Decision details

Environmental Impact Assessment application for the installation and operation of an asphalt plant, concrete batching plant and gully waste plant, together with ancillary development and access. Plots 6 & 7 North Quay Road, Newhaven, BN9 0AB

50.1    The Committee considered a report by the Head of Planning and Environment. 

 

50.2    Councillor Johnny Denis (Lewes District Council) spoke against the application.

 

50.3    Mr Andrew Hack, Estate Manager of FM Conway, spoke in support of the application  

 

50.4    Councillor Daniel proposed an additional condition related to the feasibility of bringing one of the site wharves into use. 

 

50.5    Members have considered the officer’s report and comments of the public speakers, and agree with the conclusion and reasons for recommendation as set out in paragraph 7 of the report, together with the additional condition suggested by Councillor Daniel.  

 

50.6    RESOLVED by a majority to approve planning permission, together with the additional condition (number 21) subject to the completion of the following procedure:

 

(i)        The completion of a Legal Agreement to secure a contribution of £15000 towards initiatives in the Newhaven Air Quality Action Plan:

 

(ii)       To authorise the Head of Planning and Environment to grant planning permission, upon completion of the Legal Agreement in (i) above, subject to conditions, along the lines set out Minute 50.8 below.

 

50.7    If the Legal Agreement has not been completed by 31 August 2018, the application will be referred back to Committee for determination.

 

50.8 The grant of planning permission shall be subject to the following conditions:

 

1.      The development hereby permitted shall be commenced before the expiration of three years from the date of this permission.

        

         Reason: To comply with Section 91 of the Town and Country Planning Act 1990.

 

2.      The development hereby permitted shall be carried out in accordance with the plans listed in the Schedule of Approved Plans.

        

         Reason: For the avoidance of doubt and in the interests of proper planning.

 

3.      Construction and subsequent development shall be carried out in accordance with the conclusions and recommendations in Section 8.7 to the ‘Report on Preliminary Ground Investigation’, Issue 3, dated March 2017 by Applied Geology Limited (ref. AG2519-16AA17).

        

         Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy ST30 in the Lewes District Local Plan 2003.        

 

4.      If, during construction, contamination not previously identified is found to be present at the site then no further construction (unless otherwise agreed in writing with the County Planning Authority) shall be carried out until the applicant has submitted and obtained the written approval of the Head of Planning and Environment for a remediation strategy detailing how this unsuspected contamination shall be dealt with.

        

         Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy ST30 in the Lewes District Local Plan 2003. Construction shall be carried out in accordance with the approved remediation strategy thereafter.

 

5.      Piling, or any other foundation designs, using penetrative methods shall not be permitted other than with the written consent of the Head of Planning and Environment, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. Construction shall be carried out in accordance with the approved details.

        

         Reason:  To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems and the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with Saved Policy ST30 in the Lewes District Local Plan 2003.

        

6.      Development of each phase of works shall not commence until a Construction Management Plan has been submitted for the written approval of the Head of Planning and Environment. The construction details to be submitted shall include but not be restricted to;

        

a)            Phasing, sequencing, duration and hours of works within the individual phases of works.

         b)            Proposals to attenuate noise during each phase of the works,

         c)            Dust suppression measures during each phase of the works

         d)            Measures to manage flood risk, both on and off site

         e)            Construction vehicle routeing and wheel washing facilities

        

         For the duration of construction the Construction Management Plan shall be implemented in accordance with the approved details.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

7.      Prior to commencement of development details of the construction of the recycled aggregate product (RAP) shed and the aggregate storage bays shall be submitted for the written approval of the Head of Planning and Environment. Construction shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Head of Planning and Environment.

          

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

8.      Prior to the commencement of the construction or erection of any building,  structure of means of boundary enclosure hereby approved, details of its external materials and finish including colour shall be submitted for the written approval of the Head of Planning and Environment. The development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Head of Planning and Environment.

                       

         Reason: To help ensure an appropriate appearance of the development in accordance with Policy WMP23a of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

9.      Prior to erection of the acoustic barrier parallel to the riverbank details of its construction shall be submitted for the written approval of the Head of Planning and Environment. Its construction shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Head of Planning and Environment.

          

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

10.    Construction shall be carried out in accordance with the approved Flood Risk Assessment (FRA) (Feb 2017) and the following mitigation measures detailed within the FRA:-

         Landscaping or ground works are kept to the limits shown on drawings numbered `CWY51-EW-00-003 P1, Existing Site drainage` and `CWY51-EW-00-004 P2 Proposed Surface Levels` in order to minimise impact on flood levels and flows.

        

         The mitigation measures shall be fully implemented prior to first occupation and subsequently retained in accordance with the timing and phasing arrangements within the scheme or within any other period as agreed in writing by the Head of Planning and Environment.

        

         Reason: To ensure risk of flooding is adequately managed and minimised in accordance with Policy WMP28a in the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

11.    Prior to the commencement of the development, a detailed surface water drainage scheme for the site, based on the approved Flood Risk Assessment (FRA, February 2017) shall be submitted to and approved in writing by the Head of Planning and Environment. The approved scheme shall subsequently be implemented in accordance with the approved details and confirmation provided to the Head of Planning and Environment before the development is brought into use.

         The scheme shall include a restriction in run-off and surface water storage on site as outlined in the FRA and, where possible, shall incorporate sustainable urban drainage measures. Additionally the approved scheme will:

         i. provide details of the surface water design and how it will be implemented to ensure no increase in flood risk from commencement of construction and during any phased approach to building.

         ii. provide a management and maintenance plan for the lifetime of the development

         of arrangements to secure the operation of the scheme throughout its lifetime.

         iii. provide details of the body responsible for the implementation of the

         management and maintenance plan. The scheme shall also demonstrate the use of methods to minimise the use of potable water, and will:

·         incorporate water saving measures and equipment.

·         provide details of water collection facilities to capture excess rainwater;

·     provide details of how rain and grey water will be recycled and reused in the development.

        

         Thereafter the development shall be implemented and operated in accordance with the approved details.

        

         Reason: To ensure that surface water run off is controlled to ensure the development does not increase the risk of flooding in accordance with Policy WMP28 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013

        

12.    Prior to first use of the development hereby approved, a Noise Management Plan for the control and management of noise from the site operations and vehicle movements shall be submitted for the written approval of the Head of Planning and Environment. The development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Head of Planning and Environment.

           

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

13.    Prior to first use of the development hereby approved, an Environmental Fleet Management Plan for the control and management of vehicles associated with site operations shall be submitted for the written approval of the Head of Planning and Environment. The Plan shall include, but not be confined to, details of the fleet, maintenance and servicing regime as well as driver training and development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Head of Planning and Environment.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

14.    Prior to first use of the site lighting and CCTV, details of the column heights, lighting units and calculated light contours shall be submitted for the written approval of the Head of Planning and Environment. The development shall thereafter be carried out in accordance with the approved details, unless otherwise agreed in writing by the Head of Planning and Environment.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

15.    The rating noise levels from the site shall not exceed those predicted at locations shown in WBM Technical Note (Ref. 4611, dated 28 February 2018), Appendix A, Table titled ‘Night-time (with additional mitigation measures for top of asphalt plant and stack)’ at any time.

                    

         Reason: To safeguard the amenities of the occupiers of residential properties within the vicinity of the site in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policy ST3 of the Lewes Local Plan 2003. 

        

16.    Within two months of the asphalt plant becoming operational, a noise survey (“Survey”) shall be undertaken in accordance with BS 4142: 2014 (Methods for rating and assessing industrial and commercial sound) and within one month the results reported (the “Report”) in writing  to the Head of Planning and Environment. The Report shall:

         a) demonstrate whether the noise levels required by condition 15 are being achieved;

         b) if the Survey does not demonstrate such compliance the Report must include measures to reduce noise  such that the levels stipulated by condition 15 will be met;

         c)Such measures as are agreed shall be carried out within a time period to be approved by the Head of Planning and Environment and compliance demonstrated by further Survey, which must be reported to the Head of Planning and Environment within a further two months of the measures being implemented.

                    

         Reason: To safeguard the amenities of the occupiers of properties within the vicinity of the site in accordance with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013 and Saved Policy ST3 of the Lewes Local Plan 2003. 

        

17.    Transfer of aggregate via North Quay Road between berth 5 and the application site shall not take place at any time other than between 0700 and 1900 hours Monday (excluding Bank and Public Holidays) to Friday and between 0700 and 1300 on Saturday unless otherwise agreed in writing by the Head of Planning and Environment.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

18.    HGVs shall not use the site routes between the covered storage bays and the site boundaries at any time other than between 0700 and 1900 hours on Monday to Friday (excluding Bank and Public Holidays) and between 0730 and 1300 on Saturdays unless otherwise agreed in writing by the Head of Planning and Environment.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

19.    Concrete production and distribution shall not take place at any time other than between 0700 and 1900 on Monday to Friday (excluding Bank and Public Holidays) and between 0730 and 1300 hours on Saturday unless otherwise agreed in writing by the Head of Planning and Environment.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

        

20.    Gully waste shall not be removed from plant at any time other than between 0700 and 1900 hours on Monday to Friday (excluding Bank and Public Holidays) and between 0730 and 1300 hours on Saturday unless otherwise agreed in writing by the Head of Planning and Environment.

        

         Reason: In the interests of the amenity of the locality to accord with Policy WMP25 of the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan 2013.

 

21.    Before the asphalt plant is brought into operation a copy of a report investigating the feasibility of bringing a wharf back into use shall be provided for information to the Head of Planning and Environment.

 

         Reason: In the interests of Policy WMP15 in the East Sussex, South Downs and Brighton & Hove Waste and Minerals Local Plan 2013.

        

Informative   

 

1.      Consideration be given to use of flood proofing measures to reduce the impact of flooding when it occurs. Flood proofing measures include barriers on ground floor doors, windows and access points and bringing in electrical services into the building at a high level so that plugs are located above possible flood levels. The applicant’s attention is drawn to ‘Improving the Flood Performance of New Buildings’, issued in May 2017 by the Department for Communities and Local Government (ISBN 9781859462874)

 

Schedule of Approved Plans

EW-00-002 P3 - Existing Site Layout, GA-00-001 P12 - Proposed Site Layout, GA-00-005 P3 - Asphalt Plant, GA-00-006 P3 - Concrete Batching Plant, GA-00-008 P2 - Gully Waste Plant, GA-00-009 P2 - Office Buildings, EW-00-001 Rev P4 - Location Plan, Dust and Odour Emissions Management Plan (Second Issue), February 2018, Air Quality Assessment (Third Issue), February 2018, Technical Note, WBM Ref:4611