOR THE ERECTION OF REPLACEMENT WORKSHOP PREMISES FOR THE DECONTAIMINATION OF END OF LIFE VEHICLES AT RUSH GREEN MOTORS, LONDON ROAD, LANGLEY, HITCHIN, HERTS, SG4 7PQ.

Report of the Director of Environment

Author:Iain LeechTel: 01992 556225

Local Member: Richard Thake

1Purpose of Report

1.1To consider retrospective planning application ref. 1/1933-08 for the erection of a replacement workshop for the decontamination of end of life vehicles at Rush Green Motors, London Road, Langley.

2Summary

2.1The application site is currently used as an approved treatment facility for End of Life Vehicles operated by Rush Green Motors. The operation involves the removal and separation of oils, hydraulic fluids, asbestos products, batteries etc. The fluids are stored in secure containers and removed from site for reprocessing by specialists.

2.2A building has been erected to house these activities. The building measures 24m by 16.5m by 7.4m high to the ridge of the roof and is constructed from grey profile sheeting with sliding doors at either end of the building and on the western side elevation and roof lights.

2.3There are no changes to the current hours of operation which are 0830 to 1800 Monday to Sunday and Bank Holidays.

2.4The principal issues to be taken into account are;

  • location within the Green Belt;
  • need for the building;
  • visual impact.

3Conclusion

3.1It is considered that the new workshop building is acceptable. There is a demonstrable need for the facility, evident from continued activities on site and the building will help ameliorate the impact of the existing operations and as such amounts to very special circumstances as to why the development should be allowed in the Green Belt. Whilst the new building does have a visual impact, this is considered acceptable taking into account the context of the site as a whole and the existing screening around the site.

3.2It is therefore recommended that, subject to the application being referred to the Secretary for State as a departure application within the Green Belt and her not wishing to call the application in for a decision, the Director of Environment be authorised to grant planning permission subject to conditions as set out below:

  1. hours of operation;
  2. submission of landscaping scheme.

3.3

4Description of the site and proposed development

4.1Rush Green Motors occupies an area of approximately 7.8 hectares in the Green Belt. Rush Green is located approximately 1.5km north of Langley and approximately 4km south of Hitchin off the B656 London Road.

4.2Operations at Rush Green Motors started in the 1940s and there is a Certificate of Lawful Use for operations on site. The Certificate was issued in 2005 by North Herts District Council and describes the use of the site as: Storage, sale, crushing and recycling of vehicles, trailers, plant and machinery. Metal fabrication and manufacture of trailers, shot blasting and spraying. Haulage of vehicles, plant and machinery. Repair, servicing and cleaning of vehicles, plant and trailers. Hire of trailers.

4.3There are a number of existing buildings on site as well as hundreds of end of life vehicles across the site. The workshop building, the subject of this application replaced another smaller single storey building/shed on site for the same use. The site is licensed by the Environment Agency as an Approved Treatment Facility for end of life vehicles and the treatment of these vehicles now takes place in the new workshop building. The building measures 24m by 16.5m by 7.4m high to the ridge of the roof and is constructed from grey profile sheeting with sliding doors at either end of the building and on the western side elevation and roof lights.

4.4There are no changes to the current hours of operation which are 0830 to 1800 Monday to Sunday and Bank Holidays.

4.5End of life vehicle treatment comprises the removal and separation of oils, hydraulic fluids, asbestos products, batteries etc. The fluids are stored in secure containers and removed from site for reprocessing by specialists.

5Consultations

5.1North Herts District Council has no objections to the proposal subject to confirmation that the building is considered necessary in this location to serve the established use of the site.

5.2Langley Parish Council has concerns regarding the proposal and would expect a full examination of the proposal to confirm whether there is a justifiable need for the building.

5.3The Environment Agency initially stated that they would have imposed a number of conditions had they been notified of the development before it had been carried out.

5.4Hertfordshire County Council as Highway Authority does not wish to restrict the granting of planning permission.

5.5A total of 8 properties were consulted on the application and 7 letters objecting to the application were received. The issues of concern can be summarised as:

  • The relevant legislation does not require a building to be used for treatment of end of life vehicles only that such activities take place on an impermeable hard standing.
  • There are existing buildings on site that could be used for the purposes, without the need for the new replacement building
  • There are various inaccuracies/omissions in the application form including no details of storage/collection of waste/hazardous substances, no provision for storage of recyclable waste, no description of the previous workshop building which was a smaller wooden shed, there is no mains sewer on site, no soakaways are shown on any of the submitted plans, there are existing full time employees on site, hours of operation have extended far beyond those cited in the application historically, there will be hazardous substances on site involved in activities on site.
  • It is inappropriate development in the Green Belt and could set a dangerous precedent.
  • It is visually intrusive.

5.6A site notice was erected on 28 August 2008 and two replacement notices were erected on 18 September 2008 and an advert placed in the Comet Series Newspaper on 18 September 2008.

6Planning considerations

6.1The relevant development plan policies are:

East of England Plan

Policy SS7- Green Belt

Hertfordshire Waste Local Plan (adopted January 1999)

Waste Plan Policy 2- Need

North Hertfordshire District Plan

Policy 2- Green Belt

6.2The principal issues to be taken into account in determining this application are:

  • Green belt
  • Need for the development
  • Visual Impact

6.3The site has the benefit of an existing Certificate of Lawful Use (as described more fully in paragraph 4.2). It refers, inter alia to the repair, servicing and cleaning of vehicles. The description of these activities could reasonably and has included the treatment of end of life vehicles and as such should be considered as part of the established use of the site. Therefore, the only considerations relevant to this application are whether there are very special circumstances that outweigh the harm to the Green Belt and any other harm caused by the building; whether the building is necessary; and to consider the visual impact of the building.

6.4The building is located on a substantially developed site within the Green Belt which contains a number of existing buildings and workshops of varying sizes and hundreds of end of life vehicles of varying ages, sizes and models including HGVs. The new workshop building replaces a previous building/shed. However, aerial photographs suggest that the previous building was single storey and of a smaller footprint than the replacement. As such, the replacement building impinges on the openness of the Green Belt to a greater extent than previously.

6.5Policy SS7 of the East of England Plan makes reference to the Hertfordshire Structure Plan (no longer part of the development plan having been superseded by the East of England Plan) and the identification of land in and around Rush Green as a Special Area of Restraint. This was designated to reflect potential future Green Belt boundary reviews in this area. However, in the absence of any such review, Green Belt policy considerations still apply.

6.6Having had discussions with the Environment Agency regarding operations on site, it is clear that whilst under the relevant legislation a building is not essential for the treatment of end of life vehicles it does bring benefits.

6.7The building allows for greater control of pollutants. For example any spillages are contained in the building. If spillages occur in the open (even on an impermeable surface) then potentially pollutants can be washed away by rain into the groundwater/water courses. Whilst there are oil interceptors as part of surface drainage on site to prevent oils washing away, soluble substances such as anti-freeze and brake fluids could cause pollution. The level of activity is also controlled by taking place within a building and as such it is harder for operations to expand to levels which might be difficult to manage. The use of the building also allows control of any airborne pollutants and dust which cannot then easily escape the building. In addition, the building also helps reduce any noise associated with operations in the building.

6.8As such there are a number of environmental benefits in using a building for the treatment of end of life vehicles and it is considered that these benefits could constitute very special circumstances as to why the building should be permitted.

6.9In terms of the need for the development, the site has existed since the 1940s and already operates as an end of life vehicle treatment facility so that there is already a clearly established need for the facility.

6.10In terms of the visual impact of the replacement workshop, the overall site is fairly well screened by existing trees and vegetation which also serve to screen the new building. There are limited views of the building from the surrounding countryside and the building is visible from the nearest residential property (“Trees”) located approximately 50m north west of the building. The building is also partially visible from an adjacent right of way which runs through Rush Green Farm approximately 60m to the south east.

6.11Whilst the new building is more visually intrusive than the building it replaced, its visual impact needs to be considered in the context of the whole site. The site is a significant eyesore due to the number of end of life vehicles covering the site. There is also an existing workshop building of comparable size to the new building so that the new building is not considered to cause a significant additional visual impact beyond that resulting from the existing site. Whilst a smaller building would nave been more appropriate, it is not considered that the visual impact from the new building is so unacceptable that planning permission should be refused.

6.12As stated above, the site is well screened from the B656 by existing trees and vegetation including a substantial belt of conifers (Leylandii). The nearest residential property (“Trees”) is also screened at all sides by substantial tree belts so as to partially screen the new building. Views of the building from the adjacent right of way are also partially screened by existing buildings and vegetation as well as end of life vehicles and other paraphernalia on site. However, if planning permission is granted then a condition should be imposed requiring additional landscaping to minimise these views further.

6.13Various concerns have been raised regarding operations on site and inaccuracies with the planning statement and application form. The matter for consideration in respect of this application is the appropriateness of the building. Other matters relating to the existing lawful operations and risk of pollution and storage on site are not matters that can be considered but are already controlled by an existing Waste Management Licence for the site issued by the Environment Agency.

7Conclusions

7.1It is considered that the new workshop building is acceptable. Whilst a smaller building would nave been more appropriate, it is not considered that the visual impact from the new building is so unacceptable that planning permission should be refused.

7.2There is a demonstrable need for the facility, evident from continued activities on site and the building helps operations to meet the requirements of end of life vehicle regulations and as such amounts to very special circumstances as to why the development should be allowed in the Green Belt. It is considered that the very special circumstances that outweigh the harm to the Green Belt and any other harm have been demonstrated. Whilst the new building does have a visual impact, it is not considered significant in the context of the site as a whole and due to the existing screening around the site.

7.3It is therefore recommended that, subject to the application being referred to the Secretary for State as a departure application within the Green Belt and her not wishing to call the application in for a decision, the Director of Environment be authorised to grant planning permission subject to conditions as set out below:

  1. hours of operation;
  2. submission of landscaping scheme.

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 1/1933-08

Consultee responses

Relevant policy documents

Appendix 1 – Relevant development plan policies

East of England Plan (Adopted May 2008)

Policy SS7- Green Belt

The broad extent of green belts in the East of England is appropriate, and should be maintained. However, strategicviews of green belt boundaries are needed in the following areas to meet regional development needs at the mostsustainable locations:

• Stevenage, involving land in Stevenage and North Hertfordshire;

• Hemel Hempstead, involving land in Dacorum and probably St Albans District;

• Harlow, involving land in Harlow, East Hertfordshire and Epping Forest Districts; and

• Welwyn/Hatfield, involving land in Welwyn Hatfield District and potentially St Albans District.

A more local review will be required in Broxbourne.

These reviews will have to satisfy national criteria for green belt releases, accord with the spatial strategy, and ensure that sufficient land is identified to avoid the need for further review to meet development needs before 2031.

Where reviews cover more than one local authority, they should be undertaken through a joint or co-ordinated approach.

The reviews at Harlow and Stevenage should identify compensating strategic extensions to the green belt in East Hertfordshire and North Hertfordshire respectively.

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

WASTE POLICY 2

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.

North Herts District Council Local Plan (Adopted April 1996)

Policy 2 - Green Belt

In the Green Belt, as shown on the Proposals Map, the Council will aim to keep the uses of land open in character. Except for proposals within settlements which accordwith Policy 3, or in very special circumstances, planning permission will only begranted for new buildings, extensions, and changes of use of buildings and of landwhich are appropriate in the Green Belt, and which would not result in significantvisual impact.

Item1 Application report Rush Green MotorsLondon Road langley

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