Agenda item

DCNW2006/0030/N - HATTON GARDENS INDUSTRIAL ESTATE, KINGTON, HEREFORDSHIRE, HR5 3DE [AGENDA ITEM 9]

Ward: Kington Town

Minutes:

Renewal of permission for household waste site, (previous permission NW00/1991/N).

 

The Senior Planning Officer (Minerals and Waste) reported that page 55, paragraph 6.13, of the report should refer to 23rd August and not 31st August.  She reported the verbal response of the Head of Environmental Health and Trading Standards confirming that the proposal was still included in the latest waste strategy.  She also reported the receipt of a letter of objection from Mr. Eddington and Miss Roddy.

 

Councillor T.M. James, the Local Ward Member, expressed his surprise at this application given that negotiations between the landowner and contractor were apparently at a standstill and there had been no exploration of other potential locations.  He felt that the site was constrained and that the case for the material changes had not been made.

 

In response, the Senior Planning Officer (Minerals and Waste) commented that she did not know the motives of the applicant but Severn Waste had confirmed that they wanted the renewal of the permission.  The Development Control Manager advised that the person who made the application was not a material planning consideration and that the key issue here was the potential impact of the proposal on the locality.  He commented that the location of the site was considered acceptable given that it was at the end of an industrial estate and next to a sewage works.  He acknowledged that there were minor layout changes but did not feel that a refusal reason based on that ground could be sustained.

 

Councillor James maintained his view that the application should be refused as he felt that the proposal was contrary to Local Plan policies A27 and A28.  He also drew attention to the fact that vehicles accessed the industrial estate via a residential road.

 

A number of Members felt that, on balance, there were no valid planning reasons to warrant refusal given the identified need for the facility and the previous permission granted.

 

A motion to refuse the application failed and the resolution below was then agreed.

 

RESOLVED:

 

That planning permission be approved subject to the following conditions:

 

1 -     A01 (Time limit for commencement (full permission)).

 

         Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2 -     A07 (Development in accordance with approved plans).

 

         Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development in accordance with Policy A1 of the Leominster District Local Plan.

 

3 -     B01 (Samples of external materials).

 

         Reason: To ensure that the materials harmonise with the surroundings.

 

4 -     F32 (Details of floodlighting/external lighting).

 

         Reason: To safeguard local amenities to comply with Policy A13 of the Leominster District Local Plan.

 

5 -     F34 (Restriction on level of illuminance of lighting).

 

         Reason: To minimise the impact of the lights and to protect the residential amenity of nearby dwellings to comply with Policy A13 of the Leominster District Local Plan.

 

6 -     F35 (Details of shields to prevent light pollution).

 

         Reason: To minimise light overspill and to protect the amenity of neighbouring properties to comply with Policy A13 of the Leominster District Local Plan.

 

7 -     F44 (Investigation of contaminated land).

 

         Reason: To ensure that potential contamination of the site is satisfactorily assessed to comply with Policy A17 of the Leominster District Local Plan.

 

8 -     F45 (Contents of scheme to deal with contaminated land).

 

         Reason: To ensure that potential contamination is removed or contained to the satisfaction of the local planning authority to comply with Policy A17 of the Leominster Distict Local Plan.

 

9 -     F46 (Implementation of measures to deal with contaminated land).

 

         Reason: To ensure contamination of the site is removed or contained.

 

10 -   G02 (Landscaping scheme).

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment in accordance with Policy A12 of the Leominster District Local Plan.

 

11 -   G03 (Landscaping scheme implementation).

 

         Reason: To ensure a satisfactory and well planned development and to preserve and enhance the quality of the environment in accordance with Policy A12 of the Leominster District Local Plan.

 

12 -   G13 (Landscape design proposals).

 

         Reason: In the interests of visual amenity.

 

13 -   G14 (Soft landscaping works).

 

         Reason: In the interests of visual amenity.

 

14 -   No materials whatever shall be sold to the public from this site other than bagged, composted green waste processed and produced by the operator.

 

         Reason: In order to define the permission and because retail sales of other materials would give rise to environmental concerns that would necessitate further consideration.

 

15 -   Notwithstanding the submitted plans, none of the works hereby permitted shall be undertaken until a proposal for the construction and maintenance throughout the use of the site as a Household Waste Site, a 1.2 metre high close-boarded timber fence along the ramp adjoining the south-western and north-western corners of the site have been submitted to and approved in writing by the local planning authority.  The fence shall be erected in accordance with the approved scheme and shall be additional to the proposed 2.1 metre high perimeter security fence detailed in the submission.

 

         Reason: In the interests of public safety and to protect the amenity of local residents and other users of the site.

 

16 -   F02 (Scheme of measures for controlling noise).

 

         Reason: In order to protect the amenity of occupiers of nearby properties.

 

17 -   There shall be no storage or stockpiling whatever of waste or any other materials on or around the site other than in the designated containers, skips, bins and enclosures provided for the purpose.

 

         Reason: To prevent pollution and nuisance in the interests of the amenity of local residents in accordance with Policy A13 of the Leominster District Local Plan.

 

18 -   F25 (Bunding facilities for oils/fuels/chemicals).

 

         Reason: To prevent pollution of the water environment in accordance with Policy A13 of the Leominster District Local Plan.

 

19 -   F26 (Interception of surface water run off).

 

         Reason: To prevent pollution of the water environment in accordance with Policy A13 of Leominster District Local Plan.

 

20 -   F28 (No discharge of foul/contaminated drainage).

 

         Reason: To prevent pollution of the water environment in accordance with Policy A13 of the Leominster District Local Plan.

 

21 -   E02 (Restriction on hours of delivery).

 

         Reason: To safeguard the amenities of the locality.

 

22 -   E04 (Restriction on hours of opening).

 

         Reason: To safeguard the amenities of the locality.

 

         Informatives:

 

1 -     Lighting installations should comply with BS5489 regarding light levels or the relevant CIBSE code.  Flood lights should be asymmetric beam type so the front face can be mounted as close to the horizontal as possible to minimise light spill.  Light trespass should be limited so that levels of illuminance do not exceed 1.0 lux (vertical) on any windows of any adjacent residential properties or 5 lux (horizontal) on any adjacent highways.  Where possible a light curfew should be imposed, depending on operating hours and need.

 

2 -     N15 - Reason(s) for the Grant of PP/LBC/CAC.

Supporting documents: