PTE/14/82 Development Management Committee 26 November 2014

County Matter: Waste Torridge District: Change of use from B1, B2, B8 to Waste Transfer Use, installation of weighbridge and minor alterations to building fabric, at the Keystone Centre, Gammaton Road, Bideford Applicant: South Molton Recycle Application No: 1/1004/2014/CPZ Date application received by Devon County Council: 26 September 2014 Report of the Head of Planning, Transportation and Environment

Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that: (a) planning permission is granted subject to the conditions attached at Appendix

II; and, (b) a local liaison group is established to provide a mechanism for the

consideration of land use planning and environmental matters arising from the operation of the facility.

1. Summary 1.1 The proposal relates to the change of use of an existing industrial building to that of a

waste transfer facility for domestic waste materials collected at kerbsides from the Torridge area. The application also proposes minor alterations to the existing building to provide a loading bay and includes the installation of a weighbridge.

1.2 The main material considerations in the consideration of this application are an

examination of the proposal against planning policy; the impact on the amenity of neighbouring residential properties (in terms of loss of privacy, increase in noise, odour impacts, lighting impacts and infestation with vermin) impact of traffic (in terms of highway safety and congestion); and, future monitoring of activities at the site.

2. The Proposal/Background 2.1 The building is located within a residential area at East-the-Water, Bideford, with

access being provided from Gammaton Road. The total site area is around 1.1ha and the building is located within the central area of the site. The building is industrial in nature and has a floor space of around 4,330m2. Essentially the building is a large warehouse with separate office accommodation attached at the southern side and a workshop attached to the north. There are two vehicle accesses to the site, both from Gammaton Road. The northern entrance provides access to a proposed new loading bay and improved waste vehicle access into the building. This entrance would be used for waste deliveries to the site and for bulked up waste vehicles leaving the site. The second entrance, at the south of the site, provides access to a large car park, close to the office accommodation.

2.2 The north and east boundaries of the application site are shared with the rear of

residential properties, separated by a security fence and the rear gardens of the properties. Semi-mature landscape planting covers the majority of the site boundary with Gammaton Road.

2.3 The building has planning permission for B1 (light industrial), B2 (general industrial

and B8 (storage and distribution use). The building is currently unoccupied having been previously used by an electronics manufacturing company and latterly as a skills training centre.

2.4 The application proposes the change of use of the existing building to allow for the

sorting and storage of recyclable waste materials collected from the Torridge District Council area. The applicant company, South Molton Recycle, currently holds the contract from Torridge District Council to collect kerbside recyclable waste from residential properties in the Torridge area. The company also collect small quantities of recyclable waste from commercial premises.

2.5 Recyclable wastes would be delivered by collection vehicles to the site and all waste

materials would be unloaded within the building. The kerbside waste is segregated in the collection vehicles and would be transported to the facility and all vehicles would be unloaded inside of the building. Bays would be constructed within the building with each of the elements of waste stored separately within these bays. The only processing of waste is the separation of the ferrous from non-ferrous metals and the baling of metals, cardboard and plastic and this would take place within the building. When sufficient material is on site it would be loaded on heavy good vehicles for onward transportation to recycling facilities.

2.6 In terms of waste materials the applicant company currently collects glass, paper and

cardboard, plastics, aluminium can and foil, waste food and drink cartons, WEEE (Waste Electrical and Electronic Equipment) and batteries. The company does not currently collect waste food but this is included within the application should future contracts require the collection of this waste stream. The applicant estimates that the annual tonnage of waste material that would be dealt with at the site would be around 5,000 tonnes per annum, but has applied for permission to deal with up to 20,000 tonnes in order that the planning permission is consistent with the standard waste permit amount.

2.7 In order to accommodate the proposed operations to external alterations to the

building would be made. The first is an alteration to the shutter door on the west side of the building in order to increase the height to enable waste vehicles to enter the building. The second is the creation of a loading bay on the north side of the building which involves the removal of a window and provision of a new roller shutter door. This would allow for the direct loading of vehicles transporting bulked waste from the site. The application also proposes the installation of a weighbridge in the parking area at the north of the site and an outside, empty, skip storage area in the north eastern corner of the site.

3. Consultation Responses 3.1 Torridge District Council – no objection in principle. Request the imposition of

planning conditions relating to hours of operation; full details of how food waste would be dealt with (prior to any such use taking place); times of lighting; and provision and operation of a Travel Plan.

3.2 Bideford Town Council - views awaited (consulted on 30/09/2014). 3.3 Environment Agency - no objection. 4. Advertisement/Representations

4.1 The application was advertised in accordance with the statutory publicity

arrangements by means of a site notice, notice in the press and notification of neighbours by letter. In additional the applicant held a public meeting with concerned local residents following the submission of the planning application.

4.2 As a result of these procedures 49 letters/emails of objection were received.

Objections are on the basis of:

Site is in the wrong location, being located within a residential area and close to a primary school.

Noise impact from operations – including loading vehicles, sorting and baling of waste.

Light pollution due to early starting of operations. Odours arising from food, food packaging and collection vehicles. The use of the site would attract vermin such as rats and seagulls. Water pollution due to washing down of vehicles and storage areas. Risk of fires from storage of waste electrical items and flammable materials

(paper and cardboard). The road network is unsuitable to cater for the increase in traffic which would lead

to conditions of danger and increased congestion. The site is not well located to the strategic road network. The development will result in a further deterioration of the road surface. Given the location of the site within a residential area alternative, more

appropriate, uses should be found – e.g housing or commercial. The layout and configuration of the site does not lend itself to waste transfer

uses. The development is contrary to local plan policy that seeks to protect residential

areas. The development would devalue nearby properties.

4.3 Local MP, Geoffrey Cox QC, has written in support of the concerns raised by local residents and has requested that this application not be determined until a strategic review has been undertaken of alternative sites. 5. Planning Policy Considerations 5.1 In considering this application the County Council, as Waste Planning Authority, is

required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail in Section 6 below.

6. Comments/Issues 6.1 The main material considerations in the consideration of this application are an

examination of the proposal against planning policy; the impact on the amenity of neighbouring residential properties (in terms of loss of privacy, increase in noise, odour impacts, lighting impacts and infestation with vermin); impact of traffic (in terms of highway safety and congestion); and, future monitoring of activities at the site.

Planning Policy

6.2 The key relevant Development Plan Documents are the adopted Devon County

Waste Local Plan (2006) and the emerging Devon Waste Plan. The Emerging Devon Waste Plan is due to be adopted by the County Council on 11 December. In advance of then, the emerging Plan as endorsed and modified by the Inspector effectively has equal weight to the existing Waste Local Plan in terms of paragraph 216 of the NPPF. The adopted Torridge Local Plan and emerging joint North Devon and Torridge Local Plan provide further information on the determination of this application, particularly in terms of development in strategic centres, environmental protection and traffic and transportation.

6.3 In terms of national planning policy the NPPF does not contain specific policies on

waste but detailed waste planning policies are set out in the National Planning Policy for Waste (October 2014).

6.4 The National Planning Policy for Waste states, amongst other things, that when

determining waste planning applications, waste planning authorities should:

• only expect applicants to demonstrate the quantitative or market need for new or enhanced waste management facilities where proposals are not consistent with an up-to-date Local Plan. In such cases, waste planning authorities should consider the extent to which the capacity of existing operational facilities would satisfy any identified need.

• consider the likely impact on the local environment and on amenity against the criteria set out in Appendix B and the locational implications of any advice on health from the relevant health bodies. Waste planning authorities should avoid carrying out their own detailed assessment of epidemiological and other health studies.

• concern themselves with implementing the planning strategy in the Local Plan and not with the control of processes which are a matter for the pollution control authorities. Waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced.

6.5 The National Planning Policy for Waste Appendix B, locational criteria provides

information on factors that need to be taken into account in the determination of planning applications. In this case it is considered that the most relevant of these are traffic and access; air emissions; odours; vermin and birds; noise, light and vibration; and, potential land use conflict.

6.6 One of the primary considerations in the management of waste is the principle of

driving waste up the waste hierarchy. The recycling of domestic waste is high up the hierarchy and the National Planning Policy for Waste recognises that a mix of types and scale of facilities is required. This proposed facility is geographically well located for dealing with domestic waste collected from the Torridge area and will help maintain the high recycling rates achieved by Devon. This is consistent with National Waste Policy and the adopted Devon County Waste Local Plan (policy WPC1) and emerging Devon Waste Plan (policy W2).

6.7 The application site is located within a strategic centre as identified in the adopted

Torridge District Local Plan and policy DVT1 applies. This policy allows for development provided it is of a nature and scale consistent with the function and character of such centres and their capacity to provide necessary infrastructure. The

site has an existing use class of B1, B2, and B8 the proposed change of use to a Waste Transfer Building is acceptable in principle and is in accordance with policy DVT1 of the Torridge Local Plan.

6.8 It is considered that the principle of the proposal is consistent with National and Local

Waste Policy and District Plan Policy. The remainder of this section examines the proposal against specific planning issues and planning policies, arising from the fact that location of the proposed facility is within a residential area.

Amenity of local residents

Loss of Privacy 6.9 Residential properties back onto the site on the northern and eastern side separated

from the site by the back gardens and a security fence and there is potential for loss of privacy of these properties, particularly as the site has not been heavily used for some time. However, the building has an existing permission for commercial and industrial uses which could operate from this site and this proposed use would not result in additional impacts on neighbour’s privacy that might occur with the already permitted use. In this case the external operations would involve traffic related activities and a number of business operations could take place which could result in similar, or more intensive, outside uses.

Noise impacts

6.10 A number of concerns have been raised about the impact that the operations may have in terms of noise. The areas where noise might be an issue is during waste processing operations and noise associated with traffic.

6.11 In terms of traffic noise, the parking areas are located both to the north and south eastern parts of the site of the site and both of these areas are close to the rear boundaries’ of residential properties. The applicant confirms that collection vehicles are parked at the site overnight and would leave between 07.00 and 07.15 am. It is considered that this would leave to disturbance to the nearest properties, albeit for a short period of time. However, given the permitted use of the site it is not considered that early starting of vehicles would be a reason for refusal. It is open to Members to impose a planning condition restricting the times when vehicles leave the site, but this is not recommended in this case as the vehicle leaving time is not particularly early in the context of a commercial operation and any restriction on vehicle movement times would be likely to severely impact on the operations.

6.12 Concerns have been raised about noise associated with waste processing and transfer operations at the site. Waste deliveries to the site would be through a sliding door on the western side of the building, well away from residential properties, and all the transfer of the waste from vehicles would take place within the building. Processing operations relate mainly to the baling of metals, cardboard and paper and would also take place within the building. Given this it is not considered that these operations would be particularly disturbing to local residents.

6.13 The other potentially noisy element of the operation is the loading of the large

vehicles that would be used to transfer the segregated waste. It is understood that this would take place from the new loading bay at the northern side of the building. Waste materials are stored within the building until there is sufficient quantity to remove from the site in a bulk transporter and it is understood that this would happen, on average, once a day. The loading of waste material would take place

during the working day for a small time period. As this is a source of noise that is likely to be heard by residents (particularly when glass is being loaded) it would be appropriate to impose a planning condition restricting the times when such events can take place. Taking this proposed condition into account, it is considered that the loading of waste will not have a significant impact on residential properties, particularly when considered in the context of the permitted industrial uses.

6.14 The applicant states that the normal hours of operation are 07.00 to 17.00 Monday to

Friday but has applied for operational hours of 07.00 to 19.00 Monday to Saturday in order to allow for peaks in collection during the summer months and after New Year, when there are greater quantities of recyclable material to be collected. Saturday working is required on Saturdays following a Bank Holiday (when there is no collection) which happens six times a year.

6.15 Taking the above into account it is considered that, subject to the imposition of a

planning condition restricting the times of use to that set out above, but limiting Saturday working to only on Saturdays following a Bank Holiday, there is no objection to the proposal on the grounds of noise impact on local residents.

Odour and Vermin impacts 6.16 Concerns have been raised that the collection of food containers and waste food

would result in odours and the attraction of vermin, particularly rats and seagulls. At the present time the applicant company does not collect food waste, but this may be a future contractual requirement.

6.17 It is accepted that there is potential for odour to be an issue due to the collection of

food containers and this could attract vermin. However, it is reported that this is not an issue with the company operations at the existing depot, and given that all of the waste would be unloaded and stored within the building it is unlikely that it would be an issue at the proposed new site. Members will be aware that operations such as these require a waste permit from the Environment Agency and this permit will deal with pollution control requirements. In determining waste planning applications advice from Government advises that, “the focus of the planning system should be on whether the development itself is an acceptable use of the land and the impact of those uses, rather than any control processes, health and safety issues or emissions themselves where these are subject to approval under other regimes”. It is considered that should the site be operated properly there would not be an issue with odour or vermin, and in the event that planning permission is granted the operator would need to secure a permit from the Environment Agency which would provide the necessary level of control.

6.18 Notwithstanding the above, there is no information in the application as to how waste

food would be handled if this became part of the waste collection contract. It would be reasonable, in land use planning terms, that the waste planning authority is satisfied that this element of future operations can be carried out at the site without detriment to local amenity and it is recommended that a planning condition be imposed requiring details of handling of food waste before any such operations commence.

6.19 Taking the above into account it is considered that a facility of this nature can

operate in this location without adverse impacts in terms of odour and vermin infestation.

Water pollution

6.20 Objections have been raised on the grounds of possible pollution of water courses by

the washing down of collection vehicles in the yard area. Whilst these objections are noted, this is an issue that would be dealt with by the waste permit and it is noted that the Environment Agency has not raised any objection to this proposal.

Lighting impacts 6.21 Objections have been received on the grounds that residents will be disturbed by

additional lighting of the external areas. An appropriate level of lighting will be required to ensure the safe operation of the site and it is considered that such issues can be resolved by the implementation of a lighting scheme. In the event of planning permission being granted this would be required by planning condition.

Traffic and Transportation Issues 6.22 Based on evidence submitted by the applicant the traffic that will be generated by the

proposed use of the site would not be greater than that of uses permitted to be carried out on the site. The application form states that there are 144 existing parking spaces on the site and that the new site would employ 34 full time staff.

6.23 According to the information on the highway impacts the operator has 14 operational

vehicles that would leave the site in the morning and then return to the site in the afternoon. Along with this there will be staff parking to the front of the site. This can be assumed to be a maximum of 34 cars, one for each of the full time staff; however, this is likely to be lower due to the close proximity of bus stops for a high frequency bus service (21/21A).

6.24 Vehicles are stated to enter and exit the site via Gammaton Road and Manteo Way

travelling onwards to the A39. Based on the restricted widths and residential nature of the road network between the site and Bideford Bridge (which itself has a 3 ton limit), it is very unlikely that any driver, other than vehicles collecting in East-the Water, would want or need to drive this way when there is such a large and easy to use route to the A39 via Manteo Way.

6.25 The applicant has indicated that:

In a normal operation vehicles would leave the site at 7.15am via Gammaton Road and towards Manteo Way.

The office staff arrives via the office staff entrance to the site for 9am. Collection vehicles start returning to the depot to unload at 2.30pm from Manteo

Way. At 4pm the depot finishes for the day with all vehicles being parked up after

unloading is completed. At 5pm the office staff leave.

Therefore, other than some office staff travelling by car, with others using the bus or walking/cycling, no vehicular trips are expected to be in peak hours. All collection vehicles will be using Manteo Way as access to/from the site.

Highway Safety 6.26 Concerns have been raised about safety implication of vehicles operating at a site

close to a primary school. The local primary school is situated to the north of the site separated from it by residential development and a public highway. As the collection vehicles will leave the site via Gammerton/Manteo Way traveling away from the school and before school operating hours and will return at varying times during the day it is unlikely that there will be any conflict between the two operations.

Travel Plan 6.27 In its consultation response Torridge District Council has requested that a Travel

Plan be required by planning condition prior to the development commencing, in compliance with Torridge District Local Plan saved policies DVT17 (transport routes) and DVT1 (impact of development on traffic). The application site has a large car park and it is likely that most of the 34 employees would travel by private car. However, the area is well served by public transport and given the scale of the operation it is considered that it would be appropriate to require a travel plan

Future Monitoring of the Use Facility 6.28 With significant, controversial and locationally sensitive waste facilities such as the

one proposed the Waste Planning Authority recommends that the operator set up a Local Liaison Group. Such groups have been formed for a number of waste sites in the County and have proved useful to facilitate a dialogue between the operator, regulatory bodies and local residents.

7. Reasons for Recommendation/Alternatives Options Considered 7.1 The Committee has the option of approving, deferring or refusing this planning

application. 7.2 Geoffrey Cox MP requests that the application be deferred pending a strategic

review of alternative sites is undertaken is noted. In determining this application it is considered that Members have sufficient information and, whilst the site is not allocated for specific waste purposes, it has an existing industrial use, and is considered to be in accordance with local policy. Given this it is considered that the applicant is not required to demonstrate need nor provide information on alternative sites.

7.3 Taking all material issues into account it is considered that it is appropriate to grant

planning permission in accordance with the recommendation to this report.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Bideford East

Local Government Act 1972: List of Background Papers Contact for enquiries: Andy Bowman Room No: ABG, County Hall Tel No: 01392 382967

Background Paper Date File Ref.

Casework File DCC/3702/2014

ab171114dma sc/cr/weighbridge keystone centre gammaton road bideford 03 181114

Appendix I To PTE/14/82

Planning Policies Relevant to the Proposal National Planning Policy Framework (2012) National Planning Policy for Waste (October 2014) Devon County Waste Plan (Adopted June 2006): ‘Saved’ Policies: WPC1 (Sustainable Waste Management); WPC2 (Development Control Considerations); WPP4 (Consideration of Proposals at Sites Not Allocated in the Plan); WPP20 (Transportation of Waste); WPP22 (Health and Air Quality); and, WPP30 (Waste Transfer Stations). Emerging Devon Waste Local Plan (October 2014): Policies W1 (Presumption in Favour of Sustainable Development); W2 (Sustainable Waste Management); W5 (Reuse, Recycling and Materials Recovery); W6 (Energy Recovery); W6C (Hill Barton); W7 (Waste Disposal); W11 (Biodiversity and Geo-diversity); W12 (Landscape and Visual Impact); W13 (The Historic Environment); W16 (Natural Resources); W17 (Transport and Access); W18 (Quality of Life); W19 (Flooding); and W20 (Restoration and Aftercare). Torridge District Local Plan 1997 - 2011 (Adopted September 2004): ‘Saved’ Policies: DVT1 (Development in Strategic Centres); DVT7 (Design Considerations); DVT11 (Impact of

Development on Amenity); DVT 18 (Impact of Development on Traffic); DVT19 (Access and Parking); and, ECD2 (General Employment Areas). North Devon and Torridge Local Plan (Publication Draft 2014): Policies ST01 (Principles of Sustainable Development); ST11 (Delivering Employment and Economic Development); DM01 (Amenity Considerations); and, DM02 (Environmental Protection).

Appendix II To PTE/14/82

Planning Conditions

1. The development shall commence within three years of the date of this

permission.

REASON: In accordance with Section 91 of the Town and Country Planning Act 1990.

2. The development shall be carried out in strict accordance with the details

shown on the approved drawings and documents numbered ***** unless varied by the conditions below.

REASON: To ensure that the development is carried out in accordance with the approved details.

4. Operations shall not take place other than between 07.00 and 19.00 on

Mondays to Fridays and 07.30 and 19.00 on Saturdays following a Bank/Public Holiday. There shall be no working on Sundays and Public Holidays.

REASON: To protect the living conditions of nearby residents.

5. Prior to the development being brought into use an external lighting scheme

shall be submitted to and agreed in writing with the Waste Planning Authority and implemented thereafter as such.

REASON: In the interests of the appearance of the area and the amenities of neighbouring properties.

6. No waste materials shall be stored outside of the building.

Reason: To reduce the impact of the development on local residents immediately adjacent to the site.

7. All vehicles shall unload within the building. The loading of vehicles leaving

the site with bulked materials shall only take place between 09.00 and 16.00 hours Mondays to Friday.

Reason: To reduce the impact of the development on local residents immediately adjacent to the site.

8. Before any food waste is dealt with at the site a scheme detailing the

management and storage of food waste shall be submitted in writing to the Waste Planning Authority. Following approval the development shall be carried out in accordance with the approved scheme, or any alternative scheme that might be subsequently approved.

Reason: To ensure that it will not have an adverse impact on the neighbouring amenities.

9. Prior to the facility being brought into use a Travel Plan should be submitted

and approved in writing by the Local Planning Authority. The travel plan shall be implemented in accordance with that approved and any revisions to the agreed travel plan should be submitted and approved in writing by the Waste Planning Authority.

Reason: To ensure that what limited sustainable travel measures to the site are available and implemented and used.