Wpdoc Officers Comments s2

DELEGATED REPORT

Report considered and agreed by Head of Planning and Environment

…Tony Cook…………….. date ……05/01/16………

Report considered and agreed by Team Manager, Planning Policy & Development Management

……Sarah Iles ……….. date ……5 January 2016……

RESOLUTION OF THE DIRECTOR OF COMMUNITIES ECONOMY AND TRANSPORT

Under the powers delegated to me by the Governance Committee on 3 July 2012, I resolve to approve the proposal subject to the conditions set out in the recommendation.

CONSIDERATION BY DIRECTOR OF COMMUNITIES ECONOMY AND TRANSPORT

1.  The Site and Surroundings

1.1 The application site is within an industrial yard, known as Endeavour Works, on the eastern side of Beach Road, Newhaven. Newhaven Harbour Railway Station is to the north-west, on the opposite side of the road and Newhaven Wastewater Treatment Works is to the south-east with the premises at the Port a short distance to the south-west. The closest residential properties are 220 metres to the north-west. The application site is approximately 0.13ha in area and comprises an existing waste transfer station (WTS) and land adjoining to the north-east, which would form an extension to the WTS. The application site also includes a shared access through the Endeavour Works site to Beach Road.

1.2 The Endeavour Works yard (within which the application site is located) is about 0.8ha in area and contains several other uses, including a scaffolding business, storage and vehicle parking. Moreover, there is one large industrial unit towards the front of the yard and a smaller one at the western side of the yard, which are occupied by a drinks distribution company and a seafood distribution company, respectively. Portacabins are also located to the west of the application site and are occupied by commercial kitchens. There are further industrial buildings to the north and south of the yard, with some appearing to be involved in the food trade.

2.  The Proposal

2.1 The proposal comprises two parts. First, the continued use of the existing WTS, together with changes to the layout of the site, including alterations to the three existing sorting bays. Second, an extension to the existing WTS on adjoining land to the north-east, which has already been implemented, including the provision of an additional seven roofed sorting bays, an open topped storage bay, fencing, an additional site entrance and skip storage area.

2.2 The applicant would continue to sort and separate waste from his skip hire business for recycling and transfer to other more specialist waste management facilities. The proposal involves a throughput up to 10,000 tonnes per annum, compared to the current level of about 5,000 tonnes. Sorted waste includes card, timber, plasterboard, metals, hardcore, soils and green waste. Waste is collected with skips and delivered into bays for sorting and where appropriate, fed through the trommel grader for additional separation. Demolition waste and soils would be stored in an open topped bay.

2.3 The new ground surface would be finished with sulphate-resisting concrete and laid to fall for surface water to drain into the existing main drain to the north-west of the site. The sorting bays would be formed from railway sleepers and steel posts at the lower level and sheet metal panel surrounds to the rear, sides and roofs to contain dust and litter. The sorting bay walls at the perimeter of the site to the north and east would be enclosed at a high level using Monarflex screens. The sorting bays are contained units open to the centre of the compound to allow access. The roofs slope from 5 metres high at the front to 4.5 metres at the rear. Bay 2 is the exception in the existing WTS with a maximum height of 6 metres to allow for the 3 tonnes digger arm loading the trommel. Solid timber boundary fencing would be 2.5 metres high where no bays are present.

2.4 The machinery on site would involve a 13 tonnes digger, a 3 tonnes digger, forklift, loading shovel, trommel and cardboard baler. The average daily vehicle use would involve one skip lorry six times, one dustcart, 3 vans and a 32 tonnes Hook Loader, which would be used 1 to 3 times to transfer sorted waste to specialist facilities. All large vehicles would be parked on site overnight. The site would be operated during the same hours as the existing operation, from 0800 – 1700 Mondays to Saturdays.

2.5 The applicant proposes to carry out all works within one year of any permission being granted. Works to the drainage infrastructure would be undertaken within 2 months, followed by fencing, ground concreting and bay construction.

3.  Site History

3.1 Planning permission was granted in 2012 (ref. LW/702/CM) for the change of use of land to accommodate a WTS, subject to conditions. The current proposal is to continue to use the land as a WTS, extend its operational area and introduce new structures.

4.  Consultations and Representations

4.1 Lewes District Council raises no objections subject to maintaining the existing waste and dust mitigation methods under permission LW/702/CM and for a suitable method of odour suppression to be used when required.

4.2 Newhaven Town Council objects on the choice of materials for the building and the apparent temporary nature of the building which may not be suitable for long term use.

4.3 Highway Authority notes that the proposed access is considered to be acceptable to serve the development and that the visibility splays can be met with the current fence design. The highway verge adjacent to the access has been damaged by existing traffic and although the Highway Authority raises no objections to the proposal, it recommends that a condition should be included requiring the applicant to submit details of the layout of improvements to the access and the specification for the works. A S184 Llicence would be required for the reconstruction of the access to allow for the increase in width required to accommodate the increase in vehicle size.

4.4 Environment Agency has no comments.

4.5 ESCC Flood Risk Management Team raises no objections subject to conditions requiring that surface water management proposals should be supported by detailed hydraulic calculations.

4.6  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 Plan 2013: Policies: WMP3b (Waste Hierarchy); WMP6 (Safeguarded Sites); WMP7a (Areas of Focus); WMP22 (Increased Operational Capacity at Existing Sites); WMP23a (Design Principles); WMP23b (Operation of Sites); WMP25 (General Amenity); WMP26 (Traffic Considerations); & WMP28a (Flood Risk).

5.2 Lewes District Local Plan 2003: Saved Policy ST3 (Design, Form & Setting of Development).

Lewes District Council undertook a review of its Saved Local Plan policies (2007) to determine their consistency with the NPPF (2012) and produced a table indicating the extent to which the policies were fully consistent, partly consistent or not consistent. Saved Policy ST3 is considered to be fully consistent with the NPPF.

5.3 Lewes District Proposed Submission Joint Core Strategy 2013

Lewes District Council Joint Core Strategy Local Plan Public Examination Hearings commenced in January 2015. The Core Strategy is now in an advance stage following the publication of the proposed modifications, which the Inspector is currently reviewing and a further Hearing was held in mid-December 2015. The Core Strategy is a strategic level plan and is a material consideration in determining planning applications.

5.4 East Sussex, South Downs and Brighton & Hove Waste and Minerals Sites Plan Schedule of Suitable Industrial Estates, October 2015

The application site is identified in Plan I/AD Newhaven Industrial Estate Plots 4 to 9, Beach Road/Beach Close/Railway Road.

5.5 National Planning Policy Framework (NPPF) 2012

The NPPF does not change the status of the Development Plan as the starting point for decision making and constitutes guidance as a material consideration in determining planning applications. It does not contain specific waste policies but regard should be had to NPPF policies so far as relevant.

5.6 National Planning Policy for Waste (NPPW) 2014

The NPPW sets out detailed waste planning policies and regard should be had to them when planning authorities seek to discharge their responsibilities to the extent that they are appropriate to waste management.

6.  Considerations

Purpose of development

6.1 The Waste and Minerals Plan supports, in principle, proposals for the development of waste management facilities where they contribute to the implementation of the waste hierarchy (Policy WMP3b) and are located in Areas of Focus (Policy WMP7a). Policy WMP22 supports proposals which increase operational capacity at existing sites and Policy WMP23b requires that proposals should be supported by details of how the development would operate. The site is within an industrial estate which is identified in the Waste and Minerals Sites Plan Schedule of Suitable Industrial Estates.

6.2 Essentially, the proposal is to continue the use of the existing WTS and to extend its operational area. The proposed extension is relatively large compared to the area of the existing site and the proposed high-sided storage bays represent fairly large structures. However, the development would not be out of character within the context of the Endeavour Works industrial yard and within the wider industrial setting of this part of Newhaven.

6.3 Importantly, the purpose of the development is to allow the applicant to manage waste more efficiently, as the existing WTS is not large enough to accommodate the throughput of waste. The applicant has outlined how the operation would be carried out, in accordance with Policy WMP23b. The extended yard and storage bays would provide greater space to store and sort materials, thereby enabling more effective separation of waste into different streams. This would result in the development contributing to drive the management of commercial waste further up the waste hierarchy, in accordance with Policy WMP3b. The site is safeguarded as an existing WTS under Policy WMP6 and is within an Area of Search, in accordance with Policy WMP7a. It also is located in an industrial estate, which has been identified as a suitable industrial estate for waste management purposes within the Waste and Minerals Sites Plan. The existing WTS would be upgraded to complement the works in the proposed extension, thereby increasing its operational capacity, in accordance with Policy WMP22. As such, the application site is considered, in principle, to be in a suitable location to accommodate the proposed development and can be supported on this basis.

Effect on amenity

6.4 Policy WMP25 of the Waste and Minerals Plan requires proposals to have no unacceptable adverse on amenity to those likely to be affected by the development and for there to be no significant impact on air quality or the acoustic environment, and for adequate controls to be secured regarding dust, litter, noise and odour. Saved Policy ST3 of the Lewes District Local Plan requires development to, inter alia, respect the overall scale and layout of neighbouring buildings and the locality and respect the amenities of adjoining properties.

6.5 As well as the applicant’s business, several other businesses operate in the Endeavour Works yard and on surrounding land. While the applicant has had to address issues in the past, regarding dust and litter, the proposal now seeks to provide for greater containment of materials and operations through the installation of high sided, roofed bays. Improved fencing is also proposed around the boundary of the site and following the applicant’s own consultation on the proposals with his neighbours, Monarflex screening is also proposed to be placed above the boundary fencing on the western boundary to further screen views from this direction. The storage bays would front into the yard, away from neighbours, and would assist in containing any dust and litter, as well as reduce noise. The applicant has stated that he would use sprinklers to damp down dust and a condition is proposed to ensure that provision for dust mitigation is maintained. Notwithstanding this, the site needs to be placed in the context of its industrial location where other businesses also contribute to dust and noise emissions, particularly through the use of vehicles and machinery.

6.6 The applicant does not intend to import any putrescible waste that could give rise to odours; any that may be present within collected skips is separated and quickly removed from site. Consequently, it is not considered that an odour suppression system, as recommended by the District Council, is necessary. In the context of odour emissions, reference needs to be made to other nearby businesses which manage food, including seafood, and which generate waste. It is understood that these operations can lead to mal-odours in the locality.

6.7 The proposal seeks to reduce the effects of any dust emissions and litter dispersal and recommended conditions will also facilitate suitable controls. Consequently, the proposal accords with Policy WMP25 of the Waste and Minerals Plan and Saved Policy ST3 of the Lewes District Local Plan in protecting amenity.

Traffic & access

6.8 Policy WMP26 of the Waste and Minerals Plan requires that development should provide for appropriate access arrangements for the volume and nature of traffic generated by the proposal, that no unacceptable safety hazards would be generated for other road users, that the level of traffic generated would not exceed the capacity of the local road network and that there are suitable arrangements for on site vehicle manoeuvring, parking and loading/unloading areas.

6.9 The applicant states that the average daily vehicle use at the site would involve one skip lorry six times (12 movements), one dustcart (2 movements), 3 vans (6 movements) and a 32 tonnes Hook Loader 1 to 3 times (2 to 6 movements). Overall, there would be a doubling of daily lorry/van movements under this proposal, involving some 22-26 movements, compared to about 12 lorry/van movements under planning permission LW/702/CM, which corresponds to the proposed doubling of material throughput. Despite this, the overall number of movements remains fairly modest.