Agenda No.
3
HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY 1 MARCH 2011 AT 10.00 AM
HERTSMERE BOROUGH -
APPLICATION FOR RETROSPECTIVE PLANNING PERMISISON FOR THE RETENTION OF WASTE TRANSFER OPERATION RELATED TO THE EXISTING SKIP HIRE BUSNIESS FOR THE PROCESSING OF BUILDING SKIP WASTE AT THE CONIFERS, ELTON WAY, WATFORD, HERTFORDSHIRE, WD25 8HD
Report of the Director Environment & Commercial Services
Contact: Chay Dempster Tel: 01992 556211
Local Member: Steve O’Brien
1. Purpose of Report
1.1 To consider planning application ref. 0/2507-10 for the retention of the waste transfer operation in connection with the existing skip hire business on land at The Conifers, Elton Way, Watford.
2 Summary
2.1 This application seeks retrospective planning permission for the retention of the waste transfer operation in connection with the existing skip hire business of land at The Conifers, Elton Way, Watford.
2.2 The application site is situated between the M1 to the north and the A41 Elton Way to the south, approximately 1.2 miles from junction 5 of the M1 and 8 miles from junction 20 of the M25. The site access is on Elton Way approximately 920m east of the B462 Radlett Road. The whole site area is approximately 0.6 hectares in area.
2.3 It is claimed that the existing skip hire business has operated at the site since 1997. MEC skip hire currently operates the site. The business supplies ground work, site clearance and skip hire services. The business operates 5 HGVs from the site (2 no. grab lorries, 2 no. skip lorries, and 1 no. flat bed lorry). The business supports up to 12 jobs.
2.4 The operation involves returning hire skips bringing construction waste to the site. The skips are unloaded onto a concrete hardstanding where the waste is separated into metals, bricks, timber, and soils. The metals, bricks and timber are taken for recycling and the waste soils are loaded onto larger roll-on-roll-off skips and taken to nearby landfill sites at Harper Lane, Colney Heath and Chandlers Cross.
2.5 The waste transfer facility is operated in parallel with the skip hire business and waste is not accepted from other sources. It is anticipated that the maximum throughput of waste would be 3,000 tonnes per annum.
2.6 The highways authority wish to see the current site access widened. Such works would be subject to a separate s278 agreement. A condition is recommended for implementation within 3 months. The site has sufficient staff car parking and for HGV parking.
2.7 The site is located within the Green Belt and outside preferred areas of search identified in the Hertfordshire Waste Plan.
2.8 There are currently no objections to the development.
3. Conclusion
3.1 The report concludes that the need for small scale waste recycling facilities and the benefits to sustainable waste management are the very special circumstances which clearly outweigh the harm to the green belt and any other harm. The recommendation is that planning permission should be granted subject to the following conditions:
a) limit of operations – development to be carried out in accordance with the provisions of the approved planning application, plans and drawings
b) hours of operation – there shall be no site operations except during the following hours 0730 -1700, Monday to Friday 0730 -1230 on Saturdays, with no operations on Sundays and Bank Holidays (unless otherwise agreed in writing)
c) dust - the operator shall ensure that areas outside the boundary of the site are not adversely affected by dust at any times during all operations hereby permitted.
d) HGV movements - there shall be no more than 60 heavy goods vehicle movements (30 in, 30 out) Monday to Friday and no more than 30 heavy goods vehicle movements (15 in,15 out) on Saturdays (unless otherwise agreed in writing)
e) junction improvements - within 3 months of the date of this permission the junction improvements shown on drawing 313/11-02 shall be fully implemented (unless otherwise agreed in writing)
f) noise – operational noise (Laeq 1Hr) shall not exceed the ambient noise level (LA90) by more than 5 dB measured at any noise sensitive property (measured in accordance with BS 4142).
g) floodlights – there shall be no floodlights used on site unless details of the design, luminescence, location and direction of each light has been previously submitted to and approved in writing by the Waste Planning Authority
h) wheel washing - the operator shall ensure that no mud, debris or any other material shall be deposited on the public highway by vehicles leaving the site.
4. Description of the site and proposed development
4.1 The application site is located north east of Watford between the A41 and M1. The M1 runs approximately 100m to the north. Elton Way adjoins the southern boundary. Radlett Road runs approximately 410m to the west and Sandy Lane approximately 375m to the east.
4.2 The site is accessed directly from Elton Way. The central part of the site accommodates a single storey dwelling house plus several residential caravans. The northern part of the site is used for skip hire and waste transfer.
4.3 The site boundary is screened with a row of conifer trees along the north boundary and close lap boarded fencing along the east and west boundaries. The nearest house is located approximately 100 metres to the east of the site. Adjoining land to the west is used for grazing.
4.4 The process involves construction waste being brought to the site in skips on return from hire. The contents are unloaded and sorted by a mechanical grab which is operated from a platform above the drop area. The waste is separated into metal, timber, bricks and soils. The metal, timber, and bricks are taken off site for recycling. The soils are taken to landfill sites at Harper Lane, Tyttenhanger Quarry (Colney Heath) or Great Westwood Quarry (Chandlers Cross).
4.5 The process involves approximately 3,000 tonnes of construction waste per annum. The waste is brought to the site in skips operated by the skip hire business and no other operators.
5. Consultations
5.1 Hertfordshire County Council as Highway Authority does not wish to restrict the grant of planning permission subject to conditions for (1) improving the existing vehicular access by providing a 7.5 metre kerbed radius on the north side of the access and 6 metre kerbed access to the south of the access, and (2) restricting the number of vehicles to 60 per day.
5.2 The Environment Agency considers that planning permission should only be granted subject to conditions for (1) the submission of a scheme dealing deals with the risk of contamination at the site and any remediation strategy that may required (2) a verification report demonstrating completion of the works set out in the approved remediation strategy and (3) no infiltration of site drainage into the ground. Without such conditions the Environment Agency would object to the application on the grounds that there would be an unacceptable risk to the environment.
5.3 Following their investigations in 2007 Hertsmere Borough Council is satisfied that the site has been used for skip hire for more than 10 years.
5.4 The application was advertised on 24 December 2010 in the Watford Observer. 18 no. letters were sent to residential properties within 250 metres of the site. An objection was received from the adjoining property (Rookery Nook) on the grounds that land in the northern part of the site is within their ownership. The site has been reduced in size from 0.96 hectares to approximately 0.6 hectares to overcome the concern.
6. The Development Plan
6.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires proposals to be determined in accordance with the development plan unless material considerations indicate otherwise.
6.2 For the purposes of s38(6) the development plan comprises the Hertfordshire Waste Plan (1999), the Hertsmere Local Plan (through to 2011) and the East of England Plan (2007).
6.3 The following development plan policies (summarised in annex 1 to this report) are most relevant to the consideration of this application
Hertfordshire Waste Plan 1991- 2011 (adopted April 1998)
Policy 1 Sustainable Development
Policy 2 Waste Management Facilities
Policy 13 The Re-Use, Recovery, Transfer And Recycling of Waste
Policy 16 Use of land in Green Belts for re-use, recovery, recycling and storage of waste
Policy 43 Disposal, transfer, processing or recycling of waste
Hertsmere Local Plan through to 2011
Policy K1 Sustainable Development
Policy C1 Green Belt
Policy C4 Development Criteria in the Green Belt
Policy M12 Highway Standards
East of England Plan 2007
WM1 Waste Management Objectives
WM2 Waste Management Targets
WM4 Regional Waste Apportionment
Hertfordshire Waste Development Framework
WP1 Strategy for the Provision for Waste Management Facilities
WP3 Green Belt
WP4 General criteria for assessing planning applications on land outside the areas of search in Policy 1 and other allocated sites
WP9 Sustainable Transport
WP10 Road Transport & Traffic
WP12 General Criteria for Assessing Waste Planning Applications
WP16 Soil, Air and Water
6.4 The following Planning Policy Statements are also material considerations:
PPS1 Delivering Sustainable Development
PPG2 Green Belts
PPG13 Transport
PPS10 Planning for Sustainable Waste Management
7. Planning Issues
7.1 The main planning considerations in the case are:
§ Continued protection of the green belt,
§ Visual impact
§ Need for waste facilities
§ Noise, and
§ Traffic
Green Belt
7.2 The site is located within the Metropolitan Green Belt wherein there is a presumption against inappropriate development except in cases where there are very special circumstances that clearly outweigh the harm to the Green Belt in terms of inappropriateness and any other harm.
7.3 The applicant acknowledges that the proposed development is inappropriate and proposes the following ‘very special circumstances’:
1. the main use (skip hire) is lawful having operated at the site since 1997. Skip waste recycling is a small and ancillary part of the overall development and thus represents only a small aspect of the inappropriate development
2. the separation of skip waste reduces the overall volume of waste being taken to landfill which has significant benefits in terms of sustainable waste management
3. there is an identified need for waste transfer facilities close to urban centres. The existing facility contributes to meeting the current needs of the area. Alternative sites (including those in preferred areas) might not come forward and this may lead to a shortfall for this type of facility,
4. the surrounding road network (M1, M25, A41) is suitable for HGV’s
5. the site is separated from residential areas
7.4 In terms of relevant waste policy, PPS10 identifies that some waste management facilities may have particular locational needs and may provide wider environmental and economic benefits related to sustainable waste management. These are material considerations that should be given significant weight when determining whether planning permission should be granted.
7.5 It is readily apparent that the proposed development constitutes inappropriate development which is by definition harmful to the green belt. Policy 16 of the Hertfordshire Waste Plan states that use of land in the green belt for the re-use, recovery, recycling and storage of waste will not be permitted unless it would maintain openness and not conflict with the purposes of including land in the green belt.
7.6 This part of the green belt is dominated by roads and characterised by hotels, caravan sites, cemeteries and open fields for grazing. The area is not distinguished in terms of visual or landscape quality however openness play an important role in this part of the green belt.
7.7 The site has direct access on to the A41 and the impact of HGV movements associated with the site (30 in, 30 out) would have minimal impact on the green belt. The site does not feature prominently in the landscape and is well screened. As such the proposal would not have a negative impact on the visual qualities of this part of the green belt.
7.8 Overall it is considered the proposal would not conflict with the purposes of including land in the Green Belt and would have little impact in terms of openness.
Visual Impact
7.9 There are established boundary treatments which screen the site from public views. The skip yard is not visually prominent due to the combination of the change in site levels and fences and hedging along the boundaries. There are no direct views of the site from the surrounding area.
7.10 The yard area in the northern part of the site where the waste separation takes place is enclosed and well screened from view. The operation takes places in the open air and no buildings are involved. Overall the waste use would have little visual impact. The site is not within an area of high visual quality and further landscaping work is required.
7.11 The operation has resulted in significant volumes of soil having been deposited on land to the north of the site. The applicant is in the process of removing the soil and restoring the land to an open field.