Proposed polythene film recycling and production facility, with associated parking and access.

The application was approved in accordance with the Case Officer’s recommendation.

(Proposed polythene film recycling and production facility, with associated parking and access.)

The Principal Planning Officer gave a presentation on the application.

In accordance with the criteria for public speaking, Mr P Corcoran of Madley Parish Council spoke in support of the Scheme.  Mr A Fowler-Wright, an adjoining owner, spoke in objection.  Mr G Davis, the applicant, spoke in support.

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, the local ward member, Councillor DC Taylor, spoke on the application.

He commented on a number of issues including:

·         The firm was a valuable employer.  There was a need to recycle waste from the existing factory and a plant should be provided on site as proposed.  This would bring additional jobs. 

·         The Parish Council supported the proposal.

·         A traffic management plan had been agreed.

In the Committee’s discussion of the application the following principal points were made:

·         The proposal had clear economic benefits.

·         The lack of a substantive response from the Environment Agency was questioned.  The Principal Planning Officer clarified the application process.  She confirmed that the Agency had not submitted an objection and there appeared to be no significant issues to be addressed.  If planning permission were granted the Agency would then have to consider an application for an Environmental Permit.

·         It was essential that the traffic management plan was managed effectively.  Clarification was sought on the concerns raised by the adjoining owner. The Transportation Manager confirmed that he was now satisfied that a satisfactory access could be secured through a condition and a section 278 agreement for highway works.

The local ward member was given the opportunity to close the debate.  He had no additional comments.

RESOLVED: That planning permission be granted subject to the following conditions:

1.         C01/A01 [Time limit for commencement (full permission)]

2.         C06/B01 [approved plans]

3.         C13/C01 [external materials]

4.         No development shall take place until the following sequential investigation has been submitted to and approved in writing by the local planning authority:

a)         A 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

b)         If the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to establish the nature and extent and severity of any contamination, incorporating the conceptual model for all potential pollutant linkages and an assessment of risk to identified receptors

c)         If the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed. The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

            Reason:   In the interests of human health, to ensure that the proposed development will not cause pollution to controlled waters or the wider environment and to comply with the requirements of policies S2 and DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

5.         Any such remediation scheme submitted under condition 4 above shall be fully   implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

            Reason:   In the interests of human health, to ensure that the proposed development will not cause pollution to controlled waters or the wider environment, and to comply with the requirements of policies S2 and DR4 of the Herefordshire Unitary Development Plan and the National Planning Policy Framework.

6.         No development shall take place unless or until a finalised comprehensive Traffic Management Plan (TMP) has been submitted to and approved in writing by the local planning authority.  The scheme shall include final details of the physical arrangements for the site entrance, to incorporate the following in particular:

•           A final detailed and annotated plan based on the previously submitted drawings 106C and 108B (Bay Associates);

•           Coloured surfacing within the highway boundary to define (a) pedestrian access across the site frontage and (b) connectivity between the 2 sites;

•           Rumble strip on the north edge to keep vehicles to the centre of the access;

•           ‘Give Way’ junction markings to delineate ‘in’ and ‘out’;

•           Footpath fronting the existing site, highlighted in red surfacing, to prevent HGVs parking and blocking visibility;

•           Planting overgrowth within the entrance to be kept trimmed back, to prevent visibility blocking;

•           Works to reinforce the roadside verge with kerbing on the opposite side of the U73209 for the length of the site access;

•           Comprehensive details of a road signage scheme to inform visiting drivers as to the various accesses and facilities at the site.

•           Reference to, and/or incorporation of, the details required in the following nine conditions as required by the Transportation Manager;

•           Reference to, and/or incorporation of, the previously approved TMP relating to the existing Gelpack Industrial site on adjacent land;

•           Provision for regular review of the scheme, audit, tool-box talks, revision if necessary.

            The TMP shall be implemented as approved and maintained for the life of the development hereby permitted.

            Reasons: In the interests of highway safety, to ensure that traffic management arrangements are effective, up-to-date and adaptable to current circumstances, to provide safe and workable access arrangements, to prevent indiscriminate parking on the highway and to accord with policies S6, DR3 and T8 of the Herefordshire Unitary Development Plan and the requirements of the National Planning Policy Framework.

7.         CAB/H03 – [Visibility splays]

8.         CAE/H06 – [Vehicular access construction]

9.         CAL/H13 – [Access, turning area and parking]

10.       CAO/H16 – [Parking/unloading provision]

11.       CAP/H17 – [Junction improvement/off site works]

12.       CAT/H21 – [Wheel washing]

13.       CAZ/H27 – [Parking for site operatives]

14.       CB2/H29 – [Secure covered cycle parking provision]

15.       CB3/H30 – [Travel plans]

16.       No development shall take place unless or until a comprehensive drainage scheme to show final detailed proposals and supporting calculations for surface water management have been submitted to and approved in writing by the local planning authority.  The scheme shall be based upon the submitted Drainage Strategy Report plus the addendum received on 7 August 2014 and shall also include the following in particular:

a)         Results of infiltration testing and contamination risk assessment in respect of all soakaways and/or any other systems that may be proposed;

b)         A large-scale site plan showing the location of all clean and dirty water drainage arrangements;

c)         An operational method statement for clean and dirty water management;

d)         Details of rainwater harvesting and storage if necessary;

e)         Details of final disposal or discharge;

f)          Details of proposed ownership and maintenance of the scheme and works;

g)         Evidence of any necessary agreements with other landowners or the highways authority as applicable.

h)         The drainage scheme shall be implemented as approved.

            Reason:  To prevent pollution of the water environment, to ensure adequate drainage arrangements to appropriate standards in advance of the development, and to comply with the requirements of policies S2, DR1, DR4 and DR7 of the Herefordshire Unitary Development Plan and the guidance in the National Planning Policy Framework

17.       Before the development hereby approved begins, a working Ecological Method Statement shall be submitted to and approved in writing by the local planning authority.  The Method Statement shall include the following in particular:

 a)        Confirmation that the protective recommendations set out in Section 6 of the submitted ecological report (Aspect Ecology July 2014) shall be followed;

b)         A habitat and biodiversity enhancement plan;

c)         The appointment of a named appropriately qualified and experienced ecological clerk of works (or consultant engaged in that capacity) to oversee the scheme.

            The Method Statement shall be implemented as approved.

            Reason:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010, policies NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan, and the National Planning Policy Framework with reference to section 11.  Also to comply with Policies NC8 and NC9 of Herefordshire’s Unitary Development Plan in relation to Nature Conservation and Biodiversity and to meet the requirements of the NPPF and the NERC Act 2006

18.       No external lighting shall be installed on the proposal site, including on the external elevations of the building, unless it accords with the submitted Lighting Scheme (Madera MD04 00 DEL01 002, 9 September 2014), the details of which are hereby approved as submitted.

            Reason:  To safeguard the character and amenities of the area, to prevent adverse effects on nocturnal wildlife, and to comply with Policies DR14, NC1, NC6 and NC7 of the Herefordshire Unitary Development Plan and the requirements of the National Planning Policy Framework.

19.       CCC/I43 [No burning of material/substances]

20.       Within the application site there shall be no outdoor deposit or storage of any waste, plastic, packaging or other materials

            Reason: To protect the appearance of the locality and to comply with Policy E8 of Herefordshire Unitary Development Plan.

INFORMATIVES:

1.         The local planning authority has acted positively and pro-actively in determining this by identifying matters of concern within the application as original submitted.  The authority has actively engaged in dialogue and negotiations with the applicant and his consultants to secure acceptable amendments.  As a result, the local planning authority has been able to grant planning permission for an acceptable proposal in accordance with the presumption in favour of sustainable development as set out in the National Planning Policy Framework.

2.         With regard to the requirements of condition 4, the following advice is offered:

a). The assessment is required to be undertaken in accordance with good practice guidance and needs to be carried out by a suitably competent person as defined within the National Planning Policy Framework.

b). We require all investigations of potentially contaminated sites to undertake asbestos sampling and analysis as a matter of routine and this should be included with any submission.

3.         Conditions 7 to 15 inclusive as detailed above may, if practicable, be addressed within the comprehensive Traffic Management Plan (TMP) required by condition 6 provided each of the above conditions is clearly identified.  The following notes are intended to assist in informing the content of the TMP.

Highways and Transportation  Informative Notes

(a)        I11/HN01 – Mud on highway

(b)       I45/HN05 – Works within the highway (Compliance with the Highways Act 1980 and the Traffic Management Act 2004

(c)        I08/HN07 – Section 278 Agreement

(d)       I05/HN10 – No drainage to discharge to highway

(e)        I52/HN21 – Extraordinary maintenance

(f)        I51/HN22 – Works adjoining highway

(g)       I47/HN24 – Drainage other than via highway system

(h)       I41/HN25 – Travel plans

(i)         I37/HN26 – Travel Plans

j)          I36/HN27 – Annual travel Plan Reviews

4.         I30/N11A – Wildlife and Countryside Act 1981 (as amended) - birds

5.         I46/N11B – Wildlife and Countryside Act 1981 (as amended) and The Conservation of Habitats and Species Regulations (as amended)

6.         I33/NC11C – Wildlife general

7.         This proposal is subject to the issue of an Environmental Permit by the Environment Agency.  The information detail to be submitted to the Agency in applying for the Permit should correspond and complement the planning permission and information relating to it.