DEVELOPMENT CONTROL AND REGULATION COMMITTEE 29 September 2009

A Report by the Head of Environment _____________________________________________________________________ Application No 4/09/9006 District Copeland Applicant Mr Timothy West Date of Receipt 21 July 2009

Whin Bank Whitehaven

_____________________________________________________________________ PROPOSAL Creation of composting and tyre baling operations, and change of use of the existing agricultural storage building to house a plasterboard

recycling operation Wilsons Pit Yard, High Road, nr Sandwith, Whitehaven, Cumbria, CA28 9QJ _____________________________________________________________________

RECOMMENDATION 1.1 That planning permission is GRANTED for the reasons stated in Appendix 1 and

subject to the conditions in Appendix 2.

2.0 THE PROPOSAL 2.1 This application is for the creation of composting and tyre bailing operation and

for change of use of the existing agricultural storage building to house plasterboard recycling operation. The site would also be used for screening soil and stone from excavations. Composting already takes place on the site and some baled tryes have been used for site construction works. The installation of a weigh bridge and siting of site cabin is also included in the application. The site area is 0.88 hectares.

2.2 The site is located between the village of Sandwith and Whitehaven and lies to

the south of the former Marchon chemical works site. The site is bounded on the south and east by agricultural land and to the west and north by the former Marchon site. The boundary at this point was the site of a landfill for industrial waste deposited in the 1990’s containing some naturally occurring radioactive material.

2.3 Wilson Pit Yard was an industrial yard on the site of a former coal mine. From 1970 until 1985 it was used as a plant storage and maintenance depot for plant hire companies supplying the former chemical works. The site was closed in 1985 and left derelict until 2001, when purchased by the applicant. Planning permission was granted in 2008 for the erection of an agricultural building for the storage of machinery and grain in connection with the applicant’s farming business which is currently in the village Rottington 2.2 km to the south of the site.

2.4 The sources of material for the development are from Copeland Borough Council green waste collection service, tyre recycling from businesses within the area and plasterboard recycling as this material cannot now be disposed straight to landfill anymore. (no facilities are currently available in the area, the nearest facility being at Penrith). Compost from the site would be spread on agricultural land in the area.

2.5 The applicant has indicated that in terms of scale the current target is to compost 12,500 tonnes, mainly from the Borough Council, but with capacity for up to 25,000 tonnes. The screening of soil and stone would give rise to no more than 500 tonnes on site at any time and tyres would be similiarly limited to 1000 tyres at any time.

2.6 The site is allocated as Employment Opportunity Land and forms part of the larger employment opportunity allocation for the former Marchon site in the Copeland Local Plan.

2.7 Access to the site is via High Road. This is an existing access and would be modified on the advice received from the Highway Authority to improve visibility splays for the site. It is anticipated that up to 25 vehicles would visit the site each day. There will also be tractor movements for the deposit of compost to the applicant’s fields.

2.8 It is proposed to operate the site between the hours of 08:00 to 17:30 Monday to Friday and 08:00 to 13:00 on Saturday with no working on Sunday, Bank or Public Holidays.

2.9 The nearest residential property to the site is 350 metres to the south of the site.

2.10 The proposed development could create up to 5 full time jobs in the next 18 months.

2.11 Members of Development Control and Regulation Committee visited the site on 15 September 2009.

3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Copeland Borough Council (Planning) - Whilst the Council commends the

creation of a waste recycling facility it is concerned that the current application may prejudice the long term redevelopment of the site and surrounding land which is identified as an employment opportunity site is of strategic importance to the regeneration of Whitehaven and the coastal fringe. In this context it is considered appropriate that a strategic assessment of all other available alternative sites is carried out to ascertain whether there is a more appropriate location that could accommodate this type of facility before any decision is made on the proposal.

3.2 Following further discussions Copeland agree that a temporary consent is appropriate in the circumstances but feel strongly that this should not be for a longer period than 3 years. The Council's core strategy should be adopted within this timescale and housing market renewal at the nearby Woodhouse estate is already underway. It is also worth bearing in mind the retrospective nature of this application whereby the capital outlay has already been made.

3.3 Copeland Borough Council (Environmental Health) – No response to date.

3.4 Highway Authority - There are no objections to the proposal from a highway point of view, subject to the following recommended conditions being included in any Notice of Consent which may be issued regarding surface water discharge onto highway.

3.5 Fire Service - No objection to the application in respect of water supplies. Access for fire service vehicles must be in accordance with approved document B5 of the Building Regulations 1991.

3.6 Environment Agency - No objection in principle.

3.7 Natural England - This proposal lies within 3 km of St Bees Head Site of Special Scientific Interest, our opinion is that the proposed development will not materially or significantly affect it. We are satisfied that the proposal does not have any significant impacts upon Natural England’s other interests including protected landscapes, national trails, access land or the areas of search for new national landscape designations and marine conservation zones.

3.8 The local Member Kells & Sandwith – Mrs W Skillicorn - The issues which are of particular concern to residents of the nearby estates are dust and odour. Whilst the risk of nuisance is described as low I know that in the week of 29th July a strong odour was noticeable on the Woodhouse and Greenbank estates which

residents associated with current operations at the site. If development goes forward what systems will be put in place to effect swift and effective remedial action by operators and regulators in the unfortunate event of a nuisance arising. Will clearly advertised contact details allow members of the public to report concerns and or complaints to the company? Does the company have a designated person at senior level who will ensure nuisance does not arise?

The nearby estates of Woodhouse and Greenbank are currently being re-developed with an unprecedented investment to make the area a good place to live. It would be unfortunate in the extreme if the quality of life of current and future residents were to be adversely affected

3.9 Two letter of representation have been received who are concerned with regards to smells, dust, pollution and increase in traffic.

4.0 PLANNING ASSESSMENT

Introduction 4.1 The site has currently been operating for around 12 months, composting material

from the farm belonging to the applicant and depositing it onto his land as part of the normal agricultural use of the land. Business has since expanded and now includes Copeland Borough Council’s green waste and the recycling of tyres. Because of this the development now requires planning permission.

4.2 The nearest composting facility is in Flimby roughly 12 miles north of the site in Allerdale. The nearest plasterboard recycling is Flusco, Penrith (Eden) roughly 45 miles east of the site. There are currently no facilities in the Borough for recycling tyres.

Policy 4.3 Policy DP5 of the Regional Spatial Strategy (RSS) and Policy DC 1 of Cumbria

Minerals and Waste Development Framework (MWDF), Generic Development Control Policies identifies the need to reduce road miles and indicates that sites should be located close to strategic road networks to minimise operational “minerals and waste road miles”.

4.4 Policy DC4d of the Cumbria Minerals and Waste Development Framework 2009

(the MWDF) established a presumption in favour of planning permission being granted for composting by open windrow methods subject to there being adequate stand off distances from other land uses. This policy indicates that appropriate locations for these facilities would be on farms or open countryside locations or on isolated industrial estates or waste management sites. (Other forms of composting would be permitted where odours and emissions to atmosphere are satisfactorily contained by effective enclosure and other techniques).

4.5 The policy identifies the most likely potential environmental impacts that may

arise from composting process namely odours, potential dust and bioaerosol emission and potentially noise from operation of equipment such as shredders.

4.6 Copeland Local Plan Policy EM3 identifies the land as an employment

opportunity site, as part of the much larger former Marchon site opposite. Whilst

this appears to be a flexible policy designed to enable a range of uses to be considered it does not on the face of it appear to preclude development of the type proposed.

Traffic 4.7 It is proposed the site would be accessed by the route which has been used in

the past by vehicles accessing the former Marchon site, this leads onto B5345 (Whitehaven to St Bees Road) which connects to the A595 trunk road. There would be a maximum of 25 lorries delivering to the site each day when the site is running at full capacity, which equates to roughly 5 vehicle movements per hour entering or leaving the site. The application indicates that these would be vehicles of various sizes but the loads are likely to be only 10 tonnes, presumably because of the high volume but low weight of green waste. Material leaving the site would utilise this transport when possible but the composting operation is likely to be more cyclical with material taken in batches from the site to local farms using tractors and trailers. It would be possible to control traffic levels by an appropriately worded condition. However, in this instance a condition is recommended on the total tonnage to be delivered to the site which would be easier to monitor and would provide control over the overall scale of operations. Highways have raised no objection to the proposal.

Landscape and Visual Impact 4.8 The site is located on a prominent hillside location, which forms part of the

coastal fringe from Whitehaven to St Bees. The site is screened by existing mature hedgerows and trees with the existing agricultural building the only visible element. Travelling towards the site from the former Marchon factory the site is shielded from public views by the former landfill site, and from the east and south of the site by the nature of the landscape and trees and hedges around.

4.9 Stock piles could have an impact on the surrounding landscape if not controlled.

An appropriately worded condition could be imposed on any planning permission restricting the height of stock piles to 4 metres to control the visual and landscape impact. (Windrows of compost at the height (around 3 metres) seen when the Committee visited the site were not visible outside the site).

Emissions of bio-aerosol, odours, noise and dust

4.10 Bio-aerosols comprise a mixture of spores and other micro-organisms that arise

from the composting process. Together with odour there is potential for there generation, particularly when compost is being turned, and they can in certain circumstances give rise to respiratory problems (staff on site would be expected to use appropriate protective measures by Health and Safety Legislation). Guidance from the Environment Agency indicates that a stand off of 250 metres from residential properties would normally be appropriate if additional pre-cautions are not provided. The site is currently 350 metres from the nearest sensitive receptor and therefore bio-aerosol would not be expected to have a significant impact. (Operations would also be controlled by a permit from the Environment Agency).

4.11 One complaint has been received by Environmental Health with regards to odour

in the area. (This was the same incident as that referred to by the local

member). When investigated this proved to arise from the chicken farm in Sandwith who had been spreading manure onto their land and not from the application site. My experience is that complaints of this type are made against many waste sites but turn out on investigation to arise from other sources as in this case. As with bioaerosols I believe that the distance of the site from receptors means that there is a low risk of odour problems. This can also controlled by an appropriately worded condition.

4.12 The local member also raised the issue about contact numbers. The site would

be subject to a permit from the Environment Agency if planning permission is granted. This would require a site on site providing contact details for the EA in the event of complaints.

4.13 Given the distance from receptors noise and dust from the site are also not expected to give rise to problems.

Impact on Future Regeneration of Whitehaven

4.14 Concern has been raised by Copeland Borough Council with regards the impact

the proposal would have on the future regeneration of this area including the creation of coastal fringe area from Whitehaven to St Bees. This takes in part of the former Marchon Site which is proposed for mixed used development including employment, open space and residential development. There are currently no specific policies or Area Action Plan prepared with regards to this.

4.15 Copeland initially suggested that a strategic assessment of all other appropriate

sites is undertaken before permission is granted. Given the small scale nature of this development it is unrealistic to expect the applicant to carry out this work. He has only one site and it is the role of planning to determine if the use proposed is appropriate. The County Council is currently working on the next stage of the Minerals and Waste Development Framework relating to Site Allocations for Minerals and Waste. (the Core Strategy was adopted in April 2009). A further informal consultation commenced on 18 September on potential sites and includes a number within Copeland. However, it is not known at this stage if any of these will be brought forward for this type of operation.

4.16 There is also a question of timescale. The Site Allocations document is unlikely

to be adopted before the end of 2010 and Copelands Local Development Framework (LDF) is at an earlier stage. It is unreasonable to expect development to be held in abeyance whilst these documents go through the process. It is also difficult assess the extent to which a development of the type proposed would impact the overall development of the area, given the aspirational nature and early stage of Copeland’s proposals. This also has to be viewed against the current national economic picture, which is likely to impact investment for a number of years into the future.

4.17 Following the committee site visit on 15 September I have had discussions with

Copleand about the acceptability of granting a temporary planning permission to enable the position to be reviewed as the policy position becomes clearer. They have indicated that this approach would be acceptable but consider that any permission should be for a three year period. They anticipate that their LDF should have been prepared by then and point out that a housing renewal scheme is already underway on the Woodhouse Estate, although this residential area is

about 500m from the development and unlikely to be directly affected by it.

Human Rights Act 1998 4.17 The proposal will have a limited impact on the visual, residential and

environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.18 The land is allocated at Employment Opportunity Land within the Copeland Local Plan, which does not appear to preclude this type of development. However, the Borough Council has expressed concerns with regards to the future overall development of the area although to date no Area Action Plan or adopted policy has come forward and Copeland’s LDF seems to be at a relative early stage.

4.19 I do not consider that the proposal would have a significant impact on existing adjacent land uses and there have been no objection from the public or consultees other than Copeland, who also recognise the benefit of the type of use proposed on this land in principle. As such it would be difficult to refuse the proposal outright. In line with recent discussions with Copeland I recommend the granting of a temporary permission on the land, expiring on 31 December 2012, a period of approximately 3 years. This would allow Copeland Borough Council to establish a clear policy for the area and the County Council the opportunity to monitor the site to ensure the development is compliant and does not outgrow the site. At the end of the period the continuing operations of the site could be reviewed in the light of circumstances prevailing at that time.

Shaun Gorman Head of Environment Contact Mrs Jayne Petersen, Kendal, tel: 01539 713549, email: jayne.peterson@cumbriacc.gov.uk Background Papers Planning Application File Reference No. 4/09/9006 Electoral Division Identification Kells & Sandwith \\ccc-prdc-fp05\kendal\filing\planning\applications\copeland\2009\4099006\4099006 report 090929 dcr.doc

Appendix 1 Ref No. 4/09/9006

Development Control and Regulation Committee - TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED) SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION 1 This application has been determined in accordance with the Town and Country

Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council

before granting permission were as follows: North West Regional Spatial Strategy (September 2008) Policy EM10 – A regional approach to waste management Plans, strategies, proposals and schemes should promote and require the provision of sustainable new waste management infrastructure, facilities and systems that contribute to the development of the North West by reducing harm to the environment (including reducing impacts on climate change), improving the efficiency of resources, stimulating investment and maximising economic opportunities. Plans and strategies should reflect the principles set out in the Waste Strategy for England 2007 and PPS 10. They should seek to achieve the following regional waste targets and to exceed them where practicable.

- growth in municipal waste to be reduced to zero by 2014; - 40% of household waste to be reused, recycled or composted by 2010; 45%

by 2015 and 55% by 2010; - Value to be recovered from 53% of municipal solid waste by 2010 (including

recycling/composting) and 67% by 2015 and 75% by 2020; - Zero future growth in commercial and industrial wastes by 2020. - Value to be recovered from at least 70% of commercial and industrial wastes

by 2020 (including recycling/composting). Policy EM11 – Waste Management Principles Every effort should be made to minimise waste, maximise re-use and maximise opportunities for the use of recycled material. Such residual waste as does arise should be managed at the highest practicable level in the Governments waste hierarchy. The following sequence of initiatives should be followed, and appropriate facilities provided :

- first waste minimisation and - maximise the re-use of waste for the same or different purposes; then - composting or recycling (for instance through streamed “kerbside” collections,

“bring” banks, civic amenity sites, and centralised recycling facilities); then

- intermediate treatment of wastes that cannot readily be composted or recycled (through anaerobic digestion or mechanical biological treatment (MBT)); or

- treatment to deal with hazardous materials; then - recovery of energy from residual waste and refuse derived fuels (by a range

of thermal treatments); and finally - disposal of residual wastes by landfilling (or land-raising) including the

recovery of energy from landfill gas where practicable. Policy EM12 – Locational Principles Waste planning and disposal authorities should provide for communities to take more responsibility for their own waste. The final residue, following treatment of municipal commercial and industrial waste should be disposed of in one of the nearest appropriate installations. Local Authorities should ensure that waste management facilities are sited in such a way as to avoid the unnecessary carriage of waste over long distances. In considering the location of new waste management facilities they should take account of the availability of transport infrastructure that will support the sustainable movement of waste, seeking when practicable to use rail or waste transport. They should also take account of the environmental impact of the proposed development. Cumbria Minerals and Waste Development Framework - Core Strategy and Generic Development Control Policies - April 2009 Core Strategy Policy 2 – Economic Benefit Proposals for new minerals and waste developments should demonstrate that they would realise their potential to provide economic benefit. This will include such matters as the number of jobs directly or indirectly created or safeguarded and the support that proposals give to other industries and developments. It will also be important to ensure that minerals and waste developments would not prejudice other regeneration and development initiatives. Core Strategy Policy 8 – Provision for waste Provision will be made for the management of all of Cumbrias waste within the county, with the acceptance of limited cross boundary movements (net self sufficiency). Any proposals to manage significant volumes of waste from outside the county could have to demonstrate that the local, social and economic benefits outweigh other sustainability criteria. These other criteria include the impacts of the additional “waste miles” and the principles of managing waste as close as possible to its source, with each community taking responsibility for its own wastes and taking account of the nearest appropriate facility. Any proposals would have to demonstrate that their environmental impacts are acceptable. Development Control Policy DC1 – Traffic and Transport Proposals for minerals and waste developments should be located where they :

a. are well related to the strategic route network as defined in the Local

Transport Plan, and/or b. have potential for rail or sea transport and sustainable travel to work, and c. are located to minimise operational “minerals and waste road miles”

Development Control Policy DC4 – Criteria for waste management facilities Waste management facilities that accord with Core Strategy Policies 2, 8 and 9 and which do not have adverse environmental impacts, will be permitted if they conform to the locational and other criteria:

Open windrow green waste composting will be permitted where adequate stand off distances can be established to safeguard other land uses from odours and emissions, and development is on :

i. farms or open countryside locations, or ii. isolated industrial estates or waste management sites.

Copeland Local Plan 2006 Policy EMP 3: Employment Opportunity Sites Areas of land at Whitehaven, Cleator Moor and Egremont have been delineated on the Proposals Map as Employment Opportunity Sites. These areas are being investigated as to their future development potential and contribution they can make to the regeneration strategies in the Borough. Detailed implications and locational issues associated with these sites will be the subject of future planning policy documents as soon as practicably possible. 3 In summary, the reasons for granting permission are that the County Council is of

the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No. 4/09/9006

Development Control and Regulation Committee – 29 September 2009

Conditions 1. This permission shall be for a limited period only expiring on 31 December 2012

by which date the operations hereby permitted shall have ceased. Reason: The Local Planning Authority considers that the restricted time limit specified, having regard to Section 51 of the Planning & Compulsory Purchase Act 2004, is applicable in this instance. 2. No materials imported onto the site shall be stacked or stored within the site to a

height greater than 4 metres above the level of the ground on which they area placed.

Reason : To minimise the potential for there to be any adverse visual impact arising

in accordance with Policy D4 of the Cumbria Minerals and Waste Development Framework 2009.

3. The total quantity of material imported to the site shall not exceed :-

Compost - 25,000 tonnes Plasterboard - 2,000 tonnes

in any year as measured over any 52 week period. This material shall not be stored outside the designated areas as shown on the approved plan.

Reason : To minimise the potential for there to be any adverse environmental

impact in accordance with policies DC1, DC2, DC3, DC4 and DC14 of the Cumbria Minerals and Waste Development Framework 2009.

4. The total amount of construction waste (including both processed and

unprocessed materials) shall not exceed 500 tonnes on site at any time. Reason: In the interests of visual amenity 5. The total number of tyres to be recycled within the site shall not exceed 1,000 at

any one time. The tyre storage shall be restricted to the area identified on the approved plan (south-west corner).

Reason: In the interests of visual amenity 6. No use, operation or activity for the development hereby permitted, shall be

carried out outside of the area edged red approved with this permission. Reason : To define the type of waste that may be imported onto and deposited

within the site. 7. The site shall not be operated for the purposes of composting after twelve

months from the date of this permission unless a management and control plan has been deposited with the Local Planning Authority demonstrating the implementation of a control system for the minimisation of odour generation from the permitted operations.

Reason : To prevent any adverse impact on sensitive uses arising from odour

generation in accordance with Policy DC4 of the Cumbria Minerals and Waste Development Framework 2009.

8. No fuels, oils, or any other potentially polluting liquids shall be stored within the

site except in a tank or multiple tanks set within an impervious bund set on an impervious base and with a capacity of not less than 110% of the tank or tanks if there is multiple tankage. Any fill and draw valves shall be sited within the bund and directed to discharge downward into the bund.

Reason : To prevent any incident of ground or water pollution in accordance with

Policy DC3 and DC4 of the Cumbria Minerals and Waste Development Framework 2009.

9. No operations shall take place on site outside the hours: 08.00 to 17.30 hours Mondays to Fridays 08.00 to 12.30 hours on Saturdays. No operations shall take place on Sundays or on Bank or Public Holidays. However this condition shall not operate so as to prevent the use of pumping

equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery used on site.

Reason: To safeguard the amenity of nearby residents, in accordance with Policy DC2

of the Cumbria Minerals and Waste Development Framework. 10. Details of the height, type, position and angle of glare of any floodlights shall be

submitted to and approved in writing by the Local Planning Authority prior to the development hereby permitted being brought into use. The details and measures so approved shall be carried out and maintained thereafter whilst ever the use subsists.

Reason: In the interests of visual amenity 11. The whole of the access area bounded by the carriageway edge, entrance gates

and the splays shall be constructed and drained to the specification submitted to the Local Planning Authority for approval, within 3 months of the date of this permission. When approved the works shall be carried out in their entirety within 3 months of the date of approval.

Reason : In the interests of road safety. 12. All plant, machinery and vehicles used on site shall be effectively silenced at all

times in accordance with the manufacturer's recommendations so as to minimise the level of noise generated by their operation.

Reason : To safeguard the amenity of local residents by ensuring that the noise is minimised and so does not constitute a nuisance outside the boundaries of the site, in accordance with Policy 2 of the Minerals and Waste Local Plan.

13. No vehicles shall leave the site in a condition that would give rise to the deposit of mud, dust or other debris on the public highway.

Reason: In the interests of highway safety. 14. A landscaping scheme along the northern western boundary of the site shall be

submitted to the Local Planning Authority for approval within 3 months of the date of this permission. When approved the scheme shall be implemented in the first available planting season.

Reason :- In order to protect the visual amenities of the area.